To
the
first
treatise
of
the
Abstract
,
That
a
learned
ministerie
is
commanded
by
lawe
.
A
Preamble
before
the
examination
of
his
proofes
.
IT
seemeth
to
mee
that
the
principall
scope
of
the
authour
of
this
booke
was
,
couertlie
to
bring
the
gouernours
and
gouernement
ecclesiasticall
of
this
church
of
England
,
into
contempt
,
hatred
and
obloquie
,
speciallie
with
preiudicate
and
vnwarie
readers
of
it
;
as
though
the
said
gouernours
were
either
grossely
ignorant
,
or
wilfull
breakers
of
lawes
,
canons
,
&c
,
in
force
,
touched
in
this
booke
;
yet
in
other
points
readie
enough
to
put
in
vre
other
Canons
,
Constitutions
and
Synodals
prouinciall
of
like
nature
,
which
serue
better
for
their
purpose
.
If
this
were
not
his
drift
and
marke
wherat
he
aimed
,
he
would
not
haue
set
the
article
of
A
learned
ministerie
by
lawe
commanded
,
in
the
vaward
,
and
therein
haue
spent
almost
halfe
his
booke
:
whereby
belike
hée
thought
simple
or
affectionate
readers
would
easilie
be
led
to
imagine
,
that
the
chéefe
gouernors
in
our
church
matters
,
doo
hold
some
opinion
to
the
contrarie
thereof
,
tending
to
the
vpholding
of
ignorance
in
ministers
.
Wherin
let
the
wise
consider
,
what
iniurie
&
indignitie
(
vnder
hand
)
he
hath
offered
to
this
church
,
to
faine
that
to
be
holden
&
mainteined
,
A
slanderous
insinuation
.
which
is
not
:
and
by
ioining
héerin
with
the
common
enimies
the
papists
,
and
strengthening
their
hands
,
who
also
,
in
their
seditious
bookes
,
doo
harpe
much
vpon
the
ignorance
and
dissolutenesse
of
our
clergie
.
And
yet
(
howsoeuer
some
Bishops
peraduenture
inconsideratelie
héeretofore
haue
laid
their
hands
vpon
some
verie
ignorant
ministers
,
which
thing
,
neither
other
godlie
men
in
them
,
nor
they
in
themselues
doo
afterward
like
well
of
)
his
owne
conscience
(
I
dare
saie
)
dooth
witnesse
vnto
him
,
that
this
church
,
and
the
godlie
gouernors
therein
,
doo
disallowe
an
ignorant
ministerie
,
&
doo
with
all
their
harts
wish
it
were
possible
(
Rebus
sic
stantibus
)
that
euerie
parish
had
a
sufficient
able
preacher
.
And
therefore
his
thicke
allegations
of
canon
law
as
to
this
purpose
,
are
Pag.
239.
(
as
he
speaketh
of
the
said
law
else-where
)
Needles
,
bootlesse
,
and
footlesse
too
:
brought
in
to
no
purpose
,
but
to
puffe
vp
,
and
to
make
his
booke
swell
,
and
withall
to
giue
him
a
plaine
song
or
ground
,
to
make
his
scolding
faburden
vpon
.
But
séeing
throughout
his
discourse
vpon
the
said
first
article
,
he
exacteth
of
euerie
minister
more
than
Mediocrem
&
competentem
scientiam
,
immò
eminentem
,
and
as
Pag.
16.
it
seemeth
such
as
S.
Paule
propoundeth
to
euerie
minister
as
a
perfect
Idaea
,
what
is
requisite
in
him
:
which
is
,
that
he
be
able
to
teach
sound
doctrine
,
to
comfort
,
to
correct
2.
Tim.
3
,
16.
and
instruct
,
and
to
reuince
any
error
;
and
thinketh
Grammarians
and
Poets
,
Philosophers
and
Rhetoricians
,
though
they
haue
spent
many
yéeres
in
the
vniuersities
,
Pag.
72.
not
fit
straight-waies
to
be
made
Physicians
of
soules
:
insinuating
withall
héereby
,
that
the
Bishops
that
haue
ordered
or
tollerated
any
not
so
perfectlie
qualified
,
to
haue
neglected
their
dutie
,
&c:
In
these
respects
(
I
saie
)
it
had
béene
more
conuenient
for
him
,
to
haue
tendered
another
issue
,
vpon
some
points
in
practise
of
our
church
,
rather
than
thus
to
haue
fought
with
his
own
shadowe
,
Et
in
re
minimè
dubia
testibus
vti
non
necessarijs
,
in
séeking
to
prooue
that
which
no
man
denieth
to
be
most
requisite
,
if
it
could
be
brought
to
passe
.
For
the
issue
ought
to
haue
beene
to
this
or
like
effect
?
Whether
it
be
simplie
vnlawfull
,
that
one
should
be
admitted
to
minister
the
sacraments
,
which
is
not
sufficientlie
enabled
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Rom.
15
,
4.
2.
Tim.
3
,
16.
1.
Tim.
3
,
26.
Titus
.
1
,
9.
that
is
,
to
deuide
the
word
of
GOD
aright
,
and
is
also
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
able
to
teach
the
truth
and
conuince
error
,
and
to
correct
sinne
,
and
instruct
to
vertue
and
good
life
,
and
to
comfort
the
weake
.
Or
else
,
whether
it
be
expedient
,
that
all
the
parishes
in
England
either
not
able
to
susteine
such
a
learned
minister
,
or
for
the
scarsitie
of
such
so
well
qualified
,
not
able
to
procure
one
,
should
be
destitute
of
publike
praier
,
and
administration
of
sacraments
,
till
such
a
preacher
be
procured
vnto
them
,
or
no
?
But
séeing
it
was
not
for
his
aduantage
to
speake
to
purpose
,
being
an
easie
matter
to
carrie
away
the
prise
,
where
no
man
striueth
;
it
were
a
sufficient
answer
to
all
his
first
article
,
to
yeeld
:
that
there
ought
to
be
established
(
as
néere
as
possiblie
may
be
)
a
learned
ministerie
euerie
where
in
the
church
.
Yet
will
it
not
be
amisse
a
little
to
looke
into
his
clerkelie
proofes
héereof
,
and
by
the
way
to
point
at
the
violent
and
furious
affections
,
wherevnto
the
sharpenesse
of
his
humour
,
against
particulars
,
dooth
lead
him
:
and
also
to
touch
diuers
other
absurd
positions
and
paradoxes
,
vpon
occasion
of
this
treatise
,
by
him
héere
and
there
interlarded
.
1.
Section
.
Pag.
3
,
&
4.
AN
auncient
Father
saith
,
that
the
friends
of
Iob
did
handle
an
euill
cause
well
and
cunninglie
,
but
Iob
hauing
a
good
cause
,
did
handle
it
but
slenderly
.
In
like
maner
it
fareth
with
this
authour
in
this
section
,
and
some
other
parts
of
this
first
article
:
so
that
except
I
saw
where
matter
wanteth
,
that
he
furnisheth
out
his
talke
with
bitter
and
earnest
words
,
a
man
would
iudge
that
he
dooth
but
Praeuaricari
,
as
the
ciuill
law
calleth
it
:
when
a
man
séeming
seriouslie
to
deale
against
a
cause
,
omitteth
purposelie
,
what
to
best
purpose
might
be
said
,
and
plaieth
bootie
,
to
betraie
the
goodnesse
of
the
cause
.
For
where
he
should
prooue
,
that
the
canons
doo
require
such
learning
in
him
that
is
to
be
made
a
minister
,
as
hée
painteth
out
in
diuers
parts
of
this
treatise
:
in
stead
hereof
,
he
chooseth
to
set
in
the
first
ranke
out
of
the
Decretall
De
electione
,
the
chapter
Nihilest
,
in
déed
to
no
purpose
.
For
the
said
chapter
(
as
he
himselfe
well
perceiued
)
and
therefore
by
preoccupation
sought
to
answer
(
Sed
quàm
foeliciter
?
)
perteineth
A
law
wrested
.
onlie
to
dignities
electiue
,
whose
elections
to
the
said
dignities
,
are
to
be
confirmed
by
their
superiors
,
whether
by
Bishops
,
Abbats
,
Prouincials
of
their
order
,
or
other
whosoeuer
.
Now
such
so
to
be
elected
,
are
for
the
most
part
before
their
elections
,
in
some
clericall
orders
,
[
](A19392-e76050-b)*
*
Gl.
in
c.
officij
tui
ver.
incontin
.
Ext.
de
electione
,
&
electi
potestate
.
or
else
there
were
no
colour
at
all
,
according
to
later
canons
,
for
the
superior
to
confirme
them
,
the
election
of
their
person
being
otherwise
to
all
intents
méerelie
void
.
But
he
saith
,
that
What
election
and
confirmation
is
to
superior
functions
;
that
is
,
presentation
and
institution
for
enioieng
of
inferior
benefices
.
Wherein
he
disputeth
not
Ad
idem
:
for
he
knoweth
that
one
,
who
is
a
minister
alreadie
,
and
of
competent
gifts
to
answer
in
Latine
to
the
articles
of
religion
,
agréed
vpon
,
&c:
can
not
in
this
Realme
vpon
presentation
be
hindered
from
institution
by
the
Bishop
,
but
he
may
recouer
the
benefice
by
Quare
impedit
at
the
common
law
;
and
therefore
this
canon
can
not
be
in
force
,
or
be
extended
to
punish
the
Bishop
,
for
instituting
such
a
one
,
whom
he
cannot
by
the
lawes
of
the
land
refuse
.
But
peraduenture
(
he
will
saie
)
by
presentation
&
institution
he
ment
the
first
ordering
of
him
to
the
ministerie
,
which
is
meere
voluntarie
in
the
Bishop
.
A
contrarietie
to
himselfe
.
Yet
héerein
,
as
he
speaketh
improperlie
,
so
dooth
it
impugne
the
rest
of
this
mans
platforme
:
for
hée
would
not
haue
any
absolute
orders
giuen
,
but
when
some
place
is
void
,
and
that
with
election
of
the
people
.
And
if
to
bring
a
Bishop
within
danger
of
the
penaltie
of
this
canon
,
he
will
haue
him
to
haue
something
to
doo
in
this
action
of
calling
to
the
ministerie
,
which
shall
be
arbitrarie
for
him
to
doo
,
or
not
to
doo
;
as
to
laie
his
hands
on
the
elected
:
then
are
he
and
his
clients
at
another
mischéefe
by
leauing
it
still
in
the
Bishops
power
to
reiect
their
new
elect
.
He
inforceth
also
,
that
howsoeuer
the
words
may
lead
a
man
,
to
thinke
this
canon
to
be
ment
for
superior
and
electiue
prelacies
onelie
;
yet
the
reason
of
the
decrée
fighting
also
as
stronglie
for
ministers
,
ought
to
make
the
law
to
be
accounted
alike
in
both
.
Which
being
grounded
vpon
this
rule
,
Vbi
eadem
ratio
idem
ius
,
I
must
put
him
in
minde
that
the
said
rule
[
](A19392-e76110-b)*
*
L.
solem
●61
.
in
fine
ff.
de
iudicijs
.
l.
illicitas
.
6.
§
qui
vniuersas
ff.
de
officio
praesidis
.
holdeth
not
,
where
the
lawe
it selfe
,
notwithstanding
some
generall
reason
thereof
be
alike
,
dooth
otherwise
in
another
place
dispose
[
](A19392-e76120-b)*
*
L.
1.
a
ff.
de
reg.
iuris
.
Quia
non
exregula
ius
,
sed
ex
iure
regula
sumitur
.
And
so
it
dooth
in
this
matter
,
as
may
appéere
in
the
same
chapter
Nihil
est
,
where
a
little
after
the
words
by
him
alledged
not
this
punishment
of
suspension
and
bereauing
of
power
to
confirme
the
next
successors
election
,
is
inflicted
for
that
Bishop
which
shall
prefer
to
holy
orders
or
ecclesiasticall
benefie●s
,
such
as
cannot
woorthilie
fulfill
the
office
to
them
committed
,
but
the
penaltie
in
that
case
by
canons
prouided
.
Which
words
though
the
author
thought
good
not
to
alledge
;
bicause
they
make
no
mention
of
any
insufficiencie
of
knowledge
,
and
would
be
racked
to
no
further
office
than
to
an
abilitie
of
saieng
masse
,
wherein
the
chéefe
and
as
it
were
the
onlie
mysterie
of
popish
priestcraft
consisted
:
yet
in
the
Maior
of
his
second
syllogisme
,
where
in
a
generalitie
Of
worthy
executing
his
office
,
they
seemed
to
speake
more
aptlie
to
his
purpose
,
he
was
content
to
vse
them
,
though
they
doo
indeed
quite
ouerthrow
his
answer
of
the
identitie
of
reason
,
in
both
the
cases
.
For
how
can
it
be
intended
,
that
one
and
the
selfe-same
thing
is
by
those
words
ment
and
disposed
of
,
where
the
law-giuer
(
as
in
this
place
)
prouided
a
diuersitie
of
punishment
in
the
cases
of
confirming
a
mans
election
:
for
knowledge
insufficient
&c
,
from
the
penaltie
of
such
a
Bishop
,
which
should
order
a
man
,
that
could
not
execute
woorthilie
the
office
committed
to
him
?
For
the
penaltie
inflicted
else-where
by
the
canons
vpon
the
Bishop
,
which
shall
prefer
men
vtterlie
vnwoorthie
,
to
holie
orders
,
ecclesiasticall
preferments
,
or
benefices
(
of
which
the
[
](A19392-e76160-b)*
*
Gl.
ibid.
in
verbo
suspenditur
.
glosse
sheweth
this
decretall
to
be
ment
in
that
behalfe
,
where
it
saieth
;
If
they
will
escape
the
penaltie
of
the
canons
)
is
to
be
[
](A19392-e76180-b)*
*
C.
cum
in
cunctis
Ext.
de
electione
,
&c.
graue
Ext.
de
prebendis
.
suspended
from
giuing
of
orders
,
or
collating
of
benefices
.
And
to
make
it
more
cleare
,
that
so
much
of
this
d●cretall
,
as
our
author
alledgeth
,
is
onlie
to
be
vnderstood
of
superior
prelacies
and
dignities
,
and
not
to
inferior
benefices
,
the
glosse
obiecteth
and
resolueth
thus
;
This
seemeth
contrarie
(
saith
the
glosse
)
to
C.
graue
infra
de
praebendis
,
bicause
there
,
he
that
preferreth
vnwoorthie
men
,
is
not
punished
till
he
haue
been
twise
or
thrise
rebuked
&
admonished
of
it
,
but
heere
he
is
presentlie
punished
without
anie
admonition
:
also
heere
,
those
that
are
promoted
,
are
remooued
,
but
there
they
are
not
:
it
is
to
be
answered
,
that
heere
he
speaketh
of
those
that
are
promoted
to
dignities
and
gouernment
of
soules
,
and
for
that
they
doo
more
deepelie
offend
,
they
are
more
greeuouslie
punished
,
euen
without
any
admonition
:
but
in
the
other
place
he
speaketh
of
meane
benefices
,
in
which
such
great
ripenes
is
not
required
.
Which
to
be
no
greater
or
exacter
a
matter
than
to
be
able
to
say
masse
,
dooth
appéere
by
that
which
[
](A19392-e76210-b)*
*
Panorm.
in
c.
vlt.
de
etat
.
&
qualit
.
in
fine
.
A
fallacie
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Panormitane
allegeth
out
of
Bartol.
Neither
can
the
generall
acception
in
law
of
this
word
(
Praelatus
)
sometimes
applied
to
an
inferior
minister
,
helpe
this
pittifull
proofe
of
his
.
It
is
a
Fallax
to
gather
,
bicause
it
sometimes
so
signifieth
,
that
therefore
in
this
place
it
should
so
be
taken
:
yet
there
is
no
such
place
as
he
quoteth
héere
out
of
C.
sua
.
de
clerico
aegrotante
.
But
if
we
should
gratifie
him
so
much
,
as
to
suffer
this
canon
to
go
for
good
paiment
in
this
behalfe
:
yet
if
it
be
A
law
forged
.
said
,
that
most
of
the
ministers
of
this
church
,
at
whom
he
shooteth
this
bolt
,
are
not
of
that
insufficiencie
of
knowledge
,
or
vnaptnesse
to
execute
their
office
,
that
is
héere
ment
to
be
condemned
:
he
were
still
new
to
begin
again
,
to
prooue
that
this
canon
requireth
also
such
a
sufficiencie
in
all
ministers
,
whereby
they
should
be
perfectlie
well
able
to
preach
the
word
.
For
euerie
one
that
hath
not
a
speciall
gift
to
preach
,
is
not
straightwaie
to
be
accounted
(
according
to
this
canon
)
a
man
insufficient
for
knowledge
,
or
not
able
to
execute
his
office
woorthilie
.
In
the
former
syllogisme
of
this
section
,
if
by
the
word
Hurtfull
he
vnderstand
not
onelie
that
,
which
Per
se
is
hurtfull
,
but
that
also
which
is
so
Per
accidens
,
and
vpon
some
occasion
may
endamage
the
church
of
God
:
then
his
Maior
is
to
be
denied
as
vntrue
.
For
so
,
euen
excellent
and
singular
learning
happening
into
such
one
as
Arrius
was
,
may
do
great
harme
in
the
church
.
And
likewise
in
both
the
assumpts
of
his
syllogismes
he
notably
plaieth
vpon
the
petition
A
fallacie
A
petitione
principij
.
of
the
principle
,
taking
that
as
granted
,
which
is
vtterlie
to
be
denied
.
2.
Section
.
Pag.
4
,
5.
ALl
that
is
said
in
this
section
,
being
in
effect
nothing
else
but
that
ministers
,
being
called
physicians
of
soules
,
ought
to
be
able
to
applie
a
spirituall
medicine
;
as
it
prooueth
not
pregnantly
the
scope
of
the
issue
,
to
wit
;
that
euery
minister
ought
of
necessitie
to
be
of
such
abilitie
to
preach
,
as
this
treatise
requireth
:
so
dooth
it
not
limit
that
the
said
physician
of
the
soule
,
which
in
sicknesse
is
to
be
sent
for
,
must
néedes
be
the
pastor
of
that
parish
,
more
than
that
the
physician
for
the
bodie
(
of
whome
also
it
speaketh
)
must
be
of
the
said
place
necessarilie
.
And
trulie
,
I
must
néeds
confesse
that
he
is
a
verie
simple
and
ignorant
minister
,
of
what
parish
soeuer
,
that
is
not
able
(
howsoeuer
he
be
to
preach
)
yet
to
applie
some
spirituall
medicine
to
the
soule
of
a
sicke
man
for
his
consolation
:
although
in
truth
by
the
spirituall
medicines
is
not
here
ment
any
inward
comfort
A
canon
racked
.
by
faith
in
Christ
,
in
those
daies
least
respected
,
but
the
shriuing
to
a
priest
,
the
housling
,
and
anéeling
of
the
partie
diseased
.
3.
Section
.
Pag.
5
,
6
,
7
,
&
8.
VNder
my
former
protestation
,
and
the
benefit
thereof
alwaies
to
me
being
reserued
,
that
I
fauour
not
,
nor
séeke
not
to
establish
ignorance
in
the
ministerie
:
I
doo
saie
that
this
which
the
author
here
bringeth
out
of
the
Chapter
,
Cùm
sit
ars
Ext.
de
aetate
,
qualit
.
&c.
for
to
prooue
that
ministers
ought
to
be
lerned
,
vpon
colour
of
those
words
,
For
if
they
shall
hencefoorth
presume
to
ordeine
such
as
are
vnskilfull
and
ignorant
,
dooth
not
any
waie
directlie
relieue
him
.
For
that
decretall
speketh
of
such
as
Being
to
be
promoted
to
A
canon
wrested
by
the
author
.
be
priests
,
are
by
the
Bishops
themselues
,
or
other
fit
men
,
to
be
instructed
,
&c:
not
of
or
touching
diuine
offices
&
ecclesiasticall
sacraments
,
but
how
&
in
what
maner
they
may
aright
celebrate
them
,
that
is
to
saie
,
how
to
turne
their
pie
,
portesse
,
and
missall
,
&
to
vse
gailie
the
infinite
ceremonies
of
the
masse
,
hard
to
be
learned
without
a
schoolmaister
,
which
Viua
voce
might
open
the
same
vnto
them
.
For
else
we
must
néeds
herevpon
affirme
,
if
anie
such
instruction
should
be
required
at
the
Bishop
hands
,
or
such
as
he
should
appoint
,
as
the
authour
here
woulde
inforce
:
that
the
Bishop
must
read
or
procure
to
be
read
to
such
as
he
would
afterwards
ordeine
to
be
ministers
,
a
continuall
set
lecture
of
all
good
learning
,
but
speciallie
of
diuinitie
.
Also
it
is
spoken
of
such
as
are
to
be
ordeined
priests
,
which
hauing
gone
thorough
all
the
lesser
orders
,
and
Subdeaconship
and
Deaconship
,
are
not
to
be
intended
then
,
newlie
to
be
instructed
by
the
Bishop
in
so
short
a
time
,
euen
a
little
before
their
priesting
in
all
the
doctrine
of
diuine
offices
and
ecclesiasticall
sacraments
,
which
thing
also
the
word
Diuina
officia
for
the
most
part
in
these
latter
canons
vsed
for
nothing
but
the
masse
,
with
the
appurtenances
,
dooth
sufficientlie
make
manifest
vnto
vs
;
neither
can
those
generall
words
of
Vnskilfull
and
ignorant
be
drawne
further
than
to
such
things
,
wherein
the
disposition
and
bodie
of
that
law
is
before
bestowed
.
Yet
will
I
not
denie
,
but
that
hence
we
may
profitablie
gather
,
how
behoouefull
it
is
for
vs
to
haue
as
great
a
care
to
the
sufficiencie
of
such
as
are
to
be
called
to
be
the
ministers
of
the
gospell
,
as
they
had
for
the
instructing
of
their
idolatrous
priests
,
in
their
apish
gesticulations
at
the
masse
.
And
to
no
other
end
serueth
that
which
is
brought
out
of
the
Cap.
tales
,
23.
Dist.
in
the
discourse
vpon
the
said
section
.
But
of
all
other
,
Impertinent
allegations
.
that
his
common
place
of
the
basenes
of
manie
meane
things
in
respect
of
a
few
verie
good
,
pulled
out
of
the
[
Code
and
Nouelles
,
]
but
borrowed
of
the
glosse
vpon
this
Decretall
;
I
maruell
that
he
would
bring
it
for
the
inlarging
of
this
particularitie
which
he
hath
here
in
hand
.
The
other
allegation
out
of
the
15.
Dist.
and
Constit
.
Otho
.
quam
advenerabiles
,
toucheth
wholie
the
conuersation
and
not
the
learning
and
knowledge
of
the
minister
,
and
therefore
is
besides
his
purpose
.
Yet
neuerthelesse
there
is
no
such
canon
to
be
found
as
he
quoteth
:
and
the
constitution
legatiue
of
Otho
.
quid
advenerabiles
,
speaketh
onlie
False
and
wrested
allegations
.
of
Archbishops
&
Bishops
,
and
not
of
inferiour
ministers
,
wherevpon
our
author
entreateth
:
and
therefore
it
is
to
be
taken
as
a
witnesse
suborned
,
and
by
him
taught
to
giue
euidence
in
a
matter
wherein
he
hath
nothing
in
déed
to
depose
.
Wherevpon
,
bicause
(
all
this
notwithstanding
)
he
taketh
occasion
to
enter
into
a
verie
bitter
,
and
(
I
trust
)
a
slaunderous
accusation
against
the
most
of
our
ministerie
,
for
euill
example
,
by
their
vngodlinesse
,
dishonestie
,
and
dissolutenes
of
behauiour
,
no
otherwise
but
in
a
generalitie
,
and
therefore
not
possible
to
be
answered
but
by
deniall
;
I
must
wholie
remit
the
same
to
him
,
who
best
knoweth
,
whether
herein
he
be
an
vniust
accuser
of
the
most
of
his
brethren
,
and
of
this
church
wherin
he
liueth
.
And
I
would
to
God
that
all
they
,
whom
thus
he
inueigheth
against
,
were
as
cleare
from
those
faults
,
as
I
am
assured
some
others
,
who
are
so
readie
to
spie
a
mote
in
other
mens
eies
,
and
pretend
greater
zeale
and
sinceritie
than
ordinarie
,
are
farre
off
from
true
godlinesse
,
mortification
and
charitie
.
4.
Section
.
Pag.
8
,
9.
Pag.
11
AS
these
three
allegations
out
of
the
Authentikes
,
Digests
,
and
glosse
of
the
Constit
.
of
Otho
.
not
so
much
as
once
naming
the
words
of
learning
,
knowledge
,
or
anie
such
like
,
being
brought
in
but
to
make
a
number
,
without
anie
derogation
to
the
authors
great
reading
,
might
well
haue
béene
spared
:
so
the
other
fiue
allegations
of
this
section
tending
hitherto
,
that
knowledge
ought
to
be
in
ministers
,
that
they
are
maisters
,
and
ought
to
teach
others
;
bicause
they
speake
not
to
the
point
of
the
issue
,
may
well
be
put
from
the
barre
.
For
his
purpose
is
to
prooue
,
that
none
deserueth
to
be
called
a
minister
or
pastor
,
which
is
not
able
to
gouerne
,
to
exhort
,
to
admonish
,
to
rebuke
and
comfort
his
flocke
:
yea
,
and
that
(
as
it
seemeth
by
him
else-where
)
after
a
perfect
and
exquisite
sort
.
Now
,
séeing
knowledge
and
abilitie
to
teach
,
is
in
diuerse
measures
and
degrées
,
&
may
be
verified
(
as
Logicians
speake
)
Secundum
magis
&
minus
;
it
may
well
be
,
that
a
minister
is
in
some
measure
learned
,
hath
knowledge
,
and
is
able
to
teach
,
and
to
deale
in
these
duties
,
which
yet
hath
not
aspired
to
the
heigh
of
perfection
,
required
as
an
Idaea
,
rather
to
be
propounded
to
be
followed
,
than
of
anie
one
of
his
owne
Rabbines
,
or
anie
other
hitherto
attained
vnto
.
But
to
put
the
matter
out
of
doubt
,
that
no
such
knowledge
to
preach
,
as
our
author
would
inforce
,
is
here
required
;
the
glosse
vpon
his
first
allegation
in
this
section
,
referring
vs
to
the
C.
quae
ipsis
,
Dist.
38.
dooth
plainelie
shew
,
that
it
is
but
the
skill
in
the
missall
,
the
antiphonarie
,
the
booke
of
the
forme
of
baptizing
,
the
kalendar
,
the
rules
for
penance
,
and
such
like
,
which
is
required
to
make
him
a
skilfull
priest
,
and
a
séer
or
guide
.
And
therefore
in
the
Chapter
Sedulò
in
the
same
distinction
,
it
is
prouided
,
that
scholars
,
and
those
who
are
learned
,
are
not
to
mocke
at
the
prelates
and
ministers
of
the
church
,
when
they
heare
them
vse
Barbarismes
and
Soloecismes
in
their
praiers
,
and
to
pronounce
confusedlie
words
which
they
doo
not
vnderstand
:
where
the
prelats
also
and
ministers
are
in
that
respect
excused
.
Wherevpon
the
[
](A19392-e76730-b)*
*
Gl.
ibidem
in
verbo
intelligere
.
glosse
gathereth
,
that
a
man
for
his
ignorance
is
not
to
be
deposed
:
yet
I
cannot
but
signifie
that
his
second
,
fourth
,
and
sixt
allegations
are
left
without
quotations
,
his
third
is
not
alledged
as
it
lieth
in
the
text
,
and
his
last
being
spoken
Corrupt
dealing
in
allegations
.
onelie
of
a
Bishops
election
,
is
by
him
racked
out
,
to
serue
for
euerie
ministers
ordination
.
5.
Section
.
Pag.
10
,
11.
THis
decretall
Ne
pro
defectu
,
brought
in
besides
the
principall
matter
,
as
a
corollarie
deduced
thereof
,
though
the
reason
and
preamble
of
it
,
which
is
,
Least
the
wolfe
destroie
the
flock
,
doo
retch
vnto
all
flockes
:
yet
in
the
bodie
of
it
no
mention
is
made
of
inferiour
churches
within
any
time
after
auoidance
to
be
furnished
,
but
of
cathedrall
and
regular
churches
to
be
within
thrée
moneths
supplied
againe
,
and
therefore
will
not
serue
his
turne
(
as
he
desireth
)
to
laie
anie
blame
vpon
Bishops
,
nor
vpon
anie
other
in
this
realme
;
except
in
the
pride
of
his
heart
he
ment
to
teach
some
,
(
whom
in
all
humilitie
and
submission
he
ought
rather
to
reuerence
&
obeie
)
what
speed
is
to
be
vsed
in
furnishing
cathedrall
churches
being
void
.
The
Decretall
Quoniam
Ext.
de
iure
patronatus
,
[
](A19392-e76810-b)*
*
C.
cum
propter
.
d.
C.
cum
dec●t
.
d.
which
authoriseth
the
Bishop
to
collate
,
if
the
controuersie
of
patronage
be
not
within
foure
moneths
(
where
the
patrone
is
a
laie
man
)
after
the
voidance
determined
,
dooth
giue
an
euident
example
of
that
which
I
said
in
the
beginning
,
that
canons
neither
repugnant
to
the
lawes
,
nor
hurtfull
to
the
prerogatiue
royall
,
yet
being
disused
before
the
making
of
the
Act
25.
H.
8.
Cap.
19.
and
therefore
repugnant
to
the
customes
of
this
realme
,
are
not
by
the
said
Act
established
to
remaine
in
force
.
For
else
,
whie
should
both
patrones
of
the
Clergie
and
of
the
Laitie
of
this
realme
,
contrarie
to
this
canon
,
haue
sixe
moneths
to
present
in
,
before
lapse
can
accrew
?
All
these
words
,
Able
to
go
in
and
out
before
the
people
,
to
guide
them
,
to
teach
and
to
instruct
them
,
are
the
words
of
the
author
,
and
not
of
the
Decretall
,
cunninglie
by
him
wouen
with
the
other
by
waie
of
paraphrase
:
which
I
doo
therefore
obserue
,
least
the
reader
should
doo
the
author
that
wrong
,
as
either
to
thinke
the
places
he
bringeth
to
be
thus
pregnant
for
his
purpose
,
or
that
the
canon
law
had
that
elegant
he
braisme
of
Going
in
and
out
before
the
people
.
And
here
,
vpon
occasion
of
this
déepe
point
of
law
deciphered
,
that
Benefices
are
not
to
be
left
destitute
aboue
sixe
moneths
,
the
author
leapeth
into
a
fierce
Philippike
against
Bishops
,
for
Suffering
manie
thousand
flocks
to
want
sheepheards
by
the
space
of
almost
xxvj
.
yeares
,
snatching
vp
by
the
waie
,
that
they
who
were
Bishops
in
the
time
of
darkenesse
,
did
more
carefullie
prouide
for
such
as
they
imagined
to
be
Séers
,
than
at
this
time
is
doone
by
our
Bishops
.
What
sufficiencie
was
in
priests
,
in
time
of
darkenesse
and
poperie
,
the
thing
it selfe
speaketh
,
and
the
world
can
iudge
.
But
this
man
(
as
it
séemeth
)
careth
not
whome
he
ouerloades
with
commendations
,
so
he
may
debase
those
whome
he
would
wreake
his
téene
of
.
And
to
this
end
is
that
his
speach
,
where
hauing
said
that
The
pretended
gouernement
and
authoritie
exercised
ouer
the
Lords
people
in
the
time
of
darkenesse
,
was
by
vsurpation
,
he
dooth
afterward
insinuate
,
that
There
are
some
now
which
challenge
the
same
authoritie
;
A
slanderous
implication
of
the
author
.
whereas
it
is
well
and
notoriouslie
knowne
,
no
authoritie
,
either
ecclesiasticall
or
ciuill
,
to
be
exercised
in
this
realme
,
vnder
anie
but
God
&
hir
Maiestie
,
&
according
to
hir
Highnesse
lawes
:
which
if
this
man
account
Vsurpation
,
he
must
withall
account
all
that
which
either
he
,
or
any
in
this
realme
enioieth
by
the
lawes
thereof
,
to
be
in
like
maner
vsurped
;
and
all
good
men
must
account
him
in
so
saieng
,
no
well
aduised
nor
dutifull
subiect
.
But
bicause
he
saw
that
his
gréeuous
complaints
against
Bishops
,
For
suffering
so
manie
thousand
flocks
,
xxvj
.
yeares
almost
to
want
sheepheards
,
would
séeme
vntrue
euen
to
children
;
séeing
that
Bishops
and
Archbishops
doo
seldome
suffer
anie
benefices
,
which
they
know
deuolued
to
their
collation
by
lapse
of
time
,
to
remaine
void
;
and
in
case
anie
doo
escape
them
,
yet
after
the
space
of
a
yeare
be
runne
,
or
sooner
,
(
where
the
Sées
be
void
)
they
are
deuolued
to
hir
Maiesties
gift
,
whence
they
doo
not
reuert
,
till
they
be
once
by
hir
Highnesse
bestowed
.
Therefore
to
salue
vp
this
sore
,
or
rather
to
couer
it
with
a
few
figge
leaues
,
Suaue
nobis
excogitauit
commentum
.
Forsooth
he
saith
,
that
The
flocks
doo
so
long
want
a
sheepheard
,
as
they
want
one
able
to
gouerne
them
,
to
exhort
and
admonish
them
,
to
rebuke
and
to
comfort
them
.
But
how
dooth
it
lie
in
the
Bishops
to
haue
all
ministers
cast
in
this
mould
?
Peraduenture
he
will
saie
,
they
should
not
haue
instituted
anie
but
such
.
Yet
he
is
not
ignorant
,
how
great
so
euer
the
endeuour
of
the
Bishop
be
to
this
effect
,
to
hinder
such
a
clerke
presented
as
cannot
hold
this
touch
,
nor
beare
this
finenesse
of
24.
caracts
or
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
;
yet
if
he
can
hold
weight
in
the
beames
of
law
,
he
and
other
patrones
will
(
maugre
the
Bishop
)
haue
him
placed
vpon
a
writ
at
the
common
law
.
If
he
replie
that
the
Bishop
should
not
then
haue
made
him
minister
;
I
reioine
,
that
peraduenture
he
was
not
of
his
making
:
it
may
be
also
he
was
fit
for
the
cure
he
was
first
appointed
vnto
,
though
not
so
fit
for
some
other
populous
congregation
,
or
troublesome
people
:
and
lastlie
,
that
if
none
should
be
assumed
to
the
ministerie
,
but
with
those
especiall
endowments
:
surelie
all
the
learned
of
all
professions
in
England
,
if
they
were
in
the
ministerie
,
would
scarse
be
able
thus
to
supplie
one
tenth
part
of
the
parishes
.
So
that
we
are
come
by
this
meanes
to
the
second
issue
by
me
tendered
[
](A19392-e76960-b)*
*
In
pag.
3.
at
the
beginning
of
this
discourse
:
Whether
it
be
expedient
,
that
parishes
should
wholie
be
destitute
of
publike
assemblies
for
praiers
and
administration
of
sacraments
,
rather
than
to
haue
a
minister
not
correspondent
to
this
patterne
?
But
that
which
he
bringeth
for
the
proofe
of
his
paradox
His
allegation
retorted
against
himselfe
.
out
of
the
law
which
he
quoteth
,
maketh
directlie
against
himselfe
:
for
as
he
in
law
,
for
safegard
of
his
bond
,
may
truelie
be
said
to
haue
built
a
house
,
which
hath
brought
it
to
that
passe
that
it
may
be
inhabited
,
though
he
haue
not
perfected
it
:
so
well
inough
may
he
be
a
minister
,
that
in
some
reasonable
measure
is
endowed
with
gifts
for
that
calling
,
though
he
be
not
of
the
perfectest
sort
.
As
for
the
other
two
rules
of
law
,
which
he
bringeth
,
without
quotations
as
maisterlesse
hounds
;
I
doo
maruell
he
will
deale
so
ridiculouslie
,
and
plaie
so
childishlie
with
these
generalities
,
for
proofe
of
this
cause
so
seriouslie
by
him
auouched
.
It
might
be
answered
,
and
truelie
,
that
it
is
Fallax
à
petitione
principij
,
to
take
as
granted
,
that
a
minister
made
,
though
farre
vnder
that
sublimitie
of
perfection
which
he
fansieth
,
[
is
not
rightlie
and
dulie
]
called
.
But
in
truth
that
rule
which
saith
,
It
is
all
alike
,
that
a
thing
be
not
done
at
all
,
or
not
to
be
done
as
it
ought
,
is
especiallie
to
be
vnderstood
where
a
man
is
exactlie
tied
to
performe
some
thing
in
this
or
that
sort
,
wherein
the
bond
in
rigor
of
law
is
not
satisfied
,
except
the
precise
forme
and
maner
of
the
couenant
be
obserued
.
But
as
the
physicians
doo
teach
vs
,
that
a
man
may
be
trulie
said
to
be
in
health
,
though
he
haue
not
that
most
exact
temperature
of
qualities
,
in
which
nothing
is
superfluous
nor
wanting
,
bicause
he
is
In
latitudine
sanitatis
:
euen
so
,
bicause
the
sufficiencie
required
in
a
minister
,
consisteth
not
in
a
point
of
perfection
,
where
no
degrée
of
more
or
lesse
is
admitted
,
but
hath
his
latitude
(
if
I
may
so
terme
it
)
a
man
may
well
inough
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
deserue
the
name
of
a
sufficient
minister
,
which
dooth
not
attaine
to
the
highest
degrée
of
comparison
.
So
there
is
a
rule
,
that
it
is
in
effect
all
one
,
not
to
be
,
and
not
to
appeare
to
be
.
Which
though
in
a
iudge
,
who
must
followe
Allegata
&
probata
,
it
haue
his
place
;
yet
to
other
intents
it
cannot
be
said
that
a
thing
is
not
at
all
,
bicause
it
appeareth
not
.
As
to
the
other
rule
which
he
bringeth
,
that
[
he
is
not
said
to
paie
which
paieth
lesse
than
he
ought
]
euerie
child
knoweth
,
that
though
it
be
no
full
satisfaction
;
yet
if
the
creditor
doo
demand
the
whole
summe
,
hauing
receiued
part
,
Dabitur
aduersus
eum
exceptio
de
dolo
.
And
here
in
England
,
if
the
obligor
accept
of
part
of
his
monie
,
it
is
a
barre
against
him
that
he
cannot
sue
the
forfeiture
.
And
therefore
,
as
it
may
trulie
be
said
,
that
a
man
paieth
monie
,
though
he
paie
not
all
that
he
ought
;
so
may
one
well
inough
be
said
to
be
a
minister
,
though
he
be
not
so
exquisitelie
qualified
as
might
be
deuised
.
6.
Section
.
Pag.
11
,
12.
THis
§
.
Pro
defectu
scientiae
,
quoted
False
quotation
with
corruption
.
in
the
margent
Ext.
de
Praebendis
C.
venerabilis
,
and
brought
by
the
author
to
prooue
that
He
which
hath
vnworthilie
taken
vpon
him
the
gouernement
of
anie
church
,
may
foorth
with
forgo
and
renounce
the
same
:
if
it
had
béene
honestlie
handled
,
and
had
made
so
fullie
to
his
purpose
,
as
he
would
séeme
,
he
would
not
haue
set
vs
a
worke
thus
vpon
a
paire
of
tarriers
to
séeke
it
where
it
was
not
;
or
else
he
would
haue
noted
it
amongst
other
as
a
fault
escaped
in
printing
.
But
the
saieng
,
though
fondlie
depraued
by
him
,
is
found
C.
nisi
cùm
pridem
Ext.
de
renuntiatione
;
and
no
tidings
are
of
it
in
the
place
whither
he
sendeth
vs
.
The
text
it selfe
hath
For
the
most
part
a
man
may
desire
to
giue
place
for
want
of
knowledge
,
which
in
his
allegation
is
altogither
omitted
,
as
though
it
were
generall
.
The
text
hath
Praesul
salubriter
ei
renuntiat
,
The
Bishop
or
prelat
dooth
not
amisse
to
renounce
the
church
to
him
committed
,
which
he
must
gouerne
in
both
,
that
is
in
spirituall
and
temporall
things
.
The
Abstractor
in
stéed
hereof
hath
:
Let
it
be
lawfull
for
him
that
hath
charge
to
gouerne
the
church
in
these
things
to
renounce
,
&c.
omitting
wholie
the
word
Praesul
,
bicause
he
would
haue
retched
it
out
to
haue
serued
to
euerie
inferiour
minister
:
being
neuerthelesse
sufficientlie
bewraied
by
those
words
,
About
the
charge
of
temporall
things
,
in
which
also
as
in
spirituall
things
,
he
which
is
here
spoken
of
,
is
to
gouerne
the
church
;
wheras
in
inferiour
benefices
there
are
no
temporalties
to
be
gouerned
in
right
of
such
churches
.
But
the
insufficiencie
of
knowledge
which
here
is
vnderstood
,
and
the
authors
plaine
dealing
herein
,
is
set
out
sufficientlie
in
the
verie
next
word
following
:
Neuerthelesse
,
although
notable
or
eminent
knowledge
is
to
be
wished
for
in
a
pastor
,
yet
competent
knowledge
in
him
is
also
to
be
borne
with
;
bicause
(
according
to
the
apostle
)
Knowledge
puffeth
vp
,
but
charitie
dooth
edifie
:
and
therefore
the
perfection
of
charitie
may
supplie
that
which
is
vnperfect
in
knowledge
.
[
](A19392-e77200-b)*
*
C.
post
translationem
d.
Whereby
appeareth
,
that
euerie
insufficiencie
of
knowledge
,
yea
in
a
Bishop
,
much
lesse
in
a
minister
,
is
no
sufficient
ground
for
him
to
desire
to
giue
place
and
to
resigne
:
but
such
ignorance
and
want
of
discretion
,
as
maketh
him
vtterlie
vnfit
to
wéeld
the
spirituall
and
temporall
matters
of
his
church
.
And
where
the
text
saieth
,
He
may
desire
to
giue
place
,
it
ouerthroweth
the
purpose
for
which
it
is
by
the
Abstractor
alledged
;
as
though
a
man
might
of
himselfe
foorthwith
forgo
and
renounce
his
charge
,
whereas
[
](A19392-e77220-b)*
*
C.
d.
in
fine
.
C.
dilecti
.
d.
C.
quidam
tendendi
d.
C.
admonet
.
d.
C.
literas
.
d.
C.
cùm
venerabilis
Ext.
de
consuetudine
.
indéed
he
is
to
desire
it
at
his
superiours
hands
;
or
else
he
cannot
resigne
nor
be
deuested
of
his
function
.
And
therefore
the
Maior
of
his
second
syllogisme
of
this
section
,
pag.
12.
is
not
simplie
true
,
as
by
these
laws
here
quoted
more
fullie
may
appeare
.
7.
Section
.
Pag.
12
,
13
,
14.
IT
is
not
denied
but
that
the
debilities
and
infirmities
of
age
may
be
such
,
as
it
should
be
requisite
the
superiour
to
giue
such
a
one
vpon
his
request
leaue
(
looking
sufficientlie
into
the
cause
)
to
giue
place
vnto
another
more
able
to
execute
that
function
:
and
in
case
he
doo
not
desire
the
relinquishment
of
it
,
then
[
](A19392-e77260-b)*
*
Ext.
de
clerico
aegrotante
,
per
totum
c.
quia
frater
.
7.
9.
1.
the
law
in
such
cases
prouideth
,
that
a
coadiutor
with
some
competent
portion
out
of
the
liuing
be
assigned
vnto
him
,
and
not
that
he
should
violentlie
be
thrust
out
from
a
right
[
](A19392-e77270-b)*
*
Reg.
sine
culpa
.
de
regulis
iuris
Pontificij
.
once
growne
vnto
him
,
without
his
owne
fault
,
contrarie
to
all
reason
,
example
,
and
humanitie
.
It
were
too
lamentable
that
men
,
which
either
as
magistrates
or
councellors
in
the
common-wealth
,
or
as
faithfull
stewards
in
the
Lords
house
,
haue
by
due
desert
atteined
dignities
and
offices
during
their
life
,
by
reason
of
Gods
visitation
by
sicknesse
,
or
for
his
blessing
of
manie
yeares
and
old
age
,
which
of
it selfe
(
as
physicians
saie
)
is
Quidam
morbus
,
should
as
old
hounds
be
vtterlie
shaken
off
to
the
wide
world
.
And
where
the
Bishop
mentioned
in
this
canon
did
desire
of
the
pope
,
in
regard
of
his
age
and
infirmitie
,
that
by
his
aduise
he
might
place
another
in
his
stéed
:
our
author
plainelie
falsifieng
the
text
,
translateth
Cum
nostro
consulto
,
Falsification
of
the
law
.
Without
aduise
;
to
the
intent
he
might
iustifie
,
that
without
licence
of
his
superior
,
a
Bishop
or
minister
may
renounce
their
function
.
Yet
euerie
debilitie
of
bodie
arising
of
infirmitie
,
or
of
old
age
,
is
not
a
sufficient
cause
whie
a
man
either
should
desire
or
haue
libertie
granted
to
resigne
.
And
[
](A19392-e77330-b)*
*
C.
nisi
cum
pridem
§.
alia
verò
causa
Ext.
de
renunc
.
therefore
the
decretall
epistle
to
the
Bishop
of
Arles
saith
:
There
is
another
cause
,
for
the
which
a
man
may
desire
to
be
released
from
the
burthen
of
a
Bishops
charge
,
which
is
weakenes
of
bodie
,
arising
either
of
sicknesse
or
of
old
age
:
and
yet
euerie
debilitie
is
not
such
,
but
that
onelie
,
whereby
a
man
is
made
vnable
to
execute
his
pastorall
dutie
:
for
if
,
vpon
euerie
weakenes
of
bodie
,
the
office
of
seruice
once
taken
in
hand
might
be
forsaken
,
in
vaine
had
the
apostle
confessed
,
that
he
did
euen
glorie
in
some
his
infirmities
.
Seeing
that
the
weakenes
of
age
ought
sometime
no
more
to
wey
with
a
man
,
to
make
him
resigne
,
than
that
ripenes
of
behauiour
(
which
often
accompanieth
old
men
)
ought
to
persuade
with
him
,
to
continue
in
his
owne
function
.
For
of
such
(
saith
the
apostle
)
When
I
am
in
weakenes
,
then
am
I
stronger
:
for
sometimes
the
weakenes
of
the
bodie
dooth
increase
the
valoure
of
the
mind
.
But
now
againe
,
he
leaueth
the
matter
of
resignation
:
and
for
proofe
of
his
principall
issue
he
bringeth
two
allegations
;
one
out
of
the
common
Extrauagants
,
and
the
other
out
of
the
Clementines
:
which
doo
séeme
to
me
to
be
brought
in
but
to
make
a
number
,
and
culled
out
without
choise
,
there
being
much
more
pregnant
places
to
that
purpose
,
which
in
his
cursorie
and
desultorie
perusall
of
these
bookes
did
escape
his
hands
.
For
these
doo
onelie
require
,
that
vnfit
persons
in
knowledge
,
maners
,
or
age
,
be
not
preferred
to
ecclesiasticall
liuings
:
whereof
I
would
gladlie
learne
how
it
could
follow
,
that
therefore
whosoeuer
is
not
able
to
preach
,
and
is
not
endowed
with
all
those
gifts
which
are
in
this
discourse
required
,
is
for
want
of
knowledge
vnfit
:
which
is
his
generall
scope
where
at
he
leuelleth
.
Which
knowledge
and
skill
to
be
able
to
profit
the
churches
where
they
serue
,
that
it
is
no
such
exact
cunning
as
he
dooth
beare
vs
in
hand
,
hath
partlie
appeared
afore
,
and
better
shall
appeare
afterward
.
And
trulie
his
choise
was
verie
slender
,
when
he
chose
the
preamble
of
that
canon
,
wherein
the
pope
pretendeth
,
bicause
he
would
be
sure
to
haue
such
chosen
,
as
should
both
gouerne
and
profit
the
church
;
that
therefore
he
taketh
the
prouision
and
bestowing
of
all
ecclesiasticall
liuings
into
his
owne
hands
,
which
should
happen
to
fall
void
in
the
court
of
Rome
,
or
within
two
daies
iorneie
of
the
same
.
The
Constitution
of
Otho
.
alledged
,
telleth
what
kind
of
maister
is
indéed
required
;
yet
without
mention
of
anie
preaching
,
nor
yet
in
that
strict
maner
,
but
that
occasions
may
happen
,
that
a
man
more
meanelie
qualified
,
may
be
tolerated
in
the
ministerie
.
In
which
respect
,
the
[
](A19392-e77390-b)*
*
Gl.
in
constit
.
Otho
.
Sacer
ordo
.
verbo
:
illiteratos
.
glosse
saith
;
If
the
preests
should
be
poore
,
either
by
their
parentage
,
or
through
the
barrennes
or
wasting
of
the
countrie
,
so
that
they
could
not
applie
their
studie
,
but
should
be
driuen
otherwise
to
get
their
liuing
by
handie
labour
,
it
is
to
be
thought
,
that
then
they
ought
with
fauour
to
be
tolerated
;
yet
so
,
that
they
be
something
more
skilfull
than
lay
men
,
especiallie
about
the
sacrament
of
the
altar
,
whereabout
they
are
dailie
occupied
.
Which
is
the
verie
case
of
this
our
church
in
manie
places
;
the
more
is
the
pitie
.
His
next
allegation
out
of
the
same
place
,
he
hath
both
mangled
Falsification
.
and
falsified
.
For
where
the
Constitution
inueiheth
against
those
that
haue
the
liuing
and
roome
of
priests
being
not
in
orders
,
but
more
like
souldiers
than
priests
,
As
hauing
no
care
of
holie
life
or
learning
;
this
he
maketh
generall
vnto
manie
besides
.
And
where
the
text
hath
Simplex
sacerdos
,
that
is
,
saith
the
[
](A19392-e77440-b)*
*
Gl.
ibidem
verbo
simplex
sacerdos
.
glosse
,
not
intituled
to
the
church
,
but
a
stipendarie
curate
:
he
adding
to
the
text
,
translateth
it
,
A
sillie
ignorant
priest
.
8.
Section
.
Pag.
14
,
15.
THis
Constitution
of
Otho
.
amongst
other
things
forbidding
vnlearned
men
to
be
ordered
ministers
,
dooth
not
prooue
euerie
one
to
be
vnlearned
that
is
not
fit
to
preach
and
expound
scriptures
,
which
is
a
point
of
more
competent
skill
than
an
abilitie
(
as
occasion
is
offered
)
to
exhort
to
good
life
,
to
dehort
from
vice
,
or
to
comfort
in
aduersitie
;
though
the
same
cannot
to
anie
purpose
be
done
without
some
skill
and
practise
in
the
scriptures
.
And
therfore
the
author
hauing
so
slenderlie
prooued
that
which
is
his
intention
,
had
the
lesse
cause
herevpon
thus
to
set
vp
his
fethers
,
and
vntrulie
and
gibinglie
to
saie
,
that
the
canons
published
1571.
and
the
aduertisements
doo
yéeld
testimonie
,
that
the
Bishops
A
slaunderous
vntruth
.
doo
proceed
first
,
and
inquire
afterwards
,
that
they
first
giue
the
minister
a
charge
,
appointing
him
to
teach
,
and
afterwards
send
him
to
the
Archdeacons
or
his
Officials
court
to
learne
:
whereas
the
said
canon
(
agréed
vpon
,
but
not
yet
(
that
I
can
learne
)
confirmed
by
authoritie
)
and
the
aduertisements
alledged
,
doo
onelie
charge
the
Archdeacons
and
their
Substitutes
to
take
an
accompt
in
their
visitations
of
the
meaner
sort
of
the
clergie
,
of
certeine
chapters
of
the
new
testament
without
booke
;
to
the
intent
it
may
appeare
,
both
how
they
profit
in
scripture
,
and
that
thereby
they
may
be
the
more
perfect
in
the
text
.
Which
thing
if
it
should
be
also
performed
voluntarilie
,
as
a
priuate
exercise
,
by
the
best
and
most
learned
ministers
that
we
haue
;
I
thinke
it
might
greatlie
profit
them
:
and
no
modest
man
would
interpret
it
so
,
that
they
did
but
then
begin
to
learne
the
scriptures
,
as
héere
is
odious●●e
insinuated
.
It
is
reported
of
B.
Latymer
of
reuerend
memorie
,
being
accused
by
his
persecutors
neuer
to
haue
exercised
himselfe
in
scripture
,
bicause
they
saw
some
debilities
of
old
age
appeare
in
him
,
that
he
should
answer
,
that
the
baie
trees
in
Clare
hall
in
Cambridge
were
able
(
if
they
could
speake
)
to
witnesse
with
him
,
that
he
conned
without
booke
vnder
them
,
all
the
epistles
of
S.
Paule
.
The
words
of
Barthol
.
are
not
as
our
author
hath
alledged
them
,
but
thus
;
Qualitas
adiecta
verbo
intelligitur
secundum
tempus
verbi
:
and
they
are
brought
in
by
him
onelie
in
waie
of
obiection
against
the
text
,
which
is
contrarie
to
this
Corrupt
dealing
of
the
author
.
rule
,
as
his
solution
of
the
said
obiection
dooth
plainelie
shew
.
For
he
saith
;
It
is
a
[
](A19392-e77620-b)*
*
Bartol.
in
l.
si
quis
posthumos
§.
filium
ff.
de
liberis
&
posth
.
sufficient
verification
of
these
words
[
he
dieth
intestat
]
though
a
man
haue
made
a
will
the
daie
of
his
death
,
if
vpon
anie
occasion
afterward
falling
out
(
as
by
the
birth
of
a
child
vnto
him
after
his
buriall
)
the
said
will
and
testament
be
reuersed
.
So
that
we
sée
it
is
not
generall
,
that
The
qualitie
adioined
to
anie
verbe
,
must
be
construed
according
to
the
tense
of
the
same
verbe
.
The
law
which
he
quoteth
ff.
de
ferijs
,
hath
no
one
word
giuing
anie
colour
,
or
sounding
anie
thing
that
waie
.
The
other
[
](A19392-e77660-b)*
*
L.
43.
de
aetate
ibidem
.
quoted
ff.
de
minoribus
,
is
by
him
wholie
altered
from
that
which
the
law
it selfe
setteth
downe
:
Proofe
must
be
made
(
saith
the
law
)
of
the
age
of
him
,
which
alledgeth
he
is
aboue
xxv
.
yeares
old
,
by
examination
of
the
cause
:
bicause
such
proofe
will
preiudice
and
worke
against
the
reuersall
of
acts
of
the
said
yoong
man
as
executed
in
his
nonage
.
Which
being
wholie
otherwise
alledged
by
our
author
,
it
maketh
me
(
ioining
his
like
practises
in
other
places
of
this
booke
togither
)
to
déeme
that
he
hath
not
collected
his
allegations
,
or
examined
them
himselfe
according
to
the
law
;
but
hath
taken
the
collections
and
rapsodies
of
some
other
man
by
retaile
,
which
maketh
him
bewraie
so
often
his
long
eares
out
of
the
lions
skin
:
whereof
he
giueth
euen
in
this
section
a
larger
taste
,
where
he
alledgeth
,
ff.
si
à
non
competenti
,
there
being
no
such
title
in
the
Digests
,
but
in
the
Code
,
and
L.
maritus
ff.
de
procuratoribus
,
where
no
such
law
is
to
be
found
.
But
although
no
man
will
denie
,
but
qualities
requisite
must
then
be
found
to
be
in
a
person
when
he
is
to
be
emploied
,
yet
this
hindereth
not
,
but
that
in
an
office
which
is
not
tied
to
one
circumstance
of
time
,
but
hath
a
continuance
,
all
honest
meanes
for
the
better
and
better
furnishing
of
him
with
such
qualities
in
that
charge
,
are
and
may
be
from
time
to
time
vsed
,
without
any
impeachment
to
his
credit
,
as
though
he
had
béene
at
his
first
entrance
into
it
,
not
a
sufficient
man
for
that
function
.
But
that
which
is
here
said
concerning
the
nullitie
of
that
which
is
done
beyond
the
bounds
of
a
compromisse
or
commission
,
is
no
waie
appliable
to
a
trust
committed
for
adiudgeing
the
qualities
of
the
mind
considerable
onelie
by
his
discretion
,
and
therefore
cannot
prooue
if
one
be
made
minister
by
a
Bishop
,
not
so
fullie
qualified
,
as
the
law
in
all
points
requireth
,
that
thereby
the
whole
actions
are
void
and
frustrate
.
Shall
we
saie
that
an
Ambassador
hauing
instruction
to
imploie
a
discréet
,
faithfull
,
and
secret
man
about
some
seruice
,
shall
be
guiltie
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
if
the
partie
imploied
séeming
to
him
thus
qualified
,
shall
be
after
found
to
faile
in
all
or
some
of
these
,
and
be
insufficient
?
And
a
Sheriffe
being
to
returne
by
his
writ
a
iurie
De
probis
&
legalibus
hominibus
,
if
after
the
verdict
giuen
vp
,
it
shall
be
prooued
,
that
they
or
some
of
them
were
not
such
at
the
time
of
the
returne
,
shall
we
therefore
quash
and
reuerse
Vide
respons.
sect.
39.
all
,
and
saie
there
was
no
returne
,
no
impanell
,
no
triall
,
no
verdict
nor
iudgement
?
And
yet
the
Bishop
hath
no
authoritie
to
ordeine
ministers
by
commission
,
but
by
operation
of
law
.
And
if
this
which
he
saith
be
true
,
Where
by
disposition
of
law
,
a
certeine
forme
and
prescript
order
is
limitted
,
that
there
if
anie
inuersion
or
preposteration
be
vsed
,
all
is
cleane
marred
,
and
therefore
the
whole
actions
are
void
and
frustrate
:
What
are
we
then
to
iudge
of
those
,
who
are
here
in
England
baptized
without
the
signe
of
the
crosse
,
those
which
are
married
without
the
ring
,
and
those
who
are
punished
for
not
comming
to
diuine
seruice
,
there
where
the
forme
of
our
Liturgie
by
law
established
,
is
not
exactlie
obserued
?
Which
I
set
downe
,
neither
to
impeach
that
baptisme
or
marriage
(
howsoeuer
to
the
intent
of
inheriting
by
the
common
law
a
doubt
of
such
mariages
hath
béene
made
)
nor
yet
to
excuse
any
wilfull
recusants
,
whome
it
is
well
knowne
in
any
such
regard
not
to
absent
themselues
from
praiers
,
but
to
set
downe
the
rash
generalities
and
paradoxes
,
which
the
Abstractor
so
confidentlie
rusheth
into
,
euen
with
the
ouerthrowe
of
those
,
in
whose
fauour
this
treatise
is
made
.
Notwithstanding
manie
of
his
clients
,
though
they
aduenture
to
preach
,
are
as
void
of
good
learning
(
as
I
could
in
particularitie
shew
)
as
the
most
of
these
Dumbe
,
silent
,
and
idoll
ministers
,
which
he
so
déeplie
lanceth
.
Yet
neuertheles
,
that
is
not
generallie
true
which
he
here
auoucheth
,
that
an
inuersion
or
preposteration
vsed
dooth
make
alwaies
the
act
void
.
For
to
this
effect
it
is
required
,
that
it
be
committed
in
some
[
](A19392-e77790-b)*
*
Bald.
in
L.
ambiguitates
C.
de
testamentis
&
Castr
.
consil.
39.
alias
.
43.
visis
Actis
.
matter
of
substance
,
&
also
that
it
be
the
inuersion
of
some
substantiall
order
set
downe
by
man
.
For
if
it
be
the
preposteration
of
an
order
set
downe
by
[
](A19392-e77800-b)*
*
Bald.
in
L.
1.
C.
de
appellat
.
3.
nota
.
law
,
it
is
to
be
appealed
from
,
and
therefore
produceth
not
a
direct
nullitie
Ipsoiure
.
9.
Section
.
Pag.
15
,
16.
THis
which
the
Abstractor
here
bringeth
out
of
the
Code
,
that
merit
,
not
monie
in
making
of
a
minister
is
to
be
regarded
,
as
it
is
too
generall
to
prooue
by
the
word
of
merit
,
such
a
worthinesse
as
he
inforceth
,
so
being
(
as
appeareth
by
the
whole
constitution
)
spoken
of
a
Bishop
onelie
,
and
not
of
euerie
minister
,
as
he
indefinitelie
dooth
translate
it
,
though
otherwise
it
may
be
as
trulie
said
of
the
one
as
of
the
other
,
it
is
not
so
direct
for
the
purpose
which
it
is
brought
for
.
The
first
member
of
that
which
he
alledgeth
out
of
the
Authentikes
,
but
not
the
second
,
doo
I
find
either
in
Haloander
his
edition
,
or
in
the
Greeke
or
Latine
edition
of
Contius
.
And
whereas
the
constitution
is
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
vnlesse
Constit
.
133.
they
know
letters
,
that
is
,
can
read
,
he
hath
helped
the
matter
a
little
by
interpreting
it
Aliquanto
pinguiùs
,
vnlesse
they
be
learned
,
which
neuerthelesse
might
be
granted
vnto
him
,
and
yet
no
such
learning
necessarilie
imploied
as
he
séeketh
to
establish
hereby
.
But
the
word
Clerici
clerkes
,
Wresting
of
law
.
and
not
Presbyteri
priests
here
vsed
,
whereby
not
onelie
in
this
constitution
,
but
in
all
other
the
nouell
constitutions
,
any
,
whether
he
be
Ostiarius
,
Lector
,
Cantor
,
Subdiaconus
,
Diaconus
,
or
Diaconissa
,
is
signified
,
dooth
put
the
matter
wholie
out
of
doubt
,
that
neither
ministers
are
here
especiallie
prouided
for
,
nor
such
exquisitnes
of
learning
as
he
would
gather
,
can
be
any
waie
intended
in
them
to
be
hereby
exacted
.
Vnlesse
he
will
also
saie
,
that
the
100.
deacons
,
Constitutio
.
3.
§.
&
sane
.
the
40.
deaconesses
women
,
the
90.
subdeacons
,
the
110.
readers
,
the
25.
singers
,
and
the
100.
doorekéepers
or
sextens
,
being
the
limited
number
of
clerkes
,
and
so
called
by
Iustinian
for
the
great
church
in
Constantinople
,
to
haue
all
béene
of
that
learning
,
which
he
maketh
to
be
the
onelie
touch
of
his
minister
.
And
if
I
were
persuaded
,
as
in
this
place
he
is
,
that
by
the
word
Constitutions
mentioned
in
the
Act
25.
H.
8.
Cap.
29.
the
constitutions
imperiall
were
ment
,
I
could
bring
manie
such
,
neither
repugnant
to
our
lawes
,
nor
to
the
hurt
of
the
prerogatiue
royall
,
which
I
beléeue
he
himselfe
will
not
saie
to
haue
the
force
of
law
amongest
vs
,
and
therefore
must
hereby
be
driuen
to
yéeld
that
he
made
a
defectiue
Minor
in
his
first
fundamentall
syllogisme
.
And
thus
hitherto
,
neither
the
canon
,
prouinciall
,
ciuill
,
nor
statute
law
hath
giuen
any
direct
condemnation
against
such
ministers
as
are
not
sufficientlie
able
to
preach
and
expound
the
scriptures
,
hauing
otherwise
competent
gifts
of
learning
in
some
measure
.
Neither
are
such
of
them
(
though
they
be
no
preachers
)
to
be
accounted
Dumbe
and
silent
,
who
in
their
churches
doo
exhort
,
dehort
,
rebuke
,
comfort
,
and
also
in
some
degrée
instruct
their
parishioners
,
as
their
abilitie
serueth
,
and
occasion
is
offered
.
Which
I
know
they
may
as
profitablie
doo
,
as
some
,
who
of
as
meane
gifts
,
but
of
more
audacitie
than
they
,
dare
take
vpon
them
to
expound
and
diuide
the
scripture
,
by
preaching
vpon
some
text
,
vnto
which
they
in
their
whole
discourse
doo
come
iust
as
néere
as
Germans
lips
are
said
to
come
togither
.
But
whie
should
he
vpbraid
them
with
the
name
of
Stipendaries
,
séeing
neither
they
alone
,
neither
all
they
be
such
?
and
it
is
a
part
of
the
new
platforme
and
church
modell
,
to
haue
all
ministers
put
to
a
certeine
standing
pension
of
monie
,
which
may
more
aptlie
be
called
a
stipend
,
bicause
if
they
displease
the
paiemaisters
,
they
shall
perhaps
be
driuen
to
séeke
it
Tanquàm
stipem
ostiatim
,
and
so
it
shall
rightlie
beare
the
name
of
a
stipend
.
10.
Section
.
Pag.
16
,
17
,
18.
BIcause
the
Abstractor
here
maketh
himselfe
angrie
,
and
is
in
a
pelting
chafe
with
those
that
dare
presume
to
answer
any
thing
to
his
former
proofes
,
and
that
will
tell
him
that
the
knowledge
there
spoken
of
may
be
verified
to
be
in
manie
,
which
yet
are
not
fit
to
preach
,
whom
he
for
such
answers
calleth
Peruerse
,
conceited
,
selfe-weening
men
,
soothing
themselues
,
and
fostering
their
dotages
and
fond
affectious
errours
with
certeine
rules
of
law
,
whereof
they
are
ignorant
,
as
he
taketh
vpon
him
here
to
prooue
:
it
shall
not
be
amisse
to
set
downe
their
answers
by
him
rather
pointed
at
,
than
truelie
produced
,
as
they
lie
in
the
law
,
that
they
being
conferred
with
his
replie
,
the
truth
may
better
appeare
.
The
ciuill
law
saith
,
The
performance
of
that
which
the
L.
18.
si
quid
venditor
.
ff.
de
aedilitio
●dic
.
vers
.
haec
omnia
.
seller
shall
speake
in
commendation
of
the
thing
sold
,
is
not
rigorouslie
to
be
exacted
of
him
,
but
to
be
taken
with
a
reasonable
construction
.
As
if
he
affirme
the
seruant
he
selleth
to
be
a
staied
man
,
we
are
not
thereby
to
require
such
a
setled
g●auitie
and
constancie
as
is
in
a
philosopher
.
If
he
affirme
him
to
be
painefull
and
watchfull
,
we
may
not
herevpon
looke
for
continuall
toile
both
night
and
daie
at
his
hands
:
but
all
these
are
with
an
equitie
in
some
measure
to
be
looked
after
.
And
againe
in
the
same
place
,
He
that
in
the
sale
of
his
seruant
shall
without
further
addition
affirme
him
to
be
a
cooke
,
be
satisfieth
the
buyer
,
if
he
performe
him
to
be
measureablie
skilfull
in
that
trade
:
and
the
like
is
to
be
said
of
all
other
kind
of
arts
.
And
in
the
next
law
following
,
This
is
to
be
vnderstood
,
L.
19.
sciendum
ff.
d.
§.
illud
sciendum
.
that
if
a
man
promise
one
to
be
an
artificer
,
he
is
not
hereby
strait
bound
to
performe
that
he
is
exquisitelie
,
but
in
some
good
measure
skilfull
:
so
that
you
are
neither
herevpon
to
take
him
to
be
an
absolute
workeman
,
nor
yet
altogither
vnskilfull
;
and
therefore
it
sufficeth
he
be
such
an
one
as
those
be
,
who
commonlie
are
called
artificers
.
Where
by
the
waie
may
be
noted
that
acception
of
these
words
,
knowledge
,
cunning
,
and
learning
,
which
before
Scientia
.
Peritus
.
Non
indoctus
.
in
sundrie
places
hath
béene
spoken
of
.
That
which
is
quoted
by
the
author
,
as
an
answer
of
some
to
his
allegations
out
of
the
canon
law
,
is
to
this
effect
:
whereas
the
Chapter
of
Capua
had
chosen
an
Archbishop
,
Cuius
literatura
licèt
non
eminens
,
tamen
conueniens
extitit
:
whose
learning
though
it
was
not
aboue
his
fellowes
,
yet
was
conuenient
or
competent
as
he
readeth
it
,
that
in
this
respect
as
for
want
of
knowledge
the
election
made
of
him
was
not
to
be
reuersed
.
And
if
this
séemed
a
reasonable
decision
in
an
Archbishops
election
,
whose
high
degrée
and
place
requireth
a
greater
and
more
excellent
measure
of
learning
:
shall
we
not
admit
with
good
reason
,
according
to
the
great
inequalitie
of
places
,
and
diuersitie
of
rewards
for
learning
,
and
varietie
of
times
,
some
degrees
,
as
of
excellencie
,
competencie
,
and
mediocritie
of
gifts
and
learning
,
required
in
a
minister
?
Or
else
shall
we
,
vainelie
dreaming
of
a
Platonicall
Idaea
,
fansie
with
our selues
,
that
a
man
which
a
long
time
hath
spent
in
studie
,
his
bodie
,
and
of
his
friends
or
of
his
own
monie
in
the
Vniuersities
perhaps
as
much
as
would
haue
purchased
vnto
him
double
as
much
yeerelie
annuitie
for
his
life
,
as
the
greater
part
of
the
seuerall
benefices
in
England
be
annuallie
woorth
,
can
so
put
off
to
be
a
man
,
as
that
then
he
can
endure
to
take
as
a
reward
of
all
his
trauell
to
susteine
in
his
declining
yeeres
,
him
and
his
familie
withall
,
such
a
liuing
,
as
the
meanest
husbandman
in
most
countries
hauing
a
plough
tilt
shall
be
able
to
spend
asmuch
in
his
house
in
a
yéere
as
he
?
And
surelie
,
if
a
surueie
were
taken
of
all
parish
churches
and
parochiall
chapels
in
England
,
I
dare
auow
that
it
would
fall
out
that
there
be
double
or
treble
as
many
more
liuings
allotted
for
ministers
vnder
the
true
value
of
thirtie
pounds
by
yéere
,
Vltra
omnia
onera
&
reprisas
,
as
be
aboue
that
rate
.
And
how
those
which
be
of
better
liueload
,
are
fléeced
,
and
corruptlie
bestowed
in
manie
places
,
some
of
those
know
best
,
who
doo
seeme
most
to
vrge
a
reformation
in
other
points
:
whose
clamors
are
like
that
of
him
,
who
cried
in
the
pursute
of
himselfe
,
Stop
the
théefe
,
Stay
the
théefe
,
&c
,
as
fast
as
the
best
:
and
are
onelie
to
diuert
the
eies
of
preachers
from
looking
on
their
owne
vsuries
,
simonies
,
monopolies
,
and
oppressions
,
and
to
procure
them
to
whet
their
toongs
vpon
their
brethren
,
whome
they
sée
in
better
case
than
themselues
are
,
though
perhaps
in
their
opinions
not
so
worthie
.
But
our
author
héere
telleth
vs
(
though
something
darkelie
)
that
the
Learning
and
knowledge
of
our
ministers
which
are
not
able
to
preach
,
whom
he
verie
mildlie
and
charitablie
calleth
Bare
mumbling
ministers
,
is
so
farre
from
being
to
be
accounted
competent
or
sufficient
,
that
is
not
by
Iustice
&
equitie
of
law
to
be
reputed
meane
in
that
sense
which
the
law
taketh
it
.
Which
if
it
were
true
,
that
they
were
farre
vnder
that
measure
which
the
law
requireth
,
yet
the
illation
which
herevpon
he
inferreth
,
that
Then
they
are
guiltie
of
voluntarie
intrusion
,
and
to
be
punished
for
taking
vpon
them
offices
without
any
lawfull
calling
,
can
no
waie
follow
of
those
premisses
:
for
séeing
euerie
man
is
an
euill
and
partiall
iudge
towards
himselfe
,
then
not
they
who
offer
themselues
to
the
triall
and
examination
for
sufficiencie
of
those
whome
the
lawe
herein
authoriseth
;
but
those
who
should
sée
more
in
them
than
they
are
able
in
themselues
,
are
to
be
blamed
for
approbation
of
them
,
as
appeareth
by
the
[
](A19392-e78250-b)*
*
C.
innotuit
nobis
Ext.
de
elect
.
§.
habito
ergo
.
law
here
quoted
.
Pag.
17
But
his
first
proofe
,
which
he
here
bringeth
for
the
ouerthrow
of
meane
,
competent
,
and
sufficient
degrées
of
knowledge
in
a
minister
,
bicause
he
imparteth
not
vnto
C.
ignorantia
dist.
38.
vs
from
whence
he
borrowed
it
,
belike
he
would
haue
vs
to
take
it
vpon
his
owne
poore
credit
.
By
the
waie
this
I
obserue
,
that
the
highest
degrée
of
knowledge
,
which
the
law
termeth
Eminent
or
excellent
,
he
in
his
discourse
termeth
Sufficient
,
perhaps
to
insinuate
that
no
knowlege
is
sufficient
for
a
minister
but
that
which
is
eminent
.
Yet
this
exhortation
that
Ignorance
be
auoided
in
ministers
,
that
bicause
they
haue
An
office
of
teaching
,
the
scriptures
by
them
are
to
be
read
,
and
that
all
their
labour
consist
in
preaching
and
doctrine
:
dooth
neither
ouerthrowe
the
said
distinction
of
meane
,
competent
,
and
eminent
,
bicause
these
points
may
be
in
men
according
to
all
these
degrees
;
nor
yet
argueth
,
if
these
be
not
so
exactlie
performed
by
them
,
that
therefore
they
are
intruders
.
S.
Paule
exhorteth
a
minister
to
rebuke
,
reprooue
,
and
to
be
instant
in
season
,
and
out
of
season
:
yet
if
some
performe
these
offices
more
perfectlie
,
other
more
sparinglie
,
according
to
their
seuerall
gifts
of
mildnesse
and
knowledge
;
shall
we
saie
,
that
he
which
fulfilleth
not
those
in
the
highest
degrée
,
and
according
to
the
best
,
is
therefore
no
true
minister
?
or
rather
that
he
dooth
not
the
duetie
required
of
a
minister
so
fullie
as
he
ought
?
And
so
in
this
place
by
him
alledged
,
though
a
perfect
patterne
of
the
most
necessarie
part
of
their
function
of
labouring
wholie
in
preaching
and
doctrine
,
is
set
before
them
for
to
striue
to
be
attained
vnto
:
yet
,
neither
is
praier
,
visiting
of
the
afflicted
,
hospitalitie
,
or
administration
of
the
sacraments
hereby
inhibited
to
a
minister
:
neither
are
all
condemned
hereby
for
Intrudors
,
which
being
not
so
fullie
furnished
to
performe
that
which
in
common
speach
we
call
preaching
,
doo
teach
according
to
the
abilitie
giuen
vnto
them
of
God
,
and
publish
foorth
his
will
out
of
the
word
,
though
it
be
onelie
by
reading
.
But
in
another
respect
,
this
canon
cannot
necessarilie
inferre
such
a
skill
in
euerie
minister
,
whereby
he
may
be
a
preacher
:
bicause
as
in
the
most
of
the
old
canons
Presbyteri
are
taken
for
ministers
,
and
Clerici
for
inferiour
ecclesiasticall
persons
;
so
is
this
word
Sacerdos
taken
,
not
for
euerie
inferiour
minister
,
but
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
for
the
chéefe
minister
in
the
diocesse
,
or
Bishop
:
and
so
[
](A19392-e78400-b)*
*
Gl.
in
C.
quando
,
dist.
38.
verbo
a
sacerdote
.
the
glosse
in
the
next
chapter
following
dooth
expound
it
,
à
sacerdote
,
id
est
,
ab
episcopo
,
of
the
priest
,
that
is
,
of
the
Bishop
:
of
whom
the
law
in
sundrie
places
laieth
both
a
greater
care
in
preaching
,
and
also
a
greater
sufficiencie
therevnto
than
ordinarie
.
Also
it
may
be
trulie
said
,
that
by
Preaching
,
in
law
is
not
alwaies
meant
that
solemne
expounding
and
breaking
of
the
scriptures
,
as
we
doo
vsuallie
speake
;
but
sometimes
anie
publishing
of
the
word
of
God
,
euen
such
as
is
done
by
reading
,
may
well
be
vnderstood
.
And
therefore
the
glosse
dooth
[
](A19392-e78430-b)*
*
Gl.
in
verbo
praedicare
,
dist.
25.
C.
perlectis
§.
ad
lectorem
.
interpret
those
words
of
the
canon
:
Quae
prophetae
vaticinati
sunt
,
populis
praedicare
,
hoc
est
,
legere
:
to
preach
those
things
to
the
people
which
the
prophets
haue
prophesied
,
that
is
to
saie
,
to
read
them
openlie
to
the
people
.
But
yet
,
if
we
should
admit
this
canon
to
be
spoken
of
inferiour
ministers
,
and
of
preaching
in
the
most
vsuall
signification
,
we
might
with
more
probabilitie
thus
conclude
,
than
as
our
author
dooth
:
seeing
for
increase
of
his
knowledge
,
a
minister
is
exhorted
to
attend
to
reading
and
exhortation
of
doctrine
,
therefore
he
may
rightlie
be
called
a
minister
,
before
he
haue
atteined
to
that
perfection
of
knowledge
,
which
he
ought
to
endeuour
for
.
And
though
he
,
which
dooth
not
bestowe
his
labour
in
preaching
and
doctrine
to
the
vttermost
of
that
abilitie
which
God
hath
endowed
him
withall
,
dooth
not
as
he
ought
;
yet
as
it
followeth
not
of
any
thing
by
him
brought
,
so
may
we
not
peremptorilie
thus
saie
,
that
he
is
no
minister
at
all
,
or
pronounce
him
An
intrudor
,
or
without
anie
lawfull
calling
,
as
the
anthor
dooth
in
this
discourse
,
though
he
come
short
of
the
proofe
thereof
,
in
the
conclusions
of
his
syllogismes
:
which
are
nothing
else
but
foolish
fallacies
,
proouing
a
matter
vnknowne
or
doubted
of
,
by
a
matter
no
lesse
doubtfull
.
11.
Section
.
Pag.
18
,
19
,
20.
HE
draweth
neere
the
dregs
of
his
proofes
héere
,
when
vpon
a
bare
occasion
of
this
,
to
be
Mightie
in
word
and
deed
,
required
of
a
prior
being
next
to
the
abbat
,
not
to
any
intent
of
preaching
,
but
for
obseruation
of
the
regular
discipline
of
the
monasterie
,
consisting
(
as
in
the
same
chapter
is
mentioned
)
in
the
maner
of
their
meats
,
their
apparell
,
their
not
enioyeng
their
goods
in
propertie
,
and
in
the
maner
of
their
silence
in
some
places
,
and
vpon
the
largenesse
of
Law
racked
.
that
word
as
it
is
vsed
in
scripture
for
much
more
excellent
gifts
;
he
would
inforce
that
there
cannot
be
such
degrées
in
ministers
,
as
some
to
be
of
meane
,
some
of
competent
,
some
of
eminent
knowledge
and
learning
:
or
else
would
No
consequence
in
his
reason
.
gather
,
whosoeuer
is
not
so
mightie
in
word
and
déed
,
as
this
speach
is
sometime
in
scripture
vsed
for
,
to
be
an
intrudor
,
and
to
haue
no
lawfull
calling
.
Whereas
we
sée
no
such
matter
of
learning
is
hereby
required
to
be
in
the
prior
,
as
he
imagineth
,
neither
if
it
were
,
is
it
necessarie
that
euerie
minister
should
be
of
as
great
sufficiencie
as
a
prior
,
though
in
a
generalitie
some
offices
incident
to
the
one
,
were
also
required
to
be
in
the
other
.
In
his
glosse
or
discourse
herevpon
,
as
hauing
prooued
that
which
he
promiseth
,
he
climeth
into
his
throne
,
and
stoutlie
demandeth
of
our
chéefe
prelats
;
What
they
can
answer
in
defense
of
their
wilfull
disloialtie
to
the
Lord
,
in
not
being
so
carefull
,
as
the
superstitious
lawemaker
was
,
for
his
superstitious
time
?
And
by
the
waie
he
accuseth
them
To
maintaine
tooth
and
naile
a
policie
of
a
traitorous
lawemaker
,
a
policie
perillous
for
the
gouernement
of
the
state
of
the
Lords
houshold
:
and
as
though
that
gouernement
which
they
vse
,
were
rather
by
them
Challenged
,
than
duelie
attributed
vnto
them
.
And
for
proofe
that
the
policie
by
them
vsed
is
such
,
he
reckoneth
diuerse
points
as
popish
,
Which
they
turne
(
as
he
saith
)
to
the
maintenance
of
their
prelacies
,
dignities
,
and
ministeries
vnder
the
Gospell
.
Surelie
a
verie
gréeuous
accusation
,
being
so
generall
and
indefinite
,
against
so
manie
reuerend
Fathers
,
supplieng
one
at
the
least
of
the
thrée
estates
of
the
land
in
parlement
,
euen
by
the
ancient
policie
of
the
same
,
being
also
according
to
our
lawes
Magnates
&
Pares
regni
;
and
such
as
haue
béene
the
chéefest
either
planters
or
waterers
of
this
church
vnder
the
time
of
the
gospell
:
but
especiallie
when
it
commeth
from
such
a
one
as
would
séeme
to
be
a
professor
of
the
gospell
,
whereof
these
and
such
like
spéeches
,
too
too
manie
in
this
booke
,
are
neither
branch
,
bud
,
nor
fruit
.
And
except
they
were
the
voices
of
some
sonne
of
Beliall
,
as
was
Sheba
,
that
is
without
yoke
of
all
christian
humilitie
and
patience
,
I
cannot
sée
how
such
contumelious
loftie
spéeches
(
though
they
were
maintenable
)
could
become
any
subiect
in
this
land
,
thus
to
publish
in
a
printed
booke
;
but
much
lesse
this
virulent
spirited
companion
,
whosoeuer
he
be
.
Slaunderous
speeches
of
the
whole
s●ate
.
And
is
indéed
all
our
Gouernment
ecclesiasticall
but
challenged
?
Is
the
policie
and
state
of
our
church
Perillous
for
the
gouernement
of
the
state
of
the
Lords
houshold
?
Is
it
the
policie
of
a
Traitorous
lawmaker
?
Are
our
chéefe
prelats
Mainteiners
of
such
by
tooth
and
naile
?
And
are
they
abbettours
of
such
Traitorous
lawes
or
lawemakers
?
Doo
They
mainteine
their
prelacies
,
dignities
,
and
ministeries
vnder
the
gospell
by
the
lawes
of
Gods
enimie
?
And
can
the
pope
,
being
no
subiect
,
be
called
a
traitor
,
or
a
traitorous
lawmaker
,
though
he
be
a
suborner
or
stirrer
vp
of
as
manie
traitors
as
he
can
inuegle
?
Trulie
these
iniuries
debase
the
great
blessings
of
God
,
which
by
hir
Maiesties
gratious
meanes
we
enioy
by
the
pure
preaching
of
the
gospell
,
and
reformation
of
this
church
from
all
poperie
and
superstition
,
and
is
dishonorable
to
hir
Highnes
gouernement
:
yea
,
it
reacheth
both
to
those
godlie
lawes
and
lawmakers
,
which
by
parlement
haue
established
this
policie
,
and
the
gouernement
ecclesiasticall
,
which
we
now
by
Gods
mercie
enioy
:
men
who
are
as
loth
iustlie
to
be
accompted
mainteiners
of
poperie
,
or
of
perillous
and
traitorous
policies
and
gouernements
,
as
this
man
is
vnwilling
not
to
shew
himselfe
dogged
and
spitefull
.
For
it
is
well
knowne
,
that
no
other
policie
is
practised
,
nor
gouernement
put
in
vre
,
but
such
as
the
wholsome
lawes
of
this
land
haue
fortified
:
and
therefore
for
Factious
speaking
against
the
lawes
in
force
.
him
thus
to
carpe
at
the
lawes
in
a
slaunderous
libell
,
before
the
same
authoritie
hath
reuersed
them
,
it
is
intollerable
,
and
would
in
some
places
be
accompted
seditious
.
Neither
will
his
euasion
serue
him
,
bicause
the
question
is
not
[
Inter
pares
,
amongst
equals
]
as
he
saith
:
as
though
he
could
not
speake
better
of
the
said
lawes
and
acts
of
parlement
,
without
preiudice
Of
the
honour
of
the
sonne
of
God
,
by
accusing
him
not
to
haue
giuen
a
perfect
law
for
the
gouernement
of
his
fathers
houshold
by
discipline
,
as
well
as
by
doctrine
.
For
,
as
hereby
he
would
excuse
himselfe
for
his
contemptuous
and
opprobrious
spéeches
against
hir
Maiesties
lawes
,
and
the
whole
state
of
the
land
,
and
the
policie
and
discipline
of
this
church
;
as
though
he
were
forced
for
the
safegard
of
the
honour
of
Christ
:
so
would
he
insinuate
that
all
other
not
of
his
opinion
,
are
recklesse
of
Gods
honor
,
and
that
both
the
policie
and
gouernement
of
our
church
is
contrarie
to
Gods
will
reuealed
by
his
word
,
and
also
that
Christ
hath
left
a
set
externall
forme
of
policie
and
discipline
to
be
exercised
Disloyall
&
presumptuous
speeches
grounded
vpon
an
errour
.
in
euerie
particular
point
throughout
all
the
seuerall
churches
in
the
world
.
Indéed
if
these
two
were
true
,
which
I
thinke
will
be
verie
long
in
proouing
,
he
might
with
more
reason
haue
said
as
he
dooth
;
yet
doth
in
milder
maner
,
and
in
a
place
more
conuenient
than
in
a
pamphlet
,
whereby
a
gelousie
maie
be
bred
amongst
the
simple
,
that
they
haue
béene
all
the
time
of
hir
Maiesties
reigne
misseled
by
their
gouernors
.
I
doo
therefore
saie
and
offer
in
the
name
of
the
learned
,
to
him
or
other
to
consider
of
,
that
it
is
taken
by
vs
for
an
vndoubted
truth
,
the
contrarie
whereof
by
no
proofe
we
doo
essure
our selues
can
be
shewed
:
that
There
are
not
set
downe
in
particular
by
scripture
,
or
by
necessarie
collection
to
be
gathered
,
all
circumstances
of
policie
,
gouernement
,
discipline
and
ceremonies
necessarie
and
vniformlie
to
be
vsed
in
euerie
seuerall
church
:
and
that
the
christian
magistrats
and
gouernors
are
not
in
the
said
former
points
,
whereof
something
is
touched
in
scripture
,
of
necessitie
tied
to
that
precise
forme
that
is
there
set
downe
,
but
to
the
generall
doctrine
concerning
them
;
to
wit
,
that
all
be
doone
to
edifieng
,
orderlie
,
comelie
,
and
such
like
:
if
any
will
affirme
otherwise
,
let
him
set
downe
his
plat
and
his
proofes
for
euerie
particular
,
and
he
shall
see
whether
he
come
not
short
in
most
points
.
Neither
doo
I
see
why
he
should
so
odiouslie
traduce
certeine
thinges
vsed
in
our
church
,
till
he
haue
prooued
them
vngodlie
,
in
this
respect
onelie
;
bicause
they
haue
béene
either
inuented
or
practised
vnder
some
bad
popes
,
more
than
he
dooth
all
the
nations
of
Christendome
,
as
well
in
reformed
as
not
reformed
churches
,
for
giuing
a
notable
place
in
their
common
weales
,
vnto
the
ciuill
lawes
of
the
Romans
,
deuised
for
the
most
part
by
painims
and
idolaters
,
or
than
he
dooth
the
common
or
municipall
lawes
of
our
owne
nation
taken
either
from
the
old
Saxons
being
heathen
,
or
from
the
Normans
being
but
newlie
christened
,
howbeit
still
grosse
papists
and
idolaters
.
But
as
touching
his
questions
,
How
our
chiefe
prelats
can
answer
to
the
Lord
for
their
wilfull
disloyaltie
,
for
want
of
carefulnes
requisite
,
séeing
They
continuallie
place
vnable
men
in
the
ministerie
,
and
why
they
should
not
let
those
canons
before
brought
for
a
learned
ministerie
,
being
now
their
owne
lawes
,
be
auailable
with
them
?
(
he
might
haue
said
as
well
his
and
euery
Englishmans
lawes
,
for
all
be
parties
to
an
parlement
.
)
I
answer
first
,
that
in
those
able
men
for
the
ministerie
which
they
haue
laied
their
hands
vpon
,
I
am
persuaded
they
haue
not
doone
it
so
much
for
a
bare
satisfaction
of
law
,
as
for
the
exigence
of
the
cause
,
and
for
discharge
of
a
good
conscience
.
Further
,
if
they
haue
ordered
some
of
meane
abilitie
,
it
hath
béene
in
respect
of
the
slender
portions
of
liuing
allotted
out
in
most
places
for
the
finding
of
ministers
,
which
places
other
wise
should
be
destitute
wholie
,
whereby
the
people
would
in
short
time
become
as
heathens
and
painims
,
or
be
as
sauage
as
the
wilde
Irish
,
to
the
great
danger
of
their
soules
,
and
hazard
of
this
state
.
And
if
it
shall
be
said
,
that
they
haue
preferred
any
to
the
ministerie
vtterlie
ignorant
and
vnworthie
,
willinglie
:
Charitie
teacheth
me
not
to
iudge
the
worst
,
nor
to
iudge
●
.
Cor.
4
,
5.
before
the
time
,
vntill
the
Lord
come
,
who
will
lighten
things
that
are
hid
in
darkenes
,
and
make
the
counsels
of
the
harts
manifest
.
So
far
am
I
from
iudging
it
to
come
of
any
disloyaltie
to
God
,
especiallie
of
wilfulnesse
,
which
is
the
next
degrée
to
the
greatest
sinne
that
may
be
:
for
if
any
of
them
had
wilfullie
admitted
such
a
person
into
the
ministerie
and
of
set
purpose
,
then
would
he
also
haue
reiected
such
as
being
verie
woorthie
,
haue
offred
themselues
to
that
function
,
which
to
this
daie
I
neuer
did
heare
to
haue
béene
surmised
by
any
man
against
any
of
those
reuerend
fathers
,
whom
I
persuade
my selfe
it
is
a
singular
comfort
vnto
,
when
they
may
be
meanes
and
instruments
of
bringing
woorthie
workemen
into
the
Lords
haruest
.
12.
Section
.
Pag.
21.
THat
which
is
heere
brought
out
of
the
common
Extrauagants
,
though
the
Author
telleth
vs
,
that
it
ouerthroweth
the
authorising
or
ratifieng
of
an
vnpreaching
or
vnlerned
ministerie
,
which
no
man
I
hope
wisheth
to
haue
established
,
whereas
yet
manie
doo
thinke
that
he
is
not
straightwaie
to
be
accounted
An
intrudor
,
without
any
lawfull
calling
,
or
no
minister
at
all
,
which
wanteth
that
perfect
abilitie
required
to
be
in
a
preacher
:
yet
dooth
the
said
constitution
speake
no
one
word
concerning
ministers
or
secular
priests
,
as
they
then
termed
them
,
as
to
that
effect
and
purpose
:
but
onelie
prouideth
certeine
priuiledges
for
so
manie
as
should
be
deputed
therevnto
of
the
order
of
friers
preachers
and
minors
,
commonlie
called
graiefriers
,
common
extrauagants
Wilful
corrupting
of
the
text
.
indeed
and
wanderers
,
that
they
might
heare
confessions
,
haue
certeine
benefits
at
burials
,
and
preach
in
any
church
or
street
fréelie
without
licence
of
the
Bishops
Diocesan
,
sauing
in
certeine
cases
;
these
friers
indéed
,
and
not
onelie
Brethren
,
as
the
author
craftilie
and
vntruelie
hath
translated
them
,
vnder
the
fauour
of
the
equiuocation
of
the
word
Fratres
,
yea
nor
all
of
them
neither
,
but
such
as
by
their
prouincials
should
be
especiallie
culled
out
for
that
purpose
,
the
Pope
meaning
to
authorise
to
preach
where
they
list
,
least
the
secular
priests
,
(
of
whome
also
mention
is
made
,
but
without
any
mention
of
their
preaching
)
should
thinke
themselues
wholie
disgraced
by
this
vnbounded
and
vnconfined
libertie
giuen
vnto
the
friers
:
he
did
therefore
thinke
good
,
besides
an
apologie
in
the
friers
behalfe
full
of
commiseration
made
by
him
in
the
end
of
this
constitution
vnto
the
secular
priests
,
to
exact
also
some
speciall
qualities
in
these
friers
thus
to
be
sent
on
shriuing
and
preaching
,
vnto
the
which
the
secular
priests
looking
and
finding
themselues
inferiour
,
might
with
more
patience
be
induced
to
tolerate
the
friers
to
preach
and
heare
confessions
in
their
cures
.
Yet
to
the
intent
it
may
fullie
and
plainelie
appeare
,
that
neither
this
canon
,
nor
any
other
in
force
,
exacteth
of
euerie
inferiour
minister
necessarilie
to
be
a
preacher
,
it
is
to
be
vnderstood
,
that
though
this
canon
alledged
,
be
plainelie
by
him
falsified
,
and
perteineth
onelie
to
a
few
friers
which
should
be
chosen
out
of
all
the
heard
for
this
function
,
yet
is
it
also
[
](A19392-e78760-b)*
*
cl.
2.
dudum
de
sepulturis
.
reuersed
by
a
later
pope
,
and
standeth
in
no
force
,
otherwise
than
it
agréeth
with
the
canon
of
Repeale
.
Furthermore
the
[
](A19392-e78770-b)*
*
c.
1.
excommunicamus
§.
quiae
verò
Ext.
de
haereticis
.
law
flatlie
decréeth
thus
;
Seeing
th'
apostle
saith
,
How
shall
they
preach
except
they
be
sent
?
Therefore
all
that
either
be
expresselie
forbidden
,
or
not
sent
by
the
authoritie
of
the
apostolike
See
,
or
of
the
catholike
Bishop
of
the
place
,
and
yet
shall
presume
to
vsurpe
the
office
of
preaching
publikelie
or
priuatelie
,
let
them
be
excommunicate
,
and
except
they
shall
speedilie
reforme
themselues
,
let
them
be
further
punished
according
to
their
deserts
.
And
the
glosse
vnto
this
purpose
dooth
[
](A19392-e78790-b)*
*
Gl.
in
c.
quod
Dei
timorem
.
in
verbo
priuilegiatum
,
Ext.
de
statu
monacho
.
thus
gather
;
In
this
is
the
office
of
preaching
priuiledged
,
because
no
man
ought
to
preach
except
it
be
committed
vnto
him
by
the
Bishop
of
the
place
,
or
the
apostolike
See
,
and
those
who
by
election
are
chosen
vnto
it
:
as
is
expressed
in
Cl.
1.
de
regula
,
&
in
Cl.
dudum
§
:
huiusmodi
.
de
sepulturis
:
which
be
places
spoken
of
these
friers
,
whereof
we
doo
intreate
.
And
so
you
sée
the
authors
plaine
dealing
,
and
his
impregnable
proofes
both
against
those
thrée
degrées
of
learning
in
ministers
afore
mentioned
,
and
also
for
this
conclusion
,
that
none
may
vpon
anie
occasion
whatsoeuer
be
tolerated
in
the
ministerie
which
is
not
an
able
preacher
,
yea
euen
by
the
canon
law
it selfe
.
13.
Section
.
Pag.
22
,
23
,
24.
THe
principall
scope
of
this
section
conteining
a
prouinciall
constitution
of
this
land
,
and
the
authors
exposition
of
it
,
is
to
prooue
that
the
Competent
and
conuenient
knowledge
which
euerie
minister
ought
to
be
adorned
with
,
is
at
the
least
to
be
able
To
expound
in
the
vulgar
toong
,
vnto
the
people
euerie
quarter
of
a
yeare
once
,
certeine
principles
of
christian
religion
there
specified
.
Surelie
,
if
by
this
Expounding
in
the
vulgar
toong
,
he
thinke
such
an
exposition
to
be
meant
as
preachers
vsuallie
doo
make
vpon
a
text
,
he
will
be
easilie
conuinced
by
the
words
here
vsed
,
&
the
circumstances
.
For
if
a
sermon
had
béene
ment
by
Expounding
,
in
vaine
was
that
added
,
In
the
vulgar
toong
;
except
otherwise
the
lawemakers
had
feared
they
would
haue
vpon
those
texts
preached
in
Latine
vnto
the
people
,
whereof
there
was
no
great
danger
at
that
time
,
that
it
néeded
so
to
be
prouided
for
.
And
therefore
[
to
expound
in
the
vulgar
toong
]
must
néeds
be
vnderstood
to
declare
it
into
English
,
word
by
word
as
it
laie
in
the
Latine
;
except
you
will
saie
it
should
be
doone
in
more
words
with
some
reasonable
paraphrase
for
the
peoples
better
conceiuing
of
it
,
which
yet
séemeth
to
be
somewhat
abridged
and
restrained
in
these
words
,
Without
intermedling
of
anie
subtiltie
according
to
his
owne
fansie
.
Further
,
whie
should
this
alternatiue
be
set
downe
,
Either
vpon
some
one
or
more
festiuall
daies
?
seeing
by
no
possibilitie
it
could
be
intended
,
that
he
could
runne
thorough
by
sermon
or
lecture
in
one
daies
exercise
,
all
the
Articles
of
our
beleefe
,
the
ten
commandements
,
and
the
two
precepts
of
the
gospell
,
concerning
the
loue
to
God
and
to
our
neighbour
,
The
seauen
workes
of
mercie
,
the
seauen
deadlie
sinnes
with
their
ofspring
,
the
seauen
principall
vertues
,
and
the
seauen
sacraments
of
grace
:
all
which
last
our
author
thought
good
to
omit
,
least
thereby
all
colour
should
be
taken
awaie
from
his
interpretation
.
And
if
vpon
this
constitution
he
will
gather
,
that
in
euerie
priest
an
abilitie
of
preaching
or
expounding
the
scriptures
was
then
necessarilie
required
:
it
may
be
retorted
backe
thus
,
that
then
the
synod
would
haue
suffered
men
of
that
abilitie
and
discretion
,
both
to
preach
of
what
text
they
had
thought
good
at
all
times
,
and
would
not
haue
restreined
them
from
intermedling
such
expositions
as
they
should
thinke
conuenient
.
Which
things
are
sufficient
to
shew
vnto
vs
what
is
ment
both
by
Once
in
a
quarter
,
and
by
those
words
,
On
more
festiuall
daies
;
that
is
to
saie
,
that
once
a
quarter
they
shall
go
ouer
all
the
said
principles
of
religion
in
the
English
toong
,
either
all
in
one
daie
,
or
else
vpon
mo
daies
,
in
case
they
cannot
conuenientlie
in
one
daie
dispatch
all
.
But
yet
that
the
authors
wilfull
racking
may
be
more
manifest
,
and
that
a
meane
learning
indeed
will
serue
this
turne
to
preach
,
as
héere
is
spoken
of
,
I
would
they
which
trust
our
author
for
a
plaine
dealing
and
an
honest
man
,
would
but
take
the
paines
to
peruse
this
[
](A19392-e78960-b)*
*
c.
1.
de
officio
archipreabyteri
,
constitu
.
prouin.
constitution
which
he
alledgeth
;
they
should
then
find
that
this
preaching
which
he
so
extolleth
,
and
which
he
thinketh
to
implie
more
than
a
meane
or
sufficient
measure
of
learning
,
is
nothing
but
a
bréefe
paraphrase
,
not
to
be
deuised
by
the
priests
themselues
,
but
word
by
word
heere
set
downe
for
them
to
be
learned
and
vttered
like
the
lesson
of
a
scholar
without
booke
.
In
which
respect
also
,
in
the
end
of
the
constitution
it
is
plainelie
signified
,
that
they
haue
concerning
the
said
points
of
christian
religion
[
Taken
paines
to
make
that
breefe
exposition
,
for
the
instruction
of
such
priests
as
were
simple
.
]
Yea
,
the
practise
&
learning
of
the
priests
of
that
age
is
so
meane
a
rule
for
vs
to
square
out
our
ministers
sufficiencie
by
,
or
exercise
of
their
function
;
that
it
[
](A19392-e78980-b)*
*
c.
1.
§.
sacerdotes
verò
constitu
.
prou.
de
haereticis
.
was
forbidden
here
in
England
,
vnto
euerie
priest
,
how
sufficient
soeuer
otherwise
his
learning
were
,
being
not
licenced
a
publike
preacher
,
so
much
as
to
catechize
or
instruct
his
parish
of
anie
other
points
of
religion
,
or
in
any
other
maner
,
than
was
set
downe
vnto
him
by
that
paraphrasticall
exposition
conteined
in
the
said
constitution
.
Illa
sola
simpliciter
praedicet
,
vnà
cum
precibus
consuetis
,
quae
in
constitutione
prouinciali
a
bonae
memoriae
Iohanne
,
&c.
wherevpon
the
[
](A19392-e79000-b)*
*
Gl.
ibidem
,
verbo
simpliciter
.
glosse
saith
Simpliciter
,
[
that
is
to
saie
,
without
any
theame
or
text
to
entreat
of
,
or
other
solemnitie
,
but
euen
as
the
words
do
lie
.
]
Furthermore
he
telleth
vs
vpon
his
owne
bare
credit
,
that
from
hence
Quarter
sermons
now
amongst
vs
haue
crept
in
and
had
their
beginning
.
But
it
is
rather
to
be
thought
,
seeing
it
could
not
(
as
the
times
are
)
be
hoped
for
,
that
in
euerie
church
there
Iniunct
.
artic.
4.
might
a
preacher
be
placed
,
that
yet
they
would
prouide
as
neere
as
they
could
,
that
the
people
should
not
be
wholie
without
instruction
of
the
word
preached
.
And
where
he
saith
,
that
the
said
Quarter
sermons
are
suffered
with
greater
A
great
slander
.
corruption
,
than
in
those
former
daies
they
were
,
and
thinketh
the
same
sufficientlie
prooued
by
that
it
ishere
said
In
one
or
in
more
festiuall
daies
,
as
though
hereby
more
sermons
were
required
in
a
quarter
of
a
yeare
,
in
those
daies
than
are
now
,
I
thinke
it
is
sufficientlie
answered
afore
.
But
bicause
the
author
imagineth
some
aduantage
would
be
taken
against
him
hereby
,
seeing
it
is
here
said
,
the
priest
may
make
this
exposition
By
himselfe
or
another
,
he
thought
good
to
stop
this
gap
also
:
and
answereth
to
this
effect
,
as
I
conceiue
it
;
that
this
is
not
therefore
tolerated
to
be
done
by
another
in
respect
of
the
disabilitie
of
the
minister
himselfe
,
but
in
respect
either
of
manifold
businesses
,
bodilie
infirmitie
,
open
hostilitie
,
or
some
other
necessarie
occasions
.
And
he
prooueth
this
to
be
the
sense
of
the
said
constitution
prouinciall
,
by
an
argument
taken
out
of
the
canon
law
,
reasoning
A
maiori
ad
minus
affirmatiuè
,
An
absurd
reason
like
a
deepe
Logician
:
that
bicause
it
is
not
tolerable
for
a
Bishop
to
procure
the
people
whom
he
ought
to
teach
,
to
be
preached
vnto
by
another
,
onelie
(
for
want
of
skill
)
in
himselfe
,
but
vpon
some
of
the
afore
recited
considerations
,
therefore
it
is
not
lawfull
for
a
common
minister
to
procure
another
to
preach
for
him
;
where
his
owne
skill
is
not
sufficient
.
This
he
enlargeth
also
by
two
examples
altogether
vnlike
to
this
matter
we
haue
in
hand
.
For
though
want
of
learning
may
and
ought
to
be
a
sufficient
cause
to
kéepe
a
man
from
preaching
in
his
owne
person
,
and
to
force
him
to
supplie
it
by
some
other
,
though
a
verie
slender
skill
will
serue
for
the
preaching
which
héere
is
ment
;
yet
for
not
personallie
visiting
:
not
that
,
but
other
lawfull
impediments
must
be
alledged
,
considering
the
like
skill
is
not
in
the
one
as
in
the
other
required
.
That
which
he
quoteth
out
of
the
chapter
Conquerenti
,
Ext.
de
clericis
non
residentibus
,
is
not
found
there
,
but
taken
by
him
from
some
other
mans
gatherings
out
of
it
.
All
the
words
thereof
looking
toward
this
purpose
any
waie
,
are
these
,
Vel
quòd
eidem
ecclesiae
non
deseruiat
,
or
if
he
serue
not
the
said
church
.
Which
indéed
must
néeds
be
ment
of
personall
seruing
or
residence
,
bicause
a
man
cannot
reside
by
another
,
no
more
than
he
can
Corporaliter
rei
incumbere
,
naturallie
possesse
by
another
,
though
ciuilie
he
may
doo
.
The
decision
of
that
chapter
is
this
:
Whereas
one
would
haue
extorted
twentie
shillings
annuitie
from
the
incumbent
of
a
benefice
,
by
colour
that
the
said
benefice
had
béene
once
collated
vpon
him
;
it
is
decided
that
he
should
surcease
for
euer
that
claime
,
if
either
he
had
other
ecclesiasticall
benefices
,
or
did
not
serue
the
said
church
himselfe
:
which
is
verie
far
from
proouing
that
he
may
not
procure
another
to
preach
in
his
cure
,
which
is
not
a
preacher
himselfe
.
14.
Section
.
Pag.
24
,
25.
THat
which
is
brought
heere
in
the
first
place
to
prooue
,
that
It
is
directlie
forbidden
to
depute
another
in
the
office
of
preaching
,
hath
no
direction
to
lead
vs
to
know
from
whence
it
came
:
which
therefore
would
(
as
by
other
dealings
we
haue
had
cause
)
giue
suspicion
to
feare
some
wresting
or
peruerting
,
if
it
had
any
shew
of
substance
for
that
purpose
.
But
nothing
can
be
gathered
of
it
,
but
that
such
as
especiallie
C.
vlt.
§.
caeterum
Ext.
de
officio
de
legati
.
and
extraordinarilie
had
that
office
of
preaching
the
crosse
recommended
vnto
them
;
which
(
as
I
take
it
)
was
to
persuade
men
to
go
to
warre
against
the
Saracens
and
inhabitants
of
the
holie
land
,
bicause
their
industrie
and
sufficiencie
was
before
the
rest
héerein
chosen
,
could
not
therefore
commit
ouer
that
dutie
vnto
others
from
themselues
:
Nam
substitutus
,
cuius
industria
praecipuè
est
electa
,
non
potest
substituere
sine
speciali
mandato
.
And
I
hope
that
the
author
will
not
hereby
gather
,
thát
by
lawe
now
in
force
,
a
man
is
vtterlie
and
simplie
forbidden
to
haue
another
to
preach
in
his
cure
vpon
any
occasion
,
for
then
all
our
new
doctors
De
robe
curte
,
who
intrude
themselues
vpon
other
preachers
hauing
pastorall
charge
,
must
be
faine
to
giue
ouer
their
cloaks
,
and
put
vp
their
pipes
.
This
also
is
a
fallacie
,
A
secundum
quid
ad
simpliciter
,
thus
to
reason
:
Those
that
haue
the
preaching
of
the
crosse
,
to
excommunicate
or
to
absolue
,
by
letters
of
commission
committed
vnto
them
,
cannot
depute
others
in
their
roomes
;
Ergo
none
appointed
to
preach
,
maie
procure
others
to
preach
for
them
.
Againe
,
it
is
vntrue
,
as
shall
appéere
after
,
that
euerie
minister
by
his
ordination
is
made
a
preacher
.
Also
the
law
[
](A19392-e79240-b)*
*
Reg.
iniuncti
.
art.
80
,
&
40.
Vide
resp.
ad.
40.
sectionem
dooth
expresselie
in
many
places
authorise
a
minister
to
suffer
preachers
to
preach
in
his
cure
,
and
therefore
it
cannot
be
doubted
but
they
may
haue
this
dutie
furnished
by
another
.
The
next
alledged
out
of
our
prouinciall
constitutions
dooeth
reason
thus
:
[
Persons
and
Vicars
ought
to
labour
to
informe
the
people
committed
vnto
them
with
the
food
of
Gods
word
,
according
to
the
measure
that
shall
be
inspired
them
;
Ergo
,
it
is
directlie
forbidden
that
the
office
of
preaching
should
be
deputed
to
anie
other
.
]
Héereof
me
thinke
a
man
might
more
probablie
collect
against
the
principall
matter
now
handled
,
séeing
the
synod
knew
well
enough
the
words
of
preaching
,
sermons
,
and
such
like
:
which
neuerthelesse
in
this
place
hauing
so
fit
an
occasion
,
it
dooth
not
vse
,
but
tempereth
it
in
other
maner
by
[
Feeding
according
to
the
measure
that
shall
be
inspired
into
them
,
that
therefore
it
was
not
the
meaning
of
the
synod
to
exact
of
euerie
beueficed
person
a
necessarie
abilitie
of
preaching
,
but
were
contented
to
staie
vpon
a
competent
skill
,
where
more
exact
learning
could
not
be
procured
.
But
a
modest
man
would
haue
béene
ashamed
thus
purposely
to
haue
abused
his
readers
,
by
sending
them
to
séeke
the
last
constitution
by
him
alleged
in
stead
of
[
](A19392-e79270-b)*
*
C.
presbyterorum
consti
.
prou.
de
off
.
archipresbyteri
.
another
brought
in
afore
,
or
yet
to
auouch
that
this
place
more
at
large
manifesteth
his
purpose
,
to
prooue
that
one
may
not
preach
for
another
:
wherof
it
hath
neuer
a
word
,
nor
yet
any
resemblance
:
neither
yet
dooth
it
exact
of
them
to
preach
,
but
to
Informe
their
parishioners
by
the
food
of
Gods
word
,
which
may
be
done
many
waies
beside
preaching
,
though
not
so
profitablie
.
And
therfore
the
glosse
distinguisheth
preaching
from
doctrine
and
other
[
](A19392-e79290-b)*
*
Glossa
ibid.
verbo
latraeu
.
information
by
a
disiunctiue
,
as
being
diuers
things
.
The
beginning
of
the
decretall
Inter
caetera
Ext
:
de
off
.
iudicis
ordin
.
perteining
onelie
to
the
Bishop
,
may
well
be
a
reason
to
inforce
a
necessitie
to
haue
the
people
of
God
fed
with
the
word
of
God
,
but
it
nothing
helpeth
any
of
these
his
Three
issues
by
the
authour
to
be
prooned
.
principall
issues
,
that
he
is
no
minister
at
all
,
who
cannot
preach
,
or
that
there
may
not
be
admitted
the
former
degrées
of
seuerall
measure
in
learning
,
or
that
a
man
not
able
to
preach
,
may
not
procure
that
dutie
by
another
to
be
supplied
.
And
if
it
had
pleased
him
to
haue
called
to
remembrance
the
next
wordes
following
the
allegation
which
he
brought
in
the
next
page
afore
,
out
of
the
same
Pag
,
23.
in
fine
.
chapter
,
he
might
haue
séene
[
](A19392-e79330-b)*
*
Inter
caeterae
Ext.
de
off
.
iud.
ord.
generali
.
there
,
that
Bishops
either
hindred
(
as
there
is
said
)
or
hauing
great
diocesses
,
should
choose
fit
men
for
the
office
of
holie
preaching
,
which
in
their
stead
(
when
they
are
otherwise
letted
)
may
execute
the
said
office
,
and
carefullie
visiting
their
flocks
committed
vnto
them
,
might
edifie
them
by
word
and
by
example
,
and
so
be
ioint-helpers
and
workers
with
them
.
Therfore
if
that
decretall
should
conteine
a
reason
,
why
one
might
not
preach
in
anothers
sted
(
as
the
author
séemeth
to
thinke
)
it
were
a
verie
strange
Antinomie
and
Brocard
hardlie
to
be
reconciled
by
anie
supersubdistinction
whatsoeuer
.
15.
Section
.
Pag.
25
,
26
,
27.
Pag.
23
AN
inquisition
in
this
behalfe
,
how
the
préests
,
whom
he
transiateth
Elders
,
haue
done
their
duties
,
being
no
otherwise
than
is
shewed
before
,
dooth
not
adde
any
weight
to
the
former
proofes
,
for
any
of
the
said
three
issues
set
out
:
and
the
words
of
Preaching
or
publishing
,
vsed
with
a
disiunctiue
,
doo
argue
plainelie
,
that
he
did
not
deale
simplie
before
,
when
hée
would
haue
the
expounding
in
the
vulgar
toong
,
of
the
articles
of
beléefe
,
the
ten
commandements
,
&c:
to
be
so
manie
sermons
,
séeing
they
are
héere
plainelie
distinguished
,
so
that
any
publication
thereof
sufficeth
.
For
a
[
](A19392-e79430-b)*
*
Bald.
in
l.
4.
C.
de
.
ver.
&
rerum
.
signif.
gl
.
in
c.
Ext.
parte
Ext.
de
rescript
.
disiunctiue
being
put
betwixt
two
persons
is
vnderstood
for
a
copulatiue
,
but
being
set
betwixt
two
things
,
(
as
in
this
place
)
it
is
far
otherwise
,
and
implieth
a
disiunctiue
indéed
,
though
the
glosse
doo
séeme
otherwise
to
salue
it
.
For
euerie
publication
of
a
thing
cannot
be
called
preaching
,
as
we
vse
the
terme
in
common
spéech
.
But
why
are
Presbyteri
such
as
are
to
expound
in
the
church
,
translated
Elders
?
I
trust
he
mindeth
not
héereby
to
shut
out
all
laie
men
from
the
eldership
or
seigniorie
which
is
dreamed
of
,
least
peraduenture
he
himselfe
be
Exclusisstmus
.
But
here
he
enforceth
againe
,
a
place
before
alledged
,
accompanied
with
two
other
glosses
:
the
place
was
afore
spoken
vnto
,
and
the
glosses
speake
not
to
any
other
purpose
(
as
is
euident
)
than
to
require
and
with
as
great
abilitie
in
a
minister
as
conuenientlie
may
be
had
;
yet
not
condemning
thereby
all
As
intrudors
or
as
no
ministers
at
all
,
that
haue
not
aspired
to
that
perfection
,
which
is
the
point
in
issue
by
him
laid
downe
.
But
in
these
two
glosses
also
he
kéepeth
his
old
woont
,
to
quote
them
so
generallie
,
that
a
man
may
seeke
them
where
he
will
,
for
he
shall
be
sure
(
by
any
direction
he
giueth
)
neuer
to
find
them
.
For
although
in
nine
or
ten
pages
afore
(
manie
other
allegations
being
brought
betwixt
)
he
alledged
the
Constit
.
Othoni●
cum
sit
ars
.
place
from
whence
he
borrowed
them
,
yet
now
as
though
it
had
béene
the
next
allegation
before
,
he
vseth
the
quotation
of
Glossa
ibidem
,
the
which
dealing
with
other
like
by
him
vsed
,
doo
argue
this
at
the
least
,
that
he
was
loth
to
séeme
to
borrowe
so
much
out
of
one
place
,
least
he
should
thereby
bewraie
his
want
.
I
the
will
gather
for
his
purpose
any
thing
of
that
which
Rebuff
.
saith
,
[
That
those
are
accompted
vtterlie
vnlearned
,
that
knowe
not
how
to
doo
the
office
to
the
which
they
are
bound
;
then
must
he
first
prooue
that
no
ministers
besides
preachers
doo
knowe
how
to
doo
the
office
to
which
they
are
bound
,
and
that
of
necessitie
the
office
of
preaching
is
incident
to
euerie
minister
,
according
to
that
vnderstanding
that
this
word
Preaching
is
vsuallie
taken
in
.
Yet
it
is
verie
generall
thns
to
alledge
Rebuff
.
without
quotation
,
who
hath
written
manie
bookes
,
and
some
of
them
of
great
largenes
.
All
that
I
can
find
any
thing
sounding
this
waie
,
is
Rebuff
.
in
praxi
benef.
pag.
9.
infol
.
this
;
Illiteratus
,
&c.
A
man
vnlettered
cannot
be
preferred
,
bicause
he
that
(
caret
literis
)
that
is
,
cannot
reade
,
or
is
not
book-learned
,
cannot
be
fit
for
diuine
offices
.
The
Art.
43.
Iniunct
.
Regi
.
iniunction
which
he
alledgeth
,
prouideth
that
such
as
not
long
before
the
making
of
the
said
iniunctions
had
béene
made
priests
,
being
children
,
and
otherwise
vtterlie
vnlearned
,
should
not
by
the
Ordinaries
be
receiued
to
anie
benefice
or
cure
,
but
reiected
.
The
equitie
of
which
iniunction
I
grant
(
though
it
be
out
of
the
letter
)
remaineth
still
vnuiolablie
to
be
obserued
,
that
children
and
men
vtterlie
ignorant
,
be
neither
receiued
into
orders
,
neither
if
by
any
sinister
meanes
they
haue
crept
in
,
that
they
be
admitted
to
benefices
and
cure
of
soules
.
Now
the
author
hauing
by
waie
of
recapitulation
ministred
foorth
all
his
former
proofes
,
he
telleth
vs
in
effect
plainlie
though
he
made
shew
to
prooue
,
that
no
competencie
or
conueniencie
of
learning
,
without
an
especiall
abilitie
of
preaching
,
would
serue
any
ministers
turne
to
be
excused
from
intrnding
,
and
from
being
accompted
no
minister
at
all
:
yet
it
was
A
malicious
conclusion
,
yet
far
from
his
proofes
.
not
this
which
he
looked
at
especiallie
,
but
to
leaue
an
impression
in
the
minds
of
the
readers
,
That
our
dumbe
and
vnpreaching
ministers
haue
not
so
much
as
a
competencie
or
conueniencie
of
learning
,
whereby
he
might
debase
them
and
bring
them
into
obloquie
.
So
that
it
séemeth
they
might
haue
his
commendation
and
allowance
to
continue
their
roomes
,
if
this
competencie
were
but
in
them
,
whatsoeuer
he
hath
aforesaid
sounding
to
the
contrarie
.
But
he
is
angrie
also
with
their
Bare
reading
,
and
verie
peremptorilie
assureth
vs
,
That
they
shall
neuer
be
instruments
of
the
Holie-ghost
to
worke
faith
in
the
hearers
:
but
he
limiteth
it
with
this
word
Ordinarilie
:
which
he
séeketh
to
establish
by
shat
of
S.
Paule
;
And
how
shall
they
heare
without
a
preacher
?
Truelie
,
as
it
must
needs
be
confessed
that
the
plaine
resolution
and
vnfolding
of
the
word
,
in
scripture
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
The
aright
cutting
thereof
[
and
the
giuing
of
the
due
and
fit
allotment
of
it
in
season
]
which
is
performed
by
discréet
and
pithie
preaching
,
is
an
ordinarie
and
the
most
excellent
meanes
to
ingender
faith
:
so
is
it
a
great
error
in
diuinitie
,
to
thinke
that
God
neuer
blesseth
the
reading
,
or
the
hearing
of
his
word
read
,
but
extraordinarilie
.
For
then
,
whie
is
it
commanded
Deut.
6.
that
the
law
of
God
should
be
rehearsed
continuallie
to
our
children
,
that
we
should
talke
of
the
commandements
in
our
houses
,
as
we
walke
by
the
waie
,
and
when
we
lie
downe
,
and
when
we
rise
vp
,
that
they
should
be
tied
for
a
signe
vpon
our
hands
,
and
as
frontlets
betwéene
our
eies
,
that
they
should
be
written
vpon
the
posts
of
the
house
,
and
Psal.
1.
Psal.
119.
Iohn
.
Act.
vpon
our
gates
:
that
we
should
meditate
therein
day
and
night
,
that
all
the
daie
long
our
studie
should
be
in
his
law
,
and
that
we
should
search
the
scriptures
?
Also
whie
was
Moses
read
in
the
synagogs
euerie
sabboth
daie
,
and
they
of
Thessalonica
commended
for
their
reading
of
scripture
,
and
conferring
it
with
that
which
they
heard
?
And
shall
we
saie
that
so
manie
thousands
,
as
in
late
time
of
persecution
were
conuerted
from
idolatrie
by
reading
of
scriptures
A
perillous
and
vncharitable
doctrine
.
and
diuine
treatises
,
obteined
not
faith
by
ordinarie
meanes
,
or
that
without
especiall
miracle
and
extraordinarie
working
none
are
saued
in
this
church
of
England
,
where
their
minister
is
no
publike
preacher
?
And
is
not
the
declaring
and
publishing
the
word
in
the
mother
toong
,
wherein
(
as
Augustine
saith
)
In
those
things
that
are
there
plainelie
set
downe
,
is
sufficient
for
faith
and
conuersation
,
a
kind
of
declaration
and
preaching
forth
of
the
Lords
will
vnto
vs
?
But
vpon
what
ground
that
other
vehement
accusation
of
his
standeth
against
such
our
ministers
as
be
no
preachers
,
That
they
rob
the
Holie-ghost
of
his
proper
honour
and
office
,
whereby
he
inspireth
the
preachers
of
the
gospell
with
the
spirit
of
wisdome
,
&c.
in
truth
I
cannot
coniecture
,
except
he
will
gather
it
thus
:
Preachers
of
the
gospell
are
in
good
measure
inspired
by
the
Holy-ghost
with
the
spirit
of
wisedome
:
Ergo
,
whosoeuer
be
no
preachers
,
but
do
onlie
read
the
word
of
God
to
others
,
doo
rob
the
Holie-ghost
of
his
proper
honour
and
office
.
Which
argument
if
I
should
denie
,
hauing
but
propounded
it
once
,
I
shuld
do
wrong
to
the
simplest
reders
capacitie
that
may
be
;
euen
as
he
hath
abused
their
patience
to
propound
it
.
16.
Section
.
Pag.
27
,
28
,
29.
NOw
belike
as
being
priuie
with
himselfe
,
that
he
hath
brought
no
sufficient
concluding
reason
to
prooue
such
a
necessitie
for
euerie
minister
to
be
a
preacher
,
as
that
therof
it
should
follow
such
to
be
no
ministers
at
all
,
who
are
no
preachers
,
he
séeketh
by
exhortation
(
though
beside
the
rules
of
Rhetorike
)
when
he
at
the
first
iumpe
calleth
them
Idols
,
to
induce
them
to
yéeld
vp
their
places
,
which
they
vniustlie
(
as
he
saith
)
doo
possesse
.
And
if
in
strict
points
of
diuinitie
,
this
be
thought
lawfull
,
and
that
there
might
be
found
such
as
he
fansieth
fit
for
sufficiencie
,
to
supplie
all
their
roomes
,
I
would
with
he
could
persuade
thus
far
,
not
onelie
with
those
whome
he
calleth
Idols
,
mumbling
,
dumbe
,
and
vnpreaching
ministers
,
but
with
all
such
parrat
preachers
also
,
as
being
destitute
of
learning
,
discretion
,
and
humilitie
,
haue
rather
boldened
themselues
to
speake
,
than
learned
to
speake
to
purpose
.
The
canon
of
Gregorie
by
him
cited
,
toucheth
not
those
1.
q.
1.
c.
si
quis
ne
que
.
who
haue
entred
into
the
ministerie
,
being
not
sufficientlie
qualified
with
gifts
incident
vnto
it
,
but
such
as
either
indirectlie
,
corruptlie
,
or
vpon
sinister
and
simoniacall
respects
onelie
,
haue
taken
vpon
them
that
function
.
And
of
such
doo
the
next
two
allegations
also
by
him
brought
,
onelie
speake
.
All
the
other
which
he
throngeth
together
,
sauing
the
two
last
,
doo
conteine
dangers
and
vpbraidings
of
such
Bishops
,
which
for
their
want
of
gouernement
;
or
of
their
ministers
,
which
for
their
dissolutenes
of
life
,
are
scandalous
and
offensiue
to
others
.
Whome
(
how
well
soeuer
qualified
for
learning
)
as
it
is
méet
to
remooue
from
their
functions
,
so
is
there
nothing
here
brought
,
whereby
it
is
likelie
they
will
be
mooued
willinglie
to
yéeld
of
themselues
,
seeing
euerie
man
is
too
parciall
a
iudge
in
his
own
affaires
.
In
the
two
last
,
where
that
prelate
which
cannot
teach
(
for
the
word
Doctrina
is
onelie
vsed
)
is
likened
to
a
capon
,
and
said
to
be
no
true
prelat
:
We
are
to
remember
,
that
they
are
but
the
words
of
the
glosse
vpon
the
prouinciall
constitutions
,
and
not
belonging
to
any
of
the
places
quoted
out
of
the
decrées
;
and
if
they
be
vniformelie
to
be
vnderstood
with
the
rest
,
are
ment
onelie
of
Bishops
.
Unto
which
two
glosses
,
the
one
vpon
the
constitutions
of
Otho
.
and
the
other
vpon
the
prouincials
,
he
is
greatlie
beholding
,
for
furnishing
him
with
so
great
and
so
gaie
a
shew
.
Yet
they
serue
him
as
men
are
vsed
to
be
that
take
of
trust
:
they
are
not
so
peremptorie
for
his
purpose
,
as
he
would
make
it
.
For
first
they
onelie
speake
of
the
prelats
gouernement
and
conuersation
,
and
not
of
his
doctrine
or
preaching
.
That
in
the
[
](A19392-e79880-b)*
*
83.
dist.
c.
nihil
.
first
ranke
calleth
not
the
Bishop
a
woolfe
,
but
saith
,
he
is
a
miserable
Bishop
that
séeketh
to
please
woolues
,
for
he
cannot
please
both
them
and
the
flockes
of
shéepe
.
The
[
](A19392-e79900-b)*
*
2.
q.
7.
c.
qui
nec
regiminis
.
next
likeneth
not
a
prelat
to
a
shamelesse
dog
,
onelie
for
not
correcting
the
faults
of
his
children
,
but
also
for
want
of
gouernement
in
himselfe
,
and
for
not
bewailing
his
owne
sinnes
.
That
which
followeth
taken
out
of
Augustine
,
is
appliable
to
all
men
as
well
as
to
prelats
,
and
sheweth
how
a
doue
that
is
a
true
beléeuer
may
be
discerned
from
a
rauen
,
that
is
a
filthie
liuer
.
[
](A19392-e79930-b)*
*
c.
non
omnis
ibid.
Not
euerie
one
that
saith
,
Peace
be
vnto
you
,
must
be
listned
vnto
as
though
he
were
a
doue
:
the
rauens
are
fed
by
the
death
of
other
things
,
this
qualitie
the
doue
hath
not
,
which
liueth
of
the
fruits
of
the
earth
,
and
therefore
his
diet
is
blamelesse
.
The
next
is
not
found
by
any
direction
which
he
hath
set
downe
,
but
he
might
haue
alledged
the
gospell
for
it
,
speaking
of
salt
that
hath
lost
his
taste
.
The
[
](A19392-e79950-b)*
*
c.
in
mandatis
43.
dist.
place
ensuing
next
,
is
by
him
(
following
onelie
his
glosse
)
wrong
quoted
.
But
if
he
thinke
he
may
gather
of
that
which
the
last
glosse
saith
,
of
a
prelats
dumbenesse
in
teaching
(
which
I
haue
shewed
not
to
be
alwaies
coincident
with
preaching
)
that
euerie
minister
is
thereby
of
necessitie
to
be
a
preacher
:
I
am
to
saie
,
besides
that
which
is
spoken
to
the
first
section
,
[
](A19392-e79960-b)*
*
Gl.
in
Cle.
2.
de
sepulturis
verbo
praelati
.
that
Vnder
the
name
of
a
prelat
,
the
person
of
a
church
is
not
conteined
.
The
crimination
and
blame
,
which
he
laieth
vpon
our
chéefe
prelats
for
admitting
any
into
orders
,
not
enabled
as
he
fansieth
,
(
if
otherwise
they
haue
discharged
their
duties
as
I
hope
)
will
easilie
be
answered
when
it
shall
please
him
to
charge
anie
in
particular
,
Loco
&
tempore
congruis
,
whereas
being
deliuered
in
this
maner
,
it
cannot
serue
to
helpe
the
matter
,
but
onelie
to
open
the
rankenesse
of
his
stomach
,
and
by
the
contempt
and
obloquie
of
them
,
to
wound
the
common
cause
.
17.
Section
.
Pag.
29
,
30
,
31.
THe
author
being
now
come
vnto
the
maner
of
making
deacons
and
ministers
in
this
church
of
England
,
and
pretending
so
good
liking
thereof
,
that
he
cannot
endure
the
least
wrench
aside
in
any
small
circumstance
of
it
,
séeking
also
to
mooue
,
before
he
hath
taught
or
shewed
any
breach
of
the
said
order
,
and
to
the
intent
he
might
bréed
further
attention
,
or
else
indignation
in
his
readers
,
he
putteth
on
of
a
sudden
Cothurnos
tragicos
,
and
lostilie
aduancing
his
spéeches
,
swelleth
in
words
like
the
Ocean
,
Proijciens
ampullas
&
sesquipedalia
verba
.
The
occasion
of
all
this
stirre
,
is
bréefelie
this
:
bicause
When
ministers
are
to
be
made
,
it
is
an
action
wherof
deliberate
consideration
is
to
be
had
,
and
wherein
when
all
is
done
(
as
it
is
imagined
)
that
can
be
done
,
yet
in
truth
there
is
(
as
he
saith
)
nothing
so
nor
so
done
.
I
doo
casilie
assent
vnto
him
,
that
a
maruelous
great
care
in
so
weightie
an
action
ought
to
be
had
.
But
that
when
all
is
done
,
as
it
is
imagined
can
be
done
,
yet
nothing
is
so
nor
so
done
,
is
An
obscure
riddle
.
so
deepe
and
inextricable
a
riddle
for
me
to
vnfold
,
that
I
must
confesse
my selfe
herein
Dauus
,
and
not
Oedipus
:
except
I
should
thus
gesse
,
considering
the
humor
of
the
man
else-where
,
that
though
all
prescribed
,
were
as
exactlie
obserued
as
might
be
,
according
to
the
order
there
set
downe
,
yet
is
it
not
such
a
forme
of
ordering
ministers
as
it
ought
to
be
.
If
this
be
his
meaning
,
whie
should
he
be
so
incensed
against
those
who
breake
that
,
which
he
himselfe
misliketh
?
Or
whie
dooth
he
thus
terriblie
exclame
,
as
though
he
would
Inclamare
coelum
,
terram
,
&
maria
Neptuni
,
against
the
breakers
of
an
order
either
vngodlie
or
inconuenient
?
By
the
waie
it
is
to
be
obserued
,
that
the
holie
daies
besides
the
sabboth
,
he
calleth
Their
owne
festiuall
daies
,
intending
as
I
gather
by
this
contemptuous
speech
,
The
authors
nipping
at
hosie
daies
.
that
the
obseruation
of
all
such
daies
is
vnlawfull
,
and
that
they
are
not
commanded
by
hir
Maiesties
lawes
,
but
established
onelie
by
the
Bishops
.
That
other
daies
,
beside
the
sabboth
may
be
commanded
as
festiuall
by
the
chrstian
magistrate
,
the
practise
of
the
people
of
God
,
though
straightlie
bound
to
the
ceremoniall
and
iudiciall
part
of
the
obseruation
of
the
sabboth
,
as
well
as
to
the
morall
,
which
alonelie
we
are
tied
vnto
,
dooth
sufficientlie
teach
vs
.
For
besides
that
God
,
who
indéed
is
a
law-giuer
to
vs
,
and
not
to
himselfe
,
did
command
beside
the
sabboth
,
manie
festiuall
daies
and
solemne
times
of
holie
assemblies
,
ioy
and
rest
,
(
to
let
passe
their
[
](A19392-e80130-b)a
a
Num.
28.
2.
Paral.
2.
2.
Paral.
8.
Esdr.
2.
Isai
.
1.
solemnities
in
the
new
moones
or
kalends
,
bicause
in
them
they
rested
from
no
kind
of
labour
)
as
namelie
the
[
](A19392-e80150-b)b
b
Exod.
12.
passeouer
,
the
first
and
[
](A19392-e80170-b)c
c
Leuit.
23.
Deut.
16.
seauenth
daie
of
swéet
bread
,
the
feast
[
](A19392-e80180-b)d
d
Leuit.
23.
of
first
fruits
,
the
[
](A19392-e80190-b)e
e
Leuit.
23.
Num.
18.
Deut.
16.
2.
Macca
.
12.
feast
of
pentecost
or
of
wéekes
,
the
feast
[
](A19392-e80200-b)f
f
Leuit.
23.
Psal.
80.
of
trumpets
,
the
feast
[
](A19392-e80210-b)g
g
Leuit.
23.
Leuit.
16.
Hier.
36.
of
expiation
,
and
the
[
](A19392-e80220-b)h
h
Leuit.
23.
Num.
29.
Deut.
16.
Neh.
8.
feast
of
tabernacles
;
diuers
also
were
instituted
and
commanded
to
be
kept
by
holie
men
:
as
the
[
](A19392-e80230-b)i
i
1.
Reg.
8.
2.
Paral.
7.
feast
of
dedication
of
the
temple
by
Salomon
,
at
the
[
](A19392-e80250-b)k
k
Esdr.
6.
dedication
also
by
Zerobabell
,
the
feast
of
dedication
[
](A19392-e80270-b)l
l
Macca
.
1.
Iohn
.
10.
of
the
altar
vnder
Iudas
Macchabeus
,
which
being
in
winter
,
is
thought
to
be
the
same
feast
of
Encaenia
,
or
dedication
which
Christ
honoured
with
his
presence
in
the
tenth
of
Iohns
gospell
,
the
[
](A19392-e80310-b)m
m
Iud.
11.
feast
of
moorning
for
the
daughter
of
Ieptha
,
the
[
](A19392-e80330-b)n
n
1.
Macca
.
feast
of
fire
,
the
[
](A19392-e80340-b)o
o
Iud.
16.
feast
of
Iudiths
victorie
ouer
Holophernes
,
the
feast
[
](A19392-e80370-b)p
p
Esther
.
9.
of
lots
,
and
the
feast
of
victorie
[
](A19392-e80380-b)q
q
Iosep
.
li.
12.
ouer
Nicanor
the
king
of
Syrias
generall
capteine
.
And
if
the
lawfulnes
to
command
such
being
granted
,
it
shall
neuerthelesse
be
thought
no
such
thing
amongst
vs
to
haue
force
of
law
,
(
as
I
haue
heard
it
to
haue
béene
more
confidentlie
than
truelie
auouched
by
some
)
such
are
to
knowe
,
that
both
the
statute
1.
Eliz.
cap.
2.
dooth
establish
the
said
daies
,
and
that
hir
Maiestie
authorised
by
the
said
act
,
hath
authenticallie
ratified
long
ago
by
hir
royall
authoritie
to
be
shewed
,
both
the
fasts
&
festiuall
daies
set
downe
in
the
bulgar
kalendar
prefixed
before
the
booke
of
common
praier
.
Neither
is
this
circumstance
of
a
sundaie
or
holie
daie
spoken
of
in
the
bodie
of
the
booke
of
The
forme
and
maner
of
making
and
consecrating
Bishops
,
Corruption
of
the
booke
.
priests
,
and
deacons
,
but
in
the
preface
onelie
;
neither
is
it
there
spoken
of
other
,
than
of
Admitting
a
deacon
:
neither
yet
there
,
or
in
him
is
it
necessarilie
required
,
but
onelie
it
is
said
,
that
The
Bishop
may
vpon
a
sundaie
or
holie
daie
admit
such
a
man
so
qualified
,
as
is
there
prescribed
,
a
deacon
.
The
other
circumstances
by
the
author
set
downe
,
which
he
thought
he
might
carrie
awaie
in
a
cloud
with
a
streame
of
words
,
as
of
Churches
being
destitute
of
a
pastor
,
of
a
solemne
assemblie
,
and
conuocation
of
the
cheefest
of
the
gouernours
of
the
church
,
to
be
gathered
togither
in
the
cheefest
citie
of
the
diocesse
,
to
present
,
&c:
are
required
without
booke
by
our
author
,
and
are
belike
some
Falsification
of
the
booke
.
part
of
another
platforme
,
which
he
mistooke
in
stéed
of
this
church
of
Englands
order
.
But
if
he
inforce
those
words
of
the
statute
8.
Eliz.
confirming
the
said
booke
,
And
shall
from
hense-foorth
be
vsed
and
obserued
in
all
places
within
this
realme
,
for
the
necessarie
obseruation
of
euerie
circumstance
arbitrarie
afore
:
then
must
we
desire
him
to
rub
ouer
his
logike
and
his
law
,
and
to
remember
that
herein
we
must
Reddere
singula
singulis
,
that
such
things
as
were
of
substance
in
the
booke
,
and
such
as
were
of
circumstance
or
arbitrarie
solemnitie
,
are
not
hereby
altered
,
but
are
to
be
taken
in
that
nature
now
,
as
they
were
before
in
the
booke
.
As
concerning
the
qualities
requisit
in
one
to
be
admitted
a
deacon
,
I
maruell
he
will
number
Follie
in
the
author
.
that
which
resteth
in
experience
afterward
,
and
which
the
partie
is
to
promise
in
time
to
come
to
performe
;
to
wit
,
To
be
diligent
in
his
calling
,
as
a
thing
to
be
weied
before
his
admission
.
And
if
by
the
circumstance
of
Calling
,
he
thinke
may
be
inferred
anie
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
popular
election
,
or
any
other
deuise
whatsoeuer
,
more
than
an
inward
good
motion
of
the
partie
,
he
may
be
conuinced
sufficientlie
by
those
words
,
Shall
present
such
as
come
to
the
Bishop
to
be
admitted
.
The
circumstance
of
being
presented
by
the
archdeacon
,
although
at
solemne
and
set
ordinations
it
be
most
vsuall
;
yet
is
it
not
of
such
necessitie
,
but
that
it
may
as
well
be
omitted
,
as
the
Bishop
may
ordeine
one
alone
,
when
there
is
no
more
,
though
the
words
of
presenting
doo
run
in
the
plurall
number
.
To
which
effect
it
is
also
said
in
the
preface
,
that
the
Bishop
knowing
either
by
himselfe
or
by
sufficient
testimonie
any
person
to
be
a
man
of
vertuous
conuersation
,
&c
,
may
admit
him
,
&c:
so
that
the
circumstance
of
Presenting
is
not
of
any
substantiall
forme
of
the
matter
.
In
reckoning
the
offices
of
the
deacon
,
our
Falsification
.
author
omitteth
this
limitation
,
In
the
church
where
he
shall
be
appointed
,
also
to
baptize
and
to
preach
,
if
he
be
admitted
thereto
by
the
Bishop
:
and
this
likewise
to
serch
for
the
sicke
,
poore
,
&c:
Where
prouision
is
so
made
,
as
not
seruing
belike
so
fitlie
his
turne
as
he
wisheth
.
Whereby
we
may
gather
,
what
libertie
this
man
(
who
findeth
such
fault
with
other
,
for
omitting
such
and
so
manie
requisites
as
he
fansieth
)
dooth
yet
permit
vnto
himselfe
to
leaue
out
of
his
owne
distributions
.
18.
Section
.
Pag.
32
,
33
,
34
,
35
,
36
,
37.
OUt
of
a
part
of
the
forme
of
ordering
priests
,
in
this
section
our
author
thinketh
he
hath
obserued
two
Principall
points
for
his
purpose
:
one
,
that
The
minister
chargeth
himselfe
to
teach
and
instruct
the
people
committed
to
his
charge
,
with
the
doctrine
of
holie
scriptures
,
and
this
he
passeth
ouer
verie
bréefelie
:
The
other
,
which
deserued
with
him
a
marginall
direction
,
is
,
that
The
Bishop
bindeth
him
,
as
well
to
minister
the
discipline
of
Christ
within
his
cure
,
as
the
doctrine
and
sacraments
of
Christ
,
&c.
and
that
therefore
[
the
minister
may
as
well
admonish
,
denounce
,
and
excommunicate
offenders
within
his
charge
,
as
a
Bishop
may
within
his
diocesse
.
The
first
whereof
perteining
to
teaching
,
required
of
the
minister
,
although
it
prooue
not
a
necessarie
coherence
of
preaching
with
the
ministerie
,
séeing
manie
besides
preachers
,
as
the
father
,
the
maister
,
and
the
housholder
,
are
to
teach
and
instruct
in
godlinesse
,
those
who
are
of
their
charge
:
yet
is
it
more
peculiarlie
incident
to
the
treatise
here
in
handling
,
than
the
other
obseruation
concerning
discipline
.
But
shall
we
saie
that
this
man
is
well
aduised
,
in
seeking
to
inspire
euerie
minister
with
a
power
The
authors
contrarietie
.
to
execute
all
discipline
in
the
church
,
and
that
by
law
now
in
force
?
when
as
in
a
peculiar
treatise
of
this
booke
,
he
laboureth
to
prooue
that
by
law
Excommunication
by
one
alone
is
forbidden
;
whereby
he
pulleth
downe
with
one
hand
,
that
which
he
built
with
the
other
,
and
sheweth
himselfe
either
verie
forgetfull
,
or
passing
inconstant
.
And
herevpon
I
would
be
resolued
by
the
author
or
some
other
,
whether
he
thinke
this
endowment
of
euerie
minister
,
with
the
execution
of
all
discipline
,
admitting
but
not
granting
it
to
be
so
by
law
,
to
be
a
conuenient
policie
,
for
the
vnitie
and
quiet
of
the
church
?
And
whether
he
himselfe
had
not
rather
be
vnder
the
forme
now
in
practise
,
in
regard
of
his
owne
contentment
,
than
vnder
the
infinit
dictatorship
of
his
owne
minister
?
Or
else
,
whether
should
appellations
from
the
judgement
of
the
minister
in
this
respect
be
allowed
of
,
and
whether
to
the
Bishop
,
or
to
whome
?
And
whether
the
Bishop
by
this
interpretation
of
law
,
shall
not
reteine
his
authoritie
of
executing
the
discipline
of
the
church
vpon
euerie
particular
minister
,
and
in
euerie
seuerall
parish
as
aforetime
,
seeing
the
author
saith
As
well
as
the
Bishop
in
his
diocesse
?
And
if
he
shall
,
what
if
the
Bishop
vpon
good
cause
,
and
for
abusing
of
the
authoritie
,
shall
suspend
the
minister
from
his
iurisdiction
of
executing
discipline
?
Is
he
not
at
the
same
point
he
was
at
before
?
And
what
if
the
Bishop
himselfe
dwell
in
the
parish
,
who
shall
then
haue
the
preheminence
?
And
what
if
the
ministers
discretion
serue
him
,
vpon
some
small
or
surmised
cause
to
excommunicate
some
great
péere
or
noble
counsellor
of
his
parish
,
whose
indignation
may
turne
the
whole
church
to
great
mischéefe
?
Or
to
procéed
against
his
patrone
,
who
peraduenture
hath
a
bond
of
him
to
resigne
?
As
manie
couetous
coruorants
and
Nimrods
haue
in
these
daies
,
whereby
the
ministerie
is
more
enthralled
to
the
corrupt
deuotion
of
one
man
,
than
by
all
the
lawes
that
any
waie
may
concerne
them
.
The
author
séemeth
to
me
to
diuide
the
discipline
of
the
church
,
which
he
would
intitle
euerie
minister
vnto
,
into
admonition
,
denuntiation
,
and
excommunication
.
If
by
denuntiation
,
he
meane
the
publishing
of
excommunication
done
by
himselfe
,
then
is
it
a
part
thereof
:
if
(
as
I
rather
thinke
)
he
meane
the
second
degrée
of
procéeding
vpon
faults
not
publike
,
specified
in
the
18.
of
S.
Matthew
,
then
is
this
common
with
the
minister
vnto
all
other
christians
,
euen
as
admonition
is
being
the
first
degrée
.
And
where
the
minister
is
the
partie
offended
,
and
hath
not
preuailed
neither
by
his
admonition
in
priuate
,
nor
his
denuntiation
before
two
or
thrée
;
to
whome
shall
he
tell
it
in
the
third
place
,
where
he
himselfe
hath
the
authoritie
to
excommunicate
?
But
the
power
of
binding
and
loosing
,
according
to
the
word
of
God
,
and
the
censure
of
reproouing
and
sharpe
rebuking
of
publike
offenders
,
which
doo
conteine
indéed
the
whole
discipline
,
ment
to
be
attributed
by
this
church
of
England
vnto
priuate
and
inferiour
ministers
,
whie
are
they
left
out
in
this
place
?
And
whie
did
he
not
also
yéeld
vnto
euerie
minister
,
as
well
as
excommunication
,
the
censure
also
against
obstinate
heretiks
,
and
of
anathematisme
,
supposed
(
by
the
best
interpretors
)
to
be
a
higher
censure
than
excommunication
,
and
vsed
when
all
hope
of
amendment
is
gone
?
And
touching
his
second
question
,
whereof
onelie
(
as
it
séemeth
)
any
doubt
is
made
,
Whether
the
doctrine
,
sacraments
,
and
the
discipline
be
to
be
ministered
simplie
,
as
the
Lord
hath
commanded
,
or
else
whether
they
be
to
be
ministred
onelie
as
this
realme
hath
receiued
the
same
without
the
commandement
of
God
?
I
saie
,
that
as
this
question
is
contumelious
to
this
whole
church
,
by
insinuating
a
iarre
in
those
points
to
be
established
by
our
lawes
,
with
The
commandement
of
God
:
so
is
it
a
verie
captious
and
sophisticall
question
A
diuisione
,
bicause
he
diuideth
those
things
Inconstant
dealing
in
the
author
.
that
not
onelie
the
booke
hath
ioined
togither
,
but
he
himselfe
within
ten
lines
afore
,
vpon
the
like
copulatiue
coniunction
,
vrged
the
like
concurrence
of
two
other
seuerall
members
in
this
selfe-same
sentence
.
And
for
answer
to
the
question
,
I
doo
affirme
that
these
thrée
are
to
be
ministred
,
both
as
the
Lord
hath
commanded
,
and
as
this
realme
according
to
the
commandements
of
God
hath
receiued
the
same
.
So
that
the
one
of
these
clauses
shall
not
be
vnderstood
,
either
to
[
limit
or
restraine
:
]
the
other
as
he
vnskilfullie
thinketh
may
be
obiected
,
nor
yet
Dispositiuelie
,
as
though
the
law
ment
by
authoritie
hereof
to
establish
that
the
order
in
these
things
by
the
realme
receiued
,
should
be
holden
as
agreable
to
the
word
of
God
:
but
must
be
taken
Enunciatiuelie
,
to
declare
and
affirme
(
for
the
further
incouragement
and
comfort
of
those
who
are
to
minister
these
things
)
that
following
the
order
by
law
established
,
they
shall
doo
agréeablie
to
Gods
will
.
Not
that
it
is
to
be
thought
that
euerie
ceremonie
,
forme
,
or
circumstance
about
these
thrée
things
,
are
either
in
particularitie
deliuered
in
scripture
,
(
as
this
man
hath
not
alone
absurdlie
fansied
)
or
that
there
in
either
this
church
or
anie
other
is
or
can
be
tied
to
any
such
certeine
exact
forme
In
hypothesi
as
we
terme
it
:
but
that
certeine
generall
rules
for
Articles
of
religion
.
34.
art.
ceremonies
and
gouernement
,
being
there
set
downe
,
euerie
church
is
to
followe
the
said
rules
,
in
such
particular
maner
as
they
shall
iudge
(
all
varietie
of
circumstances
weied
)
to
be
most
fit
for
the
editieng
and
gouerning
of
that
people
.
For
iudgement
whereof
,
I
thinke
that
waie
surest
to
follow
,
which
hath
had
the
best
proofe
and
experience
of
profitablenesse
,
by
longest
continuance
of
time
,
and
purer
antiquitie
,
so
that
it
be
sure
,
no
commandement
in
the
word
to
be
to
the
contrarie
.
And
where
as
he
concludeth
,
though
without
premisses
,
that
A
Bishop
and
a
minister
ought
to
minister
the
discipline
of
Christ
,
as
the
Lord
hath
commanded
,
though
the
lawes
of
the
realme
should
not
haue
receiued
the
same
,
&
afterward
in
plaine
terms
saith
,
That
our
discipline
vsed
in
the
church
of
England
,
is
not
the
same
which
the
Lord
Christ
hath
commanded
:
he
dooth
first
iustifie
that
slander
of
this
church
,
which
his
question
afore
The
authors
slaunder
of
the
whole
estate
.
did
insinuate
.
Secondlie
,
he
directlie
contrarieth
both
that
which
the
booke
by
law
established
,
&
which
he
himselfe
had
a
little
before
affirmed
in
these
words
,
That
the
discipline
is
to
be
executed
by
the
Bishop
,
as
he
hath
committed
vnto
him
by
Gods
word
,
&
as
he
is
appointed
by
the
ordinance
of
the
realme
to
execute
.
Lastlie
he
héereby
both
giueth
libertie
to
Bishop
and
minister
,
to
vse
what
forme
so
euer
of
discipline
shall
séeme
to
them
grounded
vpon
Gods
word
,
and
dooth
as
it
were
crie
an
alarum
to
all
men
,
to
oppose
A
seditious
asseueration
of
the
author
.
themselues
against
the
discipline
of
this
church
,
as
wicked
and
not
agréeable
to
Christs
institution
.
But
let
vs
a
little
examine
his
proofes
,
whereby
he
goeth
about
to
infer
,
that
The
discipline
of
the
church
of
England
is
not
according
to
the
commandement
of
Christ
.
The
first
reason
,
that
It
appeareth
by
the
word
of
God
:
and
likewise
the
second
,
that
it
so
Appeareth
also
by
the
discourses
written
by
the
learned
to
and
fro
,
are
two
childish
fallacies
,
A
petitione
principij
,
proouing
a
thing
in
doubt
by
a
matter
as
much
or
more
doubtfull
,
for
who
being
of
a
contrarie
opinion
,
will
not
straight
tell
him
,
that
his
proofe
is
as
euidentlie
false
as
his
conclusion
.
That
which
is
said
of
The
discipline
of
all
reformed
churches
,
maketh
more
against
him
than
he
is
ware
of
.
First
,
more
reformed
churches
come
néerer
vnto
our
outward
policie
,
discipline
and
ceremonies
,
than
those
are
in
number
who
séeme
to
dissent
from
vs
.
Againe
,
few
or
no
reformed
churches
,
especiallie
of
seuerall
nations
or
dominions
,
doo
iumpe
in
one
externall
policie
of
discipline
or
ceremonies
.
And
whie
is
it
not
as
lawfull
for
vs
héerein
to
differ
from
them
,
as
for
them
to
differ
amongst
themselues
?
And
how
is
it
possible
if
such
a
set
forme
(
as
is
pretended
)
be
set
downe
in
scripture
,
that
they
all
differing
so
much
one
from
another
in
externall
policie
,
should
all
be
ordered
therein
according
vnto
the
commandement
of
Christ
?
and
thus
to
be
brought
as
a
squire
to
leuell
vs
by
,
who
are
alonelie
belike
in
his
fansie
wide
from
the
right
discipline
:
where
as
I
sée
no
cause
in
any
respect
,
whie
they
should
not
rather
take
light
of
vs
,
than
we
of
them
.
That
which
he
speaketh
of
maister
Nowels
catechisme
,
is
verie
generall
,
and
requireth
the
perusall
of
the
whole
booke
.
But
I
suppose
this
to
be
the
place
which
he
meaneth
,
where
toward
the
latter
end
of
the
booke
he
saith
:
In
[
](A19392-e80950-b)*
*
pag.
652.
graecolat
.
Catech.
1573.
well
ordered
churches
a
certeine
forme
and
order
of
gouernement
was
instituted
and
obserued
,
certeine
elders
,
that
is
to
saie
,
ecclesiasticall
magistrates
were
chosen
,
which
should
reteine
and
practise
ecclesiasticall
discipline
.
And
dooth
our
author
thinke
that
this
man
heere
dooth
meane
their
laie
presbyteries
neuer
heard
nor
read
of
from
the
beginning
of
the
world
,
till
within
these
fortie
yeares
or
little
more
,
bicause
he
nameth
them
ecclesiasticall
magistrates
?
A
foole
fansieth
that
bels
doo
ring
and
almost
speake
anie
thing
wherewith
he
is
delighted
.
Or
could
he
gather
,
that
maister
Nowell
here
condemneth
our
churches
discipline
,
as
not
agréeable
to
that
which
Christ
hath
commanded
,
if
he
had
directlie
said
that
in
some
well
ordered
churches
an
order
of
discipline
differing
from
ours
is
obserued
?
Dooth
this
follow
;
Some
well
ordered
churches
differ
in
some
points
of
externall
discipline
from
our
church
,
Ergo
ours
is
not
the
discipline
of
Christ
?
Then
by
this
reason
should
no
reformed
churches
be
said
to
reteine
the
discipline
of
Christ
,
or
to
be
well
ordered
,
manie
of
them
vpon
diuersitie
of
occasions
differing
euen
from
themselues
before
,
and
euerie
one
in
some
point
or
other
differing
among
themselues
.
Are
all
the
churches
of
Denmarke
,
Sweueland
,
Poland
,
Germanie
,
Rhetia
,
Vallis
,
Tellina
,
the
nine
Cantons
of
Switzerland
reformed
,
with
their
confederates
of
Geneua
,
of
France
,
of
the
low
countries
,
and
of
Scotland
,
in
all
points
either
of
substance
or
of
circumstance
,
disciplinated
alike
?
Nay
,
they
neither
are
,
can
be
,
nor
yet
néed
so
to
be
:
séeing
it
cannot
be
prooued
,
that
any
set
and
exact
particular
forme
therof
is
recommended
vnto
vs
by
the
word
of
God
.
And
therfore
maister
Deane
of
Paules
,
in
the
said
[
](A19392-e81060-b)*
*
Ibid.
pag.
16.
booke
saith
,
that
one
end
of
so
manie
counsels
gathered
so
often
in
the
primitiue
church
,
was
this
,
to
make
canons
,
For
the
externall
gouernement
of
the
church
,
which
had
not
néeded
,
if
such
a
perfect
platforme
had
béene
deliuered
thereof
in
scripture
,
as
some
men
vainelie
blunder
about
.
And
I
verelie
doo
persuade
my selfe
,
that
he
being
a
man
yet
liuing
,
and
well
knowne
to
be
farre
from
anie
vnreuerent
opinion
of
the
state
and
policie
of
our
church
,
whereof
he
is
no
inferior
member
himselfe
,
and
being
best
able
to
interpret
his
own
meaning
,
would
if
he
were
demanded
,
quicklie
conuince
this
man
of
factious
and
slaunderous
wresting
and
racking
of
his
words
.
And
seeing
he
obiecteth
vnto
vs
the
president
of
reformed
churches
in
matter
of
discipline
,
let
him
first
by
some
proofe
out
of
scripture
,
or
ancient
writers
approoue
vnto
vs
,
if
he
can
,
the
debarring
of
the
ciuill
magistrate
from
all
gouernment
in
ecclesiasticall
causes
,
and
a
presbyterie
or
segniorie
consisting
most
of
laie
persons
;
yet
both
of
them
practised
by
some
churches
,
which
he
and
his
clients
most
admire
:
and
as
he
shall
deale
in
these
,
he
shall
haue
more
of
our
worke
of
like
nature
,
which
peraduenture
will
trouble
the
sconses
of
all
the
new
discipline-framers
we
haue
,
to
auow
by
good
and
substantiall
proofes
.
Now
vpon
the
quite
ouerthrowe
(
as
he
wéeneth
)
of
the
discipline
of
this
church
of
England
,
he
laieth
foorth
in
behalfe
of
all
inferiour
ministers
,
an
action
of
wrongfull
detinue
(
for
I
thinke
he
will
not
saie
,
it
is
but
nouell
disseisine
)
against
Our
Bishops
and
archdeacons
,
for
challenging
all
punishing
of
malefactors
within
their
seuerall
iurisdictions
.
If
it
be
their
iurisdiction
by
law
,
why
may
they
not
so
doo
?
Forsooth
bicause
They
permit
not
the
minister
to
exercise
any
discipline
at
all
.
Yes
truelie
,
as
was
touched
afore
,
they
doo
and
may
execute
the
discipline
of
declaring
by
doctrine
according
to
the
word
of
God
,
mens
sinnes
to
be
bound
or
loosed
,
and
the
censure
of
rebuking
and
reproouing
openlie
those
that
doo
fréeze
in
the
dregs
of
their
sinnes
,
which
are
not
the
least
parts
of
discipline
:
which
is
as
much
(
for
auoiding
of
intollerable
inconueniences
which
otherwise
would
ensue
)
as
is
expedient
to
be
attributed
vnto
euerie
one
,
and
so
is
it
all
which
the
law
dooth
enable
them
with
:
as
may
be
easilie
gathered
out
of
the
verie
same
demand
of
the
Bishop
:
for
at
the
latter
end
thereof
it
is
said
;
So
that
you
may
Teach
the
people
committed
to
your
care
and
charge
with
all
diligence
to
keepe
and
obserue
the
same
;
so
that
the
discipline
which
the
minister
is
to
execute
,
reacheth
no
further
,
than
to
Teach
his
parish
with
all
diligence
to
kéepe
and
obserue
so
much
of
the
doctrine
,
sacraments
,
and
discipline
of
Christ
,
as
apperteineth
to
them
.
And
if
no
especiall
preheminence
might
be
attributed
in
matter
of
execution
of
discipline
to
one
minister
aboue
other
:
why
is
it
said
by
S.
Paule
,
excommunicating
,
the
incestuous
Corinthian
,
Absens
decreui
,
being
absent
I
decréed
,
1.
Cor.
5.
seeing
they
had
ministers
of
their
owne
,
and
willed
the
denuntiation
of
the
said
excommunication
afterward
to
be
doone
openlie
in
the
church
?
And
at
the
time
of
his
absolution
,
Paule
being
absent
saith
,
To
whom
you
forgiue
any
thing
,
I
forgiue
also
.
Likewise
speaking
of
the
anathematisme
of
Hymenaeus
and
Alexander
:
I
haue
giuen
1.
Tim.
1.
them
vp
vnto
sathan
,
not
naming
either
their
owne
minister
,
or
anie
segniorie
.
But
we
must
yet
a
little
followe
our
author
leaping
backe
for
Another
reason
,
to
prooue
that
This
statute
hath
appointed
the
discipline
of
Christ
to
be
ministred
as
the
Lord
commanded
onlie
,
and
none
otherwise
:
which
we
will
easilie
grant
him
,
vnderstanding
it
in
a
generalitie
,
&
not
as
though
euerie
particular
ceremonie
,
rite
or
circumstance
of
externall
policie
,
if
they
had
beene
(
as
they
are
not
)
in
scripture
mentioned
(
but
being
not
commanded
)
were
at
an
inch
to
be
followed
.
For
else
how
could
the
primitiue
church
without
any
prescript
word
(
I
doo
not
onelie
saie
haue
brought
in
a
new
ceremonie
)
but
haue
altered
the
sabboth
daie
by
God
appointed
at
the
first
,
and
being
our
saturdaie
,
vnto
the
first
daie
of
the
wéeke
in
scripture
twise
or
thrise
called
the
Lords
daie
,
and
with
vs
sundaie
:
or
yet
the
time
of
receiuing
the
sacrament
of
the
eucharist
,
being
according
to
the
institution
vsuallie
receiued
after
supper
,
to
haue
it
receiued
as
it
is
in
the
morning
fasting
?
His
reason
for
the
proofe
of
this
conclusion
I
gather
vp
thus
:
If
this
part
of
the
booke
doo
not
abrogate
all
discipline
vsed
in
time
of
poperie
,
amongst
the
idolatrous
priests
,
as
well
as
their
false
doctrine
and
prophanation
of
the
sacraments
,
then
dooth
it
ordeine
nothing
:
but
it
dooth
ordeine
something
,
or
else
it
were
an
absurd
law
:
Ergo
,
it
abrogateth
discipline
vsed
in
poperie
.
If
this
conclusion
were
granted
,
yet
his
matter
he
hath
in
hand
would
not
here
vpon
be
prooued
;
to
wit
,
That
therefore
discipline
is
no
otherwise
to
be
ministred
,
than
the
Lord
Christ
hath
commanded
.
But
I
haue
shewed
afore
this
Minor
to
be
false
,
and
that
those
words
of
the
Bishop
doo
not
dispositiuelie
ordeine
or
abrogate
anie
thing
for
discipline
,
more
than
they
doo
for
the
doctrine
or
sacraments
which
were
prouided
for
by
other
acts
,
and
not
by
these
words
,
which
were
indéed
absurd
once
to
be
imagined
.
Also
his
Maior
foloweth
by
no
consecution
:
for
it
might
haue
béene
that
those
words
had
ordeined
something
,
and
yet
not
to
haue
abrogated
all
the
discipline
vsed
in
poperie
,
except
it
had
by
him
first
béene
shewed
,
that
the
same
was
contrarie
to
the
commandement
of
the
Lord
,
and
otherwise
than
this
realme
hath
receiued
it
.
Which
being
not
prooued
,
we
may
conclude
,
that
he
hath
in
all
this
section
plaied
vpon
the
Petitio
principij
,
a
fallacie
not
fit
for
his
person
pretending
some
learning
,
and
too
plaine
for
a
man
to
be
ouerséene
in
.
And
therefore
in
his
conclusion
hereof
,
he
might
haue
spared
his
vehement
expostulation
of
[
Open
wrong
,
and
intollerable
iniurie
by
the
cheefe
A
proud
and
insolent
terme
,
full
of
pharisaicall
contempt
.
prelats
,
for
denieng
to
the
saints
of
God
,
the
discipline
they
call
for
,
&c.
]
But
if
he
meane
the
discipline
passiuelie
,
I
thinke
he
and
his
felow
saints
haue
had
some
wrong
at
the
chéefe
prelats
hands
a
great
while
.
If
actiuelie
,
that
euerie
minister
without
checke
might
haue
the
execution
of
all
discipline
in
his
owne
parish
,
I
doo
verelie
beléeue
,
that
this
man
and
others
,
who
so
earnestlie
call
for
they
know
not
what
,
if
they
might
not
be
themselues
also
elders
,
ancients
,
or
what
you
will
,
sauing
priests
of
the
segniorie
,
would
be
the
first
wearie
of
it
.
For
if
I
knowe
their
disposition
any
thing
,
they
are
as
vnpatient
as
any
men
,
to
be
at
controllement
,
and
most
of
all
by
a
poore
minister
.
19.
Section
.
Pag.
37
,
38
,
39.
THe
question
heere
asked
,
whether
It
was
the
meaning
of
the
parlement
,
that
the
Bishop
should
command
an
apothecarie
not
exercised
at
all
in
the
holie
scriptures
,
and
altogither
vnable
to
teach
,
to
be
notwithstanding
a
faithfull
dispenser
of
the
word
of
God
,
and
to
take
authoritie
to
preach
?
hath
a
verie
readie
answer
,
that
it
was
not
their
meaning
,
that
any
Not
exercised
at
all
,
and
altogether
vnable
,
should
so
be
commanded
or
authorised
.
Neither
yet
is
it
to
be
gathered
hence
,
that
they
ment
to
haue
none
admitted
,
hauing
otherwise
competent
gifts
of
learning
,
and
reasonablie
trained
in
the
scriptures
,
but
such
as
could
discharge
the
dutie
of
a
preacher
,
as
this
man
else-where
would
inforce
.
For
to
what
purpose
then
should
that
limitation
haue
serued
,
which
the
booke
addeth
(
but
our
author
passeth
ouer
as
though
he
saw
it
not
)
to
wit
,
To
preach
the
word
of
God
,
and
to
minister
the
holie
sacraments
in
the
congregation
where
thou
shalt
be
so
appointed
?
The
second
question
,
Whether
their
meaning
was
to
bind
the
minister
to
performe
by
himselfe
this
dutie
to
preach
,
or
that
it
should
be
done
by
a
third
person
;
I
take
may
truelie
be
satisfied
thus
:
that
neither
the
minister
if
he
be
not
able
,
and
therefore
not
authorised
well
to
discharge
that
great
worke
of
preaching
,
should
himselfe
preach
:
neither
yet
if
he
were
authorised
,
and
no
other
impediment
hindering
,
that
he
should
loiter
himselfe
,
and
post
it
ouer
to
another
.
And
therefore
he
might
haue
spared
to
haue
alledged
his
two
texts
,
as
one
and
with
one
quotation
,
being
no
more
to
purpose
,
but
that
he
ment
to
disport
himselfe
a
little
with
his
[
Maisters
the
doctors
of
the
canonlaw
,
]
which
elsewhere
he
saith
haue
by
ordinance
long
since
béene
inhibited
from
taking
any
such
degrée
,
and
Doctors
of
the
ciuill
law
:
Burgesses
in
the
house
of
parlement
.
Pag.
240
Truelie
his
skill
in
law
appeareth
to
be
so
little
,
that
a
verie
doctor
Buzbie
might
well
beséeme
to
be
his
maister
in
law
;
and
yet
his
memorie
is
so
fickle
,
his
inconstancie
so
great
,
his
passions
so
furious
,
his
pen
so
slanderous
,
his
mind
so
haughtie
,
and
his
words
so
virulent
in
this
booke
,
that
an
honest
quiet
man
,
though
he
were
not
troubled
with
parlement
matters
(
as
this
man
is
Iwis
more
than
becommeth
him
)
would
be
loath
to
be
troubled
with
such
a
headie
scholar
.
The
other
member
of
this
text
alledged
out
of
the
§
.
Si
quis
alium
institut
.
de
inutilibus
stipulationibus
,
if
he
had
not
taken
it
out
of
some
summarie
by
retaile
,
as
appeareth
both
by
his
receding
from
the
words
of
the
text
,
and
by
iumbling
two
texts
in
one
,
would
haue
put
him
in
mind
,
how
little
it
maketh
for
his
purpose
.
If
a
man
(
saith
the
law
)
haue
solemnlie
promised
to
procure
that
Titius
shal
giue
so
much
,
he
is
thereby
bound
:
though
if
he
promise
that
Titius
shall
giue
so
much
the
stipulation
be
void
.
The
other
examples
brought
by
him
,
being
so
by
the
first
disposition
tied
to
one
person
,
that
it
is
not
sufficient
to
haue
them
doone
by
another
,
doo
not
prooue
generallie
,
that
where
anie
person
is
appointed
for
the
performance
of
a
matter
,
that
it
must
be
done
by
himselfe
personallie
,
no
not
alwaies
where
the
industrie
of
the
person
is
especiallie
elected
,
as
appéereth
in
our
Sherifs
though
personallie
sworne
,
yet
allowed
by
law
their
vndersherifs
.
And
the
ciuill
law
saith
:
He
[
](A19392-e81460-b)*
*
l.
5.
ita
autemff
.
de
admin
.
&
pericu
.
tut
.
§.
quod
si
quis
.
seemeth
to
haue
delt
in
a
gardianship
of
a
ward
or
pupill
,
that
hath
delt
in
it
by
another
man
.
And
[
](A19392-e81480-b)*
*
l.
22.
non
solùm
ff.
de
liberali
causa
.
againe
:
We
are
to
take
it
,
that
he
is
said
to
haue
bought
,
which
hath
bought
by
another
man
,
as
peraduenture
by
his
attournie
.
And
therefore
though
it
néed
not
be
so
said
in
this
place
,
yet
these
his
allegations
notwithstanding
,
a
minister
might
haue
performed
this
dutie
by
him
vndertaken
,
by
a
third
person
lawfullie
.
But
here
the
minister
is
onelie
to
promise
to
Preach
if
he
be
so
appointed
.
And
the
Fourth
iniunction
addeth
Reg.
iniun
.
act.
4.
herevnto
,
that
if
he
be
licenced
herevnto
,
he
shall
preach
in
his
owne
person
at
the
least
euerie
quarter
of
a
yeare
one
sermon
,
for
the
which
end
,
the
Ordinaries
in
most
places
do
require
of
such
as
be
not
fit
to
be
licenced
to
preach
,
that
they
procure
such
duetie
to
be
done
by
another
,
which
is
able
to
performe
the
same
,
and
is
licenced
according
to
order
.
Where
he
asketh
,
Whether
the
meaning
of
the
parlement
were
to
haue
the
Bishop
iudge
the
reading
of
homilies
to
be
preaching
,
it
may
be
said
that
reading
of
homilies
in
a
strict
signification
cannot
be
accompted
preaching
;
yet
they
serue
to
edifieng
,
and
are
a
kind
of
publishing
the
Lords
will
,
euen
as
well
as
a
sermon
being
penned
,
is
,
and
vttered
foorth
vnto
the
people
:
and
they
were
not
by
the
Bishops
,
but
by
hir
Maiesties
owne
authoritie
and
iniunctions
vnder
the
great
seale
of
England
,
recommended
Iniunct
.
27.
vnto
all
Ordinaries
to
sée
amongst
other
things
,
that
all
ministers
being
no
preachers
should
read
them
in
supplie
of
sermons
,
for
the
banishing
of
ignorance
&
blindnes
.
And
therfore
I
doo
the
more
maruell
why
our
author
should
aske
this
question
,
Whether
the
Bishop
may
commit
the
office
of
reading
homilies
to
a
minister
,
and
so
confidentlie
to
auouch
that
he
may
not
?
One
reason
for
proofe
of
this
he
bringeth
;
séeing
Three
kinds
of
offices
are
appointed
to
be
in
the
church
,
deacons
,
ministers
and
Bishops
:
euerie
officer
hauing
his
seuerall
dutie
expresselie
appointed
,
as
reading
homilies
,
to
be
the
office
of
a
deacon
:
that
therfore
One
priuate
man
and
fellowe-seruant
may
not
transpose
from
his
fellowe-seruant
,
an
office
committed
vnto
him
by
publike
authoritie
,
which
he
inforceth
by
this
,
that
Statute
law
is
Stricti
iuris
,
and
may
not
be
extended
.
Here
I
will
also
aske
him
a
question
,
séeing
his
worship
will
not
permit
to
His
lordship
,
that
which
no
Bishop
neuer
went
about
to
doo
of
his
own
head
and
authoritie
;
Whether
dooth
he
permit
vnto
hir
Maiestie
(
notwithstanding
this
distinction
of
offices
and
strictnes
of
statute
law
which
full
wiselie
he
alledgeth
)
any
power
to
take
the
reading
of
homilies
,
which
he
will
néeds
appropriate
to
a
deacon
,
and
to
laie
it
also
vpon
euerie
minister
?
If
he
will
be
so
good
vnto
hir
Highnes
,
as
to
grant
hir
this
libertie
,
it
may
please
him
besides
the
fourth
iniunction
before
alledged
to
peruse
the
27.
and
53.
iniunctions
,
where
expresselie
all
parsons
,
vicars
,
and
curats
,
are
inioined
to
read
some
homilie
when
there
is
no
sermon
,
whom
I
trust
he
will
not
therfore
conclude
,
either
to
be
all
deacons
,
or
to
transpose
without
authoritie
the
office
of
their
fellow-seruant
vnto
themselues
.
But
to
tie
the
reading
of
homilies
vnto
deacons
,
is
so
farre
from
all
apparance
or
colour
of
truth
,
that
in
the
selfe-same
place
,
where
he
curtailed
rather
than
abridged
the
office
of
the
deacon
,
the
booke
setteth
downe
:
that
it
is
a
part
of
the
deacons
office
to
read
holie
scriptures
and
homilies
in
the
church
,
Where
he
shall
be
appointed
to
assist
the
priest
,
not
thereby
that
the
priest
is
excluded
from
reading
scriptures
and
homilies
,
if
he
so
thinke
good
,
or
be
commanded
,
and
therefore
much
lesse
where
no
such
deacon
is
appointed
to
assist
the
priest
.
And
if
this
new
topike
place
were
allowable
,
then
hereof
we
might
reason
thus
:
Bishops
(
as
this
man
hath
confessed
afore
)
by
the
ordinance
of
the
realme
are
to
execute
discipline
;
Ergo
,
the
inferiour
His
argument
recorted
against
himselfe
.
minister
being
another
distinct
officer
,
may
not
transpose
it
to
himselfe
,
as
in
the
other
section
he
auouched
.
Also
,
ministers
are
to
preach
;
Ergo
,
Bishops
being
of
a
distinct
office
may
not
preach
,
contrarie
to
all
that
which
afore
he
hath
spoken
against
dumbe
prelats
.
Againe
,
Deacons
are
by
their
office
by
law
set
downe
to
instruct
the
youth
in
the
catechisme
,
to
baptise
and
to
preach
,
if
they
be
admitted
thereto
by
the
Bishop
;
Ergo
,
ministers
being
a
distinct
office
from
deacons
(
and
statutes
being
strictlie
to
be
interpreted
)
are
neither
to
catechise
,
baptise
nor
preach
by
his
owne
doctrine
,
and
where
is
then
his
learned
ministerie
?
And
therefore
I
take
it
that
I
may
safelie
conclude
without
offense
to
his
wisedome
,
that
either
héere
he
doated
,
or
else
he
hoped
his
readers
would
be
such
affectionate
dotards
,
as
that
he
might
with
anie
shew
or
vizard
of
likelihod
as
héere
,
or
by
racking
,
wringing
,
wresting
,
and
curtailing
,
as
in
diuerse
places
else-where
,
without
their
further
looking
vnto
him
how
plainelie
he
dolte
,
easilie
abuse
them
.
20.
Section
.
Pag.
40
,
41
,
42
,
43.
NOw
in
this
section
to
make
the
matter
in
his
behalfe
séeme
more
probable
against
the
Bishop
,
he
frameth
a
silie
answer
(
God
wot
)
in
his
name
,
that
Seeing
by
statute
he
onelie
hath
authoritie
to
make
deacons
and
ministers
,
and
to
gouerne
them
,
that
therefore
it
beseemeth
a
minister
no
otherwise
to
preach
,
than
as
he
shall
be
licenced
therevnto
by
him
the
Bishop
.
But
yet
bicause
this
fiction
was
so
apparentlie
vnprobable
,
he
was
content
also
to
temper
it
thus
,
Otherwise
than
according
to
the
forme
of
the
booke
.
And
indéed
I
cannot
sée
,
but
that
this
may
and
ought
to
staie
any
from
enterprising
to
preach
in
a
setled
church
as
this
is
,
sauing
such
fanaticall
spirits
as
will
shooue
them-selues
into
the
office
of
preaching
,
without
any
externall
and
lawfull
calling
:
seeing
that
in
this
church
of
England
,
this
booke
is
the
onelie
externall
forme
we
haue
,
of
calling
men
into
any
function
in
Gods
church
.
Now
touching
the
former
matter
,
Whether
the
Bishop
might
commit
the
reading
of
homilies
to
the
minister
,
bicause
our
author
warilie
foresaw
,
that
both
the
iniunctions
and
aduertisements
published
by
sufficient
authoritie
,
would
to
this
purpose
be
alledged
:
he
séeketh
to
vntie
that
knot
thus
.
Bicause
That
(
he
saith
)
which
was
confusedlie
and
indistinctlie
appointed
in
them
to
be
done
by
parsons
,
vicars
,
and
curats
,
whereof
(
as
it
fell
out
)
some
were
deacons
,
and
some
ministers
;
is
now
by
this
statute
made
8.
Elizabeth
,
after
both
the
other
bounded
and
limited
so
,
that
euerie
proper
office
should
be
allotted
to
his
proper
officer
.
But
by
the
way
he
scattereth
a
riddle
as
he
runneth
,
when
he
saith
;
The
iniunctions
,
aduertisements
,
articles
,
and
this
statute
dooth
bound
and
limit
the
meaning
of
the
iniunctions
and
aduertisements
:
yet
I
thinke
he
meant
onelie
,
that
the
statute
bounded
the
meaning
of
the
other
two
:
and
therefore
she
was
to
blame
that
taught
him
so
long
to
go
,
before
he
had
learned
to
speake
well
.
For
the
vntruth
of
this
allotment
of
euerie
peculiar
function
to
his
proper
officer
,
although
some
are
peculiarlie
tied
vnto
one
,
and
not
attributed
to
any
other
,
I
referre
the
reader
to
the
booke
it selfe
,
and
to
that
which
was
said
in
the
last
section
.
And
so
I
doo
this
,
which
a
little
after
he
gathereth
,
Ex
vno
absurdo
quasi
concesso
:
That
the
office
〈◊〉
.
of
the
deacon
is
onelie
to
read
the
scriptures
and
homilies
by
that
statute
.
Now
to
open
more
fullie
the
vanitie
of
this
surmise
,
as
though
the
statute
8.
Elizabeth
,
ment
to
redresse
reading
of
homilies
by
ministers
,
thorough
making
a
more
orderlie
distinction
of
offices
than
afore
:
you
shall
perceiue
by
perusall
of
the
bodie
of
that
statute
and
preamble
,
that
the
forme
and
maner
of
making
and
consecrating
Bishops
,
priests
,
and
deacons
,
was
not
deuised
then
anew
,
but
was
put
in
vre
and
established
in
the
daies
of
king
Edward
.
And
though
Ad
maiorem
cautelam
,
for
the
auoiding
of
cauils
,
of
traitorous
and
slanderous
papists
,
the
same
booke
was
then
established
by
that
act
of
parlement
,
yet
dooth
it
in
the
preamble
thereof
,
by
manie
reasons
prooue
,
that
the
said
booke
had
the
force
of
law
before
.
And
therefore
it
is
verie
propheticall
for
that
booke
,
which
was
penned
in
king
Edwards
daies
to
Bound
,
limit
,
Articles
of
religion
.
art.
36.
applie
,
and
distinguish
offices
confusedlie
deliuered
by
hir
Maiesties
iniunctions
and
aduertisements
,
which
were
long
after
framed
.
And
where
our
author
had
said
,
that
A
minister
must
minister
the
doctrine
and
sacraments
,
and
discipline
of
Christ
;
what
néeded
he
to
haue
added
And
preach
onelie
,
if
(
as
afore
he
would
haue
inforced
)
vnder
Doctrine
or
teaching
,
preaching
be
necessarilie
alwaies
emploied
?
But
afterward
,
vpon
better
rubbing
of
his
memorie
,
he
telleth
vs
,
his
meaning
is
not
to
Exclude
the
minister
from
reading
the
scriptures
,
and
praieng
with
the
people
:
duties
without
which
preaching
cannot
be
done
.
If
by
reading
the
scriptures
,
he
meane
the
ministers
priuate
studie
;
then
he
reasoneth
not
Ad
idem
,
which
is
ignorance
of
the
Elench.
But
if
he
vnderstand
the
reading
of
scriptures
in
the
church
,
then
I
sée
no
cause
whie
by
his
owne
platforme
,
the
minister
should
read
any
scriptures
there
,
besides
his
theame
for
his
sermon
:
naie
,
how
can
he
read
any
scriptures
,
when
the
deacon
hath
read
them
all
Contrarietie
of
the
author
vnto
himselfe
.
afore
?
And
if
he
will
needs
read
the
scriptures
publikelie
,
whie
should
he
be
suffered
(
by
this
mans
construction
)
to
inuade
The
deacons
proper
office
,
and
to
transpose
it
to
himselfe
?
And
therefore
the
copie
of
the
supplication
and
submission
of
the
Bishops
,
which
he
hath
here
drawne
in
their
behalfe
,
as
though
through
their
[
Abusing
of
hir
Highnesse
lawes
]
no
meanes
according
to
law
could
be
found
,
for
reading
of
homilies
,
where
the
minister
is
no
preacher
,
but
by
a
deacon
;
he
may
well
spare
till
they
haue
nèed
of
it
:
at
which
time
peraduenture
they
will
procure
a
better
clearke
than
he
is
to
pen
it
.
Yet
hèerein
also
either
he
or
his
printer
hath
vsed
a
prettie
cunning
,
by
prefixing
there
vnto
a
Latine
beginning
,
and
vsing
for
fiue
or
sixe
lines
an
Italian
letter
,
differing
from
the
other
Romane
,
bèelike
to
the
intent
that
some
simple
credulous
creature
might
belèeue
this
to
be
an
allegation
out
of
some
law
,
which
are
vsuallie
printed
in
this
his
booke
in
the
same
letter
.
The
other
reason
which
he
bringeth
for
further
proofe
of
this
incompatible
distinction
,
of
that
part
of
the
deacons
office
,
which
is
in
reading
of
homilies
,
from
the
ministers
office
,
as
I
conceiue
it
,
is
to
this
effect
.
All
things
about
the
ordering
of
the
minister
,
tend
to
admonish
him
of
his
dutie
in
teaching
and
instructing
the
people
,
and
in
preaching
:
But
the
whole
action
of
ordering
deacons
,
tendeth
to
admonish
him
of
his
office
in
reading
:
Ergo
,
a
minister
may
not
be
forced
to
read
homilies
in
the
church
.
First
neither
part
of
his
antecedent
is
true
.
For
the
first
part
is
prooued
false
The
Abstractor
contrarie
to
himselfe
.
both
by
the
booke
it selfe
,
not
naming
at
any
time
in
the
ministers
office
Preaching
,
but
with
this
limitation
Where
he
shall
be
so
appointed
:
and
by
the
author
himselfe
,
Pag.
33
,
34.
35
,
labouring
in
one
whole
section
to
prooue
that
the
minister
hath
also
the
execution
of
discipline
committed
vnto
him
.
And
shall
we
forget
(
as
he
dooth
)
that
he
is
authorised
also
to
minister
the
sacraments
?
The
second
part
is
euen
as
true
as
the
former
,
both
as
is
shewed
out
of
the
booke
afore
,
and
by
the
authors
confession
within
sixe
lines
after
,
where
the
saith
,
The
prouision
for
the
poore
is
appointed
also
vnto
deacons
.
Besides
all
this
,
the
argument
followeth
not
,
as
is
euident
;
bicause
the
booke
it selfe
attributeth
two
or
three
seuerall
duties
or
functions
to
two
or
three
seuerall
offices
.
As
to
baptize
,
to
deacon
,
minister
and
bishop
.
To
preach
,
to
them
all
three
,
so
the
two
first
be
licenced
,
to
minister
the
sacrament
of
the
●upper
,
to
the
minister
and
Bishop
:
and
if
we
may
belèeue
our
author
,
the
execution
of
discipline
to
them
both
.
And
whie
therefore
may
not
a
minister
read
homilies
,
as
well
as
read
scripture
in
the
church
,
though
both
they
be
in
some
sort
required
of
a
deacon
,
if
he
be
by
the
like
authoritie
of
law
commanded
thervnto
,
as
hath
bèene
prooued
afore
that
he
is
?
And
where
our
author
hèere
further
saith
,
that
The
parlement
house
had
a
singular
care
to
haue
these
offices
of
minister
and
deacon
,
eune
as
they
are
distinguished
by
the
law
of
Christ
himselfe
,
it
is
a
testimonie
,
that
in
those
two
great
offices
,
the
externall
policie
of
our
church
is
according
to
the
commandement
of
Christ
,
in
this
mans
opinion
.
21.
Section
.
Pag.
43
,
44.
OUr
author
hauing
laid
downe
before
,
that
the
booke
of
ordering
priests
and
deacons
,
r●quireth
of
euerie
minister
to
be
a
preacher
,
and
foresèeing
a
storme
towards
him
,
chooseth
rather
to
be
conuicted
of
falsifi●ng
than
of
this
falsehood
.
For
where
the
booke
prescribeth
,
that
it
shall
be
said
to
euerie
minister
to
be
ordered
,
Take
thou
authoritie
to
preach
the
word
of
Manifest
fa●sification
by
the
author
.
God
,
&c:
in
the
congregation
,
when
thou
shalt
be
so
appointed
;
he
leaueth
out
the
most
materiall
word
,
so
,
of
limitation
,
and
falleth
to
descanting
vpon
the
signification
of
When
and
where
,
to
diuert
our
eies
from
espieng
of
the
other
fowle
corruption
.
Although
if
he
were
so
great
a
clearke
in
law
as
he
would
sèeme
,
he
could
not
be
ignorant
that
Vbi
sometime
importeth
time
as
well
as
place
,
and
also
implieth
a
condition
with
it
:
as
if
a
man
giue
a
legacie
to
his
daughter
by
these
words
;
Vbi
ea
nupsisset
,
Where
she
shall
be
married
:
it
is
to
be
vnderstood
saith
the
[
](A19392-e82150-b)*
*
Gl.
in
l.
45.
s●
ita
sit
scriptum
§.
finali
de
legatis
2.
&
Bartolus
ibid.
glosse
there
,
That
is
,
after
,
or
when
,
or
if
she
shall
marrie
.
And
thereuvpon
Adde
Bartol.
in
l.
1.
ff.
de
condit
.
&
demonstr.
mi.
19.
&
.
Bald.
in
l.
3.
C.
de
probat
.
ver.
sequitur
de
&
Oldrad
.
cons.
47.
consueuit
tari
.
Bartolus
noteth
,
that
the
aduerbe
Vbi
,
where
,
dooth
implie
a
condition
.
But
if
it
had
not
bèene
the
mind
of
the
law-makers
by
these
words
So
appointed
,
to
restraine
them
from
preching
,
without
further
approbation
vpon
triall
of
their
abilitie
thereto
:
then
both
in
vaine
had
the
word
So
bèene
vsed
,
and
with
better
sense
might
haue
bèene
least
out
,
which
in
so
short
and
so
principall
a
sentence
of
this
action
is
not
to
be
imagined
to
be
superstuous
:
and
also
the
word
Appointed
without
a
further
word
,
as
To
serue
or
such
like
,
would
haue
made
no
perfect
sentence
:
and
therefore
must
nèeds
be
vnderstood
,
like
as
the
generall
vsage
since
,
Quae
est
optimus
legum
interpres
,
dooth
interpret
,
that
they
haue
authoritie
giuen
them
To
preach
where
they
shall
be
so
appointed
.
Neither
in
vaine
is
preaching
spoken
of
at
their
first
ordering
,
both
to
put
them
in
mind
what
ought
to
be
their
principall
endeuour
,
and
to
giue
vs
to
knowe
,
that
as
mèere
laie
men
be
not
enabled
to
this
office
,
so
it
is
not
conuenient
that
a
licence
to
preach
be
giuen
vnto
any
,
but
to
such
as
being
in
some
function
ecclesiasticall
,
haue
addicted
themselues
to
serue
the
church
according
to
their
abilities
,
in
all
the
functions
incident
to
that
calling
.
And
whereas
he
dooth
alledge
,
that
if
this
sense
,
which
he
inforceth
,
Were
not
the
naturall
meaning
of
the
statute
,
then
to
administer
the
sacraments
might
as
well
be
forbidden
without
speciall
licence
in
writing
.
I
answer
that
though
at
the
ordering
,
authoritie
to
preach
and
to
minister
the
sacraments
be
giuen
,
according
to
the
limitations
there
set
downe
,
yet
hereby
they
are
not
hand
ouer
head
,
where
it
pleaseth
them
to
rush
into
other
mens
charges
,
but
are
to
expect
a
licence
in
writing
to
bound
them
,
where
they
may
lawfullie
administer
the
sacraments
,
which
is
done
by
letters
of
collation
,
institution
,
or
donatiue
temporarie
or
perpetuall
.
And
thus
he
sèeth
,
there
is
so
much
to
helpe
our
turnes
,
besides
the
canon
law
,
that
he
thought
it
best
to
leaue
some
of
it
out
for
his
more
aduantage
.
22.
Section
.
Pag.
44
,
45.
46
,
47.
YEt
,
bicause
he
seeth
the
coast
is
not
cleare
,
by
reason
as
well
the
[
](A19392-e82320-b)*
*
c.
excommunicamus
vlt.
§.
quia
verò
Ext
de
haereticis
.
canon
as
hir
Maiesries
iniunctions
before
alledged
by
me
,
doo
require
a
speciall
licence
to
authorise
a
minister
to
preach
,
yea
euen
in
his
owne
cure
;
he
felleth
vs
a
tale
(
not
of
a
rosted
horse
)
but
of
his
owne
graie
ambling
gelding
,
which
he
could
giue
vnto
me
if
he
would
,
onelie
by
giuing
me
the
keie
of
his
pasture
,
and
bidding
me
to
take
him
vnto
mine
owne
vse
of
his
gift
.
But
what
if
he
should
●dde
also
&
saie
;
Soft
sirra
,
are
you
gone
so
soone
?
my
meaning
is
not
that
you
shall
take
him
away
,
or
haue
any
vse
of
him
,
except
vpon
your
desert
I
shall
thinke
good
to
ratifie
this
my
figt
vnto
you
vnder
my
hand
and
seale
hereafter
:
may
I
(
thinke
you
)
herevpon
be
so
bold
,
as
of
mine
owne
head
before
I
haue
his
hand
&
seale
,
to
breake
open
a
gap
in
the
hedge
,
and
ride
awaie
with
him
?
Truelie
how
he
would
take
it
I
know
not
,
but
I
feare
me
my
mistresse
his
wife
would
thinke
me
verie
hastie
,
vpon
so
slender
a
warrant
to
ride
awaie
with
his
graie
ambling
gelding
,
and
peraduenture
I
should
fare
the
woorse
at
his
hand
also
for
my
snatching
.
Whereby
he
may
sèe
,
that
this
is
but
a
Wrest
of
a
gooses
quill
,
indeed
not
fit
to
set
these
Iars
and
ods
in
tune
according
to
his
purpose
,
which
differeth
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
from
the
true
meaning
of
the
canon
and
iniunction
.
The
reason
he
bringeth
,
if
onelie
By
the
licence
to
preach
,
authoritie
therevnto
were
giuen
,
that
then
the
making
of
a
minister
without
a
congregation
,
should
hereby
be
committed
vnto
the
Bishop
,
dooth
no
waie
follow
:
sèeing
that
preaching
is
neither
the
onelie
office
of
a
minister
,
neither
dooth
the
booke
of
ordering
,
authorise
simplie
euerie
minister
as
afore
hath
beene
shewed
,
but
such
as
shall
be
So
appointed
,
whereof
the
[
](A19392-e82380-b)*
*
Art.
8.
iniunct
.
R●g
.
iniunction
declareth
the
particularities
:
for
how
can
it
appéere
to
others
that
he
is
licenced
,
but
by
writing
?
And
in
like
sort
is
that
reason
out
of
the
Eight
iniunction
.
Bicause
ministers
are
inioined
to
suffer
no
man
to
preach
within
their
cures
,
but
such
as
shall
appeere
to
them
to
be
sufficientlie
licenced
therevnto
;
Ergo
,
speciall
licences
to
preach
,
are
onelie
for
men
to
be
admitted
to
preach
in
other
mens
cures
.
The
reason
of
which
consecution
must
néeds
be
this
:
A
man
may
not
without
licence
preach
in
another
mans
cure
;
Ergo
,
he
may
without
licence
preach
in
his
owne
:
which
is
apparentlie
grounded
of
no
reason
,
A
negatione
vnius
disparatorum
ad
positionem
alterius
non
valet
argumentatio
.
As
if
he
should
reason
thus
;
None
but
a
freeman
of
Yorke
may
vse
any
trade
in
that
citie
,
therefore
without
any
fréedome
a
man
may
doo
it
in
the
citie
of
London
.
Or
thus
;
Whosoeuer
denieth
our
author
to
be
a
puritane
,
saith
true
:
but
whosoeuer
saith
he
is
a
foolitane
,
denieth
him
to
be
a
puritane
(
bicause
that
he
himselfe
hath
made
an
antithesis
betwixt
them
)
Pag.
91
Ergo
,
whosoeuer
saith
he
is
a
foolitane
,
saith
true
.
His
other
reason
out
of
the
iniunction
,
which
saith
,
No
other
shall
be
suffered
to
preach
out
of
his
owne
cure
,
than
such
as
shall
be
licenced
,
Ergo
,
euerie
one
in
his
owne
cure
may
preach
vnlicenced
,
dooth
no
waie
follow
by
the
rules
of
Logike
.
For
,
licenced
and
vnlicenced
,
in
his
owne
cure
,
and
not
in
his
owne
cure
,
are
no
contraries
,
but
contradictories
;
which
beginning
with
the
vniuersall
negatiue
,
admitteth
no
consecution
,
but
his
own
contradictorie
with
a
negation
:
as
thus
,
None
vnlicenced
may
preach
out
of
his
owne
cure
;
Ergo
,
some
not
vnlicenced
(
that
is
licenced
)
may
preach
out
of
his
owne
cure
.
Yet
I
grant
the
lawe
admitteth
diuerse
times
such
reasonings
,
and
they
are
called
A
contrario
sensu
,
and
grounded
vpon
this
rule
,
Quod
[
](A19392-e82540-b)*
*
32.
q.
1.
c.
dominus
.
exceptio
firmat
regulam
in
casibus
non
exceptis
,
an
exception
dooth
giue
strength
to
a
rule
in
cases
being
without
the
compasse
of
the
exception
;
whereof
there
be
diuerse
examples
in
the
ciuill
law
:
insomuch
that
it
is
called
by
Papinian
,
[
](A19392-e82570-b)a
a
〈◊〉
1.
§
huius
rei
Fortissimum
argumentum
,
in
one
place
.
Yet
notwithstanding
it
hath
diuers
ff.
de
officio
eius
cui
mand
.
est
.
iurisd
.
l
20.
§
mulier
ff.
de
testam
.
l.
8.
§
si
ignorantes
ff.
mandati
.
L.
3.
§.
prima
verba
.
ff.
de
sepulchro
vio
.
l.
26.
§.
cum
inter
ff.
de
pactis
dotalibus
.
limitations
,
wherein
it
dooth
not
hold
;
and
namely
,
[
](A19392-e82600-b)b
b
l.
2.
§.
fin
.
ff.
de
donationibus
.
L
6.
ff.
de
condicti
.
causa
dati
.
L.
1.
§.
quod
vulgo
ff.
de
vi
&
vi
arm.
l.
vlt.
§.
fin
.
ff.
de
iuris
&
facti
igno
.
where
the
mind
of
the
law-maker
is
otherwise
,
as
where
it
is
put
onelie
by
waie
of
exposition
,
and
not
condition
:
or
[
](A19392-e82610-b)c
c
Instit.
de
haeredita
.
qu●
ab
intestato
§.
1.
where
the
law
dooth
otherwise
specially
dispose
,
as
in
this
case
it
both
hath
béene
afore
shewed
sufficientlie
,
and
appeareth
also
by
the
fourth
iniunction
;
where
it
is
said
they
shall
preach
in
their
cures
,
Once
at
the
least
in
euerie
quarter
of
the
yeere
,
in
their
owne
persons
being
licenced
especiallie
therevnto
,
as
is
specified
hereafter
,
that
is
to
saie
,
(
as
is
in
the
eight
iniunction
)
either
by
hir
Maiestie
,
one
of
the
Archbishops
for
their
prouinces
,
the
Bishop
for
his
diocesse
,
or
by
the
Queenes
Maiesties
visitors
,
to
which
we
may
adde
,
or
by
one
of
the
vniuersities
of
Oxford
or
Cambridge
,
their
privileges
since
that
time
being
by
act
of
parlement
confirmed
,
wherof
this
is
not
one
of
the
least
.
And
lastlie
it
holdeth
when
the
like
reason
is
in
[
](A19392-e82650-b)d
d
l.
14.
§.
1.
ff.
de
seruo
corrupto
.
both
the
contraries
:
as
it
is
in
this
point
.
For
there
is
as
good
reason
that
a
minister
should
be
forbidden
to
preach
in
his
owne
cure
,
as
in
another
mans
,
if
he
be
not
able
to
deliuer
sound
doctrine
in
that
forme
,
as
such
high
mysteries
ought
alwaies
and
in
all
places
to
be
handled
.
The
other
argument
brought
in
the
last
place
,
Whereas
(
in
king
Henrie
the
fourths
time
)
restraints
were
made
for
preaching
,
and
yet
none
were
forbidden
to
preach
in
their
owne
parishes
;
that
therefore
in
their
owne
cures
none
now
are
or
ought
to
be
forbidden
:
is
a
verie
féeble
reason
.
First
,
there
is
a
great
difference
betwixt
Not
licenced
and
forbidden
.
Againe
,
Viueudum
est
,
we
must
liue
according
to
our
owne
lawes
now
,
and
not
by
examples
forepast
.
Further
it
commeth
néerest
to
a
reason
A
simili
,
but
then
it
should
conclude
,
that
as
they
ought
not
,
so
neither
ought
we
.
And
not
thus
,
They
did
not
forbid
it
,
therefore
we
may
not
forbid
it
.
And
here
also
he
driueth
vs
like
water
spaniels
to
séeke
out
once
againe
,
where
we
may
find
that
,
which
perhaps
he
was
not
willing
we
should
hit
of
.
But
first
I
would
obserue
,
if
it
were
not
vsuall
with
him
Theonino
dente
rodere
,
his
disloiall
and
vndutifull
carping
at
hir
Maiestie
and
hir
lawes
,
where
he
saith
:
The
verie
same
lawes
were
established
Distoiall
speech
against
hir
Maiestie
.
against
Wickliffe
and
his
brethren
to
staie
the
course
of
the
gospell
:
hauing
spoken
afore
immediatlie
of
hir
Highnesse
iniunctions
.
Secondarilie
I
find
by
the
perusall
of
the
[
](A19392-e82740-b)*
*
Const.
prou.
1.
de
haereticis
verb.
si
tamen
.
constitution
it selfe
,
that
he
hath
cut
it
off
by
the
waste
,
in
that
which
most
directlie
maketh
against
him
.
For
in
the
next
words
following
his
first
allegation
,
is
adioined
an
exception
,
whereby
(
vpon
occasion
)
beneficed
persons
may
by
the
Bishop
be
inhibited
or
suspended
from
preaching
or
expounding
euen
in
their
owne
cures
.
And
if
it
were
not
so
,
then
this
being
but
a
prouinciall
constitution
,
which
cannot
derogate
from
the
canon
law
,
afore
in
this
section
alledged
by
our
author
,
should
be
meerelie
void
.
Yet
to
make
it
more
plaine
,
what
great
doughtie
sermons
these
were
,
which
beneficed
persons
in
their
owne
cures
were
(
in
this
great
restraint
pretended
)
suffered
to
vtter
:
Forsooth
they
were
nothing
but
that
shallowe
paraphrase
[
](A19392-e82750-b)*
*
Const.
prou.
ignorantia
sacerdotum
de
off
.
Archipresbyteri
.
afore
spoken
of
,
which
they
might
simplie
conne
without
booke
,
and
preach
to
their
people
,
but
they
might
wade
no
further
as
appeareth
in
this
[
](A19392-e82760-b)*
*
ibid.
§.
sacerdotes
.
selfe-same
constitution
.
And
therefore
this
is
farre
inough
from
giuing
any
authoritie
to
all
ministers
to
intermeddle
with
preaching
,
without
further
licence
than
their
ordination
to
the
ministerie
.
The
obiection
,
which
to
this
purpose
against
the
author
might
be
brought
out
of
the
aduertisements
,
he
handleth
as
Alexander
did
Gordius
knot
,
which
bicause
he
could
not
handsomlie
vntie
,
he
hewed
it
in
sunder
with
his
sword
.
And
so
dooth
he
,
by
denieng
the
authoritie
of
them
,
bicause
they
are
not
with
priuiledge
,
nor
printed
by
the
Quéenes
printer
,
although
they
were
commanded
by
hir
Maiesties
expresse
letters
.
And
is
any
man
to
surmise
,
that
those
reuerend
and
wise
Fathers
,
who
subscribed
vnto
the
said
booke
of
aduertisements
,
would
or
durst
publish
them
in
hir
Maiesties
name
,
and
as
by
hir
Highnesse
authoritie
and
letters
,
dafed
such
a
certeine
daie
,
if
it
were
not
so
:
or
that
they
would
enterprise
to
forbid
or
restraine
that
which
the
law
had
so
exactlie
charged
and
commanded
,
as
this
man
dreameth
?
But
it
is
the
guise
of
little
children
,
where
they
cannot
read
,
there
to
skip
ouer
.
But
this
matter
is
clearelie
determined
by
a
later
[
](A19392-e82790-b)*
*
13.
Elizab.
cap.
12.
statute
than
all
these
,
which
yéeldeth
a
preheminence
(
excluding
all
others
)
vnto
a
preacher
lawfullie
allowed
by
some
Bishop
within
this
realme
,
or
by
one
of
the
vniuersities
of
Cambridge
or
Oxenford
,
to
haue
a
benefice
of
thirtie
pounds
a
yeare
in
the
Quéenes
bookes
,
in
like
sort
as
a
bacchelor
of
divinitie
by
the
said
statute
may
haue
.
Now
if
euerie
one
ordeined
a
minister
by
a
Bishop
,
were
thereby
by
the
secret
operation
of
law
,
admitted
withall
a
preacher
by
the
said
Bishop
,
then
were
this
no
prerogatiue
to
a
bacchelor
of
diuinitie
or
to
a
preacher
,
when
as
euerie
minister
should
be
as
capable
of
a
benefice
of
that
value
as
they
,
and
so
the
statute
should
be
absurde
and
elusorie
.
23.
Section
.
Pag.
47
,
48
,
49
,
50
,
51
,
52
,
53
HAuing
had
so
hard
hap
with
particular
proofes
,
he
héere
commeth
to
a
generall
reason
or
presumption
.
Bicause
Statutes
in
doubtfull
points
are
to
be
interpreted
by
the
common
lawe
,
and
so
that
they
may
as
little
preiudice
the
same
as
may
be
,
and
for
that
the
calling
,
triall
,
examination
,
and
qualities
required
,
are
spoken
of
about
making
deacons
and
ministers
without
particular
mention
of
what
sort
of
calling
,
triall
,
examination
,
or
qualities
,
and
for
that
the
makers
of
the
Act
were
men
desirous
to
promote
the
glorie
of
God
,
therefore
such
calling
,
triall
,
examination
and
qualities
are
ment
,
as
are
requisite
to
be
in
those
two
callings
by
the
law
of
God
:
which
he
prooueth
also
to
be
likelie
By
the
praiers
and
places
of
scripture
vsed
in
that
action
.
Touching
his
conclusion
,
I
can
easilie
assent
vnto
it
.
If
this
withall
be
vnderstood
,
that
if
either
in
this
forme
of
ordering
,
or
in
any
other
forme
in
any
reformed
church
,
euerie
speciall
circumstance
vsed
,
be
not
Modo
&
forma
found
in
the
word
of
God
,
as
indeed
it
is
not
possible
,
yet
notwithstanding
if
nothing
therein
be
repugnant
Articles
of
religion
.
art.
34.
to
the
word
of
God
,
that
it
may
and
ought
to
be
accompted
in
this
action
,
and
all
other
of
externall
policie
,
to
be
agrèeable
and
according
vnto
it
,
and
to
be
that
which
is
required
by
the
law
of
God
:
yet
the
conclusion
followeth
not
of
those
premisses
,
for
he
should
haue
inferred
,
that
such
calling
,
triall
,
&c:
is
vnderstood
as
the
common
law
dooth
set
downe
.
Now
as
touching
the
qualities
required
in
a
priest
or
minister
by
the
canon
law
,
which
is
the
common
law
ecclesiasticall
,
no
such
matter
of
preaching
is
required
of
him
,
nor
no
necessarie
tieng
vp
of
the
deacon
onelie
to
reading
of
homilies
.
Ad
[
](A19392-e82910-b)*
*
c
perlectis
§.
ad
presbyterum
dist.
25.
presbyterum
,
To
a
priest
(
saith
the
canon
)
it
belongeth
to
performe
the
sacrifice
of
the
bodie
and
bloud
of
the
Lord
on
the
altar
of
God
,
to
praie
,
and
to
blesse
the
gifts
of
God
.
As
concerning
his
allegation
out
of
Panormitane
,
there
is
no
such
chapter
in
that
title
,
wherevpon
he
might
write
:
yet
I
find
in
him
vpon
the
said
title
this
conclusion
,
that
The
[
](A19392-e82970-b)*
*
Abb.
in
c.
cum
dilectus
Ext.
de
consuetudine
.
words
of
a
statute
ought
to
be
construed
either
most
largelie
or
most
strictlie
,
to
the
intent
that
the
correction
of
the
common
law
may
be
auoided
by
such
interpretation
.
Yet
this
moderation
,
as
the
law
else-where
teacheth
vs
,
that
[
](A19392-e82990-b)*
*
Ibid.
§.
in
gl
.
ver.
nec
iuri
.
per
l.
2.
c.
de
noxal
.
&
per
Bart.
in
l.
omnes
populiff
.
de
iustitia
&
iure
.
Where
the
words
are
euident
,
there
we
ought
not
to
take
an
vnproper
sense
of
them
,
to
the
intent
to
reduce
them
to
the
common
law
,
but
where
they
are
doubtfull
or
haue
a
double
vnderstanding
,
whereof
the
one
is
proper
,
and
the
other
vnproper
,
then
we
ought
to
take
in
interpreting
euen
the
vnproper
sense
,
that
by
it
we
may
swarue
so
little
as
may
be
from
the
common
law
.
But
in
such
maner
also
,
As
[
](A19392-e83010-b)*
*
Abb.
in
c.
cum
dilectus
Ext.
de
consuetud
.
that
we
swarue
not
from
that
sense
which
custome
yeeldeth
,
although
by
somthing
happening
afterward
,
it
should
appeare
that
such
sense
were
not
good
:
bicause
custome
hath
a
power
of
interpreting
,
of
derogating
and
of
imitating
,
whereby
it
supplieth
where
law
faileth
.
So
that
I
would
gladlie
learne
what
words
are
so
doubtfull
,
or
of
so
diuers
significations
in
any
of
our
statutes
or
in●unctions
,
touching
the
authorising
of
euerie
minister
without
further
licence
to
preach
,
and
barring
him
from
reading
homilies
,
as
that
for
auoiding
of
a
contrarietie
betwixt
them
and
the
canon
law
,
and
for
the
reteining
of
the
vsuall
meaning
of
them
,
which
the
custome
of
this
church
hath
yèelded
,
we
should
be
forced
to
follow
our
authors
fansies
herein
:
naie
the
custome
of
this
church
(
I
am
sure
)
he
will
not
denie
,
but
that
it
is
against
him
.
Moreouer
one
of
his
chèefest
assumpts
,
to
wit
,
That
no
kind
of
particular
calling
,
triall
or
examination
is
set
downe
by
the
said
booke
so
by
act
of
parlement
confirmed
,
is
vtterlie
vntrue
.
For
the
preface
of
the
booke
saith
An
b●truth
.
thus
:
It
is
requisite
that
no
man
shall
execute
anie
of
the
said
offices
(
not
being
at
that
present
time
,
Bishop
,
priest
,
nor
deacon
)
except
he
be
called
,
tried
,
examined
,
and
admitted
according
to
the
forme
hereafter
following
.
And
if
so
be
that
none
of
these
be
specified
or
declared
in
particular
Pag.
7
6.
&
sic
deincep●
(
as
he
here
affirmeth
)
why
dooth
he
kèepe
such
hot
schooles
a
little
after
,
sèeking
to
prooue
that
they
are
no
ministers
nor
deacons
indèed
by
law
,
which
haue
not
bèene
made
according
to
this
exact
forme
of
calling
,
triall
,
examination
,
&
c.
?
But
to
what
purpose
dooth
he
bring
this
reason
,
except
he
would
haue
shewed
vs
withall
,
what
that
Calling
,
triall
,
examination
and
qualities
be
,
which
he
supposeth
to
be
required
by
the
law
of
God
,
and
which
They
the
Bishops
,
(
whome
as
I
take
it
he
meaneth
)
by
waie
of
supposall
are
by
him
indirectlie
charged
to
haue
broken
?
Naie
,
he
supposeth
In
them
vnfaithfulnesse
to
the
Lord
,
accompting
his
waies
not
the
best
waies
,
nor
his
counsels
not
the
wisest
counsels
,
that
they
haue
set
the
consultations
of
the
grauest
senators
,
and
wisest
counsellours
,
and
cheefest
rulers
of
the
land
behind
their
backs
,
that
they
make
their
will
a
law
,
and
that
they
are
not
ruled
by
reason
.
Truelie
if
these
his
crooked
,
virulent
,
and
contemptuous
accusations
of
such
men
,
reaching
so
high
as
to
charge
them
with
apostasie
,
and
these
mutinous
sèeds
of
dissention
sowne
betwixt
them
and
other
great
men
of
the
land
,
be
to
be
tolerated
in
a
published
and
printed
libell
,
though
they
were
true
and
iustifiable
;
then
I
doo
not
sèe
,
but
that
euerie
other
lewd
disposed
person
will
take
the
like
boldnesse
vpon
any
discontentment
,
to
whet
his
dog
eloquence
vpon
any
the
best
and
best
deseruing
within
this
common-wealth
.
For
Psal.
64
,
3.
they
haue
whet
their
toong
like
a
sword
,
and
shot
foorth
their
arrowee
bitter
words
.
Therefore
we
will
praie
with
the
prophet
,
Let
the
lieng
lips
be
made
dumbe
,
which
cruellie
,
Psal.
31
,
18.
proudlie
,
and
spightefullie
speake
against
the
righteous
:
and
deliuer
our
soules
(
D
Lord
)
from
lieng
lips
,
and
from
Psal.
120.
a
deceitfull
toong
,
which
is
as
the
coles
of
iuniper
.
24.
Section
.
Pag.
53
,
54.
OUr
author
omitting
to
declare
vnto
vs
the
Maner
of
calling
,
&c:
of
ministers
and
deacons
,
which
is
required
by
the
law
of
God
,
and
required
also
by
the
law
of
this
land
(
as
he
telleth
vs
)
and
leauing
it
to
the
dèepe
considerations
of
such
as
know
his
meaning
,
if
he
doo
but
gape
vpon
them
,
dooth
in
this
section
intreate
of
Another
maner
of
calling
and
triall
by
other
positiue
lawes
required
,
charging
the
Bishops
,
euen
by
their
owne
records
,
to
haue
neuer
or
verie
seldome
vsed
any
of
them
.
So
that
sèeing
he
exacteth
of
them
in
this
action
,
first
●bs●●●ditie
in
the
authors
platforme
.
the
obseruation
of
the
booke
for
the
forme
and
maner
of
procèeding
therein
,
next
the
calling
,
triall
and
examination
required
by
the
law
of
God
,
and
lastlie
now
another
maner
of
calling
required
by
other
positiue
lawes
:
it
had
beene
mèet
that
either
he
would
haue
set
downe
all
these
threè
forms
to
be
one
,
and
to
agrèe
in
euerie
circumstance
,
or
else
to
haue
prescribed
vnto
them
,
which
of
the
thrèe
they
should
vse
,
that
so
they
might
auoid
his
high
displeasure
and
indignation
against
them
.
And
I
would
he
had
vouchsafed
to
let
himselfe
so
much
downe
,
as
to
haue
told
vs
where
these
positiue
lawes
which
he
alledgeth
are
written
,
[
](A19392-e83230-b)*
*
Dist.
24.
c.
quando
Ep●●s
.
being
indèed
the
canon
lawe
conteined
in
the
decrees
.
Wherein
I
find
a
difference
from
the
forme
by
act
established
,
which
appointed
the
Archdeacon
to
examine
and
present
those
which
are
to
be
ordered
:
Whereas
here
The
elders
Vide
sect.
26.
&
sect.
40.
indeed
priests
are
to
present
,
and
certeine
ministers
and
others
skilfull
are
to
trie
and
examine
them
.
The
forme
of
calling
,
which
these
positiue
lawes
that
he
speaketh
of
,
doo
meane
,
is
nothing
(
as
he
saith
)
But
a
proces
to
be
fixed
vpon
the
cathedrall
church
doores
,
or
a
proclamation
by
an
apparitor
the
fourth
daie
before
the
ordination
,
signifieng
that
such
a
daie
the
Bishop
will
make
deacons
or
ministers
,
warning
such
to
be
present
as
will
offer
themselues
meet
men
for
that
seruice
.
If
this
be
true
,
and
also
,
that
Three
daies
together
they
are
to
be
examined
before
the
daie
of
ordination
,
truelie
they
haue
but
Skarborough
warning
so
suddenlie
to
be
called
euen
the
first
daie
whereon
they
are
to
be
examined
.
But
he
saith
this
Maner
of
calling
is
also
commanded
by
the
booke
though
briefelie
,
in
these
words
;
When
the
daie
appointed
by
the
Bishop
is
come
:
certeinlie
he
had
nèed
to
haue
a
head
full
of
proclamations
,
that
can
picke
out
of
these
words
such
a
solemne
calling
or
proclamation
.
But
whie
dooth
he
not
also
tell
vs
whether
of
the
two
,
or
whether
both
of
them
be
ment
by
this
law
,
that
is
to
saie
,
the
intimation
vpon
the
church
doore
,
or
the
apparitors
proclamation
?
And
where
the
articles
of
religion
doo
determine
,
That
none
may
take
vpon
him
the
office
of
publike
preaching
or
ministring
the
sacraments
in
the
congregation
,
before
he
be
lawfullie
called
and
sent
to
execute
the
same
:
vnderstanding
hereby
the
whole
action
Dotable
wresting
and
falsification
.
of
externall
vocation
,
which
he
restraineth
to
the
letters
of
intimation
,
or
to
the
apparitors
proclamation
,
whereby
signification
is
giuen
of
the
daie
of
solemne
giuing
of
orders
:
he
dooth
heerein
notablie
abuse
the
patience
of
his
readers
,
whome
he
thinketh
verie
sottish
,
if
they
can
make
no
difference
betwixt
these
two
kinds
of
callings
.
But
as
no
man
denieth
,
but
that
it
is
requisite
some
publike
notice
should
be
giuen
a
conuenient
time
before
anie
solemne
daie
of
generall
ordination
prefixed
doo
come
,
to
the
intent
(
as
he
saith
)
men
méet
for
that
seruice
may
then
and
there
offer
themselues
:
so
if
héereby
he
will
sucke
any
matter
to
obiect
against
such
Bishops
,
who
vpon
especiall
occasions
,
and
with
more
due
triall
and
examination
than
can
be
had
,
where
such
a
confused
multitude
at
once
must
be
run
ouer
,
doo
laie
their
handes
vpon
one
or
two
well
knowne
vnto
them
,
without
any
such
solemne
notifieng
thereof
,
he
shall
rather
hereby
argue
his
spitefull
stomach
against
them
,
than
anie
care
he
hath
of
reformation
or
obseruation
of
law
,
which
he
dooth
pretend
sometimes
,
when
it
séemeth
to
accord
with
his
humor
.
For
it
is
notorious
,
that
such
of
the
Bishops
as
haue
kept
that
course
,
haue
sent
abroad
more
sufficient
preachers
,
and
fewer
of
meane
gifts
haue
escaped
their
hands
,
than
possiblie
can
be
performed
at
those
generall
ordinations
.
And
dooth
not
our
author
himselfe
dissallow
in
a
whole
treatise
,
as
Vnlawfull
,
Contrarietie
.
to
ordeine
a
minister
without
a
title
?
which
platforme
can
no
waie
stand
with
this
generall
publication
of
orders
,
for
all
commers
found
méet
therevnto
,
without
respect
of
hauing
or
not
hauing
anie
place
void
in
the
diocesse
allotted
foorth
vnto
them
?
Conueniet
nulli
,
qui
secum
dissidet
ipsi
.
25.
Section
.
Pag.
54
,
55
,
56
,
57.
IN
this
section
,
conteining
the
maner
of
triall
and
examination
of
such
as
are
to
be
ordered
,
I
doo
obserue
(
though
not
so
fauourablie
dealt
with
as
to
knowe
by
him
)
what
warrant
his
first
allegation
[
](A19392-e83420-b)*
*
c.
quando
Epūs
dis
.
24
hath
,
and
whence
he
borrowed
it
;
that
this
exact
triall
which
the
canon
setteth
downe
,
dooth
not
require
in
specialtie
such
perfection
of
learning
,
whereby
the
partie
to
be
ordered
must
of
necessitie
be
thought
worthy
to
preach
,
which
is
the
principall
issue
by
the
author
to
be
prooued
,
and
that
it
prescribeth
saturdaie
for
ordinations
.
Also
vpon
the
words
of
the
constitution
of
Otho
.
requiring
a
search
&
inquisition
to
be
made
by
the
Bishop
,
our
author
hath
gathered
Wresting
of
law
.
a
scrutinie
to
be
required
,
that
by
taking
of
voices
in
allowance
or
dissallowance
of
the
parties
to
be
elected
,
which
is
the
nature
of
a
scrutinie
,
he
might
belike
transubstantiate
the
Bishops
inquirie
into
some
popular
election
of
their
ministers
.
And
it
séemeth
for
that
end
also
he
did
bring
the
comparison
of
procéedings
in
the
Uniuersities
,
whereby
he
might
insinuate
,
that
as
the
Uicechancelor
there
dooth
but
in
the
name
&
behalfe
of
the
greater
part
of
the
regents
of
that
facultie
which
haue
yéelded
their
suffrages
,
admit
the
graduate
presented
;
so
the
Bishop
should
be
thought
to
haue
no
further
authoritie
,
but
to
admit
such
as
the
electors
and
examinors
haue
allowed
as
fit
men
for
that
calling
.
For
although
it
was
easie
for
him
to
espie
many
other
differences
,
yet
he
obserueth
but
this
variance
onelie
betwixt
the
trials
vsed
in
conferring
degrées
in
the
Uniuersities
,
and
in
conferring
of
orders
,
that
the
triall
and
Examination
at
giuing
orders
consisteth
in
the
interrogatories
,
betweene
the
Bishop
demanding
and
the
partie
answering
.
But
no
such
matter
is
ment
,
as
to
prescribe
an
electiue
scrutinie
,
which
he
would
insinuate
,
but
onelie
a
scrutinie
or
inquisition
,
which
the
[
](A19392-e83470-b)*
*
Gl●bidem
in
verb.
ante
.
glosse
therfore
calleth
Scrutinium
examinatorium
,
and
the
text
Indagatio
diligens
,
that
is
,
a
diligent
inquirie
.
Which
examination
both
in
this
constitution
,
and
in
the
glosse
vpon
the
decretall
by
him
alledged
,
mentioned
:
is
not
so
necessarie
and
substantiall
a
solemnitie
,
but
that
it
may
be
omitted
vpon
occasion
,
euen
as
well
as
it
may
be
committed
vnto
others
besides
the
Archdeacon
as
we
sée
heere
.
Although
our
author
forgetting
what
here
he
had
said
,
dooth
afterwards
vrge
such
a
necessitie
in
the
archdeacons
presentation
of
ministers
vnto
the
Bishop
,
which
is
grounded
vpon
,
and
is
but
the
effect
of
examination
:
as
though
he
could
be
no
minister
which
were
not
so
presented
.
For
the
glosse
by
warrant
of
law
here
teacheth
(
as
is
by
other
places
also
else-where
shewed
vpon
the
like
occasion
)
that
[
](A19392-e83500-b)*
*
Gl.
ibidem
in
verbo
indagatio
.
per
c.
constitutus
,
Ext.
de
appellationibus
.
This
examination
is
not
required
to
be
done
,
but
towards
them
that
are
vnknowne
to
the
examiners
.
And
for
his
capablenesse
in
respect
of
his
birth
,
good
fame
,
and
such
like
,
the
same
glosse
saith
,
the
letters
testimoniall
doo
suffice
.
And
vpon
this
consideration
the
preface
of
the
booke
of
ordering
,
dooth
speake
disiunctiuelie
,
and
not
simplie
as
our
author
vntrulie
here
alledgeth
,
that
The
Bishop
knowing
either
by
himselfe
,
or
by
sufficient
testimonie
,
anie
person
to
be
of
vertuous
conuersation
,
and
without
crime
,
may
admit
him
,
&c.
And
therefore
,
whereas
therevpon
he
néedleslie
speaketh
to
prooue
by
a
similitude
,
that
this
must
be
a
further
notice
than
of
the
outward
feature
and
lineaments
of
his
bodie
;
he
dooth
but
labour
in
vaine
,
as
the
man
who
share
his
hog
,
and
had
thereby
much
crie
,
but
small
wooll
.
For
although
the
booke
doo
mention
in
the
Bishop
a
knowledge
of
him
that
is
to
be
ordered
to
be
of
vertuous
conuersation
,
and
without
crime
,
and
that
either
by
himselfe
or
sufficient
testimonie
,
which
cannot
be
stretched
vnto
his
cunning
and
meetnes
(
as
this
man
dooth
)
to
execute
his
ministerie
:
yet
is
the
knowledge
of
his
abilitie
also
required
,
and
is
to
be
knowne
,
as
in
the
same
place
is
prescribed
by
the
triall
and
examination
that
is
to
be
made
of
his
learning
.
And
therefore
his
similitude
to
this
end
,
that
a
man
chooseth
not
a
schoolemaister
for
his
honestie
onelie
,
but
for
his
learning
also
,
as
it
dependeth
not
of
his
former
spéeches
,
so
it
serueth
to
no
purpose
,
but
to
leaue
an
impression
of
conceit
,
that
the
contrarie
to
this
is
practised
by
the
Bishops
.
26.
Section
.
Pag.
57
,
58.
THe
other
circumstance
of
admitting
into
orders
,
In
the
face
of
the
church
,
mentioned
in
the
preface
,
is
sufficientlie
expounded
in
other
passages
within
the
bodie
of
the
said
booke
,
by
the
phrases
of
the
Clearkes
and
people
present
:
in
the
presence
of
the
people
,
and
by
the
word
of
Congregation
.
So
that
our
author
shall
hardlie
be
able
to
Instruct
vs
,
as
in
this
section
and
thrée
other
following
he
laboureth
to
doo
,
that
vnder
the
generalitie
Pag.
62.
of
this
word
he
may
establish
An
interest
to
be
due
to
all
the
faithfull
people
in
the
land
,
for
the
choise
and
allowance
of
their
pastors
:
when
as
euerie
nouice
can
tell
him
,
that
though
by
the
law
of
this
land
,
marriages
also
are
to
be
solemnized
In
the
face
of
the
church
:
yet
hereby
cannot
be
inferred
that
all
the
people
present
haue
an
interest
of
assent
or
dissent
in
euerie
mans
marriage
.
And
as
there
the
presence
of
the
congregation
is
not
materiall
,
otherwise
than
for
the
fuller
testification
of
the
marriage
,
for
their
ioint
praiers
to
God
for
them
,
and
for
to
obiect
impediment
if
they
know
any
:
euen
so
,
and
for
no
other
end
,
it
will
appeare
to
be
required
,
that
ordinations
of
ministers
be
made
in
the
face
of
the
church
.
And
although
in
some
but
not
in
all
reformed
churches
(
the
precedents
whereof
he
obiecteth
vnto
vs
else-where
)
some
slender
shadow
of
popular
approbation
be
reteined
in
the
ordering
of
the
ministers
;
yet
I
doo
thinke
verelie
,
that
in
no
church
the
whole
number
of
the
people
are
permitted
to
haue
a
frée
election
of
their
pastor
,
as
this
man
would
faine
establish
here
amongst
vs
.
The
reasons
,
wherevpon
in
this
section
he
groundeth
his
assertion
,
are
all
(
sauing
one
out
of
the
ciuill
law
in
the
Authentikes
)
taken
out
of
Gratians
rapsodies
.
The
two
first
whereof
doo
speake
not
of
Any
election
or
approbation
of
the
people
,
but
that
which
the
Councell
of
the
clergie
,
and
the
testimonie
of
the
people
,
or
in
the
presence
of
manie
by-standers
,
ministers
were
then
to
be
ordeined
.
Neither
yet
dooth
the
first
of
them
speake
simplie
of
Counsell
of
the
cleargie
or
testimonie
of
the
people
to
be
had
in
ordinations
;
but
onelie
then
,
when
as
the
examination
required
in
the
said
place
is
omitted
.
And
therefore
this
abuise
of
his
clearkes
,
and
the
good
testimonie
of
the
people
,
the
Bishop
is
but
to
vse
in
steed
of
examination
,
as
appeareth
by
that
Particula
aduersatiua
,
Otherwise
let
not
a
Bishop
ordeine
any
,
&c.
And
by
the
glosse
vpon
the
same
place
,
which
saith
,
Otherwise
,
that
is
to
saie
,
If
they
be
not
examined
by
the
clearkes
attendant
about
the
Bishop
,
or
else
tried
by
the
good
testimonie
of
the
people
.
And
another
[
](A19392-e83740-b)*
*
Glain
conullus
dest
.
24.
glosse
gathereth
thus
;
Heere
you
haue
a
proofe
that
the
testimonie
of
the
people
is
equiualent
vnto
examination
,
wherevpon
we
may
note
,
that
it
is
sometimes
sufficient
for
a
clearke
that
is
to
be
ordered
,
if
he
be
of
good
fame
.
Which
may
also
appeare
[
](A19392-e83760-b)*
*
c.
de
Petro
dist.
47.
pag.
70.
dist.
75.
c.
2.
ordinati●nes
.
hereby
,
that
such
as
be
knowne
,
are
not
to
be
examined
,
but
those
that
are
unknowne
.
The
second
allegation
,
which
onelie
speaketh
of
the
presence
of
manie
by-standers
,
is
not
aright
quoted
,
for
the
number
of
the
page
(
as
it
is
in
some
prints
)
is
taken
by
him
for
the
number
of
the
distinction
.
The
fift
allegation
also
left
by
him
without
quotation
,
but
taken
indéed
out
of
the
chapter
Vota
63.
dist
.
speaketh
no
further
than
of
requests
and
testimonie
of
the
people
to
be
had
in
this
action
,
and
leaueth
the
election
onelie
to
the
cleargie
.
To
which
also
agréeeth
that
[
](A19392-e83780-b)*
*
c.
non
lice
:
dist.
63.
canon
which
saith
,
It
is
not
lawfull
for
the
people
to
make
election
of
such
as
are
to
be
promoted
to
priesthood
,
but
let
it
be
referred
to
the
iudgement
of
the
Bishops
that
they
may
trie
,
whether
such
is
taught
in
word
,
in
faith
and
spirituall
conuersation
.
And
here
vpon
is
inferred
this
;
By
all
these
authorities
laie
men
are
excluded
from
choosing
of
priests
,
and
a
necessitie
of
obeieng
,
and
not
a
libertie
of
commanding
is
inioined
.
And
the
[
](A19392-e83810-b)*
*
Gl.
ibidem
ver.
contra
c.
nosse
&c.
●●m
nossed
.
glosse
reconciling
other
places
,
which
in
shew
séeme
repugnant
to
this
,
saith
,
It
is
to
be
holden
that
laie
men
ought
to
be
present
,
not
to
elect
,
but
to
yeeld
consent
.
His
third
and
fourth
allegation
go
something
further
,
and
doo
require
the
assent
and
allowance
of
the
citizens
.
The
former
of
them
is
left
without
quotation
;
the
second
our
author
hath
a
little
helped
(
as
crastie
companions
doo
true
dice
)
by
translating
Conniuentiam
&
testimonium
ciuium
,
The
allowance
and
good
liking
of
the
citizens
.
Whereas
in
truth
Conniuentia
is
when
a
man
séeth
well
inough
what
is
done
,
and
is
content
not
to
oppose
himselfe
,
but
to
winke
at
it
:
and
by
Testimonie
,
as
was
afore
shewed
foorth
of
the
glosse
,
is
nothing
else
vnderstood
,
but
a
good
name
and
report
amongst
men
.
And
where
he
vpon
these
dooth
strait-waies
leape
for
a
conclusion
,
That
these
texts
and
manie
other
mo
,
doo
all
affirme
that
elections
and
ordinations
must
be
made
by
citizens
in
the
first
place
,
And
priests
or
clarkes
in
the
plurall
number
,
and
willeth
vs
to
Note
it
:
we
must
tell
him
that
he
leapeth
short
,
and
that
we
note
Quò
haec
not
a
non
valet
.
For
he
manifestlie
herein
falsifieth
his
owne
allegations
,
which
all
doo
referre
the
ordaining
to
the
Bishop
but
with
assent
,
or
this
or
that
allowance
of
some
others
.
And
I
thinke
in
the
proper
and
most
vsuall
signification
of
ordination
and
imposition
of
hands
,
it
is
not
to
be
shewed
,
that
any
laie
man
had
euer
anie
intermedling
therewith
,
which
some
of
their
chéefest
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
doo
also
grant
.
And
where
in
the
sixt
place
by
waie
of
preoccupation
,
he
goeth
about
to
prooue
that
These
are
not
spoken
of
the
cheefe
priest
of
euerie
diocesse
which
is
the
Bishop
,
though
it
be
not
denied
by
any
:
yet
assuredlie
,
the
place
whereby
he
would
prooue
it
is
onelie
to
be
understood
of
the
Bishop
and
the
canon
,
is
thus
:
He
shall
be
no
priest
hencefoorth
,
whome
neither
cleargie
nor
the
people
of
his
owne
citie
dooth
choose
.
But
he
thought
to
prouide
saselie
for
himselfe
herein
not
to
be
espied
,
and
therefore
quoteth
the
64.
distinction
c.
qui
in
aliquo
§.
sed
nec
ille
dist.
51.
in
stéed
of
51.
and
the
Chapter
Si
fortè
,
which
is
not
there
to
be
found
.
The
summarie
gathered
vpon
the
said
chapter
,
Qui
in
aliquo
,
the
glosse
throughout
:
yea
,
and
the
whole
chapter
requiring
the
age
and
other
qualities
,
peculiarlie
by
the
canons
looked
for
in
Bishops
,
and
the
word
Episcopus
there
vsed
,
doo
all
prooue
a
Bishop
indéed
,
and
not
any
inferiour
minister
there
to
be
vnderstood
.
And
so
did
the
whole
parlement
of
Paris
take
it
in
the
31.
article
of
their
defense
for
the
libertie
of
the
church
of
France
.
And
he
himselfe
affirmesh
that
there
were
congregations
in
the
countrie
,
where
there
was
by
likelihood
none
of
the
cleargie
,
but
one
minister
,
and
it
must
néeds
be
,
that
there
were
ministers
to
be
placed
in
other
places
belives
cities
.
And
it
is
yet
made
more
manifest
by
another
disiunctiue
following
,
Or
else
the
authoritie
of
the
metropolitane
,
or
the
assent
of
the
comprouinciall
priests
haue
not
tried
;
both
which
dooth
make
it
plaine
to
be
vnderstood
onelie
of
Bishops
.
Where
it
is
not
also
to
be
omitted
,
that
the
election
there
spoken
of
in
the
disiunctive
(
wherein
if
either
part
be
true
,
the
whole
proposition
is
true
)
dooth
ouerthrow
the
election
he
speaketh
of
by
citizens
.
For
thereby
it
seemeth
sufficient
as
to
that
point
,
if
either
the
cleargie
,
or
the
people
of
the
citie
do
make
that
choise
.
Pag.
16
That
which
he
bringeth
last
out
of
the
Autentikes
,
I
haue
answered
afore
,
that
it
is
not
to
be
found
either
in
the
edition
of
Haloander
,
or
the
Gréeke
or
Latine
set
foorth
vp
Contius
,
yet
it
maketh
directlie
against
him
:
for
if
he
doo
thinke
this
constitution
to
be
law
with
vs
,
and
conuenient
to
be
vsed
,
that
Where
an
vnworthie
minister
is
chosen
by
other
,
there
the
most
holie
Bishop
may
ordeine
whome
he
shall
thinke
best
:
then
in
some
case
one
man
alone
may
ordaine
and
choose
a
minister
without
approbation
of
the
people
,
and
the
Bishop
shall
hereby
have
as
absolute
a
stroke
to
reiect
or
reprooue
a
minister
,
as
he
hath
alreadie
.
But
I
would
of
all
these
varieties
of
iudgements
in
diuerse
canons
,
our
author
would
haue
signified
which
of
them
we
must
hold
for
law
,
for
all
,
being
so
discrepant
,
cannot
be
.
Whether
it
must
be
onelie
In
the
presence
of
manie
by-standers
,
or
at
the
request
of
the
people
,
or
with
the
testimonie
of
them
,
or
with
their
aduise
or
assent
,
or
else
by
their
election
and
vaices
.
But
if
by
waie
of
admittance
it
should
be
said
,
that
these
old
canons
were
as
direct
as
he
would
haue
them
,
yet
they
cannot
any
waie
serue
his
turne
.
For
he
must
first
prooue
that
they
are
not
repugnant
vnto
the
customes
of
this
realme
,
and
shew
vs
how
they
haue
béene
vsed
and
executed
here
before
the
making
of
the
statute
25.
H.
8.
yet
he
can
saie
they
are
by
law
established
amongst
vs
.
Naie
,
if
euen
then
they
had
béene
in
vse
,
yet
are
they
countermanded
and
reuersed
now
,
by
another
course
of
ordering
of
ministers
set
downe
in
the
booke
for
that
purpose
,
wherein
no
such
forme
is
prescribed
.
And
he
himselfe
affirmeth
often
in
this
treatise
,
that
they
are
no
lawfull
ministers
,
yea
no
ministers
at
all
in
this
church
of
England
,
that
are
not
ordered
according
to
the
exact
forme
of
that
booke
.
But
if
he
will
saie
that
this
popular
approbation
and
election
,
(
as
he
plainelie
afterwards
inforceth
)
is
the
forme
by
law
Pag.
62.
factious
doctrine
deliuered
by
the
Abstractor
.
required
,
then
haue
we
(
by
his
owne
do●rine
)
no
ministers
at
all
in
this
church
,
for
we
haue
none
that
haue
béene
so
chosen
.
Yea
then
his
o●vne
clients
,
who
to
enable
themselues
to
take
liuings
ecclesiasticall
according
to
law
,
will
be
contented
to
be
ordered
by
a
Bishop
according
to
the
booke
,
which
they
neuerthelesse
hold
to
be
a
calling
against
the
word
of
God
,
shall
thus
be
left
wholie
without
calling
and
ministerie
,
and
by
his
and
their
owne
iudgements
are
to
be
taken
for
intrudors
.
And
if
this
plat
of
popularitie
,
be
not
the
forme
of
ordering
ministers
,
which
the
lawe
and
the
booke
dooth
establish
,
then
with
what
conscience
dooth
he
so
vrge
it
in
this
place
,
who
dooth
so
rigorouslie
in
other
places
exact
the
obseruation
of
euerie
tittle
in
the
booke
?
But
I
will
not
runne
into
this
common
place
to
shew
all
the
absurdities
,
inconueniences
,
and
impo●●bilities
of
it
,
or
the
iudgement
of
elder
and
later
Diuines
,
being
without
my
reach
,
or
the
practise
of
other
churches
,
which
all
are
learnedlie
handled
Pro
&
contra
by
others
purposelie
intreating
hereof
,
to
which
I
remit
the
reader
for
further
resolution
.
I
will
onlie
put
this
great
canonist
in
mind
of
the
13.
chapter
of
the
councell
of
[
](A19392-e84130-b)*
*
c.
non
.
est.
63.
dist.
Laodicaea
,
which
dooth
forbid
these
elections
by
the
multitude
or
people
,
which
as
c.
siergo
.
8.
q.
1.
Origen
saith
oftentimes
is
pricked
forward
or
caried
awaie
with
clamours
,
fauour
,
or
reward
.
And
here
I
would
be
resolued
:
these
canons
being
(
as
he
saith
)
in
force
of
law
with
vs
,
and
To
be
vnderstood
not
alone
of
the
cheefe
priest
of
euerie
diocesse
,
which
argueth
Dangerous
innouation
vrged
.
they
are
to
be
vnderstood
of
him
:
whether
this
be
not
wholie
to
take
awaie
from
hir
Highnesse
the
nomination
and
recommending
of
Bishops
&
Deanes
to
their
places
,
or
else
to
leaue
hir
Haiesties
choise
to
be
countermanded
by
a
beast
of
manie
heads
?
Scinditur
incertum
studia
in
contraria
vulgus
.
Also
hir
Daiesties
being
the
head
member
of
this
church
,
whether
the
shall
be
allowed
a
voice
by
hir
Highnesse
proctor
amongst
the
people
of
one
parish
alone
,
or
in
all
the
parishes
in
the
realme
,
in
choosing
their
ministers
,
and
what
voice
,
whether
a
negatiue
countermanding
all
others
or
luxta
c.
breuiter
dist.
62.
no
?
Or
else
whether
hir
Highnesse
shall
haue
no
suffrage
therein
at
all
?
both
which
,
if
they
be
not
to
the
great
derogation
of
hir
Highnesse
prcrogatiue
roiall
,
let
indifferent
and
wise
men
indge
,
who
may
also
sée
a
further
matter
and
a
greater
debasing
shot
at
by
this
popularitie
,
than
outwardlie
is
pretended
.
27.
Section
.
Pag.
59
,
60.
That
the
statute
25.
Henrie
8.
for
establishing
of
such
canons
and
decrees
,
as
be
of
nature
and
qualitie
there
specified
,
dooth
not
giue
life
to
these
canons
and
decrées
last
alledged
,
bicause
both
they
are
repugnant
to
the
generall
and
inuiolable
customes
of
this
realme
,
and
to
hir
Daiesties
prerogatiue
roiall
also
,
hath
béene
afore
shewed
:
yea
,
they
are
not
alone
contrarie
to
ours
,
but
to
the
generall
customes
of
all
christen
dome
by
many
hundred
yeeres
continued
,
as
may
appéere
by
that
so
often
repeated
distinction
of
benefices
collatiue
and
clectiue
,
mentioned
and
allowed
of
,
not
onelie
by
canons
and
decrées
,
but
by
the
municipall
ordinances
almost
of
eueric
seuerall
realme
.
His
second
reason
for
proofe
(
out
of
the
21.
Hen.
8.
Cap.
13.
)
of
an
interest
of
An
absurd
reason
.
All
the
people
in
the
approbation
and
election
of
their
minister
,
bicausé
a
Bishop
is
allowed
six
chaplines
,
a
number
then
required
to
be
present
at
giuing
of
orders
,
is
not
to
be
counted
a
Fallax
,
being
too
simple
to
make
any
shew
of
deceit
,
but
as
a
syllogisme
framed
in
mood
and
figure
of
Quem
terra
pontus
,
without
head
or
tade
.
His
third
reason
for
proofe
héere
of
is
,
bicause
the
booke
in
sundrie
places
of
it
speaketh
of
clarks
and
people
present
,
and
of
An
exhortation
declaring
(
for
thus
be
the
words
of
the
booke
,
and
not
as
our
author
hath
pared
them
)
the
dutie
and
office
of
such
as
come
to
be
admitted
ministers
,
how
necessarie
such
orders
are
in
the
church
of
Christ
,
and
also
how
the
people
ought
to
esteeme
them
in
their
vocation
:
which
is
so
strong
a
reason
,
that
it
cannot
be
gathered
or
drawne
togither
into
a
syllogisme
with
a
cart
rope
,
except
we
would
imagine
that
wheresoeuer
the
law
permitteth
men
to
be
present
at
any
action
,
that
there
they
are
interessed
to
haue
a
voice
to
allow
or
dissallow
that
which
is
to
be
doone
.
And
if
the
exhortation
spoken
of
,
could
giue
anie
colour
that
waie
,
it
should
haue
béene
to
set
out
what
héed
and
vigilant
care
the
people
should
haue
,
and
what
especiallie
they
should
respect
in
the
choice
of
their
minister
,
rather
than
to
tell
them
how
they
ought
te
stéeme
him
when
he
is
once
admitted
;
for
if
they
themselues
make
choise
of
them
,
there
is
no
cause
why
of
all
other
they
should
mislike
,
or
make
anie
light
reckoning
of
them
,
otherwise
than
men
commonlie
doo
,
who
thinke
they
may
make
bold
with
such
as
they
themselues
haue
aduanced
.
And
whereas
he
would
thereof
gather
the
presence
of
the
people
of
that
parish
,
where
the
minister
is
to
be
placed
,
to
be
required
,
for
that
no
profit
else
for
the
better
estimation
of
their
minister
,
can
by
them
be
reped
of
that
exhortation
:
if
it
shuld
be
granted
vnto
him
,
can
he
ground
vpon
their
presence
an
interest
also
in
them
of
approbation
and
election
of
their
minister
?
But
there
is
profit
to
be
reped
by
such
an
exhortation
for
any
people
whosoeuer
that
shall
be
present
.
For
euerie
man
is
or
ought
to
be
of
some
parish
,
and
hath
a
minister
whom
he
ought
to
estéeme
and
reuerence
for
his
calling
sake
:
and
therefore
such
exhortation
can
not
be
said
to
be
in
vaine
,
though
the
people
of
the
parish
where
he
is
to
serue
,
be
not
then
present
.
And
for
that
these
canons
by
him
before
alledged
doo
mention
Citizens
presence
at
the
ordination
of
clearks
,
our
author
taketh
occasion
to
tell
vs
,
that
The
choristers
,
singers
,
organ-plaiers
,
and
other
officers
and
ministers
of
cathedrall
churches
,
are
not
comprehended
vnder
the
name
of
Citizens
,
for
that
the
canons
doo
attribute
to
these
a
seuerall
name
from
citizens
,
A
reason
retorted
.
Pag.
16.
by
calling
them
Clearks
,
which
as
he
tru●●e
affirmeth
,
so
this
dooth
argue
that
the
place
by
him
afore
brought
out
of
the
Autentikes
,
that
Clearks
vnlesse
they
were
learned
should
not
be
ordeined
,
that
thereby
he
might
prooue
an
abilitie
of
preaching
to
be
required
in
euerie
clearke
,
did
not
correspond
to
his
purpose
,
séeing
that
no
man
will
say
that
any
such
exquisite
learning
is
looked
for
in
such
inferior
clearks
and
officers
of
churches
as
these
be
.
But
where
he
would
conclude
a
necessarie
presence
of
more
people
than
the
Bishops
owne
seruants
at
ordinations
of
ministers
,
bicause
by
law
domesticall
folke
are
no
fit
witnesses
in
a
matter
not
domesticall
:
he
sheweth
as
often
afore
he
hath
doone
,
rather
a
desire
to
séeme
to
haue
read
some
law
,
than
a
care
truclie
to
vnderstand
,
or
aright
to
applie
it
.
For
it
is
notorious
that
men
are
not
so
fullie
to
be
credited
,
deposing
any
thing
to
the
benefit
of
their
maister
or
fellowes
in
houshold
to
the
preiudice
of
a
third
mans
interest
.
And
yet
this
notwithstanding
,
where
no
benefit
is
to
redound
to
their
maister
hereby
,
nor
any
third
man
particularlie
interessed
,
I
doo
not
sée
whie
in
this
matter
they
may
not
be
as
well
credited
to
testifie
afterwards
,
if
néed
were
,
what
they
did
see
to
haue
béene
done
,
as
anie
other
whosoeuer
.
Or
must
we
beleue
that
a
Bishop
at
Lincolne
,
being
to
ordeine
a
minister
for
the
furthest
part
of
his
diocesse
about
Eaton
,
must
suffer
the
church
to
lie
void
,
till
the
Absurditie
in
the
platforme
.
husbandman
and
other
of
the
parish
leauing
their
necessarie
trades
vnfollowed
,
will
come
on
their
owne
costs
so
farre
,
to
be
Eie-witnesses
and
eare-witnesses
of
the
Bishops
dealing
,
and
to
sée
whether
he
obserue
the
mane●
and
forme
prescribed
vnto
him
?
28.
Section
.
Pag.
60
,
61.
Our
author
hauing
brought
such
stuffe
out
of
the
canon
and
statue
lawe
,
as
he
could
hit
vpon
,
and
you
haue
heard
,
leapeth
héere
backe
againe
to
take
another
snatch
out
of
the
canon
lawe
for
proofe
of
the
peoples
interest
in
the
approbation
and
election
of
their
ministers
.
First
,
bicause
the
glosse
defineth
Consent
to
be
the
will
of
manie
,
vnto
whom
the
matter
apperteineth
,
ioined
in
one
together
.
But
this
is
a
fallacie
,
A
petitione
principis
,
to
assume
as
granted
,
that
any
consent
(
otherwise
than
afore
is
prooued
)
dooth
or
did
belong
vnto
the
people
,
in
choise
of
their
minister
.
And
if
he
will
haue
that
rule
of
the
canon
law
to
helpe
the
matter
;
That
which
toucheth
all
,
must
be
allowed
of
all
:
surelie
he
will
hereby
ouerthrow
all
the
ministerie
,
if
they
must
tarrie
without
roomes
to
minister
in
,
till
euerie
one
euen
the
least
and
woorst
in
euerie
parish
doo
agrée
vnto
the
election
of
some
one
.
For
that
rule
(
as
Dynus
and
other
doctors
vpon
Dynus
&
al●
in
reg.
quod
omnes
.
it
do
note
)
cannot
be
vnderstood
of
Omnes
vt
vniuersi
,
as
it
is
in
corporations
,
where
the
greater
part
of
voices
are
respected
,
but
must
be
taken
,
Omnes
vs
singuli
,
all
and
euerie
one
in
seuerall
,
that
is
any
waie
interessed
,
and
so
one
lewd
disposed
person
might
frustrate
the
good
indeuours
of
manie
thousands
.
And
dooth
the
author
thinke
indeed
that
this
course
is
either
expedient
to
be
vsed
,
or
agréeable
to
the
lawes
and
customes
of
this
land
?
Is
it
meet
bicause
it
concerneth
vs
Seditious
doctrine
of
the
author
.
all
to
haue
good
Princes
councellors
,
officers
of
the
kingdome
,
iudges
and
Bishops
,
that
all
the
people
in
the
land
or
of
one
diocesse
should
haue
a
frée
election
and
approbation
of
them
?
But
this
kind
of
election
he
saith
the
Bishops
themselues
in
certeine
canons
,
which
were
set
downe
and
published
,
but
neuer
by
hir
Haiestie
ratified
,
haue
aimed
at
,
when
they
saie
,
the
Bishop
shall
laie
his
hands
on
none
,
nor
at
any
other
time
,
but
when
it
shall
chance
that
some
place
of
ministration
be
void
in
his
diocesse
.
This
indéed
might
make
some
shew
against
absolute
ordinations
,
but
how
it
can
open
the
peoples
mouth
to
giue
voice
in
election
of
their
ministers
,
I
for
my
part
cannot
yet
perceiue
.
And
therefore
call
backe
againe
your
hastie
conclusion
,
whereby
you
are
not
content
onelie
togather
An
interest
in
the
choise
and
appointment
of
their
minister
,
to
rest
in
the
people
,
but
also
a
speciall
interest
,
yea
and
a
prerogatiue
also
therein
belike
aboue
Prince
,
Bishop
,
Patrone
and
all
.
29.
Section
.
Pag.
61
,
62.
Our
author
hauing
alledged
before
,
some
canons
,
séeming
to
make
shew
of
a
kind
of
consent
of
the
people
,
which
he
would
haue
to
be
an
election
of
their
minister
:
and
knowing
that
Gratian
,
taking
vpon
him
to
write
Concordiam
discordantium
canonum
,
did
bring
other
canons
also
more
direct
on
the
contrarie
part
,
which
yet
he
afterward
reconcileth
:
thought
it
best
for
his
purpose
to
take
exceptions
against
such
as
were
not
for
his
tooth
,
vnder
the
person
of
pope
Adrian
,
whom
he
calleth
Proud
,
foolish
,
&
his
canons
,
excluding
laie
men
from
election
of
Bishops
ridiculous
.
And
yet
[
](A19392-e84760-b)*
*
Adrianus
.
63.
distin.
§.
consecrationes
.
Adrian
testifieth
that
here
in
he
decréed
nothing
which
was
not
done
in
former
old
councels
.
And
the
decretall
epistle
saith
:
The
whole
[
](A19392-e84790-b)*
*
c.
cum
ecclesia
Ext.
de
causa
possess
.
&
propriet
.
election
of
common
right
belongeth
to
the
Chapter
.
And
this
is
also
the
same
Adrian
,
which
together
with
a
generall
councell
decreed
,
notwithstanding
the
election
and
consecration
of
Bishops
apperteined
to
the
cleargie
,
that
[
](A19392-e84820-b)*
*
c.
2.
Adrianus
dist.
63.
yet
all
Archbishops
and
Bishops
in
all
prouinces
should
take
their
inuestiture
of
Charles
the
great
then
emperour
.
Which
is
a
further
authoritie
attributed
to
princes
,
than
vsuallie
in
most
parts
of
christendome
,
they
doo
at
these
vaies
take
vpon
themselues
.
In
like
maner
Steeuen
the
Bishop
of
Rome
[
](A19392-e84860-b)*
*
c.
lectis
.
dist.
d
,
writeth
to
an
earie
néere
vnto
the
emperour
:
that
whereas
one
was
canonicallie
chosen
a
Bishop
,
it
would
please
him
to
procure
the
emperours
roiall
assent
thervnto
,
according
to
the
old
custome
,
that
vpon
obteining
thereof
he
might
procéed
to
the
consecration
of
the
new
elect
.
According
to
which
,
Gratian
also
reconcileth
such
of
these
canons
,
as
in
appearance
séeme
different
,
thus
:
In
that
the
prince
[
](A19392-e84890-b)*
*
c.
cum
longe
§.
electiones
.
dist.
d.
or
people
is
required
to
be
present
at
elections
of
Bishops
,
they
are
not
therefore
to
be
called
therevnto
,
that
they
should
make
the
election
,
but
to
yeeld
consent
therevnto
.
So
that
,
if
he
had
weied
all
things
aright
,
he
might
haue
perceiued
both
that
his
former
allegations
were
not
so
forceable
,
as
to
driue
vs
to
runne
for
an
answer
vnto
pope
Adrians
decision
,
nor
yet
whie
he
should
be
so
angrie
with
him
,
who
spake
onelie
of
elections
and
consecrations
of
Bishops
by
cleargie
men
,
without
excluding
either
the
inuestiture
or
assent
of
princes
,
and
without
any
intermedling
with
ordination
of
inferiour
ministers
,
&
therfore
it
was
not
he
that
spake
in
his
cast
.
But
there
was
least
cause
at
all
,
whie
he
should
thus
shuffle
vp
the
canon
before
[
](A19392-e84920-b)*
*
c.
non
est
.
dist.
d.
alledged
out
of
the
old
famous
councell
of
Laodicaea
,
either
with
this
of
pope
Adrians
,
or
to
reckon
it
among
such
latter
canons
,
as
dare
not
once
step
foorth
to
séeke
Any
whit
to
impeach
the
truth
of
his
assertions
:
for
it
is
so
old
,
and
decréed
by
so
good
aduise
,
of
so
manie
graue
and
godlie
fathers
,
that
it
will
not
be
ouerthrowne
with
such
a
blast
.
His
first
reason
,
for
proofe
that
these
canons
by
him
alledged
are
not
to
be
impeached
,
either
by
that
of
pope
Adrians
,
or
any
other
like
being
taken
out
of
the
sixt
of
the
Acts
of
the
apostles
,
is
vtterlie
besides
his
owne
purpose
.
Which
is
not
to
shew
what
is
decreed
in
the
word
of
God
in
any
of
these
controuersed
points
,
but
what
is
by
canons
,
constitutions
,
and
synodals
prouinciall
in
force
amongst
vs
.
And
therefore
if
this
of
pope
Adrians
,
or
any
other
to
like
effect
were
not
to
the
hurt
of
the
prerogatiue
rosall
,
nor
repugnant
to
the
lawes
and
customes
of
this
realme
,
but
had
béene
put
in
vre
and
practise
before
the
making
of
that
statute
:
it
might
according
to
our
authors
foundation
,
stand
for
law
still
in
this
land
,
though
it
were
25.
H.
8.
c.
19.
not
consonant
to
the
word
of
God
.
Which
I
bring
to
shew
the
authors
wandring
from
his
issue
,
and
not
in
any
such
respect
,
as
though
this
his
allegation
might
otherwise
haue
serued
his
turne
.
For
it
is
manifest
,
that
it
cannot
:
bicause
that
course
of
election
mentioned
in
the
Acts
,
was
not
vndertaken
,
for
satisfieng
of
any
expresse
commandement
of
Christ
;
but
vpon
an
especiall
occasion
of
a
mutinie
of
the
Gréekes
against
the
Hebrues
;
for
that
their
widowes
(
as
seeming
to
be
distrusted
or
contemned
)
were
in
the
administration
of
the
common
church
stocke
ouer-passed
:
whereas
the
canons
brought
for
proofe
of
excluding
the
multitude
from
elections
,
were
not
grounded
vpon
anie
one
particular
occasion
,
but
of
the
nature
of
the
people
,
and
exigence
of
the
cause
it selfe
.
That
of
the
Acts
speaketh
of
deacons
onelie
,
and
is
not
read
else-where
in
all
points
to
haue
béene
obserued
either
in
[
](A19392-e85040-b)a
a
Act.
5.
choosing
of
an
apostle
of
[
](A19392-e85050-b)b
b
Act.
2.
ministers
or
of
[
](A19392-e85060-b)c
c
Titus
.
1.
Bishops
.
There
also
the
whole
multitude
of
the
disciples
made
choise
without
the
apostles
,
who
ment
thereby
to
auoid
all
suspicion
of
corrupt
dealing
:
which
two
circumstances
no
man
will
(
I
hope
)
require
in
choosing
either
of
a
Bishop
,
or
minister
,
especiallie
that
the
Bishops
and
other
of
the
cleargie
,
should
be
debarred
from
any
stroke
in
that
action
;
séeing
therein
,
there
cannot
be
the
like
cause
of
suspicion
.
Where
by
the
waie
it
is
not
amisse
to
be
obserued
,
how
hard
it
is
to
kéepe
a
great
multitude
in
the
bounds
of
moderation
,
séeing
the
Holie-ghost
in
the
great
sinceritie
of
that
church
,
in
comparison
of
our
times
,
noteth
no
lesse
,
where
it
is
said
:
In
those
daies
,
as
the
Acts.
6.
1.
multitude
of
the
disciples
grew
,
there
arose
a
murmuring
,
&c.
Also
that
the
apostles
called
them
together
,
and
prescribed
vnto
them
what
they
should
doo
in
that
point
of
externall
policie
,
and
that
according
to
the
present
occasion
offered
,
without
any
prescript
word
,
but
onelie
by
the
instinct
of
Gods
spirit
.
Further
,
that
the
apostles
set
out
the
qualities
of
the
men
to
be
chosen
,
but
tied
them
to
no
certeine
forme
of
election
to
be
obserued
,
neither
doo
we
read
what
forme
of
election
they
then
vsed
.
Againe
,
that
the
disciples
were
to
looke
out
and
choose
such
,
as
they
thought
fit
to
be
trusted
with
the
church
stocke
;
but
the
apostles
reserue
to
themselues
the
appointing
of
them
to
their
offices
,
if
they
should
be
found
to
be
such
as
were
described
.
●oreouer
,
that
the
deacons
were
appointed
for
the
further
case
of
the
apostles
,
in
some
part
of
their
function
.
Lastlie
,
that
the
disciples
presented
them
to
the
apostles
censures
,
who
by
imposition
of
hands
did
(
as
it
were
)
consecrate
and
authorise
them
to
the
function
of
deaconship
.
Now
,
if
by
this
act
,
our
author
mind
so
hard
to
curbe
vp
all
churches
,
as
that
he
will
accuse
them
to
giue
A
counterbuffe
to
the
Holie-ghost
,
which
in
their
ordinations
doo
not
agrée
herewith
in
all
circumstances
;
or
if
he
will
tell
vs
,
that
something
extraordinarie
was
here
in
this
action
,
not
to
be
followed
of
vs
:
then
must
he
shew
by
direct
scripture
,
what
was
ordinarie
,
and
what
extraordinarie
,
least
By
his
owne
doctrine
he
seeme
to
accuse
Christ
not
to
haue
dealt
faithfullie
in
his
fathers
houshold
,
in
not
giuing
a
perfect
lawe
Pag.
20
for
gouernement
of
his
church
by
discipline
:
and
must
reconcile
other
places
of
scripture
concerning
the
like
action
,
which
doo
not
agrée
in
all
points
with
this
.
In
the
first
of
the
Acts
two
are
presented
,
one
is
chosen
by
lot
,
and
no
imposition
of
hands
is
mentioned
:
here
seauen
are
chosen
(
the
maner
not
set
downe
)
by
the
multitude
,
and
being
presented
to
the
apostles
,
they
all
appoint
them
,
and
laie
their
hands
on
them
.
In
the
14.
of
the
Acts
,
Paule
and
Barnabas
are
said
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
to
haue
fasted
,
but
no
mention
is
made
of
the
imposition
of
hands
:
here
is
no
mention
of
fasting
,
but
of
imposition
of
hands
.
Here
all
the
apostles
did
appoint
them
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
in
the
first
to
Titus
,
he
onelie
is
willed
to
appoint
priests
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
according
as
Paule
had
prescribed
vnto
him
.
Naie
,
let
him
shew
vnto
me
any
two
reformed
churches
of
diuers
nations
that
iumpe
in
all
circumstances
hereabouts
,
or
any
one
of
them
which
permitteth
this
action
(
without
intermedling
of
the
chéefe
pastors
)
vnto
all
the
disciples
,
or
multitude
of
beléeuers
in
the
said
church
,
which
yet
haue
an
interest
in
hauing
a
good
minister
.
But
(
as
I
take
it
)
the
chéefe
swaie
and
moderating
of
such
actions
,
are
in
all
other
reformed
churches
in
such
men
,
to
whom
this
trust
is
especiallie
recommended
.
And
hath
not
likewise
(
for
auoiding
of
sundrie
inconueniences
)
the
whole
church
and
realme
of
England
by
parlement
,
wherevnto
euerie
man
in
the
eie
of
the
law
,
is
said
to
haue
consented
,
reposed
this
trust
in
a
few
choise
men
of
the
ecclesiasticall
function
?
Euen
maister
Beza
himselfe
concerning
this
place
of
the
Acts
dooth
saie
:
There
is
no
cause
,
[
](A19392-e85260-b)*
*
Lib.
confess
.
c.
5.
whie
hereof
any
man
too
curiouslie
should
prescribe
anie
speciall
rule
,
but
if
the
conscience
be
vpright
,
it
will
be
easie
to
set
downe
what
is
expedient
,
according
to
the
circumstance
of
times
and
places
.
His
second
reason
as
it
séemeth
,
is
grounded
of
these
words
of
Adrians
canon
,
Let
no
laie
or
secular
prince
thrust
himselfe
into
the
election
of
any
Bishop
.
Which
if
they
be
vnderstood
(
as
afore
is
prooued
they
ought
to
be
)
concerning
the
election
and
consecration
onlie
,
reseruing
by
good
reason
,
&
as
it
hath
béene
alwaies
at
the
common
law
in
this
land
,
the
licence
to
elect
,
nomination
,
roiall
assent
,
supremacie
,
&
homage
vnto
hir
Maiestie
,
then
is
hir
Highnes
prerogatiue
no
waie
touched
,
nor
any
thing
deriued
vnto
other
,
which
hir
Maiestie
claimeth
to
be
due
vnto
hir selfe
.
But
to
let
both
Adrian
and
his
canon
lie
in
the
dust
,
how
can
the
canon
of
the
councell
of
Laodicaea
,
which
bebarreth
multitudes
from
election
of
those
who
are
to
●e
preferred
to
the
ministerie
,
impeach
hir
Maiesties
prerogatiue
?
Which
if
it
by
no
meanes
can
doo
,
then
is
our
authors
reason
defectiue
,
séeking
to
ouerthrowe
all
canons
to
this
purpose
,
bicause
the
canon
of
pope
Adrian
seemeth
to
him
to
confront
hir
Highnesse
prerogatiue
roiall
.
Pag.
61
And
can
we
thinke
,
that
this
man
is
in
good
earnest
,
where
he
séemes
thus
to
tender
hir
Maiesties
prerogatiue
,
whereas
these
popular
elections
of
Bishops
and
ministers
which
he
now
striueth
for
,
doo
fight
with
full
but
against
it
,
and
are
honoured
by
himselfe
,
euen
with
the
name
of
a
Prerogatiue
?
His
third
reason
,
for
the
improouing
of
all
such
canons
,
as
Being
against
the
customes
of
the
realme
,
séemeth
so
strange
vnto
me
;
that
I
am
in
doubt
,
whether
I
haue
dwelt
so
long
in
England
,
as
I
did
afore
imagine
:
for
I
neuer
heard
of
any
elections
by
the
whole
multitude
to
haue
béene
vsed
.
The
statutes
which
he
speaketh
of
,
are
written
In
principio
libri
paulo
post
finem
capitulo
nusquam
:
and
shall
be
answered
when
any
such
be
framed
.
His
reason
,
to
prooue
them
contrarie
to
the
customes
of
the
realme
,
is
thus
:
The
greatest
number
of
voices
,
of
such
as
haue
interest
,
A
childish
reason
and
absurd
.
doo
make
choise
of
certeine
officers
,
as
of
maiors
,
bailiffes
,
shiriffes
of
townes
,
&c:
Ergo
,
ministers
are
,
or
ought
so
to
be
chosen
,
or
else
it
is
contrarie
to
the
customes
of
the
realme
.
Indeed
,
he
might
haue
gathered
,
Ergo
,
our
maner
of
electing
ministers
now
in
England
,
is
contrarie
to
the
customes
of
choosing
maiors
,
&c.
And
might
he
not
as
well
haue
gathered
,
that
the
Prince
,
the
Councellors
,
the
greatest
Officers
of
the
land
,
the
Bishops
,
the
Iudges
,
the
Sheriffes
of
shires
,
the
Sergeants
at
law
,
the
Iustices
of
the
peace
,
the
Custodes
Rotulorum
,
th
Eschetors
,
the
Officers
in
any
court
of
record
,
the
Capteines
and
Constables
of
any
strong
péeces
or
fortresies
,
the
Constables
of
hundreds
,
the
Mint-maisters
,
Comptroller
&
Auditor
of
mints
,
the
Customers
,
Comptrollers
,
and
Searchers
of
ports
,
ought
also
so
to
be
chosen
,
and
being
otherwise
appointed
,
that
the
customes
of
our
land
(
which
is
our
common
law
)
is
thereby
transgressed
?
But
euerie
child
may
see
the
grosse
absurditie
of
this
reason
,
and
he
himselfe
if
he
haue
not
rubbed
his
forehead
excéedinglie
,
will
be
ashamed
of
it
.
And
besides
the
follie
of
his
argument
,
his
antecedent
His
reason
retorted
vpon
him
.
maketh
against
himselfe
.
For
it
is
notorious
,
that
in
cities
&
townes
,
not
euerie
one
that
is
to
be
gouerned
,
hath
voice
in
electing
their
officers
;
but
certeine
which
be
culled
out
of
the
rest
,
and
speciallie
trusted
.
So
is
there
none
admitted
to
the
election
of
knights
of
the
shires
,
but
Legales
homines
,
which
may
dispend
xl
.
shillings
in
land
of
freehold
by
the
yéere
.
And
yet
manie
besides
are
interessed
therein
,
and
may
be
preiudiced
therby
,
as
being
to
be
gouerned
by
the
one
sort
,
or
to
be
tied
to
such
statutes
,
as
by
the
consents
of
the
other
are
passed
.
If
therefore
in
these
actions
for
auoiding
of
stirres
and
confusions
,
elections
were
put
into
a
few
mens
hands
;
much
more
reason
was
it
,
that
the
multitude
should
not
haue
stroake
in
election
of
ministers
,
being
for
the
most
part
vtterlie
vnable
to
iudge
of
their
sufficiencie
in
learning
,
which
is
the
cheefest
thing
to
be
respected
,
but
yet
not
debarred
to
obiect
what
they
can
against
their
conuersation
.
It
maketh
flatlie
against
himselfe
in
this
also
:
bicause
héere
he
séemeth
to
require
no
other
consent
for
election
of
ministers
,
than
is
vsuallie
in
most
cities
and
townes
in
the
choise
of
their
officers
,
being
doone
by
the
greater
part
of
a
few
,
in
respect
of
the
Pag.
60.
Contrarietie
of
the
author
.
whole
multitude
besides
,
contrarie
to
the
rule
of
law
by
him
before
brought
;
That
which
toucheth
all
,
must
be
allowed
of
all
and
euerie
one
:
and
contrarie
to
that
which
here
he
saith
,
that
All
the
faithfull
of
the
land
haue
an
interest
in
choise
and
allowance
of
their
pastors
.
So
that
by
this
reckoning
,
men
,
women
,
and
children
(
for
all
the
faithfull
be
interessed
)
shall
haue
voices
in
election
of
their
minister
;
and
if
one
dissent
,
all
must
be
dashed
,
if
we
follow
that
rule
.
And
that
this
was
the
meaning
of
those
that
confirmed
the
booke
of
ordering
,
he
prooueth
;
bicause
they
Being
men
renewed
with
the
spirit
of
wisdome
in
the
gospell
of
Christ
,
would
be
as
carefull
,
what
guides
they
approoued
of
for
conduction
to
eternall
life
,
as
for
discreet
dealers
for
them
in
matters
of
this
life
,
and
as
prouident
ouer
their
soules
as
ouer
their
goods
.
Indéed
if
all
they
had
béene
of
this
mans
spirit
,
who
peraduenture
thinketh
himselfe
as
wise
and
learned
as
any
,
and
nothing
any
waie
touching
him
,
to
be
well
done
which
he
dooth
not
himselfe
;
this
might
then
carrie
some
shew
,
to
haue
béene
respected
.
But
those
that
be
modestlie
wise
,
and
with
humilitie
haue
learned
Sapere
ad
sobrietatem
,
doo
thinke
,
that
one
learned
man
,
long
studied
in
the
scriptures
,
and
all
good
learning
,
is
better
able
to
iudge
of
the
abilitie
and
sufficiencie
of
any
in
that
studie
;
than
ten
thousand
other
,
though
neuer
so
wise
,
yet
not
so
déepelie
studied
in
those
matters
.
We
beléeue
one
skilfull
lawier
in
a
point
of
lawe
,
and
one
expert
physician
for
the
state
of
our
bodie
;
better
than
we
doo
all
the
world
besides
of
such
as
haue
not
either
at
all
,
or
but
slenderlie
waded
in
those
professions
.
And
in
truth
,
if
this
had
béene
their
meaning
,
whie
did
they
not
plainelie
expresse
it
,
and
whie
hath
none
of
them
,
till
this
Nouus
orator
péered
out
,
shewed
what
was
then
done
in
parlement
,
what
was
ment
,
and
what
was
said
to
this
purpose
?
But
if
any
such
thing
had
beene
ment
,
they
would
either
in
generall
words
,
or
especiall
,
haue
reuersed
that
statute
which
saith
:
The
examination
of
the
abilitie
of
a
person
presented
to
an
ecclesiasticall
benefice
,
dooth
perteine
to
an
ecclesiasticall
iudge
.
Articuli
cleri
A.
9.
E.
2.
13.
To
that
which
might
be
truelie
obiected
of
tumults
,
stirs
,
contentions
,
factions
,
ambition
,
and
confusion
,
ordinarilie
heretofore
accompaning
these
popular
elections
,
he
answereth
first
,
that
Euerie
true
beleeuer
shall
haue
a
spirit
giuen
vnto
him
to
discerne
,
whether
a
man
be
apt
to
preach
or
no
:
Secondarilie
,
That
christians
are
not
to
feare
such
rages
of
the
people
;
but
such
are
to
be
afrighted
hereof
,
that
haue
put
awaie
faith
and
a
good
conscience
.
To
the
first
I
answer
,
that
the
most
in
euerie
place
,
by
whose
voices
it
séemeth
he
would
haue
the
matter
swaied
,
are
not
necessarilie
True
beleeuers
,
and
such
as
haue
the
spirit
of
Christ
.
For
his
flocke
is
but
a
handfull
in
comparison
of
hypocrits
,
and
manie
are
called
but
few
are
chosen
.
Neither
are
all
true
beléeuers
alwaies
endowed
with
such
measure
of
wisedome
and
discretion
,
as
that
they
are
able
to
sound
the
aptnes
of
a
man
in
learning
,
for
the
ministerie
:
nor
yet
haue
all
so
profited
in
true
mortification
,
as
that
they
can
weine
themselues
from
those
disordered
affections
,
which
cleaue
fast
vnto
euerie
one
of
vs
,
either
more
or
lesse
,
so
long
as
we
remaine
in
this
world
:
and
therefore
in
such
cases
,
the
mo
that
doo
deale
in
any
action
,
the
more
disorderlie
and
troublesome
for
the
most
part
it
falleth
out
to
be
.
To
the
second
I
say
,
that
it
conteineth
a
promise
of
such
quietnes
,
and
peaceable
issues
of
these
popular
elections
(
as
if
ye
turne
ouer
ecclesiasticall
histories
)
neuer
or
sildome
hath
happened
,
but
the
cleane
contrarie
;
and
it
carrieth
an
indirect
accusation
of
all
churches
,
both
of
elder
and
later
times
,
to
haue
Put
awaie
faith
and
a
good
Indirect
accusation
of
other
churches
.
conscience
:
which
for
auoiding
of
sundrie
inconueniences
and
mischéefes
,
haue
abandoned
these
popular
elections
,
which
truelie
in
this
forme
and
maner
,
as
our
author
setteth
foorth
,
and
would
here
haue
established
,
I
persuade
my selfe
,
no
church
reformed
or
deformed
dooth
reteine
,
sauing
the
Anabaptists
,
if
so
be
they
haue
any
setled
church
anie
Bullinger
.
adver.
Anabap.
li.
3.
cap.
4.
where
.
Who
in
that
respect
were
wont
to
obiect
against
the
ministers
of
sincere
churches
,
called
by
some
magistrates
appointed
for
that
end
,
to
haue
no
calling
but
from
men
;
whereas
they
themselues
,
being
chosen
by
the
suffrages
of
the
whole
multitude
,
thought
their
calling
therefore
to
be
of
God
.
Now
it
had
béene
verie
requisite
,
that
our
author
for
the
approouing
of
these
democraticall
elections
the
better
vnto
vs
,
should
(
with
proofe
out
of
scripture
for
euerie
particular
)
haue
shewed
;
Whether
women
and
children
of
some
reasonable
discretion
,
should
haue
voices
in
the
election
of
their
minister
?
Whether
he
should
be
chosen
by
all
,
by
the
greater
part
,
or
by
the
better
part
?
Whether
the
wiues
voice
should
be
accompted
seuerall
,
or
but
one
with
hir
husbands
,
or
whether
she
might
dissent
from
hir
husband
,
or
the
sonne
from
his
father
?
Whether
the
patrone
not
dwelling
in
the
parish
shall
haue
a
voice
,
or
dwelling
there
but
a
single
voice
?
Whether
the
greater
number
of
voices
shall
be
accompted
in
respect
of
all
the
electors
,
or
onelie
in
respect
of
him
which
is
to
be
chosen
,
hauing
more
voices
for
him
,
than
any
other
hath
?
Whether
all
absent
shall
be
accompted
to
dissent
or
to
assent
?
Whether
sicke
men
,
and
other
necessarilie
imploied
,
that
would
come
and
cannot
,
may
send
their
proctor
being
no
parishioner
,
or
compromit
their
voice
to
a
parishioner
?
30.
Section
.
Pag.
62
,
63.
IN
this
section
treating
of
the
last
qualitie
which
our
author
hath
noted
to
be
required
in
a
minister
,
I
doo
obserue
,
that
he
is
contented
with
a
Competent
and
sufficient
skill
in
the
Latine
toong
in
a
minister
,
which
so
earnestlie
afore
would
haue
impugned
the
distinction
of
competencie
and
eminencie
in
learning
requisite
for
the
furnishing
of
a
minister
.
Although
I
(
for
my
part
)
cannot
see
,
how
this
high
skill
in
learning
can
well
be
setled
in
any
,
that
is
but
slenderlie
learned
in
the
Latine
toong
.
And
yet
the
statute
here
mentioned
,
séemeth
to
allow
,
that
a
speciall
gift
and
abilitie
to
be
a
preacher
,
may
be
in
some
that
hath
not
the
Latine
toong
as
is
required
.
And
therefore
it
is
said
in
the
disiunctiue
,
Except
he
be
able
to
giue
an
accompt
of
his
faith
in
Latine
,
&c:
13.
Eliz.
c.
12
or
haue
a
speciall
gift
and
abilitie
to
be
a
preacher
,
he
shall
not
be
admitted
to
the
order
of
deacon
or
minister
:
so
that
hereof
we
may
gather
,
that
the
law
accompteth
Abilitie
to
be
a
preacher
a
speciall
gift
,
neither
incident
nor
required
to
be
of
necessitie
in
euerie
minister
,
for
that
some
wanting
The
iudgement
of
the
statute
for
a
sufficiencie
to
be
a
minister
.
this
abilitie
,
yet
being
qualified
as
is
there
otherwise
prescribed
,
may
lawfullie
be
admitted
by
the
Bishop
.
Whereby
both
the
popular
election
and
the
learning
and
abilitie
of
a
preacher
,
by
our
author
of
necessitie
vrged
to
be
in
euerie
minister
,
throughout
this
whole
treatise
,
yea
euen
by
our
lawes
vndoubtedlie
now
in
force
,
is
quite
ouerthrowne
.
Further
,
where
our
author
alledgeth
,
as
though
it
were
statute
,
and
noteth
it
with
the
like
asteriske
,
that
If
any
shall
be
ordeined
contrarie
to
any
prouision
of
that
Act
,
then
is
he
no
minister
at
all
,
he
dooth
verie
shamefullie
falsifie
the
words
of
the
Act.
For
the
words
are
these
in
the
Plaine
falsification
by
the
author
.
Act
:
All
admissions
to
benefices
,
institutions
,
and
inductions
to
be
made
of
any
person
,
contrarie
to
the
forme
or
any
prouision
of
this
Act
,
and
all
tolerations
,
dispensations
,
qualifications
and
licences
whatsoeuer
to
be
made
to
the
contrarie
hereof
,
shall
be
meerelie
void
in
law
as
if
they
neuer
were
.
Wherein
there
is
no
one
word
of
ordinations
or
admitting
into
orders
.
At
the
shutting
vp
of
this
matter
,
he
vseth
indefinitelie
,
against
our
Bishops
,
an
ironicall
surmise
,
as
though
vpon
their
examinations
,
it
would
fall
out
,
that
they
had
not
answered
the
trust
committed
vnto
them
in
ordering
deacons
and
ministers
,
nor
that
their
dealings
had
béene
●herein
faithfull
,
iust
,
and
equall
.
Truelie
he
that
hath
most
ouerseene
his
dutie
in
this
respect
,
if
any
such
be
of
them
,
I
dare
auow
,
he
shall
be
better
able
to
approoue
his
dooings
by
law
,
and
good
conscience
:
than
those
whom
this
cauiller
most
affecteth
,
shall
be
able
to
doo
their
words
or
deeds
,
or
than
he
himselfe
shall
be
able
to
beare
out
his
slanders
,
innouations
,
cankred
spite
,
falfifications
,
wrestings
,
fallacies
,
&
childish
reasons
,
contrarieties
,
vntruths
,
and
paradoxes
scattered
in
this
booke
.
31.
Section
.
Pag.
63
,
64
,
65.
THe
Abstractor
hath
not
beene
belike
farre
inough
yet
distracted
from
the
purpose
which
he
handleth
,
but
for
the
ease
of
his
stomach
,
which
else
for
curst
hart
would
burst
,
he
must
néeds
tell
vs
,
what
punishments
the
canons
doo
inflict
vpon
such
Bishops
as
promote
vnworthie
men
vnto
orders
:
assuming
alwaies
all
such
to
be
vnworthie
,
as
are
not
so
qualified
as
he
hath
scored
out
.
But
he
is
a
verie
temperate
and
coolebrained
man
,
for
he
dooth
it
,
but
vpon
supposition
,
that
the
Bishops
haue
not
answered
their
trust
,
and
yet
in
other
places
he
telleth
vs
of
Our
sir
Iohns
,
the
asses
of
our
schools
,
of
our
dumbe
,
silent
,
and
idol-ministers
,
so
often
&
so
thicke
together
,
and
what
great
masses
of
monie
may
come
by
their
displacings
,
to
hir
Maiesties
cofers
,
as
though
we
had
none
or
verie
few
other
besides
such
.
Yet
if
they
were
such
,
and
so
soule
as
his
mouth
is
in
this
behalfe
,
séeing
the
canons
,
whose
obseruation
he
vrgeth
,
doo
forbid
such
contemptuous
spéeches
against
them
,
he
sheweth
himselfe
to
be
too
farre
ouerséene
herein
.
[
](A19392-e85790-b)*
*
c.
cum
ex
iniuncto
§.
licet
autem
Ext.
de
haereticis
.
Although
knowledge
be
verie
necessarie
vnto
priests
for
teaching
,
yet
we
may
not
speake
ill
of
simple
priests
,
though
they
be
but
scholars
,
seeing
the
priestlie
office
ought
to
be
honoured
in
them
,
and
[
](A19392-e85810-b)*
*
Reg.
iniunct
.
art.
28.
hir
Maiesties
iniunctions
doo
command
men
to
vse
euen
Those
priests
that
haue
small
learning
,
and
which
of
long
time
haue
fauoured
fond
fantasies
,
rather
than
Gods
truth
,
charitablie
and
reuerentlie
for
their
office
and
ministration
sake
,
bicause
their
office
and
function
is
of
God
.
Also
the
reformed
churches
in
France
,
are
farre
from
this
immodestie
,
[
](A19392-e85840-b)*
*
Art.
22.
des
aduertisements
en
la
discipl
.
de
France
.
where
in
their
policie
and
discipline
they
haue
thus
decréed
euen
for
the
immunitie
of
popish
priests
and
moonks
:
Toute
violence
,
&c.
All
violence
and
iniurious
words
against
those
of
the
church
of
Rome
,
and
namelie
against
priests
and
moonks
,
shall
not
onelie
be
hindered
,
but
also
shall
be
corrected
and
restrained
so
farre
foorth
as
possiblie
may
be
.
The
conclusion
(
for
proofe
whereof
he
voucheth
viuers
lawes
and
canons
)
is
,
that
Both
the
man
vnworthilie
promoting
,
and
the
man
vnworthilie
promoted
,
is
to
be
deposed
.
Where
if
I
should
deale
strictlie
with
him
as
a
lawyer
would
,
I
could
tell
him
that
there
is
great
difference
in
law
betwixt
one
vnworthilie
promoted
,
as
perhaps
some
solemnitie
required
by
the
canon
being
omitted
,
and
one
promoted
being
vnworthie
.
The
first
case
is
so
farre
from
[
](A19392-e85870-b)*
*
c.
literas
Ext.
de
tempor
.
ordinand
.
gl
.
in
1.
q.
1.
c.
si
qui
Epi.
ver.
ordinationis
.
deposition
,
that
it
deserueth
but
a
temporarie
suspension
from
execution
of
some
part
of
their
offices
,
at
the
discretion
of
their
superiour
.
For
proofe
of
his
conclusion
he
bringeth
thrée
allegations
,
speaking
no
word
of
deposition
,
but
of
punishment
to
be
inflicted
,
which
without
expressing
can
neuer
be
extended
to
deposition
;
In
ambiguis
quod
minimum
est
,
sequendum
;
&
pro
mitiori
poena
semper
est
interpretatio
facienda
.
And
yet
the
first
and
the
third
of
them
doo
speake
of
Bishops
and
superior
prelats
,
and
not
of
inferiour
ministers
.
The
first
is
[
](A19392-e85890-b)*
*
c.
nihil
est
.
Ext.
de
elect
.
&
elect
.
po●est
.
not
aright
quoted
nor
alledged
.
For
the
punishment
there
set
downe
for
confirming
an
vnworthie
prelat
,
is
sequestration
of
the
fruits
of
his
owne
benefice
,
and
béereauing
him
of
power
to
confirme
the
next
successor
:
and
in
the
words
immediatlie
[
](A19392-e85900-b)*
*
§.
episcopi
●bid
.
next
following
by
him
not
alledged
,
as
once
afore
hath
béene
shewed
,
a
canonicall
punishment
by
reference
vnto
canons
to
that
end
in
force
,
is
appointed
to
the
Bishop
,
which
shall
preferre
an
vnworthie
man
to
holie
orders
or
ecclesiasticall
dignities
.
In
his
third
allegation
by
ioining
of
two
seuerall
canons
as
one
,
the
one
of
them
appointing
a
milder
punishment
than
the
other
,
he
hath
disaduantaged
his
owne
cause
.
For
where
two
punishments
are
laid
downe
,
the
lesse
is
to
be
inflicted
.
But
neither
of
these
canons
[
](A19392-e85910-b)*
*
c.
ex
panitentibus
50.
distinct
.
&c.
aliquantos
51.
dist.
doo
speake
of
a
man
vnwoorthie
in
respect
of
learning
,
but
vncapable
of
orders
in
respect
of
some
other
canonicall
impediment
,
as
infamie
by
law
,
bigamie
,
anddiuerse
such
like
there
specified
.
But
the
glosse
reconcileth
not
onlie
that
canon
,
but
all
other
which
speake
of
disposition
of
him
that
ordaineth
one
vnworthie
;
with
those
canons
,
which
doo
suspend
him
onlie
from
ordination
of
others
:
bicause
the
[
](A19392-e85930-b)*
*
Gl.
in
c.
si
qui
Epi.
c.
q.
1.
verb.
ordinationis
.
first
are
to
be
vnderstood
,
when
of
contempt
and
pertinacie
the
Bishop
shall
with
pretended
purpose
against
the
canons
ordeine
such
:
and
the
other
,
when
he
ordcineth
vncapable
men
onlie
of
ignorance
or
negligence
.
And
againe
,
this
doubt
in
the
same
place
is
better
resolued
;
séeing
there
are
diuers
penalties
for
one
offense
,
and
that
the
[
](A19392-e85940-b)*
*
c.
graue
Ext.
de
praebendis
.
latter
canons
doo
prefix
the
milder
of
both
,
that
therefore
the
easier
penaltie
must
in
both
respects
be
practised
.
And
therfore
I
muse
at
the
boldnesse
of
the
man
,
who
leauing
out
the
word
Aliàs
Otherwise
;
to
wit
,
when
the
Bishop
of
pertinacie
shall
ordeine
one
vnworthie
,
he
alwaies
deserueth
to
be
deposed
,
Fa●●●fication
.
dare
alledge
the
words
of
the
glosse
generallie
,
as
though
in
all
cases
this
decision
had
place
.
The
[
](A19392-e85980-b)*
*
Gl.
in
c.
vnicum
const.
Othonis
de
scrut
.
ordinand
.
verb.
quare
.
next
glosse
is
likewise
wrong
quoted
out
of
the
legatiue
constitutions
of
Otho
.
but
serueth
not
any
whit
for
proofe
of
his
conclusion
,
bicause
it
mentioneth
no
penaltie
:
but
onclie
ingreiueth
the
fault
of
him
that
dooth
ordeine
anie
vnworthie
.
His
argument
of
comparison
which
he
borroweth
of
the
glosse
of
the
c●uill
law
,
to
prooue
that
the
archdeacons
fault
or
ouersight
cannot
excuse
the
Bishop
,
no
more
than
a
pilfering
sailer
shall
excuse
the
owner
of
the
ship
(
who
taketh
fare
of
his
passengers
)
from
restitution
of
that
which
is
embezeled
:
though
great
diuersities
may
be
taken
betwixt
these
two
cases
,
euen
to
this
intent
,
yet
I
will
not
greatlie
gaine-saie
:
seeing
it
is
both
lawfull
and
expedient
,
that
the
Bishop
himselfe
should
examine
them
for
their
sufficiencie
in
learning
;
adding
this
neuerthelesse
,
that
the
author
here
hath
manifestlie
falfified
the
glosse
,
where
he
simplie
saith
the
Bishop
is
to
be
punished
for
the
archdeacons
fault
committed
in
examination
.
For
the
[
](A19392-e86000-b)*
*
Gl.
ibid.
ver.
per
Episcopum
.
glosse
saith
to
this
purpose
;
Indéed
if
the
archdcacon
doo
it
by
the
Bishops
commandement
,
then
is
the
Bishop
punishable
;
but
if
the
archdeacon
doo
it
of
his
owne
head
as
incident
to
his
office
,
then
must
he
himselfe
abide
the
penaltic
of
lawe
.
That
which
he
saith
of
A
deed
once
doone
,
which
vpon
a
cause
newlie
arising
sometimes
may
be
altered
,
cannot
be
applied
to
this
,
that
a
Bishop
may
reexamine
those
whome
the
archdeacon
hath
examined
,
though
it
be
[
](A19392-e86020-b)*
*
Arg.
c.
accepimus
Ext.
de
aetat
.
&
qualit
.
otherwise
lawfull
;
and
in
like
maner
,
can
I
not
conie●ure
,
for
what
purpose
he
bringeth
,
though
with
a
wrong
quotation
,
[
](A19392-e86030-b)*
*
c.
eae
quae
.
Ext.
offi.
de
Archid.
concerning
the
remissenes
of
an
archdeacon
in
safe
kéeping
certeine
ornaments
of
the
church
,
required
to
be
punished
by
restitution
of
such
things
,
as
by
his
default
were
perished
,
except
he
thinke
here
by
may
be
insinuated
,
either
that
the
archdeacons
office
alonclie
dooth
consist
in
such
like
duties
,
and
not
in
examination
of
ministers
to
be
admitted
,
or
else
,
that
as
he
is
to
be
punished
for
his
negligence
in
these
small
matters
,
so
Bishops
for
such
offenses
as
they
shall
commit
about
dealings
of
greater
consequence
.
Which
if
it
be
his
meaning
,
I
must
néeds
iudge
that
he
is
verie
mysticall
that
can
fetch
about
so
farre
,
to
speake
so
little
to
purpose
.
But
all
these
canons
,
if
they
were
as
pregnant
to
prooue
deposition
as
he
would
haue
them
,
are
wholie
ouerturned
by
his
owne
platforme
of
popular
Contrarietie
.
election
.
For
I
thinke
he
would
not
endow
the
Bishop
with
an
authoritie
to
ordeine
another
,
when
all
the
people
haue
made
choise
of
their
minister
,
nor
yet
punish
him
for
their
foolish
choise
.
32.
Section
.
Pag.
65
,
66
,
67.
THis
section
,
with
some
following
,
being
to
shew
the
course
of
punishment
against
ministers
being
vnworthie
of
that
function
:
in
the
first
place
for
proofe
hereof
,
is
brought
the
depriuation
of
a
Bishop
,
against
whome
manie
things
were
obiected
,
and
he
himselfe
had
confessed
that
he
neuer
learned
any
thing
De
Grammatica
,
of
the
Grammar
,
nor
had
read
any
Grammarian
,
no
not
Donat:
yea
,
by
the
euidence
of
the
fact
it selfe
it
appeared
that
he
was
Illitteratus
&
insufficiens
,
Vnlettered
and
insufficient
.
All
which
things
ioined
together
,
being
the
ground
of
his
depriuation
,
if
he
will
applie
to
his
purpose
;
(
though
I
thinke
some
ministers
in
our
church
vnworthie
that
calling
)
yet
I
beléeue
he
shall
find
verie
few
or
none
,
within
the
compasse
of
this
decision
,
which
neuer
learned
any
thing
of
their
Grammar
.
And
yet
neuerthelesse
,
his
reason
being
A
maiore
ad
minus
affirmatiuè
dooth
not
follow
.
Séeing
it
is
notoricus
,
that
lesse
learning
is
requisit
in
an
inferiour
minister
,
than
ought
to
be
in
a
Bishop
.
And
it
séemeth
,
that
if
this
Bishop
had
learned
but
his
Gra●mar
,
by
want
whereof
he
was
apparentlie
insufficient
,
this
gentle
pope
,
in
fauour
of
some
not
much
déeper
clearkes
sitting
in
that
See
,
as
the
pope
that
writ
Fiatur
for
Fiat
,
in
despectum
omnium
Grammaticorum
,
and
he
that
to
an
ambassador
did
so
prettilie
Italianize
in
his
Latine
,
Facit
magnum
frigum
,
and
being
aduertised
softlie
by
one
of
his
cardinals
,
that
it
should
be
gus
,
gus
,
as
scholarlike
did
amendit
,
with
Facit
magnum
frigumgus
:
it
is
likelie
(
I
saie
)
he
would
haue
tolerated
it
in
this
Bishop
of
Calinea
.
And
therefore
it
is
not
verie
safe
,
to
exact
no
better
measure
of
learning
in
a
minister
,
than
this
canon
seemeth
to
doo
.
Here
vpon
our
author
groundeth
a
wish
for
a
generall
visitation
,
but
verie
vnperfectlie
in
my
poore
conceit
,
for
he
requireth
neither
learning
in
law
,
experience
,
nor
discretion
in
his
visitors
:
he
authoriseth
them
to
depriue
onelie
,
vniust
possessors
,
which
would
hardlie
be
racked
vnto
all
,
though
not
so
sufficientlie
qualified
as
he
requireth
:
he
endoweth
them
with
no
absolute
power
to
place
fit
men
in
their
roomes
,
without
sharing
out
any
thing
to
the
patrones
,
least
he
should
displease
some
,
that
perhaps
with
all
things
reformed
sauing
that
;
nor
yet
telleth
vs
whence
so
manie
places
in
short
time
might
be
furnished
with
sufficient
preachers
.
But
he
is
of
a
sure
ground
for
the
promise
of
augmentation
of
hir
Maiesties
treasure
:
for
he
saith
,
that
the
first
fruits
vpon
auoidance
of
vniust
possessors
,
will
be
more
Than
the
best
subsidie
that
hir
Highnesse
hath
leuied
of
them
.
But
saith
not
more
than
of
them
,
and
of
all
other
ministers
besides
.
Which
must
néeds
be
true
,
for
the
greatest
subsidie
was
but
sixe
shillings
in
the
pound
,
to
be
paid
in
thrée
yeares
,
whereas
the
new
incumbents
comming
in
vpon
displacing
of
the
old
,
should
paie
the
whole
value
of
their
benefices
,
in
the
space
of
two
yeares
.
His
first
allegation
concerning
an
abbat
threatened
to
be
deposed
,
if
he
be
negligent
in
his
office
,
is
altogether
impertinent
to
prooue
,
that
a
minister
vnworthie
in
respect
of
learning
,
or
bicause
he
is
not
able
to
preach
,
is
to
be
deposed
.
But
I
obserue
that
where
the
law
is
,
Let
him
as
often
as
he
may
be
with
his
brethren
in
the
couent
,
our
author
(
I
know
not
to
what
aduantage
)
dooth
translate
thus
:
How
much
more
Corrupt
translation
.
ought
he
to
be
frequent
with
his
brethren
in
all
things
?
The
second
allegation
out
of
a
canon
of
Triburiense
concilium
,
toucheth
onelie
an
abbat
that
is
criminous
in
life
,
and
negligent
in
his
gouernement
,
to
be
worthie
of
deposition
,
and
cannot
be
extended
to
vnworthines
of
a
minister
,
for
insufficiencie
of
learning
.
Naie
,
though
ministers
that
be
scandalous
to
their
calling
may
be
depriued
or
deposed
,
according
to
the
atrocitie
of
the
fault
;
yet
the
same
punishment
that
is
inflicted
vpon
abbats
,
who
are
tied
to
a
straiter
rule
and
obseruance
,
cannot
alwaies
be
extended
by
identitie
of
reason
for
the
like
offenses
vpon
ministers
.
For
the
[
](A19392-e86250-b)*
*
c.
per.
tuas
1.
in
fine
Ext.
de
simonia
&
Gl.
in
verbo
cantus
18.
q.
2.
c.
si
quis
abbas
.
lawe
noteth
,
that
abbats
for
causes
of
lesser
importance
,
yet
being
against
the
rules
and
customes
of
their
order
,
may
be
remooued
from
their
administrations
.
Yet
to
the
intent
it
may
appeare
how
impertinentlie
these
places
of
an
abbat
are
brought
,
and
how
vnskilfullie
he
reasoneth
,
it
is
to
be
remembred
;
that
although
an
exacter
and
more
strict
course
of
conuersation
be
required
of
an
abbat
,
than
of
an
inferiour
minister
,
yet
lesse
learning
will
serue
his
turne
a
great
deale
to
reteine
him
in
his
office
:
therefore
[
](A19392-e86260-b)*
*
Ab.
in
c.
vlt.
Ext.
de
aetate
&
qualitat●
.
Panormitane
concludeth
,
That
an
abbat
shall
not
be
deposed
bicause
he
is
ignorant
in
Grammar
,
if
otherwise
he
be
skilfull
in
the
rules
of
his
order
,
and
discreet
,
by
which
rules
his
function
is
limited
:
to
which
purpose
serueth
,
that
in
abbats
diligent
industrie
rather
than
learning
is
required
;
c.
multa
,
ne
cler.
vel
mona
.
Also
in
old
time
abbats
were
laie
men
.
c.
a
subdiacono
.
dist.
93.
Therefore
it
is
sufficient
for
him
,
if
he
be
discreet
and
vigilant
ouer
his
flocke
.
8.
q.
3.
c.
dilectissimi
.
Which
our
author
perhaps
perceiuing
,
dooth
shew
more
néere
to
purpose
,
that
an
inferiour
minister
may
also
be
depriued
by
the
Bishop
,
if
he
be
vnprofitable
and
vnworthie
.
But
what
the
lawe
will
account
such
vnworthines
,
vnprofitablenesse
,
or
negligence
to
be
,
he
hath
not
yet
shewed
,
and
therefore
is
farre
from
proouing
his
issue
,
that
euerie
one
is
an
vnworthie
minister
,
and
to
be
depriued
which
is
not
able
to
preach
.
And
séeing
he
alledgeth
this
for
law
,
whie
shall
not
the
words
following
,
which
he
cunninglie
cropped
off
with
an
,
&c.
be
law
also
?
Videlicet
,
Both
[
](A19392-e86320-b)*
*
Facit
.
15.
q.
7.
cap.
1.
&
vlt.
institution
and
destitution
of
priests
dooth
notoriouslie
belong
to
the
office
of
the
Bishop
.
Belike
he
was
loth
to
attribute
so
much
vnto
them
,
as
must
either
cut
off
his
popular
election
,
or
improoue
that
,
which
he
saith
afterward
,
against
all
absolute
ordinations
.
His
next
allegation
which
he
left
without
[
](A19392-e86340-b)*
*
c.
dictum
est
dist.
81.
quotation
,
Vagatur
extra
oleas
,
and
speaketh
of
negligence
,
which
may
be
such
as
deserueth
deposition
.
And
this
may
as
well
happen
in
a
minister
worthie
and
sufficient
,
as
in
one
vnworthie
of
such
a
place
in
respect
of
disabilitie
.
And
yet
it
is
not
euerie
negligence
,
but
grosse
negligence
,
as
the
glosse
there
telleth
him
,
which
the
lawe
matcheth
with
Male
engine
that
deserueth
deposition
.
For
Magna
[
](A19392-e86380-b)*
*
L.
226.
magnaff
.
de
ver.
signif.
negligentia
culpa
est
,
magna
culpadolus
est
:
as
if
the
minister
being
required
to
baptize
a
child
,
being
verie
weake
,
shall
vpon
a
[
](A19392-e86400-b)*
*
1.
q.
1.
c.
neque
,
&c.
si
quis
per
ignorantian
.
dissolute
negligence
omit
to
doo
it
,
whereby
the
child
dieth
without
baptisme
,
he
deserueth
deposition
.
That
which
our
author
alledgeth
as
out
of
the
[
](A19392-e86410-b)*
*
1.
q.
1.
si
qui
Epi.
§.
ecce
.
canon
,
are
indéed
the
words
of
Gratian
,
collected
vpon
the
canon
,
are
notablie
by
our
author
falsified
and
wrested
.
For
whereas
Gratian
saith
;
Behold
where
Bishops
doo
escape
without
danger
of
their
estimation
(
for
ordeining
such
ministers
as
by
lawe
they
ought
not
)
so
that
they
may
as
priests
administer
all
other
sacraments
:
yet
from
this
onelie
,
(
Videlicet
the
sacrament
of
ordering
)
not
onelie
for
heresie
,
or
for
any
great
fault
,
but
euen
for
negligence
they
are
remooued
.
Our
author
cutting
the
sentence
off
by
the
waste
,
and
applieng
that
which
is
spoken
Falsification
manifest
.
of
the
Bishops
negligence
onelie
,
(
whereby
he
suffereth
some
ministers
to
escape
his
hands
whome
the
canons
allow
not
to
be
ordeined
)
vnto
euerie
minister
,
dealing
negligentlie
in
his
function
,
saith
in
stéed
of
it
,
thus
:
He
shall
not
onelie
be
remooued
for
heresie
,
or
other
greater
offense
,
but
for
negligence
also
.
Which
corruption
,
though
it
be
foule
in
it selfe
,
it
dooth
not
yet
beare
out
his
issue
,
that
a
minister
for
insufficiencie
to
preach
,
is
to
be
accompted
vnworthie
of
the
calling
,
and
therefore
to
be
remooued
.
33.
Section
.
Pag.
67
,
68
,
69
,
70.
HEe
that
dare
wrest
and
falsifie
texts
when
he
quoteth
them
,
whereby
others
may
examine
them
,
it
is
to
be
doubted
much
more
that
he
will
doo
it
,
when
he
leaueth
them
without
quotation
,
as
in
this
section
he
hath
done
his
two
first
allegations
out
of
the
ciuill
lawe
.
And
therefore
,
as
now
they
make
not
anie
whit
to
his
purpose
,
so
being
by
me
touched
with
the
originall
,
I
find
they
cannot
carrie
anie
shew
or
colour
with
them
.
For
what
dooth
the
Remoouing
of
such
a
clearke
that
either
will
not
doo
seruice
at
all
,
or
of
such
as
faineth
himselfe
to
be
one
when
he
is
not
,
or
the
[
](A19392-e86530-b)*
*
L.
qui
sub
praetextu
C.
de
sacra
eccles.
inhibition
to
bankers
and
exchangers
of
monie
,
méere
laie
men
,
That
they
leaue
not
off
their
trade
vpon
a
bare
title
of
collegiat
men
,
make
for
proofe
,
that
a
minister
vnworthilie
promoted
is
to
be
deposed
?
Naie
,
the
latter
place
which
he
was
vnwilling
to
quote
,
is
by
no
colour
appliable
to
this
purpose
.
Of
those
(
saith
the
law
before
the
words
by
him
alledged
)
which
vnder
a
pretense
of
deanes
or
collegiat
men
,
though
they
doo
not
execute
that
office
,
doo
yet
go
about
to
withdraw
themselues
from
other
functions
,
we
thought
good
to
meet
with
such
craftie
packing
;
least
any
should
vnder
colour
of
an
office
which
he
dooth
not
execute
,
be
disburdened
of
another
dutie
of
him
required
.
Now
these
deanes
and
collegiat
men
were
certeine
in
Constantinople
,
which
[
](A19392-e86580-b)*
*
Nouel
.
43.
&
59.
&
Alc.
c.
vlt.
lib.
1.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
being
appointed
out
of
seuerall
companies
of
trades
,
did
partlie
take
care
of
burieng
dead
bodies
,
and
partlie
were
emploied
in
other
publike
and
necessarie
affaires
of
that
citie
.
The
reason
of
these
lawes
and
canons
which
he
bringeth
,
are
foure
in
number
,
the
first
not
alledged
but
gathered
(
as
it
séemeth
)
out
of
the
text
quoted
,
is
;
That
a
possession
without
canonicall
institution
,
is
no
sufficient
establishment
in
a
benefice
.
And
this
institution
(
that
[
](A19392-e86600-b)*
*
c.
ex
frequentibus
Ext.
de
instit
.
decretall
saith
)
must
be
giuen
by
the
Bishops
diocesan
,
or
by
his
officiall
,
to
whome
it
apperteineth
.
I
will
easilie
grant
vnto
him
,
that
sole
possession
will
not
reléeue
any
minister
,
either
worthie
or
vnworthie
,
for
reteining
of
a
benefice
without
institution
.
Hereof
will
follow
,
that
all
such
as
haue
canonicall
institution
,
are
without
the
compasse
of
depriuation
as
in
this
respect
alone
.
This
matter
of
sole
possession
without
title
,
he
also
enlargeth
out
of
a
summarie
of
the
ciuill
lawe
;
that
Sole
possession
maketh
not
a
senator
or
captaine
,
but
lawfull
election
.
For
which
word
Election
,
as
it
séemeth
,
he
rather
chose
to
vse
this
summarie
,
than
the
law
it selfe
,
which
is
,
that
A
[
](A19392-e86640-b)*
*
L.
10.
ff.
de
decurionibus
.
man
is
not
made
a
decurion
,
onelie
bicause
his
name
is
written
in
the
table
,
vnlesse
he
be
also
created
a
decurion
according
to
lawe
.
These
decurions
in
the
common-weale
of
Rome
,
were
in
cities
and
towns
corporate
,
as
senators
were
in
the
citie
of
Rome
,
but
not
senators
in
déed
,
nor
enioyeng
all
priuiledges
as
senators
.
And
in
this
regard
the
law
saith
,
A
[
](A19392-e86690-b)*
*
L.
33.
c.
de
decur
.
li.
10.
decurion
,
or
(
if
I
may
so
terme
him
)
a
senator
of
his
owne
court
.
And
therfore
our
author
descrieth
his
ignorance
in
translating
him
a
senator
,
but
most
of
all
when
he
englisheth
him
also
a
capteine
.
But
if
so
be
herein
any
thing
had
sounded
to
his
purpose
,
yet
he
could
not
haue
reasoned
from
the
function
of
a
decurion
,
to
the
calling
of
a
minister
,
Et
ex
aduerso
,
except
the
lawe
had
made
a
paritie
betwixt
them
.
Else
might
I
as
well
reason
,
bicause
the
lawe
will
not
haue
a
[
](A19392-e86730-b)*
*
L.
11.
ff.
de
decurionibus
.
decurion
chosen
,
aboue
fiftie
fiue
yeres
of
age
,
that
therefore
a
minister
may
not
be
ordeined
aboue
that
age
.
And
bicause
a
man
[
](A19392-e86740-b)*
*
L.
6.
C.
de
decur
.
that
cannot
read
,
is
not
forbidden
to
exercise
the
calling
of
a
decurion
,
therefore
such
a
man
may
also
be
a
minister
.
The
next
is
,
bicause
prescription
dooth
not
reléeue
him
,
that
inioieth
any
thing
without
a
simple
Meaning
and
vpright
conscience
.
Which
men
so
ordeined
(
he
saith
)
doo
not
,
but
are
vniust
possessors
in
their
owne
conscience
,
therefore
by
their
owne
craft
and
guile
,
or
lewd
practise
,
they
are
not
to
reape
benefit
.
If
by
his
words
So
ordeined
,
he
meane
either
all
made
according
to
the
booke
by
law
established
,
or
all
such
as
were
made
without
popular
election
:
then
hath
he
left
vs
,
by
this
collection
,
no
ministerie
in
England
,
except
perhaps
two
or
thrée
leape-lands
,
which
like
neither
of
order
,
nor
ordering
,
on
this
side
of
the
sea
.
But
if
he
meane
onlie
such
,
as
are
not
able
to
preach
,
then
should
he
haue
prooued
his
Minor
,
that
all
such
are
vniust
possessors
,
euen
in
their
owne
knowledge
:
which
now
he
taketh
as
granted
by
his
olde
woonted
fallacie
of
Petitio
principij
,
which
neuer
falleth
him
at
such
a
pinch
as
this
.
And
séeing
such
ministers
haue
at
the
least
,
the
outward
forme
of
calling
by
law
,
and
are
to
be
intended
to
haue
a
persuation
that
they
are
inwardlie
also
called
,
and
(
as
all
other
men
naturallie
)
are
parcialie
affected
in
matters
tending
to
their
own
worldlie
behoofe
,
it
can
not
be
doubted
,
but
that
they
will
denie
that
that
his
assertion
,
that
they
should
be
guiltie
to
their
owne
consciences
,
of
vntusf
possessing
their
places
.
Furthermore
,
his
Maior
proposition
is
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
méere
stranger
to
this
purpose
,
séeing
no
minister
claimeth
the
holding
of
his
roome
by
prescription
,
which
requireth
a
number
of
yéeres
for
the
fulfilling
of
it
,
but
by
a
iust
&
canonicall
title
at
his
first
entrance
.
Againe
if
we
estéeme
it
by
the
ciuill
[
](A19392-e86810-b)*
*
Text.
in
l.
vnica
C.
de
vsucap
.
transfor
.
law
,
a
prescription
of
ten
years
,
betwixt
those
that
be
present
;
&
of
twentie
yeares
betwixt
those
that
be
absent
,
is
sufficient
,
where
good
faith
was
ment
at
the
beginning
:
that
[
](A19392-e86820-b)*
*
L.
qui.
scit
§
b●●e
fidei
.
ff.
de
Osuris
.
is
,
where
the
prescriber
did
not
knowe
the
thing
to
be
another
mans
,
although
perhaps
he
doubted
thereof
:
notwithstanding
that
afterwards
within
the
processe
of
that
time
,
he
knew
it
to
be
another
mans
:
yea
,
by
the
law
,
a
man
which
at
the
[
](A19392-e86830-b)*
*
L.
si
.
quis
emptionis
.
§.
quod
si
quis
C
de
prescrip.
30.
annorum
.
beginning
knew
it
to
be
another
mans
,
and
therefore
was
Malae
fidei
possessor
,
may
in
thirtie
or
fortie
yeares
prescribe
against
the
true
owner
:
both
which
by
the
[
](A19392-e86850-b)*
*
c.
quoniam
omne
,
&c.
vigilanti
Ext.
de
praescriptionibus
.
canon
laware
vtterlie
dissallowed
with
good
reason
,
and
according
to
Gods
word
.
By
which
may
also
appéere
by
the
waie
,
that
the
canon
law
reformeth
to
good
purpose
,
something
in
the
ciuill
lawe
,
and
therefore
is
not
wholie
to
be
contemned
.
Of
that
rule
of
law
,
That
no
man
is
to
be
inriched
with
another
mans
iniurie
or
losse
,
I
cannot
sée
how
he
can
gather
the
deposition
of
all
ministers
,
which
be
no
preachers
:
except
he
will
saie
,
that
some
preachers
without
liuing
,
be
hereby
damnified
or
iniuried
,
which
would
take
those
liuings
,
if
they
were
void
.
To
this
I
saie
,
[
](A19392-e86870-b)*
*
Dynus
in
reg.
locupletari
.
that
which
is
doone
by
disposition
of
law
,
is
not
accounted
any
mans
iniurie
or
losse
:
as
[
](A19392-e86880-b)*
*
L.
in
.
contractibus
c.
de
non
numerata
pecunia
.
if
I
giue
you
a
bill
of
my
hand
for
the
repaiment
of
a
certeine
summe
,
which
I
hope
to
borrowe
of
you
,
if
you
afterward
denie
to
lend
it
vnto
me
,
and
yet
kéepe
my
bill
,
and
I
sit
still
,
and
let
it
alone
by
the
space
of
two
yeares
,
it
will
be
then
too
late
for
me
,
to
obiect
in
barre
of
the
debt
,
that
I
neuer
receiued
the
monie
:
and
therefore
you
shall
by
law
recouer
the
debt
of
me
,
to
your
inriching
,
and
my
great
hinderance
,
notwithstanding
this
rule
of
law
.
Againe
,
it
is
not
another
mans
losse
or
iniurie
,
for
me
to
kéepe
that
liuing
,
which
was
neuer
his
,
nor
he
had
euer
any
interest
vnto
.
And
therefore
these
reasons
are
so
farre
from
giuing
strength
vnto
his
former
allegations
out
of
the
lawes
and
canons
,
to
prooue
his
conclusion
,
which
yet
being
trulie
vnderstood
,
is
to
be
verified
;
to
wit
,
that
The
abbettors
and
deed-dooers
are
to
be
punished
with
like
punishment
,
that
they
helpe
not
any
thing
to
prooue
the
other
his
more
particular
conclusion
;
to
wit
,
That
a
minister
not
able
to
preach
,
is
vnworthie
,
or
being
in
that
respect
vnworthie
,
is
therefore
to
be
deposed
.
Now
from
his
reasons
vpon
generall
rules
of
law
,
he
goeth
backe
to
talke
Once
againe
touching
the
displacing
of
ministers
that
cannot
preach
,
whom
he
calleth
Idol-shepherds
and
hirelings
,
vnto
his
reasons
of
likeliehood
taken
out
of
the
ciuill
and
canon
law
.
But
two
of
his
[
](A19392-e86920-b)*
*
Auth.
de
collatoribus
iubemus
collati
.
9.
de
poenis
in
6.
c.
degradatio
.
places
,
which
by
quotations
he
sendeth
vs
vnto
,
conteine
no
such
matter
as
he
alledgeth
.
And
there
is
no
such
lawe
as
L.
carceri
.
C.
de
custodia
reorum
,
neither
is
there
in
that
whole
title
any
such
thing
of
a
gailor
as
he
alledgeth
.
Naie
,
it
hangeth
not
togither
,
that
the
gailor
which
wittinglie
and
willinglie
offendeth
,
should
be
punished
lesse
gréeuouslie
,
than
when
he
faulteth
vnwillinglie
and
of
negligence
onlie
.
Of
like
sort
is
that
his
quotation
of
Feline
writing
vpon
C.
ex
literis
Ext.
de
rescriptis
:
wheras
there
is
no
such
chapter
whervpon
he
should
write
:
and
it
séemeth
he
was
deceiued
by
the
annotations
vpon
Bartol.
In
l.
2.
§
.
ignominiae
ff.
de
hijs
qui
notantur
infamia
,
where
this
place
is
indéed
so
quoted
,
though
falselie
.
That
which
he
speaketh
,
&
setteth
in
an
Italian
letter
,
as
though
it
were
some
lawe
,
but
without
quotation
touching
a
souldior
,
that
by
breaking
the
rules
of
warfare
deserueth
death
,
cannot
be
racked
by
similitude
or
comparison
any
further
,
than
that
a
criminous
minister
may
deserue
deposition
.
But
what
is
this
to
his
sufficiencie
i●
learning
,
or
his
abilitie
to
preach
?
Where
sacred
Antonine
the
great
,
togither
with
his
father
,
did
by
their
prescript
decide
as
is
alledged
:
our
author
translating
it
,
telleth
vs
,
that
he
And
his
father
before
him
haue
answered
:
not
much
vnlike
doltish
Dorman
our
countriman
,
that
translated
Diabolus
est
mendax
&
pater
eius
,
thus
:
The
diuell
is
a
lier
,
and
so
was
his
father
afore
him
.
Herevpon
he
insinuateth
certeine
Ministers
to
be
pretensed
to
forsake
their
standing
,
and
onelie
to
weare
the
ensigne
of
the
proclaimed
enimie
to
their
Lord
and
maister
.
If
he
thinke
all
are
but
pretended
,
and
doo
forsake
their
standing
which
cannot
preach
:
besides
that
it
is
too
vehement
an
accusation
without
proofe
;
it
is
also
vnproperlie
spoken
to
saie
any
dooth
forsake
that
which
he
neuer
had
,
nor
tooke
in
hand
.
By
the
ensigne
of
Gods
proclaimed
enimie
worne
by
ministers
,
it
cannot
be
doubted
but
he
meaneth
such
apparell
and
ornaments
of
ecclesiastiall
persons
,
as
this
church
by
law
hath
receiued
,
and
hir
most
excellent
Maiestie
requireth
.
And
therefore
where
this
foule
and
slanderous
mouth
Slanderous
speeches
and
factious
.
saith
,
they
are
Onelie
the
ensignes
of
Gods
proclaimed
enimie
,
he
sheweth
the
poison
of
his
stomach
against
hir
sacred
Maiestie
,
who
hath
commanded
these
ornaments
and
forme
of
apparell
to
be
vsed
.
But
if
either
he
or
any
other
hot
braine
whosoeuer
,
doo
thinke
that
either
they
are
vnlawefull
by
christian
magistrate
to
be
vrged
,
or
being
commanded
,
that
the
magistrate
herein
may
or
ought
to
be
disobeied
,
let
them
laie
foorth
their
reasons
in
bréefe
syllogismes
,
without
flaunt
or
flourish
to
dazle
the
eies
of
the
simple
,
and
they
shall
(
God
willing
)
shortlie
after
sée
their
boldnesse
to
be
greater
,
than
either
their
wit
or
learning
.
All
the
other
quotations
out
of
the
ciuill
and
canon
lawe
in
this
section
alledged
(
sauing
one
which
is
impertinent
)
tend
to
shew
either
what
is
required
of
doctors
in
philosophie
,
physicians
,
orators
,
&
grammarians
about
their
seuerall
professions
:
or
that
as
well
they
as
iudges
,
for
vnprofitablenes
in
their
seuerall
callings
,
may
be
againe
remooued
.
And
that
therfore
by
the
like
reason
,
ministers
for
their
vnprofitablenesse
and
vnablenesse
to
giue
counsell
,
which
he
childishlie
and
ignorantlie
terineth
[
To
consult
]
may
be
depriued
or
deposed
:
assuming
still
as
granted
,
all
to
be
vnprofitable
that
are
no
preachers
.
First
if
this
were
granted
,
yet
is
there
great
diuersitie
betwixt
readers
,
school●maisters
,
and
such
professors
,
who
are
chosen
to
be
reteined
so
long
,
and
no
longer
,
than
they
are
able
and
shall
performe
the
trade
of
teaching
and
function
,
to
the
which
they
are
allotted
:
and
ministers
beneficed
,
who
haue
a
title
for
terme
of
life
therein
,
and
in
respect
of
any
debilitie
or
infirmitie
arising
,
cannot
be
by
lawe
remooued
during
their
life
,
but
are
in
this
case
to
haue
a
coadiutor
appointed
vnto
them
by
the
Bishop
:
[
](A19392-e87050-b)a
a
Arg.
l.
83.
§.
sacramff
.
de
verb.
obligatio
.
&
d.
l.
§.
si
stichum
.
and
therefore
hereby
this
reason
is
ouerthrowne
.
Againe
Rodol
.
Agricola
[
](A19392-e87070-b)b
b
Li.
1.
de
inuent
.
ca.
25.
saieth
;
That
of
all
places
,
out
of
which
reasons
be
drawne
,
none
almost
is
of
lesse
force
against
an
auditor
that
resisteth
,
than
the
argument
taken
of
similitude
.
Furthermore
,
where
[
](A19392-e87090-b)c
c
Abb.
in
c.
cum
dilectus
Ext.
de
consuetu
.
ver.
prima
quod
.
the
matter
is
penall
(
as
in
those
cases
alledged
)
there
an
inference
cannot
be
brought
from
one
to
another
:
bicause
in
penalties
we
argue
not
to
the
like
by
like
;
for
[
](A19392-e87100-b)d
d
De
paenit
.
dist.
1.
§.
paene
,
&
10.
And.
super
gl
.
&
ita
c.
si
postquam
de
elect
.
in
6.
penalties
go
not
beyond
their
owne
proper
case
.
But
to
put
this
matter
quite
out
of
doubt
,
and
to
shew
the
vanitie
of
this
kind
of
reasoning
once
for
all
:
it
is
well
knowne
to
those
who
are
but
meanelie
studied
in
lawe
,
that
[
](A19392-e87110-b)e
e
L.
non
possunt
.
12.
cum
l.
sig.
l.
27.
&
32.
ff.
de
legibus
.
although
the
rule
be
,
that
Where
the
same
reason
is
,
there
the
lawe
also
is
the
same
,
yet
euen
then
when
a
difference
can
hardlie
be
taken
and
alledged
,
this
rule
hath
manie
limitations
;
namelie
where
some
speciall
lawe
is
repugnant
to
the
argument
,
drawne
from
the
identitie
of
reason
.
For
as
[
](A19392-e87120-b)f
f
Aristot
.
li.
2.
Rhetor.
ca.
de
solutionibus
.
Aristotle
saith
;
It
is
no
inconuenience
for
two
probable
matters
,
to
be
contrarie
the
one
to
the
other
.
For
there
is
lesse
authoritie
in
arguments
than
in
lawes
,
bicause
right
is
[
](A19392-e87140-b)g
g
L1
.
ff.
de
reg.
iuris
,
l.
5.
ff.
de
probat
.
not
to
be
established
out
of
generall
rules
,
but
from
especiall
and
particular
decisions
of
lawe
.
For
if
right
should
not
be
gathered
out
of
lawes
,
but
from
discourse
of
reasoning
,
and
from
generall
rules
which
be
gathered
vpon
the
lawes
,
then
would
the
law
be
not
onelie
infinite
,
but
also
vncerteine
,
yea
and
contrarie
in
it selfe
:
bicause
the
rules
of
law
be
almost
infinit
,
and
one
reason
may
easilie
be
insringed
by
another
reason
.
And
in
this
respect
Tullie
[
](A19392-e87160-b)*
*
Li.
1.
de
oratore
.
saith
:
In
the
ciuill
law
we
are
taught
,
not
by
disputations
to
and
fro
,
which
be
infinit
,
and
full
of
alteration
,
but
by
the
authoritie
and
direction
of
lawes
.
Also
this
rule
holdeth
not
;
[
](A19392-e87170-b)*
*
L.
7.
si
pupillorum
§.
si
praetor
.
ff.
de
rebus
minorum
.
where
a
man
is
adiudged
or
decréed
touching
some
certeine
persons
,
for
such
a
decree
is
not
to
be
drawne
to
all
cases
which
be
alike
.
Lastlie
this
reasoning
and
interpreting
any
case
by
a
like
lawe
,
vpon
the
sims●itude
of
reason
in
them
both
,
is
onelie
[
](A19392-e87180-b)*
*
L.
11.
Pomponius
ff.
de
praescriptis
verbis
.
L.
2.
§.
sed
quia
C.
de
vetcri
iure
enucleando
.
L.
11.
§.
cum
igitur
C.
de
legibus
.
permitted
to
him
that
hath
soueraigne
authoritie
and
rule
,
and
not
to
those
that
onelie
haue
single
iurisdiction
,
but
much
lesse
to
him
that
hath
neither
of
both
.
Neither
is
our
authors
intent
any
thing
holpen
by
Bartol.
vpon
L2
.
ff.
de
ijs
qui
notantur
infamia
,
bicause
he
hauing
there
shewed
,
that
there
is
one
degradation
of
souldiers
or
knights
,
verball
,
and
another
reall
:
and
when
two
processes
,
and
when
but
one
to
that
purpose
are
required
,
he
saith
:
Those
things
which
I
haue
said
of
the
degradation
of
soldiers
,
the
same
is
also
to
serue
about
degradation
of
doctors
and
clearkes
:
not
noting
that
for
the
like
offenses
,
they
all
are
to
be
deposed
,
but
that
the
like
maner
of
processe
is
appliable
to
them
all
.
As
for
that
which
is
said
,
that
He
which
vsurpeth
the
ensignes
or
armes
of
a
doctor
,
being
none
,
is
guiltie
of
forgerie
:
can
no
waie
serue
for
punishing
such
,
as
haue
the
outward
calling
into
the
ministerie
,
how
vnworthie
soeuer
:
but
such
as
doo
vsurpe
that
calling
,
without
any
externall
calling
,
whome
other
[
](A19392-e87230-b)*
*
Ext.
de
clerico
non
ordinato
ministrante
.
Canons
more
pregnant
than
this
lawe
dooth
sufficientlie
méet
with
.
34.
Section
.
Pag.
71.
NDw
at
the
last
our
author
hauing
quit
himselfe
like
a
man
,
and
prooued
sufficientlie
,
at
the
least
in
his
owne
conceit
,
all
ministers
to
be
vnworthie
,
and
to
deserue
in
that
respect
depriuation
,
which
cannot
preach
:
least
perhaps
the
magistrats
(
though
being
by
him
so
fullie
persuaded
)
should
neuerthelesse
faint
in
this
action
,
as
not
knowing
what
course
to
take
in
the
maner
of
procéeding
against
them
;
he
verie
gentlie
taketh
the
paines
to
tell
them
out
of
Panormitane
,
how
they
may
safelie
procéed
to
depriue
them
,
for
their
ignorance
and
want
of
learning
.
But
he
maketh
his
processe
to
reach
vnto
those
onelie
,
who
neither
haue
read
any
bookes
of
learning
,
nor
haue
béene
taught
by
others
reading
vnto
them
;
though
his
intended
purpose
was
to
disable
all
,
notwithstanding
they
had
both
read
priuatlie
,
and
heard
others
,
in
diuerse
sorts
of
good
learning
,
if
they
were
no
preachers
.
And
therefore
he
calleth
all
such
,
Idols
,
dumbe
,
bare
mumbling
ministers
,
and
hirelings
.
But
it
is
better
to
heare
the
words
of
Panormitane
himselfe
,
than
his
falsified
paraphrase
Panor
.
in
c.
vlt.
de
aetate
&
qualitate
.
vpon
them
.
Note
first
(
saith
he
)
that
want
of
knowledge
is
a
lawfull
cause
to
depose
a
man
from
a
Bishoprike
,
and
then
is
it
said
there
is
want
of
knowledge
,
when
he
knoweth
not
Grammar
.
Note
also
secondlie
,
that
knowledge
is
not
gotten
except
it
be
taught
by
another
,
or
else
he
himselfe
haue
read
bookes
tending
to
knowledge
.
And
so
this
maketh
against
them
that
will
pretend
to
learne
both
without
a
teacher
and
without
bookes
:
and
heere
of
you
may
gather
the
practike
of
deposing
a
man
in
science
ignorant
:
bicause
it
is
sufficient
if
the
witnesses
depose
,
that
he
neuer
read
any
bookes
,
nor
euer
went
to
schoole
,
or
heard
anie
reader
or
teacher
.
So
that
we
may
easilie
perceiue
Fa●●●fication
by
the
author
.
our
authors
falsification
hereof
,
when
as
he
by
his
translation
of
Panormitane
,
omitteth
wholie
that
Want
of
knowledge
is
ignorance
in
Grammar
,
and
maketh
both
the
priuate
studie
,
and
the
hearing
of
a
teacher
,
to
be
●●intlie
requisite
for
the
escaping
of
this
ignorance
:
wher
as
in
truth
Panormicane
requireth
but
either
the
one
or
the
other
to
this
purpos●
,
and
therefore
with
the
coniunction
,
and
,
taken
coniunction
&
non
diuisim
,
Panormitane
saith
;
A
man
cannot
learne
without
a
teacher
and
without
bookes
both
:
as
plainelie
appeareth
by
the
disiunctiue
following
,
whereof
if
any
part
be
true
,
all
is
true
.
Also
Panormitane
speaketh
here
,
not
of
euerie
inferiour
minister
,
but
of
a
Bishop
:
nor
of
want
of
any
other
knowledge
,
but
of
Grammar
.
And
least
of
all
by
him
is
it
reguired
(
as
our
author
séemeth
to
doo
)
that
a
minister
should
learne
that
strange
booke
Of
controuersies
of
the
gospell
.
Whereby
may
appéere
that
it
is
but
a
loose
&
vnperfect
rule
to
mesure
out
a
ministers
learning
or
abilitie
by
,
when
no
greater
stuffe
than
Grammar
is
necessarilie
required
of
a
Bishop
.
And
therefore
the
same
author
in
[
](A19392-e87460-b)*
*
In.
c.
nisi
.
Ext.
de
renuntiatione
.
another
place
saith
:
A
competent
or
reasonable
knowledge
is
sufficient
in
a
prelat
,
neither
is
it
any
lawfull
cause
to
resigne
and
giue
place
to
another
,
if
he
want
an
eminent
skill
.
And
againe
;
What
ibidem
.
if
a
prelat
be
ignorant
,
but
be
such
as
may
easilie
learne
?
The
glosse
saith
,
he
may
learne
,
and
then
licence
to
resigne
shall
not
be
granted
,
and
to
this
he
is
bound
,
although
he
be
an
old
man
.
And
therefore
he
in
generalitic
saith
;
Onlie
that
crime
is
of
sufficient
force
to
depose
a
man
,
which
ibidem
.
hindereth
the
execution
of
his
order
,
though
afore
he
haue
beene
solemnelie
penitent
.
And
that
this
skill
and
knowledge
is
in
no
greater
matters
,
than
in
Grammar
,
he
declareth
plainelie
thus
:
I
[
](A19392-e87530-b)*
*
Panor
in
c.
vlt.
in
fine
Ext.
de
eta.
&
quaiita
.
aske
(
saith
he
)
concerning
him
that
is
ignorant
in
Grammar
,
and
yet
by
vse
dooth
speake
perfectlie
,
if
such
a
one
be
alreadie
preferred
to
a
Bishopprike
or
other
dignitie
,
whether
he
shall
be
deposed
?
10.
de
Deo
.
li.
9.
16.
holdeth
,
that
if
otherwise
he
be
profitable
to
the
church
,
he
shall
not
be
deposed
.
And
to
this
(
decision
against
the
Bishop
of
Calinea
)
he
answereth
,
that
other
matters
(
as
heere
appeareth
)
were
obiected
against
him
,
and
to
this
purpose
maketh
this
:
He
that
knoweth
the
meaning
of
the
lawe
,
though
hee
haue
not
the
knowledge
of
it
,
is
borne
with
:
38.
Distincti
.
c.
sedulo
.
l.
scire
leges
.
ff.
delegibus
.
&
de
consecrat
.
dist.
2.
c.
primus
quidem
.
Also
their
dutie
may
be
by
others
supplied
,
c.
inter
caetera
,
Ext.
de
officio
ordinarij
.
Which
place
plainelie
speaketh
of
want
of
knowledge
,
in
which
regard
a
coadiutor
may
be
appointed
,
7.
9.
1.
c.
non
autem
c.
exparte
,
Ext.
de
clerico
aegrotante
.
And
as
to
the
lawes
that
may
be
brought
to
the
contrarie
,
25.
dist.
§
.
nunc
autem
.
8.
9.
1.
c.
qualis
.
81.
dist.
c.
statuimus
,
he
answereth
thus
,
that
they
are
onelie
to
be
vnderstood
of
those
that
are
not
yet
promoted
.
So
that
if
our
author
will
weie
our
inferiour
ministers
learning
,
in
no
other
scales
but
these
,
there
being
(
I
thinke
)
few
or
none
,
no
not
of
the
meanest
sort
,
which
haue
not
béene
trained
vp
in
Grammar
vnder
some
schoolemaister
,
or
at
least
by
their
owne
priuate
industrie
:
he
shall
be
so
farre
from
deposing
any
great
number
of
such
as
be
alreadie
ordered
,
though
their
ignorance
otherwise
were
not
tollerable
,
so
that
their
life
be
not
also
scandalous
:
that
it
may
truelie
be
said
,
his
deuise
would
not
so
much
inrich
hir
Maiesties
tresure
,
as
his
booke
hath
bewraied
his
meane
skill
in
law
,
and
his
cankred
affection
towards
the
present
state
,
hath
standered
hir
Maiesties
most
renowmed
gouernement
for
propagation
of
the
gospell
,
&
hath
troubled
the
quiet
repose
&
vnitie
of
this
church
.
35.
Section
.
Pag.
71
,
72.
IT
may
appeere
(
I
hope
)
sufficientlie
by
that
which
hath
béene
before
deliuered
,
that
there
is
no
cause
whie
we
should
●ie
to
a
disiunction
of
A
simple
curat
,
a
rurall
priest
,
or
a
plebeiane
prelat
,
by
himselfe
onelie
surmised
,
for
the
auoiding
of
any
of
his
Rurall
reasons
,
too
Simple
to
driue
vs
to
anie
such
poore
shifts
.
For
setting
aside
a
flood
of
words
,
vainelie
now
and
then
puffed
forward
by
the
wind
of
a
discontented
mind
,
and
furious
affection
,
I
cannot
call
to
remembrance
that
I
haue
perused
anie
booke
lesse
furnished
hitherto
with
pithie
proofe
,
lesse
approching
to
the
point
of
the
issue
pretended
,
or
more
confusedlie
tossed
to
and
fro
by
snatches
,
to
resume
that
,
which
once
it
séemed
he
had
relinquished
;
than
this
distracted
Abstract
dooth
.
And
héere
in
this
section
,
for
that
(
as
he
verie
generallie
auoucheth
)
All
lawes
directlie
doo
inhibit
a
man
to
take
vpon
him
an
office
wherevnto
he
is
vnfit
and
vncapable
;
he
inferreth
A
monstrous
and
damnable
vsage
to
be
tollerated
in
this
church
:
for
that
some
ministers
are
Such
as
know
not
for
what
,
or
how
to
present
their
supplication
to
God
,
neither
what
kind
of
diet
they
should
set
before
his
people
.
Truelie
I
wish
vnfainedlie
the
gift
of
Gods
spirit
were
doubled
and
redoubled
vpon
all
of
that
function
,
yea
that
all
the
Lords
people
could
prophesie
:
yet
can
I
not
without
intollerable
vnthankefulnesse
to
God
,
and
great
touch
of
hir
Maiesties
gratious
care
,
for
the
instructing
of
hir
people
,
so
debase
all
ministers
abilities
,
which
be
no
preachers
:
as
to
saie
,
they
know
not
either
for
what
they
ought
to
praie
,
or
that
the
word
of
God
is
the
onelie
food
to
the
soule
of
man
.
Or
shall
we
saie
,
that
none
knoweth
any
thing
,
nor
is
able
to
catechize
,
or
to
exhort
or
dehort
in
any
reasonable
measure
,
but
he
that
is
a
preacher
publikelie
licenced
?
Séeing
it
is
notorious
that
euen
in
the
reformed
[
](A19392-e87690-b)*
*
Art.
8.
des
mariages
en
la
discipline
du
France
.
churches
of
France
,
according
to
which
our
men
that
haue
their
heads
so
full
of
church-plots
,
would
séeme
to
haue
squired
out
all
their
frame
;
there
be
certeine
congregations
tollerated
,
where
they
haue
no
publike
sermons
,
but
praiers
and
certeine
exhortations
.
After
,
by
waie
of
ampliation
(
as
lawyers
of
later
times
terme
it
)
he
proceedeth
to
tell
vs
of
others
also
,
in
learning
farre
surmounting
those
whome
he
had
afore
so
disgraced
,
which
are
not
fit
to
be
made
strait
waies
ministers
:
namelie
grammarians
and
poets
from
Winchester
and
Eaton
,
philosophers
and
rhetoricians
of
long
continuance
in
the
two
Vniuersities
,
for
that
They
must
before
shake
off
vanities
,
and
forsake
their
vngodlinesse
,
where
with
they
haue
infected
their
minds
in
those
places
.
So
that
now
he
requireth
such
an
exactnesse
in
learning
and
life
,
farre
aboue
that
which
the
Canon
law
dooth
require
,
that
I
feare
me
he
would
either
leaue
vs
wholie
destitute
of
all
ministers
,
or
else
he
would
haue
them
so
fined
and
refined
,
that
the
Quintessence
must
be
in
a
verie
few
of
his
select
clients
.
But
the
two
Vniuersities
are
as
slenderlie
beholding
vnto
him
for
his
contumelious
report
of
them
,
as
he
was
to
either
of
them
,
which
could
purchase
there
no
more
sound
reasoning
nor
modestie
than
in
this
booke
is
shewed
.
And
I
thinke
it
may
be
truelie
auowed
to
the
glorie
of
God
,
that
the
two
Vniuersities
are
,
and
for
the
most
part
since
hir
Maiesties
happie
reigne
haue
béene
,
as
well
stored
with
sound
diuines
and
preachers
,
as
any
foure
Vniuersities
whatsoeuer
in
forreine
parts
.
And
although
some
part
of
the
old
frugalitie
and
discipline
is
perhaps
with
the
streame
of
time
quailed
,
which
is
to
be
lamented
;
yet
if
the
Vniuersities
on
the
other
side
be
laied
vnto
ours
,
in
respect
of
order
and
discipline
,
they
will
hardlie
carrie
a
vizard
of
orderlie
Vniuersities
.
And
what
are
those
Vanities
and
vngodlinesse
,
where
with
those
places
infect
the
minds
not
of
yoonglings
onelie
,
but
of
those
Who
haue
spent
manie
yeares
there
?
Belike
a
weauer
may
come
from
the
shuttle
,
and
a
bare
English
clearke
,
or
one
with
a
little
smacke
of
French
,
that
neuer
was
in
Grammar
schoole
,
nor
tooke
degrée
but
at
Botley
,
or
in
a
scriueners
shop
,
so
he
be
bold
and
zealous
(
as
they
terme
it
)
to
gird
at
his
superiours
,
and
the
orders
of
our
church
,
may
be
allowed
by
him
for
a
sufficient
and
a
well
qualified
preacher
:
but
if
a
graduate
come
from
the
Uniuersitie
,
he
must
be
cast
againe
and
new
founded
,
and
haue
some
countrie
schooling
,
and
be
purified
seauen
times
,
yet
he
can
be
made
to
beare
this
mans
touch
.
So
that
I
cease
to
maruell
at
some
,
whome
I
cannot
call
The
asses
of
our
schooles
,
bicause
they
were
neuer
able
to
kéepe
any
exercises
there
,
but
onelie
at
Carefax
or
●ulie-locke
in
Oxenford
,
and
at
the
Pumpe
tauerne
,
or
the
Howsen
in
Cambridge
:
who
being
at
the
Vniuersities
,
were
such
droanes
,
that
they
were
accompted
Non
proficientes
:
yet
they
afterwards
comming
into
some
countries
,
and
betaking
themselues
to
a
veine
of
contempt
of
all
order
,
and
to
a
strictnesse
in
godlie
words
,
as
the
Phariseis
did
in
externall
conuerstion
,
were
by
a
sudden
Metamorphôsis
transtigured
in
some
singular
mens
conceits
,
into
great
,
side
,
wide
,
and
déepe
clearkes
,
to
be
woondered
at
,
rather
than
to
be
followed
.
36.
Section
.
Pag.
72
,
73.
HEere
haue
we
another
ampliation
of
the
rule
of
vnfit
and
vncapable
ministers
,
excluding
all
that
haue
béene
popish
priests
,
quite
from
the
ministerie
for
euer
,
with
a
Non
obstante
,
whatsoeuer
Popish
lawyers
which
surmise
traitorouslie
all
the
professors
of
the
gospell
to
be
heretikes
and
schismatikes
shall
saie
to
the
contrarie
.
As
for
poperie
,
I
doo
by
the
mercie
of
God
disclaime
it
with
all
my
heart
,
and
the
skill
in
the
Canon
law
,
which
I
thinke
he
meaneth
,
I
leaue
to
him
that
gathered
these
his
texts
,
whether
he
were
Friar
or
lier
,
and
to
his
gentle
Glossographer
vpon
them
,
if
they
will
not
thinke
themselues
slandered
,
to
be
so
burdened
.
But
if
any
surmise
onelie
in
heart
,
as
he
writeth
:
I
would
to
God
for
the
safegard
of
hir
Maiestie
and
this
reahne
,
their
hearts
were
ripped
thorough
,
and
such
thoughts
written
in
great
letters
of
either
side
of
them
,
that
all
men
thereby
might
sée
as
much
,
as
this
man
thinketh
he
dooth
.
And
if
their
surmises
haue
also
growne
to
words
and
open
spéeches
,
I
hope
our
author
,
for
auoiding
the
danger
of
abetment
vnto
such
,
hath
reuealed
vnto
authoritie
such
traitorous
surmises
,
before
he
published
his
priuitie
with
them
,
in
a
printed
pamphlet
.
In
the
inlarging
of
his
assumpt
,
that
Papists
are
heretikes
,
he
speaketh
not
like
a
diuine
,
to
saie
,
that
anie
being
baptized
(
which
is
to
vs
as
the
couenant
of
circumcision
was
in
the
old
law
)
is
an
alien
from
the
couenant
of
God
.
For
hereof
it
would
followe
,
that
a
papist
once
baptised
,
and
forsaking
his
poperie
,
*
De
consecra
.
dist.
4.
c.
non
in
vobis
ex
Aug.
ad
.
Donatistas
.
shoudl
be
baptized
againe
before
he
could
be
accounted
in
the
couenant
,
and
of
the
true
church
;
which
is
plaine
Anabaptisme
.
That
which
is
said
by
him
,
of
the
force
of
the
Act
of
parlement
,
concerning
the
submission
of
the
clergie
,
is
vainelie
and
impertinentlie
alledged
,
séeing
that
part
of
the
act
might
remaine
in
force
:
though
it
had
béene
so
,
that
the
other
part
establishing
all
Canons
,
&c
:
had
béene
reuersed
and
repealed
.
Now
,
although
the
act
in
the
1.
yeare
of
hir
Maiesties
reigne
is
thought
by
many
,
not
to
stretch
so
farre
as
to
make
Papisme
heresie
,
to
that
intent
to
punish
them
by
the
penalties
of
law
appointed
to
heretikes
:
yet
will
I
easilie
grant
,
that
dubbed
papists
in
tearmes
of
true
diuinitie
be
grosse
heretikes
,
and
some
points
of
their
doctrine
to
be
both
hereticall
to
GOD
,
and
traitorous
to
princes
.
Neuerthelesse
,
the
place
quoted
in
the
Decretals
by
our
author
,
for
proofe
that
therefore
such
vpon
abiuration
and
renouncing
of
their
schismes
and
heresies
,
may
not
be
chosen
,
admitted
or
tollerated
to
beare
any
ecclesiasticall
Corruption
of
the
text
.
office
,
prooueth
no
such
matter
.
The
words
alleged
,
are
his
words
and
collection
,
flat
contrarie
to
the
text
it selfe
,
which
is
;
Wheras
[
](A19392-e88080-b)*
*
c.
quia
Ext.
de
elect
.
&
elect
.
potest
.
you
carefullie
haue
required
whether
you
ought
to
confirme
the
election
of
him
,
which
hauing
abiured
schisme
,
is
returned
to
the
vnitie
of
the
church
:
I
thought
good
to
answer
,
that
if
he
haue
receiued
Gl.
ibid.
in
verb.
suseeperit
.
ex
c.
1.
inf.
de
schismat
.
no
order
of
a
schismatike
(
so
that
nothing
else
doo
hinder
)
I
doo
permit
him
by
way
of
dispensation
to
be
confirmed
.
Where
it
appeareth
,
that
by
dispensation
of
the
superiour
,
one
which
hath
béene
a
schismatike
,
may
be
admitted
to
a
higher
promotion
.
So
that
this
place
and
the
other
being
not
so
much
as
alledged
to
any
further
purpose
,
than
to
hinder
such
as
had
béene
schismatikes
and
heretikes
,
from
being
admitted
to
those
ecclesiasticall
functions
,
which
afore
they
had
not
:
that
part
of
his
Maior
remaineth
yet
naked
,
that
such
may
not
beare
an
ecclesiasticall
office
,
and
be
tollerated
in
that
place
that
they
were
in
before
.
The
second
allegation
manifestlie
speaking
of
those
,
that
being
Heretikes
,
or
beleeuers
of
them
,
&c:
are
not
to
be
admitted
to
any
ecclesiasticall
benefice
,
or
publike
office
,
is
notoriouslie
by
him
falsified
,
by
a
Fallacie
ab
accentu
:
where
without
Falsification
.
any
interpunction
,
he
translateth
,
[
](A19392-e88150-b)*
*
c.
2.
§.
haeretici
de
haereticis
in
6.
Haeretici
autem
,
credentes
,
receptatores
,
&c:
ad
nullum
,
&c:
admittantur
,
beléeuing
heretikes
,
their
receiuers
,
&c:
let
them
not
be
admitted
to
anie
benefice
:
bicause
he
would
haue
it
sound
,
as
though
it
were
spoken
of
heretikes
conuerted
,
and
now
become
true
beléeuers
.
The
falsehood
and
vanitie
whereof
appeareth
,
for
that
it
is
no
reason
,
such
as
fauour
a
true
beléeuer
,
though
he
haue
béene
sometime
an
heretike
,
should
be
debarred
from
ecclesiasticall
liuing
.
Also
this
his
sense
of
this
canon
,
being
in
force
as
he
saith
,
dooth
exclude
all
men
in
England
,
and
their
children
and
nephewes
,
from
bearing
any
publike
office
,
if
euer
they
were
papists
in
times
past
.
Furthermore
,
by
this
interpretation
,
the
begining
of
this
Chapter
would
hinder
all
that
haue
béene
papists
from
christian
buriall
,
and
procure
such
as
are
alreadie
buried
to
be
digged
vp
againe
;
euen
the
verie
summarie
of
that
§
.
ouerthroweth
this
wilfull
and
childish
corruption
.
The
preferment
(
saith
Domin
.
)
of
heretikes
,
of
those
which
beleeue
them
,
or
fauour
them
,
&c:
is
of
no
force
or
validitie
.
In
summa
ibid.
In
the
[
](A19392-e88210-b)*
*
c.
vt
commissi
.
ibid.
same
title
,
those
selfe-same
words
are
againe
repeated
,
sufficientlie
conuincing
his
interpretation
.
Againe
the
law
it selfe
dooth
plainelie
set
downe
the
true
meaning
thereof
in
these
words
;
This
[
](A19392-e88230-b)*
*
c.
statutum
§.
hoc
sane
ibidem
.
truelie
that
is
spoken
of
the
children
and
nephewes
of
heretikes
,
beleeuers
of
heretikes
,
and
such
of
like
sort
,
seemeth
ro
be
vnderstood
of
the
children
of
those
that
either
be
still
such
,
or
which
may
be
prooued
to
haue
departed
this
life
being
such
:
and
not
of
their
children
,
whome
it
may
appeare
to
haue
beene
reformed
,
and
incorporate
againe
to
the
vnitie
of
the
church
.
And
him
that
desireth
futher
euidence
in
this
matter
,
I
remit
for
breuitie
to
the
[
](A19392-e88250-b)*
*
Gl.
in
c.
1.
ver.
nota
de
schism
.
in
6.
c.
si
aduersus
.
c.
excommunicamus
.
§.
credentes
.
c.
excommun
.
2.
§.
si
qui
autem
Ext.
de
hereticis
.
piaces
here
quoted
.
The
contrarie
of
this
doctrine
of
his
,
may
be
prooued
by
the
example
of
Aaron
,
who
was
an
idolater
or
an
abbettor
of
idolatrie
in
the
golden
calfe
,
and
yet
was
not
vpon
his
repentance
put
from
his
priesthood
.
Likewise
by
Peter
,
whose
reuolt
and
ten●porarie
apostasie
in
denieng
his
maister
Christ
,
was
no
lesse
hainous
,
than
the
sinne
of
our
idolatrous
priests
,
who
for
the
most
part
sinned
but
of
ignorance
in
that
generall
blindnesse
:
and
to
the
like
end
also
[
](A19392-e88280-b)*
*
c.
vt
constitueretur
50.
dist.
ex
Aug.
ad
Bonifacium
.
this
example
is
else-where
alledged
.
Likewise
Augustine
,
afterward
a
famous
Bishop
,
was
by
the
space
of
manie
yeares
a
detestable
Manichee
,
as
he
witnesseth
of
himselfe
.
Also
Tharasius
the
patriarch
in
the
councell
of
Meldis
,
being
the
seuenth
councell
,
propounded
thus
to
the
whole
councell
:
Dooth
[
](A19392-e88340-b)*
*
c.
conuenientibus
1.
q.
7.
ex
concilio
Meldensi
,
siue
septima
synodo
.
it
please
you
,
that
those
which
haue
returned
from
heresie
,
shall
reteine
their
former
roomes
?
The
holie
moonkes
answered
;
As
the
sixe
generall
councels
haue
receiued
those
which
haue
returned
from
heresie
,
so
doo
we
receiue
them
.
And
the
whole
councell
answered
;
It
pleaseth
vs
all
.
And
Basilius
the
Bishop
of
Anchyra
,
Theodorus
the
Bishop
of
Mirea
,
and
Theodosius
the
Bishop
,
were
willed
to
sit
according
to
their
degrees
in
their
seates
.
And
a
little
before
the
said
Patriarch
saith
;
Behold
manie
bookes
of
canons
,
of
synodes
,
and
of
ancient
fathers
haue
beene
read
,
and
they
haue
taught
vs
to
receiue
those
which
returne
from
heresie
,
if
there
be
no
other
cause
in
them
to
the
contrarie
.
And
the
glosse
[
](A19392-e88380-b)*
*
Gl.
1.
ibidem
.
there
gathereth
the
whole
summe
of
that
action
thus
:
They
decreed
,
that
they
who
returned
from
heresie
,
were
to
be
restored
to
their
former
estate
,
so
that
in
writing
they
doo
renounce
the
heresie
,
and
make
proprofession
of
the
catholike
faith
.
But
those
are
not
so
to
be
receiued
,
which
of
purpose
procured
themselues
for
the
subuersion
of
our
faith
to
be
ordeined
by
heretikes
.
Againe
saith
[
](A19392-e88400-b)*
*
c.
quod
pro
remedio
§.
similiter
.
ibid.
the
canon
:
Likewise
by
dispensation
,
in
the
verie
councell
of
Nice
,
it
was
decreed
concerning
the
Nouatians
:
that
vpon
their
returne
againe
to
the
church
,
they
might
be
receiued
to
orders
.
There
is
also
[
](A19392-e88420-b)*
*
c.
quotien●
ibidem
.
set
downe
the
forme
of
an
abiuration
for
a
Bishop
,
returning
from
schisme
.
Further
Leo
[
](A19392-e88440-b)*
*
c.
maximum
ibidem
.
saith
concerning
a
Donatist
:
Although
Maximus
was
vnlawfullie
of
a
meere
laie
man
ordeined
(
suddenlie
)
to
be
a
Bishop
,
yet
if
he
now
be
no
Donatist
,
and
be
free
from
a
schismaticall
spirit
,
we
doo
not
thinke
good
to
put
him
from
that
Bishoplie
dignitie
,
which
but
so
so
he
hath
attained
.
Mention
[
](A19392-e88460-b)*
*
Daibertu●
ibidem
.
also
is
made
of
one
Daibertus
,
which
hauing
taken
order
of
deaconshop
of
one
Nezelon
an
heretike
,
which
also
had
none
other
ordination
but
of
an
heretike
,
was
a
fresh
made
a
deacon
;
not
that
the
order
was
reiterated
,
but
bicause
he
could
not
be
said
to
receiue
that
at
anothers
hands
,
which
the
partie
himself
had
not
.
Augustine
[
](A19392-e88500-b)*
*
c.
ipsa
pieta●
in
fine
23.
q.
4.
ex
August
.
ad
Bonifacium
.
speaking
of
the
repentant
Donatists
saith
;
Let
them
haue
a
bitter
sorowe
of
their
former
detestable
errour
,
as
Peter
had
vpon
feare
of
his
lie
,
and
let
them
come
to
the
true
church
of
Christ
,
the
catholike
church
their
mother
:
and
let
them
be
clearkes
and
Bishops
in
that
church
profitablie
,
which
before
carried
hostile
minds
against
it
;
we
doo
not
enuie
them
,
but
we
imbrace
them
,
exhort
them
,
and
wish
it
of
them
,
and
whome
we
find
in
the
hedges
and
high
waies
we
vrge
to
come
in
.
And
the
Decretall
epistle
dooth
no
otherwise
debarre
heretikes
being
ecclesiasticall
men
from
continuing
their
function
,
but
[
](A19392-e88540-b)*
*
c.
ad
abolendam
.
when
vpon
the
finding
out
of
their
error
,
they
shall
refuse
presentlie
and
willinglie
,
to
returne
to
the
vnitie
of
the
catholike
faith
.
And
touching
such
[
](A19392-e88550-b)*
*
c.
omn.
1.
q.
1.
c.
si
qui
presbyteri
.
1.
q.
7.
canons
as
in
apperance
at
the
first
séeme
contrarie
:
the
[
](A19392-e88560-b)*
*
c.
nos
consuetudinem
,
dist.
12.
glosse
verie
truelie
reconcileth
them
together
saieng
;
By
common
right
none
that
returneth
from
heresie
may
be
ordeined
;
but
such
are
dispensed
with
,
as
when
they
are
suffered
to
be
preferred
to
the
lower
orders
.
1.
q.
1.
c.
si
quis
haereticae
.
The
dispensation
is
full
when
he
may
be
made
priest
,
but
no
further
,
1.
q.
7.
c.
conuenientibus
.
It
is
more
full
,
when
he
may
be
made
a
Bishop
,
but
not
a
Primate
,
as
in
this
place
:
it
is
most
plentifull
,
when
he
may
be
promoted
to
all
other
dignities
,
23.
q.
4.
c.
ipsa
pietas
.
Yea
besides
the
continuall
practise
and
custome
of
this
realme
,
euen
in
hir
Maiesties
iniunctions
,
made
the
first
yeare
of
hir
blessed
reigne
,
of
Priests
then
,
which
had
but
small
learning
,
and
had
of
long
time
fauoured
fond
fantasies
,
rather
than
Gods
truth
(
which
must
,
considering
the
time
then
,
néeds
he
vnderstood
of
massing
priests
)
it
is
affirmed
,
that
Their
office
and
function
is
of
God
,
and
therfore
that
they
are
to
be
reuerenced
.
And
the
[
](A19392-e88630-b)*
*
13.
Elza
.
cap.
12.
statute
cléerlie
decideth
the
tollerating
of
all
priests
in
their
functions
,
ordered
neither
in
the
time
of
king
Edward
,
nor
in
hir
Maiesties
reigne
,
so
they
publikelie
did
testifie
,
before
a
time
there
prefixed
,
their
vniformitie
with
this
church
in
matters
of
religion
.
By
the
practise
of
our
church
(
after
God
had
opened
their
eies
to
sée
the
truth
)
they
were
not
onely
tollerated
,
but
some
of
them
aduanced
by
our
godlie
Princesse
to
the
highest
dignities
in
it
.
And
God
did
not
onlie
singularlie
blesse
their
ministerie
towards
others
,
but
vouchsafed
the
persons
of
some
of
them
the
crowne
of
martyrdome
.
Euen
in
the
reformed
churches
of
France
,
thought
of
all
other
by
our
men
most
strict
,
and
woorthiest
of
imitation
,
such
as
had
béene
popish
priests
(
as
may
appeare
)
were
tollerated
to
continue
their
function
,
and
to
reteine
their
benefices
being
conuerted
to
the
gospell
.
Comme
[
](A19392-e88670-b)*
*
Pierre
Viret
in
Decalog
.
ie
ne
veux
,
&c.
As
I
will
not
(
saith
Viret
)
at
all
condemne
the
tolleration
vsed
towards
such
,
for
christian
charitie
sake
,
and
bicause
they
should
not
bee
driuen
to
despaire
:
so
would
I
also
desire
they
should
vnderstand
,
that
they
may
not
hold
those
goods
with
a
good
conscience
,
except
they
labour
to
the
vttermost
of
their
power
,
according
to
the
estate
whereto
God
hath
called
them
,
to
the
edification
of
the
church
,
and
the
releefe
of
the
poore
,
whose
goods
they
inioy
.
And
to
this
effect
he
also
speaketh
more
at
large
in
an
epistle
written
to
the
faithfull
.
And
it
is
conteined
in
the
[
](A19392-e88700-b)*
*
La
discipline
eccles.
des
esglises
reformes
duroyaulme
de
France
,
art
2
&
3.
discipline
set
downe
by
all
the
reformed
churches
of
France
,
that
Bishops
,
priests
,
and
monks
,
conuerted
to
the
gospell
from
Poperie
,
might
be
assumed
to
the
ministerie
of
the
gospell
,
after
the
confession
of
their
faults
and
errors
,
and
good
experience
had
of
their
conuersation
and
doctrine
.
The
like
may
be
said
of
other
churches
abroad
,
which
for
their
first
planting
vsed
the
ministerie
of
notable
men
,
which
before
had
béene
Massing
priests
.
Naie
,
it
were
a
manifest
abridging
of
hir
Maiesties
prerogatiue
roiall
,
to
bind
hir
Highnesse
hands
by
such
Canons
,
if
there
were
any
,
from
aduancing
men
in
all
other
respects
fit
for
the
vse
of
the
church
,
being
against
both
hir
Maiesties
owne
practise
,
and
hir
most
excellent
brothers
the
vertuous
K.
Edward
.
So
that
we
may
conclude
,
the
truth
of
his
Maior
proposition
is
as
good
and
no
better
,
than
his
dealing
in
the
allegations
for
the
proofe
of
it
was
plaine
and
vpright
.
37.
Section
.
Pag.
74
,
75
,
76.
THose
things
which
I
haue
afore
alledged
,
conteining
particular
decisions
of
lawe
,
contrarie
to
his
absurd
and
vncharitable
assertion
against
penitent
sinners
;
I
trust
may
satisfie
our
author
:
séeing
for
feare
of
a
rule
not
generall
,
and
with
more
limitations
against
it
,
than
with
it
,
he
is
content
to
let
go
his
former
hold
.
For
he
saith
,
though
Manie
things
are
not
to
be
doone
of
vs
,
which
being
once
doone
must
stand
;
yet
the
Massing
priests
might
neuerthelesse
and
ought
to
haue
béene
secluded
From
the
ministerie
at
the
entrie
of
hir
Maiesties
reigne
.
So
that
it
seemeth
he
alloweth
of
their
tolleration
now
to
remaine
in
their
roomes
:
though
by
the
waie
he
accuse
both
hir
Maiestie
and
the
whole
state
then
,
Accusation
of
hir
Maiestie
and
the
state
,
for
want
of
discretion
.
as
not
performing
their
duties
herein
,
and
of
vnaduised
translating
of
the
canon
lawes
vnto
vs
.
And
here
againe
he
sheweth
his
great
skill
in
Law
and
Logike
,
when
he
would
both
haue
had
the
canon
law
then
wholie
abrogated
:
and
yet
by
that
law
,
he
would
haue
had
such
as
had
sometimes
béene
Massing
priests
,
and
conuerted
to
the
gospell
,
debarred
from
the
ministerie
.
The
[
](A19392-e88890-b)*
*
c.
sollicitudinem
Ext.
de
appellat
.
&
ibi
.
gl
.
ver.
tanquam
aduersa
remissi●e
.
lawe
saith
,
He
that
alledgeth
contraries
,
is
not
to
be
heard
.
Therefore
to
helpe
vp
the
matter
fullie
on
his
side
,
he
surmiseth
by
waie
of
admittance
,
that
They
are
idolators
still
,
or
that
they
doo
keepe
backe
from
the
people
the
word
of
God
:
and
therefore
are
to
be
remooued
.
And
it
is
a
maruell
,
that
his
skill
in
law
was
not
such
as
to
haue
alledged
for
proofe
hereof
full
wiselie
,
Semel
malus
semper
praesumitur
malus
.
But
who
art
thou
that
thus
iudgest
another
mans
seruant
,
who
either
standeth
or
falleth
to
his
owne
lord
?
And
who
,
if
either
Their
insufficiencie
,
negligence
,
contempt
,
oridolatrous
hearts
may
be
duelie
found
out
,
wherewith
he
chargeth
them
,
are
not
to
be
tollerated
any
more
Railing
against
orders
of
the
church
.
in
respect
of
their
conformitie
to
weare
cap
and
surplesse
,
by
law
prescribed
,
which
(
I
doubt
not
)
but
vnder
their
persons
be
here
ment
to
make
absolutelie
odious
:
than
his
clients
are
to
be
borne
with
,
who
in
contempt
of
lawe
doo
swing
vp
and
downe
at
communion
and
else-where
,
onelie
in
their
side
cloakes
,
more
like
ruffians
and
drouers
,
than
sage
and
staied
ministers
,
in
a
setled
church
.
And
where
he
goeth
about
to
heale
that
which
belike
he
feared
would
be
obiected
,
concerning
the
[
](A19392-e88950-b)*
*
2.
Kings
.
ca.
23.
ver.
8
,
9.
priests
of
the
high
places
,
whome
Iosias
brought
out
of
all
the
cities
of
Iuda
,
and
suffered
them
to
eate
of
the
vnleauened
bread
among
their
brethren
,
he
is
but
afraid
herein
of
his
owne
shadow
:
for
he
seeth
there
are
other
more
pregnant
places
a
great
deale
Falūficatiō
.
to
this
purpose
.
But
here
he
hath
also
falsified
the
text
,
in
making
these
Priests
of
the
high
places
,
the
Priests
of
Baal
,
(
whose
priests
are
indéed
spoken
of
in
the
fist
verse
)
and
by
calling
the
Vnleauened
bread
by
the
name
of
Tithes
and
offrings
.
And
here
also
,
by
waie
of
recapitulation
of
that
which
had
béene
spoken
foure
or
fiue
pages
before
,
he
flingeth
backe
againe
,
to
inforce
the
remoouing
of
a
minister
for
insufficiencie
or
negligence
,
as
well
as
men
in
diuers
other
functions
are
for
the
like
to
be
remooued
:
which
his
reason
is
answered
afore
.
And
at
the
closing
vp
hereof
(
as
Orators
doo
,
when
at
the
first
and
in
the
end
,
they
set
their
most
forceable
persuasions
,
to
leaue
the
déeper
impression
)
he
allegeth
thrée
lawes
belike
as
the
verie
cutthrotes
of
all
.
A
permission
was
[
](A19392-e89050-b)*
*
L.
12.
si
quis
cterialis
C.
de
Epi.
&
Cleric
.
giuen
vnto
Decurions
by
Theodosius
the
emperour
,
vpon
relinquishment
of
their
goods
to
become
clearkes
.
Which
the
emperours
following
thought
good
to
abrogate
,
by
calling
backe
publike
officers
and
ministers
,
which
either
in
regard
of
the
troubles
of
such
functions
,
of
superstition
and
admiration
of
that
kind
of
life
,
or
for
the
enioyeng
of
the
immunities
of
clearkes
,
would
leaue
their
former
roomes
destitute
,
and
procure
themselues
to
be
ordeined
clearkes
,
in
some
great
church
amongst
other
.
But
I
sée
not
what
this
may
prooue
,
sauing
that
princes
heretofore
haue
made
lawes
,
to
bring
backe
ecclesiasticall
persons
from
the
seruice
of
the
church
,
which
vnduelie
and
with
forsaking
of
their
former
vocation
they
vndertooke
.
As
for
bond
men
,
which
by
their
maisters
consent
first
taking
vpon
them
to
be
Moonkes
(
all
which
were
in
those
[
](A19392-e89090-b)*
*
c.
a
subdiac●●
no
93.
dist.
daies
laie
men
)
did
relinquish
their
solitarie
life
afterwards
,
and
therefore
were
brought
backe
to
their
old
slauerie
,
least
they
should
reape
benefit
,
and
their
maisters
by
such
collusion
be
damnified
:
I
cannot
sée
to
what
end
it
is
brought
,
but
to
make
vp
a
number
,
and
to
range
in
a
ranke
with
the
rest
.
His
last
allegation
here
is
his
owne
collection
,
and
not
the
law
it selfe
in
either
of
the
places
quoted
,
which
prooue
onelie
that
infamie
,
which
is
Infamia
iuris
,
is
sufficient
cause
of
remoouing
a
man
from
an
office
of
credit
,
and
saie
nothing
of
hindering
him
to
aspire
to
such
a
place
as
is
here
alledged
:
although
the
law
be
elsewhere
as
pregnant
for
the
one
as
for
the
other
.
And
though
this
be
true
,
and
to
be
applied
also
to
ministers
,
yet
is
it
not
by
force
of
these
lawes
onelie
,
but
by
vertue
of
other
Canons
,
especiallie
prouided
for
that
end
and
purpose
.
38.
Section
.
Pag.
76
,
77.
HEre
he
rangeth
still
further
and
further
from
his
issue
,
which
is
,
that
such
a
learning
as
enableth
a
man
to
preach
,
and
none
other
is
,
allowed
of
by
lawe
in
a
minister
:
and
would
now
forsooth
prooue
our
ministers
to
be
no
ministers
at
all
,
for
that
they
are
not
made
according
to
the
forme
and
maner
which
the
law
prescribeth
.
That
they
are
not
so
made
,
he
leaueth
as
yet
vnprooued
,
and
taketh
it
of
the
readers
liberalitie
as
granted
vnto
him
,
which
neuer
ment
to
ease
him
of
that
paines
.
The
reason
of
the
consecution
,
if
they
be
not
in
that
maner
and
forme
made
and
ordered
as
is
appointed
,
that
then
They
are
no
ministers
in
deed
and
truth
,
but
onelie
in
shew
and
appeerance
;
hereof
he
thinketh
may
be
established
,
bicause
the
statute
saith
:
Those
which
be
or
shall
be
made
deacons
or
ministers
after
the
forme
and
order
prescribed
,
shall
be
by
authoritie
thereof
declared
and
enacted
to
bee
,
and
shall
bee
priests
,
ministers
and
deacons
,
and
rightlie
made
and
ordered
,
&c.
And
if
hereof
may
be
gathered
,
that
therefore
none
shall
be
accompted
deacons
,
priests
,
or
ministers
,
but
which
be
ordered
in
that
precise
and
exact
forme
:
then
will
it
follow
that
no
Deacons
and
Priests
ordered
in
the
times
of
king
Henrie
,
and
Quéene
Marie
,
are
to
be
so
accompted
with
vs
for
Priests
,
whereof
the
contrarie
afore
is
shewed
.
Then
also
none
made
and
ordered
by
a
Bishop
consecrated
in
those
times
,
as
the
most
ministers
were
at
hir
Maiesties
first
entrance
,
shall
be
true
Deacons
or
Ministers
,
though
in
other
points
the
forme
of
the
booke
be
obserued
wholie
,
bicause
by
that
reckoning
,
the
Bishops
that
ordered
them
,
being
also
consecrate
after
another
forme
,
were
no
Bishops
,
and
so
those
which
haue
béene
consecrated
of
them
since
,
no
Bishops
likewise
,
being
not
consecrate
by
verie
Bishops
:
and
consequentlie
neither
the
Priests
ordered
after
the
popish
maner
,
nor
any
of
our
Deacons
and
Ministers
now
are
by
this
mans
collection
True
deacons
or
ministers
,
but
onelie
in
shew
and
apperance
.
En
quo
discordia
ciues
perduxit
miseros
.
Naie
then
are
all
the
ministers
of
other
reformed
churches
,
being
not
ordered
according
to
this
forme
,
to
be
accompted
as
no
true
ministers
;
but
especiallie
some
of
our
owne
countrie
men
(
who
yet
thinke
themselues
more
lawfullie
called
than
any
of
ours
besides
,
bicause
they
were
ordered
beyond
sea
after
another
maner
)
shall
be
in
the
same
Predicament
with
others
;
seeing
our
author
hath
taught
vs
to
reason
out
of
this
statute
,
both
affirmatiuelie
and
negatiuelie
.
But
I
haue
somewhat
aforeshewed
,
how
far
an
argument
A
contrario
sensu
dooth
hold
,
and
the
common
lawyers
can
tell
him
,
that
this
statute
being
in
the
affirmatiue
onelie
,
may
well
establish
those
as
true
ministers
which
be
ordered
according
to
that
forme
,
but
cannot
seclude
all
others
,
though
they
be
not
so
ordered
.
But
his
dealing
Malice
palpable
.
is
woorth
the
marking
,
whose
proofe
being
generall
against
all
,
not
ordered
in
maner
and
forme
as
is
required
,
yet
he
concludeth
onelie
against
Vnlearned
ministers
,
that
by
law
they
are
no
ministers
at
all
;
when
as
the
want
of
obseruation
of
that
forme
,
will
disable
by
his
construction
euen
the
best
learned
,
as
fullie
as
the
vnlearned
.
39.
Section
.
Pag.
77
,
78
,
79
,
80.
THat
the
not
obseruance
of
the
maner
and
forme
in
any
point
(
for
so
must
his
indefinite
spéech
héereof
néeds
be
construed
)
about
ordering
of
Deacons
and
Ministers
,
dooth
infect
the
whole
action
,
and
maketh
it
of
no
validitie
in
law
;
he
here
laboureth
to
inferre
vpon
diuerse
places
out
of
the
law
Ciuill
,
Canon
,
and
Common
,
which
to
diuerse
purposes
doo
séeme
necessarilie
to
require
a
set
and
an
exact
forme
for
accomplishment
of
them
.
In
his
first
allegation
to
this
purpose
,
I
note
his
want
of
iudgement
.
For
that
[
](A19392-e89450-b)*
*
L.
si
is
qui
§.
quaedam
ff.
ad
〈◊〉
.
Falcidiam
.
law
compelleth
an
heire
or
executor
to
perfect
and
finish
such
works
as
the
testator
hath
willed
to
be
made
,
yea
though
the
fourth
part
of
the
whole
goods
otherwise
by
Lex
Falcidia
due
vnto
him
,
be
there
vpon
also
spent
,
bicause
it
is
a
legacie
that
cannot
be
diuided
:
and
therefore
it
is
not
sufficient
for
the
heire
to
laie
onelie
so
much
cost
vpon
it
,
as
that
he
may
reteine
his
fourth
part
due
vnto
him
by
law
:
but
he
must
make
vp
the
worke
perfectlie
.
So
that
the
reason
of
this
decision
is
not
anie
forme
required
thereto
,
as
he
would
gather
,
but
onelie
the
nature
of
the
legacie
,
which
otherwise
were
to
no
vse
,
if
it
might
receiue
such
an
apportionment
.
The
[
](A19392-e89470-b)*
*
c.
caussam
Ext.
de
iudicijs
.
chapter
it selfe
out
of
which
Panormitane
gathered
that
which
here
in
the
second
place
is
alledged
,
dooth
sufficientlie
shew
,
that
euen
those
formes
and
solemnities
,
which
be
of
the
substance
of
the
act
,
may
be
countermanded
by
custome
.
For
though
neither
the
prior
and
couent
of
a
cathedrall
church
without
the
Bishop
,
nor
the
Bishop
without
the
chapter
,
could
then
sue
or
be
sued
,
as
partlie
by
this
canon
,
and
partlie
by
the
lawes
alledged
by
the
[
](A19392-e89490-b)*
*
Gl.
in
ver.
assensu
ibid.
glosse
here
appeareth
:
yet
we
sée
that
the
vniforme
custome
of
this
land
,
hath
since
that
time
otherwise
preuailed
against
these
lawes
and
canons
.
And
I
cannot
coniecture
whie
our
author
thought
good
to
explane
this
,
being
of
it selfe
verie
manifest
by
an
example
of
euangelicall
denuntiation
:
except
he
would
haue
vs
to
gather
hereof
,
euen
contrarie
to
the
practise
of
all
reformed
churches
,
that
in
no
case
excommunication
is
to
be
inflicted
,
but
vpon
the
procéeding
by
these
degrées
mentioned
.
But
then
would
it
be
verie
hard
,
as
it
is
still
by
this
meanes
,
to
haue
any
vse
of
excommunication
at
all
,
séeing
hée
requireth
the
priuate
monition
giuen
onelie
in
●he
hearing
of
the
two
parties
themselues
to
be
first
Prooued
,
which
must
necessarilie
be
by
witnesses
.
And
by
the
waie
I
cannot
sée
,
if
this
place
of
the
18.
of
Matthew
be
a
perfect
platforme
of
excommunication
,
as
some
doo
affirme
,
how
excommunication
can
be
otherwise
laid
vpon
any
man
,
but
when
the
originall
did
begin
vpon
a
priuate
offense
,
betwixt
some
particular
parties
,
and
where
all
the
circumstances
there
touched
be
obserued
.
The
[
](A19392-e89530-b)*
*
c.
1.
§.
quia
verò
de
rebus
ecclesiae
alien
.
in
.
6.
canon
which
(
without
all
quotation
)
he
alledgeth
to
the
like
end
as
afore
,
dooth
not
ground
the
inualiditie
of
the
alienation
of
those
church
goods
,
onelie
vpon
want
of
a
solemne
and
diligent
discussing
of
the
matter
before
:
but
first
and
principallie
,
bicause
the
tithes
were
allotted
vnto
the
Archdeacon
of
Duresme
,
from
a
church
being
void
,
and
wanting
a
defendor
.
And
againe
,
bicause
there
was
no
euident
necessitie
or
profit
of
that
alienation
.
And
by
his
[
](A19392-e89560-b)*
*
Auth.
ho●
ius
,
&
Auth.
praeterea
Cod.
de
sacros
.
eccl.
alledging
of
two
Authentikes
inserted
into
the
bodie
of
the
Code
of
Iustinian
,
by
the
name
of
two
lawes
,
he
argueth
either
his
great
hast
,
or
his
small
skill
&
practise
in
law
.
The
two
decisions
,
which
likewise
he
alledgeth
without
any
direction
of
proofe
,
as
being
according
to
the
common
law
of
this
land
,
I
thinke
he
will
not
compare
and
saie
that
they
conteine
no
more
exact
a
forme
,
than
is
the
forme
prescribed
in
making
of
ministers
.
For
then
like
as
he
telleth
vs
,
the
statute
speaking
of
pledges
,
cannot
be
satisfied
with
one
pledge
alone
;
so
the
booke
mentioning
alwaies
deacons
and
priests
in
the
plurall
number
to
be
ordered
,
shall
by
this
comparison
exclude
the
Bishop
from
making
but
one
minister
at
once
,
though
there
be
no
more
places
but
one
in
his
diocesse
void
at
that
time
.
The
other
places
of
this
section
,
which
he
partlie
quoteth
out
of
Panormitane
,
and
partlie
as
being
wearie
,
leaueth
without
quotation
,
it
were
but
lost
labour
to
search
into
,
séeing
they
haue
their
truth
,
if
they
haue
beene
trulie
vnderstood
:
and
one
answer
may
serue
both
to
them
,
and
all
other
of
like
nature
.
For
if
he
will
intend
any
to
be
no
ministers
in
this
church
,
in
this
respect
,
that
they
were
not
ordered
according
vnto
that
forme
,
which
he
imagineth
of
necessitie
is
so
required
,
that
without
it
the
whole
action
is
made
void
:
then
must
he
prooue
,
such
necessarie
forme
to
haue
béene
omitted
at
their
making
:
which
else
by
the
instrument
and
testimonials
therof
made
,
will
be
otherwise
presumed
:
and
also
,
that
it
is
not
onlie
an
accidentall
forme
or
solemnitie
,
but
of
that
substance
and
weight
in
that
action
,
that
the
neglecting
thereof
shall
ouerturne
that
which
is
doone
,
euen
as
though
it
neuer
had
beene
.
As
touching
the
first
,
where
it
appeareth
a
fact
to
be
doone
(
as
that
a
minister
hath
beene
ordered
,
is
prooued
by
the
Autentike
seale
of
the
Bishop
)
that
there
the
law
will
also
intend
&
presume
till
the
contrarie
can
be
shewed
,
all
things
thereabouts
to
haue
béene
lawfullie
,
orderlie
,
and
solemnelie
doone
,
is
by
law
verie
euident
.
Generallie
[
](A19392-e89640-b)a
a
L.
30.
sciendum
ff.
de
verb.
oblig
.
is
to
be
vnderstood
,
that
if
a
man
write
that
he
hath
become
suretie
for
one
,
all
things
thereto
incident
are
intended
ᵇ
to
haue
beene
solemnelie
doone
.
Likewise
,
[
](A19392-e89670-b)b
b
L.
5.
ff.
de
proba
.
Paule
did
answer
for
lawe
,
that
if
any
man
denie
an
emancipation
or
infranchising
from
the
fathers
power
,
to
haue
beene
rightlie
made
,
there
he
must
vndertake
to
prooue
it
,
bicause
the
presumption
of
law
is
to
the
contrarie
.
Also
In
the
[
](A19392-e89700-b)c
c
Instit.
defideiuss
.
§.
finali
.
bonds
and
stipulations
of
sureties
,
we
are
to
vnderstand
,
that
it
is
generallie
to
be
holden
,
that
whatsoeuer
is
set
downe
in
writing
as
doon
,
that
is
intended
accordingly
to
haue
been
doone
.
And
therevpon
is
gathered
againe
as
I
haue
alledged
before
in
the
first
place
,
and
as
may
be
gathered
out
of
verie
many
other
[
](A19392-e89720-b)d
d
L.
19.
§.
sed
●tsi
ff.
de
probat
.
l.
134.
Titia
.
§.
penult.
ff.
de
verb.
obligat
.
Instit.
de
inutil
.
stipulat
.
§.
si
scriptum
.
l.
1.
C.
de
contrahenda
stipulat
.
l.
51.
merito
.
ff.
prosodo
.
lawes
too
long
to
be
particularlie
rehearsed
.
Moreouer
,
[
](A19392-e89730-b)e
e
Arg.
l.
6.
qui
in
.
§.
1.
ff.
de
acquir
.
vel
●mit
.
haered
.
the
verie
continuance
of
time
,
and
possession
of
their
places
by
their
ordering
,
dooth
breed
a
presumption
in
law
,
that
those
things
which
were
thereto
necessarilie
required
,
were
therein
vsed
.
And
as
to
the
second
point
,
in
case
it
should
be
prooued
that
diuers
points
of
maner
&
forme
,
by
the
booke
of
ordring
prescribed
,
haue
beene
in
ordring
of
some
omitted
,
yet
the
want
therof
can
no
waie
impeach
the
truth
of
their
ministerie
,
or
lawfulnes
of
their
calling
:
except
they
were
at
the
least
prooued
to
be
of
the
necessarie
substance
and
forme
of
that
action
.
And
in
the
meane
time
,
what
shall
we
thinke
of
this
man
,
who
vnder
this
pretense
of
skirmishing
onelie
with
vnlearned
ministers
,
dooth
leaue
(
as
much
as
in
him
lieth
)
a
scruple
in
the
minds
of
all
our
ministers
,
least
peraduenture
vpon
occasion
of
some
part
of
the
forme
and
maner
prescribed
,
being
by
the
Bishop
omitted
,
they
might
hereby
by
law
be
adiudged
vniust
possessors
of
their
places
,
and
consequentlie
,
with
an
euill
conscience
to
haue
receiued
the
reuenues
of
their
benefices
?
But
The
[
](A19392-e89750-b)a
a
L.
1.
§.
fin
.
ff.
de
ventre
inspi
.
&
ibid.
Bart.
&
in
l.
1.
de
edicto
aedilitio
.
&
in
l.
Diuus
ff.
de
restitutione
in
integrum
.
not
vsing
of
any
forme
or
solemnitie
being
not
of
the
substance
of
the
matter
dooth
not
make
void
the
action
.
Now
,
The
[
](A19392-e89780-b)b
b
Bald.
in
l.
penult.
C.
de
cond.
insert
.
forme
which
is
of
substance
,
is
nothing
else
but
the
verie
perfect
state
of
anie
matter
or
disposition
.
And
If
[
](A19392-e89810-b)c
c
l.
6.
vniuersis
C.
de
precibus
imperas
.
offerend
.
any
solemnitie
be
required
in
the
maner
of
dooing
any
act
,
though
the
same
were
not
vsed
therein
,
yet
the
act
may
be
made
good
and
ratified
,
so
the
said
forme
were
not
of
substance
.
Againe
,
The
[
](A19392-e89840-b)d
d
Bald.
in
rubr
.
C.
de
success
.
aedi
.
leauing
out
of
an
accidentall
or
small
solemnitie
,
maketh
not
the
action
wherein
it
was
required
to
be
called
backe
againe
.
And
beside
the
place
here
quoted
,
the
said
Baldus
is
of
the
same
iudgement
In
l.
fin
.
C.
de
iure
deliberandi
:
and
not
onelie
he
,
but
(
as
I
haue
read
)
all
other
doctors
writing
,
In
l.
1.
§
.
1.
C.
d.
sauing
onelie
Fulgosius
,
which
in
that
place
,
and
in
the
preface
of
the
Code
,
is
of
another
conceit
,
and
is
therfore
iustlie
reprehended
by
Iason
Cons.
26.
vol.
1.
In
which
respect
Baldus
saith
,
that
A
[
](A19392-e89940-b)e
e
Bald.
&
Alex
.
in
l.
1.
in
fine
ff.
de
liberis
&
posthumis
.
&
Bald.
in
Ant.
matri
C.
quando
mulier
tut
.
off
.
slender
or
light
solemnitie
is
not
to
be
constructed
as
a
condition
set
downe
by
law
.
So
that
vpon
failing
thereof
,
the
disposition
of
law
shall
not
thereby
faile
and
be
auoided
.
And
it
is
then
said
to
be
but
an
accidentall
and
light
solemnitie
,
[
](A19392-e89960-b)f
f
Bald.
&
Ang.
in
l.
fin
.
§.
si
vero
C.
de
iure
delibe
.
when
it
bringeth
either
small
or
no
preiudice
at
all
:
or
is
such
as
[
](A19392-e89980-b)g
g
Bald.
in
l.
hac
consultissima
.
C.
de
testamentis
.
was
not
established
vpon
any
vrgent
reason
or
vtilitie
;
or
that
Which
if
[
](A19392-e90010-b)h
h
Bart.
in
l.
1.
§.
plures
.
ff.
de
exercitoria
,
&
Iason
Cons.
26.
vol.
1.
it
be
omitted
,
cannot
change
and
alter
the
substance
of
the
fact
.
Naie
the
law
teacheth
vs
,
that
if
ⁱ
a
certeine
forme
be
set
downe
by
man
(
as
by
the
prince
in
●●
Pisanis
&
ibi
Iohannes
Andr.
&
Abb.
Ext.
de
restitu
.
spoliatorum
Car.
in
Clem.
1.
30.
q.
de
decimis
.
Innoc.
in
c.
cum
dilect
.
Ext.
de
rescriptis
.
Alex
.
in
l.
cum
lex
.
ff.
de
fideiiuss
.
a
commission
)
then
the
action
that
is
done
without
that
solemnitie
,
shall
of
it selfe
fall
to
the
ground
:
but
it
is
otherwise
,
when
the
forme
is
appointed
out
by
law
,
for
then
such
an
act
(
without
that
forme
)
may
well
inough
be
auailable
:
yet
alwaies
with
this
limitation
,
so
that
the
law
or
statute
commanding
or
prescribing
an
act
to
be
doon
in
such
or
such
maner
and
forme
,
doo
[
](A19392-e90050-b)k
k
Bald.
Imola
&
Alex.
in
l.
1.
ff.
de
liberis
&
posth
.
Bald.
in
l.
non
possunt
ff.
de
legibus
,
&
in
l.
si
quis
mihi
§.
coram
ff.
de
acquir
.
hered
.
procéed
no
further
:
as
in
expresse
words
to
adnull
that
which
shall
be
done
otherwise
:
or
else
doo
[
](A19392-e90060-b)l
l
Alex.
in
l.
1.
ff.
de
liberis
&
posthu
.
&
cons.
23.
&
3
5.
in
.
4.
part
.
not
prohibit
such
an
act
to
be
done
,
otherwise
than
in
the
said
certeine
maner
and
forme
:
for
if
it
doo
prohibit
,
though
mention
be
not
made
of
annihilating
,
yet
by
verie
force
of
law
,
the
act
being
done
without
such
a
necessarie
forme
as
the
prohibition
importeth
,
dooth
become
void
.
40.
Section
.
Pag.
80
,
81
,
82.
BIcause
our
author
foresaw
what
might
be
truelie
answered
to
his
thicke
mist
of
allegations
,
for
making
void
of
all
ordinations
of
deacons
and
ministers
,
wherein
anie
point
of
the
prescribed
forme
or
maner
was
omitted
:
which
may
appeare
by
the
conclusion
of
this
section
,
in
which
he
gathereth
certeine
points
To
be
essentiall
and
not
accidentall
:
he
therefore
thought
good
here
,
for
the
better
winding
of
all
,
whome
he
imagineth
vnlearned
ministers
,
into
the
danger
of
vsurpation
,
to
note
certeine
particular
solemnities
,
concerning
the
examination
,
time
,
and
presenting
of
clearkes
to
be
ordeined
:
hoping
belike
,
that
vpon
his
poore
credit
we
would
accept
them
,
without
proofe
to
be
essentiall
points
of
this
action
.
Wherevpon
he
promiseth
to
himselfe
a
triumph
of
his
owne
decreeing
,
as
not
doubting
but
that
all
or
some
of
these
haue
béene
omitted
,
at
the
ordinations
of
vnlearned
ministers
.
But
what
spirit
shall
we
saie
this
man
to
be
lead
by
,
which
vpon
his
owne
onelie
vncharitable
surmise
,
of
such
omissions
(
euen
contrarie
to
that
which
the
law
presumeth
)
dare
so
confidentlie
and
publikelie
call
in
question
,
not
onelie
the
lawfulnesse
of
calling
,
and
staie
of
liuing
,
of
all
vnlearned
ministers
(
against
whome
principallie
he
séemeth
to
bend
his
forces
)
but
of
all
other
,
euen
the
best
and
most
learned
in
the
land
?
Séeing
it
is
as
likelie
,
that
some
,
or
all
of
these
solemnities
were
omitted
and
let
slip
at
their
ordinations
,
as
at
any
others
.
But
thanked
be
God
,
there
is
no
cause
for
them
to
dismay
themselues
:
all
this
wind
is
but
a
painted
blast
,
like
that
which
bloweth
at
the
end
of
a
map
,
and
will
shake
neither
corne
nor
chaffe
.
The
[
](A19392-e90120-b)*
*
Gl.
in
ver.
inuestigent
,
c.
quan.
dist.
24.
glosse
alledged
,
that
He
that
is
not
examined
before
his
ordering
,
is
to
be
deposed
,
cannot
well
and
simplie
be
vnderstood
of
the
minister
ordeined
.
First
,
bicause
it
is
not
gathered
of
the
text
whereon
he
gloseth
,
nor
vpon
that
[
](A19392-e90140-b)*
*
c.
nihil
est
§.
Epi.
Ext.
de
elect
.
&
electi
.
which
he
bringeth
for
proofe
of
it
.
For
that
text
onelie
punisheth
the
Bishop
that
ordeineth
vnworthie
men
(
not
mentioning
any
examination
of
inferior
ministers
)
which
the
penaltie
else-where
by
canons
prouided
,
which
is
,
[
](A19392-e90150-b)*
*
c.
cum
in
cunctis
.
§.
fin
.
d.
to
be
bereaued
of
conferring
of
orders
and
benefices
.
And
what
reason
indéed
was
there
to
depose
the
minister
,
bicause
the
Bishop
did
not
examine
him
?
Againe
by
this
interpretation
the
glosse
should
be
contrarie
to
it selfe
(
as
in
another
place
to
another
purpose
is
shewed
)
where
[
](A19392-e90160-b)*
*
Gl.
vnica
in
c.
nullus
ordi
ne
tur
dist.
24
is
said
,
Heere
you
haue
to
marke
,
that
the
testimonie
of
the
people
is
equiualent
to
examination
,
wherevpon
it
is
sufficient
that
a
clearke
to
be
ordeined
haue
a
good
fame
of
his
side
.
And
this
also
[
](A19392-e90180-b)*
*
c.
de
Petro.
dist.
47.
c.
valde
,
di
.
94.
&c.
mandata
Ext.
de
praesumptionib
.
appeareth
,
bicause
those
which
are
knowne
,
are
not
to
be
examined
,
but
onlie
strangers
.
And
againe
the
same
glosse
vpon
the
selfe-same
chapter
[
](A19392-e90200-b)*
*
Gl.
in
c.
quando
ver.
aliàs
dist.
24.
speaking
of
Examination
and
that
otherwise
the
Bishop
without
aduise
of
other
clearkes
,
and
the
good
testimonie
of
the
people
may
not
presume
to
ordeine
:
saith
;
Aliàs
,
&c:
Otherwise
,
that
is
to
saie
,
if
they
be
not
examined
by
those
who
are
about
the
Bishop
,
or
tried
by
the
testimonie
of
the
people
.
So
that
we
sée
,
it
is
so
farre
off
from
deposing
a
minister
,
bicause
at
his
ordering
he
was
not
examined
,
that
it
is
not
necessarie
alwaies
,
that
he
be
examined
,
and
the
verie
words
of
the
glosse
alledged
,
are
doubtfull
and
indifferent
to
be
applied
,
as
well
to
the
deposition
of
the
Bishop
,
which
dooth
not
cause
the
clearks
to
be
examined
,
as
of
any
other
;
so
that
if
there
were
law
to
warrant
it
,
I
should
thinke
it
ment
of
the
Bishops
onelie
deposing
.
These
[
](A19392-e90240-b)*
*
Gl.
d.
in
ver.
inuestigent
.
three
(
saith
that
glosse
)
lawfull
age
,
sufficient
learning
,
and
honest
conuersation
are
especiallie
to
be
required
,
and
if
he
be
not
examined
in
these
three
,
Deponendus
est
.
Which
our
author
meaning
to
put
out
of
all
doubt
,
to
be
meant
of
the
partie
so
ordeined
,
hath
either
foisted
in
this
whole
sentence
,
If
any
be
made
an
elder
or
deacon
,
without
examination
,
let
him
be
cast
out
from
the
cleargie
;
or
else
I
must
saie
,
he
hath
a
larger
booke
to
serue
his
turne
than
ordinarie
:
yea
though
it
were
so
to
be
vnderstood
,
whereof
I
haue
prooued
the
contrarie
,
yet
it
maketh
not
such
Ipso
facto
to
be
intrudors
,
and
no
ministers
at
all
:
but
leaueth
them
to
be
deposed
by
sentence
of
their
Ordinarie
,
which
with
no
reason
can
depose
them
,
onelie
bicause
he
himselfe
neglected
to
haue
them
examined
.
That
which
he
bringeth
héere
out
of
the
canon
law
,
concerning
the
time
of
ordinations
,
if
it
be
alledged
,
as
being
in
force
with
vs
;
I
answer
,
that
he
must
first
tell
vs
,
which
of
the
canons
varieng
amongst
themselues
hereabouts
,
we
must
reteine
for
law
amongst
vs
.
Some
of
the
oldest
appoint
[
](A19392-e90290-b)a
a
c.
quod
à
patribus
,
&c.
quod
die
.
75.
dist.
onlie
the
Lords
daie
,
other
some
[
](A19392-e90300-b)b
b
c.
vlt.
ibid.
appoint
for
this
purpose
the
foure
solemne
feasts
which
we
cal
imberdaies
,
and
the
saturdaie
before
the
passion
sundaie
onelie
;
his
text
[
](A19392-e90310-b)c
c
Sane
super
eo
,
Ext.
de
temp.
ordinat
.
mentioneth
onelie
the
foure
solemne
feasts
,
and
the
[
](A19392-e90320-b)d
d
c.
De
eo
autem
ibidem
.
next
chapter
following
addeth
the
saturdaie
next
before
Caster
daie
,
and
the
saturdaie
before
passion
sundaie
.
Againe
,
our
generall
costome
vniformelie
obserued
,
which
cannot
by
reason
of
the
multitude
so
ordeined
,
without
[
](A19392-e90330-b)e
e
Sane
extra
.
de
tempori
.
ordinat
.
great
offense
and
confusion
be
now
(
as
a
corruption
)
with
all
acts
there
vpon
depending
,
disannulled
:
dooth
by
lawe
sufficientlie
establish
,
all
ministers
ordeined
at
other
times
,
than
the
canons
doo
prefix
.
Lastlie
and
chéefclie
,
the
act
of
parlement
,
which
declareth
all
such
to
be
rightlie
made
and
ordered
,
that
be
made
according
to
the
booke
for
that
purpose
prouided
,
dooth
stronglie
confute
this
assertion
.
For
the
booke
saith
;
The
Bishop
may
vpon
a
sundaie
or
holiedaie
admit
,
&c:
which
being
a
statute
neither
prohibitiue
nor
annullatiue
,
giuing
libertie
to
the
Bishop
to
make
deacons
and
ministers
on
sundaies
or
holiedaies
,
as
it
dooth
sufficientlie
repeale
the
strictnesse
of
the
canons
herein
,
so
dooth
it
by
no
construction
make
void
the
ordination
of
such
as
be
ordeined
on
other
daies
.
But
if
he
will
inforce
,
that
as
the
time
of
ordinations
with
them
,
was
an
essentiall
forme
and
solemnitie
;
so
the
sundaie
and
holiedaie
must
be
with
vs
:
I
saie
the
difference
betwixt
them
is
great
.
For
the
[
](A19392-e90350-b)*
*
c.
de
eo
autem
.
d.
canon
law
saith
;
It
shall
not
be
lawfull
for
any
Bishop
to
ordeine
at
anie
other
time
:
but
the
booke
onelie
saith
,
The
Bishop
may
vpon
a
sundaie
or
holiedaie
admit
.
And
the
canon
it selfe
dooth
not
so
make
the
time
to
be
of
the
substance
of
that
action
,
that
those
who
are
ordeined
at
other
times
,
shall
thereby
be
accompted
as
not
ordeined
.
For
where
the
place
by
our
author
alledged
,
vseth
the
word
of
Deposing
,
there
the
[
](A19392-e90390-b)a
a
Gl.
in
ver.
deponerentur
c.
sane
d.
glosse
expoundeth
it
Deposed
from
execution
,
and
to
be
suspended
onelie
.
Which
agréeth
[
](A19392-e90410-b)b
b
c.
cum
quidam
.
d.
to
the
text
afterward
,
that
suspendeth
those
which
be
ordeined
at
vndue
times
,
till
they
receiue
fauour
for
their
restitution
.
Againe
,
the
[
](A19392-e90420-b)c
c
c.
penult.
d.
canon
saith
:
It
is
not
to
be
doubted
,
but
such
as
haue
taken
orders
,
at
other
times
than
are
appointed
,
haue
receiued
the
character
(
that
is
,
are
indeed
priestes
:
)
and
after
inflicting
vpon
them
due
penance
for
their
transgression
herein
,
you
may
tollerate
them
to
minister
,
according
to
the
orders
that
they
haue
taken
.
Now
he
commeth
to
another
quidditie
,
and
as
he
would
haue
vs
beléeue
a
substantiall
solemnitie
,
which
is
the
presentation
of
ministers
to
the
Bishop
by
the
Archdeacon
,
without
naming
of
his
deputie
,
as
is
done
in
deacons
ordinations
.
Which
point
,
if
it
were
of
substance
,
might
no
doubt
in
manie
places
reach
as
well
vnto
the
preiudice
of
good
and
learned
ministers
,
as
of
vnlearned
.
But
what
reason
were
there
,
that
the
minister
should
be
punished
for
the
archdeacons
neglect
of
his
dutie
?
Or
of
whome
should
he
inquire
,
if
he
knew
him
not
,
whether
he
were
the
verie
archdeacon
,
or
but
his
deputie
?
Or
whie
should
we
thinke
that
the
deputie
may
not
be
as
sufficient
to
present
them
to
the
Bishop
,
as
the
archdeacon
himself
?
Or
whie
are
we
to
imagine
,
séeing
the
booke
presumeth
for
the
most
part
,
both
the
order
of
deacon
to
some
,
and
of
priesthood
to
other
some
,
to
be
giuen
in
one
daie
,
that
the
archdeacon
being
present
,
would
depute
one
to
present
deacons
,
and
he
himselfe
in
person
present
the
priests
?
And
what
if
the
cathedrall
church
haue
no
archdeacon
established
there
,
or
the
archdeaconrie
be
void
,
or
he
himselfe
bed-rid
;
shall
the
Bishop
(
diuerse
places
of
ministration
being
vold
in
the
diocesse
)
staie
the
ordering
of
ministers
for
those
void
roomes
,
till
there
be
a
new
archdeacon
?
And
what
if
the
Bishop
doo
so
sufficientlie
know
them
,
or
doo
examine
them
himselfe
,
that
the
archdeacon
dooth
not
examine
them
,
what
néed
is
there
then
for
him
to
present
them
?
Or
whie
is
this
more
of
substance
than
the
Bishops
Sitting
in
a
chaire
,
when
the
oth
of
supremacie
is
ministred
,
which
the
Booke
mentioneth
;
or
to
order
at
the
least
thrée
at
a
tune
:
séeing
the
booke
saith
;
The
archdeacon
shall
present
vnto
the
Bishop
all
them
that
shall
receiue
the
order
of
priesthood
that
daie
,
which
cannot
be
spoken
of
fewer
than
of
thrée
?
Or
if
none
but
the
archdeacon
might
present
ministers
,
without
ouerthrowe
of
the
whole
action
,
why
did
not
the
booke
saie
;
The
archdeacon
himselfe
,
and
none
other
shall
present
.
And
séeing
it
is
said
otherwise
,
the
act
in
law
shall
be
good
enough
,
as
hath
beene
shewed
before
.
And
the
rule
of
law
is
;
[
](A19392-e90470-b)*
*
Reg.
qui
per
alium
,
&
ibi
Dynus
.
That
which
is
done
by
another
,
seemeth
in
the
eie
of
the
law
to
be
done
by
himselfe
.
But
he
saith
,
the
archdeacons
industrie
is
herein
especiallie
chosen
:
and
therefore
this
dutie
cannot
be
committed
ouer
againe
to
any
other
.
For
proofe
of
this
consequence
,
he
alledgeth
two
places
,
one
of
them
thrise
,
and
the
other
twise
ouer
,
for
feare
he
should
séeme
to
lacke
law
in
this
point
.
That
,
[
](A19392-e90490-b)*
*
c.
sicui
de
preb.
&
digin
.
in
6.
out
of
the
text
(
which
yet
gaue
him
light
to
flourish
and
braue
a
little
with
the
Bishop
of
London
,
and
his
Archdeacon
,
about
the
Treasureship
of
Powles
)
speaketh
not
a
word
of
inhibiting
a
delegate
,
to
substitute
another
for
him
:
but
decideth
,
that
if
the
prince
commit
authoritie
to
a
man
to
furnish
certeine
benefices
with
fit
men
,
and
die
before
the
trust
be
accomplished
,
yet
the
commission
dooth
not
determine
:
but
if
it
be
to
place
some
certeine
person
therein
,
and
before
he
be
placed
,
the
prince
dieth
;
then
the
commission
hereby
dooth
cease
.
The
other
canon
out
of
the
Decretals
maketh
directlie
against
him
,
sauing
in
certeine
cases
there
expressed
:
Bicause
[
](A19392-e90570-b)*
*
c.
quoniam
Ext.
de
officio
delegati
.
(
saith
that
canon
)
the
apostolike
See
intendeth
to
prouide
for
matters
,
and
not
for
persons
to
whom
they
are
committed
;
if
the
iudge
either
of
meere
office
by
vs
assigned
vnto
him
,
or
by
the
parties
consent
agreed
vpon
,
doo
depute
another
in
his
steed
(
considering
the
princes
delegate
may
by
lawe
doo
so
)
this
deputation
shall
be
of
force
.
The
like
is
to
be
said
of
a
Bishop
,
who
hath
a
commission
to
execute
together
with
the
one
of
his
collegues
,
for
he
may
substitute
another
,
and
then
the
other
two
collegues
cannot
proceed
without
him
,
whom
the
Bishop
did
subdelegate
.
[
](A19392-e90590-b)*
*
c.
d.
§.
is
antem
.
when
a
man
is
inioined
to
execute
a
matter
personallie
,
except
the
parties
doo
consent
.
Also
[
](A19392-e90600-b)*
*
c.
d.
§.
d.
ver.
praeter
quam
.
when
an
inquisition
or
prouision
for
apt
prelats
or
ministers
is
committed
to
be
done
,
bicause
in
such
,
the
industrie
and
credit
of
the
partie
is
intended
,
especiallie
to
haue
béene
regarded
.
Lastlie
it
faileth
[
](A19392-e90610-b)*
*
c.
d.
§.
caeterum
.
when
not
a
iurisdiction
,
but
a
bare
ministerie
and
execution
of
some
matter
is
recommended
.
None
of
which
thrée
limitations
can
anie
waie
be
applied
to
the
presentation
of
ministers
by
the
archdeacon
onelie
.
For
if
he
had
beene
so
strictlie
tied
,
then
should
this
word
Personallie
,
or
some
equiualent
haue
béene
vsed
.
Neither
is
the
prouision
for
apt
ministers
,
or
the
blame
for
default
thereof
(
as
our
[
](A19392-e90630-b)*
*
Pag.
64.
&
65.
vide
gl
.
in
c.
ad
h●c
ver.
examinentur
Ext.
de
officio
Archidiaconi
&c.
Episco
.
Ext.
de
preb.
author
himselfe
afore
hath
prooued
)
incident
to
the
archdeacon
,
but
to
the
Bishop
,
and
the
lawe
chooseth
not
the
industrie
of
him
to
this
effect
:
but
the
Bishop
in
all
places
chooseth
his
archdeacon
,
vpon
whom
this
iurisdiction
,
in
right
of
his
office
,
is
therevpon
cast
.
And
therefore
this
is
not
as
a
bare
ministerie
committed
vnto
him
by
any
man
,
but
cast
vpon
him
by
reason
of
his
office
,
through
the
disposition
of
the
law
;
yet
not
so
necessarilie
or
especiallie
as
our
author
vrgeth
,
but
that
by
law
the
presentation
by
the
archdeacon
may
be
omitted
:
That
[
](A19392-e90650-b)*
*
Gl.
in
c.
quando
,
ver.
sacerdotes
.
dist.
24.
is
(
saith
the
glosse
)
when
the
Bishop
ordeineth
without
any
presenting
by
the
archdeacon
.
And
[
](A19392-e90690-b)*
*
Gl.
in
ca.
ad
haec
ver.
examinentur
,
Ext.
de
officio
Archid.
&c.
vt
nostrum
.
d.
another
glosse
saith
;
That
of
common
right
it
is
the
archdeacons
office
,
to
examine
and
present
clearks
to
be
ordeined
:
yet
this
is
not
generall
,
if
either
there
bee
no
archdeacon
,
as
in
manie
churches
,
or
if
the
Bishop
thinke
good
to
[
](A19392-e90710-b)*
*
c.
quando
dist.
24.
choose
especiallie
other
priests
for
this
purpose
.
And
if
it
were
of
substance
,
yet
in
the
answer
to
the
former
section
it
is
sufficientlie
shewed
,
that
the
leauing
of
it
out
,
cannot
make
void
the
ordination
.
So
that
his
first
conclusion
,
that
these
thrée
,
The
examination
,
the
time
for
ordering
,
and
the
presenting
by
the
archdeacon
,
and
also
The
calling
,
whereof
he
hath
before
not
spoken
one
word
,
are
points
Essentiall
,
and
causes
formall
,
dooth
fall
flat
to
the
ground
;
and
much
more
his
other
conclusion
depending
thereof
:
that
none
being
no
preachers
(
whom
he
therfore
called
Toong-tied
)
are
to
be
accompted
ministers
,
bicause
they
are
Not
made
according
to
the
order
&
forme
of
the
statute
.
Whereby
he
would
beate
not
vnlearned
ministers
alone
;
but
withall
,
like
one
blindfolded
with
malice
,
he
lasheth
out
at
all
ministers
,
in
whose
ordination
some
such
slender
circumstance
hath
not
béene
perhaps
vsed
.
41.
Section
.
Pag.
83
,
84.
ID
his
question
heere
,
seeing
All
solemnities
in
the
making
of
ministers
(
as
he
thinketh
)
are
by
the
lawmakers
appointment
essentiall
or
substantiall
,
in
case
some
not
of
the
least
moment
onlie
and
which
might
otherwise
wel
inough
haue
beene
reputed
accidentall
,
bee
omitted
;
but
other
of
greater
weight
which
he
reckoneth
:
whether
then
men
so
ordeined
By
our
statute
lawe
be
ministers
at
all
or
no
?
I
doo
answer
,
that
except
he
can
both
prooue
all
such
(
whose
omission
he
would
inforce
to
ouerthrowe
the
whole
action
)
to
be
essentiall
;
and
also
those
other
circumstances
to
concur
,
which
in
the
end
of
the
next
section
sauing
one
afore
,
I
haue
shewed
to
be
required
to
the
adnulling
of
an
act
for
want
of
forme
,
we
must
still
accompt
them
for
lawfull
ministers
in
the
church
.
For
although
the
Bishop
,
who
omitteth
any
of
those
which
be
of
moment
,
may
be
punished
:
yet
I
for
my
part
cannot
accompt
any
point
of
the
ordination
to
be
the
formall
cause
of
the
externall
calling
into
the
ministerie
,
besides
the
words
,
giuing
the
authoritie
to
execute
that
function
,
and
the
two
necessarie
solemnities
of
praier
,
and
the
imposition
of
hands
.
I
doo
obserue
in
this
section
,
that
he
or
his
printer
to
gratifie
him
,
hath
twise
changed
the
forme
of
the
letter
from
Romane
vnto
Italian
,
as
though
they
were
not
the
authors
onelie
words
,
but
some
allegation
.
Also
,
that
among
those
things
which
he
would
necessarilie
haue
the
Bishop
to
haue
regard
vnto
,
and
not
to
omit
at
ordinations
,
he
reckoneth
this
:
that
the
minister
be
mooued
by
the
Holie-ghost
,
and
be
persuaded
of
the
sufficiencie
of
scripture
to
saluation
,
and
surmiseth
(
verie
vncharitablie
)
these
to
be
wanting
in
Too
too
manie
of
our
ministers
,
which
no
man
,
but
the
spirit
of
the
man
himselfe
,
which
is
within
him
,
can
iudge
:
so
soone
is
he
lept
into
Gods
owne
throne
;
and
faketh
vpon
him
,
to
set
downe
what
lieth
hid
in
a
mans
owne
conscience
.
Likewise
is
that
of
his
ridiculous
,
where
he
blameth
the
Bishop
for
ordering
him
,
that
is
not
example
to
his
flocke
,
or
will
not
teach
,
&c:
considering
it
is
not
possible
for
the
Bishop
to
prophesie
,
how
the
minister
will
behaue
himselfe
in
his
function
afterward
.
And
the
booke
prescribeth
not
these
as
qualities
to
be
attended
before
the
ordination
:
but
as
solemne
vowes
and
promises
before
God
and
his
congregation
:
the
more
strictlie
to
tie
the
minister
vnto
the
fulfilling
of
his
dutie
.
And
so
is
this
as
foolish
and
wandring
,
where
he
saith
,
The
vnlearned
ministers
,
the
complaints
to
the
Councell
,
&
the
Bishops
owne
records
,
are
glasses
,
where
in
wee
may
see
these
omissions
of
forme
and
maner
at
ordinations
not
to
be
feigned
.
I
doo
thinke
verie
few
complaints
haue
béene
made
for
not
obseruing
the
forme
of
the
booke
,
and
fewer
circumstances
omitted
(
I
am
sure
)
are
recorded
.
Touching
his
Daior
proposition
of
his
syllogisme
,
That
the
forme
not
obserued
by
him
,
which
had
no
authoritie
before
that
booke
of
ordering
was
by
law
confirmed
,
except
he
meane
it
,
that
they
had
no
authoritie
before
to
make
them
according
to
that
forme
,
is
most
apparentlie
false
,
and
to
be
controlled
by
infinit
lawes
and
canons
,
which
endow
them
with
this
authoritie
,
as
incident
vnto
their
dignitie
,
euen
from
the
apostles
times
downeward
.
Now
the
lawe
is
berie
euident
,
that
[
](A19392-e90930-b)*
*
Gloss.
singul.
&
Caerd
.
in
Clem.
1.
in
princ
.
de
iure
patronatus
.
&
Phil.
in
c.
qua
fronte
Ext.
de
appel
.
If
a
forme
be
by
law
set
downe
to
be
done
by
an
Ordinarie
,
in
that
point
wherein
he
had
iurisdiction
afore
,
though
the
forme
be
not
obserued
,
yet
the
act
done
is
of
force
,
and
shall
stand
.
Therefore
the
vanitie
of
all
that
hath
to
this
purpose
hitherto
by
him
béene
said
,
is
hereby
detected
.
But
admitting
the
conclusion
were
true
,
That
processe
not
made
according
to
the
order
and
forme
of
the
statute
were
void
:
how
can
he
inferre
hereof
,
that
all
not
being
preachers
(
whome
therefore
he
calleth
Dumbe
and
idoll-ministers
)
are
no
ministers
at
all
?
Dust
we
thinke
that
such
,
as
at
their
making
ministers
are
able
to
preach
,
haue
this
priuiledge
peculiar
onelie
to
them
,
that
no
part
of
the
forme
can
possiblie
be
omitted
at
their
ordination
;
and
that
other
that
be
not
able
,
are
all
so
vnhappie
,
that
the
Bishop
possiblie
cannot
at
their
ordination
hit
vpon
it
?
But
what
shall
we
saie
then
,
if
one
able
to
preach
,
and
another
not
able
,
be
at
one
time
and
in
one
maner
ordeined
togither
:
shall
the
one
,
shall
both
,
or
shall
neither
,
for
want
onelie
of
some
forme
,
be
ministers
Indeed
,
and
by
law
,
according
to
this
mans
supposition
?
42.
Section
.
Pag.
85.
THaue
shewed
before
what
force
these
reasons
of
similitude
or
comparison
are
of
,
in
all
disputation
;
but
especiallie
in
matter
of
law
.
His
[
](A19392-e91040-b)*
*
L
10.
ff.
de
decuri
.
first
,
That
the
inserting
of
a
mans
name
in
the
register
of
decurions
,
will
not
make
him
a
decurion
without
a
due
election
,
being
set
by
him
vnquoted
,
hath
not
so
much
as
a
colour
or
shew
to
prooue
anie
thing
else
,
but
that
euerie
one
is
not
straight
(
without
the
outward
calling
of
the
church
)
to
be
reputed
a
minister
,
though
he
by
some
meanes
haue
gotten
letters
of
orders
.
The
[
](A19392-e91060-b)*
*
l.
30.
ff.
quando
dies
,
lega
.
cedat
.
reason
of
the
other
law
by
him
alledged
,
whie
the
Iegacie
giuen
to
an
infant
the
day
of
hir
marriage
,
shall
not
be
due
before
the
be
married
and
haue
atteined
twelue
yeares
of
age
,
is
:
bicause
before
that
time
it
is
but
a
mocke
marriage
,
and
may
be
dissolued
at
such
age
,
neither
is
reputed
a
iust
and
lawfull
matrimonie
before
that
time
,
according
to
that
,
[
](A19392-e91070-b)*
*
Institut
de
nup●●s
in
initio
.
Iustas
nuptias
inter
se
contrahunt
ciues
Romani
,
viri
quidem
puberes
,
foeminae
autem
viripotentes
.
If
he
will
applie
this
to
his
purpose
,
then
must
he
prooue
,
that
an
ordination
into
the
ministerie
of
any
not
able
to
preach
,
is
by
lawe
as
no
ordination
:
the
contrarie
where
of
I
[
](A19392-e91090-b)*
*
Sect.
30.
haue
afore
shewed
,
euen
out
of
that
statute
,
which
here
he
alledgeth
:
where
it
was
also
said
,
that
the
statute
hath
no
one
word
,
to
make
void
admissions
to
orders
,
in
respect
of
any
default
there
touched
,
as
may
appeare
to
those
who
will
peruse
it
.
43.
Section
.
Pag.
85
,
86
,
87
,
88
,
89.
BIcause
our
author
will
make
sure
worke
,
he
is
now
come
to
A
principall
reason
by
an
action
of
guile
and
deceit
,
against
the
Bishop
or
the
minister
(
I
know
not
whether
)
which
is
so
sure
an
hold
,
that
[
](A19392-e91150-b)*
*
Cicero
li.
2.
de
natura
deorum
.
one
calleth
it
,
Euerriculum
maliciarum
omnium
,
A
verie
drag-net
to
catch
in
all
ill
dealings
whatsoeuer
.
He
reasoneth
thus
(
as
I
gather
it
:
)
No
solemne
contract
or
stipulation
,
in
which
there
is
no
good
faith
and
plaine
dealing
vsed
,
but
guile
,
dooth
by
law
bind
,
but
is
meerelie
void
:
But
there
is
a
solemne
contractor
stipulation
vsed
betwixt
the
Bishop
and
the
partie
to
be
made
a
minister
,
which
is
vnlearned
,
wherein
good
faith
is
wanting
,
and
guile
is
vsed
:
Therefore
the
said
contract
or
stipulation
dooth
not
bind
,
but
is
meerelie
void
:
and
consequentlie
such
are
intrudors
,
and
ought
not
to
haue
the
name
or
title
of
ministers
.
Here
I
must
put
the
reader
in
mind
againe
,
that
the
author
still
taketh
as
granted
,
and
as
by
his
owne
right
,
that
which
is
principallie
in
controuersie
,
that
is
,
euerie
one
to
be
an
Idol-minister
,
and
vtterlie
Vnlearned
,
that
cannot
preach
.
In
the
discourse
for
proofe
of
his
Maior
,
there
is
great
boast
and
small
roast
;
diuerse
vnnéedfull
examples
and
places
are
brought
,
whereof
some
twise
quoted
ouer
(
for
failing
)
are
vsed
verie
farre
off
from
the
purpose
:
which
argueth
his
skill
to
be
small
,
where
his
choise
for
proofe
of
a
truth
is
so
slender
.
For
none
of
his
thrée
first
allegations
doo
so
much
as
once
mention
good
faith
wanting
,
or
guile
vsed
:
although
truth
it
is
,
the
faults
there
spoken
of
,
arising
if
not
of
wilfulnesse
,
yet
at
the
least
of
ignorance
of
the
law
,
which
is
to
excuse
no
man
,
neither
can
be
intended
and
presumed
,
doo
emploie
good
faith
to
be
wanting
,
in
such
breaches
of
law
.
The
place
quoted
,
L.
venditione
C.
de
vsuris
commeth
in
as
a
mute
in
a
shew
,
to
make
vp
a
number
,
séeing
no
such
law
is
yet
framed
,
that
I
can
find
.
In
his
Maior
I
doo
also
obserue
grosse
ignorance
in
lawe
shewed
two
waies
.
First
,
where
he
confoundeth
Priuationem
bonae
fidei
cum
dolo
,
making
it
necessarilie
guile
,
wheresoeuer
good
faith
is
not
,
by
a
fallacie
a
Consequenti
:
and
secondlie
where
he
maketh
the
want
of
good
faith
or
guile
,
to
worke
the
same
effect
by
law
in
contracts
which
be
called
Bonaefidei
,
as
in
those
stipulations
which
be
Stricti
iudicij
.
Touching
the
first
,
though
[
](A19392-e91250-b)a
a
L.
si
cum
fundum
ff.
de
contra
.
empt.
l.
bonae
fidei
ff.
de
verb.
significat
l.
res
bonaff
.
de
contra●
.
empt.
&
l.
vbi
ff.
de
rebus
dubijs
.
sometime
in
law
by
Good
faith
be
signified
whatsoeuer
is
frée
from
guile
,
fraud
,
and
craft
,
yet
[
](A19392-e91270-b)b
b
L.
bona
fides
ff.
depositi
.
l.
quero
.
ff.
locati
.
l.
ex
maleficio
.
ff.
de
act.
&
obligat
.
l.
1.
§.
hanc
actionem
ff.
depositi
.
&
l.
si
manda●ero
.
§.
Iulianus
.
ff.
mandati
.
sometime
is
it
also
vsed
for
that
which
the
Graecians
call
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
the
Latins
Bonum
&
aequum
,
the
common
lawyers
equitie
,
which
is
opposite
to
rigor
.
Concerning
the
second
:
[
](A19392-e91310-b)c
c
L.
&
eleganter
.
ff.
de
dolo
.
l.
in
causae
.
ff.
de
minoribus
.
that
contract
which
the
law
calleth
Bonaefidei
,
if
guile
and
deceit
did
occasion
it
,
is
by
the
verie
operation
of
the
law
no
contract
,
and
void
altogither
.
But
that
which
is
called
Stricti
iudicij
,
such
as
stipulations
are
,
is
not
by
[
](A19392-e91340-b)d
d
L.
dolo
C.
de
inutil
.
stipula
.
lawe
void
,
but
according
to
the
pretoriall
law
to
be
auoided
by
action
or
exception
of
guile
:
which
besides
the
lawe
it selfe
Tullie
in
[
](A19392-e91360-b)e
e
Cic.
lib.
3.
de
natura
deor.
&
1.
offic.
diuers
places
witnesseth
,
that
at
the
first
such
guile
for
along
time
passed
without
any
controllement
:
[
](A19392-e91370-b)f
f
Cic.
li.
3.
offi.
namelie
,
where
hauing
said
that
in
contracts
Bonaefidei
,
euen
without
any
set
lawe
,
guile
was
punished
:
but
(
saith
he
)
in
other
iudgements
or
actions
guile
was
altogither
vnpunished
,
till
the
lawyer
Aquilius
[
](A19392-e91400-b)g
g
L.
vl●
.
§.
si
&
stipulator
ff.
de
eo
per
quem
factum
erit
.
&
l.
domum
ff.
de
cont●●
.
●mpt.
had
set
out
certeine
obseruations
,
which
the
pretors
in
framing
of
processes
and
actions
against
such
guilefull
persons
,
should
follow
.
As
for
his
Minor
proposition
,
it
is
in
two
respects
vntrue
,
and
to
be
denied
.
First
there
is
no
such
solemne
contract
or
stipulation
concluded
betwixt
the
Bishop
and
the
partie
to
be
ordered
:
for
those
demands
and
answers
prescribed
are
not
for
any
such
purpose
,
as
to
bind
the
minister
vnto
the
Bishop
vpon
any
paine
to
performe
that
,
which
he
there
promiseth
:
but
is
a
solemne
promise
before
God
and
his
congregation
,
of
a
setled
and
aduised
purpose
,
that
he
hath
to
performe
his
dutie
in
the
ministerie
,
according
to
that
his
publike
testification
and
vow
.
Which
plainelie
may
appéere
,
by
the
purport
immediatlie
following
,
directed
vnto
that
end
wholie
,
that
it
would
please
GOD
to
strengthen
him
in
that
good
purpose
wherevnto
he
hath
entred
.
If
it
were
any
otherwise
,
I
praie
you
what
action
for
the
prosecution
of
any
priuate
interest
,
dooth
lie
for
the
Bishop
against
such
a
minister
as
kéepeth
not
such
his
promises
,
whereby
the
stipulation
surmised
should
be
committed
or
forfeited
?
Furthermore
,
the
other
part
of
his
Minor
,
which
surmiseth
guile
and
deceit
to
be
both
on
the
part
and
behalfe
of
The
minister
,
as
knowing
him selfe
void
of
those
gifts
which
ought
to
be
in
him
,
whereby
he
cannot
beleeue
himselfe
to
be
trulie
called
or
mooued
by
the
Holie-ghost
:
and
also
on
the
part
of
The
Bishop
,
as
knowing
the
partie
to
be
a
man
altogither
vnfit
for
the
ministerie
is
likwise
to
be
denied
.
And
if
(
as
he
saith
)
guile
and
deceit
be
on
both
parts
,
then
dooth
he
striue
against
himselfe
,
bicause
then
the
action
shall
stand
good
,
Quia
dolus
dolo
compensatur
,
one
guile
must
be
set
against
another
,
and
neither
on
the
one
part
,
or
the
other
shall
the
contract
be
ouerthrowne
.
But
how
is
it
possible
for
our
author
,
or
any
man
else
(
besides
the
parties
themselues
)
so
confidentlie
to
pronounce
of
other
mens
thoughts
,
&
to
ransacke
vp
their
consciences
in
this
sort
?
Séeing
the
law
saith
;
We
are
not
to
presume
that
they
knowe
any
such
defect
,
till
it
may
be
by
vs
otherwise
plainelie
prooued
.
For
this
thought
of
theirs
by
him
surmised
,
is
a
matter
not
consisting
in
lawe
,
but
in
fact
,
Et
[
](A19392-e91460-b)*
*
Dyn
.
in
reg.
presumitur
.
praesumitur
ignorantia
facti
,
vbinon
probatur
scientia
,
A
man
is
then
intended
to
be
ignorant
of
a
fact
,
where
it
is
not
prooued
that
he
knoweth
it
.
And
where
ignorance
of
a
fact
and
not
of
law
is
alledged
,
there
Semper
praesumitur
bonafides
,
[
](A19392-e91490-b)*
*
L.
penult.
C.
de
prescrip.
longi
temporis
,
&
Dyn
.
in
reg.
contra
.
siabesse
non
probetur
,
Alwaies
good
faith
and
vpright
dealing
is
to
be
presumed
,
if
the
contrarie
be
not
prooued
.
And
therefore
this
rash
iudgement
of
his
before
the
time
,
that
all
they
whome
he
imagineth
,
and
by
his
owne
onelie
balance
trieth
to
be
vnlearned
,
Are
not
truelie
called
,
nor
mooued
by
the
Holie-ghost
,
as
it
is
vncharitable
in
termes
of
christianitie
,
so
is
it
not
warrantable
by
lawe
.
Naie
if
we
should
admit
such
a
contract
and
stipulation
to
be
concluded
betwixt
the
Bishop
and
the
minister
,
and
that
guile
and
deceit
had
therein
such
a
stroke
,
that
by
no
compensation
it
could
be
saued
,
but
that
the
action
were
voidable
:
yet
neuerthelesse
,
séeing
he
maketh
it
A
stipulation
and
sure
bond
by
words
,
by
méere
law
the
action
and
contract
shall
stand
good
,
till
it
be
reuersed
,
as
he
himselfe
His
owne
reason
recor●ed
against
him
.
confesseth
:
till
when
,
both
in
name
and
déed
,
they
may
in
law
be
truelie
called
ministers
.
Yea
,
and
further
,
if
that
whole
contract
and
stipulation
were
Ipso
iure
,
euen
by
common
right
méerelie
void
:
yet
hereof
cannot
be
inferred
(
as
he
dooth
)
that
such
Are
intrudors
,
yea
and
not
so
much
as
in
name
,
ministers
.
Séeing
these
demands
and
answers
are
but
solemnities
about
that
action
,
yet
not
the
sole
and
onlie
solemnities
thereof
:
but
least
of
all
are
they
of
the
substantiall
forme
of
ordination
,
which
reacheth
no
further
than
to
the
authoritie
of
ministration
giuen
,
when
the
Bishop
hauing
praied
,
dooth
with
the
ministers
present
,
laie
on
their
hands
vpon
him
,
that
is
ordeined
.
And
therefore
that
which
as
a
corollarie
he
buildeth
here
vpon
,
that
séeing
this
contract
fraudulentlie
contriued
,
cannot
bind
either
of
the
parties
,
Much
lesse
can
it
tie
the
common
wealth
or
church
of
Christ
,
dooth
all
vnder
one
receiue
an
answer
.
But
that
which
he
saith
of
wicked
promises
and
othes
against
honestie
,
which
bind
no
man
to
kéepe
them
;
dooth
argue
,
that
he
careth
not
what
he
saie
,
so
he
saie
any
thing
.
Is
there
any
thing
(
I
praie
you
)
in
those
demands
and
answers
(
which
he
,
as
it
séemeth
,
meaneth
)
by
An
oth
against
good
manners
,
and
by
wicked
promises
,
which
is
not
most
godlie
and
fit
to
be
vsed
in
such
an
action
;
yea
and
is
such
,
as
whereof
diuers
times
in
this
booke
he
hath
vrged
a
strict
obseruation
?
Of
like
skill
and
discretion
is
that
,
which
hée
bringeth
out
of
the
impossibilitie
of
performance
of
such
conditions
by
the
minister
,
to
prooue
the
contract
betwixt
the
minister
and
him
void
:
Bicause
no
man
can
be
tied
to
impossibilities
.
For
if
those
promises
there
to
be
made
,
are
such
impossible
[
](A19392-e91590-b)*
*
Dynus
in
reg.
impossibilium
.
things
as
the
law
meaneth
:
that
is
either
by
nature
impossible
,
as
to
be
in
two
places
at
once
;
or
in
fact
,
as
to
go
from
hence
to
Rome
in
a
daie
;
or
by
lawe
,
being
forbidden
,
as
to
sell
mine
hand
vnto
you
for
a
yéerelie
annuitie
:
then
hath
he
by
his
owne
construction
shut
out
of
doores
,
not
onlie
vnlearned
,
but
all
other
ministers
,
ordeined
according
to
the
order
of
this
church
of
England
,
from
being
true
ministers
.
But
thanks
be
to
God
,
his
malice
and
his
might
in
reasoning
are
not
alike
,
and
neither
are
those
interrogatories
and
answers
any
contract
,
nor
the
cheefe
part
of
that
action
,
nor
yet
doo
conteine
any
such
impossibilitie
.
But
perhaps
he
ment
,
that
they
which
were
vtterlie
vnlearned
,
could
not
possible
fullie
performe
all
which
they
there
promised
,
&
so
thinking
also
that
all
impossibilitie
was
simple
and
absolute
,
as
neuer
dreaming
of
an
impossibilitie
Ex
hypothesi
,
which
(
it
may
be
)
he
neuer
heard
of
or
vnderstood
:
he
did
therefore
belike
imagine
,
that
this
reason
also
might
go
for
good
paiment
amongst
the
rest
.
44.
Section
.
Pag.
89
,
90
,
91.
HIS
former
reason
of
guile
and
deceit
,
though
it
haue
but
a
leaden
point
,
yet
it
serueth
him
to
as
many
vses
,
as
though
it
were
Delphicus
gladius
.
For
he
thereby
first
concludeth
,
The
contract
betwixt
the
Bishop
and
the
minister
to
be
void
;
next
,
that
Such
ministers
are
intrudors
;
then
,
that
They
deferue
not
the
title
and
name
of
ministers
;
and
now
,
That
the
Bishop
by
law
ought
to
cite
such
a
minister
Ex
officio
,
and
to
proceed
to
his
deposing
.
Truelie
we
are
greatlie
beholden
vnto
him
,
as
for
his
art
herein
,
so
in
that
he
will
leaue
this
libertie
to
the
Bishop
to
depose
ministers
vpon
iust
occasion
,
and
that
procéeding
Ex
mero
officio
against
them
.
But
how
agréeth
this
with
his
popular
election
of
ministers
?
For
I
hope
if
the
people
with
the
Bishop
haue
the
placing
,
naie
if
he
must
but
admit
like
a
Vicechancelour
whome
they
present
vnto
him
;
then
must
they
haue
authoritie
also
to
displace
their
minister
,
for
[
](A19392-e91730-b)*
*
c.
1.
&
2.
Ext.
de
Capellis
Monachorum
c.
cum
&
plantare
§.
in
eccles●s
.
Ext.
de
priuilegijs
.
Cuius
est
instituere
,
eius
est
destituere
,
He
that
hath
authoritie
to
place
in
a
benefice
,
he
hath
also
to
displace
.
And
as
afore
he
was
content
to
frame
a
part
of
submission
for
the
Bishops
,
so
here
(
in
great
kindship
for
sooth
)
he
draweth
in
their
behalfe
a
processe
against
such
a
minister
,
arguing
sufficientlie
his
deepe
insight
in
law
,
being
such
a
péece
of
worke
,
as
for
which
all
the
aduocates
in
Spire
,
Paris
,
Bolonia
,
and
Siuill
,
may
woonder
on
him
,
and
cast
their
caps
at
it
,
for
euer
making
such
another
infamous
libell
,
rather
than
legall
syllogisme
.
I
will
trusse
vp
this
his
solemne
proces
as
short
as
I
can
,
in
this
maner
:
You
person
A.
B.
deceiued
me
when
I
made
you
a
minister
,
you
made
an
open
lie
,
you
haue
not
kept
promise
,
either
by
preaching
,
or
exercising
discipline
in
your
parish
,
you
sue
your
neighbours
for
trifles
,
and
you
haue
not
since
repented
you
of
these
,
with
diuerse
others
;
therfore
I
haue
summoned
you
to
depose
you
.
And
by
the
waie
I
will
aduise
you
not
to
thinke
me
vnconstant
,
doing
nothing
herein
,
but
what
an
emperor
in
a
lesse
matter
did
before
me
,
and
that
which
is
for
your
owne
benefit
.
In
his
proces
,
set
out
at
large
in
his
booke
,
I
obserue
that
he
laieth
a
great
number
of
faults
(
as
I
take
it
)
iointlie
,
whereof
if
any
one
be
not
prooued
,
the
defendant
must
be
absolued
.
For
otherwise
he
must
tell
vs
,
whether
euerie
of
these
which
be
obiected
,
doo
seuerallie
deserue
deposition
by
law
,
Inconstancie
.
which
I
thinke
no
man
will
affirme
.
Also
that
which
afore
he
called
A
solemne
stipulation
,
betwixt
the
Bishop
and
the
partie
ordeined
,
he
now
termeth
a
Vow
to
GOD.
Further
he
deduceth
in
his
processe
manie
faults
against
the
minister
,
as
Dishonouring
and
prophaning
GOD
,
quarelling
,
and
such
like
:
so
[
](A19392-e91820-b)*
*
Spec.
de
posi●i
.
§.
5.
1.
ver.
item
ad
.
generallie
and
vncerteinlie
,
that
by
law
they
are
to
be
reiected
,
being
not
otherwise
by
the
defendant
to
be
answered
.
And
he
which
afore
had
accused
Both
Bishop
and
minister
of
guile
and
collusion
betweene
them
,
dooth
here
séeme
to
cleare
the
Bishop
,
as
being
by
Guile
of
the
other
partie
circumuented
.
As
for
the
ministers
Not
preaching
being
vnlicenced
,
and
Not
exercising
of
discipline
,
is
but
friuolouslie
alledged
;
séeing
no
lawes
doo
warrant
them
,
but
such
as
the
author
hath
framed
in
his
owne
forge
.
Here
is
also
laid
downe
contrarie
to
rules
of
law
,
and
obiected
against
the
minister
,
a
negatiue
improbable
;
as
that
he
Neuer
instructed
any
of
his
parish
,
that
saluation
was
by
Christ
alone
.
Moreouer
,
he
maketh
the
Bishop
to
take
vpon
him
to
know
the
verie
cogitations
of
the
heart
,
as
that
Good
faith
was
not
ment
by
the
minister
,
that
he
did
contrarie
to
his
owne
conscience
,
that
his
praier
was
hypocriticall
,
and
that
he
hath
at
no
time
since
repented
.
So
that
I
,
for
my
part
,
am
so
farre
from
thinking
such
procéeding
(
as
is
here
set
downe
)
to
be
A
noble
and
famous
practise
of
a
good
and
godlie
Bishop
:
as
that
he
were
rather
to
be
iudged
a
mad
,
passionate
,
and
a
furious
man
,
which
would
in
this
sort
,
contrarie
to
all
mans
law
,
deuest
a
man
of
his
liuing
and
function
;
and
to
be
possessed
with
a
Luciferian
spirit
,
which
so
confidentlie
would
,
contrarie
to
Gods
law
,
condemne
another
mans
inward
cogitations
,
vnknowne
to
the
angels
in
heauen
,
and
to
all
the
diuels
in
hell
.
But
I
beséech
you
how
dooth
this
solemne
sentence
of
deposition
and
degradation
agrée
with
his
purpose
in
this
place
,
and
in
some
sections
afore
:
where
he
thought
he
had
prooued
,
that
such
as
he
here
deposeth
for
sundrie
Hypocrisies
,
publike
falsifications
,
sacrileges
,
mockings
of
God
,
and
delusions
of
lawes
,
were
not
so
much
as
in
name
anie
ministers
at
all
?
So
that
this
so
solemne
procéeding
here
,
dooth
nothing
else
but
kill
him
out
right
,
by
cutting
off
his
head
,
that
was
dead
two
daies
before
.
This
part
of
a
Bishops
dutie
,
which
he
so
extolleth
,
he
further
dooth
inforce
by
waie
of
two
comparisons
to
be
incident
vnto
him
to
see
it
put
in
practise
.
For
the
first
,
when
he
or
any
other
hath
prooued
,
euerie
minister
which
is
not
qualified
sufficientlie
to
preach
,
of
necessitie
to
be
an
Hypocrite
,
a
falsifier
of
his
word
,
an
impious
and
sacrilegious
person
,
an
open
mocker
and
deluder
both
of
the
law
of
God
,
and
of
hir
Maiesties
lawes
;
then
will
that
Bishop
he
meaneth
,
be
as
readie
to
depose
such
a
one
;
as
he
was
dutifull
to
sée
the
obstinate
contempt
and
breach
of
hir
Maiesties
lawes
punished
by
imprisonment
in
him
,
whome
this
man
calleth
Honest
,
poore
,
faithfull
watchman
of
the
Lord
,
and
painefull
teacher
:
who
neuerthelesse
perhaps
was
as
farre
from
desert
of
any
of
these
commendations
,
as
the
most
of
them
,
at
whome
he
so
viperouslie
hisseth
;
and
as
worthie
for
anie
stuffe
or
learning
,
to
be
sent
againe
to
the
plough
handle
,
or
weauers
loome
,
as
any
of
those
,
whome
he
with
such
gall
and
bitternesse
dooth
prosecute
.
But
is
it
credible
that
this
man
both
here
and
elsewhere
,
would
inueigh
against
the
Impugners
or
deluders
of
hir
Maiesties
lawes
,
and
call
for
their
deposing
,
that
is
not
content
onelie
to
traduce
his
superiors
,
for
executing
their
dutie
in
points
incident
to
their
charge
:
but
also
odiouslie
and
maliciouslie
,
thus
to
tawnt
and
to
hale
into
hatred
,
reuerend
Fathers
,
euen
for
the
execution
of
hir
Maiesties
lawes
,
which
are
with
a
most
strict
charge
by
the
whole
realme
in
parlement
,
to
them
earnestlie
recommended
?
Yea
not
onelie
to
condemne
them
in
this
respect
,
but
to
commend
others
for
Honest
men
,
painefull
teachers
,
&c:
which
purposelie
oppose
themselues
against
lawes
established
:
approching
herein
to
a
kind
of
papalitie
,
whereby
they
would
iudge
all
other
men
,
but
none
must
iudge
them
:
Quia
quod
nos
volumus
,
sanctum
est
.
Naie
in
his
second
comparison
,
he
plainelie
and
in
flat
termes
iustifieth
such
impugners
of
law
,
as
men
onelie
Making
conscience
Impugners
of
law
mainteined
.
not
to
offend
God
in
any
small
thing
,
and
debaseth
those
,
that
punish
them
for
such
breaches
of
lawe
,
when
he
saith
,
They
are
whipped
and
excommunicated
for
their
conscience
sake
:
and
by
waie
of
a
most
spitefull
and
Cynicall
antithesis
would
dub
all
to
be
Foolitanes
,
and
to
make
no
conscience
to
offend
God
in
all
things
,
who
haue
not
aspired
to
that
sublimitie
of
perfection
,
as
to
stumble
at
a
straw
,
and
leape
ouer
a
blocke
;
to
straine
at
a
gnat
,
and
swallow
vp
a
camell
.
So
that
we
sée
he
alloweth
their
dooings
as
procéeding
of
a
good
Conscience
,
and
of
feare
To
offend
God
in
any
small
thing
:
he
indirectlie
accuseth
Seditious
doctrine
.
hir
Maiesties
lawes
with
the
whole
realmes
to
be
such
in
some
parts
,
as
not
onelie
we
néed
not
to
obeie
for
conscience
sake
;
but
for
reteining
of
a
good
Conscience
,
and
feare
of
offending
God
,
we
ought
not
to
obserue
;
and
also
chargeth
those
(
who
indéed
for
conscience
sake
,
obeieng
the
magistrat
in
these
méere
indifferent
things
,
least
by
their
contempt
they
doo
also
hereby
offend
God
)
to
make
no
conscience
to
offend
God
in
all
things
:
and
yet
this
man
forsooth
may
not
be
accompted
A
lawles
and
rebellious
Puritane
,
that
thus
breaketh
thorough
the
lines
,
and
cracketh
the
ioints
of
all
our
obedience
to
magistrates
:
whose
power
to
command
consisteth
in
nothing
,
if
not
in
the
vse
of
méere
indifferent
matters
.
45.
Section
.
Pag.
91
,
92.
HEre
,
by
a
preoccupation
,
meaning
to
leaue
all
sure
behind
him
,
he
maketh
in
the
person
of
An
old
canonist
,
an
obiection
against
deposing
a
man
once
ordeined
,
in
respect
of
vnworthines
:
seeing
the
Bishops
sentence
and
iudgement
whereby
he
once
approoued
him
,
being
not
appealed
from
within
ten
daies
(
as
the
text
,
which
he
quoteth
,
distinguisheth
)
dooth
passe
into
termes
of
a
matter
decided
and
adiudged
,
and
becommeth
an
ouerruled
case
.
He
saith
to
this
,
that
he
will
Answer
law
with
law
,
but
telleth
vs
not
where
we
may
find
his
law
.
In
which
answer
he
greatlie
bewraieth
his
owne
ouersight
:
for
if
the
lawe
where
with
he
confronteth
the
obiection
,
be
directlie
contrarie
to
it
,
then
hath
he
not
resolued
the
doubt
,
but
made
it
stronger
,
seeing
the
lawe
admitteth
no
Antinomies
:
and
it
is
against
rules
of
reasoning
,
to
answer
one
doubtfull
matter
or
obiection
by
another
.
If
it
be
but
diuerse
,
then
should
he
prooue
,
that
his
second
lawes
decision
is
to
be
referred
vnto
,
and
to
distingush
the
former
,
which
he
cannot
in
this
answer
.
For
where
he
should
shew
(
the
Bishops
definitiue
sentence
,
for
the
fitnesse
of
the
minister
,
notwithstanding
)
that
yet
he
may
be
looked
into
,
and
tried
,
not
to
haue
béene
so
fit
at
that
time
,
as
he
ought
,
and
there
vpon
be
deposed
;
which
should
be
as
an
exception
to
the
former
law
:
In
stéed
hereof
he
telleth
vs
,
that
For
some
cause
afterward
arising
,
inquisition
may
be
made
,
whereby
one
being
once
allowed
,
may
againe
be
allowed
and
dissallowed
.
By
the
first
part
of
which
answer
we
may
gather
,
that
he
answereth
not
Adidem
;
for
he
should
shew
,
not
that
for
a
new
matter
,
inquisition
may
be
had
of
him
;
but
vpon
his
former
sufficiencie
or
insufficiencie
,
though
more
than
ten
daies
be
past
after
his
ordering
.
But
as
it
is
no
doubt
,
but
for
some
faults
found
in
the
minister
after
his
ordering
,
he
may
by
lawe
be
euen
degraded
:
so
it
is
as
notorious
,
if
he
were
sufficient
at
his
ordering
,
and
by
old
age
or
the
visitation
of
God
,
doo
fall
afterward
to
great
imperfections
and
disabilities
in
wit
,
memorie
,
and
vnderstanding
;
he
may
not
against
his
will
be
remooued
,
but
is
to
haue
a
Coadiutor
assigned
vnto
him
,
at
his
costs
and
charges
.
Which
thing
,
euen
the
reformed
churches
of
France
,
in
their
discipline
and
policie
doo
reteine
,
where
they
haue
thus
decréed
,
[
](A19392-e92230-b)*
*
La
discipline
de
France
.
art.
31.
Mais
ceulx
ne
seront
,
&c:
But
such
shall
not
be
deposed
,
which
through
age
,
infirmitie
,
or
other
like
impediment
shall
become
vnfit
to
execute
their
functions
.
In
which
case
their
former
estate
shall
be
reserued
,
and
they
shall
be
recommended
to
their
owne
churches
to
be
mainteined
,
and
another
shal
be
prouided
which
shall
execute
their
charge
.
The
second
part
of
his
answer
conteineth
one
of
our
authors
riddles
.
For
what
end
(
I
beséech
you
)
should
a
man
Once
allowed
,
be
allowed
againe
,
and
yet
disallowed
?
Well
,
the
truth
is
,
that
he
was
deceiued
,
when
he
translated
Probatus
,
tried
,
as
though
it
had
béene
Approbatus
,
allowed
.
For
[
](A19392-e92290-b)*
*
c.
cum
secundum
ampl
.
ver.
liceat
.
Extra
.
de
pro.
&
dign.
Salsification
detected
.
the
glosse
,
which
detecteth
his
craftie
packing
in
his
answer
,
for
which
end
also
he
was
vnwilling
to
quote
it
at
all
,
is
in
this
passage
thus
:
If
the
superiour
should
write
to
the
ordeinour
,
he
might
not
obiect
any
thing
,
except
that
were
expresselie
set
downe
in
the
letters
,
bicause
he
ought
to
hold
them
fit
for
a
benefice
,
whome
he
esteemed
fit
for
orders
.
c.
accepimus
,
Ext.
de
aetat
.
&
qual.
But
the
successor
may
obiect
:
And
so
he
that
was
once
Approbatus
,
iterum
probatur
&
reprobatur
:
allowed
,
is
againe
tried
and
disallowed
,
as
the
physician
is
,
Lvt
gradatim
§
.
reprobari
.
ff.
de
muneribus
&
honoribus
,
&c.
And
a
little
after
saith
the
glosse
,
But
all
this
is
but
of
fauour
,
bicause
we
ought
not
to
inquire
often
of
one
mans
fact
.
L.
licèt
in
fine
ff.
nautae
,
caupones
.
But
are
we
not
to
presume
for
the
sufficiencie
of
him
that
is
ordeined
?
An
argument
that
we
are
,
is
in
C.
post
cessionem
Ext.
de
probat
.
Except
the
contrarie
be
prooued
.
But
whie
should
we
take
knowledge
afterward
of
the
ministers
fitnes
,
seeing
the
sentence
of
the
Bishop
,
wherin
he
pronounced
him
fit
,
is
alreadie
passed
into
the
force
of
a
matter
adiudged
and
ouer-ruled
,
beeing
not
appealed
from
c.
cùm
dilecti
.
Ext.
de
elect
.
We
must
answer
,
either
that
all
this
reexamining
is
but
of
speciall
fauour
,
or
else
that
this
inquirie
is
onelie
made
,
vpon
some
new
cause
afterward
arising
.
c.
1.
Ext.
de
aetat
,
&c.
Where
we
sée
both
the
obiection
he
bringeth
,
and
his
answer
in
part
touched
,
but
not
rested
vpon
.
For
the
glosse
here
plainelie
decideth
,
that
a
ministers
former
fitnesse
is
not
after
his
ordeining
,
no
not
by
the
successor
of
the
Bishop
that
made
him
,
to
be
scanned
vpon
,
but
either
vpon
some
occasion
afterwards
newlie
happening
,
or
by
speciall
grace
or
direction
to
the
Bishop
from
the
superior
.
We
sée
also
hereby
,
his
wrong
translation
,
his
leauing
out
of
some
part
,
and
foisting
in
of
other
some
,
and
his
wilfull
falsification
of
the
glosse
to
serue
his
turne
and
humor
.
And
to
this
decision
of
the
glosse
,
that
a
Bishop
may
not
deuest
one
of
his
liuing
in
regard
of
insufficiencie
,
that
is
once
allowed
,
agréeth
Bartol.
as
he
is
alledged
by
[
](A19392-e92340-b)*
*
Panor
.
in
c.
vlt.
infine
Ext.
de
aetat
.
&
qualit
.
facit
ad
hoc
c.
accepimus
Ext.
d.
Panormitane
.
If
(
saith
Panormitane
)
it
be
afterward
spied
out
,
that
the
minister
is
verie
ignorant
,
may
the
Bishop
take
awaie
his
prebend
?
Bartolus
saith
he
may
not
,
Modò
sciat
officium
,
so
that
he
can
saie
masse
:
and
alledgeth
to
this
end
,
c.
quando
.
c.
qui
ipsis
,
&c.
sequens
38.
distinct
.
And
therefore
to
conclude
,
as
the
author
dooth
,
but
yet
to
another
end
:
it
behooueth
all
that
be
in
authoritie
,
in
manie
respects
to
sée
hir
Maiesties
lawes
strictlie
executed
against
such
yokelesse
and
fanaticall
spirits
as
this
,
who
vnder
colour
and
pretense
of
lawes
in
force
,
which
he
cannot
prooue
,
otherwise
than
you
haue
heard
:
dooth
inforce
most
dangerous
innouations
in
this
church
,
and
most
dishonorable
to
hir
Maiesties
renowmed
gouernement
hitherto
,
as
well
for
matters
as
persons
ecclesiasticall
:
who
debaseth
with
might
and
maine
,
and
whetteth
mens
toongs
at
the
least
,
against
all
that
execute
or
conforme
themselues
to
hir
Maiesties
godlie
procéedings
,
in
church
gouernement
and
externall
policie
:
who
magnifieth
and
extolleth
the
contrarie
faction
,
and
who
not
obscurelie
,
Slilie
or
couertlie
,
but
euen
plainlie
(
notwithstanding
his
apologie
now
insuing
)
bereaueth
vs
as
much
as
his
poore
spite
will
serue
him
,
almost
wholie
of
a
lawfull
ministerie
in
England
.
And
I
praie
God
,
that
by
better
weights
than
these
which
he
bringeth
,
and
by
a
more
exact
touch
,
both
the
sufficiencie
of
our
ministers
may
be
tried
,
and
also
for
the
better
incouragement
of
more
able
men
for
that
function
hereafter
,
the
liuings
allotted
to
the
ecclesiasticall
state
,
may
rather
be
increased
,
than
by
corruption
and
sinister
deuises
gelded
and
shredded
,
by
foxes
and
wild
bores
out
of
the
wood
that
destroie
the
vineyard
,
and
by
Nimrods
and
mightie
hunters
of
Gods
people
.
For
it
hath
béene
,
and
alwaies
will
be
true
,
Honos
alit
artes
.
And
where
rewards
of
learning
doo
in
number
or
quantitie
decaie
,
there
learning
it selfe
will
not
with
like
alacritie
to
any
ripenes
be
pursued
.
The
want
of
which
rewards
of
learning
in
that
respect
,
with
lamentable
experience
,
and
too
late
repentance
,
some
countries
alreadie
doo
taste
,
and
are
like
more
and
more
to
feele
hereafter
.
46.
Section
.
Pag.
92
,
93
,
94
,
95.
NDw
,
as
though
some
other
better
staied
man
,
pitieng
the
former
follies
and
vndutifull
lauish
speaches
of
our
anthor
,
and
seeking
to
qualifie
them
in
part
,
as
not
so
hardlie
ment
as
the
words
doo
import
,
had
stepped
héere
into
plaic
,
and
taken
the
matter
in
hand
;
are
we
come
to
a
more
calme
and
temperate
apologie
:
not
so
much
of
any
good
loue
,
as
for
feare
it
Might
otherwise
be
vnto
him
dangerous
,
as
well
as
it
is
offensiue
to
others
.
Whereby
for
the
wounding
of
manie
weake
consciences
,
readie
to
take
offense
vpon
lighter
occasions
than
these
,
for
the
calling
of
the
whole
state
ecclesiasticall
into
hazard
of
their
ministerie
and
liuings
,
we
shall
haue
of
him
onelie
a
plaister
of
a
few
glosing
words
,
to
make
amends
for
all
.
Nothing
else
but
protesting
in
effect
,
that
he
is
not
so
farre
gone
in
these
conceits
,
as
some
of
the
same
haire
are
;
who
doo
run
so
far
,
that
except
they
quicklie
staie
,
they
may
perhaps
with
good
desert
run
themselues
of
a
sudden
out
of
breath
.
I
will
therfore
bréeflie
examine
how
he
auoideth
that
,
which
hath
béen
so
necessarilie
gathered
of
his
former
spéeches
;
which
is
,
that
according
to
his
construction
,
it
may
happen
euen
the
best
men
we
haue
,
to
be
destitute
of
any
lawfull
calling
into
the
ministerie
.
But
in
this
section
before
he
come
so
farre
,
he
maketh
a
kind
of
confession
,
whereby
he
séemeth
fit
to
be
taken
at
his
word
,
as
being
presentlie
in
a
reasonable
good
mind
.
First
,
He
confesseth
wee
haue
a
true
church
in
England
,
wherby
it
appeareth
he
taketh
such
for
no
Honest
poore
men
,
nor
the
Lords
watchmen
,
which
say
we
haue
scarse
the
face
of
a
true
church
in
England
.
Next
,
he
acknowledgeth
Hir
Maiesties
lawfull
and
sole
souereigne
gouernement
,
ouer
all
causes
and
persons
:
whervpon
may
be
gathered
,
he
was
not
well
aduised
afore
,
in
séeking
The
authors
inconstancie
.
to
establish
popular
elections
of
ministers
,
where
vpon
of
consequence
would
follow
,
as
also
no
lesse
is
included
in
the
generalitie
of
his
proofs
,
that
Bishops
and
Deanes
nominations
shall
be
attributed
also
(
from
hir
Daiestie
)
vnto
the
people
;
nor
yet
when
he
made
the
contempt
of
obeieng
hir
Daiesties
lawes
concerning
indifferent
rites
and
ceremonies
,
a
commendable
thing
in
them
,
as
procéeding
Of
conscience
and
of
feare
to
offend
GOD
in
any
small
thing
.
For
in
what
causes
ecclesiasticall
,
can
hir
Highnesse
lawfull
gouernement
be
exercised
and
bestowed
,
if
with
a
good
conscience
,
and
without
offense
of
God
,
shée
may
be
disobeied
in
matters
méerelie
indifferent
?
He
goeth
on
,
and
confesseth
,
That
hir
Maiestie
ought
to
put
in
execution
,
according
to
the
prescript
rule
of
Gods
word
,
the
doctrines
deliuered
by
the
ministers
,
for
abolishing
of
all
and
all
maner
superstitions
and
abuses
,
reteined
in
the
church
,
and
for
the
establishing
of
a
perfect
gouernment
of
it
.
Whereby
we
may
sée
,
how
hard
it
is
for
a
cat
of
mountaine
to
change
his
spots
,
or
a
Morian
his
tanned
hue
,
or
for
him
to
plaie
a
little
vpon
his
old
by-asse
.
For
dooth
he
not
héere
in
a
manner
plainelie
condemne
hir
Haiestie
,
Factious
speaches
.
not
to
haue
doone
as
the
Ought
,
nor
according
to
the
prescript
rule
of
Gods
word
?
Dooth
he
not
insinuate
the
perfect
gouernment
of
the
church
,
not
to
be
yet
established
?
And
dooth
he
not
expresselie
saie
;
that
Superstitions
and
abuses
are
reteined
in
the
church
?
D
wicked
and
vngratefull
wretches
to
the
Daiestie
of
God
,
and
to
his
lieutenant
the
Duéenes
Highnesse
!
which
in
regard
of
so
manie
and
so
manifold
blessings
by
hir
ministerie
bestowed
,
doo
recompense
and
requite
them
with
repining
,
and
with
slander
in
this
maner
.
Non
sic
fecit
Deus
omni
nationi
,
who
make
vs
all
thankefull
for
them
.
The
other
three
members
of
his
spéech
and
confession
in
this
place
,
touching
the
ministers
duetie
towards
magistrate
and
people
,
of
the
peoples
obedience
to
the
magistrats
and
ministers
,
and
of
the
concurrence
of
the
ministers
instruction
with
the
magistrats
authoritie
in
the
gouernement
of
the
church
,
though
no
more
than
of
the
rest
I
can
sée
how
they
are
incident
to
this
treatise
;
yet
I
doo
not
perceiue
any
cause
whie
they
should
be
reiected
.
Neuerthelesse
,
if
the
minister
as
doubting
of
the
lawfulnesse
of
his
owne
externall
calling
;
and
the
magistrate
and
people
as
surmising
him
to
haue
runne
before
he
was
sent
,
should
beleue
our
author
in
his
former
nice
points
about
ordinations
:
I
cannot
coniecture
,
that
either
the
minister
with
any
couragious
spirit
can
discharge
this
dutie
,
or
that
the
magistrate
and
people
can
or
will
regard
that
which
he
speaketh
,
as
they
ought
to
doo
,
from
the
mouth
of
him
that
is
Gods
true
ambassador
vnto
them
:
or
yéeld
vnto
their
maintenance
their
tithes
and
other
duties
trulie
and
faithfullie
as
they
ought
.
The
examples
which
he
here
bringeth
,
though
some
of
them
sound
suspiciouslie
,
considering
from
whome
they
procéed
,
are
méere
apologeticall
,
tending
to
prooue
,
that
the
ministers
and
people
may
not
of
their
own
head
,
without
the
princes
authoritie
,
séeke
to
execute
any
reformation
,
and
thereby
to
purge
our
author
from
the
suspicion
of
the
traitorous
heresie
of
certeine
late
pestilent
Sectaries
.
But
his
repining
and
mutinous
doubting
with
his
Ifs
and
Ands
,
which
he
casteth
in
the
necke
of
his
former
apologie
,
whereby
,
like
Scyria
capra
,
he
ouerturneth
the
milke
with
his
heele
,
that
afore
he
yéelved
;
dooth
be
wraie
his
discontented
mind
,
and
slender
estimation
he
carrieth
of
the
godlie
reformation
established
by
hir
Maiestie
.
For
what
else
doo
these
voices
yéeld
,
[
If
hir
Maiesties
eies
be
not
Seditious
speeches
and
vndutifull
.
yet
opened
,
if
some
blemishes
and
blots
remaine
in
hir
gouernement
,
if
councellors
be
hired
to
trouble
the
building
all
the
daies
of
Cyrus
,
if
the
wals
must
be
reedified
by
Eliashib
,
if
the
church
must
tarrie
Gods
leisure
,
if
any
other
glorious
purpose
be
to
worke
in
our
daies
by
hir
.
Highnesse
:
]
but
to
fill
vnstable
heads
of
the
people
,
to
whom
this
booke
was
especiallie
addressed
,
with
buzzing
of
dislike
to
things
present
,
and
hope
of
alterations
,
and
new fangled
innouations
hereafter
?
Which
conceits
cannot
tend
any
waies
to
hir
Daiesties
honour
,
nor
worke
to
the
securitie
and
quiet
of
the
realme
.
And
those
which
haue
so
quezie
and
squemish
stomachs
at
the
state
present
,
ioined
with
such
an
esseminate
longing
,
and
Absurd
appetite
of
restlesse
and
endlesse
alternations
in
church
matters
:
I
praie
God
they
haue
not
cause
,
with
the
first
,
neuer
to
haue
wished
change
,
nor
that
they
euer
sée
the
time
wherein
they
would
with
all
their
hearts
desire
,
with
fauour
and
libertie
of
conscience
,
to
enioie
that
forme
of
liturgie
,
ecclesiasticall
policie
,
and
church
gouernement
,
which
by
the
mercies
of
God
,
and
hir
Daiesties
ministerie
,
are
now
planted
in
this
church
,
if
they
might
hope
to
atteine
it
!
Bonum
non
fruendo
,
sed
carendo
redditur
charius
.
47.
Section
.
Pag.
95
,
96
,
97.
THus
hauing
shewed
some
part
of
his
former
Apologie
and
protestation
to
be
verie
doubtfullie
deliuered
,
and
both
that
and
other
his
spéeches
afore
to
be
verie
Offensiue
vnto
manie
,
and
therefore
that
(
which
his
guiltie
conscience
telleth
him
)
Might
haue
beene
dangerous
to
his
person
,
is
not
yet
ouerblowne
or
auoided
:
we
are
now
come
to
his
purgation
of
that
which
might
and
hath
béene
obiected
,
that
he
Insinuateth
indeed
no
lawfull
ministerie
to
be
in
England
.
But
he
confesseth
now
,
That
euerie
one
meet
and
apt
to
teach
,
that
euerie
one
qualified
as
is
requisite
,
that
euerie
one
mooued
inwardlie
by
the
Holie-ghost
,
and
outwardlie
called
and
appointed
by
the
Bishop
,
hauing
authoritie
by
the
order
of
this
church
of
England
,
is
indeed
,
and
by
law
a
minister
.
If
these
be
spoken
distributiuelie
,
as
the
word
Euerie
,
and
the
Intersections
by
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
doo
import
;
then
hath
he
established
some
a
minister
without
Outward
calling
,
so
he
be
otherwise
qualified
as
is
requisite
;
then
may
a
man
be
qualified
as
is
requisite
thereto
,
being
not
apt
to
teach
,
nor
inwardlie
mooued
vnto
it
by
the
Holie-ghost
,
or
outwardlie
called
&
appointed
by
the
Bishop
.
And
what
if
he
(
after
this
mans
construction
)
haue
not
Authoritie
by
th'
order
of
this
church
of
England
;
as
not
hauing
béene
consecrated
by
such
a
B.
as
was
consecrated
according
to
th'
order
of
the
booke
established
?
Which
our
author
maketh
so
necessarie
,
as
that
he
reasoneth
afore
out
of
the
words
of
the
statute
negatiuelie
;
to
wit
,
none
to
be
a
Bishop
,
priest
or
deacon
,
but
such
as
Pag.
77.
were
consecrated
and
ordered
according
to
the
forme
and
maner
of
that
booke
;
but
admitting
them
to
be
taken
iointlie
,
yet
his
reasons
to
prooue
such
to
be
Ministers
indeed
and
by
law
,
are
so
childish
beggings
of
that
which
may
be
controuersed
,
that
(
I
assure
you
)
a
man
might
iustlie
doubt
,
that
he
did
but
dallie
and
Praeuaricari
herein
.
First
(
he
saith
)
they
are
so
,
bicause
They
are
indeed
and
truth
messengers
A
childish
fallacie
.
sent
by
God
.
Secondlie
,
bicause
they
Are
ministers
by
the
law
of
this
land
.
Truelie
,
this
man
that
was
so
strict
afore
,
is
soone
woone
,
which
is
ouercome
with
these
doughtie
reasons
,
which
no
man
,
but
he
may
with
as
great
probabilitie
denie
,
as
he
may
doo
the
conclusion
to
be
prooued
,
being
the
verie
selfe-same
with
the
premisses
,
consisting
in
these
two
reasons
.
Touching
the
matter
it selfe
,
law
teacheth
vs
,
that
A
protestation
with
a
contrarie
act
worketh
nothing
.
Therfore
how
can
this
protestation
releeue
our
author
any
Pag.
77.
thing
,
who
hath
afore
plainelie
refused
all
for
ministers
,
in
whose
ordinations
the
maner
and
forme
of
the
booke
is
not
exactlie
obserued
?
And
which
maketh
All
solemnities
therin
Pag.
83.
euen
of
the
least
moment
to
be
substantiall
and
not
accidentall
,
by
the
law-makers
appointment
?
Therefore
out
of
his
owne
words
and
reasons
to
prooue
this
his
protestation
vaine
and
elusorie
,
I
reason
thus
.
1
Wheresoeuer
the
first
branch
of
the
statute
,
for
the
Pag.
77.
obseruing
of
a
forme
and
order
in
the
ordinations
of
ministers
,
is
broken
,
there
the
second
branch
authorising
them
to
be
in
verie
deed
ministers
can
take
no
place
:
But
some
Pag.
92.
of
the
points
required
,
haue
beene
,
and
are
perhaps
dailie
omitted
in
making
euen
the
best
men
that
are
in
the
ministerie
at
this
daie
,
and
so
the
forme
and
order
of
the
booke
not
obserued
:
Therefore
the
best
men
that
are
in
the
ministerie
at
this
daie
,
perhaps
are
not
in
verie
déed
ministers
.
2
Wheresoeuer
the
forme
of
an
act
is
not
speciallie
,
Pag.
78
,
80.
&
deinceps
.
and
at
an
inch
,
and
not
by
any
thing
equiualent
obserued
,
there
the
act
by
meere
law
is
no
act
at
all
:
But
some
points
Pag.
92.
of
the
forme
required
are
perhaps
dailie
vnobserued
in
making
the
best
men
ministers
,
that
are
in
the
ministerie
at
this
daie
:
Therefore
,
&c.
3
Wheresoeuer
a
certeine
forme
and
order
of
proceeding
Pag.
84.
is
appointed
,
to
those
that
had
no
authoritie
before
such
commission
;
there
if
the
forme
be
not
obserued
,
the
processe
by
lawe
is
meerelie
void
:
But
the
Bishops
before
Pag.
84
,
92.
the
statute
,
hauing
no
authoritie
to
make
deacons
or
ministers
,
doo
omit
the
forme
perhaps
dailie
in
making
the
best
men
ministers
:
Therefore
their
procéeding
herein
is
by
lawe
méerelie
void
:
and
so
the
best
men
we
haue
in
the
ministerie
,
perhaps
not
in
verie
deed
ministers
:
and
therefore
(
as
our
author
often
collecteth
)
are
Intrudors
.
But
he
,
which
to
the
intent
he
might
haue
some
shew
to
serue
his
humor
,
and
to
wrap
in
either
one
waie
or
other
those
whome
he
foreiudgeth
to
be
vnlearned
,
to
the
danger
of
vsurpation
and
intrusion
,
did
tell
vs
in
great
earnest
,
Pag.
83.
that
all
the
solemnities
about
ordeining
of
ministers
,
how
Small
of
moment
soeuer
they
seemed
to
be
by
the
law-makers
appointment
,
were
substantiall
,
and
not
accidentall
:
dooth
now
in
another
tune
saie
,
that
Learned
,
qualified
,
and
inwardlie
called
;
and
vnlearned
,
vnqualified
,
and
not
inwardlie
mooued
,
dooth
differ
as
much
as
light
and
darknes
:
meaning
and
insinuating
hereby
(
as
I
doo
gather
)
that
whatsoeuer
he
hath
aforesaid
concerning
Forme
,
solemnities
,
commission
,
statute
,
or
good
faith
,
they
were
not
so
much
to
the
matter
,
or
greatlie
to
be
stood
vpon
:
but
that
these
are
Differentiae
specificae
&
constitutiuae
,
of
a
minister
indéed
,
which
maketh
him
so
to
be
,
and
thereby
onelie
dooth
also
differ
from
such
as
be
not
.
Quo
teneam
vultum
mutantem
Protea
nodo
?
And
if
so
be
these
thrée
be
the
onelie
necessarie
points
,
concurring
to
the
making
of
a
minister
indéed
,
and
distinguishing
a
true
minister
from
an
vsurped
,
then
may
we
haue
a
minister
in
this
church
,
without
the
externall
calling
by
the
Bishop
,
which
is
not
here
spoken
of
.
If
by
Learned
,
he
meane
onelie
such
as
are
apt
to
teach
,
and
by
teaching
meane
onelie
preaching
;
whie
did
he
not
ad
also
that
which
S.
Paule
ioineth
with
aptnesse
to
teach
,
to
be
able
also
to
confute
errors
and
heresies
?
But
the
booke
requireth
as
of
necessitie
no
other
learning
,
but
that
he
be
Sufficientlie
instructed
in
holie
scriptures
:
which
that
it
reacheth
not
alwaies
so
high
,
as
that
he
must
be
able
to
be
a
preacher
,
is
shewed
in
diuers
places
afore
.
The
qualities
Preface
to
the
booke
.
which
the
booke
speaketh
of
,
are
onelie
that
He
be
by
sufficient
testimonie
commended
,
or
else
knowne
to
the
Bishop
to
be
of
vertuous
conuersation
and
without
crime
;
and
also
that
he
be
found
learned
in
the
Latine
toong
.
But
that
he
be
inwardlie
mooued
by
the
Holie-ghost
,
to
the
worke
of
the
ministerie
:
is
a
thing
left
to
his
owne
conscience
,
and
not
to
be
discussed
by
the
Bishop
,
or
any
man
else
;
but
in
charitie
,
which
hopeth
all
things
,
to
be
intended
and
presumed
.
And
séeing
it
is
possible
for
a
man
verie
vnfit
at
the
beginning
,
by
studie
,
practise
,
&
the
blessing
of
God
,
to
become
sufficient
:
and
for
him
that
is
now
well
and
honestlie
disposed
,
afterwards
to
relapse
into
loosenesse
of
life
;
and
for
him
also
that
is
skilled
in
the
Latine
toong
,
&
sufficientlie
instructed
in
holie
scripture
;
either
by
disuse
,
or
by
the
visitation
or
iudgement
of
God
,
to
become
verie
ignorant
and
sottish
in
both
:
therefore
I
doo
not
sée
(
if
we
knowe
not
the
contrarie
)
but
both
by
the
rules
of
charitie
and
law
,
we
are
bound
to
thinke
,
that
yet
at
the
ordination
of
such
a
one
,
he
was
so
qualified
in
all
these
points
as
was
requisite
.
That
[
](A19392-e93480-b)a
a
Bart.
in
l.
cum
quid
.
ff.
si
certum
petatur
.
which
is
agreeable
to
the
nature
of
any
contract
,
is
presumed
to
haue
beene
performed
.
Againe
,
A
[
](A19392-e93510-b)b
b
c.
in
praesentia
de
renuntiat
.
c.
cum
inter
.
de
re
iudicata
.
c.
bone
.
de
elect
.
gl
in
c.
quoniam
Ext.
de
probat
.
iudge
is
presumed
to
haue
rightlie
executed
that
,
which
is
incident
to
his
office
.
Further
,
That
[
](A19392-e93540-b)c
c
L.
quoti●s
ff.
de
rebus
dubijs
.
c.
Abbate
sane
.
Ext.
de
verb
sign
.
which
confirmeth
,
and
not
that
which
adnulleth
any
act
,
is
intended
to
haue
beene
doone
.
And
lastlie
;
Euerie
[
](A19392-e93570-b)d
d
L.
ab
ea
parte
ff.
de
probat
spec.
de
proba
.
§.
1.
verb
sequitur
videre
.
one
is
presumed
fit
and
capable
,
till
the
contrarie
be
prooued
.
But
our
authour
cleane
contrarie
to
this
,
euen
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
will
presume
all
requisites
to
haue
béene
obserued
by
that
which
appeareth
in
his
conuersation
and
learning
afterwards
.
So
that
by
this
reckoning
,
a
man
neuer
so
orderlie
at
the
first
called
both
inwardlie
and
outwardlie
,
vpon
defects
afterwards
arising
in
him
,
shall
be
shut
out
for
an
intrudor
,
vsurper
,
or
one
which
by
wrong
suggestion
,
and
fraudulent
meanes
,
hath
attained
the
ministerie
;
&
he
that
hath
indéed
intruded
,
and
without
all
outward
calling
thrust
himselfe
into
the
Lords
haruest
,
so
that
he
haue
some
commendable
gifts
of
learning
,
and
demeane
,
and
beare
himselfe
without
publike
staine
or
blot
,
shall
be
intended
and
presumed
to
haue
béene
inwardlie
mooued
by
the
Holie-ghost
,
and
be
in
verie
déed
a
true
and
lawfull
minister
.
Yea
so
stronglie
(
if
we
may
beléeue
him
)
shall
this
be
intended
,
that
it
shall
be
accounted
Praesumptio
iuris
&
de
iure
.
So
that
we
are
come
to
that
issue
which
afore
I
touched
,
that
the
Bishop
,
when
he
hath
an
vnlearned
minister
vnder
hand
,
such
as
this
man
surmiseth
all
to
be
which
are
not
able
to
be
preachers
,
cannot
though
he
would
,
obserue
the
solemnities
,
forme
and
order
of
the
booke
of
ordinations
.
But
when
a
learned
man
is
vnder
his
hand
to
be
ordeined
,
then
he
cannot
but
stumble
(
whether
he
will
or
no
)
of
all
such
matters
of
forme
as
are
appointed
.
And
that
Sect.
45.
this
is
such
a
presumption
,
he
bringeth
for
proofe
a
glosse
,
which
if
he
had
ment
plainelie
,
he
would
haue
quoted
in
a
more
fit
place
than
this
;
but
he
was
then
loth
his
craftie
conueiance
should
be
espied
.
Which
glosse
,
as
may
there
be
perceiued
,
saith
not
so
much
as
colourablie
any
thing
tending
to
this
purpose
,
but
the
quite
contrarie
.
But
(
saith
it
)
shall
we
presume
for
the
parties
sufficiencie
that
is
ordeined
?
C.
post
cessionem
Ext.
de
probationibus
,
is
an
argument
,
that
we
must
so
presume
except
the
contrarie
be
prooued
.
And
againe
,
that
we
must
thus
stronglie
presume
and
intend
,
he
exemplifieth
(
for
I
may
not
saie
prooueth
)
by
rescripts
Autenticallie
sealed
,
yet
procured
by
vntrue
and
colourable
suggestion
:
and
by
a
definitiue
sentence
,
wherein
is
a
Nullitie
.
For
the
first
proofe
whereof
,
that
the
rescript
was
obteined
(
Bona
fide
)
and
that
the
sentence
was
a
iust
iudgement
,
we
must
(
he
saith
)
presume
,
till
the
contrarie
of
the
one
be
prooued
;
and
for
the
Iniurie
and
iniquitie
of
it
,
the
other
be
reuersed
.
Where
,
by
the
way
,
ye
may
sée
this
mans
great
skill
,
which
presumeth
for
the
validitie
of
a
sentence
,
in
which
is
a
nullitie
,
prefixeth
the
ordinarie
course
of
appeale
for
reuersing
of
it
,
&
confoundeth
it
with
a
reuersible
sentence
,
in
respect
of
th'
iniustice
&
iniquitie
of
it
.
[
](A19392-e93680-b)a
a
Inst.
de
perpet
.
&
temp.
in
princ
.
l.
omnes
.
l.
sicuti
.
C.
de
praescript
.
30.
vel
.
gl
.
in
l.
querelam
.
C.
de
fals.
Wheras
a
nullitie
may
be
proposed
against
a
sentence
at
any
time
within
thirtie
yeares
at
the
least
.
And
[
](A19392-e93690-b)b
b
Bald.
in
l.
1.
C.
de
rebus
alien
.
&
l.
2.
C.
fi
ex
fals.
instrum
.
if
it
be
in
regard
of
want
of
iurisdiction
or
commission
,
in
[
](A19392-e93700-b)c
c
C.
vigilanti
&c.
fin
.
Ext.
de
praes.
causes
wherein
by
lawe
no
prescription
runneth
,
or
be
[
](A19392-e93710-b)d
d
L.
pure
in
fine
ff.
de
dol.
except
.
l.
si
pactus
C.
de
exceptionib
.
proposed
by
waie
of
exception
,
the
action
of
nullitie
neuer
ceaseth
,
but
at
any
time
may
be
opposed
.
So
that
(
to
returne
to
the
principall
purpose
)
that
the
euent
insuing
must
teach
,
who
were
with
all
due
circumstances
ordeined
ministers
,
and
who
failed
therein
,
and
that
such
iudgement
is
grounded
on
a
presumption
of
law
and
by
law
,
we
may
perceiue
is
vtterlie
left
vnprooued
.
Naie
,
if
he
had
vnderstood
what
he
writ
,
he
would
either
neuer
haue
so
rashlie
and
vntruelie
affirmed
,
that
course
of
iudging
to
be
Praesumptio
iuris
&
de
iure
,
or
else
would
haue
spared
his
examples
,
which
make
directlie
against
him
in
this
behalfe
.
[
](A19392-e93730-b)e
e
L.
si
tutor
.
cum
gl
.
&
ibi
.
Bald.
C.
de
peric
.
tut
.
&
Bald.
in
l.
ita
demum
C.
de
procurat
.
For
a
presumption
of
law
,
is
a
most
cleare
kind
of
proofe
,
and
is
so
full
,
that
it
[
](A19392-e93740-b)f
f
L.
3.
C.
de
apochis
publ.
li.
10.
Bald.
in
l.
1.
C.
de
fidei
com
.
dooth
of
it selfe
sufficientlie
prooue
,
and
is
most
pithie
euidence
.
Yea
the
[
](A19392-e93750-b)g
g
Auth.
sed
iam
necesse
.
C.
de
donat.
ante
nupt.
Alex.
in
l.
non
est
verisimile
.
ff.
quod
metus
causa
.
presumption
of
law
and
by
law
,
as
some
doo
terme
it
,
will
not
admit
any
proofes
to
the
contrarie
,
otherwise
than
by
the
confession
of
the
partie
himselfe
:
and
is
equiualent
with
any
such
[
](A19392-e93760-b)h
h
Bart.
in
cons.
à
Dom.
Cyno
.
matter
,
as
by
the
disposition
of
any
statute
law
,
may
not
be
refelled
.
So
that
our
author
matching
this
presumption
with
presumption
for
rescripts
and
sentences
,
which
by
contrarie
proofes
are
indéed
ouerthrowne
,
dooth
giue
sentence
against
himselfe
,
that
concerning
ministers
sufficiencie
by
the
euent
insuing
,
there
is
no
such
presumption
as
he
dooth
vainelie
iangle
on
.
And
therefore
he
is
more
strictlie
,
than
an
éele
is
with
a
fig
leafe
,
holden
vp
to
his
former
assertions
,
which
doo
plainelie
impugne
almost
all
the
ministers
in
England
,
partlie
for
want
of
weight
,
and
partlie
for
fashion
,
notwithstanding
his
friuolous
elusorie
apologie
,
and
his
absurd
protestation
,
implieng
a
contradiction
in
it selfe
.
48.
Section
.
Pag.
97
,
98
,
99.
IN
this
section
is
handled
that
,
which
might
be
obiected
,
that
is
to
saie
,
whether
the
sacraments
administred
,
and
other
parts
of
execution
of
the
offices
incident
to
that
function
,
shall
be
accompted
rightlie
and
dulie
done
by
such
as
our
author
maketh
no
ministers
at
all
?
To
which
in
effect
he
answereth
,
that
the
actions
and
publike
execution
of
their
functions
by
them
done
hereafter
,
shall
be
of
none
effect
:
but
both
bicause
till
this
time
No
controuersie
hath
beene
mooued
touching
the
validitie
of
their
calling
,
state
,
and
condition
and
also
for
common
vtilitie
,
and
a
generall
errors
sake
,
the
things
done
heretofore
by
them
,
are
rightlie
and
duelie
done
.
But
since
controuersie
now
is
mooued
,
if
the
acts
Doctrine
dangerous
to
the
whole
state
.
done
by
such
ministers
after
this
time
shall
not
be
auaileable
and
of
force
,
what
confusion
and
danger
this
doctrine
might
bring
into
this
common-wealth
about
the
mariages
and
baptizings
of
infinit
numbers
by
such
ministers
;
wherevpon
,
by
the
lawes
of
this
land
the
inheritances
,
dowers
,
and
tenancies
by
courtesie
doo
greatlie
depend
:
I
leaue
to
be
weied
by
déepe
states
men
,
and
wise
counsellors
.
Naie
,
if
it
be
sufficient
for
euerie
libeller
to
bring
such
matters
of
consequence
into
hazard
,
by
waking
vs
(
as
he
pretendeth
)
out
of
a
generall
error
,
whereof
●e
onelie
dreameth
:
whie
may
we
not
as
well
saie
,
that
all
which
haue
béene
married
or
baptized
these
manie
yeares
past
,
shall
be
brought
within
the
like
compasse
of
danger
;
seeing
both
the
traitorous
papist
,
and
the
dangerous
Innouator
hath
troden
the
same
steps
,
and
skirmished
as
hoatlie
as
this
man
dooth
a
long
time
,
against
the
lawfulnesse
of
our
Bishops
,
priests
,
and
ministers
,
and
with
their
calling
into
that
function
?
But
(
thanked
be
God
)
all
their
complots
,
though
they
be
like
to
Samsons
fores
distinguished
by
heads
,
but
linked
together
by
the
tailes
,
and
tend
all
to
a
perillous
trouble
and
combustion
in
this
state
;
yet
there
is
small
weight
in
any
of
their
words
,
and
all
their
forces
are
but
wast
wind
,
and
papershot
.
The
first
reason
he
vseth
for
proofe
,
that
The
administration
of
sacraments
and
execution
of
their
offices
hitherto
,
is
rightlie
doone
by
such
as
he
iudgeth
to
be
no
ministers
;
is
taken
from
the
vncerteintie
of
their
lawfulnesse
,
and
quoted
verie
strangelie
Cod.
de
test
.
li.
1.
which
would
require
a
longer
time
to
seeke
it
out
,
where
it
cannot
be
found
,
than
I
may
affoord
him
.
Yet
I
thinke
he
ment
L.
1.
C.
de
testamentis
,
which
decideth
in
another
cause
something
to
the
like
purpose
;
that
It
is
not
to
be
discussed
,
whether
the
witnesses
were
bond
or
free
,
which
in
opinion
of
all
men
were
holden
as
freemen
at
that
time
,
when
the
testament
was
consigned
,
and
such
as
against
whome
,
none
to
that
daie
had
mooued
any
controuersie
of
their
condition
.
So
that
the
reason
of
the
decision
of
this
law
is
not
the
vncerteintie
of
their
state
,
which
could
not
be
called
vncerteine
,
being
not
so
much
as
doubted
of
;
but
the
generall
error
,
which
is
his
second
reason
in
this
behalfe
.
And
where
●e
saith
(
I
know
not
vpon
what
warrant
)
Contrarietie
.
That
the
thing
which
is
vncerteine
,
is
as
though
it
were
not
at
all
,
he
ouerthroweth
his
owne
purpose
in
this
place
:
for
if
such
ministers
State
before
controuersie
therof
mooued
,
were
vncerteine
,
then
are
they
hereby
euen
at
that
time
,
to
be
reputed
as
no
ministers
at
all
.
In
the
first
place
brought
for
proofe
that
a
generall
error
maketh
lawe
,
and
that
therfore
the
generall
error
conceiued
hitherto
of
such
ministers
lawfulnesse
,
shall
vphold
all
publike
functions
of
the
ministerie
by
them
till
this
time
performed
:
no
direct
mention
of
any
common
error
is
made
,
but
that
the
award
of
a
compromittée
shall
stand
,
which
is
giuen
by
a
bondman
in
truth
,
yet
being
in
possession
of
his
fréedome
.
His
second
place
is
false
quoted
.
Ad
Maced
.
in
stead
of
De
S.
C.
Macedoniano
.
In
his
third
place
,
both
in
his
originall
and
in
his
translation
,
by
following
the
corruption
of
the
old
text
yeelding
no
perfect
sense
,
and
contrarie
to
the
credit
of
the
Florentine
or
Pisane
Pandects
he
taketh
Propter
Mistaking
.
vsum
imperatorum
,
bicause
of
the
vse
of
emperors
,
in
sted
of
Propter
vsum
imperitorum
,
by
reason
it
is
so
vsed
by
rude
and
ignorant
.
His
fourth
place
[
](A19392-e94010-b)*
*
L.
1.
C.
de
lestamentis
.
to
this
purpose
,
which
is
the
place
he
quoted
wrong
afore
:
in
this
section
,
is
here
left
quotelesse
.
Out
of
which
places
,
togither
with
the
lawe
Barbarius
Philip.
he
concludes
,
that
in
those
seuerall
cases
,
so
in
the
matters
doone
by
these
onelie
pretended
ministers
,
the
common
error
shall
make
them
auaileable
,
and
to
be
reputed
Rightlie
and
dulie
doone
:
where
vpon
I
doo
further
aske
;
as
Barbarius
Philip.
though
a
bondūaue
indeed
,
being
dulie
chosen
pretor
in
Rome
,
was
reputed
a
lust
possessor
of
his
office
,
though
he
himselfe
knew
,
that
he
was
of
seruile
condition
,
and
[
](A19392-e94060-b)*
*
L.
quod
attinet
ff.
de
reg.
luris
.
therfore
not
capable
:
Pag.
94
whether
an
vnskilfull
minister
for
mallie
ordeined
,
though
as
our
author
heareth
him
in
hand
,
he
himselfe
full
well
doo
knowe
that
he
was
vnworthie
,
and
therefore
came
in
by
guile
and
deceit
,
may
not
in
like
sort
be
cleared
from
intrusion
;
and
be
adiudged
a
iust
possessioner
by
the
said
common
error
?
And
if
he
may
so
,
why
may
he
not
continue
still
his
said
possession
,
séeing
he
is
no
more
In
mala
fide
,
than
he
was
in
at
the
first
,
by
our
authors
supposall
?
But
he
is
afraid
of
another
doubt
,
least
as
the
said
Barbarius
,
being
once
chosen
pretor
,
though
the
people
who
elected
him
knew
not
so
much
,
and
therfore
could
not
haue
any
such
intention
,
was
by
the
verie
operation
of
law
thereby
infranchised
:
so
our
ministers
,
though
indéed
vncapable
,
yet
by
the
ordination
of
the
Bishop
being
a
publike
person
,
&
trusted
by
the
whole
realme
,
in
this
action
,
should
be
likewise
reputed
in
the
eie
of
the
law
,
thereby
inabled
against
anie
incapacitie
.
This
knot
he
wrestleth
with
,
to
vntie
thus
:
that
as
the
award
of
an
Vmpier
reputed
generallie
a
fréeman
,
shall
therfore
be
in
force
,
though
he
remaine
a
bondman
(
as
afore
)
to
his
former
maister
:
and
as
the
sonne
being
once
commonlie
reputed
otherwise
,
but
afterward
indéed
detected
to
be
vnder
his
fathers
power
and
tuition
,
cannot
become
a
debtor
vnto
me
vpon
borrowing
of
monie
(
which
our
author
contrarie
to
law
extendeth
generallie
to
any
contract
:
)
and
as
bondmen
vpon
common
reputation
Ignorance
in
law
.
for
fréemen
,
hauing
profitablie
béene
vsed
for
witnesses
,
being
knowne
as
they
are
,
may
be
reiected
from
bearing
witnesse
:
euen
so
,
though
Barbarius
were
Childish
babling
.
made
frée
by
the
people
,
yet
the
maister
was
by
lawe
to
haue
the
price
of
his
seruant
at
their
hands
.
Which
being
thus
anatomized
,
we
may
well
perceiue
,
are
so
far
from
all
consecution
,
that
they
haue
not
so
much
as
any
similitude
togither
.
But
what
if
the
people
must
paie
the
price
of
the
seruant
,
may
he
not
be
frée
as
the
law
appointesh
?
And
may
not
(
any
thing
here
notwithstanding
)
the
minister
duelie
ordeined
for
outward
forme
,
reteine
in
like
maner
his
ministerie
,
as
Barbarius
did
his
fréedome
?
But
I
cannot
coniecture
either
why
he
saith
that
Common
error
cannot
take
a
waie
priuate
interest
,
which
no
man
affirmeth
:
or
how
he
can
conclude
,
with
any
colour
vpon
these
vnlikelie
comparisons
,
That
much
lesse
can
common
error
of
a
few
,
barre
the
whole
church
from
a
publike
benefit
due
vnto
them
.
And
I
pray
you
,
if
this
be
the
error
but
Contrarietie
.
Of
a
few
in
authoritie
,
how
can
it
be
common
,
and
thereby
vphold
the
functions
of
the
ministerie
executed
by
no
ministers
?
Pag.
89
Naie
how
can
it
be
the
error
of
the
Bishops
(
whom
he
meaneth
)
when
as
he
chargeth
them
to
be
In
mala
fide
,
and
to
Knowe
at
the
time
of
ordination
that
such
cannot
be
qualified
accordinglie
as
is
required
for
the
ministerie
?
But
to
cut
off
all
at
once
,
and
to
shew
plainelie
,
that
if
such
as
be
no
preachers
,
or
any
other
,
be
indéed
and
truth
no
ministers
at
all
,
as
our
author
hath
laboured
to
prooue
,
then
Common
errour
,
though
in
some
cases
it
be
[
](A19392-e94260-b)a
a
L.
1.
&
ibi
.
DD.
C.
de
testamentis
,
&
l.
2.
C.
de
sentent
.
ex
pericrecitandis
,
&
in
l.
Barbarius
ff.
de
officio
Praetoris
.
holden
for
truth
,
and
doo
[
](A19392-e94280-b)b
b
3.
q.
7.
§.
tri
.
ver.
verum
.
make
law
,
yet
in
this
point
it
shall
not
make
good
those
pretended
functions
of
the
ministerie
,
which
erroniouslie
such
men
haue
executed
and
performed
.
It
is
to
be
vnderstood
,
that
among
manie
exceptions
and
limitations
of
that
rule
,
this
is
one
:
First
if
the
partie
,
vpon
whome
the
common
error
runneth
,
be
not
[
](A19392-e94300-b)c
c
Bart.
in
.
l.
actuariorum
C.
de
nummularijs
.
li.
12.
&
in
.
l.
de
qui.
ff.
de
legibus
&
Bald.
in
l.
2.
C.
de
manumiss
.
vind.
solemnelie
and
dulie
elected
to
his
place
,
then
dooth
it
make
no
lawe
,
nor
make
the
acts
of
force
that
is
doone
by
him
.
But
our
author
himselfe
saith
,
that
all
our
ministers
ought
to
be
elected
by
the
people
,
which
yet
is
not
performed
,
that
in
the
ordinations
of
the
best
men
we
haue
,
some
solemnities
are
dailie
omitted
,
and
that
it
is
so
sure
,
that
solemnities
and
other
matters
of
forme
are
omitted
at
the
ordinations
of
vnlearned
ministers
,
that
it
is
Praesumptio
iuris
&
de
iure
,
that
they
were
not
rightlie
and
formallie
ordeined
.
Also
this
rule
faileth
,
[
](A19392-e94320-b)*
*
L.
2.
C.
de
sentent
.
&
interlo
.
3.
q.
7.
§.
tria
ver.
verum
.
c.
ad
probandum
,
Ext.
de
re
iudicata
.
Abb.
in
c.
sciscitatus
de
resc
.
when
at
the
verie
beginning
,
the
impediment
was
apparent
.
Now
,
if
we
may
beléeue
our
author
,
the
impediments
hindering
these
vnlearned
men
to
be
ministers
,
are
so
euident
,
that
euerie
man
being
present
may
sée
the
Bishops
Proceedings
heerein
to
be
contrarie
to
lawe
,
and
being
absent
may
haue
By
experience
such
certeine
knowledge
of
his
misdemeanors
and
ignorance
,
that
by
the
most
full
and
plaine
proofe
that
may
be
,
not
admitting
any
proofe
to
the
contrarie
,
euen
By
presumption
of
law
,
and
by
law
,
it
may
be
intended
he
was
vncapable
at
the
time
of
his
ordination
.
And
moreouer
he
surmiseth
certeine
impediments
,
whereby
such
a
man
is
hindered
from
being
in
deed
and
truth
a
minister
,
to
be
knowne
both
to
the
Bishop
,
and
to
the
partie
ordeined
.
And
[
](A19392-e94360-b)*
*
Abb.
in
c.
Apostolic
.
Ext.
de
praesb
.
non
ordin
.
gl
.
in
c.
dudum
c.
nihil
,
&c.
quod
sicut
.
Cl.
2.
de
electio
.
againe
,
this
rule
indéed
holdeth
,
and
error
maketh
law
,
in
matters
depending
of
iurisdiction
;
but
not
in
matters
grounded
vpon
orders
,
nor
in
sacrementals
,
in
which
,
rather
truth
,
than
common
opinion
is
weighed
.
And
therefore
it
is
[
](A19392-e94370-b)*
*
Archid.
11.
q.
3.
c.
1.
&
Bald.
in
l.
2.
C.
de
sent.
&
interl
.
omnium
iudicum
.
said
,
Generall
and
common
errour
in
spirituall
matters
dooth
worke
and
enure
to
nothing
.
Where
vpon
it
resteth
still
firme
and
inuiolable
,
that
if
we
haue
so
manie
(
as
he
inforceth
)
onelie
pretended
ministers
in
this
church
of
England
,
not
being
so
in
déed
and
truth
:
then
shall
the
acts
and
functions
of
the
ministerie
executed
by
them
,
be
of
no
other
force
(
notwithstanding
the
common
error
)
than
if
they
had
béene
done
by
méere
laie
men
both
in
déed
and
common
reputation
.
Naie
by
this
mans
platforme
,
the
priests
made
in
time
of
poperie
,
being
not
so
much
as
capable
of
the
ministerie
,
and
the
ministers
ordered
in
the
time
of
king
Edward
,
and
hir
Daiesties
reigne
that
now
is
,
being
no
ministers
indéed
,
bicause
they
were
not
chosen
by
the
people
,
which
the
booke
and
law
requireth
:
it
will
follow
,
that
we
haue
no
ministers
indeed
,
and
by
lawe
in
this
church
of
England
.
Now
it
is
a
péece
of
our
new
church-modell
also
to
[
](A19392-e94400-b)*
*
T.
C.
Replie
.
pag.
518.
affirme
,
that
Not
onelie
the
dignitie
,
but
also
the
being
of
the
sacrament
of
baptisme
dependeth
vpon
this
,
whether
he
be
a
minister
or
no
that
dooth
minister
it
.
To
which
also
the
opinions
of
the
ministers
of
the
reformed
churches
in
France
séeme
to
be
conformable
,
where
they
[
](A19392-e94430-b)*
*
Art.
4.
du
Baptisme
,
en
la
discipline
eccl.
de
France
.
saie
:
Le
baptisme
,
&c:
The
baptisme
administred
by
him
,
which
hath
not
commission
or
anie
vocation
,
is
wholie
void
.
But
the
common
law
of
the
land
maketh
espousals
void
to
the
intent
of
legitimation
or
inheritance
of
the
children
,
where
the
matrimonie
was
not
celebrated
by
a
priest
or
minister
:
and
suffereth
none
to
be
capable
of
any
benefit
of
a
subiect
in
this
land
,
which
is
not
baptized
.
So
The
authors
most
pestilent
assertion
,
and
the
consequence
.
that
we
sée
,
a
more
pestilent
plat
,
than
this
man
hath
laied
against
the
particular
interest
of
euerie
subiect
in
this
church
and
common-weale
,
cannot
be
deuised
by
the
most
seditious
traitor
in
Rome
or
in
Rhemes
,
nor
by
the
most
stirring
and
tumultuous
diuell
in
all
hell
:
if
all
that
were
true
,
which
he
and
his
complices
doo
deliuer
vnto
vs
as
vndoubted
truths
,
here
and
else-where
,
in
their
peremptorie
and
perillous
assertions
.
49.
Section
.
Pag.
99
,
100
,
101.
IN
this
place
our
author
goeth
about
to
confute
those
that
take
vpon
them
to
exempt
Bishops
from
blame
For
placing
vnlearned
men
in
benefices
,
by
reason
of
the
corruption
,
couetousnes
,
and
simoniacall
compacts
of
sundrie
patrones
.
But
what
colour
of
excuse
can
this
yéed
to
Bishops
in
any
mans
imagination
,
whie
they
should
call
insufficient
men
into
the
ministerie
?
For
I
hope
his
malice
is
not
so
great
,
as
to
charge
them
,
that
they
make
insufficient
men
ministers
,
onelie
to
serue
the
turne
of
Couetous
patrones
,
whereby
they
may
make
their
markets
more
gainefull
;
and
vpon
refusall
of
their
cleackes
,
that
they
may
haue
aduantage
in
law
peraduenture
against
the
Bishop
himselfe
that
ordeined
them
.
Yet
to
follow
him
a
little
in
this
matter
of
bestowing
benifices
:
with
what
forehead
can
any
man
but
a
litle
experienced
in
the
world
saie
,
that
the
greedinesse
and
corruptions
of
patrons
is
but
a
Feigned
cause
of
placing
vnlearned
men
in
benefices
,
except
he
will
denie
the
sunne
to
be
vp
at
midday
,
or
such
a
one
,
as
the
god
of
this
world
hauing
blinded
,
dooth
thinke
the
smell
of
gaine
to
be
good
out
of
anie
thing
,
as
Vespasian
did
Ex
lotio
?
And
can
he
faie
this
is
but
Feigned
,
who
talketh
so
much
of
a
presumption
by
law
,
when
as
the
law
it selfe
(
though
there
were
not
too
lamentable
experience
of
it
in
this
common
wealth
)
dooth
tell
vs
,
Bicause
patrones
leaue
so
small
a
portion
in
some
places
c.
extirpand●
Ext.
de
pr●bendis
.
to
the
ministers
,
so
that
they
cannot
competentlie
thereby
be
mainteined
:
here
vpon
it
commeth
,
that
in
such
countries
,
scarse
one
minister
of
a
parish
church
can
be
found
,
which
hath
euen
but
a
little
skill
in
learning
?
But
If
it
were
true
,
he
saith
he
will
neuerthelesse
Let
passe
diuers
answers
,
which
aptlie
might
(
as
he
thinketh
)
be
vsed
in
this
matter
.
One
is
,
bicause
the
Bishops
office
is
More
painefull
than
gainefull
,
and
he
that
tasteth
the
sweet
,
ought
also
to
tast
of
the
sowre
.
Therefore
he
should
refuse
to
admit
any
not
so
qualified
,
as
our
author
meaneth
,
vnto
a
benefice
:
yea
though
he
were
sure
that
after
all
his
trouble
and
expenses
,
such
a
clearke
should
be
placed
by
the
course
of
the
common
law
,
maugre
his
beard
.
So
that
by
this
mans
accompt
,
it
is
better
purposelie
without
cause
or
hope
of
preuailing
for
a
man
to
trouble
himselfe
and
spend
his
monie
,
than
to
be
quiet
:
and
better
to
rise
vp
and
fall
,
than
to
sit
still
.
Naie
,
with
what
credit
can
the
Bishop
reiect
a
man
as
vnable
,
whome
he
is
sure
the
law
of
the
land
will
repute
sufficient
?
Therefore
it
is
maruell
that
our
author
,
vpon
this
colour
,
did
not
here
runne
into
a
common
place
,
against
the
common
law
,
which
is
more
loose
in
allowance
of
clearkes
vnto
benefices
,
than
he
would
beare
vs
in
hand
the
canon
law
is
.
But
Latet
anguis
in
herba
,
There
is
a
pad
in
the
straw
.
The
next
answer
,
that
if
the
Bishop
susteine
any
hurt
by
refusing
to
admit
to
a
benefice
an
insufficient
man
,
the
blame
is
to
be
imputed
vnto
no
man
but
himselfe
,
which
ordeined
him
:
is
the
same
with
that
answer
,
whervpon
he
afterward
relieth
,
though
here
he
saith
;
He
will
let
it
passe
.
Lastlie
,
he
telleth
vs
he
will
also
let
passeth
exhortation
,
which
the
Bishops
canons
doo
prescribe
to
be
vsed
vnto
patrones
to
persuade
them
to
bestow
their
benefices
sincerelie
,
and
vpon
sufficient
men
:
which
indéed
he
might
with
better
discretion
neuer
haue
named
.
For
alas
!
is
the
Bishop
giuing
a
good
and
wholesome
exhortation
to
the
patrone
,
to
be
found
fault
with
,
bicause
the
patrone
hauing
his
hand
on
his
halfepenie
,
will
not
suffer
himselfe
to
be
persuaded
by
him
,
to
doo
as
he
ought
?
But
he
alledgeth
in
defense
and
fauor
of
a
Patrone
presenting
an
vnlearned
man
to
a
benefice
,
that
he
is
not
to
be
blamed
by
the
Bishop
,
but
himselfe
is
to
be
chieslie
burthened
and
blamed
,
who
ordeined
such
a
one
minister
:
and
the
rather
bicause
The
benefice
is
due
by
reason
of
the
office
.
Yet
the
Bishops
blame
and
reprehension
cleareth
not
the
patrones
couetousnesse
,
his
want
of
zeale
,
to
haue
the
people
as
well
taught
as
he
might
,
his
theft
,
his
sacrilege
,
his
simonie
,
his
abbetting
and
procuring
of
another
man
to
be
periured
for
his
owne
lucre
.
For
there
is
none
of
them
so
simple
,
but
they
well
know
,
that
these
are
thus
by
law
condemned
.
And
what
by
themselues
,
and
what
by
others
(
at
least
when
the
Bishop
vpon
examination
dooth
find
it
so
)
they
might
take
knowledge
that
a
more
learned
and
sufficient
man
might
be
easilie
procured
,
who
would
accept
it
thankfullie
:
which
bicause
the
patrone
cannot
breake
his
fast
with
,
he
therefore
will
not
be
remooued
from
him
that
hath
most
slender
gifts
of
mind
,
bicause
such
a
man
hauing
little
else
to
commend
him
,
will
be
content
to
depart
with
the
greatest
gifts
to
the
patrons
pursse
and
kitchin
.
And
yet
may
it
not
fall
out
,
that
the
Bishop
vpon
good
consideration
may
refuse
to
admit
him
to
a
benefice
,
whome
he
hath
afore
receiued
into
the
ministerie
?
For
perhaps
he
may
be
fit
for
some
small
charge
and
liuing
(
which
a
man
of
greater
gifts
will
not
accept
of
though
he
be
not
fit
for
a
more
populous
parish
,
being
a
sufficient
maintenance
for
a
more
excellent
man
.
Or
else
it
may
be
he
hath
not
from
the
time
of
his
ordering
bene
so
painefull
in
his
vocation
,
or
so
warie
in
his
conuersation
as
were
requisite
,
whereby
he
might
deserue
a
better
place
.
So
that
this
is
not
so
generallie
to
be
verified
as
he
here
doth
,
that
Whom
a
Bishop
hath
reputed
meet
vnto
orders
,
him
he
ought
also
to
thinke
meet
vnto
anie
benefice
.
For
what
if
a
Bishop
of
another
diocesse
did
ordeine
him
for
some
meaner
place
of
charge
,
which
else
might
haue
bene
wholie
destitute
of
administration
of
anie
sacraments
:
or
else
his
predecessor
in
that
place
?
●ay
not
he
neuerthelesse
vpon
[
](A19392-e94700-b)a
a
Glo.
c.
cum
secundum
Apostolum
.
ver.
liceat
.
Ext.
de
preb.
&
dign.
examination
finding
his
weakenesse
,
for
the
place
which
he
is
presented
vnto
,
with
good
reason
and
by
law
reiect
him
?
Yes
verelie
.
And
what
[
](A19392-e94710-b)b
b
Gl.
d.
&c.
1.
aetat
.
&
qualitate
.
&
gl
.
in
c.
accepimus
ver.
examinari
.
d.
if
some
new
matter
haue
fallen
out
since
his
ordering
,
worthie
to
be
looked
into
?
Trulie
the
like
iudgement
is
to
be
giuen
as
before
.
Likewise
a
minister
may
be
newlie
examined
,
and
vpon
cause
sufficient
also
reiected
,
from
obteining
a
benefice
,
euen
by
him
that
did
ordeine
him
,
if
he
were
[
](A19392-e94720-b)c
c
Gl.
d.
per
c.
ad
haec
,
Ext.
de
offic.
Archid
.
examined
but
by
his
archdeacon
afore
,
to
the
which
[
](A19392-e94730-b)d
d
Gl.
d.
per
c.
nihil
est
,
&c.
venerabilem
.
Ext.
de
election
.
examination
the
Bishop
is
also
bound
.
Againe
,
[
](A19392-e94740-b)e
e
Gl.
in
c.
accepimus
,
ver.
reputare
Ext.
de
aetat
.
&
qualit
.
they
that
haue
tolerated
in
an
inferior
office
a
man
criminous
,
may
neuerthelesse
take
exceptions
against
him
,
when
he
is
to
be
higher
preferred
.
And
laftlie
it
is
no
strange
matter
to
affirme
,
[
](A19392-e94750-b)f
f
L.
relegatorum
§.
vlt.
ff.
de
interd
.
&
relegatis
.
c.
nos
consuetndinem
dist.
12.
c.
scrip●um
est
.
Ext.
de
elect
.
that
a
man
may
lawfullie
reteine
a
place
of
lesse
estimation
,
which
yet
ought
not
to
be
preferred
to
a
higher
.
By
all
which
may
appeare
,
by
how
manie
meanes
the
Bishop
by
law
may
be
exempted
from
iust
reprehension
,
though
a
clearke
being
made
a
minister
by
some
Bishop
,
and
peraduenture
by
himselfe
,
be
reiected
from
obteining
some
benefice
.
And
hereby
also
the
finall
reléefe
appeareth
,
which
couetous
patrones
are
like
to
catch
by
this
his
cold
apologie
for
them
.
Yet
we
may
to
good
purpose
obserue
our
authors
endeuour
,
who
when
ignorant
ministers
are
once
ordeined
(
whom
he
thinketh
no
ministers
at
all
)
yet
in
fauour
of
simonie
,
for
gratification
of
corrupt
patrones
,
and
to
loade
Bishops
with
all
the
blame
,
can
be
content
to
plead
thus
for
their
placing
in
Benefices
,
whome
a
little
afore
he
would
not
haue
intituled
to
the
Office
of
the
ministerie
,
in
which
onelie
respect
(
here
he
saith
)
The
benefice
is
due
.
50.
Section
.
Pag.
101
,
102
,
103.
BUt
he
telleth
vs
in
verie
pittifull
sort
,
as
sorrowing
that
they
should
be
so
misiudged
,
that
These
couetous
patrones
are
great
beames
in
the
eies
of
Bishops
,
pluralitie
men
,
and
non
residents
,
for
feare
that
by
simoniacall
compounding
with
poore
simple
men
,
the
fat
should
be
wiped
from
their
beards
,
which
otherwise
they
would
haue
expected
for
themselues
.
And
if
they
be
indéed
so
great
beames
in
Bishops
eies
,
which
yet
they
wish
to
be
cast
out
as
principall
meanes
for
the
fostering
of
an
ignorant
ministerie
,
euen
in
those
liuings
which
being
entirelie
emploied
,
were
sufficient
to
mainteine
men
of
good
and
commendable
gifts
:
then
are
not
Bishops
so
great
mainteiners
and
cherishers
of
ignorance
in
ministers
,
as
he
would
in
this
treatise
so
often
insinuate
.
But
whie
they
should
maligne
couetous
patrones
,
for
feare
any
liuing
by
simoniacall
compacts
shuld
be
drawne
from
them
,
I
cannot
for
my
part
coniecture
;
séeing
they
are
not
capable
by
ordinarie
course
of
lawe
,
of
any
such
inferiour
liuings
.
And
(
I
pray
you
)
dooth
the
corruption
of
couetous
patrones
reach
no
further
to
the
damage
or
hinderance
of
any
,
but
onelie
of
pluralists
,
and
non
residents
?
But
he
taketh
that
as
granted
,
and
will
prooue
by
the
answer
of
a
couetous
patrone
to
This
pluralitie
man
and
non
resident
,
as
it
séemeth
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
That
the
people
haue
no
greater
hindrance
by
an
vnlearned
man
not
preaching
,
and
hiring
out
his
benefice
vnder
foote
vnto
his
patrone
,
than
by
a
learned
man
not
resident
,
and
not
preaching
,
hiring
it
out
to
his
curate
after
a
rounder
rate
.
The
patrones
demand
to
the
learned
pluralist
is
to
this
effect
:
Whether
it
is
not
as
lawfull
for
him
to
bestowe
a
benefice
of
his
patronage
,
vpon
one
not
able
to
preach
,
reteining
by
couenants
all
sauing
a
little
,
and
procuring
quarter
sermons
to
be
preached
for
him
:
as
to
bestowe
it
freelie
vpon
a
great
learned
man
,
that
either
will
not
,
or
dooth
not
preach
,
but
hireth
one
as
ignorant
as
the
patrones
clearke
to
serue
it
?
Trulie
,
if
he
that
can
,
either
doo
not
preach
at
all
,
or
not
so
diligentlie
as
were
conuenient
,
though
the
difference
be
a
great
deale
lesse
than
all
good
and
carefull
men
could
wish
:
yet
is
there
other
so
great
differences
,
that
he
néeded
not
to
haue
béene
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
to
haue
béene
stroken
so
dumbe
,
as
our
author
(
like
a
merrie
man
)
dooth
fansie
.
First
the
one
hath
positiue
law
of
the
land
to
warrant
it
,
the
other
hath
none
.
In
the
one
,
the
patrone
dischargeth
the
part
of
an
honest
man
,
and
according
to
the
trust
reposed
,
and
the
person
that
might
performe
dutie
and
will
not
,
is
onelie
to
be
blamed
:
but
in
the
other
,
the
patrone
for
his
owne
filthie
lucre
is
content
,
both
that
the
people
doo
remaine
during
the
persons
life
without
all
hope
of
féeding
,
&
that
the
person
by
wilfull
periurie
which
he
procureth
and
abetteth
,
doo
become
[
](A19392-e94890-b)*
*
〈◊〉
.
q.
1.
c.
si
quis
&
quinque
ca.
seq.
not
onelie
irregular
euer
after
,
but
also
to
hazard
without
Gods
woonderfull
mercie
,
[
](A19392-e94900-b)*
*
c.
presbyter
●i
.
1.
q.
1.
eternall
damnation
.
Againe
in
the
one
the
Person
onelie
bereaueth
the
people
of
their
spirituall
comfort
:
in
the
other
,
they
are
not
onelie
bereaued
of
this
,
but
the
patrone
robbeth
both
them
and
the
person
of
their
goods
,
wherevnto
neither
by
Gods
law
,
Ciuill
,
Canon
nor
Common
,
he
hath
or
can
haue
any
interest
;
and
in
the
meane
time
the
person
is
his
abbettor
in
this
robberie
.
Lastlie
,
in
the
one
there
may
be
hope
,
that
he
may
doo
good
hereafter
,
(
séeing
he
is
able
)
either
by
constraint
,
or
for
conscience
:
and
yet
in
the
meane
time
he
is
considered
with
that
as
with
an
exhibition
for
his
paines
and
trauell
,
before
susteined
in
studie
:
but
in
the
other
,
as
there
is
no
cause
to
recompense
his
former
trauels
;
so
is
there
small
hope
of
his
atteining
to
that
sufficiencie
,
which
is
supposed
to
be
in
the
former
.
But
in
case
he
should
atteine
to
such
abilitie
,
and
accordinglie
put
the
same
in
vre
:
then
should
he
haue
a
double
iniurie
:
both
to
haue
made
shipwracke
of
his
conscience
,
and
after
to
be
depriued
by
the
patrone
of
the
deserued
fruit
of
his
labours
.
But
our
author
cleane
contrarie
,
as
not
so
greatlie
misliking
couetous
patrones
,
and
such
of
them
as
are
come
to
that
impudencie
,
as
to
make
vnto
their
wiues
assurances
of
a
certeine
annuitie
after
their
deaths
,
to
be
leauied
out
of
a
presentatiue
benefice
,
least
perhaps
he
should
pull
some
of
his
owne
dearlings
by
the
nose
;
auoucheth
the
corrupt
dealing
betwixt
the
gréedie
coruorant
patrone
,
and
the
néedie
simple
snake
,
To
be
lesse
hurtfull
to
the
common-weale
,
and
lesse
sinfull
to
the
Lord
,
than
the
other
.
Wherein
he
dealeth
like
himselfe
,
thus
to
extenuate
the
most
present
poison
,
and
most
dangerous
canker
,
that
sretteth
awaie
the
number
of
students
of
diuinitie
from
the
church
in
these
daies
,
of
any
other
pestilent
practise
whatsoeuer
:
and
thereby
to
so
we
cusshions
vnder
their
elbowes
,
and
to
lull
asléepe
in
the
bed
of
securitie
,
those
his
clients
;
who
vnder
an
hypocriticall
pretense
,
of
disburdening
themselues
of
the
cares
and
troubles
in
gathering
vp
their
duties
,
are
as
readie
(
rather
than
faile
of
liuing
)
corruptlie
to
share
with
their
patrones
,
as
their
patrones
are
precise
and
exact
in
omitting
nothing
that
may
fill
their
pouches
,
though
it
be
with
the
spoile
of
the
church
,
and
the
steine
of
their
ministers
conscience
.
Lesse
hurtfull
(
he
saith
)
it
is
to
the
common-weale
,
bicause
of
the
patrones
hospitalitie
,
and
releefe
of
the
poore
of
the
parish
by
this
meanes
.
And
is
indéed
the
patrones
liberalitie
so
strait
laced
vp
,
that
his
house
shall
hold
of
our
ladie
,
and
that
he
will
giue
nothing
for
Gods
sake
,
except
he
may
haue
the
personage
barne
to
make
the
dog
in
his
mill
to
barke
,
and
the
tieth
wood
of
the
parish
to
make
The
poore
a
fire
once
a
yeare
in
his
hall
?
Trulie
this
is
nothing
else
but
to
bring
the
price
of
a
dog
into
the
Lords
sanctuarie
.
But
what
if
the
patrone
dwell
farre
off
?
Or
the
parish
where
he
dwelleth
be
almost
dispeopled
?
Or
what
if
it
may
be
trulie
answered
,
that
the
most
Non
residents
kitchins
be
oftentimes
in
the
yere
not
cold
as
his
dogs
nose
is
,
but
as
hoat
as
his
owne
;
shall
not
his
dog-bolt
reason
,
taken
from
a
dogs
snowt
,
be
laid
asleepe
,
till
some
bodie
helpe
it
vp
?
As
for
his
other
inuectiue
,
for
carrieng
the
reuenues
arising
in
one
place
vnto
another
,
I
hope
he
will
no
more
vrge
it
in
them
,
as
hurtfull
to
the
common-weale
,
than
he
may
doo
in
temporall
mens
liuings
,
or
in
the
liuings
and
exhibitions
of
some
ecclesiasticall
men
his
fauorites
.
And
whie
not
(
I
praie
you
)
without
damage
to
the
common-weale
,
out
of
Ireland
to
Cambridge
,
as
well
as
from
London
to
Germanie
?
Out
of
Wales
into
Oxenford
,
as
out
of
Wales
into
Warwikeshire
?
From
beyond
Lincolne
to
Salisburie
,
as
from
besides
London
to
Gernsey
?
And
from
besides
Leycester
to
Carlil
in
Cumberland
,
as
from
Kent
or
Northfolke
into
Northamptonshire
?
Lesse
sinfull
(
he
saith
also
)
it
is
to
the
Lord
,
bicause
the
patrone
enioieth
his
right
by
couenants
&
good-will
of
the
in
cumbent
,
and
oftentimes
with
the
consent
of
the
people
,
whose
clearke
they
willinglie
receiue
to
be
placed
among
them
.
But
admit
these
reasons
were
true
,
yet
hereof
it
dooth
not
follow
,
that
It
is
lesse
sinfull
than
non
residence
is
:
for
the
non
resident
taketh
no
oth
by
the
Ordinarie
for
his
residence
,
as
he
falslie
(
yet
boldlie
)
auoucheth
;
but
all
that
be
instituted
,
either
take
,
or
ought
to
take
the
oth
,
for
not
committing
simonie
,
by
themselues
,
or
others
by
their
priuitie
,
either
directlie
or
indirectlie
.
As
for
the
promise
of
residence
to
the
patrone
,
it
is
a
thing
in
fact
,
and
presumed
not
lightlie
onelie
,
but
also
vainclie
by
the
author
,
being
more
probable
that
the
patrone
,
if
he
were
so
desirous
of
the
persons
continuall
companie
,
would
bind
him
sure
inough
from
starting
;
yet
if
it
were
made
and
broken
,
the
foulnesse
of
this
sinne
will
not
counteruaile
hainousnesse
either
of
periurie
in
the
person
,
or
of
theft
and
pilfring
by
the
patrone
.
For
how
can
he
before
God
be
exempted
from
the
guilt
of
theft
,
which
enioieth
ecclesiasticall
liuing
without
warrant
,
either
of
Gods
law
or
mans
law
?
That
which
he
saith
of
non
residence
simplie
to
be
both
against
the
law
of
man
and
ordinance
of
God
,
remaineth
more
aptlie
to
be
discussed
in
another
place
.
But
as
touching
the
consent
of
the
people
,
who
no
doubt
giue
a
verie
free
consent
to
allow
well
of
him
,
whom
their
patrone
liketh
for
his
gaines
sake
,
and
whome
they
dare
not
mislike
for
feare
of
the
patrones
displeasure
:
as
it
is
neither
required
by
Gods
nor
mans
law
,
so
dooth
it
make
nothing
at
all
to
the
qualifieng
or
rebating
of
the
edge
of
Gods
wrath
,
against
this
detestable
sinne
of
Simonie
,
and
church-robbing
.
His
other
excuse
or
eleuating
of
the
sinne
of
simonie
by
the
good-will
of
the
person
,
may
be
[
](A19392-e95250-b)*
*
Aristot.
3.
Ethic.
compared
to
the
good
will
of
him
,
that
to
vnlade
the
ship
in
a
tempest
departeth
(
in
a
sort
willinglie
)
with
his
pretious
treasure
,
which
with
his
owne
hands
he
casteth
ouer
ship-bord
,
to
saue
his
owne
life
.
But
the
patrone
(
he
saith
)
enioieth
a
Right
in
the
church-liuing
by
couenants
.
Right
he
can
not
haue
to
that
,
which
both
Gods
law
and
mans
law
dooth
detest
;
and
the
couenants
are
vnhonest
,
being
by
law
condemned
,
and
therefore
by
no
law
doo
bind
either
of
the
parties
,
but
are
méerelie
void
.
51.
Section
.
Pag.
103
,
104
,
105.
HEre
he
resumeth
againe
the
obiection
made
in
fauour
of
the
Bishops
:
who
are
supposed
to
admit
insufficient
men
sometimes
to
benefices
,
least
by
a
writ
of
Quare
non
admisit
brought
at
the
common
law
,
the
clearke
reiected
,
to
the
great
vexation
and
charge
of
the
Bishop
,
should
notwithstanding
be
admitted
to
the
benefice
.
And
saith
,
It
is
an
obiection
not
to
be
obiected
.
Truth
it
is
,
that
this
obiection
is
not
worth
the
obiecting
,
and
therefore
he
that
tooke
vpon
him
in
behalfe
of
others
,
thus
to
frame
it
,
if
his
skill
had
béene
any
greater
in
the
common
lawes
,
than
it
is
in
the
ciuill
;
he
would
sure
haue
framed
it
better
,
and
with
some
more
likelihood
of
probabilitie
.
For
the
[
](A19392-e95330-b)*
*
Br.
de
quare
non
admisit
.
Natura
breuium
vetus
&
noua
.
writ
of
Quare
non
admisit
dooth
not
lie
vpon
the
reiection
of
a
clearke
by
the
Ordinarie
for
insufficiencie
onelie
,
but
where
the
Ordinarie
refuseth
to
admit
his
clearke
,
he
hauing
by
action
at
the
common
law
recouered
the
aduowson
of
the
church
,
against
some
that
likewise
pretended
right
vnto
it
.
And
by
the
[
](A19392-e95350-b)*
*
Natur.
breuium
ibid●m
.
&
noua
natura
breuium
.
fol.
47.
g.
writ
of
Quare
non
admisit
brought
,
if
the
plaintife
preuaile
against
the
Bishop
,
he
shall
not
thereby
recouer
his
presentment
against
him
,
but
damages
for
not
admitting
.
And
[
](A19392-e95370-b)*
*
Ibidem
,
liger
.
f.
therefore
it
is
to
be
brought
in
that
countie
onelie
where
the
refusall
was
made
,
and
not
in
the
countie
where
the
church
standeth
,
as
in
Quare
impedit
is
required
,
where
the
presentment
is
also
recouered
.
Yet
this
(
if
I
doo
not
mistake
it
)
may
contrarie
to
our
authors
intention
be
hereof
gathered
:
that
the
Bishop
which
shall
refuse
to
admit
such
a
patrones
clearke
(
for
insufficiencie
peraduenture
)
as
hath
recouered
against
another
man
the
aduowson
and
right
of
patronage
of
a
church
,
may
vpon
this
writ
of
Quare
non
admisit
,
be
cast
in
irrecouerable
damages
,
though
the
clearke
doo
not
thereby
procure
his
institution
.
So
that
we
sée
the
Bishop
which
shall
reiect
an
insufficient
clearke
,
besides
the
charges
and
trouble
he
may
be
put
vnto
,
vpon
a
Quare
impedit
yer
it
come
to
triall
before
the
Archbishop
,
is
not
otherwise
cleare
from
all
danger
in
this
behalfe
:
though
both
by
ciuill
,
canon
,
and
common
law
(
as
he
saith
)
the
examination
and
iudgement
of
a
clearkes
sufficiencie
,
doo
apperteine
to
the
cleargie
.
Yet
the
first
place
,
which
for
proofe
hereof
he
bringeth
out
of
the
Autentikes
Col.
9.
hath
no
such
matter
,
but
onelie
sheweth
in
some
part
,
what
kind
of
men
such
must
be
,
as
are
to
be
assumed
for
clearkes
.
Likewise
the
last
place
out
of
the
common
law
alledged
,
speaketh
of
a
clearke
reiected
,
not
as
insufficient
,
but
as
criminous
,
not
mentioning
at
Impertinent
allegations
.
all
to
whome
the
examination
and
inquirie
of
his
sufficiencie
dooth
apperteine
:
but
saith
onelie
,
that
a
spirituall
man
may
know
his
owne
clearke
.
But
as
not
being
sure
of
his
grounds
out
of
the
common
law
,
which
he
standeth
vpon
;
and
yet
minding
to
be
sure
to
deriue
and
conuey
all
the
hatred
and
enuie
of
planting
insufficient
ministers
vpon
the
Bishops
,
he
teacheth
the
Bishop
to
depose
such
a
clearke
for
vnabilitie
,
whome
the
common
law
hath
thrust
into
a
benefice
,
against
his
will
.
But
dooth
he
thinke
the
reach
of
reason
of
so
manie
notable
men
in
the
common
lawes
to
be
so
short
,
as
that
they
will
be
to
seeke
to
find
an
Oliuer
for
this
Rowland
?
Or
whome
they
haue
by
a
iudgement
at
their
law
found
to
be
sufficient
,
shall
they
not
be
able
to
mainteine
him
in
his
liuing
once
gotten
,
being
called
againe
into
question
,
but
vpon
the
same
cause
onelie
?
But
how
can
this
deuise
stand
,
if
our
authors
reason
Inconstancie
.
Pag.
101.
afore
brought
were
good
and
generall
,
that
Whom
the
Bishop
hath
reputed
meete
vnto
orders
,
them
he
ought
to
repute
also
fit
for
a
benefice
?
Or
with
that
other
paradoxe
,
of
his
,
which
giueth
To
all
the
people
an
interest
in
the
election
of
their
minister
?
Shall
not
they
haue
also
,
according
to
the
rule
of
law
,
an
interest
in
his
reiection
and
deposing
?
And
what
if
his
insufficiencie
be
not
so
great
,
as
that
the
law
will
allow
his
deposition
in
that
respect
onelie
,
according
to
that
which
to
this
purpose
hath
bene
alreadie
spoken
,
although
the
Bishop
might
haue
good
reason
to
induce
him
to
thinke
him
vnfit
for
the
benefice
,
which
he
was
presented
vnto
:
shall
he
neuerthelesse
,
otherwise
than
law
will
warrant
,
procéed
to
his
deposing
?
Naie
,
if
this
were
tollerable
,
the
Bishop
might
with
better
pretense
and
lesse
danger
or
trouble
,
vpon
finding
him
vnfit
,
giue
presentlie
Definitiue
sentence
against
him
,
that
he
is
no
minister
at
all
,
as
our
author
hath
learnedlie
taught
him
,
and
then
would
the
matter
be
spéedily
dispatched
.
But
yet
further
,
what
if
the
partie
appeale
and
prosecute
euen
till
it
come
to
hir
Naiestie
,
and
make
the
Bishop
the
partie
appealed
in
euerie
instance
,
as
hauing
done
him
the
iniurie
?
Nust
not
the
Bishop
be
forced
either
to
sit
downe
and
yéeld
,
or
else
to
his
intollerable
charges
to
prosecute
,
and
perhaps
in
the
end
be
ouer
throwen
,
and
so
paie
charges
also
which
the
appellant
hath
defraied
?
Iruelie
,
if
euerie
Bishop
should
follow
this
plat
,
and
should
séeke
to
depose
from
the
ministerie
,
whom
our
author
iudgeth
no
minister
for
insufficiencie
,
he
had
néed
to
be
either
indued
with
a
Dictators
power
without
all
appeale
;
or
else
to
haue
as
much
liuing
as
halfe
the
Bishops
in
England
,
onelie
to
be
expended
in
following
these
sutes
in
his
owne
onelie
Diocesse
.
¶
Confess
.
Ecclesi
.
Helueti
.
We
condemne
all
vnmeet
ministers
not
indued
with
gifts
necessarie
for
a
shepherd
that
should
feed
his
flocke
.
Howbeit
,
we
acknowledge
that
the
harmelesse
sim
plicitie
of
some
shepherds
in
the
old
church
,
did
sometimes
more
profit
the
church
,
than
the
great
,
exquisite
,
and
fine
(
but
something
too
hawtie
)
knowledge
of
some
others
.
Wherfore
we
doo
not
reiect
now
adaies
the
good
simplicitie
of
certeine
,
so
that
they
be
not
altogither
vnskil
full
of
God
and
of
his
word
.
¶
A
necessarie
Appendix
concerning
certeine
points
of
externall
policie
and
gouernement
in
the
church
,
occasioned
vpon
the
authors
speeches
.
OUr
author
hath
told
vs
in
his
booke
,
[
](A19392-e95600-b)a
a
Pag.
19.
that
Our
cheefe
prelats
haue
not
yet
abandoned
the
policie
of
the
traitorous
law-maker
,
that
it
is
perillous
for
the
gouernement
of
the
state
of
the
Lords
houshold
,
and
not
meet
for
the
Lords
seruants
to
be
guided
by
,
that
they
vse
wilfull
disloyaltie
to
the
Lord
,
that
the
procurations
,
dispensations
,
ceremonies
,
non
residence
,
excommunications
,
visitations
,
paiments
of
oblations
,
courts
offaculties
and
licences
are
mainteined
onelie
by
the
popes
lawes
,
and
are
all
popish
:
[
](A19392-e95660-b)b
b
Pag.
19
,
20.
that
the
applieng
of
that
to
good
vses
,
which
hath
beene
abused
,
dooth
accuse
the
sonne
of
the
most
highest
,
that
he
hath
not
dealt
faithfullie
in
his
fathers
houshold
(
by
)
giuing
them
as
perfect
a
law
for
the
gouernement
of
his
houshold
,
by
discipline
,
as
by
doctrine
:
[
](A19392-e95690-b)c
c
Pag.
20.
that
for
their
fellowe-seruants
sakes
,
they
ought
to
be
more
fauourable
to
their
Lord
and
maisters
cause
:
[
](A19392-e95720-b)d
d
Pag.
30.
that
they
doo
execrablie
mocke
and
delude
the
Lord
to
his
face
:
[
](A19392-e95750-b)e
e
Pag.
35.
that
a
Bishop
and
minister
ought
so
to
minister
the
discipline
of
Christ
,
as
the
Lord
hath
commaunded
,
though
the
lawes
of
the
realme
should
not
haue
receiued
the
same
:
[
](A19392-e95780-b)f
f
Pag.
36.
that
no
discipline
in
truth
can
be
said
to
be
the
discipline
of
Christ
,
vnlesse
it
be
indeed
ministred
,
as
the
Lord
Christ
hath
commanded
the
same
should
be
ministred
:
that
[
](A19392-e95810-b)g
g
Pag.
36.
it
is
vtterlie
vntrue
to
say
,
that
our
discipline
vsed
in
the
church
of
England
,
is
in
verie
deed
the
verie
same
discipline
,
which
the
Lord
Christ
hath
commanded
:
[
](A19392-e95830-b)h
h
Pag.
37.
that
the
saints
of
God
,
and
loyall
subiects
to
hir
Maiestie
,
calling
for
discipline
commanded
by
the
Lord
,
and
in
truth
established
by
the
lawes
of
hir
Highnesse
empire
,
haue
open
wrong
and
intolerable
iniurie
offered
at
the
cheefe
prelats
hands
:
[
](A19392-e95850-b)i
i
Pag.
20.
that
the
law
dooth
indeed
for
them
authorise
that
,
which
the
same
law
in
appearance
onelie
approoueth
for
the
other
:
[
](A19392-e95870-b)k
k
Pag.
53.
that
the
chéefe
prelats
are
not
so
faithfull
to
the
Lord
as
were
expedient
for
them
,
that
they
accompt
not
the
Lords
waies
to
be
the
best
waies
,
his
counsels
not
to
be
the
wisest
counsels
to
interpret
the
meaning
of
the
statute
;
bicause
they
are
such
waies
,
as
wherein
the
Lords
seruants
applie
themselues
preciselie
to
walke
,
and
therefore
ignominiouslie
are
termed
Praecisians
:
[
](A19392-e95890-b)l
l
Pag.
62.
that
the
statutes
of
the
realme
giue
to
all
the
faithfull
of
the
land
an
interest
in
choise
and
allowance
of
their
pastors
:
[
](A19392-e95910-b)m
m
Pag.
74.
that
at
the
entrie
of
hir
Maiesties
reigne
,
the
whole
maner
of
the
gouernement
of
the
synagog
should
haue
beene
altered
:
[
](A19392-e95930-b)n
n
Pag.
74.
that
at
that
time
their
lawes
were
vnaduisedlie
translated
from
them
vnto
vs
:
[
](A19392-e95950-b)o
o
Pag.
91.
that
they
which
be
called
[
Puritanes
]
make
conscience
not
to
offend
God
in
any
small
thing
:
[
](A19392-e95970-b)p
p
Pag.
91.
that
for
their
conscience
sake
they
are
thought
worthie
to
be
whipped
and
excommunicated
:
[
](A19392-e95990-b)q
q
Pag.
263.
that
it
is
a
matter
worthie
inquirie
,
whether
the
pastor
of
euerie
congregation
be
suffered
to
execute
the
discipline
of
Christ
authorised
by
Act
of
parlement
:
[
](A19392-e96010-b)r
r
Pag.
264.
that
those
who
haue
spoken
touching
matters
onelie
of
discipline
and
ceremonies
,
wherevpon
before
Bishops
they
are
sifted
with
othes
,
haue
spoken
or
preached
out
of
the
word
of
GOD
,
the
truth
of
God
touching
the
same
:
[
](A19392-e96030-b)s
s
Pag.
227.
that
the
freends
of
reformation
are
greater
freends
and
mainteiners
of
hir
Highnesse
prerogatiue
,
than
the
other
be
:
[
](A19392-e96050-b)t
t
Pag.
231.
that
the
enimies
of
reformation
,
are
enimies
to
hir
Maiesties
prerogatiue
:
[
](A19392-e96070-b)u
u
Pag.
228.
that
they
onelie
execute
such
iurisdiction
as
by
popish
constitutions
,
or
popish
customes
hath
beene
heeretofore
annexed
vnto
their
dignities
,
and
that
by
an
vtter
enimie
to
hir
royall
person
,
state
,
and
gouernement
:
[
](A19392-e96090-b)k
k
Pag.
238.
that
the
popish
ecclesiasticall
law
ought
to
be
abandoned
,
and
as
a
froth
or
filth
to
be
spewed
out
of
the
common-weale
:
[
](A19392-e96110-b)*
*
Pag.
238.
that
hir
Maiestie
can
by
no
meanes
more
honour
the
Lord
,
than
vtterlie
to
abandon
all
semblance
of
any
gouernment
,
proceeding
from
an
enimie
and
traitor
to
his
Maiestie
:
[
](A19392-e96130-b)z
z
Pag.
239.
that
for
the
gouernement
of
the
church
we
haue
the
perfect
and
altogither
righteous
law
of
God
,
to
rule
the
same
by
.
Also
[
](A19392-e96150-b)*
*
Pag.
95.
by
waie
of
supposall
,
he
séemeth
to
doubt
,
that
the
Lord
hath
not
yet
gratiouslie
opened
hir
Maiesties
eies
,
to
vnderstand
all
and
singular
mysteries
of
his
testament
,
that
blemishes
and
blots
remaine
,
that
aduersaries
to
the
people
of
God
doo
hire
councellours
to
trouble
their
building
and
deuise
;
all
the
daies
of
Cyrus
,
that
the
walles
are
to
be
reedified
by
some
Eliashib
,
that
the
church
must
yet
tarrie
some
leisure
,
and
that
it
may
be
some
other
glorious
worke
is
to
be
doone
in
our
daies
by
hir
Highnesse
:
with
infinite
such
like
saiengs
,
procéeding
from
the
said
puddle
of
pride
,
faction
,
rancor
,
and
disloialtie
.
Wherevpon
we
may
gather
,
besides
his
vnthankefulnesse
to
God
,
and
vndutifulnesse
to
hir
Maiestie
,
by
whose
ministerie
God
hath
singularlie
blessed
vs
,
besides
his
boiling
malice
against
the
state
ecclesiasticall
,
his
factious
gréedinesse
of
innouation
,
and
his
schismaticall
titles
of
glorie
,
laid
with
a
kind
of
peculiar
prerogatiue
,
vpon
those
who
impugne
lawes
vnder
colour
of
their
wished
reformation
:
that
he
is
persuaded
,
and
so
would
haue
others
to
be
,
both
that
diuerse
points
of
their
new
church-plot
,
are
by
lawes
of
this
land
established
,
which
yet
are
kept
from
them
by
strong
hand
:
and
also
that
there
is
some
perfect
,
exact
,
and
set
order
,
of
all
externall
policie
,
concerning
ceremonies
and
discipline
in
all
church
matters
prescribed
by
the
commandement
of
Christ
,
which
is
not
yet
by
law
established
,
as
it
ought
to
be
,
and
from
which
in
the
meane
time
this
church
of
England
wholie
dooth
varie
.
That
he
thinketh
they
are
debarred
of
some
thing
,
which
they
wish
and
ought
by
law
to
enioy
,
it
may
appeare
partlie
by
some
of
his
spéeches
aboue
mentioned
,
but
more
plainelie
[
](A19392-e96220-b)*
*
Pag.
92.
where
he
calleth
for
certeine
Orders
and
lawes
to
be
put
in
practise
,
which
the
magistrats
haue
made
,
that
such
as
speake
for
them
,
preach
for
them
,
call
for
them
,
and
write
for
them
,
may
be
no
more
controlled
,
&c:
and
that
they
may
either
be
mainteined
as
lawes
,
or
else
he
and
others
be
deliuered
from
their
duties
,
in
desiring
their
execution
and
obeieng
them
,
which
they
could
hitherto
neuer
be
brought
to
obeie
,
or
like
of
.
And
[
](A19392-e96270-b)*
*
Pag.
105.
likewise
,
where
in
the
verie
end
of
his
first
treatise
he
praiseth
certeine
Lawes
as
wholsomelie
prouided
against
wilfull
law-breakers
.
Which
lawes
by
him
ment
,
if
they
be
declared
in
particular
,
I
hope
they
haue
bene
sufficientlie
spoken
vnto
alreadie
.
But
if
any
of
them
(
which
he
so
commendeth
)
be
parts
of
the
Canon
law
:
then
he
is
to
be
praised
for
a
man
of
a
good
nature
,
which
after
his
furie
being
ouerpast
(
which
belike
hath
Dilueida
interualla
)
will
be
so
soone
reconciled
againe
with
his
enimie
,
whome
sometimes
he
wished
to
be
broiled
like
S.
Laurence
,
or
to
be
burnt
(
like
an
heretike
)
in
Smithfeeld
.
The
other
and
more
principall
point
concerning
the
declining
of
the
church
of
England
,
in
ceremonies
,
gouernement
,
and
discipline
from
the
commandement
of
Christ
,
by
him
and
such
like
surmised
;
bicause
it
conteineth
a
verie
greeuous
accusation
,
of
so
famous
and
great
a
part
of
the
vniuersall
church
;
and
is
therfore
a
matter
of
great
consequence
,
to
haue
this
church
cleared
of
that
slander
,
which
this
infamous
libeller
obiecteth
:
I
haue
thought
good
(
for
a
taste
)
to
trouble
the
readers
a
little
,
with
some
few
and
briefe
collections
(
gathered
for
the
most
part
)
by
certeine
painefull
and
godlie
learned
men
;
yet
in
some
small
portion
,
vpon
mine
owne
slender
wading
concerning
these
matters
of
externall
church-policie
;
not
to
any
intent
(
as
I
may
safelie
before
God
protest
)
to
derogate
from
any
tolerable
order
established
in
these
externall
matters
,
by
any
reformed
church
,
as
a
thing
vnlawfull
of
to
be
condemned
;
howsoeuer
peraduenture
some
of
them
may
be
inconuenient
to
be
vsed
:
but
onelie
to
shew
the
vanitie
of
this
and
other
like
affected
mens
assertions
,
which
By
the
exact
description
of
the
temple
,
and
other
things
about
the
seruice
of
God
in
the
old
law
,
and
because
Christ
was
faithfull
in
all
his
fathers
houshold
,
would
carrie
awaie
in
a
generalitie
;
that
therefore
,
there
is
one
certeine
,
perfect
,
and
setled
forme
of
discipline
,
gouernement
,
and
of
externall
church-policie
recommended
,
and
also
commanded
in
scripture
vnto
vs
.
For
if
,
vpon
examination
hereof
in
specialties
,
it
may
appeare
that
the
ring-leaders
of
this
band
doo
not
onelie
differ
;
but
also
be
contrarie
one
to
another
in
many
materiall
points
of
this
their
platforme
,
which
they
neuerthelesse
would
mingle
heauen
and
earth
together
for
,
by
their
The
soldior
of
Barwike
.
pag.
3.
spéeches
and
writings
:
then
(
I
hope
)
all
godlie
wise
men
will
easilie
sée
,
that
it
is
but
a
strong
fansie
which
either
all
or
at
the
least
some
of
them
in
this
behalfe
be
led
by
:
and
that
without
reason
they
doo
exact
of
vs
to
yéeld
vnto
them
,
which
are
not
at
any
accord
or
resolution
among
themselues
,
nor
yet
with
other
learned
men
.
Wherevpon
this
will
ensue
,
and
profitablie
may
be
gathered
:
that
as
it
is
lawfull
for
any
particular
church
by
the
word
of
God
,
to
reteine
what
forme
and
circumstances
of
discipline
and
gouernement
in
the
church
,
not
contrarie
to
the
word
of
God
,
which
(
weieng
all
things
therein
considerable
)
shall
be
thought
most
to
tend
,
then
and
there
,
to
the
building
vp
of
the
liuelie
stones
in
déed
,
into
one
accouplement
in
Christ
Iesus
his
mysticall
bodie
:
so
that
forme
will
fall
out
to
be
most
safe
,
which
hath
béene
most
generallie
receiued
,
and
profitable
practised
,
and
hath
for
it
,
the
approbation
of
the
purest
antiquitie
in
the
primitiue
church
.
For
it
is
a
verie
nice
and
a
dangerous
scrupulositie
,
rather
than
to
vse
that
aright
,
which
hath
bene
once
abused
;
that
a
man
should
go
about
to
deuise
,
and
to
laie
out
new
platformes
in
church
matters
,
in
which
of
necessitie
such
difficulties
will
dailie
arise
,
that
can
not
by
any
reach
of
mans
wit
be
forecast
,
and
which
will
bréed
not
onelie
a
continuall
toile
,
but
also
infinite
dangerous
innouations
,
both
in
the
church
and
common-weale
.
Now
,
as
concerning
the
inward
gouernement
of
the
church
of
Christ
by
the
spirit
of
God
working
in
his
children
,
by
the
ministerie
of
the
written
and
reuealed
word
:
and
also
touching
the
essentiall
points
of
the
outward
policie
and
gouernement
of
the
church
,
consisting
in
the
true
teaching
of
the
word
of
God
,
in
the
due
administration
of
sacraments
according
to
Christes
holic
institution
,
in
the
aduancement
and
furtherance
of
vertue
,
with
the
beating
downe
and
suppressing
of
sinne
and
impietie
,
and
in
keeping
the
church
in
a
quiet
vnitie
and
good
order
;
there
is
no
difference
or
varietie
of
opinion
amongst
vs
.
Which
wholie
therefore
dooth
rest
in
this
point
,
touching
the
forme
and
manner
of
putting
this
externall
church
gouernement
in
vre
and
practise
.
For
they
affirme
,
that
[
](A19392-e96350-b)*
*
Pag.
19
,
20
,
239.
Christ
hath
left
,
and
Commanded
as
perfect
a
rule
and
law
for
the
gouernement
of
the
church
(
his
fathers
houshold
)
by
discipline
,
as
he
hath
doone
by
doctrine
,
which
is
saie
they
,
by
their
consistories
and
presbyteries
:
and
also
that
the
same
is
perpetuall
,
and
ought
so
to
continue
vnto
the
worlds
end
,
in
euerie
particular
church
.
Both
which
we
denie
,
and
with
all
affirme
;
that
no
such
precise
and
exact
forme
of
externall
gouernment
of
the
church
by
discipline
,
as
they
depaint
out
,
is
so
much
as
by
any
example
recommended
vnto
vs
in
scripture
:
but
much
lesse
commanded
,
as
a
continuall
platforme
for
euer
to
be
followed
.
To
their
first
asseueration
belong
those
their
spéeches
,
where
they
call
it
The
presbyterie
which
God
hath
appointed
:
the
arke
of
God
:
the
Lords
house
,
a
royall
throne
for
Christ
to
sit
and
rule
in
.
And
where
other
of
[
](A19392-e96380-b)*
*
T.
C.
in
epist.
ante
lib.
2.
them
tell
vs
,
that
The
order
which
they
contend
for
,
is
that
which
God
hath
left
,
[
](A19392-e96400-b)*
*
Admon
.
2.
pag.
5.
and
that
The
matters
they
deale
in
,
are
according
to
the
verie
will
of
almightie
God
.
Insomuch
that
[
](A19392-e96420-b)*
*
A
libell
printed
in
forme
of
a
table
.
they
make
him
Antichrist
,
and
one
who
refuseth
to
haue
Christ
to
rule
ouer
him
,
which
reiecteth
their
Presbyterie
gouernement
.
To
their
second
paradox
belong
these
and
such
like
magnificall
elne-long
terms
:
[
](A19392-e96460-b)*
*
T.
C.
in
epist.
ante
.
2.
lib.
that
It
is
the
euerlasting
truth
of
God
,
that
it
is
the
kingdome
of
God
in
this
world
,
which
onlie
hath
the
promise
of
blessing
and
life
for
euermore
:
[
](A19392-e96490-b)*
*
Admon
.
2.
pag.
61.
that
this
is
onelie
Gods
order
,
which
in
conscience
they
are
forced
to
speake
for
,
and
to
vse
:
and
[
](A19392-e96510-b)*
*
T.
C.
in
1.
lib.
pag.
141.
that
we
are
expreslie
charged
to
reteine
this
Segniorie
till
the
comming
of
Christ
to
iudgement
,
by
the
words
of
S.
Paule
in
the
sixt
chapter
of
the
first
to
Timothie
,
notwithstanding
Caluine
dooth
wholie
refer
it
to
the
ministerie
of
Timothie
.
And
although
our
men
,
who
belike
sée
further
in
a
milstone
,
and
can
find
more
knots
in
a
rush
than
other
men
,
doo
tell
vs
of
such
a
necessarie
perpetuitie
&
continuance
of
their
presbyteriall
gouernement
:
yet
[
](A19392-e96580-b)*
*
Art.
23.
tit
.
aduertissement
.
en
la
discipline
du
France
.
the
French
churches
reformed
,
could
not
find
any
such
setled
forme
of
discipline
,
so
by
scripture
established
,
but
that
it
might
vpon
occasion
be
altered
.
And
therefore
in
the
shutting
vp
of
their
booke
,
hereof
they
saie
thus
:
Ces
articles
qui
sont
,
&c:
These
articles
which
are
here
conteined
touching
the
discipline
,
are
not
so
setled
amongst
vs
,
but
that
(
the
vnitie
of
the
church
so
requiring
)
they
may
be
changed
.
And
it
is
a
world
to
sée
&
consider
,
though
not
onlie
in
this
point
but
in
many
other
materiall
points
about
this
gouernment
,
our
church-wrights
differ
both
from
other
men
abroad
,
and
amongst
themselues
at
home
:
how
yet
notwithstanding
,
they
doo
all
in
generall
importune
vs
to
beléeue
them
,
that
there
is
a
precise
forme
,
order
,
rule
and
law
of
this
externall
gouernment
in
the
church
commanded
by
Christ
,
which
no
church
may
swarue
from
,
or
euer
transforme
and
alter
.
Yet
Tertullian
(
as
he
is
alledged
by
others
)
saith
thus
:
Trulie
the
rule
of
faith
is
wholie
one
,
and
is
wholie
vnmoueable
,
and
not
to
be
reformed
,
namelie
to
beleeue
in
God
,
&c:
this
law
of
faith
remaining
,
now
the
other
matters
of
discipline
and
course
of
life
,
doo
admit
alteration
and
correction
,
the
grace
of
God
alwaies
working
and
going
forward
vnto
the
end
.
And
first
,
as
touching
varietie
of
iudgements
about
the
meanes
to
establish
this
gouernement
,
and
their
presbyteries
,
we
sée
that
our
[
](A19392-e96620-b)*
*
Pag.
93.
Abstractor
saith
:
The
ministers
without
due
authoritie
from
the
magistrate
(
whereby
I
hope
he
vnderstandeth
the
chiefe
magistrate
of
euerie
common-wealth
,
&
not
inferior
officers
,
whom
,
in
this
case
,
certeine
firebrands
of
treson
,
by
[
](A19392-e96640-b)a
a
De
iure
magistrat
.
de
iure
regni
.
vindict
.
con.
tyrannos
.
their
bookes
would
arme
against
their
souereigns
)
ought
not
to
wrest
any
thing
into
the
gouernement
of
the
church
.
But
[
](A19392-e96660-b)b
b
T.
C.
pag.
141.
another
saith
,
that
among
other
things
this
gouernment
by
presbyteries
Is
such
,
as
for
the
keeping
of
them
,
if
we
haue
them
;
&
forth
obteining
of
them
,
if
we
haue
them
not
;
he
will
not
saie
Our
honors
,
or
our
commodities
and
welth
,
but
our
liues
ought
not
to
be
deare
vnto
vs
.
Another
[
](A19392-e96690-b)c
c
Admon
.
2.
pag.
61.
saith
,
they
are
forced
to
speake
for
it
,
and
to
vse
it
.
And
[
](A19392-e96710-b)d
d
Br.
a
fourth
no
lesse
peremptorie
than
traitorous
(
whom
I
hope
they
will
not
allow
of
)
saith
:
If
the
prince
will
not
establish
this
gouernment
,
that
hir
subiects
need
not
to
tarrie
for
hir
,
but
ought
t'innouate
the
gouernment
themselues
.
Diuers
of
the
French
reformers
are
also
too
violentlie
affected
that
waie
.
One
of
them
hath
deliuered
,
[
](A19392-e96730-b)e
e
Fran.
Iun.
pag.
28.
that
If
the
prince
doo
hinder
the
building
of
the
church
,
[
](A19392-e96750-b)f
f
Pag.
3.
or
doo
affect
the
seat
of
God
:
that
is
(
in
their
sense
and
meaning
)
deale
in
ecclesiasticall
causes
,
and
hinder
the
presbyterie
:
the
[
](A19392-e96780-b)g
g
Pag.
28.
people
may
by
force
of
armes
resist
him
.
To
which
end
also
[
](A19392-e96800-b)h
h
Admon
.
2.
pag.
29.
that
seemeth
to
be
spoken
,
where
it
is
said
,
that
many
a
thousand
in
England
desire
that
platforme
:
and
that
great
troubles
will
come
of
it
,
if
they
be
still
with-stood
in
their
deuises
.
And
if
none
of
those
dis●ciall
practises
can
be
put
in
vre
,
which
some
of
that
disposition
and
affection
to
those
presbyteries
haue
deuised
,
by
arming
inferior
officers
and
magistrates
against
their
souereignes
;
then
they
would
[
](A19392-e96810-b)*
*
Of
obedi●nce
,
pa.
59.
haue
The
ministerie
t'
excommunicate
the
king
.
Wherby
they
would
falslie
gather
by
the
Feudall
law
,
or
of
tenures
(
as
we
call
it
)
[
](A19392-e96840-b)*
*
De
iure
magistr.
pag.
66.
that
the
vassall
is
deliuered
from
his
allegiance
and
oth
,
of
fealtie
or
homage
,
which
he
hath
taken
to
his
souereigne
lord
,
if
he
be
once
excommunicate
.
In
which
respect
also
[
](A19392-e96850-b)*
*
Of
obedience
,
pag.
52.
53.
some
of
them
doo
affirme
,
that
though
popes
taking
vpon
them
to
depose
princes
for
sundrie
enormities
,
did
vsurpe
vnto
themselues
an
vnlawfull
authoritie
:
yet
the
reason
that
mooued
them
so
to
doo
,
was
honest
and
iust
,
and
méet
to
be
executed
by
the
bodie
or
state
of
euerie
common-weale
;
and
yet
forsooth
these
be
especiall
fréends
and
fauourers
of
the
Quéenes
prerogatiue
.
But
touching
that
place
there
alledged
,
out
of
the
second
booke
Feudorum
,
tit.
28.
§.
1
:
it
can
no
waie
be
vnderstood
of
an
absolute
and
souereigne
prince
,
that
holdeth
not
his
kingdome
ouer
,
of
anie
mortall
man
,
but
of
God
alone
,
no
not
in
those
countries
and
territories
,
where
otherwise
the
Feudall
law
in
meane
lords
hath
place
.
First
,
because
the
Vassall
or
tenant
(
as
we
call
him
)
being
deliuered
of
his
fealtie
,
seruices
and
tenancie
,
and
the
said
seruices
being
not
to
be
extinguished
in
the
Vassall
,
but
for
the
lords
default
to
be
forfeited
to
another
:
it
cannot
be
vnderstood
of
a
souereigne
lord
,
who
hath
no
superiour
but
God
,
to
take
the
forfeiture
that
is
growne
against
him
.
Secondarilie
,
the
circumstances
of
the
law
doo
declare
this
to
be
vnderstood
of
a
meane
lord
,
and
not
of
the
king
himselfe
:
The
vassall
(
saith
that
law
)
is
not
bound
to
helpe
or
to
doo
seruice
to
his
lord
,
being
excommunicate
,
or
banished
by
the
king
,
but
is
in
the
meane
time
loosed
from
his
oth
offealtie
,
till
he
be
restored
by
the
church
or
the
king
.
Againe
,
all
this
Feudall
lawe
,
being
a
customarie
and
vnwritten
law
,
and
by
the
tolerance
of
kings
,
and
other
souereigne
lords
ouer
warlike
nations
,
suffered
to
growe
in
vse
,
for
the
reward
and
incouragement
of
those
that
had
valiantlie
demeaned
themselues
in
their
warres
:
it
cannot
be
credible
,
that
the
king
would
permit
such
a
custome
to
preuaile
euen
against
himselfe
,
whereby
he
should
reteine
his
owne
subiects
no
longer
in
their
allegiance
,
than
it
should
please
another
man
.
Moreouer
this
law
had
his
beginning
and
speciall
increase
amongst
the
Longobards
,
and
other
such
Martiall
people
,
before
they
were
conuerted
to
Christianitie
from
their
Gentilisme
:
which
maketh
me
to
thinke
,
that
this
point
of
excommunication
was
added
afterward
by
the
compilers
of
the
Feudall
law
,
according
to
the
vse
of
their
times
for
the
paritie
and
equalitie
of
reason
,
that
séemed
to
be
in
Banishing
with
Excommunication
.
But
most
stronglie
is
this
sense
,
which
I
haue
giuen
,
confirmed
by
the
testimonie
of
verie
good
historiographers
.
[
](A19392-e97000-b)*
*
Ottho
.
Erisingen
.
lib.
6.
cap.
35.
chro
.
I
doo
read
and
read
ouer
againe
(
saith
one
)
the
acts
of
Romane
kings
and
emperors
,
and
I
can
no
where
find
that
any
of
them
was
euer
excommunicated
by
the
Bishop
of
Rome
,
till
this
William
king
of
England
was
excommunicated
by
Alexander
the
second
,
about
the
yeare
of
our
Lord
,
1066.
And
Iohannes
Tritenius
[
](A19392-e97040-b)*
*
Chron.
Hirsaug.
ca.
14.
writing
of
the
emperour
Henrie
the
fourth
,
saith
thus
;
For
which
pertinacie
he
was
excommunicated
by
Gregorie
the
seuenth
,
and
by
a
synodall
decree
of
Bishops
was
deposed
from
the
empire
,
although
he
cared
not
for
it
.
And
he
is
the
first
of
all
emperors
,
that
was
deposed
by
the
pope
.
And
another
in
his
chronicles
of
the
yeare
1088.
calleth
it
in
a
maner
an
heresie
,
then
scarse
sproong
vp
,
that
Presbyteri
,
priests
or
elders
if
you
will
,
should
take
vpon
them
to
release
the
subiects
of
a
king
from
their
oth
and
allegiance
.
Odo
[
](A19392-e97100-b)*
*
Sigebertus
monachus
Gemblacen
.
(
saith
he
)
being
first
a
Cluniake
moonke
,
and
after
Bishop
of
Hostia
,
was
made
pope
against
the
emperour
and
Guibertus
.
Heerevpon
offenses
in
the
church
,
and
turmoiles
of
dissention
in
the
common-weale
did
increase
,
whiles
one
disagreed
from
another
,
that
is
,
the
kingdome
from
the
priesthood
.
Trulie
(
if
I
may
speake
with
good
leaue
of
those
,
who
be
good
men
)
this
plaine
noueltie
,
I
had
almost
said
heresie
,
was
not
yet
come
abroad
into
the
world
:
that
his
priests
,
which
said
thus
by
a
king
,
Apostare
&
regnare
facit
hypocritam
,
propter
peccata
populi
,
that
they
I
saie
,
should
teach
the
people
that
they
owe
no
seruice
to
euill
kings
:
and
that
although
they
had
yeelded
vnto
them
the
oth
of
fealtie
,
yet
they
did
not
owe
vnto
them
any
allegiance
:
and
that
those
should
not
be
accompted
periured
,
which
stood
euill
affected
towards
their
king
;
yea
,
that
those
which
should
obey
the
king
,
should
be
reputed
excommunicate
,
and
that
he
which
attempted
anie
thing
against
him
,
should
be
absolued
from
the
guilt
of
impietie
and
periurie
:
Haec
Sigebertus
.
Which
notable
testimonie
procéeding
euen
from
a
moonke
deuoted
to
that
See
,
and
in
the
great
ignorance
of
those
times
,
which
otherwise
did
possesse
them
:
I
could
not
but
oppose
to
the
fanaticall
spirits
and
traitorous
allegations
,
both
of
these
dangerous
innouators
,
and
of
the
rabious
papists
:
which
in
this
point
hath
borrowed
weapons
of
them
,
and
doo
barke
in
the
same
key
,
dailie
from
beyond
the
seas
,
against
their
Souereigne
,
whose
kingdome
they
would
inthrall
to
be
holden
but
at
the
popes
,
as
the
other
would
haue
it
at
the
chéefe
inferiour
magistrats
,
the
peoples
or
presbyteries
deuotion
.
As
touching
secondarie
meanes
for
the
better
establishing
and
furnishing
of
their
presbyteriall
gouernement
,
there
is
likewise
varietie
of
opinion
.
For
our
laie
reformers
for
the
most
part
doo
wish
all
ecclesiasticall
persons
to
be
deuested
of
their
lands
and
other
hereditaments
,
and
like
cast
and
forworne
seruants
,
to
be
put
to
their
pension
:
that
vpon
such
alteration
,
the
offalls
,
downefalls
,
and
windfalls
,
may
fall
to
their
share
,
or
at
least
,
be
a
musse
for
them
to
scamble
for
.
Which
deuise
seemeth
to
haue
béene
pointed
at
,
by
the
discipline
of
France
,
[
](A19392-e97130-b)*
*
Art.
35.
de
la
discipline
de
France
.
where
they
saie
:
No
minister
shall
possesse
anie
hereditament
by
title
of
his
ministerie
:
but
if
a
pension
or
some
parcell
thereof
be
assigned
out
of
any
possession
,
rent
,
or
reuenue
,
it
shall
be
wholie
in
the
administration
of
the
deacons
,
or
of
other
persons
therevnto
deputed
by
the
church
,
at
whose
hands
the
ministers
shall
receiue
their
pension
.
But
the
chéefe
of
our
ecclesiasticall
innouators
,
would
on
the
contrarie
side
,
haue
the
prince
to
relinquish
hir
first
fruits
,
tenths
,
and
impropriations
:
and
all
Noble
men
and
gentlemen
,
their
impropriations
and
patronages
:
and
the
Bishops
with
all
cathedrall
and
collegiate
churches
,
to
be
be
reaued
of
all
their
temporall
and
ecciesiasticall
possessions
whatsoeuer
,
to
supplie
the
wants
that
may
happen
at
the
erecting
of
their
petit
Parlements
and
Presbyteries
.
To
which
deuise
,
bicause
they
foresée
such
of
the
laitie
will
as
hardlie
as
anie
other
be
induced
to
agrée
,
being
deafe
of
that
side
the
head
,
howsoeuer
they
seemed
to
like
the
plat
,
so
long
as
it
reached
no
further
than
to
Bishops
and
cathedrall
churches
:
they
doo
therefore
as
bitterlie
bite
at
them
as
at
others
,
for
their
[
](A19392-e97170-b)a
a
Disciplina
ecclesi
.
fol.
94.
backwardnesse
in
this
pretended
necessarie
seruice
.
Whiles
they
heare
vs
speake
(
saith
no
little
one
of
them
in
reputation
)
against
Bishops
and
cathedrall
churches
,
it
tickleth
their
eares
,
looking
for
the
like
prey
that
they
had
before
of
monasteries
:
yea
they
haue
in
their
hearts
deuoured
alreadie
their
churches
inheritance
.
[
](A19392-e97210-b)b
b
Ibidem
.
And
againe
,
They
could
be
content
to
crucifie
Christ
,
so
they
might
haue
his
garments
.
And
[
](A19392-e97230-b)c
c
Ibidem
.
further
,
They
care
not
for
religion
,
so
they
may
get
the
spoile
.
And
yet
[
](A19392-e97250-b)d
d
Ibid.
fol.
97.
againe
,
The
reuenues
of
the
church
are
wasted
in
courtlie
wantonesse
&
brauerie
,
bestowed
vpon
noblemens
seruants
,
and
so
consumed
with
most
sacrilegious
impudencie
and
boldnes
.
Further
[
](A19392-e97280-b)e
e
Ibid.
fol.
87.
yet
,
They
doo
not
onelie
giue
nothing
to
the
church
,
but
such
liuings
,
as
others
haue
godlie
bestowed
,
most
wickedlie
they
deteine
and
with-hold
from
hir
.
To
this
[
](A19392-e97310-b)f
f
Ibid.
fol.
95.
he
addeth
:
That
our
age
is
full
of
spoiling
soldiers
,
and
of
wicked
Dionysians
,
who
will
rob
Christ
of
his
golden
coate
,
as
neither
fit
for
him
in
winter
,
nor
in
summer
.
And
another
chéefe
man
among
them
[
](A19392-e97340-b)g
g
T.
C.
75.
saith
of
such
:
They
are
coruorants
,
and
seeke
to
fill
the
bottomlesse
sackes
of
their
greedie
appetites
.
And
againe
,
They
doo
yall
after
a
prey
,
and
would
thereby
to
their
perpetuall
shame
purchase
a
feeld
of
blood
.
Yea
[
](A19392-e97380-b)h
h
Admon
.
2.
pag.
13.
a
third
also
of
them
saith
;
It
is
no
better
than
sacrilege
and
spoiling
of
God
,
to
keepe
backe
any
waie
the
prouision
that
hath
beene
made
for
the
ministerie
:
and
the
cursse
of
God
threatned
by
Malachie
to
those
that
spoiled
the
Leuites
then
,
belongeth
&
will
light
vpon
our
spoilers
now
,
and
vpon
them
in
whose
hands
it
is
to
redresse
it
,
if
they
doo
it
not
.
Whereby
we
may
see
that
our
ecclesiasticall
innouators
are
not
so
scrupulous
as
they
in
France
,
or
as
our
laie
reformers
séeme
to
be
:
but
that
they
could
be
content
to
take
paines
with
those
lands
,
tieths
,
and
other
hereditaments
,
and
to
aduenture
on
them
,
though
they
haue
béene
so
abused
to
the
maintenance
of
supersiition
and
idolatrie
in
the
church
:
yea
,
and
to
reteine
them
in
title
,
to
the
better
support
of
their
Septemuirall
or
decemuirall
senat
in
euerie
parish
,
scarselie
counting
the
other
mens
offer
of
a
pension
,
worth
a
single
gramercie
.
Now
let
vs
come
to
some
of
their
resolutions
,
wherein
they
deliuer
to
vs
their
minds
,
when
and
by
whome
this
their
presbyteriall
church
gouernement
by
Seniors
,
as
here
they
are
called
,
or
by
Anciens
(
as
they
call
them
in
France
)
was
commanded
or
practised
.
For
séeing
they
doo
both
alledge
such
a
necessitie
thereof
,
that
some
of
them
haue
not
doubted
to
make
it
a
third
essentiall
point
of
a
true
church
,
whereby
they
must
flatlie
confesse
to
follow
,
that
in
or
since
Christs
and
the
apostles
times
,
euen
till
their
owne
age
,
there
hath
béene
no
true
church
,
séeing
it
is
assured
,
that
neither
they
nor
any
man
in
the
world
is
able
either
by
scripture
or
testimonie
of
antiquitie
to
shew
foorth
such
their
laie
presbyterie
,
priests
,
elders
,
seniors
,
or
anciens
as
they
speake
of
:
&
also
do
beautifie
&
aduance
it
vp
to
heauen
,
with
glorious
titles
.
Surelie
their
endeuour
will
not
be
worth
a
single
baubie
or
dodkin
,
if
they
cannot
bring
the
deuise
and
erection
of
it
,
as
high
as
Christs
time
at
the
least
.
Therefore
one
[
](A19392-e97480-b)*
*
T.
C.
pa.
187.
of
the
chéefest
of
them
,
doth
fetch
it
from
the
Iewish
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
out
of
the
Talmud
.
But
if
this
senate
and
set
councell
among
the
Iewes
,
be
a
type
vnto
their
presbyteries
:
then
must
they
handle
both
the
swords
,
which
they
would
séeme
to
mislike
in
others
.
For
one
[
](A19392-e97550-b)*
*
Bonauentura
de
politia
Iuda
.
ca.
13.
&
Daneus
ca.
10.
lib.
2.
Isag
.
2.
par.
of
Geneua
latelie
writing
De
politia
Iudaica
(
agréeablie
herein
with
the
most
both
old
and
new
writers
)
affirmeth
,
that
they
had
the
hearing
and
decision
aswell
of
ciuill
as
of
ecclessasticall
causes
.
Then
shall
their
new
church
platforme
be
also
conuinced
not
to
be
from
heauen
,
but
of
men
:
for
Caluine
affirmeth
,
that
the
Iewish
senat
was
but
a
politike
constitution
ordeined
by
them
after
their
returne
from
Babylon
.
But
our
men
doo
tell
vs
that
Christ
did
establish
and
command
the
like
senat
in
his
church
,
when
in
the
18.
of
Marth
.
he
said
,
Dic
ecclesiae
,
Tell
the
church
,
that
is
(
say
they
)
the
presbyterie
.
But
Musculus
is
of
another
mind
,
who
thinketh
all
the
congregation
thereby
to
be
vnderstood
,
according
to
that
time
wherein
Christ
speake
it
,
when
as
the
church
wanted
a
godlie
and
faithfull
magistrate
.
And
of
the
same
opinion
,
that
the
whole
congregation
aswell
people
as
ministers
or
elders
ought
there
to
be
vnderstood
,
are
[
](A19392-e97660-b)*
*
De
Polit.
eccl.
&
reip.
certeine
reformers
in
France
.
And
if
Christ
did
by
those
words
establish
&
command
their
presbyteries
,
then
were
the
apostles
verie
slowe
and
negligent
in
putting
them
in
practise
:
for
[
](A19392-e97680-b)*
*
Calui
.
Harmonia
in
18.
Matth.
Caluine
testifieth
,
that
neither
in
Christes
time
,
nor
in
two
and
twentie
yeares
after
,
these
presbyteries
were
erected
.
And
if
Christ
did
speake
in
that
maner
to
th'
Apostles
and
disciples
,
as
of
a
thing
well
knowne
vnto
them
,
by
reason
of
the
Iewish
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
in
vse
amongst
them
:
then
will
it
follow
,
that
as
they
had
but
one
such
for
the
whole
nation
,
setled
at
Ierusalem
:
so
one
presbyterie
will
suffice
for
a
whole
realme
.
Also
if
Christ
had
then
erected
that
their
presbyterie
and
church
gouernement
,
which
they
fansie
:
assuredlie
the
apostles
would
not
,
nor
should
not
,
both
all
Christs
time
and
a
yeare
after
,
haue
vsurped
the
office
of
deacons
,
being
thought
by
our
men
to
be
not
onelie
a
necessarie
,
but
a
distinct
office
from
the
pastors
and
preachers
in
their
presbyteriall
gouernement
:
yea
,
they
would
not
haue
relied
vpon
that
reason
onelie
,
for
creating
of
deacons
(
because
thereby
they
were
drawne
from
a
more
necessarie
function
of
preaching
:
)
but
would
haue
also
auouched
that
commandement
of
Christ
,
for
such
seuerall
offices
in
the
gouernement
of
the
church
,
if
he
had
giuen
out
any
such
direction
,
as
is
now
imagined
.
And
surelie
,
it
cannot
be
that
either
Christ
or
his
apostles
did
command
any
such
consistorie
,
and
presbyteriall
gouernement
as
they
talke
of
;
because
,
if
it
be
a
matter
of
such
perpetuitie
or
importance
,
and
of
that
sort
as
they
would
inforce
;
then
could
it
not
haue
had
so
obscure
and
base
a
birth
,
that
neither
scripture
,
father
,
nor
councell
should
leaue
in
memorie
,
by
whome
,
where
,
or
when
it
was
first
erected
,
and
put
in
practise
.
Or
else
we
must
yéeld
,
that
all
the
martyrs
and
holie
fathers
in
the
time
of
the
apostles
,
and
so
downewards
,
were
palpablie
ignorant
of
such
a
perfect
,
precise
,
and
necessarie
point
of
a
true
church
:
or
at
the
lest
were
verie
negligent
and
enuious
to
posteritie
,
that
would
not
so
much
as
vouchsafe
to
deliuer
it
downe
from
hand
to
hand
by
practise
,
as
the
traditions
and
vnwritten
verities
are
pretended
by
the
papists
to
haue
béene
.
In
so
much
that
if
you
aske
[
](A19392-e97780-b)*
*
Ecclesiast.
discip
.
pag.
121.
some
of
them
,
in
what
part
of
scripture
these
their
lay
elders
&
seniors
be
commanded
,
they
can
answer
redilie
,
That
all
things
are
not
expressed
in
scripture
:
yet
our
admonitors
thinke
they
can
prooue
all
these
matters
directlie
by
the
word
of
God
.
The
like
varietie
is
amongst
them
,
in
what
part
of
scripture
their
Laie
seniors
are
spoken
of
.
For
some
of
our
men
thinke
,
they
haue
found
them
in
the
14.
of
the
Acts
,
ver.
23.
But
[
](A19392-e97830-b)*
*
Caluinus
.
other
better
learned
than
they
,
doo
contend
,
that
by
the
word
,
Presbyteri
there
vsed
,
ministers
and
preachers
be
vnderstood
.
Likewise
our
men
saie
,
that
the
first
to
Timothie
,
cap.
5.
ver.
17.
where
it
is
said
:
The
presbyters
or
elders
that
rule
well
,
are
worthie
of
double
honor
,
dooth
sufficientlie
prooue
the
office
of
their
seniors
onelie
to
consist
in
ruling
,
and
not
in
preaching
.
But
a
[
](A19392-e97880-b)*
*
Beza
.
great
learned
man
(
yet
a
sauourer
of
that
platforme
)
saith
:
These
elders
did
both
rule
and
preach
.
In
like
manner
[
](A19392-e97890-b)*
*
Discip
.
ecclesi
.
fol.
217.
some
of
our
reformers
doo
send
vs
for
the
description
of
the
qualities
of
these
seniors
which
they
dreame
of
,
vnto
the
1.
of
Timothie
,
cap.
3.
from
the
8.
ver
.
vnto
the
14.
where
in
déed
the
qualities
required
in
deacons
are
described
:
yet
[
](A19392-e97920-b)*
*
T.
C.
pag.
51.
other
of
our
owne
also
,
doo
referre
vs
for
the
properties
required
in
them
,
to
the
first
verse
thereof
,
and
so
to
the
eight
,
where
the
properties
of
a
Bishop
are
described
.
And
where
S.
Paule
saith
,
Aduer
sus
presbyterum
,
&c:
Againsta
priest
or
elder
receiue
no
accusation
but
vpon
two
or
three
witnesses
:
that
[
](A19392-e97950-b)*
*
Admon
.
2.
pag.
46.
is
(
saith
the
admonitioner
)
against
laie
seniors
or
gouernors
:
yet
[
](A19392-e97960-b)*
*
Caluinus
.
others
of
the
chiefe
fauourers
of
them
,
doo
confesse
the
place
is
meant
of
the
ministers
of
the
word
.
[
](A19392-e97970-b)*
*
Eglise
des
estrangers
à
Londres
.
An.
1150.
And
others
doo
fetch
them
from
the
word
Gouernements
,
1.
Cor.
14.
And
as
they
differ
amongst
themselues
,
in
what
part
of
scriptures
to
find
their
seniors
or
elders
:
so
they
can
not
agrée
of
the
immediat
Genus
,
or
generall
word
,
which
conteineth
them
.
For
some
vse
this
diuision
:
Of
deacons
,
some
are
elders
or
gouernors
,
and
some
are
such
as
prouide
for
the
poore
.
Other
saie
:
Of
Bishops
,
some
are
ministers
,
&
some
are
seniors
.
And
againe
:
Of
elders
,
some
must
teach
,
&
some
must
onelie
rule
,
and
others
both
rule
and
teach
.
Some
[
](A19392-e98000-b)a
a
Discipl
.
eccles.
fol.
123.
of
them
also
doo
assure
themselues
,
that
the
name
of
elders
is
neuer
imparted
to
deacons
in
the
scripture
:
[
](A19392-e98010-b)b
b
A
written
booke
not
published
.
●ol.
79.
yet
others
are
bold
to
giue
this
rule
,
that
all
ecclesiasticall
officers
,
of
what
calling
soeuer
,
are
called
in
the
new
testament
Elders
or
Seniors
.
Of
which
iudgement
also
[
](A19392-e98040-b)c
c
In
14.
Act.
Beza
séemeth
to
be
.
So
that
we
sée
,
if
laie
seniors
be
any
where
to
be
found
in
scripture
,
some
of
them
will
start
them
vp
in
one
place
or
other
:
either
by
the
name
of
Presbyteri
,
Diaconi
,
Episcopi
,
or
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
These
their
seniors
also
,
aswell
as
the
rest
of
ecclesiasticall
officers
by
their
platforme
and
deuise
,
must
be
found
of
the
goods
and
reuenues
of
the
church
:
for
the
which
purpose
,
and
for
better
supplie
of
them
,
is
that
their
intention
of
diuiding
the
whole
realme
afresh
into
parishes
,
by
vniting
two
,
thrée
,
or
more
together
,
and
the
laieng
downe
of
all
patronages
,
and
adioining
of
all
Bishops
and
cathedrall
churches
reuenues
,
and
of
all
impropriations
vnto
them
.
And
to
that
end
also
they
doo
alledge
,
that
he
which
serueth
at
the
altar
,
must
liue
of
the
alter
.
But
how
can
this
stand
with
[
](A19392-e98080-b)*
*
Beza
in
praefat
confess
.
Heluet.
that
aduise
which
is
giuen
,
for
the
choosing
of
Princes
&
Noble
men
into
the
seniorie
,
or
with
the
practise
thereof
in
some
churches
,
where
Noble
men
did
vndertake
that
office
?
Shall
we
thinke
it
méet
,
that
the
renenues
of
the
church
should
be
alloted
out
to
their
maintenance
according
to
their
degrées
?
Trulie
,
either
they
must
haue
short
commons
,
or
else
their
churches
and
seuerall
parishes
must
content
themselues
without
many
such
Semors
.
Now
let
vs
also
brieflie
consider
,
what
they
teach
concerning
the
persons
,
that
are
to
serue
and
to
belong
to
this
presbyteriall
gouernement
.
Our
men
in
their
bookes
doo
attribute
the
chiefest
degrée
of
dignitie
in
their
ecclesiasticall
kingdome
,
to
the
pastor
;
the
next
to
the
doctor
:
the
elders
,
whether
knights
,
lords
,
earles
,
dukes
,
or
princes
,
must
content
themselues
to
be
reckoned
in
the
third
place
;
and
the
deacons
in
the
fourth
.
Yea
,
the
discipline
of
France
suffereth
the
matter
of
preheminence
betwixt
deacons
and
anciens
,
to
be
whelie
vndercided
;
where
[
](A19392-e98130-b)*
*
Art.
6.
de●
Anciens
&
Diacres
en
la
discipline
de
France
.
they
saie
:
The
deacons
and
anciens
may
not
pretend
any
preheminence
or
superioritie
,
the
one
aboue
the
other
.
Now
it
must
néeds
be
intended
,
that
the
pastor
is
aboue
the
deacon
:
whereby
it
will
follow
,
séeing
they
doo
wey
the
deacons
and
anciens
alike
,
that
the
pastor
is
to
be
preferred
afore
them
both
:
which
will
no
doubt
be
a
verie
seemelie
matter
,
where
he
is
preferred
in
commission
aboue
his
souereigne
Lord
.
Yet
[
](A19392-e98160-b)*
*
Simlerus
de
repub.
Heluet
.
fol.
172.
at
Saint
Galles
in
Switzerland
,
where
ministers
haue
an
ordinarie
authoritie
with
the
rest
in
the
Presbyterie
,
it
is
thought
more
agréeable
with
scripture
,
that
a
meere
laie
man
should
be
chiefe
,
and
so
doo
they
vse
it
.
Againe
,
the
consistories
of
Zurike
and
Basil
doo
wholie
consist
of
laie
men
,
yet
certeine
Diuines
and
Ministers
are
●oined
as
assistants
to
them
.
But
at
[
](A19392-e98240-b)*
*
Simlerus
ibid.
fol.
148.
Schaphausen
,
ministers
are
not
so
much
as
called
to
be
assistants
.
But
the
reformed
churches
in
France
doo
clearelie
determine
,
that
the
ministers
are
,
and
ought
to
be
Praesidents
and
chiefe
in
their
[
](A19392-e98280-b)*
*
Art.
4.
du
Consistoire
,
en
la
discipl
.
de
France
.
&
Daneus
2.
parte
.
Isago
.
li.
2.
cap.
20.
consistories
.
For
they
say
:
The
ministers
of
the
word
of
God
,
and
the
anciens
make
the
consistorie
of
the
church
,
ouer
which
the
said
ministers
ought
to
be
praesidents
.
Howbeit
in
the
verie
next
article
they
set
downe
:
[
](A19392-e98300-b)*
*
Art.
5.
en
la
discipl
.
de
France
.
that
A
ciuill
magistrate
may
be
called
to
the
charge
of
an
ancien
in
the
consistorie
,
so
that
the
exercise
of
the
one
shall
not
hinder
the
exercise
of
the
other
,
nor
shall
be
preiudiciall
to
the
church
.
Whereby
may
necessarilie
be
concluded
,
that
they
thinke
it
requisite
,
the
pastor
in
the
consistorie
to
take
place
before
the
prince
,
if
he
be
vouchsafed
that
worship
,
as
to
be
called
amongst
them
.
Yet
by
their
leaues
,
they
prouide
not
herein
so
fullie
for
the
pastors
souereigntie
in
that
gouernement
as
they
wéene
,
if
matters
come
to
be
decided
by
most
voices
.
For
it
can
not
be
credible
,
but
that
the
prince
or
any
Nobleman
,
or
great
Gentleman
shall
easilie
be
able
,
to
win
his
fellow-assistants
in
consistorie
,
being
in
all
other
respects
farre
his
inferiors
,
and
many
waies
by
all
likelihood
deuoted
vnto
him
,
to
be
of
his
iudgement
,
whensoeuer
it
shall
happen
that
the
Pastor
and
he
doo
varie
in
opinion
.
For
I
haue
not
red
that
they
mind
in
all
matters
to
make
the
Pastor
onelie
of
the
Quorum
.
And
no
maruell
though
they
thus
debase
Princes
,
by
making
them
range
with
the
rest
of
their
Seniors
and
Church-gouernors
:
considering
how
much
soeuer
they
sarre
in
other
points
,
yet
they
iump
in
this
:
to
debar
princes
of
that
right
of
gouernement
in
matters
and
ouer
persons
ecclesiasticall
,
which
the
word
of
God
,
and
all
the
examples
of
godlie
kings
in
Iuda
dooth
afford
vnto
them
.
Therefore
one
of
them
as
in
great
scorne
most
slanderouslie
,
&
vntrulie
[
](A19392-e98410-b)a
a
Soldior
of
Barwike
.
pag.
8.
saith
:
That
for
the
princes
pleasure
,
poperie
is
turned
into
policie
.
And
afterward
[
](A19392-e98430-b)b
b
Ibidem
.
more
traitorouslie
,
If
the
prince
with
Gedeon
,
Nadab
,
Abihu
,
Vzza
,
Vzziah
,
and
Saule
,
will
intermedle
without
Gods
warrant
,
as
she
hath
doone
,
pag.
152
,
lin.
20.
with
matters
of
religion
.
pag.
157
,
lin.
4.
with
Gods
matters
,
pag.
141
,
lin.
21.
she
must
thinke
it
no
iniurie
to
be
disobeied
.
pag.
143
,
line
.
13.
Agréeablie
to
which
,
though
not
so
round
and
peremptorie
,
is
that
mislike
which
another
of
them
hath
hereof
:
[
](A19392-e98450-b)*
*
T.
C.
pag.
157
,
161.
that
hir
Paiestie
hath
preheminence
and
chéefe
authoritie
in
determining
of
church
causes
,
and
making
ecclesiasticall
orders
and
ceremonies
:
and
likewise
[
](A19392-e98460-b)*
*
T.
C.
pa.
161
that
hir
Maiestie
in
councels
for
church
matters
,
is
the
chéese
,
who
should
be
onelie
there
an
assistant
.
A
third
of
them
also
thinketh
it
inconuenient
,
[
](A19392-e98480-b)*
*
Admo
.
2.
that
without
hir
Maiesties
assent
,
ecclesiasticall
persons
cannot
make
orders
or
ceremonies
.
In
which
respect
the
[
](A19392-e98500-b)a
a
T.
C.
other
before
alledged
,
thinketh
it
expedient
,
that
hir
Maiestie
should
be
of
some
particular
parish
,
and
so
in
subiection
to
the
censures
of
a
presbyterie
,
either
to
be
suspended
or
excommunicated
,
as
occasion
shall
require
.
Therfore
a
fourth
of
them
prescribeth
generallie
to
princes
,
and
all
other
whomesoeuer
,
if
they
be
not
of
their
presbyterie
,
[
](A19392-e98520-b)b
b
Ecclesiast.
discipl
.
pag.
142.
thus
:
Of
all
these
in
a
maner
this
is
the
onelie
dutie
,
that
they
suffer
themselues
easilie
and
willinglie
to
be
ruled
and
gouerned
by
others
,
whome
God
hath
set
ouer
them
.
But
more
particularlie
[
](A19392-e98540-b)c
c
Ibi.
pa.
285.
else-where
speaking
of
kings
and
magistrats
,
he
saith
:
These
no
lesse
than
the
rest
must
obey
and
yeeld
to
the
iust
authoritie
of
the
ecclesiasticall
magistrates
.
Therefore
another
besides
all
these
saith
,
that
not
onelie
[
](A19392-e98560-b)d
d
Daneus
.
par.
2.
Isag
.
li.
2.
cap.
62.
The
consistorie
may
and
ought
to
admonish
the
magistrate
,
which
is
negligent
in
punishing
vice
:
but
[
](A19392-e98580-b)e
e
Ibid.
ca.
67.
also
may
vpon
knowledge
of
the
cause
taken
,
excommunicate
euen
the
cheefe
magistrate
,
vnto
the
which
he
ought
to
submit
himselfe
.
And
therefore
he
saith
,
that
which
is
brought
as
out
of
Augustine
,
that
a
prince
may
not
be
excommunicated
:
In
additio
.
ad.
3.
2.
Thomae
,
dooth
not
hinder
this
,
bicause
it
is
false
.
And
least
this
dutie
,
though
it
be
verie
rigorouslie
exacted
,
should
but
slenderlie
be
performed
,
one
of
them
[
](A19392-e98620-b)f
f
T.
C.
pa.
645
also
saith
:
Princes
must
remember
to
subiect
themselues
to
the
church
,
and
to
submit
their
scepters
,
to
throwe
downe
their
crownes
before
the
church
,
yea
,
to
licke
the
dust
of
the
feet
of
the
church
.
Meaning
(
as
appeareth
)
by
the
name
of
the
Church
,
their
presbyterie
.
And
[
](A19392-e98650-b)*
*
Br.
another
(
whome
I
would
not
deigne
to
speake
of
,
but
that
he
agreeth
with
them
herein
)
saith
:
Kings
must
be
bound
with
chaines
,
and
the
nobles
with
fetters
of
yron
:
meaning
by
the
authoritie
of
the
eldership
or
presbyterie
.
And
againe
,
They
must
obeie
the
scepter
(
that
is
to
saie
the
gouernement
of
Christ
in
their
elderships
)
if
they
be
christians
,
which
scepter
subdueth
people
vnto
vs
,
and
the
nations
vnder
our
feet
.
Moreouer
,
speaking
of
hir
Maiesties
souereigntie
in
causes
ecclesiasticall
he
saith
:
The
head
Christ
is
pulled
downe
,
and
the
hand
of
the
magistrate
is
set
vp
.
But
as
we
haue
now
séene
their
ioint
accord
,
in
taking
from
princes
,
and
throwing
them
downe
from
that
power
in
ecclesiasticall
gouernement
,
where
with
all
God
hath
adorned
them
:
so
let
vs
consider
how
much
,
naie
hold
little
some
of
them
doo
attribute
vnto
princes
in
this
behalfe
.
For
although
our
Abstractor
,
who
can
temporise
and
plaie
the
part
of
a
politike
proctor
of
Presbyterie
patrones
,
[
](A19392-e98700-b)a
a
Pag.
92.
dooth
saie
,
That
hir
Maiestie
is
a
souereigne
,
a
sole
,
and
a
lawfull
gouernesse
in
all
causes
,
and
ouer
all
persons
ecclesiasticall
:
yet
other
of
them
(
whome
he
loues
and
likes
full
well
I
dare
saie
)
doo
[
](A19392-e98720-b)b
b
T.
C.
giue
authoritie
vnto
princes
,
to
make
ecclesiasticall
decrées
,
onlie
when
there
is
no
lawfull
ministerie
.
Notwithstanding
others
of
them
[
](A19392-e98730-b)c
c
Admo
.
2.
pag.
8.
57.
thinke
,
they
may
yéeld
no
further
power
vnto
princes
,
than
to
bind
them
to
the
restoring
of
their
ecclesiasticall
presbyteries
:
that
after
that
once
performed
,
they
themselues
may
make
vp
their
church-orders
;
according
vnto
which
the
reformed
churches
in
France
doo
attribute
no
more
to
the
ciuill
magistrate
here
in
,
but
[
](A19392-e98750-b)d
d
Art.
24.
de
la
discipline
du
France
.
that
Where
the
ministers
doo
saile
in
dutie
,
there
he
must
endeuour
to
cause
them
to
be
admonished
according
to
the
order
of
the
discipline
:
that
is
,
by
the
Consistories
,
the
Conferences
and
Synods
,
either
Prouinciall
or
Nationall
.
Therefore
[
](A19392-e98770-b)e
e
Danaeus
par.
2.
Isag
.
li.
2.
cap.
17.
one
of
them
saith
,
that
This
is
the
interest
which
good
and
faithfull
magistrates
haue
,
that
if
they
be
present
at
the
first
nomination
and
election
of
ecclesiasticall
persons
,
yet
they
ought
not
to
rule
there
.
For
they
may
not
nominate
to
the
people
or
senate
ecclesiasticall
,
the
persons
to
be
chosen
.
But
[
](A19392-e98790-b)a
a
Ibid.
ca.
19.
in
another
place
he
confesseth
,
that
in
old
time
the
kings
consent
was
required
to
be
had
vnto
the
Bishop
which
was
chosen
,
Bernard
.
epist.
170.
&c.
Reatina
.
dist.
63.
before
he
was
presented
to
the
people
.
And
in
the
same
place
he
addeth
:
That
when
the
Bishops
See
is
void
,
the
prince
ought
not
to
enjoy
the
fruits
of
the
Bishoprike
.
Which
(
saith
he
)
though
by
the
royall
prerogatiue
it
be
obserued
in
France
.
Yet
Bernard
.
epist.
224.
dooth
iustlie
find
fault
with
it
,
because
the
said
fruits
might
better
be
disposed
of
,
to
the
nourishment
of
the
poore
.
Yet
one
of
our
[
](A19392-e98830-b)b
b
Disciplina
ecclesiast.
owne
men
dealeth
a
little
more
liberallie
,
and
saith
:
Herein
there
is
something
proper
and
peculiar
to
the
magistrats
,
that
they
by
their
authoritie
may
order
the
state
of
the
church
at
first
,
and
so
preserue
it
being
once
ordered
,
according
to
Gods
will
.
So
that
their
meaning
séemeth
to
be
this
,
that
the
prince
must
lend
hir
authoritie
,
for
the
establishing
of
these
their
deuises
,
and
sée
that
no
man
interrupt
them
in
their
gouernement
from
time
to
time
,
and
so
surcease
,
and
submit
hir
owne
Highnesse
and
hir
scepter
,
in
all
church
mattes
to
be
ruled
by
the
substantiall
honest
men
,
and
the
minister
of
the
parish
,
where
it
shall
happen
hir
Maiestie
for
the
time
to
remaine
.
For
otherwise
[
](A19392-e98850-b)c
c
T.
C.
2.
repl.
pag.
165.
one
of
the
chiefe
of
them
is
peremptorie
and
resolute
,
that
the
prince
hath
not
,
nor
ought
to
haue
any
ordinarie
authoritie
,
for
the
making
,
appointing
,
or
determining
of
any
ecclesiasticall
causes
,
orders
,
or
ceremonies
.
Whereby
it
may
appeare
,
that
this
whole
sute
of
them
doo
agrée
herein
iust
with
the
Papists
:
who
doo
attribute
vnto
christian
princes
Power
of
fact
,
but
not
of
law
:
and
authoritie
to
Promote
and
set
forward
,
but
not
To
appoint
or
intermedle
with
making
of
ecclesiasticall
orders
.
And
yet
forsooth
,
they
doo
tell
vs
in
great
earness
,
[
](A19392-e98900-b)d
d
Admon
.
2.
pag.
2.
that
There
is
nothing
in
their
bookes
(
written
of
this
matter
)
that
should
offend
any
,
which
either
be
,
or
would
seeme
to
be
godlie
.
Now
,
about
those
that
are
to
be
implosed
in
this
new
kind
of
church
gouernement
,
there
are
diuerse
opinions
:
for
the
Discipline
of
France
dooth
[
](A19392-e98930-b)a
a
Des
professeurs
en
la
discipl
.
de
France
.
mention
certeine
Regents
and
also
Professors
in
diuinitie
,
which
may
be
called
,
when
a
question
about
decision
of
any
point
of
doctrine
dooth
arise
:
neither
of
which
persons
or
offices
,
are
mentioned
in
anie
of
our
platformes
,
that
I
remember
.
Againe
,
our
[
](A19392-e98960-b)b
b
Admon
.
1.
pag.
9.
men
doo
make
ministers
to
be
of
two
sorts
,
the
one
pastors
,
and
the
other
doctors
;
so
that
both
these
two
must
concurre
,
as
necessarie
members
,
wherevpon
with
the
elders
and
deacons
,
their
presbyterie
must
be
raised
:
but
[
](A19392-e98970-b)c
c
Du
Baptesine
art.
3.
La
discipl
.
de
France
.
the
Discipline
of
France
maketh
not
a
distinct
person
of
the
pastor
from
the
doctor
,
but
noteth
them
as
two
seuerall
properties
incident
according
to
the
doctrine
of
S.
Paule
,
to
be
in
a
minister
and
preacher
of
the
word
.
And
that
is
also
the
iudgement
of
Bullinger
vpon
the
4.
to
the
Ephesians
.
Also
our
reformers
make
the
doctor
to
be
the
second
man
in
their
presbyterie
:
yet
[
](A19392-e99020-b)d
d
De
eccles.
cap.
14.
Bertrand
affirmeth
,
he
ought
to
haue
no
place
there
,
except
he
be
called
by
the
rest
as
an
Assistant
.
[
](A19392-e99050-b)e
e
Admon
.
1.
pag.
9.
&
11.
Likewise
our
men
with
vs
doo
hold
,
that
deacons
are
to
be
placed
in
their
consistories
and
presbyteries
:
but
the
[
](A19392-e99060-b)f
f
Ibidem
.
said
Bertrand
assureth
himselfe
,
they
haue
no
place
of
dutie
in
that
assemblie
.
And
such
also
is
the
practise
of
the
church
of
France
,
[
](A19392-e99090-b)g
g
Du
consistoire
art.
4.
le
discipl
.
d●
France
.
where
they
decree
thus
:
The
ministers
of
the
word
of
God
,
and
the
anciens
doo
make
the
consistorie
of
the
church
,
ouer
which
the
said
ministers
ought
to
be
praesidents
:
and
yet
neuerthelesse
the
deacons
may
giue
assistance
to
the
consistorie
,
for
aduise
vnto
it
:
so
that
they
allow
them
a
voice
consultatiue
,
but
not
decisiue
,
in
their
church
gouernement
.
Furthermore
,
our
innouators
will
needs
haue
the
deacons
tied
to
the
prouision
for
the
poore
,
so
that
without
great
impietie
such
a
function
in
them
may
not
by
any
other
deuise
whatsoeuer
,
be
altered
:
yet
[
](A19392-e99110-b)h
h
Simlerus
.
fol.
752.
in
the
reformed
church
of
Zurike
,
certeine
late
men
,
without
any
imposition
of
hands
,
are
monethlie
chosen
for
that
purpose
,
and
haue
the
managing
of
the
church
stocke
.
[
](A19392-e99130-b)a
a
T.
C.
pa.
192
Some
of
the
principall
inforcers
of
this
new
gouernement
,
will
néeds
haue
an
order
of
widowes
in
their
church
plat
.
And
[
](A19392-e99140-b)b
b
Dane
.
part
.
2.
Isagog
.
lib.
2.
ca.
11.
another
of
their
fauourers
though
he
setteth
downe
no
necessitie
thereof
,
yet
he
thinketh
it
verie
commodious
to
be
reteined
:
yet
[
](A19392-e99150-b)c
c
Eccles.
discipl
.
pag.
219
other
of
them
not
meanclie
accompted
of
,
would
persuade
vs
(
as
he
may
herein
easilie
doo
)
that
they
neither
are
necessarie
now
,
nor
conuenient
.
Likewise
our
men
doo
tell
vs
,
that
their
elders
or
seniors
once
chosen
,
are
not
(
but
vpon
some
vrgent
occasion
)
to
be
remoued
out
of
the
presbyterie
:
yet
[
](A19392-e99160-b)d
d
Simlerus
.
fol.
157.
the
church
at
Berna
holdeth
it
expedient
,
that
none
doo
continue
in
that
function
aboue
halfe
a
yeare
,
except
he
be
newlie
elected
.
And
the
discipline
set
foorth
by
the
church
of
France
dooth
[
](A19392-e99190-b)e
e
Des
anciens
&
diacres
art
7.
la
discipl
.
de
France
.
testifie
,
that
The
office
of
anciens
and
deacons
(
as
they
vse
it
)
at
this
present
is
not
perpetuall
:
neuerthelesse
they
may
not
depart
from
their
charges
,
without
leaue
of
their
churches
.
And
[
](A19392-e99210-b)f
f
Danae
.
part
.
2.
Isag
.
lib.
2.
cap.
22.
another
of
them
saith
,
that
Although
it
doth
not
appeare
what
was
done
in
this
behalfe
in
the
church
,
when
the
apostles
liued
,
and
albeit
it
be
euident
,
that
in
the
church
next
to
the
apostles
times
presbyteri
and
deacons
were
chosen
during
life
:
yet
in
their
church
,
pastors
onelie
are
chosen
for
the
most
part
for
the
terme
of
their
life
;
but
deacons
and
presbyteri
or
seniors
,
after
a
certeine
time
expired
,
doo
go
forth
of
their
office
,
and
are
honestlie
dismissed
.
Furthermore
[
](A19392-e99230-b)g
g
T.
C.
our
men
doo
constantlie
affirme
,
that
this
their
deuised
presbyterie
ought
to
be
erected
in
euerie
parish
:
but
another
that
did
[
](A19392-e99240-b)h
h
Bucer
.
partlie
like
of
such
a
reformation
,
thinketh
it
sufficient
to
haue
one
such
consistorie
established
in
euerie
shire
or
diocesse
.
And
[
](A19392-e99250-b)i
i
Danae
.
part
.
2.
Isag
.
lib.
2.
ca.
10.
Danaeus
saith
,
that
in
old
time
such
presbyteries
were
not
erected
in
euerie
seuerall
parish
,
but
in
great
and
populous
cities
.
Which
like
course
also
somewhere
to
haue
béene
practised
,
manie
doo
know
,
and
can
testifie
.
Yea
,
and
of
the
other
side
we
doo
read
,
that
in
some
one
particular
[
](A19392-e99270-b)*
*
Du
consistoire
.
art.
8.
lae
discipl
.
de
France
.
church
,
two
seuerall
consistories
or
councels
haue
béene
established
,
till
vpon
inconueniences
arising
,
that
deuise
was
countermanded
,
and
both
reduced
into
one
presbyterie
:
those
councels
which
were
dissolued
,
being
permitted
(
vpon
request
made
)
to
come
and
consult
with
the
consistorie
.
But
now
I
will
passe
on
,
to
touch
as
brieslie
as
I
can
,
some
of
their
iudgements
,
touching
such
matters
as
are
to
be
handled
in
their
presbyteries
,
consisting
in
election
and
abdication
of
church-officers
:
in
execution
of
the
censures
of
the
church
,
and
in
decision
of
matters
touching
maners
or
doctrine
,
and
making
of
lawes
,
orders
,
and
ceremonies
.
Now
[
](A19392-e99280-b)a
a
Admon
.
2.
pa.
14.
&
31.
by
the
platforme
set
downe
by
our
reformers
,
if
anie
partie
stand
discontented
with
a
matter
passed
in
the
presbyterie
,
then
there
lieth
an
appellation
to
the
next
Conference
(
which
[
](A19392-e99300-b)b
b
La
discip
.
France
,
art.
15.
consisteth
,
as
the
French
discipline
describeth
,
of
six
ministers
at
the
least
:
)
from
thence
to
a
Prouinciall
councell
,
and
then
to
a
Nationall
;
and
if
it
can
not
be
so
finished
,
and
be
also
of
great
importance
,
it
may
be
againe
remoued
to
a
Generall
councell
.
But
the
discipline
of
France
dooth
not
thinke
it
meet
that
any
cause
should
be
brought
so
far
:
and
therefore
[
](A19392-e99350-b)c
c
Des
Synodes
nationaulx
art.
5.
la
discipl
.
de
France
.
decideth
that
the
Nationall
Synod
may
decide
definitiuelie
,
all
ecclesiasticall
matters
whatsoeuer
.
And
as
concerning
the
first
point
,
although
it
be
most
euident
,
that
no
one
vniforme
manner
of
electing
of
ecclesiasticall
officers
was
vsed
by
the
Apostles
,
nor
commanded
to
the
church
afterwards
,
so
that
the
church
is
left
at
libertie
to
practise
that
forme
herein
,
which
shall
séeme
most
conuenient
,
considering
the
circumstances
of
time
,
persons
,
&
place
:
yet
[
](A19392-e99380-b)d
d
Admon
.
2.
pag.
14.
our
Innouators
doo
appoint
necessarilie
,
the
choise
and
prouiding
of
a
pastor
or
doctor
,
to
rest
in
the
next
Conference
,
whom
(
being
presented
vnto
them
)
the
people
are
of
necessitie
to
like
and
allow
of
,
except
there
may
be
sufficient
matter
obiected
against
them
.
But
the
discipline
of
France
,
though
[
](A19392-e99420-b)e
e
La
discipl
.
de
France
,
art.
5.
it
allow
euen
of
such
ministers
(
so
they
will
subscribe
to
the
articles
of
faith
&
the
booke
of
discipline
)
as
haue
béene
chosen
by
the
whole
multitude
,
and
[
](A19392-e99430-b)f
f
Ibid.
art.
4.
of
those
ministers
also
that
were
before
that
time
chosen
by
the
consistorie
,
and
by
one
onelie
minister
:
yet
they
[
](A19392-e99440-b)g
g
Ibidem
.
set
downe
thrée
other
ordinarie
formes
to
be
obserued
of
choosing
their
ministers
,
all
differing
from
our
mens
platforme
.
One
is
,
by
two
or
thrée
ministers
,
and
the
consistorie
:
another
is
by
the
whole
Conference
where
anie
such
is
established
with
the
Consistorie
or
Presbyterie
of
the
place
:
and
the
third
(
as
most
to
be
wished
where
it
may
be
had
)
is
by
a
prouinciall
councell
.
But
our
Abstractor
varieth
in
conceit
from
all
these
,
and
pricketh
neerest
to
the
platforme
of
Th'
Anabaptists
,
who
thinke
no
calling
into
the
ministerie
to
be
according
to
the
will
of
God
,
but
that
which
is
done
by
the
whole
multitude
of
that
congregation
,
where
he
is
to
serue
.
And
therefore
he
[
](A19392-e99480-b)*
*
Abstract
.
pa.
60.
61.
62.
saith
,
that
By
the
statute
law
of
this
land
,
by
canon
law
,
yea
and
by
Gods
ordinance
in
the
apostles
,
when
the
deacons
were
chosen
;
the
people
of
the
place
destitute
of
a
pastor
,
must
be
present
,
and
giue
their
consent
at
the
choise
of
their
minister
:
that
they
must
giue
their
consents
as
hauing
a
principall
interests
in
the
action
,
and
must
not
onelie
be
eie-witnesses
and
eare-witnesses
to
the
Bishops
vpright
dealing
,
but
also
must
be
agents
and
cohelpers
themselues
:
that
they
haue
in
the
choise
,
allowance
,
and
appointment
of
their
minister
,
a
speciall
interest
and
prerogatiue
,
in
so
much
that
he
which
thinketh
this
may
receiue
by
any
a
counterbuffe
,
he
(
for
his
part
)
holdeth
him
accursed
,
and
so
vtterlie
vnworthie
the
name
of
a
disciple
:
By
which
peremptorie
and
definitiue
doome
,
he
hath
giuen
a
buffe
and
acounterbuffe
indeed
,
not
onelie
to
this
church
of
England
,
but
to
all
our
new
reformers
here
,
to
the
French
church
,
and
almost
to
all
the
reformed
churches
in
christendome
:
whereof
verie
few
or
none
(
that
&
can
read
of
)
doo
permit
(
after
they
be
once
established
)
the
election
of
the
minister
vnto
the
whole
multitude
;
for
the
which
cause
they
must
remaine
vnder
his
cursse
,
till
it
shall
please
him
of
his
owne
meere
motion
,
without
anie
sute
of
theirs
,
to
release
them
againe
.
For
some
[
](A19392-e99510-b)*
*
Danae
.
par.
2
Isag
.
li.
ca.
17.
other
of
the
best
learned
of
that
sort
,
will
not
haue
the
magistrate
or
people
to
haue
anie
thing
to
doo
in
the
election
,
till
it
come
to
the
second
election
or
d●●udication
by
the
magistrate
and
the
people
,
wherein
,
[
](A19392-e99530-b)*
*
Ibid.
cap.
20.
their
silence
(
he
saith
)
without
anie
other
signe
or
token
,
shall
be
holden
for
a
sufficient
approbation
:
[
](A19392-e99550-b)*
*
Ibid.
cap.
19.
and
although
he
thinketh
it
in
some
respects
not
to
be
vsed
,
that
two
or
three
should
be
propounded
to
the
church
for
the
void
place
,
but
rather
one
alone
,
contrarie
indeed
to
the
true
nature
of
an
election
,
as
he
himselfe
obserueth
:
*
yet
bicause
Ibid.
cap.
20.
some
was
of
opinion
,
that
in
all
elections
,
we
were
to
vse
lots
,
he
refuseth
their
iudgement
,
and
saith
,
that
this
is
neuer
to
be
vsed
,
but
when
there
is
such
an
equalitie
of
all
sides
,
that
otherwise
it
cannot
be
iudged
,
which
of
manie
ought
to
be
preferred
.
Furthermore
,
our
reformers
by
the
drift
of
their
spéeches
deliuered
in
their
bookes
,
doo
seeme
for
the
most
part
to
attribute
the
remoouing
of
the
pastor
,
or
of
any
other
church-officer
to
the
presbyterie
:
but
[
](A19392-e99580-b)*
*
La
discipl
.
de
France
.
art.
34.
the
Discipline
of
France
adioineth
to
the
Consistorie
in
this
action
,
the
next
Conference
;
or
vpon
want
thereof
,
two
other
pastors
not
suspected
.
Naie
themselues
doo
establish
a
difference
according
to
the
diuersitie
of
times
,
in
their
owne
elections
.
For
they
saie
,
that
In
those
places
where
[
](A19392-e99640-b)*
*
Des
anciens
&
diacres
〈◊〉
1.
la
disci
.
de
France
.
their
order
is
not
yet
established
,
both
the
deacons
and
anciens
shall
be
chosen
by
the
common
voices
of
the
people
,
together
with
their
pastor
:
but
where
the
order
is
established
,
there
they
are
to
be
chosen
by
the
Consistorie
together
with
their
minister
.
By
which
words
also
it
seemeth
to
me
,
that
in
elections
of
ecclesiasticall
officers
,
they
doo
yeeld
to
their
ministers
a
negatiue
voice
against
all
the
rest
.
Againe
,
Our
reformers
doo
earnestlie
tell
vs
,
that
the
people
are
to
giue
their
consent
in
all
their
elections
and
censures
:
but
[
](A19392-e99670-b)*
*
L●
confuta●ion
de
la
dis.
ecclesiast.
some
in
France
,
that
like
of
that
gouernement
,
doo
hold
that
it
is
not
requisit
.
Againe
it
is
an
vsuall
practise
among
some
of
our
mislikers
,
vpon
any
discontentment
,
or
peraduenture
vpon
delight
in
some
other
trade
of
secular
life
,
to
picke
a
quarell
to
giue
ouer
their
calling
:
insomuch
that
some
of
them
haue
deliuered
it
as
sound
doctrine
,
that
they
might
as
lawfullie
as
any
other
merchants
,
change
their
copie
,
and
betake
themselues
to
a
secular
function
.
But
this
is
vtterlie
condemned
by
the
discipline
of
France
,
where
they
saie
[
](A19392-e99700-b)*
*
La
discipl
.
de
France
.
ar.
10.
that
Those
which
be
once
chosen
to
the
ministerie
of
the
word
,
ought
to
vnderstand
,
that
they
are
chosen
to
be
ministers
their
whole
life
through
,
if
they
be
not
thereof
discharged
lawfullie
,
vpon
good
reasons
and
considerations
;
yea
,
and
that
by
a
prouinciall
councell
.
And
as
touching
such
as
forsake
their
ministerie
,
they
shall
be
finallie
excommunicate
by
the
prouinciall
synod
,
if
they
repent
not
.
Now
,
touching
the
inflicting
of
ecclesiasticall
censures
,
there
is
also
some
varietie
of
iudgement
.
Our
men
(
as
you
haue
heard
)
require
a
consent
or
approbation
of
the
people
to
such
censures
Ecclesiasticall
,
as
are
to
be
imposed
;
whereas
the
discipline
of
France
[
](A19392-e99750-b)*
*
Des
delinquans
,
&c.
art.
1.
la
disci
.
de
France
.
requireth
no
such
matter
,
but
appointeth
three
publike
denuntiations
by
authoritie
of
the
presbyterie
to
be
made
concerning
obstinate
offenders
,
in
the
face
of
the
church
,
to
see
whether
therby
they
may
be
called
back
to
repentance
,
before
excommunication
:
which
at
the
last
,
if
the
parties
doo
not
submit
themselues
,
is
to
be
pronounced
by
the
minister
,
after
the
said
three
publike
intimations
.
Likewise
,
where
vpon
speciall
occasion
some
minister
is
to
be
declared
a
Schismatike
,
by
that
discipline
,
none
other
are
to
[
](A19392-e99770-b)*
*
Art.
5.
la
dis.
de
France
.
intermeddle
therein
,
but
either
the
Conference
,
or
for
want
thereof
,
three
or
foure
other
ministers
of
the
next
churches
,
togither
with
the
Anciens
or
Seniors
of
the
said
churches
.
Neuerthelesse
,
it
is
verie
euident
by
[
](A19392-e99810-b)*
*
1.
ad
Cor.
●
scripture
,
that
S.
Paule
being
absent
did
decree
,
that
the
incestuous
person
should
be
excommunicate
,
hauing
there
to
neither
publike
denuntiation
afore
,
nor
yet
consent
of
anie
other
minister
,
senior
,
or
deacon
.
In
[
](A19392-e99840-b)*
*
1.
ad
Tim.
1
like
maner
did
he
alone
excommunicate
Alexander
and
Hymenaeus
.
But
the
Abstractor
both
vtterlie
against
our
owne
Reformers
,
and
the
discipline
of
the
French
church
saith
,
that
*
there
is
a
Pag.
4
,
37.
Discipline
commanded
by
the
Lord
,
and
in
truth
established
by
the
lawes
of
hir
Highnesse
empire
:
which
*
is
,
Pag.
33
That
euerie
minister
may
as
well
admonish
,
denounce
,
and
excommunicate
offenders
within
his
charge
,
as
a
Bishop
may
within
his
diocesse
.
So
that
he
attributeth
the
whole
authoritie
of
the
presbyterie
in
matters
of
censure
to
the
minister
of
euerie
parish
:
and
the
power
giuen
by
others
vnto
the
Conferences
and
Synods
prouinciall
,
he
yeeldeth
(
as
it
seemeth
)
vnto
the
Bishop
of
the
Diocesse
.
There
remaineth
yet
a
little
to
be
touched
concerning
as
well
the
decision
of
all
doubts
,
which
may
arise
touching
doctrine
or
maners
:
as
also
the
making
and
establishing
of
lawes
,
orders
,
and
ceremonies
.
For
doubts
arising
vpon
matter
of
doctrine
,
some
of
our
plat-laiers
doo
make
it
,
as
a
thing
incident
to
euerie
presbyterie
:
yet
[
](A19392-e100000-b)*
*
Ad.
2.
pa.
10
other
of
them
doo
re●raine
it
vnto
the
decision
of
a
Conference
consisting
of
Ministers
.
And
[
](A19392-e100040-b)*
*
Du
consistoire
art.
10.
la
discipl
.
de
France
.
the
discipline
of
France
dooth
referre
it
both
to
the
Conferences
,
and
the
Synods
determination
,
yet
so
that
the
Ministers
and
Professors
in
diuinitie
must
onelie
haue
voices
decisiue
,
though
the
Anciens
or
Seniors
may
haue
voices
consultatiue
,
and
of
aduise
.
Neither
is
their
agreement
any
better
,
touching
particular
decisions
of
some
points
of
doctrine
.
For
some
of
them
doo
mislike
the
orders
of
our
church
so
farre
,
that
they
thinke
they
may
not
lawfullie
come
to
our
ordinarie
seruice
,
nor
communicate
with
vs
,
for
want
of
their
(
dreamed
of
)
reformation
:
but
others
,
though
verie
well
disposed
,
yet
scrupulouslie
affected
in
matters
of
no
moment
,
doo
*
plainelie
testifie
vnder
Certeine
godlie
ministers
.
their
hands
,
that
this
is
schismaticall
,
and
that
no
man
ought
to
sequester
himselfe
from
the
publike
assemblies
,
in
respect
of
anie
surmised
inconueniences
,
in
our
publike
liturgie
prescribed
.
Againe
,
some
are
of
opinion
(
as
elsewhere
before
is
alledged
)
that
Baptisme
ministred
by
any
not
lawfullie
called
therevnto
,
is
wholie
void
:
but
our
Abstractor
thinketh
,
though
manie
of
such
as
are
commonlie
reputed
ministers
,
are
none
indeed
nor
in
law
,
yet
*
that
a
Pa.
97.
98.
9●
common
error
conceiued
otherwise
of
them
,
shall
make
good
and
forceable
the
administration
of
sacraments
,
and
of
other
functions
of
the
ministerie
,
executed
by
them
.
Also
some
of
our
Hot
spurs
cannot
abide
the
hauing
of
godfathers
and
godmothers
,
bicause
they
are
not
mentioned
in
scripture
:
but
the
Discipline
of
France
,
though
it
cannot
[
](A19392-e100180-b)*
*
Du
baptisme
art.
6.
la
dis●
.
de
Fran●●
.
exact
them
as
of
any
necessitie
,
being
not
commanded
in
the
scripture
:
yet
dooth
it
verie
well
allow
of
them
,
and
establish
their
continuance
.
Likewise
[
](A19392-e100190-b)*
*
T.
C.
pag.
14●
some
of
our
cheefe
Reformers
doo
wholie
mislike
,
that
baptisme
vpon
any
occasion
is
ministred
in
a
priuat
place
out
of
the
church
:
but
the
discipline
of
France
thinketh
this
no
vnlawfull
thing
,
and
therfore
aduiseth
the
minister
,
not
[
](A19392-e100230-b)*
*
Du
baptis
.
art.
7.
da
disci
.
de
France
.
to
doubt
to
baptize
a
child
priuatelie
,
and
without
any
assemblie
,
when
as
for
feare
of
persecution
or
such
like
,
they
dare
not
meet
togither
.
Againe
,
some
of
[
](A19392-e100240-b)*
*
T.
C.
p●g.
152.
153.
ours
doo
thinke
it
simplie
vnlawfull
,
to
haue
anie
holiedaies
,
as
the
feasts
of
the
Natiuitie
,
Easter
,
and
Pentecost
,
besides
the
Sabboth
daie
,
because
they
thinke
it
an
absolute
precept
,
Six
daies
shalt
thou
labour
.
But
the
church
reformed
at
[
](A19392-e100300-b)*
*
Ca.
8.
de
Ferijs
,
in
libro
de
ritibus
eccle.
Tigurin●
.
Zurike
,
yea
and
most
of
the
reformed
churches
in
the
world
doo
obserue
some
such
feasts
,
besides
the
Lords
daie
.
Furthermore
,
our
Abstractor
(
as
you
haue
heard
)
dooth
condemne
it
as
vnlawfull
to
haue
those
reteined
to
be
ministers
of
the
gospell
,
that
haue
beene
Popish
priests
,
and
the
like
is
the
opinion
of
the
[
](A19392-e100350-b)*
*
Admon
.
1.
Admonitors
.
But
[
](A19392-e100380-b)*
*
La
discipl
.
de
France
.
art.
3.
the
discipline
of
France
dooth
permit
both
Bishops
and
Priests
to
aspire
to
the
ministerie
of
the
gospell
,
after
renouncing
of
their
former
faults
:
yet
so
as
[
](A19392-e100420-b)*
*
Dan●us
part
.
2.
Isoq●
li.
2.
cap.
●2
.
another
of
them
dooth
teach
,
that
they
may
not
aspire
to
anie
higher
ecclesiasticall
office
,
than
they
had
afore
,
but
reteine
the
old
,
and
that
also
with
a
new
creation
:
bicause
the
old
character
(
he
saith
)
is
by
the
heresie
worne
out
.
Againe
,
it
is
verie
vsuall
with
manie
of
reforming
humors
,
to
take
no
benefice
or
set
pas●orall
charge
,
but
to
preach
there
,
where
they
either
haue
a
sufficient
preacher
alreadie
:
or
in
great
townes
,
where
least
néed
is
of
their
helpe
,
and
they
are
in
that
respect
with
many
better
accompted
of
.
But
our
Abstractor
condemneth
all
such
absolute
ordinations
without
any
certeine
title
,
and
this
vagarant
kind
of
ministerie
,
and
so
dooth
another
great
[
](A19392-e100440-b)*
*
T.
C.
pag.
63.
man
amongst
them
:
which
misliketh
wholie
,
that
any
are
suffered
to
preach
which
hath
no
pastorall
charge
.
Whereby
he
withall
dooth
couertlie
condemne
all
such
,
as
vnder
the
name
of
doctors
,
as
an
office
,
not
as
a
degrée
of
schooles
,
hauing
no
title
,
but
being
set
vp
and
hired
to
discountenance
the
pastors
,
doo
inuade
their
cures
and
charges
oftentimes
euen
against
their
mind
and
good
liking
.
Also
the
same
man
condemneth
as
vnlawfull
,
and
thinketh
it
is
T.
C.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
for
one
minister
to
preach
in
anothers
cure
.
Yet
those
amongst
vs
,
that
otherwise
stand
like
affected
with
him
,
doo
as
much
vse
and
practise
this
as
any
other
.
And
[
](A19392-e100470-b)a
a
Des
minist.
art.
18.
la
dis.
de
France
.
the
discipline
of
France
setteth
downe
a
forme
,
in
what
maner
one
church
may
lend
a
minister
vnto
another
:
and
[
](A19392-e100490-b)b
b
Ibid.
ar.
17.
decideth
likewise
,
that
with
licence
of
two
or
thrée
other
ministers
,
such
as
haue
departed
from
a
church
vpon
occasion
,
may
preach
,
before
the
matter
(
for
their
placing
againe
)
be
ordered
by
the
Conference
or
Synod
.
It
hath
likewise
beene
holden
and
defended
publikelie
,
that
it
is
sincerelie
vnlawfull
to
shift
from
any
congregation
to
another
:
but
[
](A19392-e100520-b)c
c
Ibid.
art.
10.
12
,
13
,
16
,
27
the
reformed
churches
of
France
doo
in
manie
cases
permit
it
.
Now
as
concerning
the
establishing
of
lawes
,
orders
,
and
ceremonies
,
and
in
the
things
themselues
,
there
is
like
varietie
of
iudgement
among
them
.
For
some
[
](A19392-e100540-b)d
d
Admo
.
2.
pag.
46.
of
them
doo
yéeld
authoritie
to
euerie
consistorie
to
make
and
abolish
such
orders
and
ceremonies
,
as
they
shall
thinke
conuenient
for
the
rest
of
the
congregation
;
and
in
this
respect
[
](A19392-e100550-b)e
e
Ibid.
pa.
11.
they
hold
,
that
euerie
presbyterie
may
differ
from
another
in
orders
and
ceremonies
:
but
[
](A19392-e100560-b)f
f
Eccles.
disci
.
726.
other
of
them
would
haue
no
such
thing
ordered
,
but
either
by
a
Prouinciall
or
Nationall
synod
.
And
the
discipline
of
France
dooth
thinke
it
most
expedient
,
that
all
the
churches
of
one
nation
,
reteine
an
vniformitie
of
orders
and
ceremonies
,
to
the
which
they
[
](A19392-e100600-b)a
a
Du
consistoire
art.
2.
la
discipl
.
doo
earnestlie
exhort
those
churches
amongst
them
,
which
at
the
first
had
receiued
some
other
forme
:
for
which
purpose
they
doo
also
require
a
subscription
,
vnto
the
forme
of
their
discipline
,
and
doo
[
](A19392-e100610-b)b
b
Du
consistoire
art.
19.
en
la
discipl
.
de
France
.
prescribe
it
to
be
read
in
their
consistories
at
the
least
at
the
times
of
Communions
.
Our
Reformers
doo
plainlie
tell
vs
that
the
dutie
of
the
Seniors
dooth
onelie
consist
in
ruling
,
and
the
deacons
in
prouiding
for
the
poore
:
but
till
it
was
otherwise
ordered
in
diuerse
[
](A19392-e100650-b)c
c
Des
anciens
&
diacres
,
art.
3.
&
4.
ibidem
.
reformed
churches
in
France
,
the
deacons
did
publikelie
catechize
,
and
yet
still
for
the
necessitie
of
the
times
,
they
and
the
seniors
are
permitted
(
being
therevnto
chosen
by
the
consistorie
)
to
catechize
in
priuate
families
.
Likewise
[
](A19392-e100670-b)d
d
Admo
.
1.
pag.
6.
16.
at
the
first
our
Reformers
did
wholie
reiect
a
prescript
forme
of
praier
and
diuine
seruice
in
the
church
,
vpon
occasion
peraduenture
that
the
French
churches
vpon
certeine
[
](A19392-e100700-b)e
e
Du
consistoire
.
art.
2.
considerations
to
themselues
best
knowne
,
had
refused
the
hauing
of
ordinarie
praiers
euerie
daie
,
morning
and
euening
,
in
the
church
,
when
they
had
no
sermon
.
But
now
(
I
take
it
)
hauing
heard
that
in
[
](A19392-e100710-b)f
f
Videritus
ecclesi
.
Tigutinae
.
most
reformed
churches
,
yea
euen
in
Geneua
and
in
Scotland
,
they
reteine
a
prescript
forme
of
liturgie
,
they
are
content
to
let
that
conceit
vanish
.
Againe
,
it
hath
beene
thought
and
is
yet
by
some
a
verie
heinous
superstition
to
communicate
in
vnleauened
bread
:
but
it
is
notorious
that
yet
this
kind
of
bread
is
vsed
,
and
hath
béen
long
in
the
church
of
Geneua
;
neither
could
they
euer
be
induced
to
change
it
,
bicause
of
the
great
inconueniences
of
all
innouations
,
where
the
thing
is
not
in
it selfe
wicked
.
Morouer
our
Innouators
do
constantlie
hold
,
that
causes
of
matrimonie
,
incest
,
adulterie
,
diuorces
,
and
such
like
handled
in
courts
ecclesiasticall
with
vs
,
are
méere
ciuill
causes
,
&
not
to
apperteine
to
their
reformed
Consistories
:
[
](A19392-e100770-b)g
g
Simlerus
fol.
148.
157.
yet
the
churches
of
Heluetia
doo
still
enterteine
the
knowledge
and
punishment
of
such
causes
and
offenses
.
Yea
,
and
the
Consistories
of
France
doo
intermeddle
with
causes
matrimoniall
,
as
where
they
permit
[
](A19392-e100810-b)a
a
Des
mariages
,
art.
1.
la
discipl
.
de
France
.
authoritie
to
the
Consistorie
to
licence
such
(
if
they
see
cause
)
to
entermarrie
,
whose
parents
frowardlie
doo
refuse
to
yéeld
consent
vnto
them
.
Likewise
[
](A19392-e100830-b)b
b
Ibid.
art.
4.
where
they
haue
decreed
that
it
is
lawfull
for
a
man
to
marrie
the
sister
of
hir
,
vnto
whome
he
was
onelie
espoused
and
betrothed
.
And
[
](A19392-e100840-b)c
c
Ibid.
art.
17
where
they
permit
him
to
vse
his
libertie
to
reteine
or
leaue
his
wife
,
which
hath
beene
conuicted
of
adulterie
.
Moreouer
,
diuerse
of
our
Reformers
doo
thinke
it
vnlawfull
,
as
the
Abstractor
in
this
booke
,
for
an
acclesiasticall
person
to
haue
anie
ciuill
function
:
[
](A19392-e100870-b)d
d
Du
consistoire
art.
5.
ibidem
.
yet
the
discipline
of
France
,
and
their
owne
whole
platforme
doo
permit
a
ciuill
Magistrate
reteining
his
former
office
to
be
chosen
a
Senior
in
their
ecclesiasticall
Presbyterie
,
&
so
to
become
an
ecclesiasticall
person
:
yea
they
doo
[
](A19392-e100920-b)e
e
Ibid.
art.
3.
prescribe
to
their
Ministers
to
make
pasports
for
passengers
from
one
church
to
another
,
which
is
a
ciuill
dutie
,
as
may
appeare
by
the
like
practise
by
Iustices
of
the
peace
with
vs
.
And
(
I
praie
you
)
is
not
this
a
good
conuersion
,
and
a
sound
reason
:
Some
ciuill
magistrate
lawfullie
is
an
ecclesiasticall
person
and
gouernor
,
Ergo
some
ecclesiasticall
person
and
gouernor
lawfullie
is
a
ciuill
magistrate
?
And
if
some
may
be
so
,
what
prerogatiue
may
be
alledged
for
anie
one
,
which
may
not
be
shewed
for
others
?
Againe
,
it
is
thought
by
our
Innouators
to
be
a
great
inconuenience
to
be
barred
from
publishing
what
bookes
(
concerning
religion
)
they
shall
thinke
good
,
which
appeareth
by
their
late
practises
and
disobedience
to
lawes
in
this
behalfe
:
yet
it
was
thought
most
expedient
in
the
reformed
churches
of
France
,
to
[
](A19392-e100980-b)f
f
Aduertisement
,
art.
11.
la
discipl
.
de
France
.
forbid
,
that
Neither
ministers
nor
any
other
should
cause
to
be
printed
or
any
otherwise
published
any
bookes
compiled
by
themselues
,
or
by
others
touching
religion
,
without
imparting
the
said
bookes
first
to
the
Conference
,
and
if
need
were
to
the
Prouinciall
synod
.
Also
in
the
reformed
churches
there
,
it
[
](A19392-e101000-b)g
g
Des
Ministres
,
art.
11.
la
discipl
.
de
France
.
was
thought
most
méet
that
Noble
men
and
great
Lords
,
to
the
intent
all
occasion
of
diuision
might
be
rebated
,
should
be
requested
,
that
in
those
places
of
their
aboad
,
where
there
was
a
church
reformed
,
although
their
owne
familie
were
so
large
,
that
it
might
make
a
sufficient
Congregation
,
yet
it
would
please
them
to
ioine
their
familie
with
the
Congregation
of
that
place
,
where
they
did
remaine
.
And
amongest
vs
manie
be
so
scrupulous
,
that
they
thinke
those
words
vsed
in
the
ordering
of
ministers
,
which
Christ
did
vse
in
the
like
action
,
to
wit
,
Receiue
the
Holie-ghost
,
to
be
verie
fowlie
abused
and
prophaned
:
yet
in
the
[
](A19392-e101060-b)a
a
La
maniere
de
la
imposition
.
maner
of
Imposition
of
hands
ordinarilie
obserued
in
the
churches
of
France
,
in
the
election
of
their
ministers
,
it
is
set
downe
that
the
said
place
of
S.
Iohn
should
be
amongst
other
places
,
at
the
said
time
and
action
repeated
and
treated
of
,
with
that
also
which
is
annexed
,
to
wit
,
Whose
sinnes
ye
remit
,
&c.
Likewise
our
Reformers
of
others
,
are
so
unwilling
to
be
reformed
,
conformed
,
or
vniformed
themselues
,
that
they
thinke
they
are
woonderfull
hardlie
dealt
with
,
and
beyond
all
example
of
other
churches
,
to
be
vrged
to
subscribe
to
the
articles
and
confession
of
religion
,
and
to
the
manner
and
forme
of
externall
discipline
and
gouernement
vsed
in
this
church
of
England
,
whereof
they
are
ministers
:
yet
the
church
of
France
,
which
is
so
admired
by
them
,
and
set
as
a
samplar
by
them
to
be
imitated
,
and
according
to
which
for
the
most
part
they
haue
drawne
out
their
platformes
,
exacteth
[
](A19392-e101140-b)b
b
Des
Ministres
,
art.
5.
la
discipl
.
de
France
.
of
euerie
one
That
hath
beene
chosen
a
minister
by
the
people
,
to
subscribe
vnto
the
articles
of
faith
,
and
to
all
the
order
of
discipline
agreed
vpon
amongst
them
,
which
if
he
refuse
to
doo
,
he
is
by
the
Conference
,
or
by
three
or
foure
ministers
of
the
next
churches
,
togither
with
their
Anciens
,
to
be
declared
a
schismatike
,
and
the
people
is
thereof
to
be
aduertised
,
to
the
intent
they
may
auoid
such
a
man
.
Also
[
](A19392-e101160-b)c
c
Ibid.
art.
9.
those
which
be
chosen
ministers
must
subscribe
to
them
,
both
in
the
churches
where
they
are
chosen
,
and
also
in
the
churches
whither
they
are
to
be
sent
.
Likewise
[
](A19392-e101170-b)d
d
Ibid.
art.
11.
ministers
in
Noble
mens
houses
,
though
they
haue
none
other
care
,
are
tied
to
this
subscription
.
Againe
,
[
](A19392-e101180-b)a
a
Des
anciens
&
diacres
.
art.
1.
la
discipl
.
de
France
.
their
Seniors
and
Deacons
are
also
before
their
admission
to
their
offices
,
to
subscribe
vnto
them
both
.
And
[
](A19392-e101210-b)b
b
Des
professe●●s
.
ibid.
further
,
euen
their
Regents
and
Professors
in
diuinitie
are
by
them
required
to
subscribe
,
aswell
as
the
rest
.
And
the
like
order
is
obserued
(
as
is
notorious
)
in
the
most
,
or
in
all
the
reformed
churches
in
Germanie
.
In
all
which
places
(
as
we
may
sée
)
it
is
thought
a
great
absurditie
,
for
a
man
to
reteine
anie
ecclesiasticall
function
in
that
church
,
vnto
the
orders
of
which
by
law
duelie
established
,
he
can
not
find
in
his
hart
to
subscribe
and
condescend
.
There
is
yet
also
another
materiall
difference
amongst
them
to
be
touched
.
For
[
](A19392-e101250-b)c
c
De
Polit.
eccle.
&
Reipub
.
some
of
them
doo
attribute
equall
authoritie
vnto
all
the
people
in
this
their
Regiment
with
the
Presbyterie
,
cleane
contrarie
to
the
most
platformes
set
downe
hitherto
thereof
.
And
although
(
as
we
haue
now
heard
)
their
varieties
in
iudgement
be
so
manie
and
so
manifold
:
yet
our
men
are
so
insolent
against
all
other
orders
and
formes
of
church-gouernement
,
and
so
besotted
in
the
loue
and
admiration
of
their
owne
impe
,
which
they
haue
begotten
,
but
not
as
yet
licked
into
anie
perfect
forme
;
that
they
dare
condemne
all
churches
,
which
are
not
squared
in
externall
gouernement
,
according
to
their
Lesbiall
leaden
rule
,
which
euerie
one
of
them
will
wrest
and
bend
,
as
his
fansie
will
féed
him
on
.
So
that
one
of
them
is
not
ashamed
to
saie
,
[
](A19392-e101290-b)d
d
Admon
.
1.
pag.
2.
that
As
the
estate
is
now
of
the
church
,
there
can
be
no
right
religion
.
Also
,
[
](A19392-e101320-b)e
e
Admon
.
2.
pag.
6.
that
The
truth
in
a
manner
dooth
but
peepe
out
as
it
were
behind
a
skreene
.
And
[
](A19392-e101350-b)f
f
Admon
.
1.
pag.
2.
againe
,
We
want
in
England
a
right
ministerie
of
God
.
Wherein
he
differeth
from
our
Abstractor
,
as
much
as
the
Abstractor
in
another
place
differeth
from
himselfe
,
who
is
content
to
allow
vnto
vs
,
some
to
be
right
ministers
in
déed
.
Therefore
considering
the
great
benefits
of
almightie
God
,
of
the
true
preaching
of
his
word
,
and
due
administration
of
sacraments
,
which
by
hir
Maiesties
ministerie
he
hath
in
mercie
farre
aboue
descrt
powred
vpon
vs
,
which
these
vnthankfull
wretches
doo
thus
abuse
and
extenuat
,
in
respect
that
they
can
not
obteine
their
owne
wils
;
we
may
of
them
trulie
verifie
that
saieng
of
Gualter
,
which
he
spake
[
](A19392-e101400-b)*
*
Gualter
.
in
1.
Cor.
11.
against
such
like
men
:
All
these
things
they
esteeme
as
nothing
,
except
a
new
magistracie
may
be
erected
,
vnto
whome
it
may
apperteine
,
not
onelie
to
controll
euen
princes
themselues
,
but
also
to
excommunicate
them
.
Now
all
these
contrarieties
and
differences
in
iudgement
,
concerning
their
deuised
church-gouernement
,
being
well
weied
and
considered
:
I
would
aske
of
our
Abstractor
,
or
anie
other
affected
that
waie
,
which
doo
imagine
as
perfect
a
lawe
,
for
the
gouernement
of
the
church
,
by
discipline
,
as
by
doctrine
to
haue
bene
deliuered
by
Christ
vnto
his
church
:
Where
and
in
whose
books
that
law
is
described
and
plainelie
proued
,
out
of
the
word
of
God
vnto
vs
?
vz.
Whether
by
these
mens
platformes
,
which
I
haue
mentioned
,
agréeing
so
hardlie
among
themselues
,
or
by
some
one
of
them
,
or
yet
by
none
of
them
:
but
that
we
must
expect
some
other
more
skilfull
than
all
the
rest
to
arise
vp
hereafter
,
to
reconcile
or
confute
all
those
,
which
haue
hitherto
written
hereof
?
Whether
it
be
good
and
sound
diuinitie
,
that
hath
béene
alledged
,
concerning
excluding
christian
princes
from
their
gouernement
in
church
matters
,
of
excommunicating
them
,
of
releasing
their
subiects
from
obedience
,
and
in
some
cases
of
deposing
them
,
or
no
?
Where
anie
pregnant
and
concluding
proofe
may
be
found
either
in
scripture
,
or
anie
antiquitie
,
which
dooth
iustifie
the
gouernement
of
church
matters
in
euerie
parish
by
the
minister
,
and
by
certeine
men
termed
Presbyteri
,
being
otherwise
méere
laie
men
,
and
of
no
ecclesiasticall
function
?
Whether
if
the
generall
conceiued
error
,
be
not
by
law
sufficient
to
make
the
marriages
and
baptizings
of
force
,
which
hath
béene
done
and
celebrated
by
such
as
our
Abstractor
reputeth
not
to
be
ministers
:
would
he
wish
them
to
be
remarried
ouer
againe
,
and
baptized
afresh
by
such
as
he
taketh
to
be
ministers
indéed
,
as
hauing
beene
hither
to
not
baptized
:
and
so
make
void
all
benefits
of
subiects
by
purchase
or
discent
hitherto
growne
vnto
them
and
to
their
children
,
according
to
the
course
of
the
common
lawes
of
this
land
,
or
no
?
And
in
case
that
either
he
,
or
any
other
be
of
iudgement
,
that
the
baptisme
conferred
with
water
and
the
words
of
institution
seriouslie
pronounced
,
by
him
that
is
no
lawfull
minister
,
neither
in
fact
nor
reputation
;
or
by
him
that
is
in
reputation
onelie
one
,
and
not
in
déed
nor
in
law
,
be
so
vtterlie
void
,
that
the
partie
ought
to
be
baptized
or
dipped
againe
:
Then
I
doo
demand
,
how
this
may
be
warranted
,
either
by
the
word
of
God
,
or
example
and
testimonie
of
antiquitie
,
in
the
time
of
the
primitiue
church
?
Further
I
demand
hereof
,
whie
all
those
in
like
sort
which
haue
béene
baptized
by
Popish
priests
,
whome
our
Abstractor
holdeth
neither
for
lawfull
ministers
indéed
nor
in
law
,
and
who
were
but
admitted
at
taking
order
of
préesthood
,
Ad
sacrificandumpro
viuis
&
defunctis
,
ought
not
as
well
as
the
former
,
to
be
baptized
againe
?
Againe
,
whie
the
sacrament
of
the
supper
should
be
to
the
true
receiuer
thereof
,
at
the
hand
of
an
vsurper
,
and
no
lawfull
minister
,
more
effectuall
,
than
the
sacrament
of
baptisme
by
this
supposition
is
,
being
conferred
by
the
same
man
vnto
his
child
,
which
is
the
séed
of
the
faithfull
?
Whether
the
inequalitie
of
Gods
gifts
for
the
building
vp
of
his
church
,
being
the
cheefest
ground
of
the
inequalitie
of
rewards
,
to
the
ministers
thereof
:
must
we
yet
of
necessitie
and
in
iustice
require
,
as
great
abilitie
in
him
,
that
hath
but
twentie
nobles
or
ten
pounds
by
yeare
,
as
is
required
or
to
be
found
in
him
,
that
hath
an
hundred
marks
by
yeare
to
mainteine
him
?
And
whether
the
like
difference
and
inequalitie
both
of
gifts
and
rewards
be
not
to
be
found
in
the
vplandish
townes
of
their
dominions
and
territories
,
which
our
reformers
thinke
to
be
without
spot
or
wrinkle
in
their
externall
gouernement
?
Whether
such
a
minister
that
is
of
reasonable
knowledge
in
diuerse
points
of
doctrine
,
yet
not
able
either
to
preach
methodicallie
,
or
to
confute
errors
and
heresies
sufficientlie
(
as
he
that
would
improoue
the
praieng
for
the
dead
out
of
that
place
:
There
is
a
sinne
vnto
death
,
for
the
which
I
say
not
that
you
shall
praie
:
Whether
(
I
saie
)
were
it
more
expedient
to
permit
him
to
preach
and
to
expound
publikelie
,
or
but
to
read
godlie
and
learned
homilies
,
and
to
exhort
and
dehort
his
parishoners
onelie
,
as
present
occasion
should
be
offered
?
Whether
in
any
other
reformed
church
beyond
the
seas
,
where
no
such
rite
is
by
law
established
,
if
a
minister
would
néeds
continuallie
weare
a
surplesse
in
his
ministration
,
might
he
,
ought
he
in
iustice
,
or
should
he
in
fact
,
be
put
from
his
ministerie
,
for
the
disturbance
of
the
peace
and
vniformitie
of
that
church
,
or
no
?
Whether
a
minister
in
the
like
forreine
church
,
after
monitions
giuen
vnto
him
to
the
contrarie
,
that
will
neuerthelesse
publikelie
in
his
sermons
inueigh
against
the
vse
of
vnleauened
bread
in
the
sacrament
,
or
simplie
or
absolutelie
condemne
all
vsurie
,
whether
it
be
biting
,
or
but
nibling
,
as
sinfull
and
wicked
,
(
the
orders
of
that
church
being
in
both
to
the
contrarie
)
might
in
iustice
,
or
were
like
in
fact
,
to
be
remooued
from
his
ministerie
in
that
place
,
or
no
?
The
end
of
the
Appendix
to
the
former
Treatise
.
Pag.
107
DISPENSATIONS
FOR
MANY
BENEFIces
vnlawfull
.
QVIA
NONNVLLI
,
&c.
Forasmuch
as
some
,
putting
no
measure
to
their
couetousnesse
,
Extra
de
ele.
non
residen
.
c.
qui●
nonnulli
,
&c.
1.
de
consuet.
lib.
6.
endeuour
to
take
many
Ecclesiasticall
dignities
and
many
Parish
Churches
,
against
the
ordinances
of
holie
Canons
,
and
beeing
scarce
able
to
discharge
one
office
,
yet
notwithstanding
challenge
vnto
themselues
stipends
due
vnto
many
:
we
straightlie
command
,
that
hence-forth
this
abuse
be
not
anie
more
permitted
:
And
that
whensoeuer
anie
Church
or
Ecclesiastical
ministerie
ought
to
be
committed
.
we
will
such
a
parson
to
be
sought
,
that
may
bee
resident
in
the
same
place
,
&
discharge
the
cure
by
himselfe
.
And
if
anie
thing
shal
be
done
otherwise
,
let
both
the
receiuer
loose
that
that
he
hath
so
receiued
,
and
let
the
giuer
be
depriued
of
power
to
giue
againe
.
Out
of
which
prohibition
these
conclusions
may
be
made
.
-
1
Whatsoeuer
tendeth
to
the
maintenance
of
couetousnesse
is
vnlawfull
:
-
2
But
to
suffer
one
man
to
inioy
manie
benefices
tendeth
to
the
maintenance
of
couetousnesse
:
-
3
Therfore
for
one
man
to
haue
manie
benefices
is
vnlawful
.
-
1
Whatsoeuer
is
contrarie
to
the
holie
Canons
,
is
not
to
be
tollerated
:
-
2
But
for
one
man
to
haue
many
Churches
with
cure
of
soules
,
is
contrarie
to
the
holie
Canons
:
-
3
Therefore
,
for
one
man
to
haue
manie
Churches
with
cure
Pag.
108.
of
soules
,
is
not
to
be
tollerated
.
-
1
Whosoeuer
taketh
vnto
himselfe
the
stipend
due
vnto
manie
,
the
same
doth
commit
an
vnlawfull
act
:
-
2
But
he
that
taketh
vnto
himselfe
manie
benefices
,
taketh
the
stipends
due
vnto
manie
:
-
3
Therefore
hee
that
taketh
vnto
himselfe
many
benefices
,
doth
commit
an
vnlawfull
act
.
-
1
Whosouer
is
scarce
able
to
discharge
his
office
in
one
place
,
is
not
to
haue
the
office
of
many
committed
vnto
him
in
manie
places
:
-
2
But
he
that
hath
the
cure
of
soules
committed
vnto
him
in
one
place
,
is
scarce
able
to
discharge
his
dutie
in
that
one
place
:
-
3
Therefore
he
is
not
to
haue
the
offices
of
many
committed
vnto
him
in
many
places
.
-
1
Whatsoeuer
is
an
hinderance
to
him
that
hath
cure
of
soules
to
be
resident
,
&
to
discharge
his
c●re
,
by
himselfe
,
the
same
is
not
to
be
suffered
:
-
2
But
for
one
man
to
haue
many
benefices
,
is
an
hinderance
for
him
to
be
resident
,
&
to
discharge
his
cure
by
himselfe
:
-
3
Therfore
it
is
not
to
be
admitted
,
that
one
should
haue
many
benefices
.
Againe
:
QVIAINTANTVM
,
&c.
Because
the
ambition
of
some
Extrauag.
de
pre●end
.
quia
in
tantum
.
hath
spread
it selfe
so
farre
,
as
that
they
are
said
to
haue
,
not
onely
two
or
three
,
but
many
Churches
,
being
not
able
duly
to
serue
two
:
we
with
the
consent
of
our
brethren
&
fellow
Bishops
,
command
that
this
be
reformed
.
And
because
the
multitude
of
prebends
,
euen
an
enimie
to
the
Canons
,
is
an
occasion
of
a
dissolute
&
gadding
ministerie
,
and
conteineth
a
manifest
perill
of
soules
,
we
wil
therfore
prouide
to
supply
the
want
of
such
as
are
able
to
do
seruice
in
the
Church
.
The
reasons
of
which
decree
may
thus
be
framed
.
-
1
Whatsoeuer
is
or
may
be
a
meane
to
maintaine
ambition
,
is
Pag.
109.
not
to
be
tollerated
,
-
2
But
for
one
man
to
haue
many
benefices
,
is
a
meane
to
maintaine
ambition
:
-
3
Therfore
for
one
man
to
haue
many
benefices
is
not
to
be
tollerated
.
-
1
Whatsoeuer
ministereth
matter
for
a
gadding
,
roaging
,
and
dissolute
ministerie
,
is
not
to
be
tollerated
:
-
2
But
for
one
man
to
haue
many
benefices
ministreth
matter
for
a
gadding
,
a
roaging
,
and
a
dissolute
ministerie
:
-
3
Therefore
for
one
man
to
haue
many
benefices
is
not
to
be
tollerated
.
-
1
Whatsoeuer
containeth
perill
of
soules
is
not
to
be
tollerated
:
-
2
But
for
one
man
to
haue
many
benefices
containeth
perill
of
soules
:
-
3
Therefore
for
one
man
to
haue
many
benefices
is
not
to
be
tollerated
.
-
1
Whatsoeuer
is
cause
,
that
such
as
are
able
to
doe
seruice
in
the
Church
,
doe
want
,
and
so
are
kept
backe
from
doing
the
Church
good
,
is
not
to
be
tollerated
:
-
2
But
for
one
man
to
haue
many
benefices
,
is
a
cause
,
that
diuerse
able
to
doe
seruice
in
the
Church
,
doe
want
,
and
so
are
kept
from
doing
good
:
-
3
Therefore
for
one
man
to
haue
many
benefices
is
not
to
be
tollerated
.
Againe
.
VNDE
CVM
IN
EODEM
,
&c.
Sithence
therefore
it
Extrauag.
de
elestio
.
ca.
dudum
.
2.
vnde
,
&c.
Ex
trauag
.
de
prebend
.
ca.
de
multa
.
is
ordained
in
the
same
counsell
,
that
whosoeuer
shall
receiue
anie
benefice
with
cure
of
soule
aunexed
,
if
before
he
obtained
the
like
benefice
,
should
by
law
it self
be
depriued
of
the
same
,
and
should
also
be
spoiled
of
the
second
,
〈◊〉
case
he
contended
Pag.
110.
to
holde
the
first
,
the
foresaid
elected
notwithstanding
breaking
these
ordinances
by
the
pluralitie
of
benefices
,
doth
incurre
himselfe
these
vices
,
which
he
should
improue
in
others
,
euen
couetousnesse
&
breach
of
law
.
And
by
retaining
benefices
,
which
belong
not
vnto
him
,
forsomuch
,
as
vpon
the
receit
of
a
second
benefice
,
the
former
by
law
is
meerely
voide
,
hee
hath
by
consequence
contracted
another
mans
goods
,
&
so
committed
theft
,
or
rauine
,
he
retaineth
moreouer
the
said
Parish
churches
,
both
to
the
detriment
of
his
owne
saluation
,
and
the
health
of
other
mens
soules
,
forsomuch
as
he
being
by
lawe
it selfe
depriued
from
these
benefices
,
the
cure
of
their
soules
did
no
more
belong
vnto
him
,
and
so
were
they
damnably
deceiued
.
Out
of
which
constitution
one
other
conclusion
may
thus
be
gathered
.
-
1
Uniustly
to
take
that
which
belongeth
to
another
man
,
and
so
after
a
sort
to
commit
theft
or
rauine
,
is
vnlawfull
and
not
to
be
tollerated
:
-
2
But
he
that
hath
manie
benefices
,
doth
by
vniust
meanes
take
to
himselfe
that
which
belongeth
vnto
another
,
and
therefore
after
a
sorte
committeth
thefte
or
rauine
:
-
3
Therefore
,
&c.
Pag.
111
ECCLESIASTICI
IVRIS
officia
singulis
quibusque
personis
89.
Distinc
.
c.
singula
.
sigillatim
committi
iubemus
,
&c.
We
command
,
saith
hee
,
that
singular
offices
belonging
to
the
right
of
the
Church
,
bee
committed
seuerallie
to
singular
persons
.
For
,
as
in
one
bodie
we
haue
manie
members
,
and
all
members
haue
not
one
office
,
so
in
the
bodie
of
the
Church
,
there
are
manie
members
,
according
to
the
true
saying
of
S.
Paule
,
in
one
and
the
same
spirituall
bodie
,
this
office
is
to
be
committed
to
one
,
and
that
office
to
another
,
neither
is
the
charge
of
two
things
to
be
committed
at
one
time
to
any
one
person
,
be
the
said
person
neuer
so
cunning
or
expert
.
For
if
all
were
the
eie
,
where
were
then
the
hearing
.
For
as
the
varietie
of
the
members
,
hauing
diuerse
offices
,
both
kepeth
the
strength
of
the
bodie
,
and
preserueth
the
beautie
thereof
:
Euen
so
diuers
persons
hauing
diuers
functions
,
distributed
vnto
them
,
make
manifest
the
strength
&
comelinesse
of
the
whole
Church
.
And
,
as
it
is
an
vncomelie
thing
in
the
bodie
of
man
,
that
one
member
should
do
his
fellow
members
office
:
Euen
so
is
it
hurtfull
and
most
wicked
,
where
the
ministerie
and
function
of
seueral
things
shall
not
be
distributed
to
so
manie
seuerall
persons
.
And
in
another
Chapter
.
L●●●o
elder
haue
two
Churches
,
both
because
it
is
16.
q.
7.
c.
per
Laicos
in
fi.
a
proper
kind
of
merchandise
,
and
filthie
gaine
,
and
also
altogether
contrarie
to
the
custome
of
the
Church
.
From
whence
I
conclude
thus
:
-
1
whatsoeuer
is
contrarie
to
a
good
custome
of
the
Church
,
is
not
to
be
tollerated
:
-
2
But
for
one
Clarke
,
to
be
placed
in
two
benefices
,
is
contrarie
to
the
good
custome
of
the
Church
:
-
3
Therefore
for
one
Clarke
to
be
placed
,
&c.
-
1
whatsoeuer
is
a
proper
kinde
of
merchaundise
,
and
filthie
gaine
,
is
to
be
auoided
in
the
Church
:
-
2
But
for
one
man
to
haue
many
benefices
,
is
a
proper
kind
of
merchandise
,
and
filthie
gaine
:
-
3
Therefore
,
&c.
-
1
Whatsoeuer
is
vndecent
and
vncomelie
in
the
Church
,
is
vnlawfull
:
-
2
But
for
one
man
to
be
placed
in
two
benefices
,
is
vndecent
and
vncomelie
:
-
3
Therfore
for
one
man
to
be
placed
in
two
benefices
,
is
vnlawfull
.
BEside
these
Canons
,
there
are
manie
mo
,
establishing
the
not
hauing
of
many
benefices
for
one
men
:
but
to
recite
all
,
were
a
labour
superfluous
,
considering
the
effect
of
al
is
contained
in
these
.
And
yet
Octobones
prouinciall
constitution
,
wherein
diuerse
other
absurdities
,
then
wherof
mention
hath
bene
yet
made
against
the
vnlawful
retinue
of
many
benefices
,
are
expreslie
alleadged
,
is
not
amisse
to
be
repeated
,
who
saith
as
followeth
.
Pag.
112
EX
HIS
AVTEM
,
&c.
We
suffice
not
to
speake
,
how
Octob.
de
inst.
seu
collat.
ca
,
●
great
euils
proceed
out
of
these
pluralities
vnto
the
Church
:
For
by
them
the
honestie
of
the
church
is
defiled
:
Authoritie
is
naught
set
by
:
the
faith
of
Christ
is
troden
vnder
foote
:
loue
is
banished
,
the
hope
of
the
poore
expecting
anie
voide
benefice
is
frustrate
:
The
miserable
&
blind
sinner
boasting
himselfe
as
a
guide
,
doth
not
so
much
receiue
,
as
steale
that
that
belongeth
not
vnto
him
.
Among
the
rich
themselues
also
strises
and
contentions
arise
,
braules
&
enuies
are
nourished
.
And
for
this
cause
we
chiefly
feare
the
fire
of
God
his
wrath
,
to
haue
bene
kindled
against
men
of
such
rule
,
&
for
the
offences
of
some
to
haue
sent
a
feare
or
reuenge
against
all
:
and
whilest
we
see
nothing
so
perillous
,
we
feare
such
or
grieuouser
things
in
time
to
come
,
vnlesse
God
by
his
mercie
respecting
vs
,
shall
lay
to
some
wholesome
remedie
.
If
the
disease
and
maladie
of
pluralites
,
in
time
of
ignorance
and
superstition
was
such
,
that
the
blinde
leaders
of
the
blinde
,
5.
P.
2.
had
their
eies
in
their
heads
to
see
the
infection
therof
to
be
most
perillous
,
as
well
to
their
synagogue
,
as
to
their
common
weale
:
how
is
it
possible
,
that
plurified
men
in
the
time
of
the
knowledge
and
truth
of
the
Gospell
,
should
finde
anie
meanes
to
escape
the
fire
and
reuenge
which
the
idolators
feared
.
And
not
onely
these
Canons
and
prouincials
,
but
the
statute
lawes
of
England
also
made
against
these
excesses
,
prohibite
likewise
the
hauing
of
●●
benefices
,
as
appeareth
by
an
act
of
Parliament
,
made
the
21.
yeare
of
Henrie
the
8.
the
tenor
whereof
ensueth
.
And
be
it
enacted
that
if
anie
person
or
persons
,
hauing
one
benefice
with
cure
of
soules
,
being
of
the
yeerelie
value
of
8.
pounds
or
aboue
,
accept
and
take
anie
other
with
cure
of
soule
,
and
be
instituted
and
inducted
in
possession
of
the
same
,
that
then
and
immediatlie
after
such
possession
had
thereof
,
the
first
benefice
shall
be
adiudged
in
the
lawe
to
be
voide
.
And
that
it
shall
be
lawfull
to
euerie
patron
,
hauing
the
aduouson
thereof
to
present
another
,
and
the
presented
to
haue
the
benefit
of
the
same
in
such
like
manner
and
forme
,
as
though
the
incumbent
had
died
or
resigned
:
Anie
lisence
,
vnion
,
or
other
dispensation
,
to
the
contrarie
hereof
Pag.
113
obtained
notwithstanding
:
And
that
euerie
such
license
,
vnion
.
or
dispensation
had
,
or
heereafter
to
bee
had
,
contrarie
to
this
present
act
,
of
what
name
or
names
,
qualitie
or
qualities
,
so
euer
they
bee
,
shall
be
vtterlie
voide
and
of
none
effect
.
As
touching
anie
other
Canons
made
and
in
force
,
before
25.
Henrie
8.
allowing
certaine
immunities
,
priuiledges
,
and
dispensations
to
be
graunted
,
for
the
possessing
of
manie
benesices
and
Parish
Churches
rightlie
vnderstood
,
are
no
waie
preiudiciall
vnto
these
former
ordinaunces
.
For
in
things
depending
vpon
the
meere
disposition
of
man
,
though
the
magistrate
haue
authoritie
,
as
well
generallie
to
forbidde
and
prohibite
,
as
also
in
some
cases
besides
the
said
lawe
,
to
license
and
dispence
:
yet
concerning
the
matter
of
pluralities
,
it
will
not
be
found
.
Pluralists
(
I
confesse
)
and
their
abettours
,
ground
their
assertions
vpon
these
and
such
like
rules
following
:
viz.
Eius
est
destruere
,
cuius
est
construere
:
eius
est
interpretari
,
cuius
est
condere
.
Papa
qut
ius
condidit
,
est
supra
ius
,
matorem
enim
retinu●t
potestatem
,
&c.
That
is
,
To
him
it
belongeth
to
pull
downe
,
to
whom
it
belongeth
to
set
vp
:
and
the
interpretation
of
the
lawe
belongeth
to
the
lawe
maker
:
the
Pope
that
made
the
lawe
,
is
aboue
the
lawe
,
because
he
hath
retained
a
greater
power
to
himselfe
,
then
he
hath
giuen
to
the
lawe
:
The
Pope
hath
a
fulnesse
of
power
to
dispose
of
benefices
at
his
pleasure
.
And
therefore
saie
they
,
As
Churches
were
at
the
first
by
Lawe
positiue
,
both
founded
and
distinguished
:
so
may
they
againe
by
the
same
Lawe
positiue
,
either
be
cleane
taken
awaie
,
or
vnited
.
Which
vnnecessarie
and
sophisticall
consequence
,
is
simplie
to
bee
denied
.
First
,
for
those
former
rules
,
generallie
vnderstoode
without
limitation
and
distinction
,
bee
either
vtterlie
false
,
or
else
contrarie
and
repugnaunt
to
other
principles
of
Lawe
.
Pag.
114
Againe
,
concerning
these
or
anie
other
like
generall
conclusions
in
lawe
,
I
aunswere
,
and
that
by
an
vnfallible
maxime
in
lawe
,
that
no
rule
can
be
so
generallie
giuen
in
thinges
of
meere
pollicie
and
disposition
of
man
,
onelie
deuised
by
man
,
(
of
which
sorte
these
former
rules
are
)
that
receiueth
not
some
limitations
and
restrictions
.
And
that
therefore
these
principles
,
wherevppon
the
foundation
of
pluralities
is
layde
,
beeing
weake
and
easilie
shaken
with
a
little
blast
of
mannes
wit
,
cannot
stande
or
haue
anie
sure
setling
,
in
as
much
as
against
the
same
manie
challenges
may
bee
made
,
and
manie
exceptions
taken
.
Secondlic
,
the
foresayde
coherence
followeth
not
,
for
two
apparaunt
and
principall
fallacies
contained
in
the
same
,
as
afterwardes
shall
bee
manifested
.
But
first
touching
these
rules
before
mentioned
:
Eius
est
destruere
cuius
est
construere
,
&c.
Hee
may
breake
a
Lawe
,
that
may
make
a
Lawe
,
the
same
is
not
alwaies
true
.
It
taketh
no
place
,
Vbt
causa
prohibitionis
est
perpetua
,
where
there
is
a
perpetuall
cause
of
a
prohibition
:
For
then
the
cause
beeing
perpetuall
,
the
prohibition
ought
to
bee
perpetuall
.
Quta
perpetuam
habet
causam
prohibitionis
,
nulla
est
obligatio
.
Because
Fi.
de
verb.
oblig
.
l
si
slipuler
in
id
.
&
glos
.
extra
.
de
simo
.
c.
si
quis
.
ver.
iuramentum
.
it
hath
a
perpetuall
cause
of
prohibition
,
there
is
no
obligation
,
As
for
example
:
the
reason
and
cause
of
prohibition
against
murther
,
thefte
,
rauine
,
blasphemic
,
is
perpetuall
,
and
therefore
the
Lawe
against
murther
,
thefte
,
rauine
and
blasphemie
,
ought
to
bee
perpetuall
:
And
therefore
men
hauing
once
made
Lawes
against
these
vices
,
it
is
not
lawfull
for
man
afterwardes
to
dispence
with
these
vices
,
or
by
license
to
warrant
anie
man
to
steale
,
to
kill
,
to
spoile
,
or
to
blaspheme
.
For
whosoeuer
shall
in
this
sorte
dispence
with
a
Lawe
,
the
same
also
may
dispence
with
the
reason
of
the
Lawe
,
and
so
with
the
soule
and
life
of
the
Lawe
,
and
so
make
the
Lawe
a
vaine
and
dead
Lawe
.
Ratio
legis
est
anima
legis
.
Pag.
115
The
reason
of
the
Lawe
,
is
the
soule
and
life
of
the
Lawe
:
and
therefore
as
none
may
dispence
with
the
reason
of
the
Lawe
,
or
take
awaie
the
soule
and
life
of
the
Lawe
:
so
none
may
dispence
with
the
law
,
or
take
awaie
the
Lawe
.
Now
for
as
much
as
it
is
not
lawfull
for
all
the
Princes
in
the
earth
to
chaunge
or
dispence
,
or
take
awaie
the
reasons
and
causes
of
the
Lawes
prohibiting
manie
benefices
:
Therefore
it
is
not
lawfull
for
them
to
chaunge
or
dispence
,
or
take
awaie
the
Lawes
against
pluralities
.
The
reasons
where
vpon
pluralities
are
forbidden
,
are
reasons
taken
from
the
Lawe
of
Nature
,
and
from
the
equi●●e
of
the
Lawe
of
God
:
but
none
can
alter
or
take
awaie
the
lawe
of
Nature
,
or
dispence
with
the
lawe
of
God
:
therefore
none
can
Institutio
.
de
iure
.
nat
gen.
&
ci.
§
sed
naturalis
.
Iam.
alter
,
or
impugne
,
or
dispence
with
the
reasons
of
either
of
them
.
For
as
the
lawe
of
Nature
is
immutable
:
so
is
the
reason
of
the
Lawe
of
Nature
immutable
:
and
as
the
will
of
GOD
is
vnchaungeable
,
so
is
the
equitie
of
his
Law
vnchaungeable
to
.
If
then
naturall
reason
bee
the
cause
and
soule
and
life
of
a
naturall
Lawe
,
and
the
will
of
God
the
onelie
cause
of
the
Lawe
of
God
,
and
his
onelie
will
the
rule
of
all
iustice
vuchaungeablie
,
none
can
challenge
authoritie
to
chaunge
or
dispence
with
the
Lawe
of
Nature
or
with
the
Law
of
God
,
but
hee
must
foorth-with
challenge
authoritie
to
dispence
both
with
the
reason
of
the
Lawe
of
Nature
,
and
with
the
pleasure
and
will
of
GOD.
And
therefore
out
of
the
premises
I
conclude
thus
.
-
1
Wheresoeuer
the
cause
of
a
prohibition
is
perpetuall
,
there
the
prohibition
ought
to
be
perpetuall
:
-
2
But
the
cause
of
the
prohibition
against
pluralities
is
perpetuall
:
-
3
Therefore
the
prohibition
ought
to
be
perpetuall
.
-
1
Euerie
lawe
grounded
vpon
the
reason
of
nature
and
the
Pag.
116.
equitie
of
the
lawe
of
God
is
immutable
:
-
2
But
the
lawes
prohibiting
pluralities
,
are
grounded
either
vpon
the
reasons
of
nature
,
or
vpon
the
equitie
of
the
lawe
of
God
:
-
3
Therefore
all
the
lawes
prohibiting
pluralities
are
immutable
.
THE
first
proposition
of
the
first
syllogisine
hath
beene
proued
Institut.
de
iure
natu
.
gent.
&
ciui
.
§
sed
na●uralia
.
Iames.
alreadie
:
the
first
proposition
of
the
2.
syllogisme
is
manifest
,
Omnia
naturalia
sunt
immutabilia
:
All
naturall
things
are
immutable
,
and
there
is
no
altering
or
shadowing
by
turning
with
the
almightie
.
The
second
proposition
of
either
syllogisme
shall
bee
manifested
by
that
that
followeth
.
But
first
to
aunswere
the
falacies
before
spoken
of
,
because
pluralities
are
not
forbidden
by
lawe
positiue
of
man
alone
,
but
prohibited
also
by
the
lawe
of
nature
,
and
by
the
lawe
of
God
:
therefore
it
followeth
,
that
they
may
not
be
tollerated
by
lawe
positiue
of
man
alone
.
And
therfore
if
pluralitie
men
would
fitly
argue
to
conclude
their
purpose
,
they
should
frame
the
same
after
this
sort
.
-
1
Whatsoeuer
is
prohibited
by
the
law
of
man
alone
,
the
same
by
the
lawe
of
man
alone
,
may
be
licensed
againe
:
-
2
But
pluralities
are
forbidden
by
the
lawe
of
man
alone
:
-
3
Therfore
they
may
be
licensed
by
the
lawe
of
man
againe
.
THE
second
proposition
of
which
syllogisme
beeing
vtterlie
false
,
you
see
euidently
wherein
the
conclusion
halteth
,
and
the
falacie
consisteth
,
&
therefore
I
conclude
against
them
thus
.
-
1
Whatsoeuer
is
forbidden
by
the
lawe
of
nature
,
&
by
the
law
Pag.
117.
of
God
,
the
same
cannot
be
licensed
by
the
law
of
man
alone
:
-
2
But
pluralities
are
forbidden
by
the
law
of
nature
,
and
by
the
lawe
of
God
:
-
3
Therefore
they
cannot
be
licensed
by
the
lawe
of
man
alone
.
And
againe
.
-
1
Whatsoeuer
ratifieth
a
thing
monstrous
and
against
nature
,
the
same
may
not
be
priuiledged
by
the
law
of
man
:
-
2
But
dispensations
for
pluralities
ratifie
monstrous
things
,
and
things
against
nature
.
-
3
Therefore
dispensations
for
pluralities
may
not
be
priuiledged
by
the
lawe
of
man
.
THe
second
proposition
of
the
first
syllogisme
,
shall
be
proued
in
this
place
.
The
second
proposition
of
the
last
sillogisme
,
I
proue
from
the
etymologie
or
discription
of
a
priueledge
or
dispensation
:
for
a
priuiledge
,
and
a
dispensation
,
in
effect
signifie
both
one
thing
.
Priuilegium
dicitur
,
quod
emanat
contra
ius
Glos
.
lib.
6.
de
rescript
.
c.
versan
principio
.
Extra
.
d●
iudic
.
c.
At
si
clerici
.
§
de
adulterijs
.
●ommune
in
fauorem
aliquarum
personarum
:
super
prohibit●s
despensatur
,
quia
permissa
,
iure
communi
expediuntur
,
prohibita
vero
dispensatione
egent
.
A
priuiledge
is
said
to
bee
that
,
that
for
the
fauour
of
certaine
priuate
persons
,
commeth
forth
against
common
right
:
things
prohibited
are
dispensed
with
,
because
things
permitted
are
dispatched
by
common
right
,
but
things
forbidden
require
dispensation
.
By
which
discriptions
of
a
priuiledge
and
dispensation
,
it
is
apparant
,
that
a
priuiledge
and
dispensation
for
pluralities
,
must
license
and
authorise
that
,
that
the
lawe
against
pluralitie
dooth
infringe
,
and
disalowe
,
and
so
bee
a
lawe
contrariant
,
and
repugnant
to
the
Lawe
against
Pluralities
:
but
the
Lawe
against
Pluralities
,
is
the
lawe
of
nature
and
the
lawe
of
God
:
Therefore
a
priuiledge
or
dispensation
for
Pluralities
is
against
the
lawe
of
Nature
,
and
against
the
lawe
of
God
:
a
more
monstrous
lawe
was
neuer
established
.
Nowe
Pag.
118.
that
Pluralities
are
forbidden
by
the
lawe
of
Nature
,
and
by
the
lawe
of
God
,
which
was
the
second
proposition
of
my
first
Syllogisme
,
I
proue
thus
.
All
the
reasons
wherevpon
the
positiue
Lawe
of
man
against
Pluralities
was
first
established
,
are
taken
and
drawne
from
the
Lawe
of
Nature
,
and
from
the
Lawe
of
God
:
The
reasons
and
causes
of
the
prohibition
are
these
:
First
,
the
auoiding
of
Couetousnesse
,
of
Ambition
,
of
Theft
,
of
murther
of
Soules
,
of
a
dissolute
,
a
roaging
,
and
a
gadding
Ministerie
,
the
necessitie
of
comelynesse
and
decencie
in
the
Church
,
are
speciall
and
primarie
causes
for
the
prohibiting
Pluralities
:
but
all
these
are
forbidden
or
commaunded
by
the
lawe
of
God
:
therefore
the
causes
of
the
prohibition
of
Pluralities
are
grounded
vppon
the
will
of
God
,
and
therefore
immutable
,
and
therefore
not
to
be
dispensed
with
.
Againe
,
for
one
man
to
haue
the
stipends
of
manie
men
:
for
one
man
,
not
able
to
discharge
his
dutie
in
one
place
,
and
yet
to
haue
many
charges
in
manie
places
committed
vnto
him
:
for
one
man
to
hinder
another
man
from
ordinarie
meanes
to
doo
good
to
the
Church
:
all
these
causes
I
saie
are
second
causes
for
the
prohibition
of
Pluralities
:
but
all
these
causes
are
causes
of
reason
and
nature
,
therefore
by
the
Lawes
of
reason
and
nature
,
Pluralities
are
forbidden
:
and
therefore
not
to
bee
dispensed
with
,
no
more
then
thefte
or
murther
or
blasphenne
maye
bee
dispensed
with
.
And
if
Antichrist
thinke
it
Thefte
,
Rauine
,
Couetousnesse
,
Ambition
,
Pride
,
murther
of
Soules
,
for
one
man
to
haue
manie
Benefices
without
dispensation
:
if
Antichrist
account
the
hauing
of
many
benefices
without
dispensation
,
to
be
a
meete
meane
to
maintaine
a
roauing
,
a
gadding
,
and
a
dissolute
Ministerie
:
to
foster
extortion
and
vnlawfull
gaine
:
what
shall
the
seruauntes
of
the
Lorde
Christ
,
the
sonne
of
the
most
highest
,
Whome
hee
hath
commaunded
to
bee
holie
and
Pag.
119.
perfect
,
as
his
heauenlie
father
is
perfect
,
defend
all
these
horrible
sinnes
&
impieties
tollerable
by
dispensation
?
Can
a
dispensation
from
a
Pope
or
an
Archbishoppe
make
Theft
no
Theft
?
Rauine
no
Rauine
?
Couetousnesse
and
Ambition
,
no
Couetousnesse
and
no
ambition
?
I
speake
heerein
to
Christians
,
which
ought
to
maintaine
the
Lawe
of
Christ
against
the
lawe
of
Antichrist
.
For
I
knowe
some
of
the
Popes
Chaplaines
,
grounding
themselues
vppon
these
rules
of
lawe
,
whereof
mention
hath
beene
made
before
,
&
giuing
vnto
the
Pope
Merum
imperium
,
●n
absolute
power
on
earth
,
will
affirme
,
that
the
Pope
Vid
gloss
.
Extra
de
confes
.
prebend
.
c.
proposiut
.
vers.
si
.
pra
.
ius
.
§.
Apostol.
dispensat
.
34.
distinct
.
c.
lector
.
Glos
.
inc
.
non
est
extra
.
de
voto
vers.
authoritate
.
can
make
Nihil
ex
aliquo
,
and
Aliquid
ex
nihilo
,
Nothing
of
somewhat
,
and
somewhat
of
nothing
.
Sinne
to
bee
no
sinne
,
and
no
sinne
to
bee
sinne
.
These
blasphemies
they
spue
out
,
and
these
blasphemies
they
maintaine
,
that
thinke
they
may
bee
theeues
and
murtherers
,
and
extortioners
by
dispensation
.
And
such
are
plurified
men
by
their
owne
pluralitie
Lawes
,
as
shall
further
bee
manifested
.
For
as
to
the
making
of
euerie
generall
and
publike
ordinaunce
and
constitution
,
it
is
necessarilie
required
,
that
the
same
tend
,
first
to
the
aduauncing
of
the
honour
,
praise
and
glorie
of
God
:
secondlie
,
that
it
bee
pro●itable
and
expedient
for
the
peace
and
safetie
of
the
weale
publike
:
euen
so
,
euerie
superiour
and
Potentate
,
to
whome
authoritie
by
Lawe
is
giuen
(
in
some
cases
)
to
graunt
Priuiledges
,
ought
in
the
same
cases
to
obserue
the
like
conditions
and
circumstances
,
to
the
end
their
saide
Priuiledges
may
bee
auailable
and
take
effect
,
without
the
dishonouring
of
God
and
preiudice
to
their
Countrie
and
people
.
For
,
though
a
dispensation
be
but
a
fiction
in
Lawe
:
yet
is
that
fiction
indeede
,
of
as
great
force
and
efficacie
in
that
fained
case
,
and
worketh
as
great
effect
,
as
the
truth
of
the
Lawe
Cod.
de
coll.
dec.
l
liberos
.
it selfe
in
a
case
of
truth
:
And
by
Lawe
it
is
all
one
in
effect
,
whether
I
inioye
anie
benefite
by
Priueledge
or
by
common
right
.
And
therefore
as
a
Lawe
publike
,
must
bee
equall
,
honest
,
iust
,
possible
,
agreeable
to
the
Countrie
,
place
and
time
,
necessarie
,
Pag.
120.
Distinct.
4
c.
crit.
profitable
,
not
written
for
anie
priuate
commoditie
,
but
for
the
common
profite
of
the
people
:
so
likewise
must
a
Priuiledge
haue
all
these
conditions
and
qualities
.
Otherwise
as
a
generall
and
publike
Lawe
,
looseth
the
name
of
a
publike
Lawe
,
vnlesse
it
be
such
as
hath
the
foresaide
coherences
:
euen
so
a
Priuiledge
looseth
the
name
of
a
priuate
Lawe
,
vnlesse
it
haue
the
like
adiuncts
.
The
second
fallacie
wherein
pluralitie
men
beguile
themselues
,
is
as
euident
and
palpable
as
the
first
.
They
reason
thus
:
Churches
were
established
and
Parishes
distinguished
by
man
:
therefore
Churches
and
Parishes
may
bee
vnited
by
man
:
and
if
Churches
maye
bee
vnited
by
man
,
then
one
man
may
haue
many
Benefices
.
The
antecedent
of
which
Enthimeme
is
sophisticall
,
because
of
the
double
and
treble
signification
of
the
worde
Churches
,
and
therefore
the
argument
lu●peth
after
the
same
manner
,
as
the
former
did
,
attributing
the
establishing
of
Churches
to
man
onelie
:
for
if
they
shoulde
meane
by
this
worde
(
Churches
)
frames
of
Churches
,
fashioned
of
Timber
,
Woode
,
Stone
,
Morter
,
and
such
like
,
then
say
they
truelie
,
that
Churches
were
builded
and
founded
by
man
:
as
to
saie
,
by
Masons
,
Carpenters
,
Tylars
,
&c.
But
they
will
not
haue
the
name
of
(
Churches
)
in
their
Argument
to
be
taken
in
this
sense
.
Their
meaning
(
I
am
sure
)
is
not
so
,
they
haue
no
such
intent
:
for
so
might
they
rather
burthen
themselues
with
the
reparations
of
manie
churches
,
then
profit
themselues
,
with
the
reuenues
of
manie
Churches
:
And
by
beeing
Lordes
of
manie
Steeples
after
that
sort
,
they
might
gape
long
inough
vpon
them
,
before
they
gained
ought
by
them
.
If
they
meane
by
this
word
(
Churches
)
congregations
&
assemblies
of
people
,
then
is
their
assertion
absolute●e
false
,
because
the
Lorde
hath
willed
all
his
people
to
gather
and
assemble
themselues
together
,
to
the
intent
they
should
call
vpon
his
name
:
And
then
in
this
sense
their
conclusion
must
needes
faile
also
,
because
Pag.
121.
it
is
both
impossible
for
all
the
people
to
bee
assembled
together
into
one
place
,
and
also
impossible
to
heare
one
mannes
voyce
.
But
Churches
againe
taken
and
vnderstoode
in
this
sense
,
as
they
make
not
for
their
purpose
●ne
waie
:
so
are
they
not
curraunt
to
themselues
and
their
senses
another
waie
.
They
would
teach
and
preach
little
inough
,
and
bee
wearie
of
well
dooing
soone
inough
,
had
they
not
respect
to
grease
themselues
,
rather
with
the
fat
of
the
labour
of
the
people
,
then
diligentlie
to
gouerne
and
instruct
the
people
:
And
therefore
I
gesse
their
meaning
to
be
,
that
Churches
in
their
former
proposition
,
shoulde
signifie
the
liuings
of
Churches
,
and
therefore
their
argument
to
be
thus
in
effect
.
Liuinges
of
Churches
are
established
and
distinguished
by
man
:
therefore
liuinges
of
Churches
may
bee
taken
awaie
,
or
vnited
by
man
,
wherein
they
attribute
still
to
man
alone
,
that
that
in
no
wise
appertaineth
to
man
alone
:
for
as
Congregations
are
appointed
by
the
Lorde
himselfe
,
so
are
pastours
ouer
Congregations
,
and
liuings
for
pastours
likewise
appointed
by
him
:
And
therefore
as
congregations
of
the
Lordes
people
cannot
bee
altogether
dissolued
by
man
alone
,
so
ought
not
the
liuinges
appointed
for
the
pastours
of
the
same
people
to
bee
taken
awaie
by
man
alone
.
Doe
yee
not
knowe
(
saith
the
Apostle
)
that
they
which
minister
●or.
1.
9.
13
about
the
holie
thinges
,
eate
of
the
thinges
of
the
Temple
:
and
they
which
waite
at
the
Altar
,
are
partakers
with
the
Altar
?
So
also
hath
the
Lorde
ordained
,
that
they
which
preach
the
Gospell
,
shoulde
liue
of
the
Gospell
.
And
therefore
,
in
saying
that
liuinges
of
Churches
and
Parishes
are
distinguished
,
by
man
,
therefore
they
maye
bee
vnited
by
man
,
though
in
some
sense
the
same
may
bee
true
,
yet
thereby
it
followeth
not
,
that
manie
liuinges
appointed
by
the
Lorde
himselfe
for
manie
pastours
ouer
manie
Congregations
,
should
bee
taken
from
manie
and
bee
giuen
to
one
.
They
might
as
well
conclude
,
that
Pag.
122.
whereas
the
Lord
had
commaunded
the
lande
of
Canaan
to
bee
diuided
amongest
the
children
of
Israel
by
the
hande
of
Moses
:
and
whereas
Moses
had
giuen
vnto
some
one
familie
,
a
greater
portion
,
and
to
some
other
familie
a
lesser
portion
:
that
therefore
Ioshua
,
Moses
successour
,
might
haue
taken
both
the
greater
and
the
lesser
,
and
giuen
it
to
one
alone
,
or
to
haue
taken
all
the
portions
and
inheritaunces
allotted
vnto
diuerse
and
sundrie
of
a
familie
,
and
to
haue
giuen
them
to
one
of
one
familie
alone
:
or
whereas
Moses
according
to
his
commission
,
had
distributed
the
land
into
twleue
partes
,
according
to
the
twelue
principall
and
chiefe
families
:
Ioshua
might
haue
made
but
two
or
three
,
or
foure
Captaines
ouer
all
the
whole
twelue
Tribes
.
As
our
auncesters
in
times
past
,
bounding
and
limitting
Parishes
,
haue
inlarged
some
with
wider
borders
,
and
straightned
some
with
narrower
passages
then
was
meete
and
conuenient
:
So
were
it
verie
good
and
commendable
for
men
of
wisedome
in
our
daies
,
to
yeeld
to
haue
a
better
equalitie
,
then
that
some
should
haue
all
,
and
some
neuer
a
whit
:
some
two
or
three
thousand
pounds
by
the
yeere
,
and
some
scarcelie
20.
Nobles
:
so
that
the
pastor
that
now
hath
too
little
,
might
by
some
meanes
haue
sufficient
:
and
that
he
that
hath
now
too
much
,
might
haue
a
conuenient
competencie
.
If
Sempronius
the
taylor
should
make
Titius
his
garment
too
short
wasted
,
and
Seius
his
garment
too
long
wasted
,
it
followeth
not
therefore
,
that
Caius
the
pilferer
,
to
make
himselfe
a
garment
,
should
by
stealth
conuey
both
garments
awaie
.
By
the
vnfolding
of
these
fallacies
,
you
may
iudge
,
that
if
pluralitie
men
,
to
serue
their
turne
indeed
,
could
haue
framed
their
argument
skilfullie
,
they
would
then
haue
fashioned
the
same
after
this
sort
.
-
1
Whatsoeuer
is
established
,
and
distinguished
by
man
alone
,
the
same
may
be
taken
awaie
and
vnited
by
man
alone
.
Pag.
123.
-
2
But
Churches
,
that
is
to
saie
:
Congregations
of
the
Lords
people
:
pastours
of
these
assemblies
,
and
the
liuings
for
the
pastours
of
these
assemblies
,
were
established
and
distingushed
by
man
alone
:
-
3
Therefore
Churches
,
pastours
,
and
liuings
for
pastours
,
may
be
taken
awaie
and
vnited
by
man
alone
.
Now
because
the
Minor
proposition
of
this
Sillogisme
is
vtterlie
false
,
therefore
I
conclude
against
pluralitie
men
thus
-
1
Whatsoeuer
is
established
&
distinguished
by
the
Lord
himselfe
,
the
same
may
not
be
taken
awaie
or
vnited
by
man
:
-
2
But
Churches
,
that
is
to
saie
,
assemblies
and
societies
of
the
Lords
people
,
pastours
of
these
assemblies
,
&
liuings
for
the
pastours
of
these
assemblies
,
are
established
and
distinguished
by
the
Lord
himselfe
:
-
3
Therefore
Churches
,
that
is
to
saie
,
assemblies
of
people
:
pastours
,
&
liuings
for
pastours
,
may
not
be
taken
away
,
or
vnited
by
man
.
THe
Minor
proposition
of
which
Syllogisme
,
to
euerie
man
,
not
minded
to
cauill
at
these
words
,
(
Established
and
Distinguished
)
is
infallible
,
and
not
to
be
denied
:
for
though
boundes
and
limits
of
certaine
Parishes
are
bordered
out
by
man
:
and
that
a
certaine
number
of
people
,
called
to
make
one
congregation
,
and
to
heare
at
one
time
,
in
one
place
,
one
certaine
pastour
,
be
at
the
rule
and
disposition
of
man
:
yet
that
these
things
should
be
thus
done
is
the
speciall
commandement
of
the
Lord
.
Moreouer
,
when
as
this
thing
shall
be
once
thus
performed
by
man
,
(
according
to
the
Lordes
commaundement
)
it
shall
be
,
&
is
lawfull
for
man
againe
,
where
the
congregation
is
too
great
,
to
make
Pag.
124.
the
same
lesse
,
and
where
it
is
to
little
,
to
make
the
same
greater
:
&
in
this
sense
I
graunt
,
that
as
it
is
lawful
for
man
to
establish
,
and
distinguish
:
so
it
is
lawfull
for
man
to
take
awaie
and
to
vnite
Churches
and
liuinges
.
But
because
this
is
not
the
meaning
of
pluralists
,
for
that
they
will
haue
one
pastor
to
be
placed
ouer
manie
Congregations
,
and
manie
Congregations
to
finde
one
pastor
:
manie
bodies
to
haue
one
head
:
and
one
head
to
haue
manie
bodies
:
manie
flocks
to
haue
one
shepheard
,
and
one
shepheard
to
haue
manie
flockes
:
Therfore
mine
argument
without
anie
cauili
remaineth
firme
against
them
.
And
for
these
considerations
,
as
before
,
so
againe
I
denie
the
consequence
made
by
plurified
men
,
for
the
possessing
of
many
benefices
by
one
man
.
For
,
though
by
coulour
of
lawe
,
they
pretend
right
vnto
them
:
yet
the
lawe
indeede
yeeldeth
them
no
such
aduauntage
,
because
dispensations
for
manie
benefices
and
Parish
Churches
,
with
cure
of
soules
generallie
graunted
,
are
,
and
ought
by
lawe
to
be
vtterlie
volde
and
of
none
effect
,
as
partlie
hath
bene
prooued
,
and
more
at
large
appeareth
by
that
that
followeth
.
Dispensatio
Glos
.
1.
q.
7
c.
requiritis
.
est
iur●s
commun●s
relaxat
to
,
facta
cum
causae
cognitione
,
ab
eo
qui
ius
habet
dispensandi
.
A
dispensation
is
a
relaxation
or
release
of
common
right
,
graunted
by
him
that
hath
power
to
dispence
,
hauing
first
taken
knowledge
of
the
cause
thereof
:
that
is
,
hauing
considered
,
whether
there
bee
iust
cause
to
mooue
him
to
graunt
a
priuiledge
or
dispensation
against
common
right
or
no.
By
which
definition
it
is
euident
,
that
Dispensare
,
is
diuersa
pensare
:
nam
omnia
quae
ad
caus●
cognitionem
pertinent
,
pensare
debet
,
qui
dispensari
vult
.
To
Dispence
,
is
to
ponder
diuerse
things
:
for
hee
that
will
Dispence
,
ought
to
weigh
and
to
consider
all
those
things
which
pertaine
to
the
knowledge
of
the
cause
.
In
which
descriptions
,
three
things
are
principallie
requisite
and
necessarie
.
First
,
the
person
or
iudge
that
hath
authoritie
to
dispence
.
Secondlie
,
the
causes
for
the
which
dispensations
may
be
graunted
:
And
lastlie
,
an
examination
or
discussion
of
those
causes
:
Pag.
125.
So
that
if
anie
dispensation
or
facultie
whatsoeuer
shall
bee
graunted
,
either
A
non
Iudice
,
by
one
that
is
no
Iudge
,
either
without
a
lawfull
cause
:
or
lastlie
,
without
a
speciall
tryall
and
sifting
of
that
same
lawefull
cause
,
before
it
passe
:
euerie
such
despensation
by
a
necessarie
consequence
,
is
meerelie
voide
,
because
euerie
such
dispensation
agreeth
not
to
the
definition
of
a
Glos
.
extrauagant
de
prebend
.
dispensation
,
and
therefore
cannot
bee
the
thing
defined
.
Concerning
the
partie
that
hath
power
and
authoritie
to
graunt
&
dignit
.
c.
execrabilis
ver.
vltima
.
H.
8.
dispensations
,
and
to
take
knowledge
of
the
lawfulnesse
of
the
causes
requisite
to
make
dispensations
good
and
auaileable
,
the
same
in
this
Realme
,
is
the
Archbishoppe
of
Canterbur●e
:
and
vppon
his
refusall
then
,
such
as
her
highnesse
shall
appoint
to
that
office
,
according
to
the
forme
of
a
Statute
prouided
in
that
behalfe
.
And
therefore
touching
his
person
thus
appointed
to
bee
Iudge
,
I
conclude
from
the
generall
to
the
speciall
,
as
before
:
that
because
the
positiue
lawes
of
man
against
pluralities
,
are
all
grounded
either
vppon
the
lawe
of
Nature
,
or
vppon
the
lawe
of
God
:
And
because
,
as
the
lawes
of
Nature
and
the
lawes
of
God
are
immutable
,
so
shoulde
the
same
positiue
lawes
remaine
stable
and
vnchangeable
:
that
therefore
the
Archbishoppe
of
Canterburie
,
beeing
a
man
,
hath
no
more
right
to
giue
a
dispensation
against
the
positiue
lawes
of
man
,
made
against
pluralities
,
then
hee
hath
to
giue
a
dispensation
against
Glos
.
extra
.
de
vot
.
c.
non
est
ver.
authoritate
.
Extra
.
d●
conces
.
preb.
pro.
posuit
versupra
&c.
cum
ad
monasterium
:
ex
d●
statu
monacho
.
the
lawe
of
Nature
,
or
against
the
lawe
of
God
.
For
saith
the
Glose
in
one
place
:
No
dispensation
against
the
lawe
of
Nature
,
or
against
the
lawe
of
God
is
tollerable
,
no
not
by
the
Pope
himselfe
.
As
touching
the
causes
wherevppon
the
sayde
Archbishoppe
,
or
other
officers
,
shoulde
,
and
ought
bee
mooued
,
by
remitting
the
rigour
of
common
right
,
to
graunt
immunities
and
dispensations
,
they
are
two
fold●
:
One
consisteth
Pag.
126.
in
the
dignitie
and
worthinesse
of
the
persons
,
the
other
in
the
waightinesse
of
certaine
speciall
causes
.
For
in
truth
,
either
the
defect
of
the
qualitie
of
the
person
,
or
the
want
of
a
iust
cause
in
Lawe
,
dooth
frustrate
and
make
voide
euerie
dispensation
.
For
neither
can
a
man
qualified
,
and
in
all
respectes
capable
of
a
Dispensation
,
inioye
the
benefite
thereof
,
vnlesse
hee
may
also
inioye
the
same
vppon
a
good
ground
,
and
a
iust
cause
warranted
by
Lawe
:
Neither
can
a
iust
cause
and
good
ground
approued
by
Lawe
,
bee
sufficient
matter
to
Vnto
what
manner
of
persons
dispensations
ought
to
bee
graunted
.
induce
a
Iudge
to
graunt
a
Dispensation
to
him
that
is
vnable
and
vnapt
to
receiue
the
same
.
A
man
well
lettered
,
singularlie
qualified
,
and
endued
with
vertue
and
godlinesse
,
or
of
some
noble
house
and
parentage
,
is
by
Lawe
a
fit
and
meete
man
to
inioye
●●o
benefices
by
Dispensation
then
one
:
Neither
is
it
a
sufficient
qualification
for
one
destitute
of
learning
to
become
a
Chaplaine
onelie
to
some
Noble
man
:
For
the
Statute
prouiding
,
that
some
Noble
mennes
Chaplaines
shoulde
be
made
capable
by
dispensation
to
retayne
●●o
Benefices
,
dooth
not
thereby
take
awaie
the
qualyties
required
to
bee
in
such
personnes
by
common
right
,
but
addeth
a
newe
qualitie
,
requisite
to
be
had
of
euerie
one
,
and
so
maketh
the
lawe
stronger
and
of
more
efficacie
against
pluralities
.
Statuta
debent
Panor
in
c.
ex
parte
.
l.
〈◊〉
.
de
verb.
signifi.
fo.
189.
nu.
intellig●
,
quod
aliquid
addant
iuri
communi
:
Statutes
ought
so
to
be
vnderstood
,
that
they
may
adde
somewhat
to
common
right
.
Circa
sublimes
&
literatas
personas
,
quae
maioribus
beneficijs
sunt
honorandae
(
cum
ratio
postulauerit
)
per
sedem
apostolicam
poterit
dispensari
.
Conceruing
men
of
Nobilitie
and
learning
,
who
with
greater
3.
Extr.
de
prebend
c.
fi.
de
multa
benefices
are
to
be
honoured
,
the
Apostolike
sea
(
if
reason
shal
require
)
may
dispence
with
such
.
And
in
another
Chapter
the
same
is
confirmed
.
Pag.
127
MVLTA
ENIM
in
hoc
casu
dispensationem
inducere
videbantur
:
literarum
scientia
,
morum
honestas
,
vitae
virtus
,
&
fama
personae
multiplieiter
a
quibusdem
etiam
ex
fratribus
nostris
,
qui
eumin
Extr.
de
elec
.
c.
innotuit
.
scholis
cognouerant
approbatae
.
Manie
things
in
this
case
seemed
to
leade
to
the
graunting
of
a
dispensation
,
his
learning
,
his
honest
conuersation
,
his
vpright
life
,
and
the
good
report
of
the
person
diuerslie
commended
,
euen
by
some
of
our
brethren
which
knew
him
at
schoole
.
These
gifts
and
graces
,
these
qualities
,
&
these
conditions
,
are
incident
,
and
appertaine
by
common
right
to
these
men
,
that
by
waie
of
dispensation
,
may
possesse
manie
benefices
.
Whosoeuer
then
is
not
commendable
for
his
learning
,
for
his
honestie
,
for
his
sincere
life
,
or
not
of
some
auncient
and
noble
familie
,
the
same
man
by
lawe
is
vtterlie
barred
and
secluded
from
this
benefit
.
The
second
qualitie
required
to
the
validitie
of
euerie
dispensation
,
is
the
waightinesse
of
some
speciall
cause
,
as
appeareth
in
the
Chapter
before
recited
in
these
words
,
Cum
ratio
postulauerit
,
when
reason
requireth
.
And
againe
wee
aunswere
,
saith
Alexander
the
third
,
in
a
decretall
Epistle
written
to
the
Bishop
of
Exceter
,
that
it
belongeth
to
the
iudgement
of
Extr.
de
voto
.
c.
1.
him
that
is
President
,
that
hee
consider
diligentlie
the
cause
of
communication
,
and
so
accordinglie
to
dispence
.
And
by
the
Chapter
,
Magnae
,
Extra
.
de
voto
,
It
is
plaine
and
euident
,
that
there
must
be
some
speciall
cause
knowen
,
for
the
which
euerie
dispensation
is
to
be
graunted
.
For
as
I
saide
before
,
to
the
ende
that
euerie
dispensation
be
good
and
auaileable
by
Law
,
there
is
required
necessarilie
,
both
the
abilitie
of
the
person
to
whom
,
and
the
iustice
of
the
cause
for
which
the
same
ought
to
be
giuen
.
For
neither
may
an
able
man
,
without
a
iust
cause
,
neither
a
iust
cause
without
an
able
man
,
moue
the
Iudge
in
anie
wise
to
dispence
.
And
to
tell
you
what
these
speciall
causes
are
,
in
few
wordes
they
Pag.
12l
.
are
these
,
vrgent
necessitie
and
euident
vtilitie
of
the
Church
.
Extra
.
de
ele.
c.
cum
nobis
.
Propter
vrgentem
necessitatem
,
&
euidentem
vtilitatem
ecclesiae
Capuanae
,
quam
in
hac
parte
potius
approbamus
,
volumus
ipsum
firmiter
perdurare
.
For
the
vrgent
necessitie
and
euident
vtilitie
of
the
Necessitie
&
vtilitie
of
the
Church
onely
iust
causes
of
a
dispensation
.
1.
q.
7.
requiritis
.
〈◊〉
nisi
.
Church
of
Capua
,
which
on
this
behalfe
wee
rather
haue
respect
vnto
,
our
pleasure
and
will
is
,
that
hee
continue
.
It
is
vnlawfull
by
common
right
for
a
Monke
or
laie
man
to
bee
admitted
to
the
gouernment
of
anie
Church
with
cure
of
soule
:
yet
notwithstanding
.
if
by
reason
of
warre
,
famine
,
persecution
,
or
other
extraordinarie
cause
,
the
office
of
pastorall
teaching
did
cease
,
so
that
the
people
had
none
to
instruct
them
in
the
waie
of
saluation
:
now
in
this
case
it
is
lawfull
for
him
that
hath
authoritie
to
dispence
with
a
Monke
or
laie
man
,
endued
with
learning
,
to
the
end
hee
might
by
instruction
bring
the
people
to
knowledge
.
It
is
vnlawfull
that
children
borne
of
a
Runne
,
violentlie
taken
aware
and
married
,
should
be
admitted
to
anie
Ecclesiasticall
orders
.
Notwithstanding
,
if
the
great
profit
or
necessitie
of
the
Church
require
,
they
may
by
dispensation
bee
admitted
.
Suppose
there
were
a
custome
of
long
continuaunce
and
time
out
of
minde
in
the
Church
of
Paules
,
contrarie
to
the
first
foundation
of
the
Church
,
that
not
onelie
the
Prebendaries
dailie
present
at
diuine
seruice
,
but
also
others
absenting
themselues
should
receiue
euerie
one
a
like
some
dailie
pention
,
either
in
money
or
some
kinde
of
victuall
:
this
custome
by
lawe
is
voide
,
because
it
is
vnreasonable
.
And
yet
notwithstanding
anie
iust
and
necessarie
infirmitie
of
the
bodie
of
anie
Prebendarie
or
euident
vtilitie
of
the
same
Church
,
may
bee
a
lawfull
and
sufficient
inducement
for
the
Ordinarie
to
dispence
with
the
not
restoring
of
that
which
was
vnlawfullie
taken
,
vnder
pretence
of
the
former
custome
.
Pag.
129
If
by
the
first
foundation
of
the
Church
of
Paules
,
tweine
Prebendaries
were
appointed
to
bee
mainteined
by
the
reuenues
of
the
Church
,
and
the
sayd
reuenues
were
not
sufficient
for
the
mainteinance
of
these
twelue
,
the
Bishoppe
then
in
this
case
,
if
the
necessitie
and
vtilitie
of
the
Church
so
require
,
may
annect
certaine
other
Chappelles
for
the
mainteinance
of
the
sayde
Prebendaries
.
These
examples
doo
sufficientlie
prooue
that
euerie
dispensation
,
priuiledge
,
or
immunitie
,
ought
to
bee
grounded
vppon
some
iust
and
reasonable
cause
:
and
that
the
sayde
iust
and
reasonable
cause
,
ought
euermore
to
bee
the
vrgent
necessitie
and
euident
profit
and
commoditie
of
the
Church
.
And
that
the
said
vrgent
necessitie
and
euident
commoditie
of
the
Church
,
ought
euermore
to
bee
vnderstoode
,
the
well
gouerning
of
the
soules
of
the
people
.
If
therefore
neither
vrgent
necessitie
or
euident
vtilitie
of
the
Church
require
that
anie
one
should
haue
manie
Benefices
,
yea
rather
,
if
it
bee
most
profitable
and
necessarie
for
the
Chruch
,
that
one
man
should
haue
but
a
liuing
appointed
for
one
man
,
and
that
by
ioyning
benefice
to
benefice
,
and
Church
to
Church
,
the
Church
indeede
is
meruailously
wounded
,
grieued
and
molested
:
and
that
the
soules
of
the
people
,
are
thereby
not
gouerned
at
all
,
but
lefte
at
randon
to
their
owne
direction
,
hauing
no
guide
to
conduct
them
:
euerie
one
may
euidentlie
discerne
,
dispensations
in
that
behalfe
,
to
be
altogether
intollerable
,
hauing
no
ground
nor
foundation
of
reason
,
equitie
,
or
lawe
,
but
onelie
graunted
for
the
priuate
gaine
and
iucre
of
some
couetous
and
vaine
glorious
persons
.
Whereas
it
may
be
answered
,
that
the
statutes
of
the
realme
,
licensing
diuerse
Ecclesiasticall
persons
,
qualified
either
by
degree
of
schoole
,
or
by
seruice
vnto
nobilitie
,
ought
more
to
be
respected
in
this
behalfe
,
then
the
reasons
of
the
Canon
law
.
Herevnto
I
aunswere
,
that
for
my
part
,
I
heartelie
desire
and
praie
vnto
God
,
that
these
lawes
might
be
respected
,
and
that
the
law
of
England
might
rule
an
English
man
in
this
case
.
But
alsse
,
our
lawes
are
bels
without
clappers
;
they
are
founded
,
but
they
found
not
,
they
are
bands
,
but
they
binde
not
.
Pag.
13
For
though
by
the
statutes
of
the
realme
certaine
noble
mens
Chaplaines
,
&
others
graduated
in
the
Uniuersities
,
be
qualified
,
and
made
capable
of
dispensations
,
yet
I
denie
the
lawes
of
this
Realme
to
approue
anie
manner
of
dispensations
tollerable
at
all
,
for
anie
kinde
of
these
qualified
men
,
vnlesse
the
same
be
,
first
,
in
cases
of
necessitie
for
the
peace
of
the
common
weale
:
Secondlie
,
in
cases
of
conueniencie
,
for
the
honour
of
her
highnesse
person
:
and
lastly
,
warranted
by
the
holie
Scriptures
and
lawes
of
God
.
For
though
the
statute
make
some
men
,
fit
mēfor
the
Archb.
to
worke
vpon
,
&
as
it
were
anuiles
for
him
to
strike
vpon
,
yet
the
same
statute
imposeth
no
necessitie
,
for
the
B.
to
worke
without
the
word
.
But
if
it
bee
lawfull
by
the
word
,
then
by
the
lawe
,
he
may
if
hee
will
.
But
if
it
be
vnlawfull
by
the
word
,
then
hee
may
not
though
hee
would
.
The
lawe
followeth
.
Be
it
enacted
that
neither
the
king
,
his
heires
and
successours
,
Kings
of
this
Realme
,
nor
anie
of
their
subiects
of
this
Realme
,
nor
of
the
Kings
dominions
,
shall
from
thence
foorth
sue
to
the
sea
of
Rome
,
or
vnto
anie
person
or
persons
,
hauing
or
pretending
anie
authoritie
by
the
same
for
licenses
,
dispensations
,
impositions
,
faculties
,
graunies
,
rescriptes
,
delegacies
,
instrumentes
,
or
other
writings
,
of
what
kinde
,
name
,
&c
for
the
which
anie
license
,
dispensation
,
composition
,
facultie
,
graunt
,
rescript
,
delegacie
,
instrument
or
other
writing
,
heeretofore
hath
bene
vsed
and
accustomed
to
bee
had
and
obtained
at
the
sea
of
Rome
,
or
by
authoritie
thereof
,
or
of
anie
Prelate
of
this
Realme
,
nor
of
anie
manner
of
other
licenses
,
dispensations
,
compositions
,
faculties
,
grauntes●
,
rescripts
,
delegacies
,
or
anie
other
instruments
or
writings
,
that
in
cases
of
necessitie
may
lawfullie
be
graunted
,
without
offending
holie
Scriptures
and
lawes
of
God
:
Pag.
131
but
that
from
hence-forth
euerie
such
lisence
,
&c.
afore
named
&
mentioned
necessarie
for
your
highnesse
,
your
heires
or
successours
,
and
your
and
their
people
and
subiects
,
vpon
the
due
examination
of
the
causes
and
qualities
of
the
persons
procuring
such
dispensations
,
licenses
,
&c.
shall
be
graunted
,
had
&
obtained
,
from
time
to
time
within
this
your
Realme
,
and
other
your
dominions
,
and
not
else
where
in
manner
and
forme
following
,
and
no
otherwise
:
that
is
to
saie
,
the
Archbishop
of
Canterburie
for
the
time
being
,
and
his
successours
shall
haue
power
&
authoritie
from
time
to
time
by
their
discretions
,
to
giue
,
graunt
,
and
dispose
by
an
instrument
,
vnder
the
seale
of
the
said
Archbishoppe
,
vnto
your
Maiestie
,
and
to
your
heires
and
successours
,
Kinges
of
this
Realme
,
as
well
all
manner
such
licenses
,
dispensations
,
faculties
,
graunts
,
rescripts
,
delegacies
,
instruments
,
and
all
other
writings
for
cases
not
being
contrarie
or
repugnant
to
the
holy
Scriptures
and
lawes
of
God
,
as
heretofore
hath
bene
accustomed
to
be
had
and
obtained
by
your
Highnesse
,
or
anie
your
most
noble
progenitors
,
or
anie
of
yours
or
their
subiects
,
at
the
sea
of
Rome
,
or
anie
person
or
persons
by
authoritie
of
the
same
,
and
all
other
licenses
,
dispensations
,
faculties
,
&c.
in
and
for
,
and
vpon
all
such
causes
and
matters
,
as
shall
be
conuenient
and
necessarie
to
be
had
for
the
honour
and
suretie
of
your
Highnesse
,
your
heires
and
successours
,
and
the
wealth
and
profit
of
this
your
Realme
:
so
that
the
said
Archbishop
or
anie
his
successours
,
in
no
manner
wise
shall
graunt
anie
dispensation
,
license
,
rescript
,
or
anie
other
writing
afore
rehearsed
,
for
anie
cause
or
matter
repugnant
to
the
law
of
almightie
God
.
This
act
is
renued
1.
Elizab.
Prouided
alwayes
,
that
this
act
,
nor
anie
thing
or
things
therin
contained
,
shall
be
hereafter
interpreted
or
expounded
,
that
your
grace
,
your
nobles
and
subiects
intend
by
the
same
to
decline
or
varie
from
the
congregation
of
Christ
his
Chruch
in
anie
thing
concerning
the
verie
articles
of
the
catholique
faith
of
Christendome
.
or
in
anie
other
thinges
declared
by
holie
Scripture
,
and
the
worde
of
God
,
necessarie
for
your
and
their
saluations
,
but
onelie
to
make
an
ordinance
by
pollicie
,
necessarie
&
conuenient
to
represse
vice
,
and
for
good
conseruation
of
this
Realme
in
peace
,
vnitie
,
and
tranquilitie
from
rauine
and
spoile
.
Pag.
132
In
which
act
is
set
foorth
vnto
vs
,
what
great
care
and
circumspection
,
our
auncestours
in
the
twi-light
of
the
Gospell
,
had
for
the
abolishing
of
corruptions
,
and
the
establishing
of
a
sincere
gouernment
,
both
in
the
Church
and
common
weale
:
and
how
diligentlie
and
faithfullie
they
prouided
,
that
no
manner
of
dispensations
,
licenses
or
immunities
,
should
be
had
or
obtained
,
but
in
cases
of
necessitie
,
in
cases
not
contrarie
or
re●ugnant
to
the
lawes
of
God
:
in
cases
wherein
the
wealth
,
profit
,
peace
,
and
conseruation
of
the
Realme
requireth
:
in
cases
conuenient
for
the
honour
and
safetie
of
the
kings
person
:
with
a
du●
consideration
alwaies
of
the
causes
and
qualities
for
the
which
,
and
of
the
persons
to
whom
anie
license
or
immunitie
shoulde
be
graunted
.
And
therefore
out
of
this
statute
first
I
conclude
thus
against
plurified
men
.
-
1
Whatsoeuer
cause
or
matter
is
repugnant
to
the
lawe
of
God
,
the
Archbishop
may
not
dispence
with
the
same
:
-
2
But
the
matter
of
hauing
many
benefices
,
or
beeing
Non
residents
,
is
repugnant
to
the
lawes
of
God
:
-
3
Therefore
the
Archb
,
may
not
dispence
with
the
same
.
Againe
.
-
1
Whatsoeuer
is
not
necessarie
for
the
wealth
,
peace
,
profit
,
&
conseruation
of
the
realme
,
&
same
by
this
statute
is
forbidden
:
-
2
But
y●
one
man
should
inioy
by
waie
of
dispensation
from
&
Archb.
liuings
appointed
for
many
men
,
is
not
necessarie
for
the
wealth
,
peace
,
profit
,
&
conseruation
of
&
Realme
.
-
3
Therefore
the
same
is
forbidden
by
this
statute
.
Lastly
.
-
1
Whatsoeuer
is
not
conuenient
for
the
honour
and
safetie
of
her
highnesse
person
,
&
same
by
this
statute
is
forbidden
:
-
Pag.
133
2
But
it
is
not
conuenient
for
&
honour
&
safetie
of
her
highnes
person
,
to
haue
the
Archb.
dispence
for
many
benefices
.
-
3
Therefore
by
this
statute
the
Archbishop
is
forbidden
to
dispence
,
&c.
THE
Minor
proposition
of
the
first
Syllogisme
hath
bene
alreadie
sufficientlie
prooued
by
many
infallible
conclusions
of
Lawe
,
and
vndoubted
truths
of
the
worde
of
God
,
and
therefore
it
is
needlesse
to
make
anie
repetition
thereof
.
Onely
I
would
haue
the
reader
diligently
to
marke
the
words
of
the
Statute
,
forbidding
all
manner
of
Dispensations
,
in
anie
matter
or
cause
repugnant
to
the
worde
of
God
.
For
though
the
aduersarie
cauil
,
that
wee
finde
not
in
the
Scriptures
these
tearines
:
viz.
Licenses
,
Tollerations
,
Dispensations
,
&c.
preciselie
specified
in
anie
commandement
,
prohibitorie
in
the
Scriptures
:
yet
in
as
much
as
the
matter
or
cause
of
dispensations
sor
manie
benefices
is
there
generallie
forbidden
:
as
ambition
,
pride
,
couetousnesse
,
●●rill
of
selues
,
&c.
Therefore
it
followeth
,
that
by
It
is
against
the
profit
of
the
common
weale
,
that
the
Archb.
should
dispence
.
this
〈◊〉
Dispensations
in
this
case
are
absolutelie
inhibited
.
The
Minor
proposition
of
the
second
Sill●gisme
may
be
confirmed
by
three
euident
reasons
.
First
from
the
euent
,
which
by
our
owne
common
and
bailie
experience
,
wee
too
too
well
knowe
to
be
true
.
For
by
the
same
we
see
a
few
wealthie
and
rich
Prelates
,
in
pride
and
ioilitie
to
be
mainteined
,
and
a
great
number
of
needie
Stipendarie
Curates
,
and
poore
Ministers
to
be
vtteriie
desi●ute
of
meete
and
conuenient
allowancco
:
so
that
sometimes
after
their
decease
,
their
distressed
wiues
and
children
are
forced
either
to
be
●el●●ued
by
the
seuerall
Parishes
or
their
abo●des
,
to
the
impouerishing
of
the
same
Parishes
,
or
else
consirained
to
b●●
from
place
to
place
and
so
be
chas●●●ed
as
roges
:
Pag.
134.
or
pilier
and
steale
,
and
so
bee
punished
as
selons
.
Secondlie
,
by
a
comparison
drawen
from
the
other
Statutes
of
the
Realme
,
prouiding
that
one
rich
and
mightie
man
should
not
exercise
manie
seuarall
mysteries
,
trabes
,
and
faculties
,
and
so
rob
the
poorer
sort
from
the
ordinarie
meanes
,
whereby
they
might
liue
well
and
honestlie
in
the
common
wealth
.
The
third
reason
is
taken
from
an
adiun●t
or
common
accident
to
euerie
common
weale
,
rightlie
gouerned
:
that
is
,
that
the
last
Wils
and
Testaments
of
all
and
singular
testators
be
dulie
executed
:
especiallie
such
,
as
whereby
the
honour
of
God
is
promoted
,
the
Church
and
common
weale
manifeselie
regarded
:
but
vnto
the
performance
of
the
last
wils
and
Testaments
of
manie
patrons
,
endowing
mame
Churches
with
large
and
ample
possessions
,
to
the
intent
conuenient
liuing
might
be
alwaies
prouided
for
pasrours
to
bee
resiant
,
and
to
feeve
their
posteritie
wi●h
the
foode
of
life
,
the
worde
of
God
,
there
can
be
nothing
more
premdiciall
,
or
more
deregatorie
,
then
that
these
seuerall
patrimonies
and
inheritances
,
appointed
by
seuerall
patrons
,
for
seuerall
pastors
,
to
such
seuerall
and
good
vses
,
should
by
the
dispensation
of
one
man
,
bee
transformed
and
giuen
to
another
vse
.
contrarie
to
the
testator
his
intent
and
purpose
.
And
therefore
I
confirme
my
Minor
proposition
by
these
three
conclusions
.
-
1
Whatsoeuer
is
an
occasion
that
poore
and
needie
Ministers
,
their
wiues
and
children
,
doo
want
a
competent
and
conuenient
mainteinance
,
the
same
is
not
necessarie
,
for
the
profit
,
peace
,
wealth
,
and
conseruation
of
the
common
weale
:
-
2
But
that
one
man
should
by
dispensation
inioy
many
benefices
,
is
an
occasion
that
poore
&
needie
Ministers
,
their
wiues
and
children
doe
want
a
competent
&
conuenient
maintainance
:
-
3
Therefore
that
one
man
should
by
dispensation
inioy
manie
benefices
,
is
not
necessarie
,
for
the
profit
,
peace
,
wealth
,
and
conseruation
of
the
common
weale
.
-
1
Whatsoeuer
is
an
occasion
&
one
man
should
inioy
the
offices
and
liuings
of
many
men
,
the
same
is
not
necessarie
for
the
peace
,
profit
,
wealth
,
&
conseruation
of
the
common
weale
.
-
2
But
that
one
man
should
by
dispensation
inioy
many
benefices
,
is
an
occasion
that
one
man
should
inioy
the
offices
and
liuings
of
manie
men
:
-
3
Therefore
that
one
man
should
inioy
by
dispensation
manie
benefices
,
is
not
necessarie
for
the
peace
,
profite
,
wealth
,
and
conseruation
of
the
common
wealth
.
-
1
Whatsoeuer
is
preiudiciall
and
●erogatorie
to
the
last
Wills
&
testainents
of
testators
,
disposing
their
patrimonie
to
lawfull
and
holie
vses
,
the
same
is
not
necessarie
for
the
peace
,
profit
,
wealth
and
conseruation
of
the
Realme
.
-
2
But
that
one
man
by
dispensation
shoulde
inioye
manie
benefices
,
is
preiudiciall
and
derogatorie
to
such
last
Wils
and
Testaments
.
-
3
Therefore
that
one
man
by
dispensation
should
inioye
manie
benefices
,
is
not
necessarie
for
the
peace
,
profite
,
wealth
and
conseruation
of
the
Realme
.
COncerning
the
validitie
of
the
Minor
proposition
of
my
It
is
inconuenient
for
the
honor
&
safetie
of
her
highnesse
person
,
for
the
Archb.
to
dispence
third
syllogisme
,
drawen
from
the
conueniencie
of
her
highnesse
honour
(
namelie
,
that
it
is
not
conuenient
for
the
honour
&
suretie
of
her
Highnesse
person
,
to
leaue
anie
manner
of
authoritie
,
for
the
Archbishop
to
dispence
)
none
may
well
doubt
thereof
,
but
onelie
such
as
respect
more
the
pompe
and
glorie
of
an
Archbishop
,
then
the
dignitie
and
preheminence
of
a
christian
king
.
For
in
good
sooth
,
this
statute
made
principallie
to
abolish
all
vsurped
power
,
challenged
by
a
forrain
and
Ro●●sh
●ope
,
ouer
Pag.
136.
the
king
&
his
subiects
,
&
yet
to
authorise
a
vomesticall
&
English
Archb.
in
his
roome
,
containeth
in
it
such
a
contrarietie
,
&
such
an
absurditie
,
as
it
is
wonder
how
either
anie
Archb.
durst
challenge
the
execution
thereof
,
or
else
how
her
highnesse
must
noble
father
,
&
brother
,
&
her
Highnesse
owne
person
,
could
endure
the
same
so
long
vncancelled
and
vnrepealed
,
especiallie
the
same
being
most
presudiciall
to
their
regall
crownes
and
dignities
.
For
,
first
by
the
vertue
of
this
statute
,
it
is
enioyned
the
Archbishop
and
his
successours
in
no
manner
wise
,
to
graunt
any
dispensation
,
licence
,
rescript
,
or
any
other
writing
for
any
cause
or
matter
,
repugnant
to
the
law
of
almightie
God
.
Secondly
,
it
is
permitted
vnto
the
sayde
Archbishop
,
and
his
successours
,
by
their
discretions
,
to
graunt
vnto
the
kinges
Maiestie
,
and
to
his
heires
and
successours
,
Kinges
of
this
Realme
,
all
manner
such
licenses
,
&c.
as
heretofore
haue
bene
accustomed
to
be
had
and
obtayned
by
his
Highnesse
,
or
any
his
noble
progenitors
,
or
any
his
subiectes
at
the
sea
of
Rome
.
Which
two
clauses
,
without
dishonour
to
the
Maiestie
of
God
,
or
preiudice
to
hir
highnesie
prerogatiue
,
cannot
possible
establish
a
sound
and
perfect
lawe
.
For
,
first
in
as
much
as
the
Popes
person
was
neuer
duely
qualified
to
be
a
lawfull
dispensor
,
or
any
lawfull
Magistrate
in
the
Church
of
God
,
it
is
manifest
that
euery
dispensation
granted
at
that
time
at
the
sea
of
Rome
,
was
directly
against
the
lawe
of
GOD
,
as
graunted
by
one
that
was
no
member
of
the
Church
of
God
.
Againe
:
In
as
much
as
the
truth
of
the
Gospell
warraunteth
vs
,
that
symony
,
●sury
,
Periury
,
Adultery
,
Incest
,
Nonresidency
,
many
benefices
.
Marriages
against
the
Leuiticall
Law
,
obseruations
of
superstitious
dayes
and
tymes
,
not
eating
of
flesh
in
Lent
,
and
such
lyke
,
are
against
the
Law
of
God
:
it
is
euident
that
dispensations
graunted
at
that
time
,
for
these
and
such
like
thinges
,
at
the
Sea
of
Rome
,
were
graunted
in
causes
and
matters
repugnant
to
the
law
of
God
,
and
so
by
the
former
braunch
of
this
statute
being
precisely
dissalowed
,
cannot
by
the
Pag.
1
37.
second
braunch
of
the
same
bee
generally
approued
.
For
how
can
one
and
the
selfe
samelawe
forbid
and
commaund
,
thinges
so
contrary
and
repugnant
in
themselues
?
Or
how
can
the
Archbishop
safely
ground
his
iurisdiction
vpon
a
law
so
contrary
and
repugnant
vnto
it selfe
?
If
the
Archbishop
shall
thinke
that
these
two
braunches
may
be
reconciled
,
and
that
the
meaning
of
the
former
may
and
ought
simply
to
be
vnderstood
,
as
the
words
them selues
import
:
and
that
the
second
braunch
,
may
and
ought
to
be
vnderstoode
,
to
bound
and
limite
such
an
authoritie
to
him selfe
,
as
whereby
he
might
graunt
such
licenses
as
were
had
and
obtained
at
that
time
,
at
the
sea
of
Rome
,
for
matters
not
contrary
or
repugnant
to
the
lawe
of
God
:
yet
neither
by
this
interpretation
,
is
the
Archbishop
truely
intituled
vnto
any
authority
,
thereby
to
dispence
for
symony
,
nonresidence
,
many
benefices
,
marriages
in
Lent
,
&c.
in
as
much
,
as
such
maner
of
licenses
,
obtained
at
the
time
at
the
sea
of
Rome
,
were
obtained
for
matters
repugnant
vnto
the
law
of
God
,
and
contrary
to
the
truth
of
the
doctrine
of
the
Gospell
:
and
so
by
this
starute
fla●●●
forbidden
.
which
things
our
auncestors
,
not
thoroughly
foreseeing
,
neither
onely
examining
for
what
maner
of
causes
or
matters
licenses
were
at
that
time
obtained
at
the
sea
of
Rome
:
but
onely
in
a
generanti●
inhibiting
things
repugnant
vnto
the
law
of
God
,
&
neuer
particularly
describing
what
those
things
were
:
but
leauing
the
same
wholly
to
the
iudgement
and
discretion
of
one
man
,
the
Archbishop
alone
,
haue
fallen
into
two
paipable
absurdities
:
the
one
,
that
one
man
alone
,
hath
from
time
to
time
authoritie
by
his
discrerion
,
to
determine
what
causes
are
repugnant
to
the
holy
scriptures
and
lawes
of
God
:
Pag.
138
what
causes
and
matters
are
conuenient
for
the
honour
and
safetie
of
the
King
of
England
,
and
what
are
necessary
to
be
had
for
the
wealth
and
profite
of
the
Realme
,
three
things
of
such
waight
and
importance
,
as
the
whole
bodie
of
the
realme
,
at
that
time
,
was
scarce
able
to
conceiue
,
much
lesse
shall
euer
any
one
Archbishop
be
able
to
practise
.
The
other
absurditie
is
this
,
viz
,
that
by
this
statute
,
soueraignitie
is
giuen
to
the
Archbishop
and
his
successors
,
to
dispence
with
the
king
,
and
his
successors
,
kinges
and
Queenes
of
England
.
The
wordes
of
the
statute
are
plaine
&
euident
.
But
what
reason
is
there
for
kings
and
Queenes
of
Englande
,
to
become
wardes
and
pupils
vnto
an
Archbishoppe
of
England
?
Or
how
agreeth
it
with
the
word
of
God
,
that
a
Christian
King
shoulde
in
any
sort
bee
in
subiection
vnto
his
owne
vassall
?
Or
what
Christian
subiect
dareth
attempt
to
offer
vnto
his
Christian
soueraigne
a
tolleration●
For
,
in
case
the
matter
of
the
sayde
tolleration
be
pretended
to
concerne
the
conscience
,
then
if
the
matter
be
free
and
lawfull
by
the
law
of
God
,
a
Christian
king
may
as
well
and
as
freely
vse
the
libertie
of
his
conscience
,
with
out
licence
from
his
subiect
,
as
his
subiect
maye
vse
his
freedome
,
without
dispensation
from
the
king
.
If
it
be
contrary
to
the
lawe
of
God
,
then
may
neither
a
Christian
king
,
neither
a
Christian
subiect
be
dispenced
with
.
For
what
man
can
dispence
with
the
lawe
of
God●
And
in
case
the
matter
of
dispensation
concerne
any
thing
appertaining
vnto
this
lyfe
,
how
then
should
the
king
receiue
a
dispensation
from
the
Archbishop
,
without
impeaching
his
kingly
dignitie
and
prerogatine
?
For
either
he
must
be
dispenced
with
,
for
breach
of
the
positine
law
of
this
lande
,
and
haue
the
payne
of
law
,
remitied
him
by
the
Archbishop
,
which
were
to
set
the
Archbishoppes
keyes
aboue
the
kinges
armes
:
Or
els
he
must
purchase
a
dispensation
,
that
he
may
break
his
law
,
which
wer
against
his
honor
&
safety
.
For
saith
the
Emperour
.
Digna
vox
est
maiestate
Pag.
13
regnantis
,
legib●●●
alligaium
se
principem
prositeri
.
It
is
a
word
worthie
c.
De
le
.
&
const
it
.
princ
.
l.
digna
.
the
m●i●s●ie
of
a
ruler
,
to
acknowledge
himselfe
as
chiefe
tied
vnto
the
lawes
.
Moreouer
,
this
case
betweene
the
king
and
the
Archbishop
,
is
farre
different
from
the
case
betweene
the
king
and
his
Iustices
at
lawe
,
determining
matters
according
to
the
common
lawes
&
customes
of
the
Realme
,
betweene
the
king
&
his
subiects
.
For
they
remaine
still
the
kings
vnderlings
,
and
in
deed
giue
but
the
kings
iudgement
:
they
iudge
not
the
kings
person
,
neither
commeth
anie
thing
touching
his
person
before
them
.
But
dispensations
from
the
Archbishop
to
the
king
,
concerne
the
kings
owne
person
.
The
king
in
his
roiall
person
,
or
by
his
proctor
,
must
appeare
in
the
Archbishops
Consistorie
:
he
must
alleage
before
the
Archbishop
sufficient
matter
,
wherevpon
the
Archbishoppe
(
but
a
subiect
)
may
be
mou●d
to
dispence
with
the
king
his
soneraigne
:
and
finallie
,
the
kings
wisdo●●●
must
be
subiected
to
the
Archbishops
discretion
,
And
therefore
to
confirme
the
Minor
proposition
of
my
third
syllogisme
,
I
conclude
.
-
1
whatsoeuer
is
dishouourable
and
dangercus
for
her
highnesse
person
,
the
same
cannot
be
conuenient
for
her
honour
and
safetie
:
-
2
But
it
is
dishonourable
and
dangerous
,
to
haue
the
Archbishop
to
dispence
with
her
highnesse
:
-
3
Therefore
the
same
is
not
conuenient
,
&c.
Pag.
140
Which
reason
also
,
may
be
as
well
applyed
to
disproue
the
the
vniawsul●nesse
of
the
Archbishoppes
dispensations
,
graunted
vnto
anie
of
her
highnesse
subiects
,
as
vnto
her
highnesse
owne
person
,
in
as
much
as
her
kinglie
prerogatiue
●
supreme
gouernment
in
matters
lawfull
by
the
holie
Scriptures
,
is
thereby
impeached
,
the
Archbishops
iurisdiction
onelie
aduanced
,
and
the
furetie
of
her
royall
person
and
peace
of
the
common
weale
ill
prourded
for
.
Againe
,
sithence
euerie
one
of
sound
iudgement
vnderstandeth
the
honour
and
safetie
of
her
highnesse
person
,
onely
and
wholly
to
consist
in
the
protection
and
safegard
of
our
most
mightie
and
gratious
God
:
&
that
nothing
can
be
so
honourable
and
safe
for
her
highaesie
,
as
humblie
and
reuerentlie
to
attend
,
and
to
submit
her selfe
to
the
scepter
of
his
word
:
the
execution
of
this
statute
by
the
Archbishop
cannot
be
but
most
inconuenient
,
and
perillous
for
her
highnesse
person
,
in
as
much
as
partly
through
a
carrupt
consiruction
,
partlie
by
a
sini●ter
iudgement
,
not
rightly
discerning
what
things
are
repugnant
to
the
holy
Scriptures
,
which
causeth
the
name
of
God
to
be
euill
spoken
of
,
and
is
a
dishonour
vnto
God
,
and
therefore
no
honour
nor
safetie
vnto
her
highnesse
person
.
And
therefore
her
highnesse
is
humblie
to
be
intreated
,
to
take
the
entire
dominion
,
and
whole
soueraigntie
due
vnto
her
by
the
worde
of
God
,
into
her
owne
handes
,
and
not
anie
longer
to
suffer
such
a
blemish
to
remaine
in
her
gonernment
.
Had
her
Highnesse
most
noble
Father
vnderstood
,
his
kinglie
person
to
haue
vnder-gone
the
Censorship
of
his
subiect
,
no
doubt
he
would
as
couragiouslie
haue
fought
against
an
Archbishop
,
as
hee
did
against
an
Abbot
.
As
concerning
the
pouertie
of
certaine
persons
,
pretended
&
Pouertie
of
the
person
no
cause
for
a
dispensation
.
Rebuff
.
de
dispen
.
ad
plu.
benefi.
alleaged
in
defence
of
dispensations
for
manie
benefices
,
that
because
the
reuenues
and
profites
of
one
benefice
is
now
a
daies
not
a
competent
and
sufficient
mainteinance
for
a
Minister
,
his
wife
and
familie
:
that
therefore
,
in
respect
of
such
pouertie
,
they
are
necessarie
and
to
bee
borne
withall
.
I
answere
heerein
first
with
Rebuffus
the
Lawyer
,
that
Licèt
quis
sit
pauper
,
&c.
Though
one
bee
poore
,
and
suppose
two
benefices
to
bee
verie
necessarie
and
profitable
for
him
,
yet
for
this
cause
the
Pope
may
not
dispence
.
But
if
it
bee
necessarie
or
profitable
for
the
Church
to
haue
a
teacher
,
to
instruct
,
maintaine
,
and
defend
the
same
,
then
shall
a
dispensation
bee
lawfull
.
Pag.
141
Secondlie
,
that
whosoeuer
hath
taken
vpon
him
a
charge
with
a
poore
liuing
and
stipend
belonging
to
the
same
,
ought
by
lawe
to
content
himselfe
therewith
,
and
not
in
respect
of
anie
pouertie
,
to
seeke
to
haue
many
huinges
,
thereby
to
better
his
estate
,
or
augment
his
liuing
:
For
the
Lawe
in
truth
is
as
followeth
.
Qui
modicum
recepit
beneficium
,
32.
q.
5.
c.
horrendus
.
&c.
Hee
that
hath
receiued
a
small
Benefice
,
hath
preiudiced
himselfe
,
therefore
let
him
secke
his
liuing
by
his
owne
craft
,
because
whatsoeuer
hath
once
pleased
him
,
ought
not
anie
more
to
displease
him
.
And
let
euerie
one
walke
in
that
vocation
70.
distinct
.
sanstorum
.
21.
q.
1.
c.
primo
.
glos
.
extra
.
de
rescrip
.
c.
si
proponente
.
ver.
minus
.
ff
91.
distinct
.
quiautem
.
wherevnto
hee
is
called
,
and
let
him
doe
according
to
the
example
of
the
Apostle
,
saying
:
These
handes
haue
ministred
vnto
mee
all
thinges
that
were
wanting
.
And
let
him
that
is
forbidden
to
get
his
liuing
by
filthie
lucre
and
vnhonest
merchandise
,
haue
a
stipend
of
the
oblations
and
offeringes
of
the
Church
:
but
in
case
the
Church
bee
not
sufficient
,
let
him
after
the
example
of
the
Apostle
,
who
liued
by
the
worke
of
his
handes
,
get
by
his
owne
industrie
or
husbandrie
those
thinges
that
are
necessarie
.
Out
of
these
lawes
against
dispensations
graunted
vnto
priuate
persons
in
respect
of
priuate
necessitie
,
I
conclude
thus
:
-
1.
If
priuate
necessitie
and
pouertie
were
a
suffcient
cause
,
to
inioy
a
dispensation
for
many
benefices
,
then
should
priuate
necessitie
haue
beene
warranted
by
Laws
heerevnto
-
2.
But
priuate
necessitie
or
pouertie
is
not
warranted
by
Lawe
,
to
bee
anie
sufficient
cause
for
a
dispensation
:
-
3.
Therefore
the
necessitie
or
pouertie
of
a
priuate
person
is
not
a
sufficient
cause
for
a
dispensation
.
Pag.
142
THE
first
proposition
is
grounded
vppon
the
verie
nature
and
essence
of
a
dispensation
:
for
the
same
beeing
,
as
is
sayde
before
,
of
the
nature
of
a
Priuiledge
,
cannot
otherwise
bee
graunted
,
then
vpon
a
iust
cause
ratified
by
Lawe
.
The
second
proposition
,
being
a
generall
proposition
negatiue
of
the
Lawe
,
cannot
better
bee
manifested
,
then
by
a
speciall
repetition
of
the
thinges
permitted
by
Lawe
,
according
to
this
rule
.
Quod
in
quibusdam
permittitur
,
in
caeteris
prohibetur
:
That
which
is
permitted
in
some
certaine
things
,
the
same
in
other
thinges
is
forbidden
.
And
therefore
the
Lawe
,
allowing
either
vrgent
necessitie
and
euident
vtilitie
of
the
Church
,
or
some
excellent
qualities
of
the
minde
,
or
discent
from
some
auncient
parentage
,
to
bee
onelie
causes
of
dispensation
,
excludeth
all
other
causes
whatsoeuer
.
And
as
touching
necessitie
and
pouertie
of
priuate
persons
,
the
Lawe
absolutelie
appointeth
other
meanes
to
releeue
the
same
,
then
by
waie
of
dispensation
:
Neither
can
it
bee
found
in
the
whole
bodie
of
Lawe
,
that
pouertie
alone
is
anie
sufficient
cause
to
procure
a
dispensation
for
manie
Benefices
.
For
the
Lawe
accounteth
him
alwaies
to
haue
a
competencie
and
sufficiencie
,
which
hath
Victum
&
vestitum
,
meate
drinke
,
and
apparell
,
which
is
prooued
thus
:
luxta
sanctum
Apostolum
,
12.
9.
1.
E.
Episcopies
ver.
9.
2.
c.
Episcopu●
.
sic
dicentem
,
habentes
victum
&
vestitum
,
hijs
contenti
simus
:
according
to
the
saying
of
the
Apostle
,
hauing
foode
and
apparell
,
let
vs
content
our selues
with
that
.
And
heere
wee
learne
both
what
hee
that
hath
taken
vnto
himselfe
a
charge
,
hauing
but
a
small
stipend
annected
therevnto
,
ought
to
doe
,
in
case
it
bee
not
sufficient
:
that
is
,
that
he
ought
to
labour
and
trauaile
with
his
owne
handes
,
in
some
honest
handie
craft
:
and
also
what
by
lawe
is
reputed
and
taken
to
bee
a
competent
and
sufficient
maintenance
,
euen
foode
and
apparell
.
Moreouer
,
if
a
man
willinglie
&
without
compulsion
enter
into
a
charge
,
knowing
before
hand
the
stipend
due
vnto
him
for
his
trauaile
to
bee
small
,
hee
may
not
lawfullie
afterwardes
complaine
,
but
Pag.
143
if
is
wholie
to
be
imputed
to
his
owne
negligence
and
f●llie
,
that
he
was
no
more
circumspect
better
to
prouide
for
himselfe
at
the
first
.
If
a
man
knowing
a
woman
to
haue
lead
a
loose
and
dissolute
li●e
,
take
her
to
his
wife
,
hee
cannot
for
her
former
mis demeanour
giue
her
afterwardes
a
Bill
of
Deuorcement
.
Quod
semel
approbaui
,
iterum
reprobare
non
possum
:
That
which
once
I
haue
approued
and
allowed
,
I
cannot
afterwardes
disproue
and
bi●allowe
.
Neither
in
truth
,
for
ought
that
euer
I
perceiued
,
by
the
want
of
anie
pluralitie
man
,
if
he
rightly
examine
his
owne
conscience
,
can
he
pretend
anie
necessitie
and
want
of
liuing
for
himselfe
,
to
be
anie
iust
cause
of
his
foule
disorder
heerein
.
May
Caietane
Cardinall
of
Brygit
,
whose
annuall
reuenues
by
his
Cardinalship
amount
to
the
summe
of
two
hundred
pounds
:
may
the
same
Cardinall
,
whose
annuall
reuenues
of
his
Prebend
in
another
Church
amount
to
the
summe
of
two
hundred
markes
:
May
the
same
Cardinall
,
whose
annuall
reuenues
of
his
Archdeaconrie
in
another
Church
amount
to
the
summe
of
fortie
pounds
:
May
the
same
Cardinall
,
whose
annuall
reuenues
of
his
owne
and
his
wiues
patrimonie
,
amount
to
the
summe
of
fiftie
pounds
,
complaine
iustlie
that
he
standeth
in
neede
of
sufficient
liuing
to
maintaine
himselfe
,
his
wife
,
and
two
or
three
children
,
and
therevpon
purchase
to
himselfe
a
license
to
retaine
a
benefice
,
from
the
which
he
receiueth
peerelie
one
hundreth
marks
?
May
a
Cardinall
,
I
saie
,
thus
furnished
with
so
many
Ecclesiasticall
dignities
,
affirme
safelie
with
a
good
conscience
,
that
he
wanteth
and
standeth
in
neede
of
a
conuenient
liuing
?
Pag.
144
Nay
,
may
not
the
Lordes
people
rather
crie
out
against
this
intollerable
ambition
,
rauine
and
spoile
?
yea
,
maye
not
the
common
weale
,
yea
,
doth
it
not
feele
to
her
ruine
,
the
iniserable
pouertie
and
penuri●
of
his
stipendarie
Curate
,
vpon
whom
he
thinketh
to
haue
bestowed
a
large
and
bountifull
reward
for
his
seruice
in
the
ministerie
,
towards
the
mainteinance
of
him
,
his
wife
,
and
familie
,
when
as
his
farmer
shal
pay
him
by
the
yere
ten
or
twelue
pounds
at
the
vtmost
:
Is
this
tollerable
by
lawe
?
No
,
no
,
the
pretence
of
pouertie
that
this
man
and
his
fellowe
Cardinall
,
hauing
Church
vpon
Church
,
and
a
personage
vpon
his
prouost
shippe
,
doo
make
to
be
a
cloake
for
their
worldlinesse
,
can
neuer
shroud●
it selfe
so
couertlie
,
but
their
iniustice
by
lawe
may
soone
bee
difcried
and
discouered
.
For
this
clause
of
lawe
,
Sed
ettam
habentes
plures
ecclesias
,
&c.
But
they
that
haue
manie
Churches
,
one
not
depending
on
the
other
,
it
is
lawfull
for
thee
,
notwithstanding
anie
appeale
to
the
contrarie
,
to
constraine
them
at
their
choice
,
to
leaue
one
of
them
,
vnlesse
they
shall
bee
so
poore
,
that
they
cannot
conueniem
lie
haue
their
proper
and
peculiar
Priests
:
I
saie
this
〈◊〉
(
Nisi
ita
fuerint
teaues
)
cannot
excuse
master
Cardinall
or
●●ster
Prouost
,
to
retaine
his
Abbey
or
Frierie
,
and
by
dispensation
a
benefice
or
two
besides
.
For
that
,
as
I
said
before
,
this
Priuiledge
hath
no
place
,
when
as
a
man
voluntarilic
hath
taken
vpon
him
a
small
charge
,
and
so
contented
himselfe
with
a
small
portion
at
the
first
:
but
onelie
it
hath
then
place
,
and
then
taketh
effect
,
when
as
Ex
post
facto
,
by
some
after
deede
his
Church
is
imponerished
.
Moreouer
,
those
Churches
are
counted
Tennes
in
substantia
,
Churches
small
in
reuenue
,
which
haue
not
a
storke
of
ten
persons
,
families
or
householdes
,
able
to
contribute
to
the
mainteinance
of
a
pastor
,
as
appeareth
by
the
Canon
following
.
HOC
NECESSARIVM
,
&c.
This
we
haue
thought
necessarie
2.
9.
3.
●
.
vnto
.
to
be
ordained
,
that
many
Churches
bee
not
at
all
committed
to
one
elder
,
because
hee
alone
can
neither
performe
his
office
in
them
al
,
neither
yet
imploie
anie
necessarie
care
for
the
administration
of
the
goods
thereof
:
For
this
consideration
therefore
we
commaund
that
euerie
Church
which
hath
had
ten
households
,
haue
also
a
pastor
ouer
the
same
:
&
if
anie
haue
had
fewer
then
ten
,
let
then
that
Church
bee
ioyned
to
some
other
Churches
.
By
which
constitution
our
pluralists
,
if
they
were
not
wilfullie
blinde
,
might
easily
vnderstand
that
the
lawe
dooth
not
permit
one
man
,
by
reason
of
pouertie
to
haue
many
Churches
,
that
are
able
of
themselues
to
maintaine
many
pastours
:
but
that
many
poore
Churches
,
vnable
to
maintaine
many
pastours
,
shoulde
bee
consolidated
and
vnited
to
one
,
and
beeing
so
ioyned
together
and
made
one
,
then
to
haue
one
pastour
ouer
them
all
,
that
might
haue
of
them
all
a
competent
falarie
for
his
sustenaunce
.
For
saith
Rebuff
.
Papa
in
dispensatione
,
maxime
respicere
debet
vtilitatem
Ecclesiae
,
non
personae
:
sed
hodie
ventum
est
,
v●
personae
vtilitas
consideratur
,
potius
quam
Ecclesiae
,
&
potius
dispensatur
cum
diuite
,
qui
totam
vorabit
ecclesiam
,
quam
eum
asio
bono
,
qui
eam
tueri
possit
.
The
Pope
in
a
dispensation
ought
chieflie
to
respect
the
profit
of
the
Church
,
not
of
the
partie
:
but
it
commeth
to
passe
now
a
daied
,
that
the
profit
of
the
person
is
rather
considered
,
then
of
the
Church
:
and
a
dispensation
is
rather
giuen
to
a
rich
man
,
which
will
deuour
the
whole
Church
,
then
to
another
good
man
which
might
maintaine
the
Church
.
If
therefore
it
might
stand
with
the
good
pleasure
of
her
highnesse
godlie
Comissioners
,
in
causes
ecclesiasticall
within
their
seuerall
charges
,
not
onelie
to
examine
the
lawes
precedent
,
but
also
to
put
in
execution
the
lawes
following
,
they
should
by
this
their
industrie
,
speedilie
&
plentifullie
prouide
,
many
good
competent
liuings
,
for
many
good
men
,
to
become
good
pastors
in
the
same
:
I
meane
not
Ecclesiastical
men
,
placed
Ecclesiastical
Commissioners
,
for
they
for
the
most
parte
are
the
greatest
offenders
in
this
behalfe
:
but
I
meane
those
of
hir
most
honourable
Councell
,
of
hir
Nobilitie
,
and
of
hir
worshipfull
subiectes
,
hauing
graunted
vnto
them
from
hir
highnesse
,
as
great
authoritie
as
any
of
the
Ecclesiasticall
state
haue
.
Pag.
146
An
Ecclesiasticall
Commissioner
is
no
more
exempted
from
controulement
of
his
collegues
and
associates
,
then
is
a
Senatour
,
from
the
order
of
the
Senate
,
or
a
Counsailour
from
the
directions
of
the
body
of
the
Counsaile
,
or
a
Bishop
from
the
Censorship
of
a
lawful
Synode
.
If
therefore
the
Nobler
,
sounder
,
and
better
part
of
the
ecclesiastical
Commissioners
,
did
examine
not
onely
such
plurified
men
,
as
are
no
Commissioners
,
but
such
plarified
men
also
as
are
ioyned
in
Commission
,
whether
by
vertue
of
any
facultie
,
license
,
or
dispensation
,
they
,
or
any
of
them
,
haue
enioyed
mo
Benefices
with
cure
of
soules
then
one
alone
,
aboue
the
space
of
seuen
yeares
,
then
should
the
sayde
Commissioners
finde
the
same
Benefices
so
possessed
,
to
be
meerely
voide
,
as
though
the
incumbent
were
dead
.
Bicause
euery
dispensation
graunted
for
more
then
seuen
yeares
,
by
lawe
is
a
voyde
Dispensation
,
as
appeareth
by
that
that
followeth
.
IS
ETIAM
,
&c.
The
partie
also
which
is
taken
to
such
a
Regiment
,
to
the
end
hee
may
more
diligentlie
care
for
the
Lib.
6.
de
elect
.
licet
canon
§
is
autem
.
flocke
committed
vnto
his
charge
,
let
him
bee
personallie
resident
in
the
Church
,
whereof
hee
is
person
.
And
as
touching
his
residence
,
the
ordinarie
for
a
time
may
dispence
if
anie
reasonable
cause
so
require
.
He
saith
well
(
saith
the
Glosse
)
that
the
ordinarie
may
dispence
for
a
time
,
because
the
Pope
himselfe
Glos
.
verb.
ad
tempus
.
cannot
giue
perpetuall
indulgences
for
residence
,
&
such
as
were
giuen
before
by
Popes
,
he
hath
reuoked
,
as
appeareth
by
the
constitution
following
.
Pag.
147
QVIA
PER
AMBITIOSVM
,
&c.
Because
of
the
ambitious
importunitie
of
suitors
,
as
well
wee
as
some
of
our
Lib.
6.
de
.
reser.
c.
vlt.
predecessors
,
Bishops
of
Rome
,
haue
giuen
vnto
manie
,
perpetuall
indulgences
,
for
the
receiuing
of
the
fruites
of
their
benefices
(
dailie
distributions
excepted
)
whether
they
were
at
studie
,
or
whether
they
were
resident
in
either
of
their
benefices
,
or
had
their
abode
in
the
Court
at
Rome
,
or
in
anie
other
certaine
place
,
or
wheresoeuer
else
,
by
meanes
whereof
insolences
of
gadding
doo
spring
foorth
,
and
a
matter
of
dissolutenesse
is
prepared
,
the
seruice
or
worship
of
God
,
(
which
wee
desire
should
be
increased
)
is
diminished
,
and
the
office
of
Ministerie
,
in
respect
whereof
an
Ecclesiasticall
benefice
is
due
,
for
the
most
part
is
omitted
:
wee
willing
to
amend
things
passed
,
and
as
much
as
lieth
in
vs
to
prouide
against
things
to
come
,
doo
vtterlie
reuoke
all
such
,
and
the
like
personall
and
not
reall
indulgences
:
and
that
which
we
suffer
not
lawfull
in
our selues
,
we
forewarne
the
same
vnto
our
successours
.
By
which
Canons
it
Glos
.
verb.
perpetuas
ibidem
.
is
plaine
,
that
euerie
dispensation
should
haue
a
certaine
time
limitted
,
beyond
the
which
,
it
ought
not
to
be
extended
,
for
by
this
perpetuall
indulgencie
,
is
vnderstood
an
indulgencie
for
tearme
of
life
.
An
indulgencie
therefore
for
tearme
of
life
may
not
bee
graunted
.
for
then
it
is
perpetual
,
and
so
contrarie
to
the
meaning
of
this
last
constitution
.
Wherefore
the
time
of
necessilie
must
be
limitted
,
which
time
the
Lawe
following
hath
limitted
and
appointed
to
be
seuen
yeares
onelie
.
Pag.
148
PRESENTI
CONSTITVTIONE
sancimus
,
vt
Episcopi
,
Lib.
6.
de
elect
.
cum
ex
eo
.
eorumque
supertores
cum
hijs
qui
huiusmodi
subiectas
sibi
Ecclesias
obtinent
,
vel
obtinuerint
in
futurum
,
dispensare
possint
liberè
quod
vsque
ad
septennium
literarum
,
&c.
By
this
present
decree
we
ordaine
,
that
the
Bishops
and
their
superiours
may
freelie
dispence
with
those
that
either
now
doo
obtaine
,
or
heereafter
shall
obtaine
vnder
thee
,
such
Churches
,
that
they
continuting
at
studie
for
learning
,
bee
not
compelled
to
be
promoted
vnto
orders
,
vntill
the
end
of
seauen
yeares
.
And
though
this
lawe
seeme
speciallie
to
haue
respect
vnto
such
,
as
for
studies
sake
are
dispensed
with
,
for
not
entering
into
the
Ministerie
,
before
the
end
of
seauen
yeres
:
yet
the
reason
of
the
lawe
abridging
the
time
of
continuall
absence
,
and
appointing
that
the
flocke
be
not
left
without
one
able
to
gouerne
and
teach
,
the
same
is
to
bee
extended
to
all
manner
of
dispensations
whatsoeuer
,
where
the
like
absence
may
breede
the
like
daunger
.
Vbi
eadem
ratio
,
idem
ius
slatuendum
est
.
ff.
De
vi
.
&
vi
.
a●m
.
l.
1.
§
quod
vulgo
.
ff.
De
legib.
l.
non
possunt
.
Where
one
and
the
selfe
same
reason
is
,
there
one
&
the
selfe
same
lawe
is
to
be
ordained
.
De
similibus
simile
debet
esse
iudicium
.
In
cases
a
like
,
a
like
iudgement
ought
to
be
had
.
And
it
is
expreslie
forbidden
in
the
Chapter
(
QVIA
)
before
mentioned
,
that
no
perpetuall
dispensation
for
receiuing
of
Ecclesiasticall
fruits
be
graunted
,
no
not
by
the
Pope
himselfe
.
And
there
is
expresse
mention
made
of
him
that
shall
not
be
resident
vppon
one
of
his
Churches
:
that
shall
be
student
in
anie
schools
of
learning
:
that
shall
be
absent
from
his
benefice
,
either
at
the
court
of
Rome
,
or
at
anie
other
place
whatsoeuer
,
that
euen
such
a
one
shall
not
haue
anie
perpetuitie
by
Dispensation
,
thereby
to
receiue
the
fruites
and
profites
of
the
Church
,
from
the
which
for
anie
of
those
foresayd
respectes
,
he
may
be
absent
.
Therefore
against
perpetuities
of
Piuralities
,
out
of
the
Chapiter
(
Is
etiam
)
and
out
of
the
Chapter
(
Quia
)
before
rehearsed
,
I
conclude
thus
.
-
1.
Euery
Dispensation
graunted
for
the
enioying
of
the
fruites
of
any
parish
Church
,
without
limitation
of
a
certaine
time
,
is
a
voyde
Dispensation
.
-
2
But
euery
Dispensation
graunted
for
the
perpetuall
receiuing
of
the
fruites
of
any
Parish
Church
,
is
a
Dispensation
without
limitation
of
a
certaine
time
.
-
3
Therefore
euery
such
perpetuall
Dispensation
,
is
a
voyde
Dispensation
.
Pag.
149
THE
first
Proposition
of
this
Syllogisme
,
is
the
Position
of
the
law
it selfe
.
The
Minor
is
most
plaine
.
For
whatsoeuer
is
perpetuall
,
the
same
can
not
be
limitted
,
and
whatsoeuer
is
limitted
,
the
same
can
not
be
perpetuall
.
And
this
perpetuitie
in
this
case
,
as
I
sayde
before
,
hath
euermore
relation
to
the
terme
of
lyfe
,
because
he
is
saide
to
haue
a
perpetuitie
in
a
benefice
,
that
hath
a
benefice
for
terme
of
lyfe
.
And
to
take
away
all
sinister
and
double
dealing
in
this
action
,
you
shall
vnderstand
,
that
a
dispensation
graunted
once
for
seuen
yeares
,
at
the
ende
of
the
sayde
seuen
yeares
,
may
not
be
renued
and
reiterated
:
for
so
at
the
ende
of
euery
seuen
yeares
,
a
new
dispensation
being
had
,
in
effect
a
perpetuall
dispensation
might
be
tolierated
,
and
so
a
man
by
fraude
and
couin
,
might
enioy
that
,
from
the
which
by
equitie
and
law
he
is
altogether
secluded
.
which
fraudulent
and
disorderly
dealing
,
by
certaine
general
principles
and
rules
in
law
,
is
absolutely
prohibited
.
The
maximes
are
these
.
Ne
statutum
ipsum
fiat
ludibrio
,
debitoque
frustretur
effectu
,
&
non
rebus
,
sed
verbis
,
cum
sit
potius
contrarlum
faciendum
)
lex
imposit
a
De
diuor.
c
quanto
.
§
fi.
&
de
elec
.
comiss
.
l.
6.
Extr.
de
regni
,
iur●c
cum
quod
.
ff.
de
ver.
ad
ciuili
.
perti
.
l.
li.
§
1.
videatur
nullatenus
ea
vice
poterit
iterato
conferri
.
Quod
directè
prohibetur
,
indirectè
non
conceditur
:
cum
quod
vna
via
prohibetur
alicui
,
ad
id
alia
via
non
debet
admitti
:
&
quod
quis
in
persona
sua
facero
prohibeltur
,
id
per
subsectam
personam
exercere
non
debet
.
That
the
statute
it selfe
may
not
be
deluded
and
frustrated
of
hir
due
effect
,
and
that
the
law
may
seeme
to
be
made
not
for
thinges
,
but
for
wordes
(
when
the
contrary
is
rather
to
be
done
)
it
may
not
by
any
meanes
,
be
againe
the
second
time
conferred
.
And
that
which
is
directly
prohibited
,
is
not
by
an
other
way
indirectly
to
be
suffered
:
whensoeuer
a
thing
is
forbidden
any
man
one
way
,
the
same
man
ought
not
to
be
admitted
to
the
same
thing
an
other
way
:
And
that
which
a
man
is
forbidden
to
doc
in
his
owne
person
,
he
ought
not
to
exercise
by
a
substituted
person
.
So
that
once
againe
I
saie
,
if
it
might
please
God
,
to
stirre
vp
the
hearts
of
her
Highnesse
Commissioners
,
to
haue
a
mature
and
deliberate
consideration
of
the
statute
before
mentioned
,
they
shal
find
matter
sufficient
,
to
pronounce
a
great
number
of
licences
,
faculties
,
and
dispensations
by
law
,
to
be
meerly
voide
and
of
none
effect
.
Pag.
150
And
so
manie
benefices
to
be
void
,
and
in
the
hands
of
her
Highnesse
,
vnto
whome
by
lapse
,
right
hath
accrued
to
present
.
For
by
that
statute
the
Archbishoppe
hath
no
power
or
authoritie
to
graunt
anie
other
licence
,
facultie
,
tolleration
,
or
dispensation
,
then
such
as
before
the
making
of
the
statute
,
was
vsed
and
accustomed
to
be
had
and
obtained
at
the
sea
of
Rome
,
or
by
authoritie
thereof
.
But
no
licence
,
facultie
,
tolleration
,
or
dispensation
,
before
that
time
was
had
or
obtained
at
the
sea
of
Rome
,
or
by
authoritie
thereof
,
for
the
Fruits
of
anie
Parish
church
,
by
way
of
anie
kinde
or
manner
of
anie
perpetuall
dispensation
,
or
for
anie
longer
time
than
for
seauen
yeares
onelie
,
as
appeareth
by
the
former
Canons
,
and
constitutions
,
therefore
none
other
ought
heeretofore
to
haue
beene
graunted
,
neither
though
they
haue
beene
graunted
,
are
they
effectuall
or
auaileable
,
being
graunted
,
A
non
iudice
,
&
contra
formam
iuris
scripti
,
ff.
quod
vi
.
aut
clam
.
l.
prohiberi
§
plane
.
Extra
.
de
reb.
eccle.
non
alienam
.
c.
by
one
that
is
no
Iudge
,
and
against
the
forme
of
lawe
written
.
Iudex
non
potest
vltra
facere
,
quam
ei
concessum
est
a
lege
vel
consuetudine
.
A
Iudge
may
not
doe
beyond
that
,
that
is
graunted
him
by
lawe
or
custome
.
It
is
forbidden
that
Church
goods
shoulde
be
alienated
without
a
cause
,
or
without
authoritie
of
the
superiour
.
If
therefore
anie
alienation
be
made
of
Church
goodes
without
a
cause
,
and
not
by
authoritie
of
the
superiour
,
the
alienation
is
voide
,
Quae
contra
ius
fiunt
,
debent
pro
infectis
haberi
.
Things
done
contrarie
to
law
,
ought
to
be
Cod
de
leg
.
l.
non
dubium
.
Cod
de
pre.
cib
.
imper.
offerrend
.
l.
1.
accounted
as
things
vndone
.
And
againe
,
Sufficit
legislatorem
aliquid
prohibuisse
,
licet
non
adiecerit
,
si
contra
factum
fuerit
,
non
valere
.
It
is
sufficient
that
the
lawe
maker
forbidde
,
though
hee
shall
not
adde
,
that
the
thing
done
contrarie
to
his
prohibition
shall
be
void
.
And
againe
.
Pag.
151
Imperiali
constitutum
est
sanctione
aperte
vt
ea
quae
contra
legem
fiunt
,
non
solum
inutilia
,
sed
etiam
pro
infectis
habenda
sint
.
It
is
plainly
decreed
by
an
imperiall
constitution
,
that
the
things
done
against
the
lawes
,
are
not
onelie
vnprofitable
,
but
also
are
to
be
accounted
for
things
vndone
.
And
thus
much
concerning
the
causes
and
circumstances
of
dispensations
for
manie
benefices
.
It
followeth
then
in
the
description
of
a
dispensation
,
Glos
.
Extra
uagan
.
de
prebend
.
&
dig
.
c.
●●●erabilis
ver.
vltimae
as
you
haue
seene
that
the
same
ought
to
be
graunted
,
cum
causae
cognitione
,
with
knowledge
of
the
cause
:
the
reason
is
this
.
Duo
sunt
in
dispensatione
necessaria
,
authoritas
dispensantis
,
&
fastum
per
quod
dispensatur
.
Nam
in
quolibet
actu
considerari
debent
duo
,
factum
&
modus
.
Two
things
are
necessarie
in
a
dispensation
,
authoritie
of
the
dispenser
,
and
the
fact
whereby
he
shall
dispeace
.
For
in
euerie
act
two
things
are
to
bee
considered
,
the
fact
,
and
the
manner
of
the
fact
.
And
therefore
a
Magistrate
,
hauing
authoritie
to
dispence
,
ought
not
vpon
the
bare
affection
,
and
simple
allegation
of
anie
person
●esirons
to
be
priuiledged
,
and
to
haue
the
Magistrate
,
to
mittigate
the
rigour
and
extremitie
of
common
right
,
graunt
anie
such
mittigation
,
vnlesse
the
partie
first
alleage
,
and
by
some
lawfull
proofe
,
make
manifest
vnto
〈◊〉
,
that
both
teuching
the
abilitie
of
his
person
,
and
the
necessirie
of
his
cause
,
the●
ought
in
equitie
an
exemption
and
〈◊〉
bee
graunted
vnto
him
.
For
,
Priuilegia
,
saith
the
Lawe
,
are
pretudici
al●●
,
&
magnum
ff.
de
minori
.
l.
de
etate
.
d.
ex
de
priuil.
c.
sane
.
7.
q.
1
potuisti
.
bast
.
l.
1.
de
●●l
.
l.
ver.
pariunt
preiudicium
,
&
ideo
sunt
cum
ple●●
cause
cognit●one
tractanda
,
&
priuilegium
non
est
dandum
,
nisi
certa
ratione
inspecta
,
&
non
subito
,
sed
cum
magna
deliberatione
.
Pri●●●●ges
are
pr●iudiciall
,
and
breede
great
preiudice
,
and
are
for
this
cause
to
be
handled
with
a
plenarie
decision
of
the
cause
:
And
a
Priuiledge
is
not
to
be
giuen
vnlesse
the
certaine
reason
thereof
be
fores●eue
&
not
sodainlie
,
but
with
great
deliberation
and
aduise
.
In
which
deliberation
and
aduisement
taken
by
the
iudge
:
first
the
aliegation
or
petition
of
the
partie
agent
or
suppliant
:
secondly
,
the
proofe
&
manifestation
of
the
same
his
petition
,
is
to
be
considered
.
For
no
dispensation
ought
to
be
granted
at
the
proper
motion
&
pleasure
of
the
iudge
alone
:
but
euerie
dispensation
ought
to
be
granted
at
the
instance
&
petition
of
the
partie
alone
.
Pag.
15
Quia
laxari
ius
non
debet
,
nec
solui
,
nisi
parte
postulante
:
&
inuito
non
debet
beneficium
conferr●
:
§
Hoc
autem
iudicium
.
ff.
De
dam.
infect
.
ff.
De
regni
iur
.
l.
inuito
.
&
extra
de
Symo.
Licet
.
heli
Cod.
de
fidei
com
.
libent
.
l.
fi.
Et
sententia
debet
esse
conformis
petition●
:
Et
iudex
semper
debet
iudicare
secundum
allegata
&
probata
Because
the
lawe
ought
not
to
be
released
,
or
remitted
,
but
at
the
petition
of
the
partie
:
&
a
sentence
ought
to
be
conformable
to
the
demaund
:
&
a
Iudge
ought
euermore
to
giue
sentence
,
according
to
things
alleaged
,
&
things
proued
.
And
therefore
sithence
no
other
cause
by
Law
,
may
be
aleaged
in
the
court
of
faculties
,
for
the
graunting
of
anie
dispensation
,
for
many
benefices
,
then
the
verie
apparant
vtilitie
,
&
vrgent
necessitie
of
the
Church
:
I
conclude
,
that
the
iudge
his
dutie
and
office
is
,
in
anie
wife
not
to
admit
anie
other
manner
of
allegation
,
but
to
pronounce
the
same
altogether
friuolous
&
to
bee
of
no
value
in
law
The
Doctorship
,
the
Chapplainship
,
the
worship
of
anie
Eccles●astical
person
,
are
not
sufficient
causes
in
this
behalfe
alone
,
vnlesse
also
together
with
the
same
,
meete
&
concur
the
profit
and
necessitic
of
the
Church
.
And
if
the
said
allegation
,
as
vaine
&
friuolous
,
be
to
be
reiected
,
then
no
dispensation
thervpon
ought
to
be
granted
:
for
otherwise
the
iudge
should
of
necessitie
,
either
allow
other
causes
,
then
the
lawe
boo●h
alow
,
or
eise
pronounce
iudgement
otherwise
,
them
according
to
the
demand
,
both
which
were
to
to
great
absurdities
.
And
therfore
out
of
the
former
rules
and
principles
of
Lawe
,
I
argue
thus
.
-
1
Whatsoeuer
is
burtfull
and
pre●ud●●●al
,
the
same
ought
aduisedly
and
vpon
consult●●●●
to
be
graunted
:
-
2
But
dispensations
are
hurtfull
and
preindiciall
:
-
Pag.
153
3
Therfore
dispensations
ought
aduisedly
&
vpon
consultation
to
Extra
.
de
priuilig
.
c.
sanc.
Extra
.
de
simo
.
c.
licet
be
it
.
be
graunted
:
And
if
euerie
dispe●sation
ought
to
be
granted
by
sentence
vpon
some
consultation
ha●
,
y●
then
euerie
sentence
vpon
some
consultation
had
,
ought
to
bee
giuen
according
to
things
alleaged
,
and
things
demanded
.
Pag.
154
IN
which
allegation
and
demand
,
to
the
end
the
sentence
may
be
conformable
to
the
demand
,
&
so
effectuall
in
lawe
,
must
be
foreseene
two
things
.
First
,
that
there
be
expressed
no
false
or
erronious
cause
.
Secondly
,
that
the
same
hide
or
conceale
no
truth
.
For
Ea
dicitur
legitima
dispensatio
,
in
qua
nihil
tacetur
,
vel
nihil
exprimitur
,
Glos
in
ext●
auag
.
execrabilie
de
prebend
ver.
ex
dispens●tione
.
quo
expresso
vel
tacito
,
princeps
verisimiliter
duci
potest
ad
dispensationem
denegandam
.
That
dispensation
is
reputed
lawfull
,
wherein
nothing
is
concealed
,
or
nothing
is
expressed
,
that
being
concealed
or
expressed
,
the
Prince
may
by
likelihood
,
bee
induced
to
venie
the
said
dispensation
.
If
then
euerie
sentence
must
be
conformable
to
the
allegation
,
&
euerie
iudgement
agreeable
to
the
demand
,
and
that
neither
out
of
the
sentence
for
a
dispensation
any
knowen
truth
,
or
manifest
equitie
ought
to
be
concealed
,
neither
in
the
same
anie
false
or
erronious
cause
ought
to
be
expressed
,
it
followeth
of
necessitie
,
the
euerie
allegation
,
ma●e
for
a
dispensation
,
ought
to
be
of
the
same
nature
,
&
of
the
s●●e
condition
:
and
that
euerie
allegation
,
not
of
the
same
nature
&
〈◊〉
is
an
vnlawfull
allegation
,
and
an
vnequall
petition
.
Moreouer
,
euerie
one
that
hath
authority
to
dispence
,
ought
to
kepe
th●●
rule
.
Vt
statuat
,
vel
dispenset
Glos
.
in
extrauag.
cont
.
col.
3.
ver.
contra
ius
,
aut
contra
scriptum
,
si
aequ●●
as
qu●
mouet
ipsum
,
mouisset
legislatorem
,
si
casus
nunc
emergens
esset
sibiexpositus
,
That
they
ordaine
or
dispence
against
law
,
or
against
w●it
,
if
such
equitie
as
●●●ueth
him
,
might
haue
moued
the
law-maker
himself
,
to
haue
gr●nted
a
dispensation
,
had
the
case
now
growing
,
b●n
proposed
at
the
time
of
the
law
making
,
to
the
law-maker
:
It
followeth
then
againe
,
that
equitie
being
the
cause
of
the
sentence
for
a
dispensation
,
the
same
equitie
,
must
also
be
the
cause
of
the
allegation
for
a
dispensation
.
For
if
the
iudge
must
giue
a
dispensation
,
where
equitie
requireth
,
the
vartie
must
then
demaund
a
dispensation
where
equitie
requireth
.
For
equitie
is
alwaies
the
foundation
and
ground-worke
of
a
dispensation
.
And
what
equitie
?
euen
such
equitie
,
as
mighe
iustlie
haue
moued
the
Lawe-maker
,
to
haue
graunted
a
dispensation
.
Now
then
,
because
the
Law
maker
,
authorising
the
Archbish.
of
Cant.
to
giue
dispensations
,
hath
beene
the
high
court
of
Parliament
:
It
followeth
that
the
Archbishoppe
may
dispence
onelie
in
such
cases
,
as
wherein
the
high
Court
of
Parliament
would
haue
dispenced
,
had
those
cases
beene
alleaged
before
the
high
Court
of
Parliament
,
which
are
alleaged
before
the
Archbishop
.
Iudex
non
aliter
iudicare
debet
,
pro
sapientia
&
luce
dignitatis
suae
,
quam
princeps
esset
iudicaturus
.
A
Iudge
,
for
the
wisdome
,
ff.
De
offic.
prefect
.
preter
.
l.
1.
in
fi.
and
excellencie
of
his
worthie
calling
,
ought
no
otherwise
to
iudge
,
then
the
Prince
himselfe
would
haue
iudged
.
Suppose
then
,
that
such
a
Cardinall
as
of
whom
mention
hath
bene
made
,
or
such
an
Abbot
,
whose
Abbacie
,
is
a
Nemo
scit
:
whose
two
Ecclesiasticall
promotions
besides
,
are
at
the
least
worth
fiue
hundered
markes
by
the
yeare
:
suppose
(
I
saie
)
that
such
a
Cardinall
,
should
come
into
the
Parliament
house
,
and
after
lowe
obeysaunce
made
,
preferre
this
or
the
like
Bill
to
the
speaker
,
beseeching
the
whole
house
,
vpon
the
reading
thereof
,
and
the
equitie
of
his
cause
,
to
graunt
his
sute
.
I
A.
B.
Clarke
,
saie
,
alleage
,
and
shewe
,
before
pour
excellent
wisedomes
,
that
the
Church
of
S.
S.
by
the
naturall
death
of
D.
H.
late
incumbent
,
is
become
vacant
:
Pag.
155
and
that
I
the
sayde
A.
B.
am
qualified
,
according
to
the
Statutes
of
the
Realine
:
and
the
Patrone
Non
potest
dispensatio
super
pluralitate
beneficiorum
concessu
impetranci
prodesse
,
qui
aliquod
quantumcuque
modicum
beneficium
conticuit
in
eadem
.
of
the
same
Benefice
,
hath
presented
inee
therevnto
:
and
that
I
am
possessed
aireadie
of
such
and
such
a
spirituall
promotion
:
and
that
I
am
bound
by
the
Statutes
of
my
house
,
to
bee
resiant
in
the
same
,
three
moneths
in
the
yeare
:
and
that
I
am
bound
by
the
Statutes
of
the
Church
of
one
of
my
promotions
,
to
bee
present
in
the
same
Church
two
moneths
in
the
yeare
:
and
that
I
am
bound
by
the
Statutes
of
the
Church
of
my
other
promotion
,
to
be
present
there
three
moneths
in
the
yeare
:
and
that
I
am
bound
by
my
alleagiance
to
her
highnesse
,
to
bee
present
else
where
some
whole
quarter
of
the
yere
.
And
that
the
soules
of
the
people
of
the
foresayde
Parish
,
are
in
daunger
of
the
woife
,
not
hauing
a
Pastor
to
feede
them
:
and
that
that
euident
vtilitie
and
vrgent
necessitie
of
the
same
Church
.
requireth
a
gouernour
,
may
it
therefore
nowe
please
your
wisedomes
to
award
mee
a
dispensation
,
to
inioye
the
fruites
of
the
same
Church
,
to
tollerate
mine
absence
,
and
to
bee
Nonresident
,
&c.
Suppose
(
I
saie
)
that
this
or
the
like
supplication
were
made
by
a
plurified
Priest
in
the
Parliament
house
,
would
the
house
,
trowe
you
,
bee
mooued
presentlie
to
yeeld
to
so
vniust
a
petition
?
I
trowe
nay
.
For
the
partie
should
expresse
in
his
petition
,
all
things
to
be
expressed
,
and
conceale
nothing
to
bee
concealed
,
as
by
the
first
rule
before
repeated
is
required
:
yet
the
house
would
no
doubt
,
mindfull
of
the
second
rule
,
and
dispute
the
equitie
of
his
cause
,
and
so
award
iudgement
accordinglie
:
they
would
not
vpon
so
bare
&
naked
assertion
,
decline
from
iustice
and
equitie
:
And
no
doubt
the
speaker
himselfe
would●
blush
to
peruse
such
a
bill
,
much
lesse
would
he
present
such
a
bill
to
the
house
to
bee
discussed
,
though
for
his
fee
(
beeing
a
priuate
bill
)
he
might
be
verie
liberallie
rewarded
.
An
Archb.
then
ought
to
be
tight
well
aduised
,
and
take
heed
how
,
for
a
trifle
hee
either
adinit
anie
such
bill
or
allegation
,
or
hauing
once
adinitted
it
.
Pag.
156
how
hee
pasie
the
same
vnder
his
publike
and
authentike
Seale
.
In
as
much
as
he
ought
not
to
adinit
anie
other
allegation
,
or
passe
anie
other
dispensation
,
then
such
as
the
high
court
of
Parliament
in
their
wisdomes
would
admit
and
passe
.
And
therefore
I
conclude
thus
:
-
1
whatsoeuer
allegation
,
or
dispensation
the
Lawe-maker
,
viz.
the
high
court
of
Parliament
,
would
not
admit
or
passe
vnto
a
plurified
man
,
the
same
allegation
or
dispensation
the
Archbishop
ought
not
to
admit
or
oasse
:
-
2
But
the
Law
maker
,
viz.
the
high
court
of
Parliament
,
would
not
admit
or
passe
anie
allegation
or
dispensation
,
to
such
plurified
Priests
,
making
such
a
petition
,
as
hath
bene
mentioned
:
-
3
Cherfore
the
Archbishop
ought
not
to
admit
or
passe
anie
such
.
THE
Maior
proposition
is
a
rule
of
Lawe
:
the
Minor
proposition
is
cuident
vnto
euerie
one
,
that
duetifullie
considereth
,
with
what
wisedome
,
iustice
,
and
equitie
the
high
court
of
Parliament
determineth
matters
amongst
them
discussed
.
They
are
not
contented
to
haue
a
Bill
barelie
read
vnto
them
,
but
they
throughlie
examine
the
reasons
and
proofes
of
him
that
preferreth
the
same
.
For
as
I
sayd
before
,
truth
,
equitie
,
and
diuerse
circumstances
,
must
not
onelie
be
alleaged
,
but
the
lawe
requireth
,
Bart.
&
aly
doctores
,
in
l.
1.
Cod.
de
prob
,
the
same
to
be
proued
also
He
that
hath
right
and
interest
to
an
inheritaunce
,
oftentimes
loeseth
it
for
want
of
proofe
.
He
that
alieageth
himselfe
to
bee
borne
of
some
noble
parentage
,
and
hee
that
alleageth
himselfe
to
remaine
at
studie
,
must
proue
the
same
.
Pag.
15
If
a
pupsil
danmified
by
any
centraet
,
made
by
him
vnder
age
,
shall
require
●yde
of
the
P●tior
to
be
testored
to
his
former
right
,
he
must
prooue
that
he
was
vnder
age
at
the
tyme
Authent
.
Colla
§
teneantar
.
Glos
&
doc●n
prohe
.
l.
6.
Glos
extra
.
de
restitu
spoli
.
at
.
c.
olim
.
ver.
restitutione
.
Extra
offic.
de
leg
.
c.
consultats
.
enem
.
of
the
contract
,
and
also
that
he
hath
sustained
detriment
by
the
same
contract
.
Otherwise
the
〈◊〉
ought
not
to
gi●e
restit●tion
,
where
one
by
force
is
spoyled
of
his
〈◊〉
,
and
requierth
ta
be
restored
therevnto
,
he
must
not
onely
alleage
,
but
also
proous
force
and
〈◊〉
.
The
Church
that
by
negligence
of
any
Proctor
or
Dollycitor
shall
alleage
hir selfe
,
by
his
negligence
to
be
hurt
,
and
to
su●●er
〈◊〉
in
hir
substance
,
and
for
that
cause
seeketh
help
:
at
the
hands
of
hir
superiour
,
to
be
restored
to
hir
former
estate
,
must
prooue
as
well
the
negligeace
committed
,
as
the
dammage
sustained
in
that
behalfe
.
Thelyke
is
verified
of
one
that
is
dispossessed
of
his
goods
,
in
the
time
of
his
absence
beyond
the
Deas
.
And
so
it
is
reqaired
in
graunting
any
priuiledge
immunitie
or
dispensation
for
many
benefices
.
The
party
desirous
to
haue
a
mittigation
of
the
rigour
of
common
Law
,
ought
to
prooue
,
that
as
well
in
consideration
of
his
perion
,
as
for
the
reasonablenesse
of
his
cause
,
the
Judge
in
equitie
and
conscience
,
ought
to
graunt
an
immunitie
.
And
this
proofe
that
it
be
substanciall
and
good
in
Law
,
must
be
made
cither
by
the
consession
of
the
party
,
cither
by
witnesses
,
eyther
by
some
Authentike
and
publique
instrument
,
either
by
the
eusoence
and
noioriousnesse
of
the
fact
it selfe
.
Touching
which
prooses
,
how
fubstantially
they
Eutra
de
restitu
.
spol
.
c.
cum
●d
sedem
.
haue
bene
made
,
I
referre
the
Reader
to
the
records
of
the
prerogatiue
Court
,
where
,
no
doubt
for
the
Judges
owne
credite
,
they
are
sasely
kept
:
and
as
publique
Recordes
,
to
be
seene
of
any
man
,
desirous
to
hnow
Antiquities
.
Pag.
158
For
my
parie
,
though
I
confesse
that
the
dignitie
and
worthinesse
of
a
person
to
be
priuileged
,
may
easily
be
prooued
,
yet
can
I
not
imagine
,
by
which
of
these
proofes
,
the
causes
required
by
law
,
as
brgent
necessitie
,
and
euident
vtilitie
of
the
Church
,
d●stitute
of
a
P●stor
,
should
in
these
our
dapes
be
manifested
:
the
Church
it selfe
.
viz.
The
congregation
,
(
I
suppose
)
will
neuer
confesse
it
veheoue●ul
for
them
to
haue
their
pasror
absent
,
&
to
giue
their
temporal
things
,
to
enioy
spirituall
things
,
and
yet
to
be
depriued
of
both
spir●tuall
and
temporall
.
As
conceruing
proofe
by
witnesses
,
or
by
publique
instrument
,
because
witnesses
must
yelde
areason
of
their
sayings
,
and
a
publique
instrument
ought
to
be
made
,
by
a
faithfull
man
,
at
the
request
of
the
partie
:
and
bec●use
no
witnesse
can
yeelde
any
reason
,
why
his
neighbour
should
not
be
tanght
,
and
cuery
faithsuil
man
will
doe
all
thinges
for
the
trueth
,
and
nothing
against
the
trueth
:
and
because
the
trueth
is
,
that
his
Netghbour
should
be
taught
,
and
no
man
will
desire
to
be
vntaught
:
therefore
as
concerning
these
proofes
,
I
cannot
imagine
(
I
saye
)
how
they
should
be
made
.
It
resteth
then
,
that
the
euidence
of
the
fact
,
must
be
the
proofe
,
whereon
plarlfied
men
relie
,
that
the
brgent
necessitie
,
and
euident
vtilitie
of
the
Church
,
for
the
haui●g
of
many
benefices
,
is
a
thing
so
notorious
and
euibent
to
all
the
worlde
,
that
none
may
deny
the
same
.
Wherein
how
grosse
and
palpable
their
errour
is
,
I
lenue
to
the
consideration
of
indisierent
men
,
thorow
out
the
whole
worlde
.
Now
,
if
you
ad
this
last
parte
of
the
definition
of
a
Dispensation
,
and
suppose
that
it
must
be
graunted
,
Cum
causae
cognitione
,
with
knowledge
of
the
cause
,
that
is
by
alleadging
and
prooning
thinges
inste
and
equall
in
the
sight
and
indgement
of
the
Parliament
house
,
you
shall
finde
cithèr
all
,
or
the
most
parte
of
Dispensations
graunted
in
the
Courte
of
Faculties
for
manie
Benefices
,
not
to
be
the
thinges
defined
,
and
so
to
be
nothing
in
c●●ect
at
all
,
and
therefore
though
they
as
yet
seeme
to
stande
good
by
Lawe
,
yet
to
be
suche
as
ought
to
be
rcuoked
and
made
vopde
by
Lawe
.
Quicquid
contra
leges
accipitur
,
per
Distinct.
10.
c.
vides
Extra
.
de
priueg
.
c.
porro
.
&c.
pe.
Extra
.
de
priuileg
.
cod
de
leg
.
&
cōstetu
.
l.
2.
leges
dissolus
meretur
.
Pag.
159
Whatsoeuer
is
admitted
egainste
Lawe
,
deserueth
to
be
loosed
by
Lawe
.
Et
sic
eos
voiumus
priuilegiorum
suorum
seruare
tenorem
,
quod
eorum
metas
transgredi
minimè
vide
.
antur
.
And
we
will
them
so
to
heepe
the
tencr
of
their
Priuileges
,
that
they
seeme
not
in
any
cause
to
passe
their
boundes
.
Nam
qui
permissa
sibi
abutitur
potest
ate
,
priuilegium
meritur
amittere
:
Et
qui
malitiosè
priuilegium
,
princepis
interpretatur
,
infamis
efficitur
.
For
hee
that
abuseth
power
graunted
vnto
him
,
deserueth
to
loase
his
Priuiledge
:
and
hee
that
malftioustie
interpreteth
the
Priuiledge
of
a
Prince
,
is
made
infamous
.
Besides
these
there
are
diuerse
and
sundrie
other
causes
,
for
the
which
also
,
a
priuiledge
as
vnlawsull
is
reuocable
.
Priuatur
3.
9.
b.
c.
haec
quippe
1.
1.
93.
priuilegium
.
Extra
.
de
De
cret.
Suggestum
25.
q.
1.
c.
de
ecclesiassicis
.
ff.
de
vulg.
&
pupil
.
Substit●s
.
l.
ex
pacto
.
&
glos
.
c.
imperator
.
ver.
quod
non
.
25.
9.
2.
xcix
.
distinct
,
ecclesie
.
ff.
de
constitu
.
princ
.
l.
penult.
De.
glos
.
in
c.
quid
pernouale
.
Extra
.
de
ver.
6.
signifi.
c.
magis
.
lib.
6.
De
rescrip
.
statutum
.
quis
priuilegio
propter
scandalum
:
&
qui
non
exercet
ad
subditorum
vtilitatem
,
sed
ad
suam
voluntatem
,
&c.
A
man
looseth
his
Priuiledge
,
if
an
oftence
growe
by
meanes
of
his
Priuiledge
:
and
hee
that
dooth
not
exercise
his
Priuiledge
to
the
prosit
of
such
as
are
vnder
him
,
but
at
his
owne
pleasure
,
such
a
man
loofeth
his
priuiledge
:
And
a
reseript
ought
to
bee
such
,
that
it
hurt
none
:
and
at
what
time
so
euer
a
priuiledge
●urneth
to
〈◊〉
,
it
forth
with
preu●●leth
not
:
neither
ought
the
Poye
for
the
increase
of
his
owne
honour
,
diminish
the
right
of
the
Church
,
or
of
anie
other
.
And
the
reason
is
this
.
Prepter
euidentem
●tilitatem
&
enorme
,
damnāi
〈◊〉
ab
eo
quod
di●.
vs●
&
obtentum
est
.
For
some
common
profie
&
some
inordineie
hurt
,
we
for
go
that
,
that
a
long
time
hath
ben
vsed
and
obserued
.
Now
,
whether
the
lawfull
bounds
of
dispensations
bee
passed
,
whether
they
be
abused
or
inaliciouslie
vsed
?
whether
anic
offence
growe
by
them
:
whether
they
bee
vsed
rather
to
the
profit
of
the
people
,
then
to
the
pleasure
of
the
person
:
whether
anie
iniustice
be
committed
,
and
the
right
or
title
of
anie
other
bee
impeached
:
or
anie
great
damage
ensue
by
them
.
I
referre
it
to
the
iudgement
of
men
of
experience
in
our
time
.
Sure
I
am
that
the
Lordes
seruants
speake
against
them
,
preach
against
them
,
and
write
against
them
:
Pag.
160
Sure
I
am
,
that
the
bices
growing
by
them
are
as
rife
as
euer
they
haue
beene
in
anie
age
heeretofore
:
Sure
I
am
that
the
prosperous
state
of
the
Ministerie
is
impouerished
by
them
:
Sure
I
am
that
the
people
are
vntaught
by
them
:
And
fore
I
am
that
the
Lorde
is
dishonoured
by
them
,
and
his
Gospell
hindered
by
them
.
And
therefore
I
conclude
thus
against
them
.
Cessante
ciusa
,
cessare
debet
effectus
,
the
cause
ceasing
,
the
effect
ought
to
cease
.
The
assumption
is
manifest
.
For
equitie
grounded
vppon
vtilitie
and
necessitie
of
the
Church
,
was
the
cause
of
Dispensations
:
but
the
equitie
ceaseth
,
therefore
the
other
shoulde
cease
.
What
is
more
contrarie
to
naturall
reason
(
saith
a
Lawyer
of
singular
iudgement
)
then
that
one
and
the
selfe
same
man
shoulde
take
vnto
himselfe
diuerse
stipends
of
the
Church
in
diuerse
and
farre
disraunt
places
?
What
common
weaith
of
man
(
sayth
hee
;
)
suffereth
her
Iudges
,
her
Rulers
,
her
Notaries
,
and
other
officers
to
gadde
abroade
,
and
in
their
absence
to
inioye
their
stipendes
?
What
man
though
his
House
bee
ample
and
verie
rich
,
dooth
vaie
to
his
seruaunt
absenting
himselfe
the
wages
due
to
many
seruants
:
or
adinitteth
to
serue
in
his
roome
whome
so
eure
the
same
his
seruant
shall
appoint
him
in
his
roome
:
onelie
the
house
of
God
,
the
holie
Church
,
is
by
such
inordinarie
dealing
depriued
of
her
Ministerie
,
and
defrauded
of
her
lawfull
duetics
.
what
:
shall
the
Church
of
God
,
the
best
beloued
spouse
of
Iesus
Christ
,
which
he
hath
redeemed
by
whippinges
,
by
buffets
,
&
by
the
shedding
of
his
bloud
,
feede
hawkes
,
bring
vp
dogs
,
pamper
horses
,
nourish
whoores
,
flatterers
,
and
seditious
men
,
which
trouble
the
common
wealth
,
and
in
the
end
concludeth
thus
,
Effect
us
dispensation
is
est
,
vt
siperperam
concesse
sit
,
tam
animam
concedentis
,
Rebuff
.
de
dispensatione
ad
plura
,
bene
.
sic
.
fo.
149
64.
quam
dispensantis
,
ad
infernum
deducat
.
Pag.
161
The
effect
of
a
Dispensation
is
,
that
if
it
be
graunted
vnorderlie
,
it
carrieth
the
soule
,
as
well
of
him
that
giueth
it
,
as
of
him
that
receiueth
it
,
to
hell
:
Whereas
it
may
be
supposed
,
that
fees
paide
into
the
Hanaper
,
by
passing
of
Dispensations
vnder
the
great
seale
,
are
a
great
increase
of
her
Nighnesse
treasure
,
and
an
augmentation
of
her
teuenues
.
I
aunswere
,
that
dispensations
for
Syinonie
,
Nonresidencie
,
and
manie
benefices
,
are
so
farre
from
becing
anie
increase
of
her
Maiesties
treasures
,
as
that
they
are
indeed
a
great
diminishing
of
the
same
.
For
first
,
as
touching
dispensations
for
Syinonie
,
whereas
by
cuery
dispensation
granted
vnto
a
Symoniacall
person
,
her
Nighnesse
receiueth
into
her
hanaper
at
the
most
shillings
:
the
greatest
ordinarie
fee
limited
by
the
said
statute
,
for
anie
dispensation
to
be
graunted
her
Maiestie
for
the
same
,
looseth
10.
20.
30.
40.
or
50.
pounds
,
to
be
paide
into
the
court
of
Tenths
and
First-fruits
.
For
,
were
the
partie
committing
Symonie
,
for
the
same
offence
by
lawe
depriued
from
his
benefice
,
her
Nighnesse
were
then
to
haue
of
the
next
incumbent
,
the
whole
First-fruits
of
the
said
benefice
,
euen
ten
times
so
much
at
the
least
,
as
is
paid
into
her
hanaper
:
or
were
the
Symoniacall
person
a
pluralitie
man
,
and
so
depriued
from
all
his
benefices
and
Ecclesiasticall
promotions
,
her
Nighnesse
were
then
to
haue
,
the
whole
first
fruits
of
all
his
benefices
and
promotions
fortie
times
so
much
as
she
enioieth
by
graunting
his
dispensation
.
And
as
touching
the
fees
due
for
dispensations
,
graunted
for
many
benefices
,
though
the
same
fees
may
happily
amount
in
some
one
yeare
,
to
manie
hundreeds
:
yet
by
meanes
of
the
said
dispensations
,
her
Nighnesse
is
empouerished
yearely
by
mante
thousands
.
The
oftener
euerie
benefice
or
promotion
is
voide
,
by
resignation
or
depriuation
,
the
oftner
to
an
other
admitted
vnto
the
same
,
and
the
oftner
doth
her
Nighnesse
receiue
the
First
fruits
of
anie
such
benefice
.
Pag.
162
Now
it
is
cuident
,
that
the
conioining
of
two
,
three
,
foure
,
or
fiue
thousand
benefices
or
promotions
vnto
one
thousand
men
by
dispensations
,
is
a
manifcst
impediment
to
the
auoiding
of
so
manie
incumbents
from
so
manie
benefices
,
as
which
by
death
,
resignation
or
deprization
of
the
saide
incumbents
,
might
and
were
likely
to
be
made
voidt
.
And
so
the
said
dispensations
,
being
an
hinderaunce
to
the
auoiding
of
benefices
,
they
must
necessarily
be
also
a
verie
direct
meanes
to
keepe
from
her
Exchequer
that
treasure
,
that
otherwise
should
ordinarily
be
brought
vnto
it
.
And
though
by
the
death
,
resignation
,
or
deprination
of
euerie
pluralitie
man
,
euery
of
his
benefices
be
made
void
:
yet
his
said
benefices
are
not
so
often
made
voide
,
as
otherwise
they
should
be
.
And
therefore
though
her
Nighnesse
haue
the
first
fruits
of
two
,
three
,
foure
or
fiue
benefices
in
the
handes
of
one
Pluralitie
man
,
dying
,
resigning
,
or
being
depriued
:
yet
hath
shee
not
the
first
of
the
saide
beuefice
so
often
as
otherwise
the
might
haue
,
wherby
her
reue
mues
are
lessened
.
Since
therfore
for
one
man
to
inioy
many
benefices
by
dispensation
,
maintaineth
couetousnesse
,
&
is
contrarie
to
the
ancient
Canons
:
maintaineth
ambition
,
&
ministreth
matter
for
a
roaging
,
a
gadding
,
&
a
dissolute
ministerie
,
since
it
conueieth
stipends
due
vnto
many
from
many
vnto
one
:
since
it
is
an
hinder
ance
of
residence
,
and
containeth
perill
of
soules
:
Since
it
is
a
kind
of
theft
,
rauine
&
spoile
:
Since
it
is
vndecent
&
vncomelie
:
Since
it
is
contrarie
to
the
good
customes
of
the
Church
:
Since
the
honestie
of
the
church
therby
is
defiled
,
the
authoritie
therof
con●emned
,
the
truth
of
Christ
troden
vnder
foote
,
and
loue
banished
:
Since
among
the
rich
Prelates
and
plurified
men
themselues
,
strifes
,
contentions
,
●raules
and
enuies
arise
,
and
are
nourished
:
Since
the
fire
of
God
his
wrath
is
kindled
against
vs
by
them
:
since
it
is
against
the
lawe
of
nature
,
&
repugnant
to
the
lawe
of
God
,
and
therefore
nourisheth
a
monster
in
nature
:
Pag.
163
since
it
is
against
the
weale
,
peace
,
profit
and
conseruation
of
the
realme
:
since
it
is
against
the
vtilitic
of
the
Church
,
and
that
the
nessitie
of
the
Church
requireth
the
cleane
contrarie
:
Since
it
is
preiudicial
and
derogatorie
to
the
iast
Wils
and
Testaments
of
our
auncestors
:
since
it
is
dishonourable
and
dangerous
for
her
maiesties
person
and
safetie
:
since
priuate
necessitie
and
pouertie
is
no
sufficient
cause
for
the
maintenance
thereof
:
Since
the
miserable
penurie
of
our
stipendarie
Curates
therby
is
made
intollerable
.
And
againe
,
since
all
these
thinges
are
offensiue
,
and
that
a
Priuiledge
so
sonne
as
it
becommeth
offensiue
,
and
not
exercised
to
the
profit
of
many
,
but
to
the
will
of
one
:
is
forthwith
to
bee
with
drawen
:
Since
euerie
Priuiledge
ought
to
bee
such
,
that
it
damnifie
none
:
and
since
it
forthwith
looseth
the
name
of
a
priuiledge
,
if
once
it
turne
to
anie
iniustice
:
since
that
nothing
is
more
contrarie
to
naturall
reason
,
then
that
one
and
the
selfe
same
man
should
take
vnto
himselfe
diuerse
stipends
of
the
church
,
in
diuerse
and
farre
distant
places
:
since
it
is
against
the
pollicie
of
euerie
good
common-wealth
of
man
:
since
it
is
contrarie
to
the
gouernment
of
euevie
good
and
prouident
householder
:
since
it
carrieth
headlong
the
soules
,
as
well
of
him
that
giueth
it
,
as
of
him
that
taketh
it
,
to
hell
:
yea
,
and
since
it
is
an
impouerishing
of
her
Maiesties
treasure
,
&
diminishing
of
her
reuenues
:
Let
vs
conciude
,
for
one
man
to
inioy
two
or
mo
benefices
by
dispensation
,
to
be
a
thing
altogether
intollerable
and
vtterlie
vnlawfull
.
An
answer
to
the
second
Treatise
of
the
Abstract
:
That
dispensations
for
manie
benefices
are
vnlawfull
.
1.
Section
.
Pag.
107
,
108.
IF
this
conclusion
,
for
proofe
whereof
in
this
whole
treatise
he
pretendeth
to
labour
,
were
granted
vnto
him
,
as
in
part
it
ought
to
be
,
though
that
be
vntrue
which
he
meaneth
thereby
:
might
it
not
be
said
,
that
either
he
knoweth
not
what
he
writeth
,
or
else
willinglie
spake
vnproperlie
,
to
make
the
matter
seeme
more
odious
;
as
though
it
were
hoiden
to
be
lawfull
,
to
dispense
with
a
man
for
as
manie
benefices
as
he
could
procure
?
For
seeing
in
our
common
spéech
(
howsoeuer
the
law
more
generallie
dooth
construe
it
)
a
benefice
is
taken
for
a
pastorall
cure
of
soules
,
ouer
the
people
of
some
parish
:
it
is
euident
by
the
statute
in
that
21.
H.
8.
c.
13
The
Abstractors
discourse
wholie
inpertinent
.
behalfe
prouided
,
sauing
those
that
be
of
hir
Maiesties
councell
,
which
may
keepe
three
benefices
with
cure
of
soule
,
and
hir
Nighnesse
chapleines
vpon
whom
the
may
bestow
what
number
of
benefices
the
will
:
that
no
man
can
be
dispensed
with
to
reteine
Multa
huiusmodi
beneficia
,
many
such
benefices
,
according
to
the
true
proprietie
of
spéech
:
yet
some
being
so
qualified
as
is
required
,
may
be
dispensed
with
to
receiue
and
keepe
Plura
mo
than
one
,
euen
but
two
in
all
,
which
cannot
properlie
be
called
Many
,
except
the
matter
were
of
great
raritie
.
Unto
all
which
dispensations
so
by
statute-law
and
act
of
parlement
warranted
,
both
he
and
all
the
subiects
in
the
land
,
in
[
](A19392-e106900-b)*
*
4.
H.
7.
10.
the
eie
and
construction
of
law
,
are
deemed
to
haue
consented
.
And
therefore
that
he
or
anie
other
should
call
them
Vnlawfull
,
or
presume
to
inueigh
publikelie
against
them
(
as
he
[
](A19392-e106920-b)*
*
Pag.
159.
telleth
by
some
to
their
great
commendation
both
by
speach
,
writing
,
and
preaching
to
be
practised
,
whome
therefore
he
calleth
The
Lords
seruants
)
I
for
my
part
can
not
sée
how
it
can
be
excused
from
faction
and
great
contempt
Factious
dealing
against
law
.
of
hir
Maiestie
,
and
hir
lawes
,
Or
else
,
why
may
not
I
,
or
anie
other
priuate
man
whosoeuer
,
in
like
manner
,
with
as
good
toleration
as
he
(
perhaps
vpo
my
particular
conceipt
againsst
some
other
of
the
lawes
of
this
land
)
take
pen
in
hand
,
and
tell
all
the
subiects
in
it
,
that
they
are
no
lawes
in
déed
,
as
being
against
the
word
of
God
,
the
law
of
nature
,
of
reason
,
and
of
nations
?
And
thereby
to
giue
a
dangerous
ouuerture
and
open
window
to
the
loofing
of
the
ioints
of
all
obedience
to
lawes
:
and
to
turne
ouer
those
matters
,
which
are
to
be
debated
with
great
moderation
to
&
fro
,
onelie
in
the
most
honorable
&
high
court
of
parlement
,
to
the
dispute
and
graue
censure
,
naie
to
be
a
theame
for
euerie
flieng
pamphlet
to
iangle
,
and
euery
ale-bench
to
ring
vpon
.
It
is
good
&
sound
counsell
that
one
giueth
about
the
rules
of
oratorie
,
that
he
which
is
to
treat
or
to
wrife
of
any
matter
,
shall
deale
aduisedlie
,
if
he
prefir
before
him
continuallie
the
verie
point
of
the
issue
whervnto
he
is
to
speake
;
least
by
the
course
&
streame
of
matter
vpon
matter
,
he
be
carried
from
the
purpose
.
Which
aduise
,
if
our
author
had
followed
,
he
would
not
in
this
&
diuerse
sections
followed
,
he
would
not
in
this
&
diuerse
sections
following
,
haue
ginen
vs
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
quid
proquo
,
one
thing
for
another
,
as
apothecaries
are
burdened
Wand
ring
from
the
ifsue
,
sam●times
to
doo
.
For
how
dooth
this
follow
?
It
is
against
the
law
for
a
man
to
haue
manie
benesices
,
Ergo
it
is
against
the
law
to
dispense
with
a
man
to
haue
manie
benefices
,
or
for
the
reteining
of
two
benefices
.
Naie
the
contrarie
is
true
&
followeth
well
.
The
law
in
some
cases
dooth
permit
a
dispensation
for
reteining
of
mo
benefices
,
considering
a
dispensation
néedeth
not
,
but
where
the
rigor
or
generalitie
of
law
,
is
vpon
some
occasion
to
be
declared
,
mitigated
,
or
released
.
And
it
can
not
be
called
a
dispensation
or
immunitie
,
but
where
the
law
is
or
appeareth
to
be
in
generall
termes
otherwise
to
the
contrarie
.
And
it
is
incident
to
the
libertie
and
fréedome
wherein
we
are
borne
,
that
we
may
without
further
licence
doo
that
which
law
dooth
not
forbid
vs
:
in
which
respect
Priuilegium
is
called
Quasi
priuata
lex
,
a
priuat
or
particular
law
,
touching
but
a
few
in
comparison
of
those
that
be
within
the
generall
disposition
of
that
lawe
,
which
seemeth
to
be
contrarie
.
And
therefore
by
as
good
pretext
and
colour
of
probabilitie
,
he
might
haue
reasoned
thus
:
By
common
right
in
this
land
,
a
fellon
or
traitor
condemned
is
to
be
executed
;
Ergo
it
is
vnlawfull
for
the
prince
to
pardon
him
.
Or
thus
:
By
common
right
,
all
wrecks
,
dedans
,
fellons
and
outlawes
goods
,
léets
and
views
of
franke
pledge
doo
belong
vnto
the
crowne
:
Ergo
the
speciall
grants
of
these
and
such
like
from
hir
Maiestie
and
hir
noble
progenitors
,
to
sundrie
persons
and
corporations
in
this
realme
,
are
vnlawfull
,
and
the
patentees
can
not
with
a
good
conscience
enioy
them
.
And
againe
:
It
is
not
permitted
simplie
to
euerie
man
in
the
land
to
weare
cloth
of
gold
,
cloth
of
siluer
,
luzernes
,
sables
,
veluets
and
silkes
;
Ergo
the
immunitie
granted
to
great
personages
to
weare
these
or
some
of
them
,
is
vnlawfull
.
So
that
till
our
author
shall
take
vpon
him
to
prooue
,
that
either
the
law
dooth
not
permit
anie
dispensations
at
all
for
mo
benefices
than
one
,
vpon
anie
circumstance
or
occasion
whatsoeuer
:
or
else
that
the
law
ought
not
and
can
not
grant
anie
such
immunitie
or
priuiledge
:
we
must
follow
him
vp
and
downe
at
rouers
,
speaking
to
no
purpose
,
and
in
the
meane
time
(
as
the
prouerbe
is
)
wash
an
asses
head
.
Therefore
let
vs
brieflie
looke
into
his
proofes
,
against
one
mans
reteining
of
mo
benefices
,
and
into
his
apodesticall
syllogismes
,
collected
vpon
them
as
he
imagineth
.
His
first
allegation
[
](A19392-e107040-b)*
*
c.
quia
nonnulli
,
Ext.
de
clericis
non
resid
.
taken
out
of
the
decretals
(
though
both
it
and
all
other
sounding
to
that
purpose
be
to
be
vnderstood
,
as
shall
appeare
after
,
of
such
persons
onelie
as
be
not
qualified
as
they
ought
,
nor
dispensed
with
as
they
might
)
dooth
yet
simplie
,
in
it selfe
considered
,
make
nothing
against
the
practise
of
our
church
herein
:
for
it
prouideth
against
the
couetousnes
of
such
onelie
,
as
Being
scarse
able
to
discharge
one
office
,
doo
not
onelie
seeke
,
being
vnqualified
and
vndispensed
with
,
to
Procure
vnto
themselues
diuers
ecclesiasticall
dignities
,
but
also
Diuers
parish
churches
.
So
that
it
might
verie
well
be
applied
against
such
a
man
,
being
priuie
to
himselfe
how
vnworthie
he
is
for
the
enioieng
of
anie
such
extraordinarie
fauor
,
and
therefore
out
of
hope
euer
to
procure
dispensation
:
would
De
facto
,
for
the
satisfieng
of
his
gréedie
gaine
,
inuade
as
manie
dignities
and
inferior
benefices
ecclesiasticall
,
as
by
hooke
or
crooke
he
could
anie
waie
come
by
.
For
the
other
[
](A19392-e107090-b)*
*
c.
1.
de
consuetudine
in
6.
place
here
quoted
,
cleerelie
decideth
:
both
that
with
dispensation
,
a
man
may
reteine
lawfullie
two
personages
,
two
dignities
,
prouostships
,
or
offices
,
togither
with
a
prebend
(
though
all
thrée
belong
to
one
church
)
so
the
same
be
expreslie
conteined
in
such
dispensation
:
and
also
that
if
the
custome
of
the
said
church
be
so
,
he
may
reteine
one
personage
,
dignitie
,
prouosiship
,
or
office
ecclesiasticall
togither
with
a
prebend
,
without
dispensation
.
And
therefore
his
second
or
Minor
proposition
of
his
first
syllogisme
,
where
he
simplie
assumeth
,
that
the
enioieng
of
many
benefices
,
howsoeuer
,
or
by
whomsoeuer
,
to
be
a
maintenance
of
couetousnes
,
is
not
true
,
nor
out
of
this
place
confirmed
.
For
if
it
were
Causa
per
se
,
&
non
per
accidens
tantùm
of
couetousnes
,
then
should
the
hauing
of
so
much
yéerelie
liuing
,
as
such
benefices
ioined
togither
amount
vnto
,
be
vnlawfull
,
&
condemned
as
a
necessarie
roote
of
couetousnesse
,
in
anie
man
whatsoeuer
.
And
if
his
first
proposition
or
Maior
be
vnderstood
of
a
Fallacies
for
reasons
.
cause
or
maintenance
of
couetousnes
Perse
,
then
hath
he
made
a
fallacie
Ab.
accidente
,
to
condemne
in
his
Minor
,
that
,
as
simplie
mainteining
of
couetousnesse
,
which
onelie
by
accident
and
casualtie
falleth
out
to
giue
an
occasion
for
a
couetous
mind
to
worke
on
.
But
if
he
meane
,
that
euerie
thing
is
vnlawfull
,
which
accidentallie
may
occasion
couetousnes
,
then
is
his
Maior
vntrue
:
for
then
,
gold
,
siluer
,
possessions
,
children
,
and
all
such
externall
goods
,
whereby
(
not
by
any
fault
in
themselues
,
but
as
by
an
occasion
)
men
be
diuerssie
drawne
into
couetousnes
,
should
be
condemned
and
abandoned
as
simplie
vnlawfull
.
His
second
syllogisme
is
a
fallacie
Ab
eo
quod
est
secundum
quid
vt
simpliciter
.
For
his
Minor
is
false
,
if
it
be
vnderstood
of
those
that
be
both
qualified
and
dispensed
with
,
as
law
prescribeth
:
which
he
setteth
downe
as
simplie
true
,
bicause
the
canons
forbid
generallie
men
not
dispensed
with
therevnto
,
to
reteine
mo
benefices
.
The
like
is
to
be
said
of
the
third
syllogisme
,
whose
Minor
being
propounded
simplie
,
as
though
euerie
one
(
though
he
be
dispensed
with
)
taking
the
stipend
of
mo
benefices
,
did
take
that
which
is
due
vnto
manie
:
is
vtterlie
to
be
denied
.
Except
he
will
saie
,
that
as
the
said
stipends
haue
beene
heeretofore
seuered
vnto
mo
:
so
they
may
be
againe
,
and
therefore
are
due
to
many
.
But
then
,
séeing
he
disputeth
not
according
to
the
same
time
,
his
argument
is
faultie
vpon
the
Ignorance
of
the
elench
.
And
if
his
Minor
of
his
fourth
syllogisme
be
vniuersallie
taken
,
which
it
must
needs
be
,
or
else
his
conclusion
will
be
particular
,
and
carrie
no
shew
to
his
purpose
;
then
is
the
same
also
as
vntrue
as
the
former
,
and
to
be
denied
.
For
I
doo
not
doubt
but
there
be
verie
many
in
this
church
of
England
(
though
not
so
manie
as
were
to
be
wished
in
respect
of
the
parishes
)
which
by
the
mercie
of
God
are
as
well
able
in
all
respects
,
considering
the
frailtie
of
man
,
to
discharge
that
dutie
,
which
is
incident
to
a
pastorall
charge
;
as
in
any
age
heeretofore
hath
béene
found
,
either
here
,
or
in
any
other
like
particular
church
or
nation
elsewheresoeuer
:
which
thing
also
he
himselfe
setteth
downe
as
a
truth
,
and
as
a
dutie
that
may
be
discharged
,
so
the
partie
be
resident
,
euen
in
the
Minor
of
his
last
syllogisme
in
this
section
.
The
Maior
proposition
of
which
his
last
syllogisme
,
except
it
be
ment
of
a
perpetuall
and
a
continuall
hinderance
,
which
yet
the
partie
himselfe
might
auoid
,
or
of
such
as
otherwise
dooth
not
bring
some
greater
or
as
great
a
benefit
to
the
whole
church
some
other
waie
,
is
vtterlie
also
vntrue
.
For
besides
the
gréeuous
visitation
of
God
by
sicknesse
,
which
is
no
sufficient
cause
(
as
hath
béene
afore
shewed
)
to
remooue
a
man
from
his
benefice
,
who
therefore
may
haue
a
coadiutor
assigned
vnto
him
:
there
may
be
manie
other
causes
laid
downe
,
for
the
which
a
man
may
iustlie
sometimes
be
awaie
from
his
pastorall
charge
,
and
discharge
it
by
another
:
as
namelie
if
he
be
abroad
for
recouerie
of
his
health
:
if
he
be
called
by
his
superiors
authoritie
to
answer
matter
in
law
obiected
against
him
:
if
he
be
forced
for
the
repulsing
of
gréeuous
and
in
tollerable
iniuries
,
to
prosecute
another
in
law
,
or
for
the
reteining
of
his
owne
right
:
if
he
be
sent
of
ambassage
by
his
prince
,
or
otherwise
necessarilie
emploied
and
commanded
attendance
:
if
his
helpe
be
required
in
other
places
for
the
pacifieng
of
schismes
and
disorders
,
and
for
confutation
of
heresies
:
if
his
paines
and
trauell
be
required
for
the
confirmation
of
true
doctrine
,
taught
by
another
:
if
his
presence
be
desired
as
needfull
or
expedient
at
some
consultation
about
church
matters
,
as
at
some
synod
particular
,
prouinciall
,
nationall
,
or
generall
:
and
lastlie
,
if
some
other
parts
of
the
said
nation
and
church
should
otherwise
be
wholie
destitute
of
a
pastor
to
féed
and
instruct
them
.
For
if
vpon
these
and
manie
other
like
occasions
,
of
no
lesse
importance
,
it
were
simplie
vnlawfull
for
a
minister
to
be
absent
sometimes
from
his
pastorall
cure
,
and
to
substitute
another
to
supplie
his
roome
:
whie
(
I
praie
you
)
may
diuerse
of
your
Saints
of
God
,
and
seruants
of
the
Lord
,
which
by
a
pharisaicall
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
you
oppose
against
all
other
not
so
fantasticallie
affected
as
they
:
whie
(
I
saie
)
may
they
gad
abroad
from
their
cure
,
hauing
no
cure
elsewhere
to
looke
vnto
,
by
the
space
of
fiue
or
sixe
moneths
sometimes
in
a
yeare
hither
and
thither
at
pleasure
,
and
lie
from
their
cures
by
the
space
of
thrée
or
foure
moneths
by
troops
together
in
London
,
or
at
the
least
a
whole
parlement
time
,
being
not
called
to
counsell
in
the
conuocation
?
Is
there
by
their
absence
some
publike
commoditie
comming
or
growing
towards
the
church
;
and
may
not
another
learned
pastor
,
hauing
diligentlie
fed
his
flock
by
a
good
part
of
the
yeare
in
one
place
,
yet
not
neglecting
the
other
people
in
the
meane
time
,
bestow
to
the
profit
of
the
church
,
the
rest
of
the
yeare
in
painefull
preaching
and
teaching
to
the
people
of
another
parish
?
Both
which
peraduenture
might
else
be
either
wholie
destitute
of
preaching
,
as
being
seuerallie
no
sufficient
maintenance
for
a
man
of
studie
and
qualitie
,
or
else
haue
but
such
a
one
,
which
being
as
bold
as
ignorance
may
make
a
man
(
which
is
the
greatest
boldnes
that
may
be
)
would
aduenture
to
speake
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
not
knowing
at
the
first
what
or
how
to
speake
,
and
yet
being
once
set
of
talking
,
could
not
tell
how
or
when
to
make
an
end
.
2.
Section
.
Pag.
108
,
109.
THis
chapter
like
as
the
former
speaketh
against
such
as
reteine
manie
prebends
,
yea
more
than
two
,
&
that
without
dispensation
.
Which
may
appeare
both
by
the
glosse
,
and
also
bicause
it
is
called
ambition
in
them
,
which
[
](A19392-e107230-b)*
*
Panormi●
in
c.
de
multa
Ext.
de
praeb.
infine
.
is
not
appliable
vnto
those
,
whome
the
partie
authorised
therevnto
,
finding
sufficientlie
qualified
,
shall
for
good
cause
according
to
lawe
dispense
with
for
reteining
of
such
benefices
.
For
ambition
resteth
,
either
when
a
man
vtterlie
vnworthie
will
set
himselfe
forward
arrogantlie
to
that
which
he
is
vnfit
for
;
or
being
worthie
,
shall
séeke
it
by
vndue
meanes
,
and
contrarie
to
law
.
And
therefore
,
as
it
looketh
not
towards
his
purpose
,
to
proue
dispensations
for
mo
benefices
vnlawfull
;
so
can
it
not
be
applied
against
the
practise
of
this
church
wherein
none
be
allowed
to
reteine
mo
pastorall
charges
,
or
other
promotions
ecclesiasticall
,
in
law
termed
benefices
,
without
dispensation
:
though
in
truth
it
reach
a
blow
His
reason
retorted
against
his
owne
adherents
.
vnto
diuerse
of
his
clients
,
who
can
be
contented
(
notwithstanding
in
law
a
prebend
be
accompted
a
benefice
,
and
in
some
cases
also
haue
cure
of
soules
)
to
reteine
one
,
two
or
thrée
,
yea
foure
prebends
sometimes
;
onelie
bicause
they
doo
not
passe
in
common
speeches
vnder
the
names
of
benefices
,
and
to
the
intent
of
residence
and
incompatibilitie
by
statute
law
,
are
not
accompted
cures
of
soules
:
yea
,
and
that
without
all
dispensation
,
according
as
is
required
.
Which
therefore
can
not
in
them
be
cleared
from
the
staine
of
ambition
,
howsoeuer
they
beare
it
out
with
a
stearne
looke
,
and
a
clowd
in
their
forehead
amongst
those
which
admire
their
great
sinceritie
,
and
which
doo
verelie
beléeue
,
that
their
feed
is
so
pure
,
that
they
would
rather
liue
by
aire
alone
,
than
be
susteined
by
church
liuings
,
euen
as
the
Chamaeleon
is
supposed
by
some
to
doo
,
with
as
great
truth
,
as
that
such
haue
no
prebends
to
mainteine
them
.
His
first
reason
here
,
touching
the
maintenance
of
ambition
(
by
pluralitie
of
benefices
)
is
sicke
euen
vnto
death
,
of
the
same
disease
that
his
first
syllogisme
of
his
other
section
A
fallacie
ab
accidents
.
was
,
and
is
a
fallacie
Ab
accidente
:
because
though
some
may
be
led
therevnto
by
ambition
,
yet
is
it
not
anie
necessarie
efficient
cause
thereof
.
Yea
,
in
his
Minor
of
this
syllogisme
lurketh
a
fallacie
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
bicause
though
it
be
ambition
in
such
as
seeke
to
aspire
to
preferments
,
which
the
law
will
not
intitle
them
vnto
:
yet
is
it
not
ambition
in
those
,
which
being
qualified
according
to
law
,
doo
seeke
it
onelie
by
ordinarie
meanes
.
That
which
he
speaketh
in
his
second
syllogisme
of
Roging
,
is
his
owne
proper
goods
,
and
not
borrowed
out
of
this
canon
.
The
Dissolution
and
often
going
to
and
fro
,
which
the
canon
speaketh
of
,
and
he
translateth
as
it
liketh
him
,
a
Dissolute
and
gadding
ministerie
,
whereas
yet
no
mention
is
made
of
ministerie
,
is
(
as
I
take
it
)
set
downe
,
to
shew
a
difficultie
of
reteining
such
within
the
bounds
of
ecclesiasticall
rules
and
offices
,
which
by
occasion
of
their
seuerall
prebends
situate
in
diuerse
churches
,
are
often
called
to
and
fro
about
the
affaires
incident
to
their
seuerall
liuings
.
Yet
neither
dooth
this
Decretall
simplie
condemne
,
as
a
thing
intolerable
,
all
such
Going
to
and
fro
,
but
where
it
conteineth
perill
of
soules
withall
:
neither
can
it
be
with
anie
reason
found
fault
with
,
where
otherwise
vpon
some
weightier
occasion
,
it
tendeth
to
a
greater
benefit
towards
the
church
,
than
this
can
anie
waies
be
offensiue
:
which
offense
,
is
the
onelie
ground
almost
,
why
this
often
going
to
and
fro
,
can
with
anie
colour
be
reprehended
.
And
therfore
his
Maior
must
be
better
vnderlaid
with
reason
,
before
we
may
absolutelie
admit
of
it
,
as
true
.
The
Medium
or
reason
of
his
third
syllogisme
,
which
he
maketh
seuerall
by
it selfe
,
is
ioined
with
a
copulatiue
to
the
reason
of
the
former
syllogisme
,
and
so
both
they
should
make
but
one
reason
.
Now
,
to
haue
diuers
benefices
,
dooth
not
necessarilie
conteine
(
as
he
assumeth
indistinalie
in
his
Minor
thereof
)
anie
perill
of
soules
:
but
onlie
then
,
when
the
partie
is
not
dispensed
with
to
reteine
them
,
as
the
[
](A19392-e107380-b)*
*
Gl.
in
c.
quia
in
tantum
Extr.
de
prebendis
in
verbo
animarum
per
text
.
c.
dudum
.
2.
Ext.
c.
de
elect
.
glosse
in
the
same
place
dooth
teach
vs
.
And
therefore
his
reason
is
a
paralogisme
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
The
cause
of
which
perill
of
soules
,
ouer
and
aboue
the
parties
owne
danger
,
bicause
he
can
not
with
a
good
conscience
reteine
vnto
himselfe
anie
thing
against
law
,
is
assigned
to
be
this
:
that
[
](A19392-e107400-b)*
*
Gl.
ver.
deceptae
,
c.
disdum
.
he
being
not
dispensed
with
,
and
therefore
his
benefice
,
though
in
fact
by
him
reteined
,
yet
by
law
in
deed
meerelie
void
:
ail
his
exercise
of
the
keies
for
binding
and
loosing
of
the
parishioners
of
his
first
benefice
,
shall
thereby
,
as
being
done
A
non
iudice
,
become
void
also
,
and
so
those
shall
forsooth
dangerouslie
remaine
in
their
sinnes
,
which
thought
they
had
béene
by
him
in
shrift
cleerelie
absolued
.
Which
reason
being
by
the
light
of
Gods
gospell
discouered
to
be
but
vaine
,
that
which
is
built
therevpon
must
needs
topple
downe
to
the
ground
withall
.
For
we
know
that
no
[
](A19392-e107420-b)*
*
c.
si
quis
&c.
cum
aliquis
.
24.
q.
3.
sentence
of
anie
mortall
man
can
either
bind
or
loase
a
mans
sins
,
otherwise
than
the
word
of
God
dooth
warrant
and
declare
:
according
to
which
if
it
be
pronounced
by
whomsoeuer
,
the
sentence
is
good
,
and
ratified
by
God
himselfe
,
as
he
hath
promised
.
In
which
respect
also
some
canons
,
and
some
of
the
sounder
schoolemen
haue
taught
,
that
the
sentence
of
the
priest
dooth
onelie
bind
declaratiuelie
,
and
not
dispositiuelie
.
The
Maior
proposition
of
his
last
syllogisme
here
,
doth
by
no
coherence
of
reason
hang
togither
:
for
both
in
the
church
and
common-wealth
manie
occasions
may
be
assigned
,
that
doo
in
some
sort
indirectlie
Hinder
other
from
doing
fruitfull
seruice
in
either
of
them
,
which
yet
may
and
ought
to
be
tolerated
.
For
what
if
some
notable
man
by
due
desert
haue
atteined
diuerse
high
offices
,
which
by
reason
of
the
manie
old
reuerend
yeares
wherewith
God
dooth
blesse
him
farre
beyond
all
expectation
,
in
which
time
neuerthelesse
manie
other
excellent
men
perhaps
are
bred
vp
,
by
all
likelihood
able
in
verie
good
sort
to
serue
in
those
seuerall
roomes
of
the
church
or
common-wealth
which
he
enioieth
:
shall
such
a
man
in
this
regard
be
stripped
foorth
of
most
of
his
liuings
,
least
others
should
want
in
the
meane
time
,
and
be
hindered
from
imploiment
according
to
their
sufficiencie
?
Or
shall
we
therefore
accuse
old-age
,
and
the
blessing
of
manie
yeares
as
a
thing
intolerable
?
So
that
we
see
it
is
a
Fallacie
ab
accidente
,
like
diuers
of
the
rest
which
are
branded
with
the
same
stampe
.
The
Minor
also
of
the
said
syllogisme
hath
as
slender
color
of
truth
as
the
former
.
For
as
one
of
the
ends
(
as
I
conceiue
of
the
statute
)
was
to
haue
such
as
were
intended
to
be
of
greater
gifts
,
to
haue
larger
rewards
:
so
was
it
another
end
,
rather
to
haue
two
diuerse
parishes
allotted
to
one
man
able
to
instruct
them
,
and
they
to
mainteine
him
:
than
to
haue
them
serued
by
two
seuerall
men
not
sufficient
to
instruct
either
of
them
.
So
that
it
may
trulie
be
verified
,
verie
few
sufficient
preachers
,
by
this
onelie
meanes
of
one
mans
inioieng
two
benefices
,
to
want
maintenance
,
or
to
be
hindered
from
dooing
seruice
in
the
church
:
which
may
appeare
by
taking
an
estimate
in
euerie
countrie
of
such
liuings
,
which
be
of
as
sufficient
liueliehood
as
the
most
seuerall
liuings
of
anie
pluralists
,
which
are
not
yet
bestowed
so
well
as
were
to
be
wished
.
3.
Section
.
Pag.
109
,
110.
IN
the
text
here
alledged
,
whence
the
reason
of
this
Syllogisme
is
gathered
,
it
is
said
,
that
After
a
sort
,
he
that
vsurpeth
vnlawfullie
two
benefices
,
dooth
commit
theft
:
which
word
of
Quodammodo
was
necessarilie
and
warilie
added
,
bicause
Theft
is
defined
to
be
Contrectation
or
handling
of
another
mans
goods
,
without
the
good
will
of
the
owner
:
which
cannot
be
applied
properlie
to
a
void
benefice
,
whose
proprietie
is
indéed
and
in
strict
termes
of
law
in
no
man
,
during
that
time
,
but
(
as
the
common
lawyers
also
doo
teach
vs
)
In
nubibus
,
in
the
clouds
and
in
suspense
.
Which
necessarie
limitation
,
though
our
author
hath
inserted
in
his
syllogisme
,
yet
hath
he
omitted
to
translate
it
with
the
rest
of
the
text
.
Corrupt
translation
.
But
it
is
answered
in
the
next
section
afore
,
both
by
the
text
here
alledged
,
and
by
the
glosse
vpon
the
other
decretall
there
handled
,
that
there
is
neither
danger
of
soules
,
neither
any
maner
of
theft
committed
,
but
where
a
man
vsurpeth
mo
benefices
than
one
,
being
not
by
law
thervnto
authorised
or
dispensed
with
.
For
the
[
](A19392-e107610-b)*
*
c.
dudum
.
2.
§.
nosigitur
.
Ext.
de
electi
text
it selfe
thus
distinguisheth
:
If
it
appeare
,
that
after
the
enioieng
of
the
archdeaconrie
,
hauing
cure
of
soules
annexed
,
he
reteined
the
said
parochiall
churches
also
at
the
time
of
his
election
,
neither
did
shew
forth
that
he
was
dispensed
with
by
the
apostolike
See
,
then
his
election
shall
by
authoritie
thereof
be
frustrated
.
And
the
like
distinaction
also
is
found
in
the
other
chapter
[
](A19392-e107630-b)*
*
c.
de
multa
.
§
finali
.
Ext.
de
pr●bendis
.
here
quoted
in
these
words
:
But
concerning
great
personages
and
learned
men
,
which
are
to
be
honorablie
respected
with
greater
benefices
(
as
reason
shall
require
)
the
apostolike
See
may
dispense
.
Therefore
it
is
euident
,
that
his
Minor
proposition
is
in
two
respects
false
:
first
where
he
assumeth
,
that
the
Pluralist
taketh
that
which
belongeth
to
another
:
and
againe
,
in
that
he
affirmeth
simplie
and
absolutelie
,
without
the
former
distinction
of
law
,
that
he
committeth
theft
.
And
likewise
it
appeareth
that
he
crusheth
himselfe
against
the
said
rocke
of
Paralogisme
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
whereat
he
hath
so
often
made
shipwracke
of
reason
.
4.
Section
.
Pag.
110
,
111.
TO
his
first
place
heere
alledged
out
of
the
Distinctions
in
the
Decrees
,
the
[
](A19392-e107740-b)*
*
Glos
.
in
versingulis
c.
sing
u.
dist.
89.
Glosse
.
trulie
dooth
answer
,
that
it
is
to
be
vnderstood
to
be
indéed
The
generall
lawe
,
yet
limited
and
restrained
vpon
diuerse
occasions
of
Speciall
priuilege
,
euen
by
other
parts
of
the
same
lawe
,
as
shall
(
God
willing
)
be
made
manifest
hereafter
.
The
other
place
in
this
section
alledged
,
is
shamefullie
by
him
falsified
:
for
he
hath
Falsification
.
put
in
(
more
than
anie
booke
,
that
I
can
find
,
speaketh
of
in
that
place
)
all
these
words
,
wherevpon
his
thrée
syllogismes
insuing
are
grounded
,
to
wit
:
Both
bicause
it
is
a
proper
kind
of
merchandize
and
filthie
gaine
,
and
also
altogither
contrarie
to
the
custome
of
the
church
:
where
in
trueth
,
that
[
](A19392-e107820-b)*
*
c.
per
laico●
〈◊〉
fine
.
16.
q.
●●bigl●in
●●●r
.
Duas
.
canon
saith
nothing
else
but
this
;
Let
no
priest
haue
two
churches
.
Which
the
glosse
,
for
auoiding
of
contrarietie
with
other
lawes
,
dooth
thus
interpret
,
that
is
,
Not
two
churches
with
title
,
except
they
be
poore
churches
,
as
is
to
be
found
,
c.
eam
te
:
Ext.
de
aetat
.
&
qualit
.
and
.
c.
vnio
,
10.
q.
e.
Neuerthelesse
the
truth
is
,
that
these
things
may
be
verified
of
such
men
,
as
wholie
contrarie
to
the
canons
doo
vsurpe
mo
benefices
,
then
they
are
dispensed
with
by
law
to
receiue
.
And
therefore
the
like
words
are
vsed
in
another
[
](A19392-e107890-b)*
*
c.
1.
21.
q.
1.
in
fine
.
canon
,
yet
not
simplie
,
(
as
our
author
without
any
simple
meaning
or
plaine
dealing
hath
alledged
)
but
with
distinction
,
that
it
is
meant
,
That
none
shall
hold
by
waie
of
title
two
benefices
in
two
seuerall
cities
,
or
in
that
citie
where
the
seauenth
councell
was
assembled
,
though
in
villages
abroad
,
by
reason
[
](A19392-e107920-b)*
*
c.
priscis
.
56.
dist.
of
scarsitie
of
such
men
,
it
be
permitted
:
bicause
it
was
then
intended
,
that
in
cities
all
things
necessarie
being
more
plentifull
than
in
the
countrie
,
they
might
by
one
benefice
be
sufficientlie
mainteined
.
Therefore
his
thrée
seuerall
assumpts
or
Minor
propositions
,
wherein
he
assumeth
without
proofe
,
that
absolutely
,
It
is
against
the
good
custome
of
the
church
,
a
proper
kind
of
merchandize
and
filthie
gaine
,
and
vncomelie
,
in
anie
respect
,
for
one
man
to
haue
mo
benefices
;
are
all
to
be
denied
as
vntrue
.
Yet
I
must
put
him
in
mind
,
that
the
Maior
of
his
last
syllogisme
is
also
vntrue
;
bicause
,
if
he
vnderstand
,
In
the
church
,
that
is
,
amongest
christians
(
as
he
must
néeds
doo
,
or
else
taking
it
for
the
publike
assemblie
about
the
exercises
of
our
religion
,
he
shall
speake
besides
his
purpose
)
manie
things
are
lawfull
,
which
are
not
expedient
,
and
therefore
not
comelie
.
5.
Section
.
Pag.
111
,
112.
IF
his
store
to
this
purpose
were
either
so
great
,
or
so
good
as
he
maketh
boast
of
,
then
was
he
greatlie
ouerseene
in
his
choise
,
to
cull
out
this
constitution
of
the
Legat
Octobone
in
steed
of
all
the
rest
.
For
the
words
which
he
hath
alledged
,
as
is
euident
to
him
,
which
will
peruse
the
former
part
of
that
[
](A19392-e108020-b)*
*
Const.
Othoboni
de
institut
.
seu
collationibus
.
§.
1.
constitution
,
(
which
yet
our
author
of
his
owne
absolute
authoritie
hath
transformed
and
diuided
into
two
chapters
,
as
though
the
one
did
not
depend
vpon
the
other
)
are
spoken
against
such
,
as
Are
not
able
to
take
charge
ouer
themselues
,
which
doo
not
reside
vpon
their
cures
,
which
are
not
in
any
sacred
orders
requisite
to
the
reteining
of
such
a
benefice
,
which
doo
not
onelie
vsurpe
manie
,
but
infinite
such
benefices
,
which
though
they
would
,
yet
by
no
possibilitie
are
able
to
satisfie
their
charge
,
which
violentlie
intrude
themselues
into
such
benefices
,
which
by
subtile
deuises
&
colourable
shifts
doo
seeke
to
reteine
them
,
&
lastlie
which
haue
no
dispensation
therevnto
obteined
from
the
apostolike
See
,
as
the
canons
in
this
behalfe
doo
prescribe
.
Therefore
it
is
no
maruell
,
those
so
manie
blemishes
,
or
diuerse
of
them
concurring
,
that
these
blind
leaders
(
except
they
had
bene
as
blind
as
mowles
or
béetles
)
did
perceiue
such
great
inconueniences
therein
,
as
that
they
could
not
but
thus
greeuoustie
exclaime
against
them
.
Which
before
it
can
be
applied
to
our
plurified
men
,
as
this
foolified
phrasefiner
termeth
them
,
he
must
first
prooue
,
that
the
cases
of
both
are
alike
.
6.
Section
.
Pag.
112
,
113.
IT
could
neuer
haue
come
to
passe
,
but
that
the
Abstractor
is
Gnauiter
impudens
,
that
he
should
obiect
the
same
statute
for
the
absolute
prohibiting
of
the
reteining
of
mo
benefices
,
which
dooth
alonelie
establish
all
dispensations
for
Pluralists
(
sauing
for
the
Chaplens
of
some
few
qualified
persons
,
by
other
statutes
afterward
prouided
for
)
that
be
or
can
be
put
in
practise
in
this
church
of
England
.
Wherein
yet
we
may
obserue
euen
in
the
very
words
by
himselfe
alleged
,
though
we
go
no
further
,
that
the
hauing
of
mo
benefices
is
not
so
generallie
prohibited
,
but
that
in
respect
of
the
pouertie
of
the
first
benefice
,
as
being
vnder
eight
pounds
yearelie
value
,
agreeable
partlie
to
the
canons
in
this
behalfe
,
a
man
may
without
furder
qualification
or
dispensation
by
that
statute
exacted
,
reteine
also
a
second
of
what
value
soeuer
,
without
auoiding
himselfe
from
his
first
benefice
.
And
bicause
our
author
hath
here
made
a
gallant
shew
of
certeine
generall
lawes
,
prohibiting
(
though
not
simplie
)
the
reteining
of
mo
benefices
:
and
is
now
readie
prest
to
improue
with
all
his
might
,
that
which
may
be
obiected
to
the
contrarie
,
touching
such
lawes
,
as
doo
permit
by
dispensation
to
some
persons
and
vpon
some
occasions
,
the
inioieng
of
mo
than
one
:
it
shall
not
be
amisse
breeflie
to
point
out
such
lawes
and
canons
(
besides
those
few
,
which
hitherto
haue
béene
here
and
there
aforetouched
)
which
doo
directlie
prooue
,
that
by
dispensation
it
is
lawfull
,
to
be
possessed
of
mo
benefices
than
one
at
once
,
vpon
some
reasonable
occasions
.
It
appeareth
by
a
[
](A19392-e108220-b)a
a
c.
de
multa
.
Extra
execrabilis
de
prebendis
.
whole
Decretall
set
downe
of
purpose
concerning
pluralitie
of
benefices
,
that
dispensations
may
be
granted
for
reteining
of
mo
benefices
by
one
man
.
It
is
likewise
in
another
place
[
](A19392-e108260-b)b
b
c.
ordinarij
,
§.
1.
&
§.
caeterum
de
off
.
ordinarij
in
.
6
decreed
,
that
as
those
which
can
not
shew
foorth
sufficient
dispensation
,
shall
be
deuested
of
those
benefices
,
Which
in
that
respect
they
doo
vniustlie
hold
,
so
if
they
can
shew
a
sufficient
dispensation
,
they
shall
not
be
molested
for
them
,
bicause
they
doo
hold
them
canonicallie
.
Manie
examples
herof
might
be
alledged
here
and
there
dispersed
:
as
[
](A19392-e108290-b)c
c
c.
cum
Capell
.
Extr.
de
priuileg
.
where
certeine
praebendaries
are
mentioned
to
haue
claimed
an
exemption
in
the
parish
churches
,
which
they
inioyed
;
bicause
the
place
whereof
they
were
praebendaries
,
was
exempted
.
And
[
](A19392-e108320-b)d
d
c.
relatum
.
2.
§
fin
.
Extr.
de
testam
.
againe
,
where
it
is
decided
,
concerning
the
distribution
of
his
goods
,
which
had
diuerse
benefices
.
Another
example
herof
may
be
taken
out
of
Concilium
[
](A19392-e108340-b)e
e
c.
vnum
.
§.
pont.
2●
.
q.
1.
Agathense
,
where
it
is
decreed
,
that
An
abbat
may
haue
two
monasteries
,
and
both
of
them
as
in
title
,
but
by
speciall
priuilege
,
and
not
of
common
right
.
And
it
is
decréed
in
the
[
](A19392-e108370-b)f
f
c.
Clericum
&c.
sequente
ib
idem
.
Councell
of
Chalcedon
,
that
a
man
may
be
a
Bishop
of
one
place
,
and
an
Archbishop
of
another
all
at
one
time
,
yet
the
one
by
title
,
the
other
by
way
of
Commendam
:
like
as
we
read
of
Oswald
,
who
in
the
daies
of
king
Edgar
before
the
conquest
reteined
both
the
Archbishoprike
of
Yorke
,
and
the
bishoprike
of
Worcester
together
.
An
example
also
here
of
more
ancient
dooth
appeere
in
the
[
](A19392-e108450-b)g
g
c.
relatio
.
&c.
vl.
ibidem
.
daies
of
Gregorie
the
Great
,
where
by
his
appointment
one
was
both
Bishop
of
Terracon
,
and
Bishop
of
Funda
at
one
time
;
yet
the
one
by
title
,
and
the
other
Commended
vnto
him
by
waie
of
trust
for
tuition
.
And
the
glosse
hath
verie
well
gathered
out
of
Hostiensis
fiue
other
causes
,
wherein
two
benefices
may
be
committed
vnto
one
man
to
be
holden
in
title
.
[
](A19392-e108520-b)h
h
c.
vnio
.
10.
q.
3.
c.
eam
te
Ext.
de
aetat
.
&
qual.
First
,
when
the
churches
be
of
poore
and
meane
reuenue
.
[
](A19392-e108530-b)i
i
c.
vli
.
§.
sique
dist.
70.
Next
by
the
dispensation
of
the
Bishop
,
so
that
it
be
in
his
owne
diocesse
,
and
in
simple
benefices
,
for
[
](A19392-e108550-b)k
k
Add.
ad
gl
.
ver.
in
duabus
,
ibidem
.
otherwise
it
belongeth
(
saith
he
)
to
the
Pope
to
dispense
.
[
](A19392-e108570-b)l
l
c.
1.
in
fine
21.
q.
1.
Thirdlie
for
scarsitie
of
sufficient
men
to
serue
in
that
function
:
vpon
which
consideration
,
the
canon
alloweth
in
villages
in
the
countrie
one
man
to
haue
two
benefices
.
[
](A19392-e108590-b)m
m
c.
relatio
.
d.
c.
de
multa
,
&c.
ordinar●
.
Fourthlie
,
by
dispensation
of
him
that
hath
authoritie
,
which
in
those
times
they
attributed
to
the
Pope
.
[
](A19392-e108620-b)n
n
Gl.
in
ver.
pendeant
.
c.
eam
te
Ext.
de
aetat
.
&
qual.
c.
super
co
&c.
cum
singula
in
pri.
ver.
nisi
vnus
de
prebendis
.
in
6.
Fistlie
and
lastlie
,
if
one
benefice
be
annexed
or
doo
depend
vpon
another
.
7.
Section
.
Pag.
113
,
114
,
115
,
116.
THe
Abstractor
seemeth
in
this
section
so
big
with
matter
,
that
he
confusedlie
shuffleth
togither
the
confutation
of
his
aduersaries
(
supposed
)
obiections
,
with
the
proofes
,
which
he
bringeth
to
ouerthrowe
dispensations
,
as
not
knowing
whether
of
them
he
had
best
to
be
first
deliuered
of
:
and
yet
it
will
prooue
but
a
timpanie
,
which
in
this
maner
dooth
no
lesse
trouble
him
,
than
if
it
were
an
arrow
sticking
in
a
dogs
leg
.
First
of
all
he
here
telleth
vs
,
that
Although
the
magistrate
in
some
cases
besides
the
law
,
may
licence
and
dispense
,
yet
in
the
matter
of
pluralities
it
will
not
be
found
:
being
as
much
in
effect
,
as
if
he
had
said
;
None
authoritie
whatsoeuer
can
lawfullie
warrant
a
man
to
reteine
two
benefices
.
This
neuerthelesse
he
leaueth
vnproued
wholie
,
and
passeth
on
,
by
waie
of
obiection
vpon
ground
of
certeine
generall
rules
,
to
frame
for
those
which
are
Abbettours
of
pluralists
a
reason
,
which
I
will
breefelie
gather
into
a
syllogisme
,
though
he
haue
onelie
framed
an
enthymeme
thereof
,
and
in
steed
of
the
antecedent
,
to
wit
:
Pag.
120
that
Churches
were
founded
and
distinguished
by
law
positiue
,
which
afterward
he
affirmeth
to
be
vnture
,
he
héere
denieth
not
that
,
but
the
Consequence
,
as
vnnecessarie
and
sophisticall
.
The
argument
may
be
thus
gathered
.
The
same
authoritie
,
which
hath
first
distinguished
churches
,
may
vnite
them
againe
.
For
the
reason
and
ground
whereof
,
he
bringeth
these
generall
rules
,
He
may
pull
downe
,
who
hath
set
vp
:
and
the
interpretation
of
the
law
belongeth
to
the
law-maker
.
But
the
authoritie
of
positiue
law
hath
first
distinguished
churches
:
Ergo
the
authoritie
of
Positiue
law
may
vnite
them
againe
.
To
those
generall
rules
in
the
first
place
he
answereth
,
that
If
they
be
generallie
vnderstood
without
limitation
&
distinction
,
they
be
either
vtterlie
false
,
or
else
contrarie
and
repugnant
to
other
principles
of
law
.
Truelie
this
is
verie
strange
law
vnto
me
,
to
heare
that
one
principle
of
law
is
contrarie
to
another
.
If
he
had
said
repugnant
alone
,
it
had
béene
tolerable
:
but
he
speaketh
with
a
copulatiue
,
and
saith
,
they
are
both
contrarie
and
repugnant
.
Wherin
also
he
ouerleapt
his
Logike
a
little
,
for
there
can
be
no
doubt
but
that
euerie
Contrarietie
is
a
Repugnancie
,
though
not
contrariwise
.
And
I
alwaies
was
charged
to
beléeue
,
that
there
were
no
Antinomies
in
law
:
though
yet
this
be
true
,
that
méere
contrarieties
,
yea
and
contradictions
also
(
as
afore
hath
bene
touched
)
may
be
collected
,
and
will
follow
vpon
those
reasons
,
which
may
be
gathered
vpon
generall
rules
.
And
therefore
the
safest
and
most
sound
reasoning
is
drawne
from
the
particular
decisions
of
law
,
and
not
by
the
in●nit
disputes
and
altercations
(
as
Tullie
calleth
them
)
arising
of
generall
rules
.
And
where
he
saith
,
that
If
they
be
generallie
vnderstood
without
limitation
,
they
be
false
,
how
can
he
applie
this
anie
waie
to
his
purpose
?
Except
happislie
he
will
reason
in
this
sort
:
There
are
some
cases
wherin
they
faile
,
Therfore
they
faile
in
this
point
also
,
which
we
now
speake
of
:
and
then
this
is
a
Fallacie
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Also
where
he
secondarilie
answereth
,
that
No
Maxime
in
law
is
so
infallible
,
but
that
it
receiueth
limitations
and
restrictions
,
he
saith
trulie
,
though
to
his
purpose
verie
impertinentlie
:
except
he
could
shew
,
that
in
this
case
,
which
we
now
haue
in
hand
,
it
is
so
limited
and
restrained
,
as
he
would
inforce
.
And
yet
by
the
waie
it
may
please
him
to
call
to
mind
,
that
now
he
Inconstant
dealing
.
condemneth
that
reasoning
vpon
generall
rules
As
weake
and
without
any
sure
settling
,
which
so
oft
he
himselfe
in
the
first
treatise
hath
vsed
.
Also
in
this
place
we
may
obserue
a
contradiction
by
him
deliuered
:
where
he
saith
,
No
rule
A
plaine
contradiction
.
can
be
so
generallie
giuen
,
that
receiueth
not
some
limitations
:
which
is
(
as
he
affirmeth
)
an
infallible
Maxime
in
law
.
For
either
this
Maxime
&
generall
rule
must
not
be
so
infallible
,
but
that
it
shall
receiue
some
limitations
,
or
else
that
other
must
be
vntrue
,
that
there
is
no
generall
rule
,
but
it
hath
his
limitations
.
But
he
leaueth
at
the
last
these
reasons
of
randon
,
for
proofe
onelie
that
generall
rules
may
receiue
limitations
,
and
taketh
now
vpon
him
to
prooue
,
that
these
two
rules
then
doo
faile
in
déed
and
receiue
limitation
,
when
the
cause
of
the
prohibition
is
perpetuall
.
But
his
proofe
hereof
is
nothing
else
but
his
owne
assertion
,
without
either
law
or
interpre●or
of
law
,
which
so
dooth
limit
it
.
For
in
déed
the
law
,
which
he
here
quoteth
,
and
the
glosse
which
alledgeth
that
law
,
saith
nothing
else
but
[
](A19392-e109080-b)*
*
L.
35.
si
stipulor
.
ff.
de
verb.
obliga
.
this
,
that
If
I
take
stipulation
or
bond
of
a
man
,
to
doo
that
which
either
nature
forbiddeth
to
be
done
,
or
which
the
lawes
doo
forbid
,
so
that
there
shall
be
a
perpetuall
cause
of
the
said
prohibition
,
the
bond
is
void
.
But
how
dooth
this
prooue
,
that
the
generall
rules
afore
touched
be
limited
and
distinguished
by
this
law
,
whereof
it
maketh
no
mention
?
Yet
if
we
should
admit
it
,
can
it
be
truelie
said
,
that
the
lawes
doo
so
forbid
reteining
vpon
anie
occasion
or
by
anie
meanes
two
benefices
,
that
the
cause
of
that
prohibition
shall
be
déemed
to
be
perpetuall
?
Séeing
the
lawes
themselues
do
directlie
(
as
you
haue
heard
)
vpon
sundrie
occasions
determine
the
contrarie
.
Neither
yet
dooth
it
follow
,
bicause
a
bond
is
void
,
which
is
taken
against
such
a
law
which
hath
perpetuall
cause
of
prohibition
,
that
therefore
an
indulgence
and
dispensation
of
like
sort
should
be
also
void
.
For
he
will
not
denie
(
I
hope
)
but
that
the
reason
,
why
malefactors
ought
to
be
punished
is
perpetuall
,
as
not
being
of
that
nature
which
may
be
wholie
abrogated
:
and
yet
in
some
speciall
respects
it
is
lawfull
,
euen
In
foro
conscientiae
for
the
prince
to
pardon
their
faults
,
and
to
release
their
punishment
.
For
(
I
trust
)
our
Abstractor
is
not
of
[
](A19392-e109120-b)*
*
T.
C.
pag.
98.
his
opinion
,
which
thinketh
both
that
the
law
of
Moses
for
capitall
punishments
ought
exactlie
euen
among
vs
to
be
obserued
,
and
also
[
](A19392-e109140-b)*
*
T.
C.
pa.
100.
that
hir
Maiestie
ought
not
to
pardon
the
life
of
anie
,
which
God
by
the
Iudiciall
law
giuen
to
the
Iewes
,
did
punish
by
death
.
Now
hauing
by
the
examples
of
Murther
,
theft
,
and
blasphemie
,
which
haue
a
perpetuall
cause
of
prohibition
,
shewed
his
meaning
herein
:
he
ariseth
from
these
particulars
to
collect
a
generall
Ab
hypothesi
ad
thesin
:
that
seeing
None
may
take
awaie
or
dispense
with
the
reason
of
a
law
,
being
the
life
and
soule
of
the
law
,
therefore
no
man
can
dispense
with
the
law
,
or
take
awaie
the
law
.
Which
being
spoken
indefinitelie
of
a
law
,
must
needs
be
equiualent
(
as
law
dooth
teach
vs
)
vnto
an
vniuersall
:
and
then
both
he
shall
be
found
to
be
contrarie
to
himselfe
,
hauing
before
Contrarietie
.
Pag.
113.
deliuered
,
that
In
things
depending
vpon
the
meere
disposition
of
man
,
the
magistrate
may
dispense
:
and
also
verie
absurd
,
in
taking
awaie
all
priuileges
and
exemptions
from
the
generall
rigor
of
sundrie
lawes
.
Moreouer
we
are
taught
by
law
,
that
of
[
](A19392-e109250-b)*
*
L.
non
omnium
.
ff.
de
legib.
Abb.
in
c.
si
quando
.
Extr.
de
rescriptis
.
manie
lawes
a
reason
can
not
be
rendered
,
neither
ought
we
too
curiouslie
to
search
after
the
reason
of
them
.
Whereby
will
follow
vpon
this
mans
words
,
that
manie
good
&
wholsome
lawes
doo
want
their
life
and
soule
.
But
if
he
will
saie
,
he
onlie
meant
such
like
lawes
as
he
brought
his
examples
of
,
which
doo
seeme
immediatlie
to
flow
from
the
law
of
nature
:
besides
that
it
had
baene
méet
,
he
should
haue
expressed
herein
his
meaning
plainlie
,
yet
is
the
consecution
of
his
argument
faltie
:
for
that
it
is
not
necessarie
,
whersoeuer
anie
of
these
laws
,
which
are
deriued
immediatlie
from
the
law
of
nature
,
are
vpon
anie
circumstances
dispensed
withall
,
or
taken
awaie
,
that
it
should
be
concluded
therevpon
,
that
The
reason
,
the
life
,
the
soule
of
the
law
,
which
is
the
law
of
nature
,
is
taken
awaie
.
For
though
God
,
whose
will
is
perfect
iustice
,
and
who
prescribeth
lawes
to
other
and
not
to
himselfe
,
did
appoint
the
children
of
Israël
to
rob
the
Aegyptians
:
yet
this
notwithstanding
,
the
generall
law
against
theft
grounded
vpon
this
reason
and
law
of
nature
,
That
one
man
may
not
hurt
or
doo
iniurie
to
another
,
was
not
after
this
time
hereby
taken
awaie
,
or
out
of
this
case
dispensed
withall
.
Likewise
,
though
Moses
for
the
hardnesse
of
their
harts
did
permit
the
children
of
Israël
to
put
away
their
wiues
vpon
anie
mistike
,
and
to
marie
else
where
:
yet
was
not
the
reason
of
the
law
of
matrimonie
,
being
reckoned
by
ciuil
law
to
be
the
first
law
of
nature
,
cleane
taken
awaie
by
this
indulgence
and
dispensation
giuen
vnto
them
.
Yet
the
Abstractor
vpon
this
false
position
,
that
None
can
dispense
for
pluralitie
of
benefices
,
but
he
that
may
dispense
with
the
reasons
,
wherevpon
pluralitie
of
benefices
is
forbidden
,
dooth
ground
as
absurd
a
reason
to
prooue
,
that
none
can
dispense
with
the
reasons
of
such
prohibition
,
as
that
is
an
vntrue
assertion
;
in
this
maner
:
None
can
alter
or
dispense
with
the
reasons
forbidding
pluralities
,
but
he
that
can
alter
or
dispense
with
the
law
of
nature
,
and
the
law
of
God
:
But
no
man
can
alter
or
dispense
An
absurd
reason
.
with
the
law
of
nature
or
with
the
law
of
God
:
Therfore
none
can
alter
or
dispense
with
the
reasons
forbidding
pluralities
.
Which
argument
I
was
content
a
little
to
helpe
,
and
to
frame
in
this
forme
,
though
he
had
made
it
much
woorse
,
and
in
diuerse
respects
contrarie
to
rules
of
Logike
.
For
he
did
put
a
part
of
the
Medium
in
the
conclusion
,
where
he
saith
,
Dispense
with
the
reasons
of
either
of
them
;
to
wit
,
the
law
of
nature
or
law
of
God
,
which
is
the
Medium
of
his
syllogisme
:
&
had
put
in
also
Quatuor
terminos
.
For
in
the
one
proposition
he
nameth
The
equitie
of
the
law
of
God
,
&
in
the
other
,
onlie
The
law
of
God
.
The
consecution
of
his
Maior
he
prooueth
hereby
,
Bicause
the
reasons
which
forbid
pluralities
are
taken
from
the
law
of
nature
,
and
the
equitie
of
the
law
of
God
.
The
one
part
of
his
Minor
,
that
No
man
can
alter
or
dispense
with
the
law
of
God
,
he
prooueth
by
this
,
Bicause
the
will
of
God
is
the
onelie
cause
of
the
law
of
God
,
and
his
onelie
will
the
rule
of
all
iustice
vnchangeablie
.
Now
concerning
the
forme
of
his
argument
,
it
is
verie
absurd
,
&
such
as
anie
child
of
ten
yéeres
old
being
in
the
Unsuersities
,
can
tell
him
to
be
Neither
in
mood
nor
figure
,
consisting
wholie
of
negatiue
propositions
,
and
therefore
dooth
no
more
follow
than
this
argument
;
No
man
is
without
sense
,
No
stone
is
a
man
,
Ergo
No
stone
is
without
sense
.
And
bicause
the
matter
of
this
reason
here
by
him
deliuered
,
is
one
of
his
chéefest
fortresses
and
bulworks
of
this
treatise
by
him
opposed
against
Pluralities
(
though
I
persuade
my selfe
,
neither
he
nor
anie
other
shall
euer
be
able
to
frame
a
sound
reason
vpon
these
termes
:
)
yet
it
shall
not
be
amisse
,
a
little
to
examine
also
the
pith
of
all
these
his
last
seuerall
assertions
,
which
he
taketh
as
vndoubted
truths
.
And
first
,
that
None
may
dispense
for
pluralities
,
but
such
as
may
also
dispense
with
the
reasons
that
doo
forbid
them
,
may
apparentlie
be
shewed
to
be
false
,
by
infinite
positiue
lawes
:
which
may
be
changed
,
abrogated
,
or
dispensed
with
,
though
the
reasons
wherevpon
they
were
grounded
,
be
not
subiect
to
such
alteration
or
qualification
,
but
onelie
then
declared
,
vpon
some
circumstances
necessarilie
weighed
,
to
cease
,
or
not
to
haue
place
in
such
especiall
cases
.
Naturaliter
obligamur
ad
antidora
,
we
are
euen
by
c.
§
consuluit
.
in
l.
sed
&
si
lege
.
25.
ff.
de
petit
.
haered
.
nature
bound
to
recompense
one
good
turne
with
another
.
[
](A19392-e109590-b)*
*
Xenoph.
li.
1.
Cyri.
Seneca
.
li.
3.
de
beneficijs
.
c.
6.
In
which
respect
amongst
the
Persians
and
Macedonians
,
there
laie
an
action
against
him
which
should
shew
himselfe
vnthankfull
.
Now
considering
that
amongst
vs
,
and
the
most
nations
in
the
world
besides
,
such
actions
haue
no
place
,
but
it
is
thought
most
conuenient
to
lcaue
it
to
the
verie
shamefastnesse
and
good
nature
of
him
that
hath
reaped
a
benefit
:
yet
it
may
not
therfore
be
said
,
that
we
haue
also
taken
awaie
the
generall
reason
,
wherevpon
this
law
of
the
Persians
was
grounded
,
being
the
verie
instinct
of
nature
.
[
](A19392-e109630-b)*
*
Herodot
.
li.
1
Amongst
the
Persians
it
was
holden
a
dishonest
thing
for
a
man
to
spit
;
bicause
it
argued
he
gaue
not
himselfe
to
actiuitie
and
laudable
exercise
of
the
bodie
.
But
we
may
not
herevpon
argue
,
that
amongst
vs
,
where
no
such
thing
is
noted
,
good
exercise
of
the
bodie
is
condemned
.
For
the
more
greeuous
punishment
of
droonkennesse
,
Pittacus
[
](A19392-e109660-b)*
*
Arist.
in
Polit.
one
of
the
seuen
wise
men
of
Greece
made
a
lawe
,
that
he
which
should
beat
any
man
being
droonken
,
should
be
much
more
gréeuouslie
punished
,
than
if
he
had
doone
so
being
sober
.
Yet
we
which
raise
not
the
damages
of
a
batterie
in
respect
of
the
droonkennesse
,
cannot
therefore
be
said
to
allow
or
to
dispense
with
droonkennesse
.
Also
for
a
notable
reason
drawne
from
the
law
of
nature
,
whereby
matrimonies
are
established
,
it
was
prouided
in
Greece
,
that
he
which
was
not
married
before
he
were
fiue
and
twentie
péeres
old
,
should
not
be
capable
of
any
inheritance
by
discent
.
In
the
like
respect
whereof
[
](A19392-e109690-b)*
*
Plato
.
a
diuine
philosopher
saith
,
that
God
would
haue
man
to
beget
man
,
that
thus
there
might
be
a
continuall
supplie
made
of
those
which
should
worship
him
.
Neuerthelesse
,
those
nations
which
in
matters
of
matrimonie
,
doo
yéeld
a
continuall
freedome
either
to
marrie
or
not
to
marrie
,
vpon
good
grounds
;
may
not
therfore
be
said
to
take
vpon
them
to
dispense
with
the
reason
of
such
lawes
,
as
séemed
heerein
more
néerelie
to
exact
that
which
the
law
of
nature
in
some
sort
dooth
require
.
It
is
most
agréeable
to
reason
,
to
haue
children
bred
vp
in
all
kind
of
good
learning
euen
in
their
tender
yéeres
:
yet
neuerthelesse
we
cannot
[
](A19392-e109700-b)*
*
Lagus
.
lib.
1.
condemne
Frederike
the
first
,
who
thrughout
all
Tuscia
did
forbid
,
that
in
inferior
schools
nothing
should
be
taught
but
Grammar
and
Musike
,
least
otherwise
the
tender
wits
should
be
ouerburdened
at
the
first
with
matters
of
too
great
weight
.
And
though
vpon
the
reason
and
ground
of
the
law
of
nature
,
yonger
sonnes
and
daughters
,
as
being
both
in
like
degrée
with
the
eldest
sonne
vnto
the
parents
,
and
more
vnable
than
he
to
prouide
for
themselues
,
are
to
succeed
their
father
in
lands
and
goods
by
the
course
of
the
ciuill
law
,
yet
reteined
in
Germanie
and
manie
other
places
,
&
sufficientlie
confirmed
by
that
reason
of
S.
Paule
,
which
we
must
néeds
allow
to
be
most
concludent
,
If
we
be
sons
then
are
we
heires
:
yet
may
not
the
course
of
the
common
law
of
England
,
giuing
by
discent
all
the
land
vnto
the
eldest
,
as
most
fit
for
the
entier
conseruation
of
the
familie
,
and
being
the
first
fruits
of
his
fathers
strength
,
be
accounted
to
impugne
or
dispense
with
the
reason
,
whervpon
the
other
course
is
grounded
:
but
onlie
to
be
receiued
as
more
fit
for
our
common-weale
,
and
therfore
agreeable
to
the
rule
of
iustice
as
well
as
the
other
.
There
is
no
man
can
dispense
that
it
may
be
lawfull
in
generall
,
that
a
man
need
not
paie
that
which
he
hath
borrowed
:
yet
particularlie
the
[
](A19392-e109760-b)*
*
ff.
de
S.
C.
Maccdo
ff.
de
mincribus
.
ciuill
law
hath
iustlie
decreed
,
that
the
said
reason
hath
no
place
in
such
,
which
being
in
their
nonage
,
or
being
vnder
gouernment
of
their
father
,
doo
borrow
monie
.
Also
[
](A19392-e109770-b)*
*
L.
patronus
ff.
de
re.
iudicata
.
the
patrone
,
or
maister
,
his
father
,
or
his
children
,
if
they
become
debtors
to
him
whom
he
hath
infranchised
and
made
free
,
they
cannot
by
such
a
freed
man
be
sued
to
paie
anie
more
of
such
debt
,
than
conuenientlie
they
may
paie
,
without
their
vtter
vndooing
.
It
were
infinite
to
set
downe
those
good
and
wholesome
lawes
,
which
being
setled
vpon
the
reasons
drawne
from
the
law
of
nature
,
are
neuerthelesse
vpon
due
consideration
of
circumstance
restrained
and
abridged
from
their
generall
force
,
in
women
,
yoong
men
,
old
men
,
soldiers
,
clearkes
,
scholers
,
husbandmen
,
artificers
,
and
such
like
;
which
all
to
diuerse
intents
doo
by
the
disposition
of
wholesome
lawes
,
enioie
priuileges
,
immunities
and
exemptions
:
and
[
](A19392-e109780-b)*
*
Vide
gl
.
in
§
sed
naturalia
instit
.
de
iure
naturali
.
yet
the
reasons
of
the
said
generall
lawes
are
thereby
neither
impugned
,
altered
,
dispensed
with
,
nor
released
.
Whereby
it
is
withall
verie
euident
,
that
this
reason
of
his
dooth
not
follow
:
Bicause
the
reasons
forbidding
pluralities
are
taken
from
the
law
of
nature
,
and
of
God
;
Therfore
no
man
can
dispense
with
the
said
reasons
,
but
he
that
may
dispense
with
those
two
laws
.
For
séeing
a
law
may
be
vpon
circumstances
dispensed
with
or
altered
,
whereof
the
generall
reason
or
ground
is
not
touched
:
whie
may
not
in
like
maner
the
reasons
against
pluralities
be
limited
and
restrained
,
though
that
law
,
wherevpon
those
reasons
be
grounded
,
be
no
waie
impeached
?
Which
reasons
against
pluralities
,
how
well
they
be
grounded
vpon
the
law
of
nature
,
shall
also
in
his
due
place
appeare
.
The
first
part
of
his
Minor
,
That
none
may
dispense
with
the
law
of
God
,
if
it
be
vnderstood
,
that
such
things
as
he
hath
perpetuallie
and
inuiolablie
commanded
to
be
obserued
,
no
man
may
by
any
authoritie
omit
;
nor
such
as
he
hath
likewise
forbidden
,
by
any
man
be
put
in
practise
:
it
is
verie
true
and
vndoubted
.
Yet
it
is
as
vndoubtedlie
true
on
the
other
side
,
that
manie
humane
actions
may
without
spot
of
impietie
varie
,
and
be
otherwise
ruled
and
directed
in
common-weales
,
than
is
reported
by
scripture
in
like
cases
to
haue
béene
obserued
.
For
[
](A19392-e109810-b)*
*
Matth.
19.
though
from
the
beginning
it
were
not
so
,
wherby
is
signified
,
that
it
swarued
from
the
integritie
of
the
law
of
God
,
and
puritie
of
nature
:
yet
did
Christ
partlie
excuse
the
dispensation
which
Moses
gaue
to
the
Israelits
for
putting
awaie
their
wiues
vpon
any
mislike
.
In
the
[
](A19392-e109840-b)*
*
Exod.
22.
law
of
God
,
theft
was
but
punished
with
restitution
of
two-fold
or
foure-fold
,
and
[
](A19392-e109850-b)*
*
Prouer.
6.
séemeth
to
be
much
qualified
,
as
not
being
so
heinous
a
sinne
in
respect
of
adulterie
:
yet
neuertheles
our
law
,
which
punisheth
the
one
by
death
,
and
the
other
too
mildlie
indéed
,
is
not
therefore
by
the
word
of
God
condemned
.
By
the
law
of
God
confirmed
againe
by
our
sauiour
Christ
,
all
matter
of
controuersie
was
[
](A19392-e109860-b)*
*
Deut.
17.
Iohn
.
8.
ordered
according
to
the
depositions
of
two
or
thrée
witnesses
:
notwithstanding
our
trialls
at
the
common
law
by
twelue
lawfull
men
,
being
like
to
Pedanei
iudices
in
the
ciuill
law
,
and
Pares
curiae
in
the
Feudall
law
,
not
alwaies
lead
by
two
witnesses
,
but
sometimes
by
one
,
and
sometimes
by
none
,
but
onelie
by
violent
presumptions
gathered
vpon
the
words
of
the
witnesses
,
are
both
tolerable
and
lawfull
.
Likewise
,
though
three
witnesses
at
the
ciuill
law
doo
directlie
depose
concerning
a
mans
testament
,
yet
if
no
more
were
present
,
the
testament
shall
be
ouerthrowne
,
and
that
with
good
conscience
,
where
that
law
hath
place
:
which
requireth
the
seales
of
the
testator
,
and
of
seauen
witnesses
.
The
like
may
be
said
of
our
inheritances
,
which
descend
onelie
to
the
eldest
in
bloud
,
though
the
aforesaid
reason
of
S.
Paule
being
sound
,
dooth
make
all
the
sonnes
heires
,
as
before
was
touched
.
Concerning
the
other
part
of
his
Minor
proposition
,
that
None
can
alter
or
dispense
with
the
law
of
nature
,
bicause
all
naturall
things
are
immutable
:
I
saie
first
,
that
by
this
vntrue
translation
of
All
naturall
things
,
in
steed
of
All
lawes
of
nature
,
he
hath
disaduantaged
greatlie
his
owne
cause
.
For
it
is
verie
notorious
,
that
not
onelie
all
naturall
things
,
euen
the
heauens
themselues
which
doo
were
old
as
dooth
a
garment
,
are
subiect
to
mutabilitie
;
but
euen
particular
nature
,
or
(
as
the
old
schoolemen
terme
it
)
Natura
naturata
is
inuerted
and
changed
by
manie
casualites
,
as
in
production
of
monsters
:
and
the
naturall
inclinations
of
manie
are
brideled
,
and
almost
wholie
subdued
by
good
education
,
ioined
with
the
grace
of
God
.
Euen
the
heathen
philosopher
Socrates
confessed
that
he
was
by
nature
blockish
and
lecherous
,
as
the
Physiognomer
had
coniectured
,
which
yet
he
had
altered
by
Philosophie
.
But
it
is
also
requisite
that
we
should
,
vpon
particular
discourse
of
sundrie
lawes
of
nature
,
consider
how
well
the
Abstractor
dooth
vnderstand
this
law
,
which
he
bringeth
,
to
prooue
the
vnchangeablenesse
of
the
law
of
nature
.
By
the
verie
first
law
of
nature
,
no
man
did
seeke
any
further
than
to
lead
a
priuate
life
,
thinking
it
sufficient
to
prouide
onelie
for
himselfe
,
his
wife
and
his
children
,
without
anie
care
or
thought
taking
,
for
anie
publike
or
common-weale
.
This
appeareth
by
[
](A19392-e109990-b)*
*
Aristot
.
li.
1.
Polit.
c.
1.
Aristotle
,
who
concludeth
the
first
and
simplest
societie
and
communitie
by
nature
,
within
the
straits
of
a
mans
owne
familie
.
Of
that
time
an
ancient
[
](A19392-e110010-b)*
*
Lucretiue
li.
5.
poet
speaking
,
saith
thus
:
Nec
commune
bonum
poterant
spectare
,
nec
vllis
Moribus
inter
se
scibant
nec
legibus
vti
,
Quod
cuique
obtulerat
praedae
fortuna
,
ferebat
Sponte
sua
,
sibi
quisque
valere
&
viuere
doctus
.
Whereof
the
wise
and
famous
poet
Homer
giueth
also
an
example
of
a
naturall
course
of
life
in
the
Cyclopes
,
where
[
](A19392-e110100-b)*
*
Odysi
.
9.
he
saith
(
as
he
is
translated
verie
well
:
)
Soli
habitant
:
nihilhos
aliena
negotia
tangunt
,
Vxori
tantùm
&
natis
,
ius
dicere
docti
.
Now
,
how
farre
we
,
and
almost
the
sauagest
Barbarians
that
liue
vpon
the
face
of
the
earth
,
are
altered
and
changed
from
this
solitarie
priuate
life
,
and
are
reduced
to
interteine
the
common-weale
and
publike
benefit
of
our
countrie
,
euen
with
hazard
and
losse
of
our
owne
life
,
and
of
all
that
is
otherwise
most
deare
vnto
vs
:
we
haue
experience
by
the
dailie
examples
of
valiant
resolute
men
,
and
of
good
subiects
in
all
ages
.
Which
kind
of
prodigalitie
,
and
profusion
(
if
I
may
so
terme
it
)
of
our
owne
bloud
,
and
incolumitie
in
regard
of
the
publike-weale
of
our
countrie
,
is
greatlie
differing
from
that
instict
,
whereby
euerie
man
is
naturallie
lead
by
all
meanes
possible
,
to
preserue
himselfe
from
all
bodilie
dangers
.
Likewise
the
naturall
bond
and
coniunction
of
man
and
[
](A19392-e110160-b)*
*
L.
1.
§.
ius
naturale
ff.
de
iustitia
.
woman
by
matrimonie
,
as
Vlpian
dooth
terme
it
,
hath
beene
subiect
to
changes
,
euen
by
the
[
](A19392-e110180-b)*
*
Matth.
19.
appointment
of
the
diuine
law-giuer
Moses
:
yea
,
and
moreouer
vpon
the
necessitie
of
the
circumstances
therein
considerable
(
least
that
vnkind
people
should
miserablie
torment
their
wiues
which
they
hated
)
is
not
condemned
simplie
in
Moses
by
our
sauiour
Christ
.
But
if
we
will
affirme
,
as
humane
writers
doo
teach
,
that
the
first
and
simplest
times
of
nature
had
no
certeine
mariages
,
nor
knew
no
children
in
certeintie
,
till
people
had
drawne
themselues
into
common
societies
one
with
another
;
and
with
Castrensis
,
that
the
coniunction
of
man
and
woman
is
of
the
law
of
nature
,
the
bond
of
matrimonie
with
one
certeine
woman
of
the
law
of
nations
,
and
the
solemnities
about
mariage
to
be
of
the
positiue
law
of
euerie
seuerall
commonweale
:
then
is
the
law
of
nature
herein
greatlie
(
though
iustlie
)
changed
and
restrained
by
the
prohibitions
of
marriage
in
certeine
degrées
of
affinitie
and
consanguinitie
first
set
[
](A19392-e110220-b)*
*
Leuit.
18.
downe
amongst
the
people
of
God
,
and
afterward
by
the
light
of
reason
,
amongst
most
nations
(
though
heathen
)
interteined
.
Yea
,
if
matrimonie
be
of
the
law
of
nature
,
then
is
the
naturall
libertie
thereof
verie
much
abridged
,
by
such
[
](A19392-e110230-b)*
*
Instit.
de
nuptiji
.
§
1.
wholesome
ciuill
lawes
,
which
make
it
otherwise
no
marriage
in
those
,
who
are
vnder
their
fathers
tuition
,
except
their
expresse
assent
be
first
obteined
therevnto
.
[
](A19392-e110240-b)*
*
Tull.
li.
2.
de
natura
deorum
.
l.
liberorum
.
220.
§.
vlt.
de
ver.
signific
.
Another
branch
of
the
law
of
nature
,
is
that
care
of
perpetuitie
which
is
ingraffed
in
man
:
which
bicause
it
cannot
be
atteined
vnto
in
himselfe
onlie
,
he
seeketh
it
naturallie
,
partlie
by
consecrating
vpon
due
desert
,
his
name
to
immortalitie
,
but
much
more
by
substituting
(
as
it
were
)
his
children
in
his
owne
place
:
which
may
florish
when
he
is
in
decaie
,
and
in
whome
he
may
séeme
being
dead
,
in
some
sort
as
it
were
to
liue
againe
.
And
yet
it
is
not
vnlawfull
,
no
not
in
termes
of
diuinitie
,
for
[
](A19392-e110250-b)a
a
Matth.
19.
1.
Cor.
7.
a
man
that
can
conteine
,
to
lead
a
sole
and
a
single
life
.
And
that
this
is
a
kind
of
naturall
expectation
in
parents
,
as
it
were
to
were
yoong
and
to
liue
againe
in
their
children
,
it
may
hereby
be
gathered
;
bicause
[
](A19392-e110260-b)b
b
L.
isti
quidem
§.
vlt.
ff.
quod
metus
causa
.
diuers
do
much
lesse
estéeme
their
owne
life
,
than
the
life
of
their
children
.
And
euen
as
by
the
disputation
of
philosophers
,
and
decision
of
lawyers
it
is
found
,
that
the
[
](A19392-e110270-b)c
c
Plutarc
.
in
Theseo
.
ship
wherein
Theseus
was
carried
into
Candie
to
subdue
the
monstrous
Minotaure
,
being
for
a
memoriall
of
that
act
,
so
long
kept
by
the
Atheniens
,
that
by
continuall
repairing
of
it
,
no
one
planke
or
péece
of
timber
was
left
,
which
it
had
in
the
time
of
Theseus
;
yet
was
[
](A19392-e110330-b)d
d
L.
proponebatur
ff.
de
iudicijs
.
to
be
accompted
the
same
ship
:
and
as
we
are
to
be
accompted
the
same
people
which
we
were
two
hundred
yeares
ago
,
though
no
one
of
that
age
doo
now
remaine
:
euen
so
by
the
continuall
succession
of
our
issue
one
after
another
,
we
séeme
to
be
often
borne
againe
,
and
thereby
to
enioy
a
kind
of
immortalitie
.
The
next
bud
of
the
law
of
nature
,
is
the
defense
&
education
of
our
children
,
both
bicause
of
their
weakenesse
,
which
is
such
,
that
if
we
should
but
denie
our
helpe
to
anie
other
(
though
far
more
strange
vnto
vs
than
they
are
)
being
in
like
case
,
we
should
breake
that
[
](A19392-e110340-b)e
e
Tull.
li.
3.
offic.
law
of
nature
,
which
commandeth
man
to
doo
good
to
man
,
euen
in
that
respect
that
he
is
a
man
:
and
also
bicause
they
are
a
part
of
our selues
,
to
the
propugnation
and
bringing
vp
of
whome
,
we
are
taught
by
the
liuelie
examples
euen
of
sundrie
dumbe
creatures
.
[
](A19392-e110350-b)f
f
Li.
3.
ca.
22.
Birdes
(
saith
Lactantius
)
almost
of
all
sorts
haue
a
kind
of
coupling
in
mariage
,
and
they
defend
their
nests
as
their
mariage
beds
;
they
loue
their
brood
whereof
they
are
certeine
:
and
if
ye
put
vnto
them
anie
other
than
their
owne
,
they
driue
them
awaie
.
Beasts
also
,
for
the
rearing
vp
of
their
yoong
,
will
abide
hunger
and
cold
:
and
will
not
be
afraid
to
endure
gréeuous
blowes
and
wounds
in
their
defense
,
So
that
where
Euripides
saith
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
[
](A19392-e110400-b)*
*
Philustrat
.
lib.
2.
c
cap.
●
.
Apollonius
dooth
iustlie
reprehend
him
,
in
that
he
should
haue
better
said
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
bicause
not
to
men
alone
,
but
to
all
other
liuing
creatures
,
their
issue
is
vnto
them
as
deare
as
their
owne
life
.
Neuerthelesse
,
we
see
by
dailie
experience
how
much
this
care
of
parents
ouer
their
children
,
not
without
good
reason
altereth
and
decaieth
,
when
the
children
are
of
that
strength
and
discretion
,
that
they
may
well
inough
prouide
for
themselues
.
In
which
respect
emancipation
of
children
being
growen
to
yeares
,
was
also
deuised
.
Another
part
of
the
law
of
nature
consisteth
partlie
in
the
repelling
of
danger
and
iniurie
from
vs
,
and
partlie
also
in
the
iust
reuenge
thereof
.
And
although
some
interpretors
of
the
ciuill
law
,
being
deceiued
by
the
order
set
downe
,
doo
attribute
the
repelling
of
force
to
the
law
of
nations
:
yet
[
](A19392-e110430-b)*
*
Dist.
2.
c.
ius
naturale
.
Gratian
directlie
dooth
make
it
of
the
law
of
nature
.
It
appeareth
so
to
be
by
that
which
[
](A19392-e110450-b)*
*
In
proëmio
.
lib.
7.
Plinie
saith
of
beasts
:
There
is
none
of
them
,
but
if
violence
be
offered
,
he
hath
anger
in
him
,
and
a
mind
impatient
of
iniurie
,
yea
and
a
great
forwardnesse
to
defend
himselfe
when
you
hurt
him
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
And
[
](A19392-e110490-b)*
*
Pro
Milone
.
Tullie
affirmeth
this
to
be
no
written
law
which
we
haue
learned
,
but
which
we
haue
drawne
euen
from
nature
it selfe
.
So
dooth
the
[
](A19392-e110510-b)*
*
L.
3.
vt
vins
ff.
de
iust
.
law
also
decide
this
matter
of
repelling
of
iniurie
and
defense
of
our selues
,
agreablie
to
that
which
[
](A19392-e110520-b)*
*
Lib.
1.
offic.
Tullie
(
elsewhere
)
to
the
same
purpose
noteth
.
Who
in
the
same
booke
likewise
affirmeth
,
that
it
is
a
chiefe
office
of
iustice
to
hurt
no
man
,
except
we
be
prouoked
first
by
iniuries
:
and
this
reuenge
of
iniuries
dependeth
also
and
is
strengthened
by
that
law
of
nature
,
which
willeth
vs
to
yeeld
to
euerie
man
that
which
is
his
owne
:
which
is
done
by
benefiting
the
good
,
and
punishing
the
bad
;
least
impunitie
should
entise
them
and
others
to
offend
.
And
that
this
is
naturall
,
we
may
gather
by
the
like
instinct
in
all
beasts
.
For
the
which
cause
[
](A19392-e110540-b)*
*
Plutarch
.
li.
de
profectu
morum
.
Brasidas
being
bitten
by
the
hand
with
a
mouse
,
did
obserue
this
,
that
there
was
no
beast
so
little
,
which
would
not
séeke
to
reuenge
himselfe
being
prouoked
:
in
which
[
](A19392-e110560-b)*
*
Lucreti
.
li.
5.
respect
it
is
said
:
Sentit
enim
vim
quisque
suam
,
qua
possit
abuti
.
Cornua
nata
priùs
vitulo
quàm
frontibus
extant
,
Illis
iratus
petit
,
atque
infensus
inurget
.
Yet
notwithstanding
,
vpon
iust
occasions
,
men
being
wearie
to
become
their
owne
reuengers
,
and
not
able
to
reteine
a
meane
in
reuengement
,
thought
it
best
at
last
to
runne
to
the
remedie
of
lawes
for
the
punishment
of
wrong
and
violence
,
as
that
poet
in
the
same
booke
testifieth
.
Vpon
which
occasion
,
though
the
lawes
doo
still
permit
(
according
to
the
first
law
of
nature
)
a
iust
defense
of
our selues
,
yet
doo
[
](A19392-e110620-b)*
*
L.
1.
C.
vnde
vi
.
they
inhibit
all
violence
offensiue
,
and
reuenge
of
iniurie
to
be
vsed
by
vs
:
for
the
which
cause
Baldus
calleth
that
moderation
of
defense
the
triacle
of
those
lawes
,
which
doo
permit
the
repelling
of
force
and
iniurie
,
with
the
like
.
Also
that
law
of
nature
concerning
the
succession
of
children
in
the
goods
and
lands
of
their
parents
,
being
reckoned
by
Gratian
,
and
reported
to
be
a
law
of
nature
in
sundrie
places
of
the
ciuill
lawes
,
is
no
lesse
than
the
rest
encountred
,
changed
,
and
abridged
vpon
diuerse
occasions
by
good
and
necessarie
positiue
lawes
of
seuerall
nations
.
By
the
[
](A19392-e110650-b)*
*
L.
verbis
legis
.
120.
ff.
de
ver.
signifi.
law
of
the
Twelue
rables
(
which
continued
for
manie
yeares
togither
)
the
fathers
(
without
any
cause
)
might
disinherit
their
children
.
In
England
it
is
prouided
,
that
the
inheritance
onelie
shall
discend
vnto
the
eloest
sonne
;
and
yet
may
the
father
also
by
sundrie
meanes
cut
off
all
his
children
and
kindred
from
the
inioyeng
of
his
lands
and
goods
,
if
he
be
so
hardlie
disposed
.
Yea
both
by
the
ciuill
law
and
common
law
,
if
the
father
doo
commit
treason
,
his
children
are
deuested
of
his
lands
,
and
by
the
one
of
them
made
vncapable
also
,
to
take
anie
lands
by
discent
from
another
.
Another
lawe
of
nature
,
which
is
reckoned
by
Gratian
,
is
,
the
common
dominion
of
all
goods
and
lands
,
without
anie
distinction
of
proprietie
to
this
or
that
man
:
by
reason
that
the
fruits
of
the
earth
in
that
searsitie
of
men
in
the
beginning
was
innough
,
and
more
than
sufficient
for
euerie
one
.
But
Gratian
seemeth
to
misname
the
matter
something
,
where
he
affirmeth
the
possession
of
things
then
to
haue
beene
common
.
Which
as
as
it
could
not
possibly
be
,
so
is
it
certeine
that
none
without
iniurie
and
breach
of
the
lawe
of
nature
,
might
inuade
the
possession
of
that
,
which
another
had
first
taken
vp
for
his
owne
vse
,
so
long
as
he
would
so
imploie
it
.
Except
we
will
with
Castrensis
extend
this
communitie
onelie
to
vnmooueables
,
as
land
;
and
not
to
mooueables
:
bicause
such
did
fall
to
his
share
onelie
,
which
first
did
occupie
them
,
as
he
is
of
opinion
.
Yet
not
long
after
,
and
euer
since
,
as
well
vpon
further
increase
of
people
in
the
world
,
as
for
the
auoiding
of
contention
,
and
for
some
punishment
of
such
as
otherwise
by
violence
would
haue
liued
idclie
vpon
other
mens
labours
:
it
was
thought
meet
by
generall
good
liking
of
all
nations
,
to
bound
out
the
dominions
of
euerie
man
in
seuerall
proprietie
:
which
course
,
all
the
ciuill
nations
in
the
world
at
this
daie
doo
inuiolablie
and
lawfullie
practise
,
notwithstanding
the
first
law
of
nature
were
to
the
contrarie
.
The
next
lawe
of
nature
to
these
,
is
,
[
](A19392-e110700-b)*
*
L.
manumisones
.
ff.
de
iustitia
.
that
libertie
and
freedome
,
wherein
we
are
all
borne
,
and
whereby
a
man
may
do
what
he
list
,
so
long
as
he
offendeth
not
.
In
which
[
](A19392-e110710-b)*
*
Iustit
.
de
iure
naturali
§.
ius
autens
gentium
.
respect
the
law
saith
,
that
bondage
and
seruitude
is
contrarie
to
the
right
and
lawe
of
nature
.
Neuerthelesse
it
is
verie
notorious
,
how
from
time
to
time
it
hath
beene
vsuall
,
to
keepe
such
in
bondage
for
their
punishment
,
who
either
themselues
,
or
whose
ancestors
had
béene
taken
in
warre
,
and
saued
from
death
,
the
danger
whereof
they
had
incurred
:
and
it
is
yet
amongst
all
nations
(
sauing
in
France
)
yea
euen
in
manie
places
of
England
lawfullie
reteined
,
without
any
disagreement
herein
from
good
christianitie
.
Yea
it
is
so
farre
off
from
iniustice
to
restraine
and
abridge
that
vnconsined
libertie
,
which
the
liberalitie
of
this
law
of
nature
had
endowed
vs
withall
,
that
it
was
more
than
necessarie
to
bridle
and
bound
it
within
the
lists
of
good
and
necessarie
lawes
and
ordinances
,
as
we
see
it
is
vsed
at
this
daie
in
all
well
gouerned
common-wealths
.
Another
of
those
,
which
Gratian
in
the
place
before
alledged
reporteth
to
be
of
the
law
of
nature
,
is
this
,
that
the
proprietie
and
free
vse
of
those
things
which
liue
in
the
aire
,
the
land
or
sea
,
ought
to
be
in
him
which
shall
happen
to
take
them
.
Yet
now
we
[
](A19392-e110740-b)*
*
14.
Hen.
8.
1.
Trespas
.
see
,
that
it
is
not
lawfull
for
vs
to
take
the
wild
foules
,
which
bréed
in
the
reserued
trées
,
though
growing
vpon
that
ground
whereof
we
are
leassees
and
farmers
for
the
time
.
Also
it
is
not
lawfull
for
me
to
take
such
wild
deare
,
as
are
found
within
mine
owne
land
,
being
by
due
course
of
law
once
afforressed
by
the
Queene
.
Againe
,
the
sturgions
,
whales
,
seales
,
&
other
fishes
royall
belong
not
by
law
vnto
the
taker
of
them
,
but
vnto
the
Queene
by
hir
Highnesse
prerogatiue
.
Moreouer
Tullie
saith
thus
,
If
we
will
[
](A19392-e110790-b)*
*
Paradox
.
4.
weigh
things
by
the
weights
of
nature
,
and
exact
them
according
to
that
rule
of
generall
iustice
,
then
those
shall
as
much
be
blamed
that
doo
but
in
mind
,
as
those
which
doo
in
act
offend
.
Yet
the
[
](A19392-e110810-b)*
*
L.
cogitati
.
ff.
de
paenis
.
law
decideth
,
that
no
man
is
to
be
punished
for
thought
onelie
:
and
that
an
endeuour
shall
not
hurt
a
man
,
when
the
matter
attempted
did
not
sort
to
any
intended
effect
,
except
it
be
in
those
facts
,
which
be
most
enormious
and
hainous
crimes
.
Another
law
of
nature
there
is
,
which
bindeth
vs
to
kéepe
touch
in
all
contracts
and
compacts
,
as
to
[
](A19392-e110820-b)*
*
Dist.
1.
c.
8.
ius
naturale
.
restore
those
things
which
of
trust
are
recommended
vnto
our
custodie
,
and
such
like
.
Which
is
grounded
vpon
these
rules
of
nature
,
That
we
may
hurt
no
man
,
That
we
must
giue
to
euerie
man
his
owne
,
That
nothing
is
more
agreeable
to
naturall
equitie
,
than
to
keepe
touch
and
performe
what
we
promise
,
and
That
we
[
](A19392-e110840-b)*
*
L.
nam
hoc
natura
ff.
de
cond.
indeb
.
cug●t
not
to
be
inriched
with
another
mans
detriment
.
Which
second
rule
[
](A19392-e110860-b)*
*
In.
l.
1.
ff.
de
pactis
.
Accursius
maketh
to
be
also
a
bond
of
naturall
equitie
,
though
in
that
respect
he
be
(
in
mine
opinion
)
not
iustlie
reprehended
by
Castrensis
and
Iason
.
Yet
it
is
easie
to
consider
,
how
diuerslie
the
laws
of
sundrie
nations
haue
altered
and
changed
these
rules
and
lawes
of
nature
.
For
besides
that
both
by
the
Ciuill
,
and
the
law
of
this
land
,
a
bare
compact
or
promise
dooth
giue
none
action
,
bicause
no
man
is
hurt
by
such
breach
of
promise
:
the
said
lawes
doo
also
suffer
without
punishment
,
that
in
contracts
men
may
fréelie
one
circumuent
&
go
beyond
another
:
but
the
Ciuill
law
restraineth
it
thus
,
so
that
he
be
not
deceiued
about
halfe
in
halfe
in
the
price
.
In
which
respect
[
](A19392-e110920-b)*
*
Seneca
li.
2.
de
ira
.
cap.
27.
&
seq.
Seneca
wiselie
saith
:
Who
is
he
,
which
professeth
himselfe
innocent
of
all
breach
of
lawes
?
Yet
if
it
were
so
,
what
a
slender
integritie
is
this
,
to
be
onelie
good
according
to
lawe
?
For
how
much
more
is
the
rule
of
required
duties
larger
than
the
rules
of
lawe
?
How
manie
more
things
dooth
pietie
,
humanitie
,
liberalitie
,
iustice
,
and
good
meaning
require
of
vs
,
which
are
out
of
the
publike
tables
of
law
?
Naie
,
we
cannot
possiblie
conforme
our selues
to
that
most
exact
rule
of
innocencie
.
For
we
haue
doone
,
we
haue
thought
,
we
haue
wished
,
we
haue
fauoured
matters
differing
from
it
:
and
we
are
perhaps
innocent
in
some
things
,
onelie
bicause
it
hath
not
fallen
out
according
to
our
desire
.
Also
by
our
owne
law
these
rules
of
the
right
Doctor
and
student
.
cap.
51.
of
nature
are
manifoldlie
crossed
and
altered
.
As
if
a
man
kill
another
with
my
sword
,
I
shall
léese
my
sword
.
If
my
horsse
straie
awaie
,
and
I
doo
not
heare
of
the
proclamations
,
whereby
I
may
challenge
him
,
I
shall
leese
him
without
any
default
of
mine
after
a
yeare
and
a
daie
.
If
my
ship
make
wrecke
within
a
little
of
the
land
,
and
all
liuing
things
there
in
perish
,
though
within
thrée
houres
after
by
the
ebbing
of
the
sea
,
all
my
goods
may
be
come
by
vpon
the
drie
land
;
yet
I
shall
léese
them
,
and
they
are
all
come
to
the
hands
of
the
Queene
,
or
of
hir
Nighnes
patentées
:
which
in
shew
seemeth
not
onlie
contrarie
to
the
said
rules
of
[
](A19392-e110960-b)a
a
C.
de
naufrag
.
l.
1.
lib.
11.
nature
and
rcason
,
but
also
to
these
principles
,
That
a
man
ought
not
to
ad
affliction
to
the
afflicted
,
nor
punish
a
man
doublie
,
though
it
were
for
an
offense
,
nor
to
take
awaie
that
which
is
a
mans
owne
without
either
fact
or
fault
of
his
.
Therfore
vpon
the
premisses
we
may
conclude
,
that
the
Positiue
lawes
of
sundrie
nations
doo
not
onelie
take
awaie
and
abridge
the
permission
and
fréedome
,
and
thereby
change
the
law
of
[
](A19392-e110990-b)b
b
Arist.
lib.
5.
Ethic.
cap.
7.
nature
in
those
things
which
of
themselues
conteine
no
difference
of
right
or
wrong
,
before
they
be
commanded
(
as
to
go
ouer
the
wals
of
Rome
;
)
but
also
that
in
manie
other
points
the
said
law
of
nature
is
partlie
released
and
inlarged
,
partlie
abridged
and
restreined
,
and
partlie
also
changed
and
abrogated
.
For
the
[
](A19392-e111010-b)c
c
Lius
ciuile
ff.
de
iustitia
.
law
saith
thus
,
The
ciuill
or
positiue
law
is
that
,
which
neither
wholie
dooth
receed
from
the
law
of
nature
or
of
nations
,
nor
yet
dooth
wholie
follow
it
:
therfore
when
we
ad
or
take
from
common
right
,
then
we
make
a
peculiar
or
ciuil
law
.
To
our
authors
allegation
(
which
is
now
euident
how
well
he
vnderstood
it
)
touching
The
vnchangablenes
of
the
law
[
](A19392-e111040-b)d
d
Gl.
in
verbo
.
sed
naturalia
.
instit
.
de
iure
naturali
.
of
nature
,
the
glosse
thervpon
answereth
,
That
the
said
paragraph
speaketh
of
the
law
of
nations
,
as
may
appeare
by
those
words
,
Quae
apud
omnes
gentes
:
&
supra
.
eod.
§
.
quòd
verò
naturalis
.
Yet
he
saith
,
It
may
be
vnderstood
of
the
primarie
law
of
nature
,
from
which
the
lawes
that
seeme
contrarie
,
doo
not
derogate
,
though
it
be
not
obserued
in
those
cases
.
For
notwithstanding
this
,
the
law
of
nature
remaineth
good
and
equall
.
To
the
like
effect
dooth
[
](A19392-e111080-b)e
e
In
dict.
§.
Angelus
answer
,
The
law
of
nature
in
it selfe
considered
is
alwaies
good
and
equall
,
and
in
Abstracto
is
vniformelie
in
force
,
but
in
Concreto
it
may
be
changed
in
some
point
.
Which
confirmeth
that
disputation
afore
had
,
that
a
thing
may
be
altered
or
dispensed
withall
,
whose
reason
is
no
waie
In
abstracto
thereby
impeached
.
Another
dooth
answer
to
these
things
in
another
manner
,
saieng
,
That
those
things
which
are
of
necessitie
of
nature
are
not
changed
,
but
such
as
be
by
presumption
in
nature
,
as
fiercenesse
in
a
lion
,
gentlenesse
and
humanitie
in
a
man
,
may
be
changed
.
A
fourth
man
verie
well
learned
dooth
reconcile
the
matter
thus
:
That
the
law
of
nature
cannot
by
positiue
ciuill
law
be
broken
with
that
violence
,
which
the
law
of
nations
and
positiue
lawes
doo
iudge
worthie
of
punishment
:
as
by
making
it
lawfull
,
that
one
might
hurt
another
either
in
déed
or
word
.
Yet
in
my
poore
conceit
none
of
these
doo
sufficientlie
touch
the
point
of
the
meaning
of
that
rule
,
nor
reconcile
and
meet
with
all
the
Instancies
which
haue
beene
&
might
be
brought
to
the
contrarie
.
Which
hath
giuen
occasion
to
some
)
whom
[
](A19392-e111170-b)a
a
Li.
5.
Ethic.
cap.
7.
Aristotle
in
that
respect
confuteth
)
to
thinke
,
that
there
was
no
right
in
deed
or
law
of
nature
at
all
,
but
onelie
in
opinion
:
bicause
they
did
see
naturall
things
to
be
among
all
nations
alike
;
as
,
for
fire
euerie
where
to
burne
:
but
they
perceiued
,
lawes
were
not
in
all
places
vniforme
.
In
whose
discourse
against
them
,
vpon
those
words
where
he
saith
,
Truelie
amongst
vs
,
some
of
those
lawes
,
that
be
naturallie
ingraffed
,
are
changeable
,
though
not
all
of
them
,
I
doo
gather
for
this
purpose
two
kinds
of
the
lawes
of
nature
:
one
consisting
in
the
distinction
of
right
and
iust
things
from
those
which
are
not
right
but
vniust
which
is
called
A
law
euerlasting
and
vnchangeable
:
the
other
is
that
which
is
occupied
and
referred
to
the
vtilitie
and
commoditie
of
men
,
which
vpon
circumstances
of
times
,
persons
and
places
,
without
anie
derogation
to
nature
,
may
be
altered
and
changed
,
as
shall
be
thought
expedient
.
The
first
respecteth
an
holie
and
vpright
,
the
other
a
commodious
life
in
vs
.
And
out
of
the
first
doo
flow
those
three
naturall
[
](A19392-e111210-b)b
b
L.
iustitia
.
10.
ff.
de
iustitia
&
iure
.
precepts
,
which
without
iniustice
can
not
be
broken
,
To
liue
honestlie
,
to
hurt
no
man
,
and
to
giue
euerie
man
his
owne
,
deriued
all
from
those
heauenlie
sincere
rules
of
righteousnesse
,
Whatsoeuer
you
would
that
men
should
doo
vnto
you
,
that
doo
you
vnto
them
:
and
doo
not
that
to
another
man
,
which
you
woulde
not
haue
him
to
doo
to
you
.
Which
distination
and
reconciliation
,
though
of
all
the
other
afore
it
seeme
to
me
most
apt
,
yet
the
instancies
of
the
deodand
,
of
the
straie
Superannated
,
&
of
the
wrccke
vpon
the
sea
brought
out
of
our
common
lawes
,
and
the
prescription
and
vse-winning
after
a
certcine
time
of
anie
moucable
thing
from
the
right
owner
by
continuance
of
possession
established
by
the
Ciuill
law
,
doo
seeme
to
me
not
onelie
to
change
and
alter
,
but
plainelie
to
thwart
and
contrarie
euen
that
chiefe
law
of
nature
,
consisting
in
the
distinction
of
right
and
equitie
:
and
so
dooth
the
[
](A19392-e111280-b)a
a
L.
nam
hoc
natura
.
ff.
de
cond.
indeb
.
law
it selfe
affirme
of
the
last
of
these
.
Yet
I
know
there
is
varietie
of
iudgements
[
](A19392-e111290-b)b
b
Gl.
in
c.
ius
naturale
dist.
1.
Bald.
in
L.
ancill
.
C.
de
furto
.
Azo
.
in
summa
C.
pro
empto
.
Angel
.
&
Alex.
in
L.
possessio
.
ff.
de
acquiren
.
possess
.
amongst
interpretors
,
not
onelie
whether
it
be
against
the
law
of
nature
,
or
[
](A19392-e111300-b)c
c
Ioan.
Andr.
Anch.
Francus
in
c.
possessor
.
de
regul.
iuris
.
onelie
besides
the
equitie
of
it
;
but
also
whether
the
[
](A19392-e111310-b)d
d
Ioan.
Andr.
ibidem
.
contra
Cagnol
.
in
l.
iure
nature
.
ff.
de
reg.
iuris
.
common
opinion
of
writers
be
the
one
way
or
the
other
.
So
that
the
safest
answer
,
and
wherevpon
generallie
we
may
best
relie
,
is
this
,
that
there
is
a
kind
of
Subalternation
(
as
the
Logicians
doo
terme
it
)
among
the
lawes
of
nature
,
whereby
the
superior
and
more
generall
may
encounter
and
preuaile
against
the
more
particular
and
inferior
law
of
nature
.
And
therefore
this
being
the
generall
voice
of
nature
confirmed
by
the
word
of
God
,
That
we
are
to
obey
the
law
of
our
countrie
,
where
we
dwell
,
prouided
for
the
weale
of
the
people
in
publike
,
[
](A19392-e111350-b)e
e
L.
vlt.
§.
vlt.
C.
de
caducis
tollendis
.
L.
ita
vulneratus
.
ff.
ad
leg
.
Aquiliam
.
(
though
perhaps
against
the
profit
and
also
right
of
some
priuat
men
)
according
to
that
,
Salus
populi
,
suprema
lex
esto
,
(
so
that
in
the
meane
time
they
be
not
contrarie
to
Gods
euerlasting
will
reuealed
in
the
written
word
,
)
we
may
vpon
this
ground
lawfullie
allow
both
of
these
,
and
of
other
lawes
of
like
sort
:
how
far
soeuer
they
seeme
vnto
some
,
to
swarue
from
the
law
of
nature
in
some
respect
,
though
in
other
regard
,
they
stand
grounded
vpon
diuerse
sound
reasons
,
deriued
euen
from
the
said
founteine
of
nature
,
yet
peraduenture
not
so
neerely
and
immediatlie
as
those
doo
,
which
sound
vnto
the
contrarie
,
Neither
is
this
to
be
thought
strange
to
men
of
skill
&
vnderstanding
,
that
two
viuerse
principles
of
the
law
of
nature
,
and
of
nations
may
be
trulie
drawen
to
establish
contrarie
things
.
Hauing
thus
shewed
(
besides
the
absurd
forme
of
that
syllogisme
,
which
is
gathered
vpon
his
discourse
in
this
Section
,
and
consisting
all
of
Nagatiues
)
the
wants
also
and
vntruths
of
both
the
propositions
therof
Ex
super
abundanti
;
I
will
now
more
brieflie
examine
the
two
other
syllogismes
,
which
he
hath
annexed
therevnto
.
It
is
euident
(
I
hope
)
by
that
which
hath
beene
spoken
,
that
the
Maior
of
his
first
reason
is
vnture
,
where
,
vpon
the
perpetuitie
of
a
cause
or
reason
of
any
prohibition
,
he
would
ground
a
necessarie
continuance
of
that
which
is
thervpon
established
.
The
Minor
thereof
is
also
vntrue
,
and
to
be
examined
in
particular
,
when
he
commeth
to
the
proofe
of
it
.
Also
,
That
euerie
law
grounded
vpon
the
reason
of
nature
,
and
the
equitie
of
the
law
of
God
is
immutable
,
being
his
Maior
of
his
second
syllogisme
,
he
would
prooue
by
that
which
hath
beene
examined
afore
;
to
wit
,
That
all
naturall
things
are
immutable
.
Which
neither
is
of
it selfe
absolutelic
true
,
but
with
that
vnderstanding
which
I
haue
shewed
;
neither
dooth
the
other
follow
of
it
,
if
this
were
simplie
to
be
granted
,
by
any
coherence
of
reason
.
For
the
ground-worke
,
and
that
which
giueth
strength
to
a
thing
,
may
be
sure
and
vnchangeable
,
when
as
yet
that
which
is
built
therevpon
may
be
vnsure
and
subiect
to
mufabilities
.
Else
we
must
needs
establish
a
perpetuitie
in
all
good
lawes
of
man
without
any
alteration
,
vpon
what
occasion
soeuer
,
seeing
they
all
(
though
many
waies
diuerse
among
themselues
)
doo
take
their
foundation
and
reason
from
the
immutable
equitie
of
the
law
of
God
.
His
Minor
of
his
latter
reason
,
when
he
commeth
to
prooue
it
,
shall
likewise
receiue
(
God
willing
)
an
answer
.
8.
Section
.
Pag.
116
,
117.
IN
the
verie
first
front
of
this
Section
,
wherein
he
vndertaketh
the
answer
to
the
fallacies
(
as
he
calleth
them
)
afore
spoken
of
,
he
assumeth
by
his
old
warrant
dormant
,
to
take
without
proofe
as
granted
(
which
is
verie
vntrue
and
neuer
can
be
proued
)
That
pluralities
are
prohibited
by
the
law
of
nature
and
by
the
law
of
God
:
and
so
vpon
this
his
owne
liberall
vealing
with
himself
,
without
any
further
proofe
in
this
place
,
he
denieth
the
Minor
by
him
in
waie
of
obiection
set
downe
:
which
assumeth
Pluralities
to
be
forbidden
by
the
law
of
man
alone
.
So
that
if
vpon
the
examination
and
ouerthrow
of
his
proofes
brought
to
the
contrarie
,
it
may
hereafter
appeare
,
that
none
other
law
besides
the
law
of
man
dooth
forbid
them
;
then
will
it
follow
by
his
owne
grant
of
the
Minor
,
which
is
,
Whatsoeuer
is
prohibited
by
the
law
of
man
alone
,
by
the
same
law
may
be
licenced
againe
,
that
dispensations
for
mo
benefices
may
be
granted
lawfullie
:
being
the
verie
contradictorie
of
his
chiefe
position
of
this
discourse
.
Where
it
is
not
also
to
be
forgotten
,
that
the
said
Maior
,
which
here
he
suffereth
to
passe
Inconstancie
.
without
veniall
,
he
venied
(
though
foolishlie
)
afore
,
when
he
said
,
The
said
consequence
was
vnnecessarie
and
sophisticall
.
Pag.
213.
in
fine
.
The
rest
of
this
Section
brought
for
proofe
,
that
Dispensations
for
pluralities
doo
ratifie
monstruous
things
&
against
nature
,
(
Which
is
the
Minor
of
his
second
syloogisme
)
he
proueth
principallie
hereby
,
bicause
the
law
against
pluralities
is
the
law
of
nature
and
of
God
,
being
the
Minor
as
yet
to
be
proued
of
his
former
syllogisme
.
Which
is
the
most
childish
kind
of
Circuition
,
&
begging
that
which
Childish
fallacie
.
is
in
controuersie
,
that
euer
I
haue
heard
the
most
foolish
wrangling
cauiller
or
Sophister
at
anie
time
vse
in
schooles
,
which
wanted
matter
,
and
yet
was
to
speake
Ad
clepsydram
,
and
to
talke
out
his
taske
.
But
if
the
lawe
be
monstrous
,
what
dooth
he
make
,
or
how
dutifullie
dooth
he
speake
of
those
which
passed
and
confirmed
that
act
?
The
proofe
which
in
hand
,
that
Priuileges
and
dispensations
are
bestowed
,
where
some
generall
lawe
is
to
the
contrarie
,
is
wholie
needlesse
.
Yet
the
first
is
wrong
quoted
,
bicause
he
alledgeth
a
Chapter
in
steed
of
the
glosse
vpon
the
Rubrike
:
and
the
second
is
not
found
at
all
whither
he
sendeth
vs
,
though
by
waie
of
argument
it
may
be
gathered
out
of
that
place
.
9.
Section
.
Pag.
118
,
119
,
120.
THat
which
he
brought
a
little
before
,
to
teach
another
to
go
,
is
here
in
be
taught
how
to
stand
alone
it selfe
.
For
he
would
prooue
,
bicause
The
reasons
of
the
prohibition
of
pluralities
are
taken
and
drawne
from
the
lawe
of
nature
,
and
from
the
lawe
of
God
,
therefore
pluralities
are
forbidden
by
the
lawe
of
nature
and
by
the
law
of
God
.
Which
consecution
though
it
hang
togither
by
no
knot
of
reason
,
yet
is
it
left
by
him
without
further
helpe
,
and
by
none
other
meanes
approoued
vnto
vs
,
but
bicause
he
himselfe
made
it
.
But
if
euerie
thing
were
to
be
said
,
either
commanded
or
forbidden
by
the
law
of
nature
and
of
God
,
which
hath
for
a
reason
and
cause
,
whether
néere
or
farre
off
,
mediate
or
immediate
,
either
the
one
or
the
other
:
then
should
all
good
and
wholsome
Positiue
lawes
of
euerie
nation
vnder
heauen
,
(
all
which
doo
issue
primarilie
from
these
sourses
and
fountaines
)
come
vnder
this
rule
,
both
to
be
vnchangeable
,
neither
to
be
dispensed
withall
vpon
any
circumstance
whatsoeuer
,
according
to
his
owne
collection
:
and
also
the
lawes
of
nature
and
of
God
should
be
found
to
be
diuerse
and
repugnant
to
themselues
in
seuerall
nations
,
and
in
some
points
also
contrarie
one
to
another
:
which
is
absurd
and
execrable
once
to
be
imagined
:
and
therefore
that
absu●d
and
erronious
,
where
vpon
this
is
gathered
.
For
as
sundrie
and
different
Positiue
lawes
may
be
drawne
from
one
principle
of
the
law
of
nature
,
or
of
the
law
of
nations
,
(
called
The
secondarie
law
of
nature
)
according
to
the
lesse
or
greater
proportion
and
measure
of
the
influence
of
it
into
them
,
and
yet
all
of
them
tolerable
,
and
to
be
obeied
by
those
,
vnto
whom
respectiuelie
they
doo
apperteine
:
so
,
much
more
(
no
doubt
)
may
repugnant
Positiue
lawes
be
grounded
and
established
vpon
seuerall
Principles
and
Maximes
of
the
law
of
nature
.
As
may
be
seene
by
the
inher
it
ance
vpon
discent
after
the
order
of
Common
law
to
the
eldest
,
by
Borough-english
to
the
yoongest
,
and
by
Gauel-kind
to
all
sonnes
alike
.
Likewise
by
the
losse
of
lands
in
the
sonne
for
the
fathers
treason
,
by
the
course
of
the
Common
lawe
,
though
the
lands
holden
in
Gauel-kind
cannot
be
so
forfeited
.
None
of
which
lawes
(
though
contrarie
one
to
another
)
but
they
haue
both
good
and
sound
reasons
,
drawne
from
the
lawe
of
God
and
of
nature
,
wherevpon
they
are
setled
:
and
also
may
both
lawfullie
be
reteined
,
and
vpon
iust
occasion
in
like
maner
be
abrogated
or
reuersed
.
Out
of
the
Ciuill
law
this
may
serue
for
an
example
hereof
,
that
although
by
reason
it
may
séeme
,
that
any
thing
is
fullie
prooued
by
two
or
thrée
witnesses
aboue
all
exceptions
:
yet
vpon
another
reason
,
which
is
for
the
auoiding
of
all
corrupt
dealing
in
Testaments
,
being
the
last
wish
of
the
Testator
,
(
and
therefore
most
carefullie
to
be
prouided
for
)
it
is
by
that
law
decided
,
that
no
ordinarie
Testament
shall
be
effectuall
,
which
is
not
signed
with
the
Testators
,
and
with
seauen
,
or
in
some
cases
,
at
the
least
with
fiue
witnesses
hands
and
seales
.
The
reason
of
taking
oths
in
iudgement
is
drawne
from
an
ill
cause
,
euen
that
corruption
of
nature
wherevnto
we
are
inclined
(
without
some
strict
bond
to
the
contrarie
)
to
deliuer
vntruthes
,
and
to
supplant
our
neighbours
.
Yet
the
oth
is
a
part
of
the
seruice
of
God
,
and
necessarilie
in
all
iudgements
reteined
for
deciding
of
controuersies
betwixt
man
and
man
.
The
reason
and
principall
ground
of
forbidding
women
to
procure
and
sollicite
their
freends
causes
being
absent
,
in
iudgement
,
was
the
vnshamefast
importunitie
of
one
Calphurnia
:
yet
we
may
not
hereof
gather
,
that
all
women
,
which
are
likewise
forbidden
and
debarred
from
appearing
as
attorneis
for
other
,
to
be
of
like
disposition
vnto
hir
.
And
if
lawes
,
grounded
vpon
reasons
and
principles
of
the
law
of
nature
and
of
nations
,
were
thereby
(
as
the
Abstractor
here
gathereth
)
to
be
accompted
of
the
like
condition
with
the
verie
primarie
lawes
of
nature
and
of
nations
themselues
:
then
could
it
not
fall
out
,
that
there
might
be
diuerse
principles
and
reasons
of
lawes
about
one
matter
,
tending
to
contrarie
ends
:
which
yet
happeneth
three
maner
of
waies
.
First
,
when
of
diuerse
principles
and
reasons
some
one
,
amongst
the
rest
,
notoriouslie
beareth
the
swaie
.
Therefore
,
though
the
fréedome
of
man
from
bondage
and
thraldome
of
slauerie
,
be
manie
waies
fauoured
in
all
good
lawes
,
as
most
agreeable
vnto
the
lawe
of
nature
,
whereby
we
all
are
frée-borne
:
yet
for
auoiding
of
iniustice
and
iniurie
among
men
,
it
is
prouided
,
that
a
debtor
maie
not
infranthise
and
manumit
his
villaines
,
if
thereby
his
creditors
shall
not
find
Assetz
for
their
satisfaction
.
And
the
like
to
this
is
obserued
,
when
as
manie
or
more
weightie
reasons
do
swaie
one
waie
,
against
fewer
or
meaner
reasons
of
the
other
side
.
Secondarilie
,
this
happeneth
,
when
as
one
reason
and
principle
is
so
counterpeised
with
another
to
the
contrarie
,
that
it
cannot
well
be
decided
,
whether
of
them
ought
to
be
of
more
moment
.
As
when
it
was
doubted
,
whether
in
fauour
of
libertie
it
were
better
to
permit
a
yoong
man
,
alreadie
come
to
his
owne
guiding
,
to
manumit
his
bondmen
;
or
else
to
bind
him
from
it
,
till
he
should
atteine
the
setled
ripenesse
of
xxv
.
yeares
of
age
,
required
to
other
his
alienations
.
It
was
by
Iustinian
prouided
,
Feriendo
medium
,
bicause
of
inconuentences
that
appeared
on
both
sides
,
that
he
might
manumit
them
at
the
going
into
the
xviij
.
yeare
of
his
age
.
And
this
equalitie
&
indifferencie
of
principles
differing
as
it
were
euenlie
among
themselues
,
is
that
which
bréedeth
such
great
diuersitie
of
iudgements
,
and
so
manie
controuersed
opinions
in
law
both
In
schooles
and
consistories
;
when
men
in
pondeting
and
waieng
of
them
are
distracted
into
diuerse
opinions
thereabouts
.
Whereof
rightlie
to
determine
,
is
in
truth
the
cheefest
point
of
maturitie
and
discretion
that
may
be
wished
,
or
can
be
had
in
a
notable
iudge
.
And
yet
herein
it
offentimes
commeth
to
passe
,
that
in
respect
of
right
and
iustice
,
it
is
not
greatlie
materiall
,
whether
the
one
reason
or
the
other
be
allowed
;
bicause
in
regard
of
sundrie
circumstances
,
reasons
,
and
motions
of
a
mans
mind
,
the
selfe-same
thing
may
be
diuerse
waies
,
if
not
well
determined
of
,
yet
at
the
least
not
vniustlie
:
which
bicause
vnskilfull
men
doo
not
vnderstand
,
thinking
that
vpon
euerie
externall
transmutation
of
anie
matter
,
the
inward
propertie
thereof
is
changed
,
and
haue
not
learned
to
conceiue
,
that
as
in
the
sea
it
is
not
requisite
,
nor
skilleth
greatlie
to
haue
all
men
saile
iust
in
one
line
,
which
go
for
one
hauen
or
port
:
they
doo
therefore
make
great
stirre
about
nothing
,
as
some
huge
volumes
of
law
(
for
want
of
consideration
hereof
vainelie
written
)
may
testifie
.
Thirdlie
when
as
the
weight
of
these
contrarie
principles
,
about
a
matter
,
are
neither
such
,
that
one
of
them
may
farre
surmount
the
other
;
nor
yet
of
such
equalitie
,
but
that
the
one
shall
something
rebate
and
diminish
the
force
of
the
other
:
whereby
,
that
which
directlie
cannot
be
brought
to
passe
,
is
by
some
circuition
otherwise
effected
.
As
although
no
law
of
nature
be
to
the
contrarie
,
but
I
may
freelie
marrie
hi●
which
was
betrothed
onelie
in
mariage
vnto
my
brother
,
without
solemnization
or
carnall
knowledge
;
yet
is
this
(
in
regard
of
a
kind
of
externall
publike
honestie
)
not
permitted
by
law
positiue
.
And
though
reason
would
that
a
man
should
not
be
damnified
by
anie
contract
,
wherevnto
he
is
inueigled
by
guile
and
mal-engine
,
neuertheles
it
is
thought
necessarie
,
that
he
should
first
by
sentence
haue
his
intire
restitution
vnto
that
condition
,
which
he
was
in
before
his
circumention
.
And
further
,
vpon
due
consideration
of
circumstances
,
euen
the
principles
and
reasons
that
be
generall
,
doo
often
yeeld
and
giue
place
to
those
which
be
but
singular
,
ordinarie
to
extraordinarie
,
internall
to
externall
;
yea
,
and
naturall
to
such
as
be
but
ciuill
and
positiue
,
though
by
ordinarie
course
it
be
cleane
contrarie
.
Which
due
pondering
of
circumstances
is
of
such
force
,
that
it
interpreteth
offentimes
the
generalitie
of
some
lawes
of
God
,
and
declareth
in
some
especiall
cases
the
reasons
of
them
to
cease
,
though
they
themselues
in
generalitie
or
in
Abstracto
(
as
others
do
speake
)
are
immutable
.
For
though
the
law
of
God
be
generall
,
that
he
which
sheddeth
mans
blood
,
his
blood
shall
be
shed
by
man
;
&
that
we
should
doo
no
murther
:
yet
is
not
the
magistrate
or
executioner
of
iustice
vpon
malefactors
,
nor
they
which
in
their
owne
iust
and
necessarie
defense
,
or
by
chance-medlie
and
misaduenture
doo
happen
to
kill
another
,
guiltie
of
the
breach
hereof
,
or
to
be
punished
with
penaltie
of
death
.
And
therefore
vpon
these
and
such
like
circumstances
,
God
himselfe
did
dispense
with
their
life
,
and
appointed
vnto
them
certeine
cities
of
refuge
,
as
sanctuaries
to
flie
vnto
for
their
safegard
.
So
did
he
by
Moses
his
seruant
dispense
for
the
hardnes
of
their
harts
with
the
law
of
th●indissoluble
knot
of
mariage
.
And
though
by
the
law
of
God
and
of
nations
,
all
contrectation
of
another
mans
goods
without
the
owners
consent
be
theft
:
yet
is
this
matter
so
qualified
and
abridged
(
not
vnlawfullie
)
with
vs
in
England
,
that
an
apprentice
or
seruant
,
which
carieth
and
imbezeleth
awaie
his
maisters
goods
and
wares
remaining
in
his
custodie
,
and
vnder
a
certeine
value
,
shall
not
be
holden
as
a
theefe
,
or
punished
as
a
fellon
.
And
it
is
euident
,
that
exceptions
doo
abridge
and
limit
the
generalitie
of
rules
,
the
common
law
of
the
land
dooth
restraine
and
interpret
the
Maximes
in
that
law
,
and
the
statutes
and
acts
of
parlement
doo
cut
off
the
common
law
.
But
let
vs
passe
from
those
things
,
which
in
generalitie
being
forbidden
,
haue
yet
their
exceptions
,
and
vpon
the
concurrence
of
some
circumstances
,
are
exempted
from
the
reasons
and
generalitie
of
such
lawes
.
Touching
his
Antecedent
,
which
is
;
that
The
reasons
of
prohibiting
pluralities
,
are
drawne
from
the
law
of
nature
and
of
God
:
which
hereby
he
prooueth
,
bicause
they
were
forbidden
For
auoiding
of
couetousnesse
,
ambition
,
theft
,
murther
of
soules
,
dissolution
,
and
for
reteining
of
comlinesse
and
decencie
in
the
church
,
it
hath
béene
partlie
spoken
vnto
,
in
the
beginning
of
the
examination
of
this
treatise
.
Further
,
it
is
to
be
remembred
,
that
if
these
inconueniences
doo
but
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
for
the
most
part
follow
the
enioyeng
of
mo
benefices
by
one
man
;
or
be
but
Causae
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
impulsiue
vnto
that
prohibition
for
the
surer
auoiding
of
such
danger
:
then
cannot
anie
sound
reason
be
grounded
vpon
them
,
to
prohibit
mo
benefices
to
be
reteined
by
one
man
:
both
bicause
a
good
man
may
vse
that
thing
well
,
which
might
be
an
occasion
of
sliding
vnto
some
other
,
not
so
well
staied
:
and
also
,
for
that
the
law
may
remaine
,
where
the
impulsiue
cause
thereof
ceaseth
;
and
of
the
contrarie
such
cause
may
be
of
force
,
when
the
law
is
abrogated
.
But
if
he
will
make
them
necessarie
&
actuall
effects
,
arising
as
of
a
formall
or
efficient
cause
,
from
the
reteining
of
mo
benefices
,
and
presume
necessarilie
that
all
these
must
needs
possesse
him
that
inioyeth
them
:
then
should
this
fall
out
to
be
so
,
either
by
reason
of
the
quantitie
of
the
stipend
&
liuelihood
arising
of
them
,
by
the
quantitie
of
ground
and
content
of
both
the
parishes
,
by
the
number
of
the
parishioners
of
both
,
or
by
the
diuiding
of
the
auditorie
,
whome
at
seuerall
times
the
minister
is
to
instruct
.
If
the
quantitie
of
the
liuing
and
reuenue
doo
so
necessarilie
inf●ct
a
man
with
these
vices
and
enormities
;
then
should
he
haue
set
downe
what
ought
to
be
the
iust
measure
and
standard
of
euerie
ministers
yéerelie
reuenue
,
which
he
may
not
come
short
of
,
least
he
want
sufficiencie
of
maintenance
:
nor
anie
waie
passe
or
exceed
,
least
he
fall
of
necessitie
into
these
damnable
vices
.
But
if
there
be
such
a
tax
,
what
may
be
said
then
of
such
,
as
albeit
they
haue
two
benefices
,
are
yet
far
vnder
a
mediocritie
:
and
which
if
they
might
haue
six
mo
,
of
such
liuings
as
they
haue
,
should
not
yet
reach
vnto
the
value
of
some
one
benefice
?
Shall
we
saie
,
he
which
hath
but
one
such
great
one
,
is
free
from
this
danger
;
and
he
which
hath
two
,
though
neuer
so
little
ones
,
shall
be
caught
with
ambition
for
aspiring
to
such
an
high
honor
,
and
be
touched
with
couetousnes
by
the
great
temptation
of
such
notable
reuenues
,
as
peraduenture
will
not
make
his
pot
séeth
twise
in
a
weeke
?
Naie
if
these
sins
must
necessarilie
take
hold
of
him
,
that
hath
euen
two
of
the
fattest
in
England
,
by
reason
of
the
quantitie
of
the
reuenue
of
them
:
and
if
the
rest
of
his
reasons
be
also
in
this
point
good
and
effectuall
,
then
shall
the
like
stint
of
liuing
,
in
all
men
,
as
well
laie
as
ecclesiasticall
,
be
simplie
condemned
,
as
being
against
the
law
of
God
and
of
nature
,
for
feare
of
necessarie
staining
of
them
with
ambition
,
couetousnes
,
theft
,
murder
,
dissolutenesse
,
&
breach
of
order
.
But
if
the
quantitie
of
ground
,
or
number
of
the
parishioners
to
be
instructed
be
the
efficient
or
formall
cause
of
producing
necessarilie
such
foule
effects
:
then
should
he
likewise
haue
cast
out
his
modell
of
ground
,
and
proportion
of
euerie
flocke
,
which
may
not
be
exceeded
:
and
should
haue
shewed
vs
,
how
farre
the
large
parishes
which
we
haue
in
sundrie
places
,
ought
to
be
shred
off
,
lopped
,
pared
,
and
therby
reduced
to
the
Comelines
and
decencie
which
he
fansieth
.
And
also
how
this
deuise
may
stand
with
theirs
and
his
owne
platforme
,
which
would
haue
diuerse
parishes
vnited
into
one
.
And
likewise
,
why
one
may
not
haue
two
parishes
by
the
name
of
two
,
as
some
(
by
law
therevnto
allowed
)
haue
at
this
time
:
as
well
as
by
the
new
guise
and
deuise
,
to
allow
the
same
man
three
or
foure
parishes
in
déed
,
but
vnited
together
and
called
but
one
.
For
the
Abstractor
maketh
no
difference
in
this
treatise
,
whether
the
benefices
doo
ioine
together
,
or
be
disioined
by
anie
distance
,
for
he
indefinitlie
dooth
condemne
the
hauing
of
mo
benefices
than
one
,
howsoeuer
they
be
situat
.
And
herevpon
it
would
follow
that
it
is
more
méet
,
that
all
the
parishioners
(
though
in
the
foule
and
short
daies
of
winter
,
how
old
and
crasie
soeuer
they
be
)
of
thrée
or
foure
parishes
,
as
they
be
now
distinguished
,
should
take
the
paines
to
assemble
themsolues
into
one
place
to
heare
their
minister
,
rather
than
he
should
come
vnto
them
,
and
teach
them
at
home
in
their
parish
churches
,
as
they
now
doo
lie
in
seueraltie
.
But
if
the
diuiding
of
his
auditorie
,
and
teaching
them
at
sundrie
times
,
be
the
verie
efficient
or
formall
cause
of
this
heape
of
enormities
,
and
the
onelie
thing
which
misliketh
him
:
then
truelie
(
besides
that
it
can
not
be
proued
or
yet
imagined
,
how
the
diuision
of
a
mans
auditorie
should
make
the
minister
guiltie
of
such
crimes
)
he
must
also
likewise
condemne
those
which
doo
teach
and
instruct
seuerall
families
at
home
and
apart
,
from
the
rest
of
the
bodie
of
that
congregation
.
Also
we
must
hereby
disallow
all
chappels
of
ease
whersoeuer
,
some
of
which
(
as
I
haue
crediblie
heard
)
are
in
some
places
6.
7.
or
eight
miles
distant
from
their
parish
church
.
And
by
the
like
reason
,
if
all
diuiding
of
a
mans
auditorie
be
so
vnlawfull
,
it
will
follow
that
the
minister
is
much
to
be
blamed
,
which
teacheth
not
all
his
parish
at
one
time
,
though
in
deed
necessarie
occasions
of
businesse
falling
out
doo
draw
sometimes
one
,
and
sometimes
another
into
other
places
abroad
,
and
doo
deteine
those
which
be
seruants
verie
often
at
home
,
whereby
it
is
not
possible
to
teach
them
all
at
once
.
And
therefore
we
may
conclude
safelie
,
that
the
hauing
of
mo
benefices
dooth
not
formallie
or
efficientlie
infer
anie
of
those
faults
which
the
Abstractor
,
by
the
misvnderstanding
of
the
canon
law
,
would
needs
inforce
:
and
that
therevpon
the
Antecedent
of
his
reason
is
to
be
denied
.
And
yet
further
,
these
reasons
taken
(
as
he
saith
)
from
the
law
of
God
,
whervpon
the
prohibition
of
pluralities
is
grounded
,
and
those
second
causes
of
one
mans
enioieng
the
stipends
of
many
,
of
his
vnabilitie
to
discharge
manie
charges
,
of
the
hinderance
of
other
from
dooing
good
in
the
church
,
being
causes
(
as
he
affirmeth
vntrulie
)
of
nature
,
are
not
simplie
and
absolutelie
alledged
by
the
law
(
as
may
appeare
by
the
discourse
afore
)
as
things
incident
to
any
enioieng
of
mo
benefices
:
but
onelie
then
,
when
as
the
partie
which
so
reteineth
them
,
is
not
qualified
sufficientlic
,
nor
dispensed
with
therevnto
,
according
as
law
requireth
.
And
therefore
his
collection
is
a
fond
Paralogisme
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
by
taking
that
as
simplie
and
indistinctlie
spoken
,
which
is
limited
and
restreined
onelie
vnto
certeine
offenders
of
law
in
that
behalfe
.
And
he
might
with
as
great
probabilitie
gather
,
bicause
coining
is
by
law
forbidden
as
high
treason
,
that
those
who
by
authoritie
are
therevnto
appointed
,
doo
breake
that
law
.
Or
bicause
such
who
seise
into
their
hands
fellons
goods
,
or
wreckes
happening
in
their
lordships
,
are
vniust
men
,
and
punishable
for
taking
that
,
which
belongeth
onelie
to
hir
Maiestie
:
that
those
therefore
are
also
wrong-dooers
,
who
enioy
the
same
by
speciall
grant
or
priuilege
from
hir
Highnesse
or
hir
predecessors
,
in
reward
of
theirs
or
their
predecessors
good
seruice
.
But
the
Abstractor
in
effect
here
confesseth
,
that
all
these
great
crimes
in
the
canon
law
,
were
but
obiected
against
such
as
reteined
mo
Benefices
without
dispensation
:
and
therfore
by
the
perfection
that
is
required
in
vs
,
he
would
threap
kindnesse
of
vs
,
that
for
vs
to
enioy
more
than
one
benefice
by
dispensation
,
is
To
defend
all
those
horrible
sins
and
impieties
as
tolerable
by
dispensation
.
In
which
respect
he
asketh
vainelie
,
whether
A
dispensation
from
a
Pope
,
or
an
Archbishop
,
can
make
theft
no
theft
?
&c.
Wherein
though
it
please
him
to
ioine
(
in
the
poisoned
cankerdnesse
of
his
malicious
stomach
)
the
pope
and
the
Archbishop
together
,
who
is
(
I
dare
sate
)
as
far
(
and
that
is
far
inough
)
from
poperie
,
as
the
pope
himselfe
,
either
yet
the
Abstractor
are
from
christian
modestie
and
charitie
.
Yet
if
he
had
but
common
sense
(
which
now
is
drowned
in
malice
)
he
might
haue
remembred
,
that
a
dispensation
dooth
not
make
a
thing
which
is
simplie
vnlawfull
,
to
be
thereby
lawfull
;
but
declareth
the
rigor
of
some
generall
positiue
law
weied
with
all
particular
circumstances
,
and
the
reason
thereof
vpon
especiall
grounds
(
considerable
in
that
case
and
at
that
time
)
to
cease
,
or
else
worthie
to
be
released
,
and
to
leese
his
force
,
as
being
in
such
a
case
without
the
meaning
of
the
law
.
And
yet
it
is
shewed
afore
,
that
the
enormities
which
he
speaketh
of
,
are
not
by
law
attributed
to
the
hauing
of
mo
benefices
simplie
,
but
when
they
are
enioted
contrarie
to
law
:
nor
euen
then
as
effects
necessarilie
proceeding
from
pluralities
,
as
from
an
efficient
or
formall
cause
,
but
as
faults
which
may
be
presumed
to
possesse
those
men
,
which
will
be
their
owne
caruers
and
iudges
,
for
the
inuading
of
manie
benefices
,
without
authoritie
.
Yea
,
and
if
dispensation
for
pluralitie
were
such
,
as
being
strictlie
so
called
,
dooth
release
the
rigor
and
extremitie
of
the
law
positiue
vpon
fauor
onlie
,
and
not
for
iust
causes
or
equitie
:
yet
might
the
[
](A19392-e112190-b)*
*
Arg.
l.
sed
e●s●
lege
§.
contulit
ff.
de
petit
.
haered
.
l.
1.
§.
&
magis
.
verb.
prodeg
.
ff.
si
quid
in
fraud
.
pat.
l.
quia
autem
§.
1.
ff
quae
in
fraudem
cred.
iuncta
.
l.
1.
ff.
de
constit
.
princip.
prince
,
or
those
to
whom
the
law
hath
committed
such
full
authoritie
,
as
in
diuerse
cases
besides
,
with
a
good
conscience
dispense
in
it
,
euen
as
well
as
they
may
giue
away
their
owne
goods
,
seeing
this
law
is
vndoubtedlie
meerelie
positiue
.
Like
as
the
prince
may
without
offense
to
God
,
pardon
(
after
the
fault
committed
)
the
life
of
a
traitor
or
fellon
vpon
méere
grace
and
bountie
,
bicause
the
penaltie
discendeth
from
law
positiue
,
though
he
can
not
dispense
without
sinne
to
God
,
that
in
time
to
come
,
a
man
may
commit
treason
or
fellonie
,
bicause
they
are
forbidden
by
the
law
of
God
.
And
such
pardon
he
may
lawfullie
grant
(
euen
without
anie
cause
)
to
one
,
and
denie
to
another
,
as
fréelie
as
he
may
create
knights
,
endenize
,
[
](A19392-e112200-b)*
*
ff.
&
C.
de
natal
.
restit
.
&
in
Auth.
quibus
modi●
natur
.
efficiantur●
legitimi
.
legitimate
,
and
restore
to
blood
whom
he
thinketh
good
,
and
refuse
to
impart
the
like
grace
and
fauor
to
other
.
And
this
,
if
it
be
for
a
matter
past
,
is
by
some
termed
an
Indulgence
or
pardon
;
if
for
a
benefit
to
come
,
a
Dispensation
;
&
for
a
present
plesure
or
gratification
,
is
called
a
Priuilege
.
There
may
be
also
good
reason
of
granting
these
,
when
as
for
some
considerations
it
is
profitable
to
grant
such
exemptions
,
besides
the
generall
ordinarie
course
and
reason
of
the
law
.
For
it
may
so
fall
out
,
that
the
sauing
of
some
condenmed
mans
life
,
or
granting
of
some
immunitie
,
may
no
lesse
benefit
the
common-weale
than
to
keepe
a
rigorous
hand
vpon
the
obseruation
of
the
strict
points
of
the
generall
law
may
doo
harme
.
For
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
must
be
seasoned
and
swéetened
with
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
the
exact
rigor
of
law
must
sometimes
be
moderated
with
with
least
it
degenerat
into
inturie
and
tyrannie
.
For
it
is
sure
that
as
no
generall
rule
or
definition
can
be
giuen
in
law
,
which
in
application
to
particular
matters
,
shall
not
faile
and
be
limited
with
his
exceptions
:
so
can
there
no
generall
rule
of
right
or
law
be
framed
,
which
in
application
to
all
times
,
places
&
persons
(
whom
it
may
concerne
)
shall
not
necessarilie
require
some
priuileges
,
exemptions
,
dispensations
,
and
immunities
,
either
in
regard
of
their
excellencie
&
well
deseruing
;
or
in
respect
of
their
imbecillitie
&
weakenes
,
or
some
such
like
circumstance
or
other
.
In
which
respect
we
are
also
taught
by
Aristotle
,
and
other
wise
philosophers
&
Politicians
,
that
in
all
lawes
&
administration
of
iustice
;
we
are
partlie
to
obserue
proportion
Arythmeticall
,
consisting
in
recompensing
an
equall
thing
with
his
equall
,
which
is
a
rule
in
trades
,
negotiation
&
traffike
betwixt
man
&
man
:
&
partlie
the
proportion
Geometricall
,
which
is
conuersant
in
distribution
of
honors
or
rewards
,
&
in
inflicting
of
punishments
,
and
therfore
yeeldeth
foorth
an
inequalitie
in
both
,
according
as
the
persons
deserts
are
different
and
vnequall
.
Whereby
also
we
sée
a
common
soldiors
reward
to
be
lesse
than
the
Lieutenants
or
Generals
,
&
a
Noblemans
death
not
to
be
so
rigorouslic
executed
,
as
the
common
sort
iustlie
are
put
vnto
.
And
this
strict
and
proper
acception
of
a
dispensation
,
which
is
by
releasing
and
exempting
of
a
man
vpon
fauor
,
clemencie
,
or
mercie
onelie
,
from
the
seueritie
of
the
law
,
the
bond
thereof
still
remaining
,
is
called
A
dispensation
of
grace
,
and
may
vpon
méere
bountie
of
him
that
is
so
authorised
,
be
granted
to
some
,
and
denied
to
other
some
,
as
it
shall
please
him
(
euen
without
further
cause
)
so
long
as
the
law
is
but
méere
positiue
.
But
it
hath
no
place
at
all
in
the
first
[
](A19392-e112290-b)a
a
Dist.
5.
in
princip.
§.
&
naturalia
.
iust
.
de
iure
n●tur
.
principles
of
the
law
of
nature
,
nor
in
the
commandements
of
the
Decalog
,
necessarilie
and
immediatlie
[
](A19392-e112300-b)b
b
Rom.
1.
deriued
from
the
rules
of
the
light
of
nature
.
Which
thing
bicause
the
pope
most
insolentlie
tooke
vpon
him
to
doo
,
he
is
therefore
iustlie
by
all
which
doo
aright
feare
God
,
abhorred
as
Antichrist
,
which
in
the
Luciferian
pride
of
his
hart
,
hath
hereby
climed
into
the
throne
of
God
,
and
dooth
arrogate
to
himselfe
to
loose
the
consciences
of
those
whom
God
hath
tied
by
his
law
,
and
to
bind
that
(
as
by
a
diuine
law
)
which
God
himselfe
hath
set
at
libertie
,
which
[
](A19392-e112320-b)c
c
Bernard
.
li.
3.
de
considerat
.
ad
Eugenium
.
Bernard
calleth
a
dissipation
rather
than
a
dispensation
.
Which
dispensations
of
his
,
though
some
schoolemen
,
and
of
our
late
more
manerlie
papists
doo
otherwise
qualifie
in
words
,
and
partlie
denie
such
matters
which
he
hath
dispensed
with
,
to
be
of
the
law
of
nature
,
when
as
neuerthelesse
no
colour
can
be
laied
,
but
that
they
are
of
the
prohibitiue
morall
law
of
God
:
yet
his
parasites
the
canonists
,
who
both
knew
his
mind
,
and
his
practise
herein
sufficientlie
well
,
and
were
neuer
(
that
I
could
read
)
found
fault
with
for
their
ouer
broad
speeches
about
this
matter
,
doo
fullie
declare
what
blasphemous
authoritie
he
challenged
.
They
saie
that
the
law
[
](A19392-e112340-b)d
d
Abb.
ca.
fin
.
Ext.
de
consuetud
.
of
nature
vpon
cause
may
be
taken
awaie
:
[
](A19392-e112350-b)e
e
Abb.
c.
non
est
Ext.
de
voto
.
that
the
pope
vpon
cause
may
dispense
with
the
law
of
God
;
&
[
](A19392-e112360-b)f
f
Lud.
Goza
.
cons.
51.
Ignorance
of
the
Abstractor
.
that
the
dispensing
with
the
law
of
God
is
proper
to
the
Bishop
of
Rome
.
Yet
the
Abstractor
sheweth
here
his
great
skill
,
when
he
pretendeth
that
the
canonists
&
popes
chapleins
doo
attribute
vnto
him
authoritie
to
dispense
in
such
matters
,
by
reason
of
Merum
imperium
,
a
souereigne
&
supreme
power
in
him
,
which
indeed
is
nothing
but
Ius
gladij
,
the
power
ouer
the
life
of
men
,
which
the
ordinances
of
France
doo
call
Haute
iustice
.
There
is
another
kind
of
Dispensation
called
of
Iustice
:
which
is
,
when
vpon
some
especiall
circumstances
,
the
reason
and
rigor
of
the
generall
law
is
by
him
which
hath
authoritie
,
declared
in
some
case
to
cease
,
and
the
strictnesse
of
the
words
of
the
law
therein
not
to
bind
or
to
haue
place
,
and
that
for
auoiding
of
iniurie
and
inconuenience
.
And
this
is
also
an
allaie
of
extremitie
of
law
by
an
equitie
,
which
afore
I
spake
of
,
and
which
the
magistrate
in
iustice
cannot
denie
;
and
is
in
that
respect
called
A
dispensation
of
iustice
,
as
it
were
an
interpretation
or
declaration
of
the
true
meaning
of
the
law
Iuxta
aequum
&
bonum
.
For
a
[
](A19392-e112470-b)g
g
Thom.
2.
2.
q.
88.
art.
10.
lawe
is
established
with
regard
to
that
which
for
the
most
part
is
good
:
and
bicause
it
happeneth
in
some
cases
not
to
be
good
,
it
was
méet
there
should
be
some
to
declare
and
determine
,
that
in
such
a
case
it
was
not
of
necessitie
to
be
kept
.
Likewise
in
this
sense
of
dispensation
,
the
same
author
as
he
is
[
](A19392-e112480-b)h
h
Dom.
Sotus
de
iust
.
&
iure
.
li.
1.
q.
7.
art.
3.
alledged
,
dooth
define
that
it
is
,
Commensuratio
communis
ad
singula
,
an
admesurement
or
attemperance
of
a
generall
vnto
his
particular
or
singular
circumstances
,
or
as
some
doo
read
it
,
an
attemperance
of
reason
.
For
he
rightlie
may
be
said
[
](A19392-e112510-b)l
l
L
sin
.
C.
de
legib.
c.
cum
venissent
.
Ext.
de
iudicijs
.
to
interpret
law
,
which
declareth
whether
the
matter
in
hand
is
included
in
the
said
law
or
no.
An
example
hereof
,
where
Gods
law
is
in
this
sort
interpreted
and
declared
not
to
haue
place
,
euen
by
the
positiue
lawes
of
men
,
may
be
taken
from
the
commandement
of
God
,
that
we
shall
no●
kill
:
which
is
truelie
declared
not
to
haue
[
](A19392-e112520-b)k
k
L.
vt
vim
.
ff.
de
iust
.
&
iure
.
place
,
where
in
necessarie
defense
of
our selues
,
we
are
driuen
to
kill
,
rather
than
be
killed
vniustlie
.
In
the
lawe
of
nature
,
the
generall
and
most
vsuall
reason
requireth
,
that
vpon
request
made
,
I
should
redeliuer
that
which
in
trust
you
haue
recommended
to
my
custodie
:
yet
some
most
iust
reasons
and
considerations
may
[
](A19392-e112530-b)l
l
L.
bona
fides
ff
depositi
.
Plato
li.
1.
Polit.
fall
out
,
why
this
should
be
denied
at
some
time
.
And
therefore
[
](A19392-e112540-b)*
*
Offic.
li.
3.
Tullie
speaking
hereof
saith
,
that
Manie
things
which
naturallie
are
honest
,
vpon
some
occasions
are
vnhonest
.
In
most
countries
they
haue
a
positiue
law
,
that
a
man
should
not
carrie
out
of
the
realme
any
monie
,
armour
,
or
weapons
:
yet
such
occasions
&
vrgent
causes
may
happen
,
that
in
iustice
a
man
may
not
be
denied
to
doo
this
,
whom
the
prince
will
haue
to
trauell
into
some
dangerous
countrie
.
And
of
this
sort
of
dispensations
(
or
declarations
of
the
meaning
of
law
)
or
mixt
of
them
both
,
are
all
such
,
which
the
Archbishop
of
Canturburie
by
act
of
parlement
is
authorized
to
passe
,
as
may
appeare
,
in
that
he
is
limited
onlie
to
those
dispensations
,
which
be
not
against
the
word
of
God
or
lawes
of
the
land
,
and
for
the
most
part
also
to
those
which
vsuallie
haue
bene
granted
:
and
in
that
,
the
qualities
of
the
persons
also
,
to
whom
in
some
cases
he
is
to
grant
it
,
are
expressed
:
and
lastlie
,
bicause
if
he
doo
denie
to
dispense
with
him
which
is
qualified
therevnto
,
and
hath
need
of
a
dispensation
,
without
a
sufficient
cause
,
and
doo
so
persist
;
this
authoritie
may
be
deriued
by
that
act
of
parlement
vnto
others
.
So
that
we
sée
,
in
effect
he
is
onlie
made
a
iudge
herein
,
to
examine
and
wey
the
inward
qualities
and
sufficiencie
of
the
suter
for
the
dispensation
,
whom
if
he
find
fit
,
and
a
good
cause
in
equitie
to
warrant
it
,
he
cannot
in
iustice
put
him
off
,
but
must
grant
the
dispensation
vnto
him
.
And
that
none
of
such
dispensations
,
faculties
,
or
immunities
,
which
are
vsuallie
passed
according
to
law
by
the
Archbishop
of
Canturburie
,
are
of
that
sort
,
which
be
either
by
the
law
of
God
forbidden
,
or
yet
such
as
may
not
haue
a
necessarie
vse
,
so
that
without
manie
inconueniences
they
cannot
wholie
be
abolished
,
may
appeare
to
the
wise
,
who
can
consider
of
their
seuerall
vses
vpon
rehearsall
onelie
of
them
:
and
shall
be
defended
(
God
willing
)
by
learning
and
sound
reason
so
to
be
,
against
the
other
sort
,
which
are
factuoustie
bent
against
them
.
As
a
benefice
In
commendam
to
a
Bishop
,
who
hath
a
slender
maintenance
by
his
Bishoprike
,
a
trialitie
for
a
prebend
or
dignitie
,
being
no
cure
of
soules
by
statute
with
two
benefices
hauing
cure
of
soules
;
or
a
pluralitie
for
two
such
benefices
,
to
such
as
excell
the
common
sort
in
Gods
good
gifts
.
For
take
awaie
inequalitie
or
reward
,
and
no
place
will
be
lest
to
indeuour
for
any
excellencie
in
learning
of
one
aboue
another
,
in
verie
short
time
.
A
legitimation
of
him
to
be
preferred
to
holie
o●ders
,
who
was
borne
out
of
lawfull
matrimonie
,
or
before
espousals
;
or
for
a
man
to
succeed
his
father
in
a
benefice
,
either
in
respect
of
the
great
and
excellent
gifts
in
them
,
or
vpon
some
other
weightie
considerations
.
A
dispensation
for
one
aboue
eightéene
,
and
not
xxiij
.
to
reteine
a
prebend
being
without
cure
of
soules
,
though
he
cannot
be
assumed
to
be
a
deacon
.
A
dispensation
for
some
notable
man
emploied
in
hir
Maiesties
seruice
at
home
or
abroad
,
to
reteine
for
his
better
maintenance
,
a
dignitie
ecclesiasticall
,
or
a
prebend
of
like
nature
,
without
his
residence
in
that
church
,
or
entring
into
orders
,
which
is
not
fit
to
be
made
generall
to
all
,
which
haue
not
like
occasions
.
The
dispensation
for
non
residence
is
verie
sildome
or
neuer
granted
:
yet
the
recouerie
of
a
mans
health
,
mortall
enmitie
of
some
in
his
parish
against
him
,
emploiment
in
some
necessarie
scruice
or
publike
calling
,
being
of
as
great
or
greatèr
vtilitie
to
the
church
and
common-wealth
,
may
be
sufficient
inducements
in
equitie
to
grant
it
,
for
a
time
.
The
dispensation
of
Perinde
valere
may
haue
a
necessarie
vse
,
where
no
right
is
growne
to
another
person
,
for
a
man
that
hath
incurred
ecclesiasticall
censures
,
or
is
made
vncapable
by
law
,
●ither
to
reteine
or
receine
an
ecclesiasticall
benefice
,
as
by
misaduenture
occasioning
the
death
of
a
man
,
violating
the
interdiction
,
suspension
,
or
excommunication
of
the
church
vnaduisedlie
,
or
by
succéeding
his
father
in
a
benefice
,
and
such
like
a
number
.
In
like
maner
manie
necessarie
occasions
may
happen
,
whie
a
man
should
be
licènced
to
be
ordeined
at
some
other
Bishops
hands
,
than
where
he
either
dwelleth
or
was
borne
,
or
to
be
ordered
deacon
and
minister
both
at
one
time
,
or
to
solemnize
matrimonie
,
though
the
banes
haue
not
béene
thrise
publikelie
asked
in
the
church
,
or
to
eat
flesh
on
daies
appointed
by
politike
constitutions
for
fish
daies
,
or
to
abolish
the
infamie
or
irregularitie
of
some
profitable
man
in
the
church
,
growne
by
law
against
him
,
vpon
ignorance
,
simplicitie
,
or
want
of
due
consideration
,
without
wilfull
contempt
.
Besides
this
,
the
statute
of
25.
H.
8.
dooth
not
alone
endow
the
Archbishop
with
dispensing
,
but
to
grant
rescripts
in
diuerse
néedfull
cases
:
namelie
,
for
creation
of
publike
notaries
,
and
to
grant
tuitories
for
the
lawfull
and
indifferent
hearing
of
such
,
as
are
by
iniurie
(
vpon
some
great
displeasure
conceiued
)
too
rigorouslie
and
violentlie
handled
and
sought
,
by
an
inferiour
Ordinarie
.
But
it
may
perhaps
be
said
,
that
if
to
ground
such
a
Dispensation
of
iustice
,
a
iust
cause
be
required
;
then
the
reason
of
the
lawe
in
that
case
ceaseth
,
and
thereby
,
the
law
also
ceaseth
therein
,
so
that
a
dispensation
is
not
néedfull
.
To
which
I
answer
,
that
albeit
the
reason
of
the
law
doo
cease
and
take
no
place
in
that
particular
action
,
yet
in
so
much
that
the
reason
ceaseth
not
in
generall
,
nor
in
most
vsuall
actions
,
[
](A19392-e112630-b)*
*
Cle.
ad
nostr.
de
heret
.
c.
&
si
Christus
,
Ext.
de
iureiurando
.
therefore
the
lawe
cannot
be
said
to
cease
,
but
must
haue
some
(
for
auoiding
of
inconuenience
)
to
declare
such
particular
cases
to
be
out
of
the
generall
reason
and
meaning
of
the
lawe
,
which
in
other
points
shall
remaine
in
his
profitable
force
still
.
For
such
lawes
as
haue
a
continuall
reason
,
and
whose
end
is
common
and
vniuerfall
,
doo
not
cease
,
though
in
some
speciall
case
,
their
intended
end
dooth
not
hold
.
And
therefore
,
though
fasts
are
commanded
for
the
bridling
of
our
vntamed
flesh
,
yet
[
](A19392-e112640-b)*
*
Cle.
ad
nostr.
d.
Thom.
quod
l.
19.
ar.
15.
such
also
in
whome
this
reason
holdeth
not
,
shall
be
tied
by
the
generalitie
of
this
lawe
,
till
a
magistrate
therevnto
authorized
,
shall
declare
him
to
be
out
of
the
reason
and
reach
of
this
law
.
But
it
is
[
](A19392-e112650-b)*
*
Io.
a
Medi●a
de
con●ract
.
q.
14.
not
so
in
those
lawes
,
whose
reason
is
but
directed
to
some
particular
end
onelie
,
as
is
the
law
of
brotherlie
correction
,
which
alonelie
tending
to
his
reformation
,
dooth
wholie
cease
(
without
any
further
dispensation
)
where
no
amendement
can
be
hoped
for
,
and
the
partie
is
become
vncorrigible
.
So
that
to
his
question
I
answer
,
that
no
earthlie
authoritie
whatsoeuer
,
may
or
can
by
Dispensation
or
otherwise
,
make
that
which
is
theft
,
no
theft
,
or
dispense
with
any
other
lawe
of
God
,
or
primarie
law
of
nature
,
in
such
sort
;
as
that
they
should
loose
,
which
he
hath
bound
:
bicause
the
law
of
God
conteineth
those
[
](A19392-e112680-b)*
*
Thom.
1.
2.
q
100.
ar●.
8.
things
which
are
determined
by
GOD
himselfe
,
not
onelie
in
a
generall
forme
of
iustice
,
but
also
in
particular
actions
,
and
therefore
can
be
,
by
none
dispensed
with
by
relaxation
of
the
bond
thereof
,
but
onclie
by
himselfe
.
And
yet
those
[
](A19392-e112690-b)*
*
c.
maiores
.
Ext.
de
baptismo
c.
per
venerabilem
Ext.
qui
fi●●
sunt
legit
.
that
be
in
authoritie
,
may
declare
and
interpret
the
law
of
God
and
of
nature
.
As
that
law
of
God
&
of
nature
,
which
saith
,
Thou
shalt
not
stealc
,
is
and
lawfullie
may
be
,
by
godlie
positiue
lawes
declared
not
[
](A19392-e112700-b)*
*
Si
quis
prop.
necessitatem
,
Ext.
de
furtis
.
to
reach
or
extend
vnto
him
,
which
being
compelled
by
extreame
hunger
,
dooth
take
awaie
another
mans
goods
onelie
to
eat
,
and
to
preserue
his
life
thereby
.
These
things
I
haue
made
bold
vpon
presumed
patience
thus
to
enlarge
,
for
the
better
euidence
of
the
Abstractors
great
malice
,
but
slender
skill
:
and
to
giue
light
both
to
that
which
hath
béene
afore
spoken
,
and
to
that
also
which
vpon
sundrie
occasions
is
yet
to
be
deliuered
,
as
being
loth
often
to
be
forced
to
speake
of
one
matter
,
not
opened
aforehand
.
But
now
he
telleth
vs
Of
a
law
of
Antichrist
,
which
Christians
must
impugne
by
mainteining
the
lawe
of
Undutic̄u●
and
vnreuerend
speaches
.
Christ
against
it
.
If
he
speake
thus
(
as
it
must
needs
be
taken
)
of
that
lawe
,
which
in
some
cases
alloweth
a
man
to
reteine
mo
benefices
,
which
in
this
treatise
he
séeketh
to
prooue
an
Vnlawfull
law
,
and
here
(
as
it
seemeth
)
calleth
the
law
of
Antichrist
:
trulie
for
hir
Maiesties
sake
,
and
the
whole
parlement
which
reuiued
it
,
being
first
made
in
the
daies
of
that
renowmed
Prince
king
Henrie
,
after
he
had
abandoned
the
vsurped
Komish
power
,
&
afterward
practised
in
the
reigne
of
the
vertuous
king
Edward
:
it
might
haue
pleased
him
to
haue
given
it
a
more
mild
and
a
better
terme
.
But
these
tempestuous
and
furious
melancholike
spirits
,
whome
Gualter
calleth
the
Donatists
of
our
time
,
doo
esteeme
no
benefits
receiued
at
hir
Maiesties
hands
worth
gramercie
,
(
seeing
they
thus
make
hir
Highnesse
lawes
the
Lawes
of
antichrist
)
onelie
bicause
they
cannot
be
suffered
to
establish
a
souereigne
and
popelike
church-gouernment
in
euerie
parish
,
which
may
tyrannize
ouer
the
Prince
hir selfe
,
without
controllement
.
The
places
which
he
here
quoteth
apart
,
as
though
they
serued
to
the
confirmation
of
the
seuerall
parts
of
his
talke
,
doo
indéed
tend
all
one
waie
,
to
shew
the
lawlesse
and
vnbounded
authoritie
,
which
is
challenged
by
the
pope
.
Which
spéeches
,
though
it
be
true
that
by
some
canonists
they
are
attributed
vnto
him
;
yet
none
of
these
thrée
glosses
doo
speake
expreslie
either
of
his
Absolute
power
on
earth
,
or
of
making
somthing
of
nothing
,
or
of
finne
to
be
no
finne
.
Therfore
this
is
a
sinne
(
as
the
old
prouerbe
saith
)
thus
to
lie
of
the
diuell
,
or
of
his
eldest
sonne
the
pope
.
Yea
,
the
last
of
the
three
,
rather
restreineth
that
authoritie
which
the
other
doo
attribute
vnto
him
,
and
setteth
downe
;
that
In
vowes
he
is
said
not
to
dispense
,
but
to
declare
and
interpret
:
bicause
it
is
thus
commanded
by
scripture
,
Vow
and
performe
your
vowes
to
God
.
The
second
place
is
wrong
quoted
,
for
it
ought
to
haue
beene
:
Glossa
in
verbo
fiat
c.
lector
dist.
34.
That
which
is
here
vnto
annexed
,
That
a
priuilege
or
priuate
law
must
haue
all
the
properties
of
a
generall
law
,
and
that
a
dispensation
is
but
a
fiction
in
law
,
is
least
by
him
as
void
of
proofe
,
as
it
is
of
it selfe
void
of
truth
:
for
it
is
not
possible
that
euerie
priuilege
or
Dispensation
of
grace
onelie
,
should
tend
to
the
benefit
of
the
whole
common-wealth
,
[
](A19392-e112880-b)*
*
Thom.
1.
2.
q.
97.
art.
3.
&
10.
And
in
c.
de
multa
Ext.
de
preb.
though
a
Dispensation
of
iustice
may
in
some
sort
so
tend
:
or
if
it
be
But
a
fiction
of
law
,
that
it
shuld
haue
those
adiunds
and
qualities
which
are
required
in
a
publike
law
.
And
[
](A19392-e112910-b)*
*
Rebuff
.
in
.
61
de
dispens.
ad
p●●ra
benefi.
Rebuff
.
whence
indeed
he
borrowed
it
,
dooth
not
saie
,
that
the
dispensation
is
a
Fiction
of
law
,
but
that
He
which
vpon
cause
is
dispensed
with
,
shall
be
reputed
in
law
as
able
,
lawfull
and
fit
,
by
fiction
of
law
,
by
reason
of
his
dispensation
.
And
it
is
sufficient
sometimes
to
establish
a
priuilege
or
dispensation
,
if
an
inconuenience
be
but
thereby
[
](A19392-e112950-b)*
*
c.
non
potest
in
fide
praeb.
in
.
6.
auoided
,
which
otherwise
would
happen
,
and
so
if
it
profit
but
a
verie
little
,
it
shall
be
susteined
.
The
law
which
he
bringeth
out
of
the
[
](A19392-e112960-b)*
*
L.
liberos
Cod.
de
collationibus
.
Code
,
to
prooue
that
It
is
all
one
in
effect
to
enioy
a
benefit
by
priuilege
or
by
common
right
,
prooueth
nothing
directlie
,
but
that
such
children
,
whom
the
prince
hath
set
frée
from
their
fathers
power
,
shall
not
be
admitted
to
enioy
their
parts
in
their
fathers
substance
,
without
this
collation
or
putting
as
it
were
so
much
amongst
them
all
of
their
owne
goods
in
hotch potch
,
as
they
are
seuerallie
to
receiue
of
their
fathers
:
eue●
as
well
as
those
children
must
doo
,
which
were
not
so
emancipate
,
but
by
their
father
himselfe
.
The
reason
of
which
decision
is
,
lest
the
princes
fauour
and
grace
in
fréeing
some
from
their
fathers
power
,
should
be
drawne
and
extended
to
the
iniurie
and
damage
of
others
.
And
it
might
haue
better
beene
brought
in
argument
,
to
prooue
that
he
which
enioyeth
a
benefice
by
dispensation
,
as
to
the
effect
of
obseruing
publike
lawes
(
incident
to
be
practised
in
his
ministerie
)
is
no
more
free
than
others
.
Yet
I
will
admit
,
that
by
waie
of
argument
it
may
also
prooue
the
effect
of
that
,
which
is
done
by
priuilege
,
and
of
that
which
is
done
by
common
right
sometime
to
be
alike
:
but
hereof
or
by
the
former
,
it
will
not
follow
,
that
a
priuilege
or
dispensation
must
haue
all
the
necessarie
adiuncts
of
a
generall
law
,
which
is
his
purpose
.
And
it
is
woorth
the
obseruing
,
that
bicause
Rebuff
.
hath
an
allegation
out
of
Decius
,
immediatlie
following
the
place
by
him
alledged
,
he
quoted
therefore
in
his
margine
Dec.
l.
liberos
,
as
though
it
were
the
tenth
law
of
that
title
.
Neither
is
it
true
that
euerie
publike
law
must
necessarie
Tend
to
the
honour
of
God
,
and
to
the
peace
and
safetie
of
the
realme
:
for
there
are
manie
lawes
,
which
are
referred
and
doo
tend
to
the
benefit
and
profit
of
the
common-weale
,
as
for
assise
of
bread
and
ale
and
other
victuals
,
for
currieng
of
leather
,
and
true
making
of
clothes
,
&c:
which
are
not
referred
either
to
the
aduancement
of
the
honor
of
God
,
or
safetie
of
the
realme
,
otherwise
than
as
all
particular
lawfull
actions
,
whatsoeuer
of
any
man
,
may
be
referred
to
them
.
10.
Section
.
Pag.
120.
121
,
122
,
123
,
124.
HEre
this
man
full
of
singularitie
,
yet
but
a
single
soled
singular
man
,
will
shew
(
if
he
can
)
how
Pluralitie
men
do
beguile
themselues
with
an
euident
and
palpable
fallacie
,
in
handling
whereof
he
moileth
and
laboureth
,
to
roll
vp
Sisyphus
stone
,
which
still
tumbleth
downe
vpon
himselfe
againe
:
and
like
him
whome
the
old
Satyre
would
not
diuell
with
,
he
bloweth
both
hot
and
cold
,
affirming
that
which
before
he
had
denied
;
yet
plaieth
otherwise
,
as
much
vpon
the
aduantage
,
as
so
bad
a
defense
had
néed
of
.
For
to
giue
vnto
his
discourse
some
lustre
and
colour
of
probabilitie
,
he
will
not
vse
the
name
of
Parishes
but
of
Churches
:
and
bicause
some
thing
incident
to
this
disputation
,
may
be
spoken
of
establishing
,
which
can
not
be
verified
of
distinguishing
churches
;
and
of
vniting
,
which
can
not
be
taking
awaie
,
he
speaketh
of
these
copulatiuelie
,
and
so
maketh
a
fallacie
A
pluribus
interrogationibus
vt
vna
.
The
argument
which
he
frameth
for
pluralitie
men
,
bicause
they
(
forsooth
)
could
not
doo
it
skilfullie
,
and
after
dooth
skirmish
with
,
it
will
not
be
amisse
to
set
downe
,
togither
with
his
forces
bsed
against
it
:
Whatsoeuer
is
established
(
faith
he
)
by
man
alone
,
the
same
may
be
taken
awaie
,
and
vnited
by
man
alone
:
But
churches
(
that
is
to
saie
)
congregations
of
the
Lords
people
;
pastors
of
these
assemblies
,
and
the
liuings
for
the
pastors
of
these
assemblies
,
were
established
and
distinguished
by
man
alone
:
Therefore
churches
,
pastors
,
and
liuings
for
pastors
,
may
be
taken
awaie
,
and
vnited
by
man
alone
.
The
Minor
hereof
he
denieth
as
false
vpon
the
equiuocation
of
the
word
churches
,
which
hath
in
all
thrée
acceptions
:
whereof
two
he
saith
doo
make
the
said
proposition
false
.
The
first
signification
of
that
word
with
him
,
is
,
Congregations
and
assemblies
of
people
,
which
hereby
he
prooueth
,
not
To
be
established
and
distinguished
by
man
alone
,
bicause
the
Lord
hath
willed
all
his
people
to
gather
&
assemble
themselues
togither
,
to
th●intent
they
shuld
cal
vpon
his
name
;
&
bicause
it
is
impossible
for
al
the
people
to
[
](A19392-e113220-b)*
*
An
absurd
reasoning
.
be
assembled
into
one
place
,
or
to
heare
one
mans
voice
.
This
reason
may
serue
to
prooue
,
that
God
establisheth
assemblies
,
and
that
there
must
of
necessarie
consequence
be
distinction
and
diuision
of
assemblies
:
but
it
can
not
be
racked
to
giue
anie
testimonie
,
that
either
the
maner
thereof
,
the
number
of
people
,
or
the
quantitie
of
ground
is
prescribed
,
and
as
it
were
troden
out
by
God
,
which
is
the
point
of
the
issue
.
Yea
,
the
[
](A19392-e113230-b)*
*
Pag.
124.
Abstractor
himselfe
confesseth
,
that
Where
the
congregation
is
too
great
,
it
is
lawfull
to
make
it
lesse
,
and
where
it
is
too
little
,
to
make
it
greater
:
and
wisheth
[
](A19392-e113250-b)*
*
Pag.
122.
this
is
reformed
,
which
may
not
be
done
,
(
as
he
himselfe
afore
reasoneth
)
if
this
distination
of
assemblies
which
we
haue
,
had
bene
made
by
God
.
And
he
might
as
well
gather
,
bicause
God
hath
appointed
a
distinction
in
proprietie
of
lands
and
goods
to
be
reteined
amongst
men
,
that
therefore
God
hath
distinguished
,
butted
,
bounded
,
and
meared
out
euerie
manors
and
lands
as
they
lie
in
seueralitie
from
others
,
and
hath
likewise
made
this
allotment
and
proportion
of
goods
which
euerie
seuerall
man
enioieth
.
And
then
may
we
blot
out
of
the
register
,
the
writ
De
perambulatione
facienda
,
and
condemne
all
their
indeuors
,
which
by
honest
meanes
seeke
the
increase
of
their
substance
.
And
yet
notwithstanding
this
his
loose
reasoning
,
he
descendeth
boldlie
from
hence
to
an
vncharitable
and
Pharisaicall
inuectiue
,
(
which
is
an
vsuall
vse-making
of
their
generall
doctrines
)
condemning
all
pluralitie
men
,
for
Little
preaching
,
for
wearines
of
well
dooing
,
and
respect
to
grease
themselues
with
the
fat
of
the
peoples
labour
.
It
is
well
he
leaueth
vnto
them
some
preaching
,
whereas
his
clients
(
for
the
most
part
)
doo
but
speake
;
(
for
so
they
themselues
doo
terme
it
not
vnproperlie
:
)
and
some
well
dooing
:
which
some
like
himselfe
can
neuer
be
wearie
of
,
bicause
they
vse
well
dooing
and
well
speaking
,
both
in
one
measure
.
But
his
saints
of
his
own
canonizing
,
may
not
in
anie
case
be
touched
with
fatting
their
purses
with
other
mens
labours
:
yea
,
though
they
should
laie
their
mony
to
vsurie
,
which
is
holden
with
some
of
them
scarse
for
a
Peccadillo
:
or
though
they
should
,
besides
the
reuenues
and
fruits
of
their
liuings
allotted
to
them
,
haue
a
Comorth
and
contribution
yearely
made
for
them
,
which
serueth
for
a
fée
to
hire
them
,
to
speake
nothing
vnto
their
good
maisters
and
dames
,
but
Placentia
:
which
is
best
compassed
with
all
such
as
haue
Itching
eares
,
by
bold
brasen
inuectiues
,
against
authoritie
and
against
the
present
state
of
the
church
,
and
by
kéeping
deepe
silence
of
all
vsurie
,
circumuention
,
ingrossing
,
false
wares
,
inclosures
of
commons
,
monopolies
,
extortions
and
oppressions
:
for
these
be
biles
,
which
may
not
be
handled
,
if
they
mind
to
haue
anie
more
of
their
custome
.
But
the
Abstractor
letteth
also
this
hold
go
,
bicause
it
is
too
slipperie
,
&
dooth
gesse
that
by
churches
in
the
former
reason
,
we
will
vnderstand
liuings
of
churches
,
which
he
inforceth
not
to
haue
beene
established
and
distinguished
by
man
alone
,
bicause
God
hath
ordeined
that
they
which
preach
the
gospell
,
should
liue
of
the
gospell
.
Wherein
lurketh
a
double
fallacie
,
first
vpon
ioining
by
a
copulatiue
,
both
establishing
and
distinguishing
in
one
yoke
togither
:
whereas
though
A
fallacie
,
à
pluribus
interrog.
vt
vna
.
God
did
thereby
establish
,
that
pastors
should
haue
liuings
,
yet
did
he
not
distinguish
them
how
they
should
be
vsed
in
seueralties
one
from
another
.
Secondlie
,
in
that
he
couertlie
intendeth
quantities
,
rates
,
and
proportions
of
seuerall
liuings
to
haue
beene
by
God
established
,
bicause
he
ordeined
that
his
ministers
should
haue
maintenance
,
albeit
there
be
great
difference
betwixt
liuing
and
quantitie
of
liuing
:
for
Rebuff
.
Whence
he
borrowed
it
,
applieth
not
the
place
of
S.
Paule
as
he
dooth
,
but
to
prooue
,
that
the
benefit
is
giuen
for
the
dutie
.
But
if
he
meant
not
to
implie
thus
much
,
then
hath
he
the
lesse
colour
a
great
deale
against
pluralities
:
for
he
that
dooth
prouide
two
seuerall
benefices
for
them
,
where
one
is
not
sufficient
,
dooth
more
fullie
satisfie
the
ordinance
of
God
,
to
make
them
thus
more
able
To
liue
of
the
gospell
.
Yea
,
and
that
it
was
his
meaning
to
prooue
,
that
liuings
for
ministers
were
distinguished
by
God
(
though
he
deliuer
it
but
fearefullie
and
inconstantlie
,
as
commonlie
such
doo
which
openlie
auouch
an
vntruth
knowne
euen
to
their
owne
conscience
,
)
these
his
[
](A19392-e113450-b)*
*
Pag.
121.
words
doo
make
it
manifest
:
Manie
liuings
(
saith
he
)
appointed
by
the
Lord
himselfe
for
manie
pastors
,
ouer
manie
congregations
,
should
not
be
taken
from
manie
,
and
giuen
to
one
.
To
which
end
also
is
that
example
,
which
he
bringeth
concerning
the
diuision
of
the
promised
land
of
Canaan
.
Which
most
grosse
absurditie
and
paradox
,
neuer
auouched
by
anie
either
old
or
late
writer
(
I
thinke
)
till
this
melancholike
snapstraw
peeped
out
by
owle-light
;
may
be
cleerelie
refelled
euen
by
his
owne
words
,
wroong
out
from
him
by
the
force
of
truth
:
to
wit
,
Ibid.
That
liuings
of
churches
and
parishes
are
distinguished
by
man
,
and
therefore
may
be
vnited
by
man
,
in
some
sense
may
be
true
.
Pag.
124
Nay
,
I
would
faine
learne
in
what
sense
it
can
be
otherwise
:
and
in
what
signification
did
he
himselfe
speake
elsewhere
,
when
as
he
saith
:
It
is
lawfull
for
man
to
take
awaie
,
&
to
vnite
churches
&
liuings
.
For
if
this
be
lawfull
,
then
hath
not
God
,
whose
ordinance
must
be
inuiolable
,
either
established
anie
taxe
and
certeine
quantitie
of
a
ministers
liuing
,
or
yet
distinguished
and
seuered
the
liuings
of
churches
one
from
another
.
But
in
case
God
hath
allotted
a
certeine
rate
of
liuing
for
a
minister
,
it
were
well
it
might
be
made
manifest
vnto
vs
hereafter
by
the
Abscractor
,
or
by
some
other
déepe
Cabalist
,
with
sound
proofes
annexed
to
strengthen
it
.
Yet
he
taketh
this
as
verie
sufficientlie
prooued
to
be
Gods
ordinance
,
and
therefore
in
effect
saith
;
It
is
no
more
lawfull
now
to
giue
vnto
one
minister
that
liuing
which
was
appointed
to
diuerse
,
than
it
had
beene
for
Ioshua
to
haue
altered
that
diuision
of
the
land
of
Canaan
,
which
the
Lord
had
commanded
by
Moses
.
But
when
he
or
anie
man
else
can
prooue
,
that
God
hath
appointed
and
distinguished
out
the
bounds
and
limits
of
parishes
,
and
the
rates
of
church-liuings
,
as
he
expreslie
bounded
the
tribes
in
the
land
of
Canaan
,
then
will
I
saie
the
comparison
is
equall
:
yet
seeing
it
was
of
temporall
lands
,
it
would
more
fitlie
serue
for
limits
of
manors
and
lordships
,
than
of
parishes
.
But
the
comparison
is
far
vnlike
:
for
he
will
not
denie
(
I
hope
)
but
that
manie
laie
fees
and
temporall
lordships
may
be
possessed
by
some
one
,
which
yet
he
denieth
to
ecclesiasticall
men
,
though
perhaps
their
desert
and
contribution
to
the
publike
charges
of
the
realme
be
as
great
as
theirs
,
who
enioy
in
true
value
ten
times
as
much
reuenue
.
And
yet
euery
seuerall
mans
inheritance
was
not
diuided
by
Moses
or
Ioshua
,
but
the
Lord
prescribed
the
bounds
of
the
tribes
,
and
the
lot
decided
the
rest
.
Nor
yet
was
the
distribution
so
setled
,
but
that
one
of
the
same
tribe
might
enioy
by
purchase
another
mans
possession
till
the
yeare
of
Iubile
:
and
diuerse
mens
inheritances
might
by
discent
be
cast
vnto
the
next
in
bloud
.
And
his
ignorance
or
negligence
is
herein
more
palpable
than
he
can
prooue
to
be
in
the
Pluralists
fallacie
,
in
that
he
saith
,
Moses
[
](A19392-e113630-b)a
a
Num.
33.
vers.
54.
gaue
vnto
some
more
and
to
some
lesse
,
whereas
in
déed
it
was
diuided
by
lot
.
Also
[
](A19392-e113640-b)b
b
Deut.
34.
Moses
neuer
came
ouer
Iordan
,
but
did
onlie
take
a
view
of
the
land
a
far
off
from
the
mounteine
of
Nebum
.
Neither
was
he
or
Ioshua
appointed
Decempedae
,
or
the
verie
diuiders
of
it
,
but
[
](A19392-e113700-b)c
c
Num.
34.
vers.
17.
&
deinceps
.
others
from
the
Lord
were
therevnto
nominated
.
Insomuch
that
it
is
expreslie
set
[
](A19392-e113710-b)d
d
Ioshua
.
13.
vers.
7&8
.
downe
,
that
Moses
made
no
distribution
,
but
vpon
the
east
side
of
Iordan
to
the
tribe
of
Ruben
,
Gad
,
and
the
halfe
tribe
of
Manasseh
:
and
all
the
[
](A19392-e113760-b)*
*
Ioshua
.
14.
15.
&
deinceps
.
rest
of
the
land
was
diuided
onelie
by
the
direction
of
Ioshua
:
howbeit
vpon
the
distribution
of
this
land
,
so
skilfullie
(
as
you
sée
)
by
him
handled
,
he
taketh
occasion
by
similitude
of
a
botching
tailor
,
and
a
pilfering
companion
,
to
make
himselfe
merie
,
rather
than
to
patch
vp
anie
good
reason
.
For
his
resemblance
is
so
far
from
shew
of
likelihood
,
that
it
well
becommeth
such
a
déepe
reasoner
.
For
the
theft
of
Caius
can
not
anie
waie
prooue
,
that
Seius
garment
is
too
long
wasted
:
and
therefore
his
reason
smelleth
of
the
shop-boord
more
than
of
the
deske
.
But
his
wish
herevpon
is
,
whereas
Some
(
according
to
his
audit-booke
)
haue
two
or
three
thousand
pounds
,
and
some
neuer
a
whit
:
that
is
,
(
asse
he
foole
wiselie
dooth
interpret
)
scarse
twentie
nobles
by
yeare
,
that
there
might
be
set
downe
a
better
equalitie
.
Truelie
,
if
he
had
wished
by
some
good
meanes
a
competencie
of
liuing
for
euerie
minister
,
it
had
béene
a
good
and
godlie
wish
:
but
to
desire
an
equalitie
,
where
the
duties
and
gifts
required
are
so
different
;
it
is
contrarie
to
the
rule
of
iustice
,
which
In
mandandis
honoribus
,
&
decernendis
poenis
,
dooth
follow
the
proportion
Geometricall
,
and
not
his
proposition
Anabaptisticall
(
I
should
saie
)
proportion
Arythmeticall
.
For
with
as
good
reason
he
might
inforce
an
equalitie
of
liuings
in
temporall
men
,
as
in
ecclesiasticall
:
considering
both
the
excellencie
of
the
subiect
and
matter
,
whereabout
the
ecclesiasticall
are
conuersant
,
and
also
as
great
inequalitie
of
one
aboue
another
,
and
difference
of
learning
,
and
all
other
Gods
good
gifts
to
be
shewed
in
the
gouerning
and
instructing
of
the
people
in
matter
of
religion
,
as
may
be
found
by
any
possibilitie
in
the
dexteritie
of
one
man
more
than
of
another
in
managing
by
counsell
,
or
defending
by
prowesse
the
ciuill
affaires
and
frontiers
of
a
common-wealth
.
Which
thing
,
the
slender
sparkes
of
the
light
of
nature
remaining
,
did
teach
euen
vnto
the
Gentiles
:
who
were
content
to
aduance
their
religious
persons
amongst
them
vnto
singular
honor
,
to
respect
them
with
large
and
bountifull
maintenance
,
and
to
haue
their
hests
and
aduise
in
notable
recommendation
.
The
Minor
of
his
owne
syllogisme
being
the
verie
contradictorie
of
the
Minor
afore
propounded
by
waie
of
obiection
,
he
seeketh
yet
better
to
vnderprop
(
as
he
had
need
)
not
against
such
onelie
,
as
are
Disposed
to
cauill
,
but
those
also
that
must
denie
as
vntrue
,
both
his
Minor
,
the
Antecedent
,
and
also
Consecution
,
whereby
he
would
prooue
it
.
For
he
would
prooue
Churches
to
be
established
and
distinguished
by
the
Lord
himselfe
,
bicause
Though
the
limits
of
parishes
be
bordered
by
man
,
and
that
a
certeine
number
of
people
,
called
to
make
one
congregation
,
and
to
heare
at
one
time
,
in
one
place
,
one
certeine
pastor
,
be
at
the
rule
and
disposition
of
man
:
yet
that
these
things
should
be
thus
done
,
is
the
speciall
commandement
of
the
Lord
.
As
if
he
should
saie
,
Though
it
be
so
,
yet
it
is
not
so
.
For
how
dooth
this
follow
?
God
hath
commanded
Churches
to
be
established
and
distinguished
,
Ergo
he
did
establish
and
distinguish
them
:
more
than
these
like
reasons
?
God
commanded
there
should
be
places
comelie
and
decent
for
holie
assemblies
,
Ergo
he
himselfe
built
all
our
faire
churches
.
Or
,
God
commanded
euerie
man
to
get
his
liuing
by
the
sweat
of
his
owne
browes
,
Ergo
God
getteth
euerie
mans
liuing
by
the
sweat
of
his
owne
browes
.
Yet
would
I
also
gladlie
learne
,
where
this
Speciall
commandement
vnto
men
,
for
the
Bordering
out
of
their
parishes
,
and
for
a
certeine
number
of
people
to
be
called
to
heare
one
certeine
pastor
,
may
be
found
?
But
I
will
take
that
which
he
here
yéeldeth
and
prooue
thereby
(
contrarie
to
his
intent
)
that
the
law
of
man
may
yéeld
seuerall
congregations
vnto
one
pastor
:
Whosoeuer
hath
the
rule
and
disposition
of
bordering
out
parishes
,
of
calling
a
certeine
number
of
people
to
heare
at
one
time
,
in
one
place
,
one
certeine
pastor
,
and
may
lawfullie
take
awaie
and
vnite
churches
and
liuings
where
they
be
too
little
,
and
diuide
them
where
they
be
too
great
:
he
may
as
lawfullie
assigne
the
like
or
greater
number
of
people
to
heare
one
man
at
seuerall
times
,
and
in
seuerall
places
:
(
which
is
that
which
is
called
pluralitie
)
bicause
of
the
partie
of
reason
,
Quia
contrariorum
eadem
est
scientia
:
But
man
*
(
as
the
Abstractor
here
confesseth
)
hath
the
rule
and
Pag.
123.
124.
disposition
hereof
,
and
may
lawfullie
doo
the
one
:
Therefore
man
may
lawfullie
doo
the
other
,
and
consequentlie
grant
a
pluralitie
.
But
he
seemeth
to
reason
against
this
,
which
he
saw
must
needs
follow
of
his
owne
assertion
,
by
an
allusion
from
a
naturall
bodie
,
in
which
it
were
monstrous
to
haue
one
head
set
vpon
two
bodies
,
and
that
therefore
it
is
as
vnfitting
a
thing
in
a
politike
bodie
,
and
consequentlie
for
one
shéepeheard
to
haue
manie
flocks
.
But
if
this
be
the
onelie
fault
,
then
let
him
call
both
the
flocks
but
one
,
as
to
this
intent
and
purpose
:
yet
none
can
be
ignorant
,
how
slender
reasons
such
allusions
be
,
and
what
insinite
absurdities
would
follow
,
if
we
should
vrge
a
conformitie
in
all
points
betwixt
a
naturall
and
a
politike
bodie
.
For
then
were
it
also
a
monstrous
thing
,
for
one
king
to
rule
ouer
two
seuerall
and
distinguished
kingdomes
:
and
when
the
king
(
who
is
the
head
)
dieth
,
the
common-wealth
also
should
decaie
withall
.
But
that
the
distinction
of
parishes
is
indeed
onelie
of
the
meere
positiue
lawe
of
man
,
besides
that
which
the
Abstractor
himselfe
péeldeth
,
whose
confession
must
needs
be
strong
against
himselfe
:
it
may
appeare
by
Platina
,
who
setteth
downe
in
what
Bishop
of
Rome
his
time
,
they
were
first
distinguished
.
And
therefore
a
famous
Canonist
[
](A19392-e114000-b)*
*
Abb.
inrub
.
de
Paroch
.
saith
:
Though
Bishoprikes
and
prouinces
were
diuided
before
Christes
time
,
yet
parishes
were
afterward
diuided
:
So
that
vpon
good
[
](A19392-e114020-b)*
*
Gl.
in
.
c.
1.
di
.
10.
&
in
c.
m●lli
dist.
93.
Abb.
in
c.
audientiam
Ext.
de
eccles.
aedific
.
Card.
c.
auaritie
.
in
finde
praeb.
cause
,
and
with
consent
required
,
one
parish
may
lawfullie
be
diuided
into
two
parishes
by
the
Bishop
.
And
Rebuff
.
who
hath
furnished
out
our
author
with
all
his
stuffe
of
this
treatise
,
and
therefore
may
not
be
by
him
refused
,
being
by
himselfe
produced
a
witnesse
,
telleth
vs
:
that
although
it
be
a
part
of
the
law
of
nature
and
of
God
,
to
haue
a
liuing
allotted
for
the
ministerie
and
dooing
of
the
office
,
yet
[
](A19392-e114040-b)*
*
13.
q.
1.
c.
1.
Panor
.
in
c.
olim
Ext.
de
consuetud
.
Benefices
are
brought
in
by
law
positiue
,
and
therefore
about
them
dispensations
are
tolerable
.
And
the
glosse
[
](A19392-e114060-b)*
*
Gl.
in
verbo
aut
in
electa
c.
nec
.
monerus
.
10.
q.
3.
saith
,
that
diocesses
or
parishes
were
distinguished
by
Dionysius
.
Where
vpon
in
like
maner
may
be
gathered
,
that
it
is
lawfull
(
vpon
iust
cause
especiallie
,
and
the
vtilitie
of
the
church
so
requiring
)
to
permit
vnto
one
sufficient
man
two
seuerall
parishes
:
bicause
otherwise
they
were
not
able
perhaps
seuerallie
to
mainteine
a
man
of
qualitie
:
and
for
the
scarsitie
of
such
men
in
regard
of
the
seuerall
parishes
in
England
,
they
should
be
but
slenderlie
furnished
though
with
two
,
yet
both
perhaps
more
insufficient
men
by
manie
degrées
.
11.
Section
.
Pag.
124
,
125.
IN
this
section
he
laboureth
to
ouerthrow
the
dispensations
for
mo
benefices
,
by
the
definition
of
a
dispensation
.
Which
is
not
auailable
,
being
done
by
anie
besides
Him
that
hath
authoritie
:
which
the
Archbishop
of
Canturburie
(
he
saith
)
cannot
haue
,
though
the
act
of
parlement
haue
so
enabled
him
:
bicause
he
Being
a
man
,
may
not
dispense
with
the
positiue
lawes
of
man
against
pluralities
,
which
are
all
grounded
either
vpon
the
law
of
nature
,
or
vpon
the
law
of
God
:
and
therfore
the
one
must
be
as
immutable
as
the
other
.
In
effect
thus
much
,
neither
the
makers
of
the
act
being
men
could
yéed
,
nor
he
receiue
any
such
authoritie
.
But
what
is
this
else
,
but
plainlie
to
derogate
all
authoritie
from
the
parlement
,
and
from
all
other
states
whomesoeuer
of
establishing
any
lawes
?
For
it
is
certeine
,
there
is
no
good
lawe
can
be
deuised
,
being
lawfull
to
be
obserued
,
that
hath
not
his
ground
(
either
neere
or
farre
off
)
from
the
lawe
of
God
and
of
nature
.
And
if
herevpon
it
might
be
gathered
,
that
they
which
are
grounded
and
deriued
from
thence
are
subiect
no
more
to
mutabilitie
than
the
lawes
of
God
:
then
should
it
not
be
lawfull
for
his
Maiestie
to
take
to
The
Abstractor
derogateth
from
hir
Maiesties
prerogatiue
,
and
the
common
law
.
hir selfe
felons
goods
and
traitors
lands
,
from
the
children
of
the
male
factor
,
for
whome
he
had
prouided
them
.
For
it
is
the
law
of
God
and
of
nature
,
for
parents
to
prouide
for
their
children
.
Upon
the
commandements
against
murther
and
theft
,
are
these
secondarie
lawes
drawne
;
that
he
which
committeth
such
offenses
,
shall
suffer
the
penaltie
of
death
.
Which
penaltie
neuerthelesse
,
the
prince
dooth
and
may
lawfullie
pardon
,
bicause
they
are
but
positiue
lawes
,
shewing
in
what
maner
such
crimes
shall
be
punished
,
and
are
prouided
for
the
benefit
of
the
common-weale
to
ensue
,
by
cutting
awaie
such
vnprofitable
members
,
and
by
terrifieng
others
thereby
from
offending
.
And
yet
in
some
especiall
case
the
common-weale
may
receiue
more
damage
and
hurt
by
the
taking
awaie
of
some
men
,
who
may
happen
in
that
maner
to
offend
,
than
it
can
receiue
profit
by
their
death
.
Upon
which
or
like
equanimitie
,
the
people
of
Israell
importuned
and
obteined
in
sort
at
Sauls
hands
,
the
pardon
of
Ionathas
his
sonne
,
who
had
offended
the
law
positiue
,
and
might
as
iustlie
haue
béene
executed
,
as
he
was
lawfullie
pardoned
.
And
yet
was
that
law
grounded
of
the
law
of
God
,
which
vnder
the
name
of
parents
,
doo
command
vs
generallie
to
obeie
all
our
superiours
and
their
lawes
,
not
repugning
to
his
euerlasting
will
.
The
two
last
places
that
are
quoted
,
one
out
of
the
glosse
,
and
the
other
out
of
the
text
,
speake
no
one
word
of
the
restraining
of
the
Popes
power
in
dispensing
with
the
law
of
nature
or
of
God
,
for
the
which
they
are
brought
.
Againe
,
it
might
be
answered
as
afore
,
that
the
lawe
forbidding
pluralities
,
dooth
not
thereby
take
away
dispensations
for
them
;
for
if
there
were
no
prohibition
,
there
néeded
no
dispensation
:
also
that
those
vices
which
are
forbidden
by
the
law
of
nature
and
of
God
,
are
no
necessarie
effects
of
enioieng
a
pluralitie
,
that
such
dispensation
taketh
more
portion
of
Iustice
,
than
of
Grace
,
and
therefore
is
not
much
different
from
a
declaration
,
that
the
generall
law
against
pluralities
in
such
a
mans
case
,
dooth
or
may
verie
well
cease
.
And
lastlie
,
that
if
these
were
of
the
lawe
of
God
and
of
nature
,
yet
they
might
be
declared
and
interpreted
,
how
farre
they
reach
and
doo
bind
,
though
indeed
the
bonds
of
the
lawes
of
God
and
nature
remaining
,
they
may
not
be
(
by
anie
but
God
himselfe
)
released
.
And
therefore
this
reason
,
that
such
authoritie
cannot
be
yeelded
to
the
Archbishop
,
is
manie
waies
easilie
ouerblowne
by
the
grounds
of
that
which
hath
beene
afore
deliuered
.
12.
Section
.
Pag.
125
,
126
,
127.
HE
which
in
all
this
treatise
goeth
about
to
prooue
Dispensations
for
manie
benefices
vnlawfull
,
as
though
either
there
were
no
lawe
to
warrant
them
by
canon
or
statute
,
dooth
here
tell
vs
of
certeine
Defects
in
the
qualitie
of
the
person
to
be
dispensed
with
,
which
are
iust
causes
in
law
to
frustrate
and
make
void
euerie
dispensation
.
If
he
had
said
euerie
such
dispensation
,
it
had
beene
more
probable
,
whereby
will
follow
,
if
those
defects
and
such
like
be
the
onelie
causes
which
make
void
by
law
a
dispensation
,
then
where
no
such
defect
(
nor
any
other
by
lawe
set
downe
)
can
be
found
;
that
the
dispensation
shall
be
lawfull
:
and
so
he
hath
,
like
the
euill
seruant
,
condemned
himselfe
by
his
owne
mouth
.
For
Exceptio
firmat
regulam
in
casibus
non
exceptis
,
as
hath
been
alledged
in
the
former
treatise
.
And
if
all
this
which
he
speaketh
here
,
concerning
the
qualities
of
the
person
to
be
dispensed
with
,
and
the
causes
inducing
dispensation
were
granted
:
can
he
thereby
gather
dispensations
for
mo
benefices
to
be
vnlawfull
?
Truelic
he
must
first
presume
without
proofe
,
and
against
all
reason
,
that
all
or
the
most
of
these
are
neglected
in
granting
dispensations
,
before
the
other
will
follow
.
But
euen
here
he
standeth
vpon
an
vnsure
ground
,
and
deliuereth
that
which
is
not
true
.
For
he
saith
that
A
man
qualified
and
in
all
respects
capable
of
a
dispensation
,
may
not
enioy
the
same
without
iust
cause
warranted
by
lawe
.
Whereas
his
owne
author
Rebuff
.
Rebuff
.
de
disp.
ad
plura
.
nu.
43.
dooth
teach
him
,
that
amongst
diuerse
causes
to
induce
a
dispensation
,
the
excellencie
or
prerogatiue
and
qualities
of
the
person
,
as
knowledge
and
nobilitie
of
birth
,
are
of
the
first
and
cheefe
causes
thereof
:
not
that
both
these
must
necessarilie
concurre
and
ioine
in
euerie
seuerall
person
,
but
that
either
of
them
by
canon
(
especiallie
learning
)
may
suffice
.
In
which
respect
[
](A19392-e114320-b)*
*
In
c.
de
multa
Ext.
de
prebend
.
vlt.
notab
.
Panormitane
saith
:
Note
it
well
,
that
learned
men
are
matched
here
with
noblemen
or
gentlemen
by
birth
.
And
so
the
church
ought
to
honour
learned
personages
not
onelie
in
word
but
indeed
,
as
in
prouiding
more
liberallie
to
helpe
and
releeue
them
by
the
churches
reuenues
,
than
for
others
not
so
learned
.
And
this
is
the
reason
hereof
,
bicause
learning
dooth
not
onelie
profit
the
owner
,
but
also
the
vniuersall
church
.
For
the
world
cannot
be
gouerned
without
learned
men
,
as
it
is
to
be
seene
Auth.
hibita
C.
ne
filius
pro
patre
.
And
another
law
saith
,
that
the
vniuersall
church
requireth
greatlie
learned
men
for
the
better
gouerning
of
it
.
C.
cum
ex
eo
.
de
elect
.
in
6.
And
the
said
author
in
another
[
](A19392-e114350-b)*
*
Panormit
.
in
c.
innotuit
Ext.
de
elect
in
6.
notab
.
place
plainelie
decideth
,
that
the
prerogatiue
and
qualities
of
the
person
,
is
a
sufficient
reason
wherevpon
to
ground
this
dispensation
.
Where
the
text
.
c.
innotuit
,
Ext
de
elect
.
saith
,
That
for
the
prerogatiue
of
the
person
,
he
may
be
postulated
,
it
is
to
be
noted
that
the
onelie
excellencie
of
deserts
is
sufficient
to
induce
the
prince
(
or
him
that
hath
authoritie
)
to
dispense
,
although
the
necessitie
of
the
church
or
euident
vtilitie
doo
not
concurre
therewith
.
Neither
dooth
this
Canon
saie
,
that
all
those
qualities
there
reckoned
,
must
necessarilie
concur
in
euerie
dispensation
:
for
then
should
it
be
requisite
also
,
that
some
about
him
which
dispenseth
,
should
haue
knowne
the
partie
at
schoole
or
in
the
vniuersities
.
Neither
yet
dooth
any
thing
by
him
brought
in
this
place
,
giue
any
pretext
or
resemblance
to
disanull
a
dispensation
for
him
,
in
whom
these
qualities
shall
not
be
found
,
as
the
Abstractor
gathereth
,
before
any
such
matter
be
scattered
.
13.
Section
.
Pag.
127
,
128
,
129.
THe
Abstractor
cannot
inforce
vpon
these
woordes
,
When
reason
shall
require
,
a
dispensation
may
be
granted
,
that
therefore
not
onelie
the
qualities
requisite
,
but
some
cause
besides
them
must
concur
:
bicause
it
is
shewed
before
,
that
the
qualities
of
the
person
to
be
dispensed
with
,
is
of
it selfe
a
cause
sufficient
there
vnto
.
The
next
place
to
this
,
which
he
quoteth
,
is
impertinent
to
this
purpose
of
dispensation
for
pluralitie
,
and
onelie
speaketh
of
a
iust
cause
of
commutation
of
a
vow
;
and
so
dooth
the
other
chapter
which
he
saith
,
is
so
Plaine
and
euident
.
For
the
decision
there
,
is
,
that
Forsomuch
as
the
cause
wherevpon
the
vow
was
vndertaken
,
did
cease
,
therefore
the
vow
it selfe
being
the
effect
,
might
the
more
easilie
cease
,
and
be
conuerted
into
other
godlie
exercises
:
so
far
is
it
from
proofe
,
that
There
must
be
some
speciall
cause
knowne
,
for
the
which
euerie
dispensation
is
to
be
granted
,
to
the
which
purpose
it
is
brought
.
And
he
hauing
no
better
prooued
than
you
haue
heard
,
that
there
must
be
good
and
iust
cause
of
a
dispensation
;
dooth
euen
as
slenderlie
shew
what
those
causes
be
.
For
the
decision
of
that
chapter
,
which
to
that
end
he
quoteth
,
is
not
so
,
that
Vrgent
necessitie
and
euident
vtilitie
of
the
church
are
causes
of
granting
these
dispensations
which
we
speake
of
:
but
that
for
those
causes
the
pope
did
tollerate
one
to
continue
Archbishop
of
Capua
,
which
was
chosen
therevnto
,
though
his
learning
were
not
exquisite
,
but
onelie
competent
.
The
foure
examples
of
dispensations
which
he
laieth
downe
grounded
vpon
causes
sufficient
,
&
by
him
borrowed
out
of
the
canon
law
,
cannot
by
any
possibilitie
prooue
that
which
he
intends
,
that
no
dispensation
whatsoeuer
in
any
case
may
be
granted
,
but
vpon
cause
;
and
much
lesse
that
Vrgent
necessitie
and
euident
vtilitie
,
be
those
causes
and
the
onlie
causes
of
all
dispensations
,
(
for
his
owne
author
Rebuff
.
reckoneth
foure
causes
of
this
dispensation
.
)
Or
yet
that
these
causes
(
as
he
gathereth
)
doo
signifie
nothing
else
,
but
The
well
gouerning
of
the
soules
of
the
people
.
But
it
is
not
to
be
omitted
,
that
the
Abstractor
here
contrarie
to
himselfe
afore
alloweth
of
dispensations
with
such
lawes
,
whose
reasons
are
grounded
vpon
the
law
of
nature
or
of
God
;
yea
,
euen
to
dispense
with
that
,
which
is
Vnlawfullie
taken
,
onlie
by
colour
Contrarietie
to
himselfe
.
of
an
Vnreasonable
custome
beeing
void
in
lawe
.
First
,
the
refusall
to
receiue
moonks
to
cure
of
soules
,
who
(
as
an
ancient
father
saith
)
had
Officium
plangentium
,
non
docentium
,
were
to
moorne
not
to
teach
,
and
were
in
those
daies
meere
laie
men
,
or
the
refusall
of
any
other
laie
man
whomsoeuer
,
is
grounded
vpon
that
scripture
,
Let
no
man
minister
but
he
that
is
lawfullie
called
,
as
was
Aaron
:
and
let
him
not
be
a
yoong
scholar
.
Yet
I
must
put
the
Abstractor
in
mind
,
that
he
mistaketh
the
matter
,
when
he
thinketh
that
such
had
dispensation
for
the
Gouernement
of
a
Ignorance
in
the
Abstractor
.
church
with
cure
of
soules
,
they
remaining
still
laie
men
.
For
Exlaico
and
Ex
monacho
doo
onlie
signifie
that
it
was
against
the
generall
canons
,
suddenlie
without
great
cause
to
prefer
such
from
meere
laie
men
to
the
order
of
the
ministerie
,
and
so
to
a
Bishoprike
,
or
other
cure
of
soules
,
before
they
had
serued
as
clearks
in
other
inferior
orders
and
ministrations
.
For
by
the
opinion
of
Fisher
,
euen
at
the
common
[
](A19392-e114620-b)*
*
21.
H.
7.
3.
law
an
act
of
parlement
cannot
inable
a
laie
man
so
remaining
to
become
a
parson
of
a
church
,
bicause
it
is
a
matter
meere
spirituall
:
although
the
parlement
(
as
Vauisoure
thinketh
)
may
take
order
in
such
spirituall
matters
as
are
mixt
with
temporall
causes
.
Likewise
the
prohibition
of
ordering
the
sonne
of
a
professed
nonne
,
is
grounded
vpon
those
canons
of
integritie
required
in
all
ecclesiasticall
men
which
are
set
downe
by
S.
Paule
,
which
is
greatlie
blemished
and
stained
by
the
fault
of
such
parents
.
As
for
that
generall
asseueration
,
which
without
all
proofe
or
weighing
of
any
circumstances
,
he
vseth
against
all
inioyeng
of
mo
benefices
,
as
simplie
vnprofitable
at
all
times
to
the
church
,
when
he
shall
deliuer
his
proofes
of
it
,
shall
either
be
answered
or
yeelded
vnto
,
and
in
the
meane
time
is
as
easilie
reiected
,
as
it
is
by
him
boldlie
auouched
.
But
although
it
did
not
carrie
with
it
an
vrgent
necessitie
or
euident
vtilitie
of
the
church
,
yet
hereof
it
dooth
not
follow
,
that
a
dispensation
to
that
end
is
vnlawfull
.
Bicause
he
can
neuer
prooue
them
to
be
onlie
causes
of
that
dispensation
:
for
that
the
law
rehearseth
diuerse
other
causes
of
dispensations
in
generall
,
and
they
are
gathered
by
the
glosse
vpon
that
verie
canon
,
which
in
this
section
he
alledgeth
.
A
dispensation
is
granted
(
saith
the
[
](A19392-e114660-b)*
*
Gl.
in
verb.
vt
plerisque
in
fine
1.
q.
c.
requiritis
.
glosse
)
when
necessitie
or
vtilitie
requireth
Infra
.
eo
.
tali
.
Also
sometimes
a
dispensation
is
granted
,
bicause
a
greter
euill
is
feared
,
in
which
respect
the
Englishmen
were
dispensed
with
35.
q.
3c
.
quaedam
lex
§
.
quod
scripsi
.
Also
sometimes
for
some
good
to
insue
,
as
when
we
dispense
with
heretikes
,
that
other
may
more
easilie
returne
to
the
church
,
23.
q.
4.
c.
ipsapietas
.
Also
sometimes
for
the
multitude
and
for
auoiding
of
offense
,
c.
vt
constitueretur
.
50.
dist.
And
the
same
canon
rehearseth
other
considerations
and
inducements
to
dispense
:
as
mercie
,
pietie
in
the
person
,
the
circumstance
of
time
,
and
the
euent
of
the
matter
.
Insomuch
*
that
another
glosse
dooth
thus
gather
:
When
as
Gl.
in
verb.
causae
c.
exigun●
.
1.
q.
7.
rigor
and
extremitie
is
of
one
part
,
and
mercie
of
the
other
,
the
iudge
ought
rather
to
follow
mercie
.
c.
2.
Extra
.
de
sortileg
.
&
l.
placuit
C.
de
iudic
.
So
that
it
seemeth
a
dispensation
is
a
due
,
bicause
the
precept
of
mercie
is
common
to
all
,
c.
non
satis
86.
dist.
Which
I
grant
that
indeed
sometimes
it
is
due
,
&
the
iudge
should
offend
,
which
in
that
case
would
not
dispense
,
though
no
law
be
set
downe
wherby
we
may
demand
a
dispensation
.
But
bicause
both
schoolemen
and
some
few
lawyers
,
who
handle
this
matter
,
doo
varie
diuerslie
one
from
another
,
and
confusedlie
speake
concerning
the
causes
of
dispensations
,
I
doo
take
it
woorth
the
labor
,
vpon
due
weieng
of
all
their
reasons
and
allegations
,
to
reduce
them
thus
brieflie
to
an
harmonie
.
In
Dispensations
of
méere
Grace
and
fauor
,
which
are
such
as
the
prince
may
lawfullie
gratifie
one
man
in
,
and
denie
vnto
another
,
as
are
indenizations
,
legitimations
,
pardoning
or
remitting
the
penalties
for
faults
not
verie
heinous
:
there
is
not
anie
[
](A19392-e114770-b)a
a
L.
1.
ff.
d●
constit
.
princip.
it
.
Authent
.
quibus
mod.
natur
.
efficiantur
legit
.
&
quibus
modis
.
sui
&
C.
de
sententiam
passis
.
necessitie
,
either
in
court
of
conscience
,
or
in
the
ciuill
court
of
man
to
the
dispenser
or
dispensed
,
that
they
should
proceed
vpon
anie
cause
more
than
of
méere
bountie
of
the
souereigne
prince
,
who
onelie
hath
this
authoritie
;
seeing
it
is
to
be
intended
,
that
the
people
and
lawes
of
euery
countrie
,
in
these
and
other
small
matters
haue
yéelded
this
[
](A19392-e114780-b)b
b
Arg.
l.
scioff
.
de
minoribus
.
power
vnto
their
souereigne
princes
.
But
touching
those
Dispensations
,
which
are
called
of
Iustice
,
they
are
conuersant
either
about
the
law
of
God
and
nature
,
or
about
the
positiue
law
of
man
.
In
the
lawes
of
God
and
nature
there
is
no
relaxation
of
the
bond
of
them
,
(
which
none
but
God
himselfe
may
doo
)
yet
there
may
be
vpon
good
grounds
a
declaration
and
interpretation
,
that
the
generalitie
of
the
words
doo
not
in
deed
extend
to
some
especiall
cases
.
As
although
Gods
law
doo
indefinitelie
require
credit
to
be
giuen
to
two
witnesses
:
yet
is
this
generalitie
,
by
mans
law
rightlie
declared
not
to
haue
[
](A19392-e114810-b)c
c
c.
relatum
,
1.
&c.
cum
esses
.
Ext.
de
testamentis
.
§.
1.
instit
d.
it
.
place
,
where
such
two
witnesses
are
but
children
,
and
haue
not
atteined
the
yeares
of
diseretion
,
to
accept
of
an
oth
.
By
the
law
of
God
it
is
commanded
,
that
he
that
killeth
,
should
himselfe
be
done
to
death
:
yet
[
](A19392-e114820-b)d
d
L.
v.
vim
.
ff.
de
iust
.
&
iure
&
ibi
.
gl
.
&
DD.
is
this
truelie
interpreted
not
to
haue
place
,
where
a
man
killeth
in
his
owne
necessarie
defense
.
Yea
,
not
onelie
in
the
defense
of
his
person
,
is
this
thought
not
vnlawfull
,
but
[
](A19392-e114830-b)e
e
Iason
.
in
d.
l.
qui
dicit
eam
esse
comet
.
&
Diaz
.
reg.
597.
also
in
the
defense
of
his
goods
:
although
[
](A19392-e114840-b)f
f
Felni
.
c.
2.
Ext.
de
homicidio
.
some
other
,
not
so
truelie
,
doo
hold
in
this
case
the
contrarie
.
The
generall
commandement
of
absteining
from
labor
in
the
obseruation
of
the
sabaoth
,
is
declared
by
our
sauiour
Christ
,
not
to
bind
nor
to
haue
place
in
the
priests
occupied
about
the
sacrifices
in
the
temple
,
nor
in
the
necessarie
works
of
christian
charitie
,
neither
did
reach
vnto
those
Iewes
who
were
forced
by
their
enimies
(
watching
the
opportunitie
of
that
time
)
to
fight
and
defend
themselues
from
violence
euen
vpon
that
day
.
And
it
is
in
[
](A19392-e114850-b)a
a
L.
omnes
C.
defer●●s
.
some
cases
euen
by
mans
law
,
not
wronglie
declared
to
cease
.
The
precept
of
obeieng
our
parents
,
is
aright
interpreted
to
haue
no
[
](A19392-e114860-b)b
b
L.
Lucius
ff.
de
condit
.
&
demonstr.
L.
nepos
.
ff.
de
verb.
signif.
L.
filius
ff.
de
cond.
instit
.
l.
reprehendc̄da
.
C.
de
insti
.
&
subst.
&
ibi
.
DD.
place
where
the
father
commandeth
anie
vnlawfull
or
dishonest
thing
.
The
commandement
of
kéeping
our
oth
is
not
so
generall
,
but
that
it
is
[
](A19392-e114870-b)c
c
L.
non
dubium
C.
de
legibus
l.
fin
.
C.
de
non
numer
.
pecu
.
c.
non
est
obligator
de
reg.
iu●
is
in
6.
declared
rightlie
to
cease
,
where
it
should
otherwise
bind
vs
to
performe
an
vnlawfull
thing
.
And
although
by
the
law
of
God
and
of
nature
[
](A19392-e114880-b)d
d
L.
manumissiones
ff.
de
institia
&
iure
.
inst.
de
iure
personarum
.
euerie
man
is
borne
free
,
according
to
that
of
the
Psalmist
;
Thou
hast
subdued
all
things
vnder
his
feet
:
yet
hath
the
law
[
](A19392-e114900-b)e
e
Ibidem
.
of
nations
not
vngodlilie
attempered
this
,
and
declared
bondage
vpon
good
occasions
to
be
lawfull
:
least
otherwise
those
which
be
ouercome
in
warre
,
should
without
mercie
be
put
to
the
sword
.
For
S.
Paule
saith
:
Art
thou
bond
?
seeke
not
to
be
loosed
.
By
the
law
of
nature
and
of
nations
,
traffike
betwixt
man
and
man
ought
to
be
frée
:
yet
hath
law
positiue
[
](A19392-e114930-b)f
f
C.
ne
Iudeus
Christ
.
mancipium
l.
inter
stipulantem
ff.
de
verb.
oblig
.
§.
sacram
&
ibi
.
DD.
iustlie
declared
the
said
law
in
some
cases
to
cease
.
It
is
of
the
law
of
nature
,
to
haue
him
called
and
cited
to
be
present
at
anie
act
,
who
may
be
interessed
or
preiudiced
thereby
:
yet
the
souereigne
prince
vpon
good
cause
,
vsing
that
right
which
is
in
him
,
although
it
may
indirectlie
turne
to
the
harme
of
another
,
may
[
](A19392-e114940-b)g
g
Gl.
in
l.
an●ep
.
ff.
ex
quibus
causis
maior
.
quàm
dicit
com
.
approbari
Fely.
c.
eccles.
Ext.
de
constitut.
infranchise
another
mans
bondslaue
,
the
maister
not
being
called
.
By
which
examples
it
appeareth
,
that
albeit
princes
,
and
other
iudges
,
who
are
all
inferior
to
the
law
of
God
and
of
nature
,
cannot
dispense
with
them
vpon
anie
cause
by
releasing
the
bond
of
them
:
yet
vpon
good
and
sufficient
grounds
in
such
cases
as
be
euidentlie
of
that
nature
,
which
by
most
strong
arguments
we
may
gather
that
God
himselfe
would
not
haue
included
in
the
generalitie
of
his
law
,
interpretation
,
declaration
,
and
limitation
may
be
made
of
them
.
And
this
is
one
kind
of
[
](A19392-e114950-b)a
a
Decius
cons.
112.
&
in
c.
que
in
ecclesiarum
Ext.
de
costi●utionibus
.
dispensation
of
iustice
,
largelie
so
called
,
whereby
the
bond
of
the
law
is
not
released
,
but
the
law
is
interpreted
in
such
case
not
to
haue
place
according
to
the
true
meaning
of
it
.
But
yet
with
this
moderation
,
that
we
neuer
so
intend
and
presume
for
the
sufficiencie
of
the
causes
,
where
vpon
such
declaration
of
the
law
of
God
and
of
nature
is
supposed
to
be
grounded
:
but
that
for
stopping
of
a
dangerous
step
vnto
tyrannie
and
blasphemie
,
proofes
to
the
contrarie
must
alwaies
be
admitted
,
if
anie
may
be
brought
.
Now
,
in
that
other
member
of
Dispensations
of
iustice
,
more
properlie
so
called
,
which
are
bestowed
about
the
positiue
lawes
of
man
,
we
haue
to
obserue
two
seuerall
varieties
.
One
is
,
when
the
generall
force
and
obligation
of
the
law
remaining
,
yet
the
reason
thereof
in
some
particular
case
dooth
cease
,
which
may
and
ought
to
be
by
the
souereigne
prince
or
other
inferiour
iudge
so
declared
.
Another
is
,
when
as
the
law
is
grounded
vpon
diuerse
reasons
.
For
then
,
though
one
or
two
of
such
reasons
doo
cease
,
yet
in
regard
of
those
reasons
thereof
,
which
doo
remaine
,
the
law
shall
still
reteine
his
force
.
Nay
,
though
the
positiue
law
of
man
be
enuious
,
as
[
](A19392-e114970-b)b
b
L.
vnica
.
C.
de
caducis
tollend
.
was
Lex
Papia
,
verie
[
](A19392-e114990-b)c
c
L.
prospexerit
ff.
qui
&
a
quibus
.
grieuous
and
hard
,
or
such
as
the
reason
thereof
is
wholie
ceased
,
yet
shall
the
disposition
and
life
of
it
continue
,
and
howsoeuer
the
execution
thereof
perhaps
may
be
intermitted
,
yet
is
not
the
law
thereby
taken
awaie
and
extinguished
,
but
is
[
](A19392-e115000-b)d
d
L.
vnica
in
principio
.
C.
de
caduc
.
tollend
.
onelie
Sopita
(
as
it
were
)
laid
asleepe
for
a
time
,
So
that
if
the
like
necessitie
happen
,
for
the
which
such
a
law
was
first
established
,
it
shall
reuiue
againe
without
anie
new
enacting
,
which
it
[
](A19392-e115020-b)e
e
L.
inter
slipulantem
§.
sacram
.
ff.
de
ver.
oblig
.
could
not
doo
if
it
were
wholie
extinguished
.
For
otherwise
,
if
euerie
priuate
man
might
take
vpon
him
to
decide
,
when
and
how
the
reason
of
his
superiors
law
dooth
wholie
cease
,
and
that
thereby
the
law
might
be
said
to
be
extinguished
and
abrogated
;
which
kind
of
interpretation
[
](A19392-e115030-b)*
*
L.
fin
.
C
,
de
legibus
.
dooth
onlie
belong
to
the
souereigne
prince
,
or
to
such
as
he
committeth
it
vnto
:
then
verelie
in
this
last
case
,
there
should
need
no
dispensation
,
though
(
in
the
meane
time
)
such
libertie
would
bréed
a
great
confusion
,
and
an
open
contempt
of
all
lawes
.
Howveit
I
haue
declared
alreadie
,
that
wheresoeuer
the
generall
law
dooth
remaine
,
though
in
some
particular
case
it
doo
cease
:
that
there
(
as
in
the
other
cases
here
alledged
)
this
Dispensation
is
needfull
,
and
ought
not
in
right
to
be
denied
;
for
the
which
cause
it
is
also
called
,
A
dispensation
of
iustice
.
Besides
these
,
there
is
a
third
kind
of
dispensation
mixt
of
both
:
as
taking
some
part
of
that
which
is
called
Of
grace
,
bicause
he
that
hath
authoritie
to
dispense
hereby
,
is
not
in
waie
of
iustice
preciselie
compellable
to
grant
it
:
and
borrowing
other
some
part
of
that
,
which
is
called
Of
iustice
,
bicause
this
ought
not
to
be
granted
simplie
,
but
vpon
iust
cause
:
by
reason
that
the
positiue
lawes
of
man
,
about
which
onelie
this
dispensation
is
conuersant
by
common
intendement
,
are
enacted
for
some
publike
vtilitie
and
benefit
.
So
that
without
good
ground
,
a
man
ought
not
to
be
exempted
from
the
generall
charge
of
the
common-welth
,
which
other
are
to
suffeine
:
speciallie
when
such
his
exemption
shall
be
burdensome
to
others
.
This
last
sort
of
dispensations
may
be
defined
to
be
A
release
in
some
especiall
case
and
certeine
persons
of
the
generall
bond
,
and
reason
of
a
positiue
law
,
by
him
that
hath
authoritie
therevnto
.
And
this
authoritie
must
either
be
committed
expreslie
,
or
is
couertlie
implied
to
be
attributed
vnto
a
souereigne
prince
:
either
by
the
operation
of
the
law
,
as
when
[
](A19392-e115090-b)*
*
L.
d.
C.
de
legibus
.
such
souereigne
is
the
lawgiuer
himselfe
;
or
by
presumed
intention
,
that
they
which
made
the
law
,
meant
to
yeeld
power
of
dispensing
with
the
rigor
and
extremitie
of
it
vnto
him
in
all
[
](A19392-e115100-b)*
*
Arg.
ex
gl
.
§.
fina
.
l.
tale
pactum
ff.
de
pactis
.
such
cases
,
as
by
likelihood
and
probabilitie
they
themselues
would
haue
dispensed
with
,
if
they
had
bene
in
particular
it
ie
opened
and
recounted
vnto
them
,
at
the
first
establishing
of
it
.
But
an
inferiour
,
vnto
whom
anie
such
authoritie
is
expresselie
(
yet
without
full
power
and
authoritie
)
committed
,
is
to
follow
in
all
points
the
direction
of
his
commission
,
or
where
the
same
is
defectiue
,
the
common
positiue
law
concerning
the
ruling
and
guiding
of
such
dispensations
.
And
this
same
presumed
intention
of
the
meaning
of
the
lawemakers
,
is
the
most
proper
cause
that
(
in
my
iudgement
)
can
be
assigned
generallie
of
euerie
dispensation
of
this
qualitie
and
condition
.
Now
,
when
[
](A19392-e115120-b)a
a
c.
si
quis
culpatur
.
23.
q.
1.
c.
in
pres
.
de
renunciat
.
gl
.
in
c.
ad
aures
de
temp.
ord.
in
c.
2.
de
maior
.
&
obed.
Cynus
,
&
Bart.
in
l.
fin
.
C.
Si
contra
ius
vel
vtil.
Fely.
nu.
60.
Dec.
nu.
24.
in
c.
quae
in
cccle
.
Ext.
de
constitut.
a
souereigne
prince
dooth
dispense
with
any
positiue
law
of
man
,
the
lawe
teacheth
vs
to
intend
and
presume
,
both
that
there
is
a
cause
why
he
should
so
doo
;
and
that
the
same
cause
is
iust
and
sufficient
:
insomuch
that
[
](A19392-e115130-b)b
b
Anchor
cons.
288.
Fulgos
.
cons.
143.
Loazes
pag.
371.
no
proofe
to
the
contrarie
of
this
presumption
may
be
admitted
as
some
doo
hold
:
but
if
he
doo
dispense
with
such
a
law
of
man
as
hath
some
necessarie
and
neere
coherence
with
the
law
of
God
or
of
nature
,
as
(
for
example
sake
we
may
assigne
lawes
for
distribution
of
almes
and
other
beneficence
to
the
poore
,
godlie
bequests
and
deuises
of
the
dead
vnto
good
vses
)
without
a
good
and
sufficient
cause
in
déed
:
though
both
the
dispenser
,
and
he
which
is
dispensed
with
in
vsing
of
it
,
doo
in
the
inward
court
of
conscience
and
before
God
offend
,
yet
neuerthelesse
that
verie
relaxation
of
the
bond
there
of
,
being
onlie
of
man
,
shall
stand
so
farre
foorth
good
and
effectuall
,
as
that
the
acts
[
](A19392-e115140-b)c
c
Fely.
vt
supra
.
nu.
6.
Bart.
post
.
gl
.
in
l.
relegati
ff.
de
.
poenis
.
which
by
vertue
thereof
are
doone
,
shall
be
in
the
court
of
man
auailable
,
and
not
to
be
impugned
.
Yea
by
the
opinion
of
some
verie
well
learned
,
such
acts
doone
shall
be
of
force
[
](A19392-e115150-b)d
d
Syluest.
rer.
Papa
que
.
15
euen
in
the
inward
court
of
a
mans
soule
and
conscience
.
For
example
wherof
they
bring
a
dispensation
granted
without
any
cause
,
for
the
mainteining
and
sirengthening
of
a
clandestine
matrimonie
contracted
:
which
is
condemned
iustlie
by
the
law
of
man
,
vpon
verie
good
and
pithie
reasons
.
And
howsoeuer
both
the
parties
themselues
(
saie
they
)
haue
offended
therin
,
first
in
so
contracting
,
&
then
in
vsing
a
dispensation
,
vpon
no
iust
ground
:
and
he
also
that
shall
condescend
to
dispense
with
it
,
being
mooued
with
no
good
reason
therevnto
:
yet
the
matrimonie
shall
be
of
force
,
and
the
issue
thereof
is
in
both
courts
legitimate
.
And
whereas
[
](A19392-e115160-b)a
a
Fortun
in
l.
Gallus
§.
&
quid
si
tantum
ff.
de
l.
&
post
.
some
doo
seeme
to
be
of
contrarie
opinion
héerein
,
which
thinke
such
a
dispensation
granted
without
cause
,
not
to
enable
any
act
to
be
of
force
,
which
is
done
by
vertue
thereof
:
their
opinion
is
thought
not
to
be
sound
,
except
it
be
vnderstood
of
an
inferiour
that
shall
by
commission
haue
a
limited
and
not
full
authoritie
from
the
souereigne
to
dispense
,
[
](A19392-e115170-b)b
b
Innoc.
in
c.
cum
ad
monasterium
de
statu
regulaerium
,
&
in
c.
dudum
2.
Ext.
de
electio
.
bicause
such
a
dispensation
from
him
cannot
be
of
any
validitie
either
in
the
one
court
or
the
other
,
except
it
be
warranted
as
procéeding
vpon
some
good
cause
.
For
we
are
not
by
law
to
presume
and
intend
for
the
goodnesse
and
sufficiencie
of
the
[
](A19392-e115180-b)c
c
Fely.
in
c.
que
in
ecclesiarum
Ext.
de
constitut.
gl
.
&
DD.
in
L.
relegati
ff.
de
poenis
.
&
est
com
.
opinion
Loazes
in
loco
citato
.
cause
for
any
dispensation
,
passed
by
an
inferiour
not
endowed
with
full
power
and
authoritie
,
vnlesse
it
doo
so
appeare
indéed
.
Now
,
on
the
other
side
,
if
he
that
hath
authoritie
(
be
he
souereigne
or
inferiour
)
doo
grant
a
dispensation
without
any
reasonable
cause
,
about
such
a
law
as
is
méerelie
positiue
,
and
hauing
none
immediate
or
néere
relation
vnto
the
law
of
God
or
of
nature
:
then
,
albeit
he
in
so
dispensing
[
](A19392-e115190-b)d
d
Ber.
in
c.
non
est
,
Ext.
de
vnto
.
Thom.
1.
2.
q.
97.
ar.
4.
dooth
offend
(
by
breaking
that
right
and
equabilitie
of
the
law
intended
to
publike
good
,
and
which
is
common
to
all
)
in
fauour
of
one
,
yea
and
that
without
any
iust
cause
of
preheminence
to
him
aboue
other
:
yet
he
that
vseth
such
dispensation
(
especiallie
if
it
be
without
greeuous
offense
giuen
,
and
direct
damage
of
others
)
dooth
not
[
](A19392-e115200-b)e
e
Gl.
in
ver.
execrabilis
Ext.
execrab
.
de
praebend.
Fely.
c.
ad
audientiam
2.
de
rescriptis
.
Gigas
de
pensi
.
q.
6.
nu.
13.
offend
against
a
good
conscience
,
but
may
lawfullie
inioy
it
,
bicause
he
is
by
the
same
authoritie
deliuered
from
the
bond
of
that
law
,
by
the
which
he
stood
bound
,
as
is
euident
in
the
verie
matter
of
pluralitie
and
dispensation
which
we
haue
in
hand
.
And
according
to
these
distinctions
are
all
those
things
to
be
vnderstood
,
which
to
like
purpose
(
here
and
there
in
this
treatise
)
as
occasion
was
or
shall
be
offered
,
are
by
me
vttered
:
whereby
the
grounds
and
causes
wherevpon
all
dispensations
and
exemptions
may
lawfullie
and
safelie
be
granted
and
vsed
,
according
to
the
more
sound
opinion
of
the
best
learned
lawyers
and
schoolemen
,
may
partlie
I
hope
with
some
plainenesse
be
discouered
.
But
if
it
should
be
asked
in
which
degrée
and
sort
of
these
three
dispensations
,
those
for
pluralities
,
which
by
statute
of
the
realme
are
committed
to
the
Archbishop
of
Canturburie
,
ought
to
be
placed
?
Truelie
in
consideration
that
both
they
and
other
dispensations
by
him
to
be
granted
are
there
so
bounded
for
the
matters
themselues
,
and
for
the
persons
,
though
not
for
the
maner
of
procéeding
,
&
are
so
exacted
of
him
to
passe
them
where
iust
cause
appeareth
,
that
if
he
shall
refuse
to
dispense
,
then
this
power
and
authoritie
giuen
by
the
whole
church
and
the
realme
to
him
,
shall
be
deuolued
ouer
to
others
:
I
cannot
see
,
but
that
they
are
to
be
reckoned
either
amongst
those
Dispensations
of
iustice
,
which
are
conuersant
about
the
positiue
lawes
of
man
,
or
amongst
such
as
be
mixt
of
both
.
14.
Section
.
Pag.
129
,
130
,
131
,
132
,
133
,
134
,
135.
HEere
the
Abstractor
fansieth
,
that
he
hath
so
battered
vs
with
his
canons
,
that
we
must
be
forced
to
raise
a
rampier
of
our
statutes
,
to
make
vp
the
breach
:
whereas
in
truth
his
forces
were
nothing
but
a
volée
of
colubrines
,
puffed
and
hissed
off
with
serpentine
powder
of
a
spitefull
toong
,
fitter
to
scare
children
,
than
to
atchiue
anie
such
enterprise
.
Where
vpon
this
neuerthelesse
may
be
gathered
,
that
he
imagineth
there
is
cause
,
whie
it
should
be
thought
that
the
statutes
of
the
realme
are
more
loose
in
permitting
pluralities
(
which
he
so
detesteth
)
than
the
verie
canon
law
it selfe
.
He
answereth
this
point
of
our
statutes
,
which
establisheth
dispensations
with
a
wish
and
a
praier
,
That
these
lawes
might
be
respected
,
and
that
the
law
of
England
might
rule
an
English
man
in
this
case
.
Pag.
126
But
whie
dooth
he
then
inforce
(
as
afore
)
that
they
must
receiue
interpretation
and
addition
from
the
common
ecclesiasticall
law
?
And
whie
dooth
he
seeke
to
deface
them
as
Inconstancie
.
vngodlie
,
contrarie
to
nature
,
and
permitting
things
vnlawfull
?
Whereby
he
would
steale
awaie
.
The
clappers
of
these
bels
that
they
should
not
sound
,
and
would
vntie
their
bands
,
which
should
tie
him
and
others
more
short
vp
to
the
obseruation
and
due
estimation
of
them
.
For
if
there
be
anie
lawes
that
doo
not
Sound
or
bind
,
they
are
such
especiallie
,
as
he
&
his
clients
not
onlie
dailie
breake
,
but
doo
gnaw
vpon
in
their
conuenticles
,
and
barke
at
in
their
publike
speeches
.
And
here
this
wrangler
confesseth
in
discourse
which
he
denieth
in
the
title
of
his
treatise
,
that
some
Dispensations
are
tollerable
for
qualified
men
in
cases
of
necessitie
,
of
conueniencie
,
for
the
honor
of
hir
Highnesse
person
,
and
being
warranted
by
scripture
.
Touching
the
first
of
these
,
the
statute
in
truth
restraineth
it
to
dispensations
vnto
the
princes
person
in
cases
vnwoont
,
but
not
contrarie
to
the
law
of
God
.
Concerning
the
second
,
the
words
of
the
statute
,
Are
necessarie
,
&c:
vpon
due
examinations
of
the
causes
and
qualities
of
the
persons
,
which
after
is
left
in
some
part
to
the
Archbishops
discretion
.
The
Falsification
.
third
is
more
wressed
than
the
former
;
for
the
words
are
thus
:
Not
contrarie
or
repugnant
to
the
holie
scriptures
and
lawes
of
God
.
In
stéed
whereof
(
he
saith
)
they
must
be
warranted
by
them
.
Whereas
in
truth
manie
things
be
not
contrarie
nor
repugnant
:
to
Gods
word
,
which
are
not
positiuelie
and
expresselie
warranted
there
,
otherwise
than
that
nothing
is
to
the
contrarie
.
And
no
lesse
than
the
former
,
is
that
vntrue
and
contrarie
to
the
statute
,
where
in
saieng
that
the
Archbishop
may
dispense
if
he
will
in
some
cases
not
contrarie
to
the
word
,
he
would
insinuate
that
he
needeth
not
at
any
time
ercept
he
list
.
And
these
things
thus
by
him
corrupted
,
he
dooth
before
he
come
to
his
breefe
reasons
,
recapitulate
as
falselie
almost
as
he
had
done
before
.
The
Minor
of
his
first
syllogisme
of
the
three
,
being
vnture
and
to
be
denied
,
wherein
he
assumeth
the
Hauing
of
manie
benefices
,
or
non
residencie
,
to
be
repugnant
to
the
lawes
of
God
,
though
he
haue
not
named
non
residencie
afore
,
he
telleth
vs
(
if
we
may
beléeue
him
)
that
he
hath
alreadie
prooued
By
infallible
conclusions
of
law
,
and
vndoubted
truthes
of
the
word
of
God
.
Yet
his
lawes
alledged
doo
not
once
mention
repugnancie
with
the
word
and
scripture
.
Pag.
121
And
out
of
scripture
to
this
purpose
he
hath
alledged
none
but
one
place
out
of
the
first
to
the
Corinthians
,
that
ministers
ought
to
haue
maintenance
.
But
he
inforceth
this
matter
by
this
argument
,
as
I
doo
gather
it
:
Whatsoeuer
cause
or
matter
is
repugnant
to
the
word
of
God
,
is
by
statute
vndispensable
:
The
cause
or
matter
of
hauing
manie
benefices
,
is
repugnant
to
the
word
of
God
;
namelie
,
ambition
,
pride
,
couetousnes
,
perill
of
soules
,
&c:
Therefore
the
cause
or
matter
of
hauing
manie
benefices
,
is
by
statute
vndispensable
.
First
,
to
speake
to
the
matter
hereof
,
the
Minor
is
vntrue
,
bicause
the
sufficient
maintenance
of
the
minister
,
and
the
enioieng
of
a
preacher
rather
than
none
,
are
the
immediate
impulsiue
causes
of
permission
to
enioy
mo
benefices
.
But
if
pluralitie
should
be
an
efficient
cause
of
ambition
,
pride
,
couetousnes
,
perill
of
soules
,
&c:
which
it
cannot
be
(
otherwise
than
Per
accidens
by
indirect
occasion
)
then
are
these
vices
effects
of
it
,
and
not
they
causes
thereof
,
as
here
is
auowched
.
But
if
we
should
admit
these
crimes
to
be
causes
of
hauing
mo
benefices
,
then
would
I
grant
his
conclusion
,
that
the
Archbishop
may
not
dispense
with
those
enormities
:
whereof
neuerthelesse
will
not
follow
,
but
that
he
might
(
this
notwithstanding
)
dispense
with
hauing
of
mo
benefices
,
being
but
the
effect
as
he
supposeth
.
To
the
A
fallacie
of
equiuocation
.
forme
I
answer
,
that
it
is
Paralogisticall
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
vpon
the
diuersitie
of
signification
of
the
word
Cause
:
which
in
his
Maior
and
the
statute
,
is
taken
for
the
matter
it selfe
to
be
dispensed
with
,
so
it
be
not
repugnant
to
Gods
word
:
but
in
the
Minor
of
this
argument
,
it
is
taken
by
relation
to
the
effect
of
that
matter
,
which
is
to
be
dispensed
with
for
the
verie
reason
of
the
prohibition
it selfe
.
In
his
second
syllogisme
,
I
haue
shewed
afore
out
of
the
statute
,
that
the
Maior
is
by
him
fained
.
For
neither
is
any
mention
made
of
Peace
or
conseruation
,
neither
is
The
wealth
and
profit
of
the
realme
spoken
of
there
in
all
dispensations
absolutelie
,
but
in
cases
vnwoont
,
and
vnto
the
person
of
the
prince
.
And
yet
his
Minor
proposition
thereof
,
is
also
vnsufficientlie
vpholden
.
For
the
enioieng
of
two
benefices
,
is
as
far
off
from
making
vp
such
follie
and
wealthie
prelats
,
as
they
doo
seeme
onelie
vnto
the
left
enuious
eie
of
this
Detractor
;
as
this
assertion
is
from
the
truth
,
that
Hereby
stipendarie
curats
and
poore
ministers
are
kept
in
beggerie
.
For
it
may
be
their
allowance
is
according
to
the
measure
of
their
sufficiencie
,
and
it
is
verie
small
indeed
,
if
it
be
not
more
than
he
himselfe
thinketh
them
worthie
of
,
who
holdeth
most
of
such
curats
for
no
ministers
at
all
neither
in
fact
nor
lawe
.
But
if
it
were
granted
,
that
some
such
as
are
too
meanlie
prouided
for
,
might
be
placed
in
some
seuerall
benefices
that
are
enioied
by
another
:
dooth
he
thinke
that
the
releeuing
of
him
hereby
,
will
ease
the
common-wealth
,
or
profit
the
church
,
as
much
as
the
abridging
of
sufficient
maintenance
will
decaie
both
the
number
and
abilities
of
our
best
grounded
and
most
learned
diuines
,
who
are
onelie
fit
to
impugne
the
errours
and
heresies
of
poperie
and
of
other
sects
?
His
second
reason
of
proportion
drawne
from
diuerse
other
mysteries
and
trades
forbidden
to
be
exercised
by
one
rich
and
mightie
man
,
to
the
intent
to
prooue
that
a
damage
groweth
to
the
common-wealth
,
by
one
mans
enioieng
of
two
poore
benefices
,
which
can
be
accounted
indeed
but
one
trade
:
if
it
be
a
sound
reason
of
iustice
and
equitie
,
as
it
is
pretended
,
it
will
not
onelie
inferre
,
that
a
seuerall
gift
and
facultie
of
learning
is
required
for
euerie
seuerall
congregation
,
as
the
cunning
in
seuerall
trades
is
different
,
but
also
must
inforce
an
vnlawfulnesse
in
all
sorts
of
men
to
inioy
seuerall
lordships
,
or
any
inequalitie
of
possessions
and
substance
whatsoeuer
:
bicause
manie
of
The
poorer
sort
might
liue
of
such
possessions
in
one
mans
hand
,
well
and
honestlie
in
the
common-wealth
:
which
is
a
bitter
roote
of
the
wéed
of
Anabaptisticall
equalitie
and
communitie
.
The
last
reason
,
which
he
bringeth
for
proofe
of
his
second
Minor
,
is
taken
from
the
conueniencie
of
fulfilling
the
deads
wils
and
testaments
:
as
though
all
foundations
and
dotations
of
churches
,
had
béene
by
last
wils
and
testaments
onelie
established
,
and
as
though
they
had
especiallie
regarded
by
their
said
wils
the
seruing
of
those
churches
by
pastors
continuallie
resiant
,
and
not
hauing
anie
liuing
elsewhere
.
But
(
I
praie
you
)
how
was
it
lawfull
for
the
latter
men
to
alter
the
wils
of
the
former
founders
,
by
making
new
distinctions
of
parishes
and
allotments
of
liuings
,
if
other
parishes
and
liuings
were
established
before
(
as
he
absurdlie
seemeth
to
fansie
)
euen
by
God
himselfe
?
And
why
should
he
be
so
carefull
for
the
fulfilling
of
their
wils
,
who
for
the
most
part
in
time
of
ignorance
,
in
regard
onelie
of
massing
for
their
soules
,
rather
than
for
teaching
of
the
people
,
and
vpon
opinion
of
meriting
heauen
thereby
,
did
erect
and
endow
churches
;
perhaps
with
some
little
glebe
,
though
the
chiefest
benefit
doo
arise
by
tythes
?
Seeing
he
is
of
opinion
that
a
matter
grounded
vpon
anie
cause
or
reason
,
is
of
like
nature
and
His
reason
retorted
vpon
himselfe
.
condition
,
with
the
reason
it selfe
:
so
that
if
the
cause
and
reason
,
wherevpon
they
grounded
their
building
and
endowment
of
churches
be
impious
;
then
euen
the
things
themselues
shall
be
stained
with
like
impietie
,
and
not
woorthie
thus
to
be
tendered
by
him
.
But
this
his
supposall
is
in
deed
a
verie
weake
and
slender
coniecture
,
not
worth
the
name
of
a
presumption
,
and
meerelie
consisting
in
fact
without
proofe
.
And
it
might
be
better
gathered
,
seeing
pluralities
within
these
last
six
hundred
yéeres
(
in
compasse
of
which
time
most
churches
haue
béene
built
)
were
verie
rife
,
as
may
appeare
by
lawes
especifieng
multitudes
of
benefices
incroched
,
and
reteined
without
all
licence
or
toleration
:
that
patrones
of
churches
could
not
be
ignorant
thereof
,
and
therefore
meant
to
prouide
for
no
such
matter
,
which
otherwise
they
would
haue
expressed
,
and
met
with
either
in
dotation
,
composition
,
or
by
testament
.
And
hee
might
with
more
colour
vse
this
reason
,
euen
against
the
iust
dissolution
of
religious
houses
,
being
directlie
and
expreslie
contrarie
to
the
mind
of
the
founders
:
yet
with
no
better
authoritie
warranted
,
than
dispensations
for
pluralities
,
both
of
them
euen
by
act
of
parlement
.
And
therefore
as
the
three
seuerall
Minor
propositions
of
these
his
last
syllogismes
,
built
vpon
these
vnsure
and
feeble
grounds
,
for
the
proofe
of
the
Minor
in
his
second
syllogisme
afore
,
are
to
be
denied
:
so
are
the
verie
Maior
propositions
all
thrée
,
brought
as
grounds
to
build
the
other
vpon
,
as
weake
themselues
,
as
these
which
should
be
vnderpropped
by
them
.
For
the
great
riches
of
some
few
,
is
no
small
occasion
why
some
other
doo
want
,
which
might
haue
more
plentie
,
if
all
the
wealth
of
the
richest
in
the
land
,
were
distributed
abroad
in
the
world
,
and
yet
are
they
necessarie
for
the
profit
and
conseruation
of
the
common-weale
,
which
consisteth
by
inequalities
,
as
the
wise
doo
know
,
which
may
serue
also
for
answer
of
his
second
Maior
:
although
he
which
by
especiall
priuilege
hath
some
two
liuings
assigned
vnto
him
,
can
not
properlie
be
said
to
enioy
manie
mens
liuings
,
or
any
more
than
that
which
is
his
owne
by
law
.
The
like
is
to
be
affirmed
of
the
dispositions
in
last
wils
and
testaments
,
as
though
whatsoeuer
did
preiudice
them
,
being
made
to
lawfull
and
holie
vses
,
could
not
be
accompted
necessarie
to
the
welth
and
profit
of
the
realme
.
For
if
a
man
would
deuise
and
bequeath
(
to
neuer
so
lawfull
and
holie
vses
)
his
lands
holden
In
capite
,
in
chiualrie
,
or
entailed
,
or
another
mans
lands
or
goods
,
which
course
is
allowed
of
by
the
ciuill
law
:
yet
is
it
thought
necessarie
in
law
,
for
the
wealth
and
profit
of
this
land
,
that
in
some
part
the
one
,
and
that
the
other
should
wholie
be
encountered
.
So
dooth
the
ciuill
lawe
disannull
and
reuerse
a
testament
contriued
neuer
so
solemnelie
,
or
to
how
good
and
godlie
vses
soeuer
;
if
the
testators
sonne
be
omitted
,
or
be
without
iust
cause
disinherited
in
it
;
or
if
a
some
be
borne
within
ten
moneths
after
his
death
,
of
the
bodie
of
his
wife
.
Thus
hauing
,
as
shortlie
as
I
could
,
run
ouer
his
reasoning
,
it
resteth
to
shew
that
by
the
statute
law
of
this
land
,
(
which
is
the
iudgement
of
the
whole
church
&
common-weale
representatiuelie
)
dispensations
for
pluralities
are
lawfull
.
First
the
[
](A19392-e115630-b)*
*
21.
H
8.
ca.
13.
statute
21.
Hen.
8.
saith
,
that
men
so
qualified
,
(
as
is
there
prescribed
)
may
take
and
receiue
two
benefices
with
cure
of
soule
by
dispensation
,
and
therfore
it
cannot
be
vnlawfull
.
But
if
it
be
answered
(
as
the
Abstractor
goeth
about
to
doo
)
that
all
[
](A19392-e115660-b)*
*
25.
H.
8.
ca.
21.
dispensations
are
by
a
later
statute
restrained
,
sauing
such
as
be
not
contrarie
or
repugnant
to
the
scriptures
;
intending
withall
this
kind
of
dispensation
to
be
vngodlie
,
and
against
the
word
of
God
:
this
may
be
refelled
easilie
by
the
preamble
of
the
said
latter
statute
,
where
it
is
affirmed
To
stand
with
naturall
equitie
and
good
reason
,
in
all
and
euerie
lawes
humane
,
made
within
this
realme
,
or
induced
by
custome
,
that
the
parlement
should
haue
authoritie
not
onlie
to
dispense
,
but
also
to
authorize
some
elect
person
or
persons
to
dispense
with
those
&
all
other
humane
lawes
of
this
realme
,
and
with
euerie
one
of
them
,
as
the
qualities
of
the
persons
and
matter
shall
require
.
Now
the
iudgment
of
the
parlement
is
,
that
the
lawes
prohibiting
one
man
to
inioy
mo
benefices
,
are
but
humane
,
agréeablie
vnto
that
which
to
this
end
I
haue
set
downe
,
but
namelie
in
the
glosse
last
before
alledged
;
and
therefore
that
it
may
be
dispensed
with
,
it
is
hereby
verie
euident
:
in
that
this
latter
statute
calleth
all
these
dispensations
so
authorized
,
An
ordinance
by
policies
necessarie
and
conuenient
,
and
dooth
againe
establish
the
act
for
dispensations
in
these
words
,
That
the
same
act
for
pluralities
&
non
residencies
of
benefices
,
&
euerie
thing
therin
conteined
,
shall
stand
good
and
effectuall
to
all
intents
:
which
they
could
not
without
manifest
contrarietie
newly
strengthen
,
if
these
prohibitions
of
mo
benefices
,
were
not
by
humane
law
onelie
,
but
had
béene
prohibited
also
by
the
law
of
God
himselfe
.
15.
Sect.
Pag.
135
,
136
,
137
,
138
,
139
,
140.
THE
Minor
proposition
of
the
third
syllogisme
pag.
133.
[
that
It
is
not
for
the
honor
and
suertie
of
hir
Highnes
person
,
to
leaue
any
maner
of
authoritie
for
the
Archbishop
to
dispense
]
he
goeth
about
to
prooue
,
bicause
the
statute
conteineth
A
contrarietie
and
absurditie
.
And
before
he
come
thus
farre
,
he
affirmeth
that
this
is
To
set
an
English
Archbishop
in
the
roome
of
the
pope
ouer
the
king
and
his
subiects
,
and
to
respect
him
more
than
the
dignitie
and
preeminence
of
a
christian
king
.
As
though
that
which
was
giuen
by
parlement
,
were
vsurped
,
or
he
that
claimeth
it
not
as
inuested
or
incident
vnto
him
,
by
anie
right
,
but
as
a
trust
recommended
vnto
him
by
the
whole
realme
,
(
whose
minister
he
is
in
this
respect
)
could
be
iustlie
said
to
haue
preeminence
aboue
the
king
.
For
the
Abstractor
might
as
well
gather
,
that
the
Lord
Chancellor
,
hauing
manie
great
and
weightie
matters
of
confidence
and
trust
by
parlement
,
and
the
common
law
laid
vpon
him
,
as
namelie
Vpon
complaint
made
that
the
Archbishop
refuseth
to
grant
dispensation
to
any
person
,
that
of
a
good
,
iust
,
and
reasonable
cause
ought
to
haue
the
same
,
to
direct
a
writ
,
inioining
him
vpon
a
certeine
paine
by
his
discretion
to
be
limited
,
to
grant
,
&c.
might
therefore
be
said
to
haue
preeminence
hereby
ouer
the
Archbishop
,
and
consequentlie
(
by
his
collection
)
ouer
the
Queenes
Highnesse
.
But
before
I
come
to
the
examination
of
the
proofes
of
his
Minor
,
I
must
put
him
in
mind
that
his
Maior
is
vntrue
.
For
neither
is
the
statute
prohibitorie
of
all
dispensations
,
Corrupt
collectio●
of
the
statute
.
not
Conuenient
for
the
honor
&
suertie
of
hir
Highnesse
:
neither
yet
(
as
hath
beene
afore
shewed
)
doo
those
words
reach
anie
further
,
than
to
dispensations
in
vnaccustomed
cases
,
for
the
princes
owne
person
.
The
Absurditie
and
contrarietie
he
saith
,
is
first
in
this
point
:
bicause
The
Archbishop
is
authorized
to
grant
dispensation
vnto
the
prince
in
such
cases
,
as
haue
bene
accustomed
to
be
granted
at
the
See
of
Rome
:
whereas
the
pope
was
neuer
anie
lawfull
magistrate
in
the
church
of
God
,
and
therefore
euerie
dispensation
granted
by
him
was
against
the
law
of
God
,
as
granted
by
one
that
was
no
member
of
the
church
of
God
.
Trulie
my
wits
be
passing
dull
,
which
can
not
perceiue
how
these
doo
hang
togither
.
Might
he
not
haue
beene
a
member
,
though
he
were
not
head
of
the
church
?
Or
dispense
with
some
humane
law
,
without
breach
of
Gods
law
?
Or
might
it
not
be
,
that
dispensations
were
accustomablie
granted
by
him
,
though
he
were
not
head
of
the
church
?
Or
might
it
not
be
that
dispensations
were
accustomablie
granted
by
him
,
though
he
were
not
a
lawfull
magistrate
or
dispenser
?
Or
may
not
the
Archbishop
by
lawfull
authoritie
committed
vnto
him
,
dispense
in
such
humane
lawes
as
hath
beene
accustomed
,
though
the
pope
were
an
vsurper
herein
?
Or
lastlie
,
if
all
these
were
admitted
,
dooth
it
here
vpon
follow
,
that
there
is
a
contrarietie
and
absurditie
in
the
statute
?
Assuredlie
he
had
néed
to
be
a
kind
and
tender-harted
man
,
that
will
yeeld
himselfe
to
be
ouercome
with
such
reasons
.
His
second
reason
for
proofe
of
the
contrarietie
,
is
to
this
effect
:
Dispensations
for
vsurie
,
periurie
,
incest
,
adulterie
,
&c:
were
accustomablie
granted
at
the
Sée
of
Rome
:
But
dispensations
for
such
crimes
are
against
the
word
of
God
:
Therfore
such
dispensations
as
were
accustomablie
granted
at
the
Sée
of
Rome
,
were
contrarie
to
the
word
of
God
.
Which
is
a
verie
childish
Ignorance
of
the
elench
,
concluding
of
meere
particulars
,
and
therfore
neither
in
mood
nor
figure
of
argument
.
For
although
some
were
such
that
were
there
granted
,
yet
it
dooth
not
follow
that
all
dispensations
from
thence
were
of
like
nature
:
but
the
Archbishop
by
authoritie
of
that
statute
may
dispense
with
none
but
such
as
be
not
against
the
word
of
God
.
But
here
the
Abstractor
hath
ioined
with
such
as
vndoubtedlie
are
against
the
word
of
God
,
Non
residencie
,
and
manie
benefices
.
The
latter
whereof
is
the
matter
in
controuersie
,
whereby
this
is
Petitio
principij
:
and
the
first
can
not
be
dispensed
with
during
life
;
for
that
the
[
](A19392-e115920-b)*
*
1.
H.
8.
c.
13.
statute
maketh
such
dispensations
void
,
&
subiecteth
the
partie
vsing
them
,
to
a
grieuous
penaltie
.
But
where
he
maketh
Not
eating
flesh
in
Lent
to
be
a
matter
repugnant
to
the
law
of
God
:
whereby
he
inferreth
such
dispensation
to
be
vnlawfull
,
he
must
needs
confesse
that
he
was
in
his
fit
,
and
knew
not
what
he
said
:
for
if
to
absteine
from
flesh
in
Lent
vpon
commandement
,
and
by
positiue
and
politike
ordinance
,
be
(
as
he
saith
)
Superstitious
,
and
a
matter
repugnant
to
the
law
of
God
:
then
as
it
séemeth
should
a
dispensation
to
doo
it
,
which
restoreth
the
former
libertie
of
eating
flesh
,
be
more
agréeable
to
Gods
word
,
and
the
more
meet
to
be
vsed
.
But
neither
eating
,
nor
yet
not
eating
of
flesh
at
anie
time
,
is
of
the
law
of
God
,
Quia
esca
nos
non
commendat
Deo
,
neque
regnum
Dei
est
in
cibo
&
potu
,
&
nihil
quod
intrat
in
os
coinquinat
hominem
:
so
that
to
dispense
herewith
,
either
to
eat
or
not
to
eat
,
can
not
be
vnlawfull
.
And
that
this
obseruation
of
fishdaies
is
but
a
politike
constitution
,
it
is
[
](A19392-e115970-b)*
*
5.
Eliz.
c.
5.
explaned
elsewhere
by
act
of
parlement
:
whereby
also
he
and
others
(
which
shall
affirme
otherwise
of
the
intent
of
the
prohibition
to
eat
flesh
on
certeine
daies
)
are
to
be
punished
as
spreaders
of
false
newes
.
But
at
the
last
he
stumbleth
vpon
the
right
interpretation
,
that
the
Archbishop
ordinarilie
is
but
to
dispense
with
matters
accustomed
to
be
dispensed
with
at
the
See
of
Rome
,
and
not
then
simplie
,
but
onelie
so
farre
forth
as
they
were
not
contrarie
or
repugnant
to
the
word
of
God
.
Whereby
he
straight
inferreth
,
besides
those
which
are
afore
spoken
vnto
,
that
he
is
not
hereby
Intituled
to
dispense
for
simonie
,
Non
residencie
,
mariages
in
Lent
,
&c:
bicause
those
are
matters
he
saith
repugnant
to
the
law
of
God
.
Touching
simonie
,
it
can
not
be
denied
but
it
is
a
greeuous
fault
,
yet
forbidden
by
the
positiue
law
of
man
onelie
,
(
albeit
Canonists
for
the
most
part
haue
deriued
it
from
the
offense
of
Simon
Magus
)
and
hath
his
grounds
and
reasons
verie
weightilie
deduced
from
the
law
of
God
and
the
light
of
nature
.
Notwithstanding
,
our
author
hath
almost
wholie
qualified
and
dispensed
with
it
,
as
much
as
he
could
with
little
honestie
,
in
his
first
treatise
:
namelie
,
By
right
of
couenants
,
by
the
well
liking
of
the
people
,
by
a
good
fire
in
the
hall
once
in
a
yeare
,
and
by
a
slyuer
of
bread
at
the
patrons
doore
.
But
if
Non
residencie
be
against
the
law
of
God
absolutelie
and
directlie
,
and
not
by
euent
and
consequence
onelie
;
then
must
it
be
against
some
of
the
ten
commandemeuts
:
and
thereby
will
it
follow
,
that
as
vpon
none
occasion
,
anie
of
them
may
be
transgressed
,
so
will
it
be
sinfull
for
a
man
vpon
anie
cause
whatsoeuer
,
at
anie
time
to
be
awaie
from
his
benefice
,
though
it
were
but
an
houre
,
no
more
than
a
man
may
kill
for
an
houres
space
.
Lastlie
,
where
he
affirmeth
Marriages
in
Lent
to
be
repugnant
to
Gods
law
,
and
therfore
not
dispensable
:
except
he
will
acknowledge
that
he
was
in
his
melancholike
mood
,
in
a
little
house
hard
beside
himselfe
,
he
may
happen
for
this
saieng
to
be
grauelie
censured
by
the
eldership
,
where
he
hanteth
.
But
if
the
prohibition
of
marriage
for
some
certeine
times
brawne
from
the
old
canons
,
be
but
of
law
positiue
:
why
may
it
not
by
the
same
authoritie
be
likewise
released
and
dispensed
with
?
And
in
deed
the
occasion
of
such
prohibition
(
at
some
solemne
times
of
fasts
&
praiers
)
was
grounded
vpon
the
same
reason
,
that
the
Discipline
of
France
forbad
the
receiuing
of
the
communion
by
the
new
married
couple
that
daie
.
Yet
he
is
not
thus
content
to
rest
in
this
interpretation
,
but
must
haue
a
fling
sawcilie
to
traduce
the
whole
parlement
,
as
Falling
into
two
palpable
absurdities
,
by
want
of
foresight
&
due
examination
.
D
that
they
which
were
in
parlement
then
,
had
beene
powdered
but
with
a
little
salt
of
that
discretion
and
forecast
,
wherewith
this
man
thinketh
he
is
thoroughlie
seasoned
!
Then
no
doubt
some
famous
church-plat
would
haue
beene
hatched
,
which
as
yet
is
but
a
castle
built
in
the
aire
,
by
his
owne
shallow
conceit
.
The
first
Absurditie
in
this
statute
he
noteth
,
in
that
it
is
Left
to
the
Archbishops
determination
,
what
is
repugnant
to
scripture
,
what
conuenient
for
the
honour
and
safetie
of
the
prince
,
&
for
the
wealth
and
profit
of
the
realme
.
The
first
whereof
if
it
should
be
attributed
to
any
one
man
(
which
for
the
difficultie
of
meeting
vpon
euerie
occurrent
,
and
other
confusion
in
multitudes
,
cannot
indeed
conuenientlie
be
otherwise
)
I
doo
sée
no
cause
but
by
common
intendment
,
the
Archbishop
may
be
holden
for
as
sufficient
a
man
as
any
one
other
to
decide
,
what
is
repugnant
or
not
repugnant
to
Gods
word
.
Albeit
there
is
no
one
word
in
the
act
,
that
either
yeeldeth
the
determination
hereof
,
or
of
the
other
two
vnto
him
:
but
rather
(
as
may
be
collected
)
the
contrarie
.
For
the
two
bookes
of
tares
,
which
must
conteine
the
rate
of
euerie
sacultie
,
that
is
to
passe
,
and
which
vsuallie
before
had
béene
granted
at
the
Sée
of
Rome
;
are
by
statute
to
be
set
downe
by
the
Archbishop
,
the
Lord
Chancelor
,
the
Lord
Treasurer
,
and
by
the
two
chéefe
iustices
of
both
benches
,
for
the
time
being
.
But
in
vnaccustomed
cases
,
the
Archbishop
can
passe
no
facultie
at
all
,
vnlesse
the
prince
or
councell
shall
determine
it
,
and
giue
licence
vnto
him
so
to
grant
.
But
if
all
these
Contrarieties
and
absurdities
that
hitherto
to
the
Abstractor
vainlie
(
as
you
sée
)
hath
bungled
about
,
should
be
granted
to
be
in
the
statute
,
yet
how
could
the
Minor
proposition
hereby
be
confirmed
(
which
was
his
purpose
to
prooue
)
that
It
is
not
conuenient
for
hir
Highnesse
honor
and
suertie
,
to
leaue
any
maner
of
authoritie
in
the
Archbishop
to
dispense
.
For
there
might
be
some
parts
of
the
statute
,
and
some
faculties
absurd
,
yea
all
might
be
so
;
and
yet
hir
honor
and
suertie
no
waie
impeached
:
for
Vtile
per
inutile
non
vitiatur●
that
which
is
to
no
purpose
,
dooth
not
hinder
that
which
is
to
some
vse
.
And
if
he
would
haue
authoritie
of
dispensing
taken
from
the
Archbishop
,
and
to
be
giuen
vnto
hir
Maiestie
,
in
respect
of
vnlawfulnesse
of
dispensations
,
how
shall
this
be
lawfull
in
hir
Highnesse
royall
person
,
more
than
in
his
?
And
the
vanitie
also
of
his
Other
absurditie
is
discouered
,
which
would
therefore
euerthrow
the
whole
act
,
bicause
it
is
vnfitting
,
he
saith
,
For
a
subiect
to
grant
a
dispensation
to
his
souereigne
.
But
albcit
there
neither
is
nor
can
be
so
frequent
an
vse
of
such
dispensing
with
the
princes
owne
person
,
as
was
when
the
statute
was
made
,
by
reason
manie
humane
lawes
brought
in
by
canons
of
councels
were
then
throughout
all
this
west
church
suffered
to
be
in
force
,
euen
with
souereigne
princes
,
as
about
vowes
,
marriages
within
certeine
degrees
of
carnall
and
spirituall
(
as
they
termed
it
)
consanguinitie
or
affinitie
,
clandestinitie
,
legitimation
of
children
borne
before
espousals
,
and
such
like
a
number
more
than
now
are
:
yet
doo
I
thinke
it
too
generall
simplie
to
be
set
downe
,
that
now
there
can
be
no
vse
of
anie
dispensations
at
all
for
the
princes
owne
person
,
as
by
examples
might
be
shewed
,
if
it
were
requisite
.
For
although
the
person
of
the
prince
néedeth
not
to
be
dispensed
with
for
the
positiue
law
of
man
being
made
by
his
direction
,
according
to
that
Dispensation
which
is
a
relaxation
of
law
in
some
particular
case
,
the
bond
and
strength
of
it
otherwise
remaining
in
force
:
nor
can
for
the
law
of
God
,
which
no
man
may
release
in
anie
particular
mans
case
,
the
bond
of
it
being
perpetuall
:
yet
notwithstanding
I
doo
not
see
,
but
by
a
Dispensation
of
iustice
,
which
is
a
true
and
vpright
interpretation
and
declaration
,
that
the
law
of
God
,
of
nature
,
or
of
nations
,
according
to
the
true
sense
and
meaning
thereof
,
hath
not
place
in
some
particular
action
,
which
otherwise
might
in
shéw
appeare
to
be
included
in
the
generalitie
of
them
:
that
in
this
respect
it
may
be
expedient
,
euen
the
princes
person
sundrie
times
so
to
be
prouided
for
.
And
this
the
rather
,
bicause
by
law
and
naturall
reason
Nemo
secum
dispensat
,
no
man
can
impart
a
dispensation
vnto
himselfe
.
So
that
the
Archbishop
in
such
a
weightie
case
,
hauing
with
the
best
learned
in
the
land
maturelie
debated
the
matter
with
all
circumstances
,
and
found
vpon
pregnant
and
inuincible
reasons
,
that
it
cannot
be
trulie
said
to
be
against
anie
of
the
former
immutable
lawes
:
if
then
he
shall
In
perpetuam
rei
memoriam
,
in
autentike
forme
vnder
his
seale
set
downe
this
resolution
:
it
cannot
iustlie
be
auowched
that
the
princes
honor
or
prerogatiue
is
hereby
any
waie
abased
,
but
rather
the
quiet
of
his
mind
well
prouided
for
;
and
the
doubts
,
which
in
processe
of
time
might
here
vpon
be
cast
,
wiselie
and
godlie
to
be
met
with
,
for
the
profit
and
benefit
of
the
realme
.
Neither
can
such
dispensation
,
touching
the
princes
owne
naturall
person
in
matter
of
conscience
,
or
of
some
positiue
ecclesiasticall
law
,
which
reacheth
vnto
him
,
be
any
more
derogatorie
to
his
honor
or
royall
prerogatiue
:
than
[
](A19392-e116230-b)*
*
1.
Hen.
7
,
4.
when
the
iudges
of
the
land
did
determine
,
that
the
attainder
by
parlement
of
the
person
of
the
noble
king
Henrie
the
seauenth
,
was
vpon
his
calling
to
the
crowne
,
by
the
verie
operation
of
the
law
adnulled
and
discharged
.
Or
when
Archbishop
Cranmer
gaue
sentence
for
the
nullitie
of
marriage
contracted
betwixt
king
Henrie
the
eight
,
and
ladie
Katharine
Dowager
,
his
late
brothers
wife
.
Whereby
may
also
be
perceiued
,
that
the
difference
,
which
the
Abstractor
taketh
betwixt
the
iudgements
of
the
iustices
and
the
dispensations
of
the
Archbishop
,
as
not
touching
the
kings
owne
person
,
like
as
dispensations
doo
,
to
be
destitute
of
footing
,
or
sound
and
good
ground
to
stand
vpon
.
And
although
in
words
he
séeme
outwardlie
thus
to
tender
hir
Maiesties
honour
and
prerogatiue
;
yet
the
place
which
he
alledgeth
out
of
the
ciuill
lawe
looketh
a
cleane
contrarie
waie
.
For
thereby
he
would
subiect
the
princes
person
to
his
owne
positiue
laws
euen
of
necessitie
;
bicause
in
the
ciuill
law
the
[
](A19392-e116290-b)*
*
Imp.
Theodos
.
&
Valentinian
.
in
l.
digna
vox
.
C.
de
legib.
&c.
emperors
say
:
It
is
a
word
worthy
the
maiestie
of
a
ruler
,
to
acknowledge
himselfe
as
cheefe
tied
vnto
lawes
.
Whereas
neuerthelesse
the
emperors
speaking
else-where
in
the
same
law
,
doo
saie
thus
of
themselues
:
Although
[
](A19392-e116320-b)*
*
Seuerus
&
Anthoninus
§.
vlt.
instit
.
quibus
modis
testa
.
infirmentur
l.
princeps
ff.
de
legibus
.
we
are
not
bound
by
lawes
,
yet
we
liue
according
to
them
.
So
that
by
the
law
which
he
alledgeth
,
the
verie
contrarie
vnto
his
position
,
might
seeme
to
be
gathered
:
bicause
,
if
the
person
of
the
prince
be
tied
by
the
bond
of
the
positiue
lawe
,
then
should
a
dispensation
be
as
requisite
sometimes
for
him
,
as
for
any
other
which
in
like
maner
is
tied
and
bound
vnto
it
.
Some
doo
reconcile
these
lawes
thus
:
That
a
souereigne
prince
is
therefore
not
said
to
be
bound
by
lawes
,
bicause
he
may
abrogate
them
at
his
pleasure
.
Other
saie
,
that
he
is
tied
onelie
to
the
law
of
nature
and
of
nations
,
but
not
to
positiue
lawes
.
A
third
sort
doo
hold
with
good
probabilitie
,
that
he
is
bound
to
positiue
lawes
according
to
their
force
Directiue
,
but
not
Correctiue
,
to
be
directed
by
them
,
so
farre
as
may
concerne
him
,
but
not
to
be
corrected
of
them
;
neither
yet
that
of
necessitie
he
is
to
be
directed
by
them
,
but
of
congruencie
and
conueniencie
onlie
according
[
](A19392-e116360-b)*
*
Claudianus
de
4.
consula●u
Honorij
.
to
that
:
In
commune
iubes
si
quid
censésue
tenendum
Primus
iussa
subi
,
tunc
obseruantior
aequi
Fit
populus
,
nec
ferre
negat
,
quum
viderit
ipsum
Censorem
parere
sibi
:
componitur
orbis
Regis
ad
exemplum
.
And
so
is
the
king
of
[
](A19392-e116490-b)*
*
5.
E.
4.
32.
39.
H.
6.
39.
England
also
tied
to
some
positiue
lawes
,
according
to
the
iudgement
of
the
iustices
.
Yea
it
is
in
this
respect
honourable
to
the
prince
to
suffer
himselfe
to
be
directed
by
godlie
ecclesiasticall
lawes
,
not
impugning
his
prerogatiue
,
except
good
cause
may
be
alledged
of
relaxation
.
And
therefore
the
Dishonour
and
danger
to
hir
Highnesse
,
which
in
the
Minor
he
assumeth
,
we
are
easilie
deliuered
of
,
till
he
can
shew
better
cards
for
it
.
And
where
he
extendeth
this
reason
of
Dishonour
,
to
infringe
all
dispensations
granted
likewise
to
subiects
,
he
is
not
so
well
aduised
as
he
might
be
.
For
seeing
it
is
necessarie
,
vpon
sundrie
weightie
occasions
,
that
immunities
and
dispensations
for
[
](A19392-e116530-b)*
*
Preamble
of
the
statute
25.
Hen.
8.
ca.
21.
humane
lawes
be
granted
to
some
aboue
other
,
and
the
ambiguities
of
Gods
law
,
and
of
the
law
of
nature
in
some
cases
to
be
declared
and
interpreted
:
it
were
more
dishonorable
to
hir
Maiestie
to
attend
these
meaner
matters
from
time
to
time
in
hir
owne
person
,
than
it
can
be
in
the
woorst
construction
,
to
put
them
ouer
to
some
of
hir
subiects
.
And
as
it
cannot
be
conuenient
for
hir
Highnes
to
attend
in
person
the
execution
hereof
:
so
hir
royall
dignitie
is
no
waie
impeached
by
yeelding
this
authoritie
to
the
Archbishop
,
who
must
(
where
cause
requireth
)
performe
this
dutie
but
as
a
minister
herein
to
hir
Maiestie
and
the
state
:
and
who
cannot
dispense
as
he
list
,
but
with
confirmation
vnder
the
great
seale
of
England
,
as
the
statute
dooth
limit
.
Yet
he
importuneth
hir
Maiestie
still
,
by
telling
hir
what
hir
Highnesse
most
noble
father
would
haue
done
(
if
he
had
Vnderstood
so
much
as
the
Abstractor
dooth
)
not
onelie
to
take
dispensations
awaie
from
the
Archbishop
,
but
belike
in
regard
of
them
,
to
take
him
awaie
also
,
as
he
did
An
Abbat
:
a
match
truelie
and
comparison
as
vnlike
,
as
if
we
should
compare
the
Abstractor
to
an
honest
modest
man
.
And
for
this
end
he
exhorteth
hir
Maiestie
to
Submit
hir selfe
to
the
scepter
of
Gods
word
,
as
though
she
had
not
done
it
hitherto
.
But
he
and
all
the
knot
of
them
,
by
these
spéeches
doo
indeed
vnderstand
the
submission
&
licking
of
the
dust
of
their
Seniorie
and
Eldership
,
which
is
neither
dishonourable
(
for
sooth
)
nor
so
dangerous
to
hir
Highnesse
,
as
is
the
committing
ouerof
dispensing
(
in
causes
requisite
)
vnto
the
Archbishop
,
bicause
they
amongst
them
haue
so
concluded
,
that
it
shall
be
,
touching
the
perill
To
hir
Maiesties
honor
and
safetie
,
which
groweth
By
the
Archbishops
dispensing
in
matters
repugnant
to
the
holie
scriptures
,
vpon
a
corrupt
construction
,
a
sinister
iudgement
,
and
not
right
discerning
what
things
be
repugnant
to
scripture
,
it
shall
easilie
be
yeelded
vnto
,
that
it
is
neither
for
hir
Maiesties
honour
nor
safetie
,
to
suffer
the
lawes
of
God
to
be
broken
;
albeit
those
words
of
the
statute
(
as
haue
béene
shewed
)
doo
not
extend
vnto
all
dispensations
,
by
vertue
thereof
to
be
granted
.
But
first
he
and
his
complices
must
beat
their
sconses
a
while
,
to
teach
the
Archbishop
how
he
ought
aright
to
construe
,
to
iudge
,
and
to
discerne
the
scriptures
,
where
vnto
(
as
he
saith
)
his
dispensations
are
repugnant
belike
according
to
some
anagogicall
,
tropologicall
,
or
cabalisticall
sense
of
their
owne
deuise
,
wherof
they
haue
perhaps
dreamed
.
Yea
,
and
all
this
adoo
,
which
he
maketh
about
dispensations
to
the
princes
person
,
is
vnseasonable
and
impertinent
wholie
to
the
matter
in
hand
,
concerning
the
validitie
or
inualiditie
in
law
of
dispensations
for
pluralities
:
and
therefore
might
with
better
prouision
to
his
owne
credit
,
haue
béene
spared
.
16.
Section
.
Pag.
140
,
141
,
142.
143
,
144
,
145.
THe
Abstractor
,
which
thinketh
he
hath
found
Absurditie
in
the
Statute
,
goeth
on
still
in
his
owne
absurd
dealing
:
purposing
to
shew
as
well
by
statute
as
by
the
Canon
law
certeine
adiuncts
necessarilie
to
be
obserued
in
these
dispensations
,
which
he
in
this
whole
treatise
laboureth
to
prooue
by
both
the
said
lawes
to
be
vnlawfull
.
Which
course
must
néeds
séeme
to
wise
men
a
strange
peece
of
worke
,
that
those
lawes
which
doo
condemne
them
,
should
so
exactlie
describe
their
properties
and
circumstances
,
in
what
maner
,
with
what
care
,
and
to
what
kind
of
persons
they
ought
to
be
granted
.
And
first
of
all
he
here
woundeth
the
smoke
verie
deepelie
,
and
fighteth
valiantlie
with
his
owne
shadow
,
in
that
he
would
prooue
Pouertie
to
be
no
sufficient
cause
of
dispensation
:
and
that
euerie
one
dispensed
with
alreadie
for
pluralitie
,
can
not
iustlie
be
reputed
for
a
poore
man
:
neither
of
which
I
did
euer
heare
by
anie
man
hitherto
to
haue
béene
mainteined
.
But
in
going
ouer
his
proofes
hereof
,
I
must
put
him
in
mind
,
that
Rebuff
his
first
witnes
hereto
produced
,
though
he
allow
not
of
pouertie
for
a
sufficient
cause
of
it selfe
:
yet
he
insinuateth
thus
much
,
that
being
ioined
with
worthinesse
,
it
is
adminiculant
(
as
we
call
it
,
)
and
that
it
addeth
weight
to
desert
,
for
procuring
of
a
dispensation
.
For
in
deed
,
as
it
is
reason
,
that
a
man
worthie
and
able
to
profit
the
church
,
should
haue
sufficient
maintenance
,
though
it
be
by
mo
benefices
than
one
,
for
supplie
of
his
necessitie
,
and
towards
hospitalitie
:
so
if
he
be
of
sufficient
patrimonie
otherwise
,
though
he
be
neuer
so
worthie
,
and
his
ecclesiasticall
liuing
be
euen
vnder
a
mediocritie
:
then
there
is
lesse
cause
a
great
deale
,
why
he
should
looke
for
another
.
And
againe
,
the
same
author
by
him
vouched
dooth
directlie
decide
,
that
A
dispensation
tending
to
the
profit
of
the
church
,
or
vpon
necessitie
,
is
lawfull
.
And
therefore
by
his
owne
witnesse
,
which
in
law
he
can
not
refuse
,
the
scope
&
drift
of
his
whole
treatise
is
againe
ouerthrowne
.
And
where
he
addeth
,
that
he
which
hath
taken
a
small
liuing
,
may
not
in
anie
case
séeke
to
augment
it
:
if
his
bare
words
did
make
law
,
then
surelie
ecclesiasticall
liuings
,
which
be
but
small
,
would
hardlie
be
furnished
.
Yea
,
the
reasons
,
which
to
this
end
he
bringeth
,
are
as
trulie
verified
of
anie
temporall
liuing
,
as
of
ecclesiasticall
.
But
what
if
both
the
sufficiencie
of
the
ministers
gifts
by
his
owne
inbustrie
,
and
by
the
blessing
of
God
doo
notablie
increase
,
and
his
congregation
also
be
multiplied
more
and
more
in
people
,
or
if
his
domesticall
charge
arise
by
number
of
children
,
or
by
their
sickenes
;
may
he
not
seeke
some
augmentation
of
his
liuing
?
Truelie
this
deuise
ioined
with
that
which
followeth
,
of
driuing
ministers
to
furnish
the
wants
of
their
maintenance
by
Some
handie
craft
and
labour
,
is
an
open
window
,
to
draw
them
from
studie
,
and
so
to
ignorance
,
barbarisme
,
sauage
wildnesse
,
contempt
with
all
men
,
and
finallie
it
leuelleth
directlie
at
the
ouerthrow
of
all
religion
.
The
first
place
,
which
to
this
end
he
quoteth
,
dooth
not
speake
to
that
purpose
whervnto
it
seemeth
to
be
brought
:
but
[
](A19392-e116730-b)*
*
32.
q.
5.
c.
horrendus
.
that
Whatsoeuer
hath
once
pleased
a
man
,
ought
not
anie
more
to
displease
him
.
Now
he
that
hauing
too
small
a
liuing
to
mainteine
him
,
seeketh
a
further
supplie
by
another
:
dooth
it
not
vpon
anie
mislike
of
the
former
.
And
therefore
it
might
better
haue
beene
applied
to
infer
,
that
a
man
may
not
of
his
owne
head
relinquish
his
benefice
;
yea
,
it
is
not
generall
without
his
limitations
:
but
is
speciallie
to
be
vnderstood
,
where
by
variance
in
liking
,
a
preiudice
to
another
man
may
rise
.
Which
inconuenience
if
it
be
met
with
by
the
iudgment
of
the
Ordinarie
,
whom
the
law
authoriseth
to
iudge
of
the
exigence
of
the
cause
,
fit
for
relinquishment
of
his
former
liuing
:
then
that
rule
dooth
cease
.
For
else
should
all
translations
and
shiftings
from
one
congregation
to
another
,
vpon
sufficient
ground
(
both
allowed
by
law
,
and
practise
of
most
reformed
churches
)
be
vtterlie
vnlawfull
.
The
next
being
crosse
quoted
with
the
former
,
and
[
](A19392-e116760-b)*
*
c.
sanctorum
.
70.
dist.
which
he
saith
is
Law
in
truth
,
dooth
varie
in
verie
deed
,
from
the
canon
it selfe
:
which
hath
nothing
tending
that
waie
,
either
of
Preiudice
growen
vnto
him
that
hath
receiued
a
small
benefice
,
or
of
seeking
his
liuing
by
his
owne
craft
,
but
onlie
thus
:
In
what
church
soeuer
a
man
is
intituled
vnto
,
in
that
let
him
perpetuallie
remaine
.
Not
as
though
a
man
might
not
vpon
some
occasion
renounce
and
resigne
his
benefice
into
his
Ordinaries
hands
:
but
that
he
hath
it
by
institution
for
terme
of
his
life
,
and
therefore
may
not
be
put
out
of
it
against
his
will
,
without
sufficient
cause
therevnto
,
as
may
appeare
by
the
glosse
.
That
[
](A19392-e116800-b)*
*
21.
q.
1.
c.
1.
part
of
the
next
place
,
which
requireth
a
mans
continuing
in
his
owne
vocation
,
dooth
not
touch
anie
thing
now
in
controuersie
,
séeing
he
which
hath
two
benefices
,
dooth
not
giue
ouer
his
vocation
.
As
to
the
other
part
séeming
to
counsell
a
poore
clerke
to
labour
with
his
hands
,
for
the
better
supplie
of
his
maintenance
,
by
the
example
of
the
apostle
,
it
séemeth
to
me
,
not
to
be
spoken
of
the
priests
and
ministers
in
chiefe
cities
,
but
of
clearks
in
inferior
orders
and
degrees
,
whose
attendance
in
such
great
churches
was
then
in
great
numbers
practised
.
Yet
the
[
](A19392-e116820-b)*
*
Gl.
ibid.
in
verbo
necessitatem
in
●ine
.
glosse
answereth
it
,
that
Those
things
were
in
vse
in
those
daies
,
but
not
now
wherein
God
had
dealt
more
liberallie
with
the
church
:
and
that
those
things
are
to
be
considered
according
to
the
qualitie
of
the
person
,
and
site
of
the
church
,
seeing
that
which
is
sufficient
for
one
,
is
not
for
another
:
and
the
custome
of
the
countrie
is
herein
to
be
obserued
.
And
mine
interpretation
is
strengthened
by
the
conference
of
two
or
three
chapters
togither
,
of
that
distinction
which
he
alledgeth
,
in
which
a
manifest
diuersitie
may
be
obserued
Inter
presbyterum
&
clericum
,
a
priest
and
an
inferior
clearke
.
For
the
[
](A19392-e116850-b)*
*
c.
Presbyter
c.
Clericus
.
1.
&
2.
dist.
91.
priest
or
minister
hath
in
those
canons
his
taske
for
the
whole
daie
so
limited
forth
,
that
it
will
not
be
possible
for
him
to
haue
time
besides
to
earne
salt
to
his
potage
by
his
handie
worke
.
Yea
,
the
verie
glosse
[
](A19392-e116870-b)*
*
Gl.
in
ver.
minus
.
c.
●i
proponente
Ext.
de
rescript
.
per
c.
de
monachi●
infra
de
Prebendis
.
whence
he
borrowed
all
this
furniture
at
one
clap
,
dooth
tell
him
that
this
course
is
changed
sithence
,
if
it
had
pleased
him
to
haue
looked
a
little
lower
.
But
(
saith
the
glosse
)
a
man
is
not
to
be
instituted
,
except
so
much
be
assigned
,
whereby
he
may
be
sufficientlie
prouided
for
,
and
be
able
to
paie
the
duties
to
the
Bishop
.
And
by
the
way
the
same
glosse
sheweth
,
that
pouertie
is
some
part
of
a
reason
,
whervpon
to
ground
a
dispensation
for
pluralitie
,
though
not
an
entier
cause
.
The
example
of
S.
Paule
may
be
answered
,
that
it
is
not
appliable
to
these
times
.
Bicause
the
gifts
of
the
Holie-ghost
,
for
the
furnishing
of
the
worke
of
the
ministerie
,
are
not
miraculouslie
now
bestowed
as
they
were
then
,
but
by
the
industrie
,
painefull
studie
and
indeuour
of
the
partie
.
Therefore
if
we
should
set
him
to
a
manuall
occupation
to
gaine
some
part
of
his
liuing
by
,
on
the
working
daies
;
assuredly
his
mind
would
be
clogged
,
his
spirits
so
dull
&
wearied
,
his
inuention
so
mechanicall
and
deuoid
of
pith
on
the
holie-daies
,
that
it
were
as
good
to
kéepe
him
at
hedging
and
diching
,
or
vpon
his
shopboord
still
,
as
to
put
the
poore
man
any
more
into
the
pulpit
.
And
hereby
it
will
come
to
passe
,
that
if
we
haue
now
too
manie
vnlearned
men
in
the
ministerie
,
with
whom
the
Abstractor
is
so
round
in
his
first
treatise
;
by
this
deuise
of
his
we
shall
haue
in
short
time
none
else
but
verie
dolts
and
idiots
:
except
he
can
imagine
,
that
men
comming
from
the
Uniuersities
,
will
be
content
to
be
preferred
from
being
Scholers
to
be
scauengers
,
●rom
Sophisters
to
be
shoomakers
,
from
Bachelers
to
be
bakers
,
from
Maisters
of
art
&
other
Graduats
,
to
be
millers
or
grinders
,
and
yet
to
continue
the
ministerie
still
.
Much
like
to
the
contemptuous
surmise
of
Lucian
,
that
Alexander
the
great
is
preferred
to
sit
on
a
thrée-footed
stoole
behind
a
doore
in
hell
,
cobling
and
clowting
of
old
shooes
.
Naie
,
though
S.
Paule
was
content
in
that
infancie
of
the
church
,
for
auoiding
of
grudging
&
murmuring
,
to
earne
some
part
of
his
liuing
by
tent-making
,
that
he
might
thereby
spare
the
churches
more
,
and
the
rather
thereby
to
allure
them
to
liking
of
that
,
which
was
not
chargeable
vnto
them
:
yet
in
sundrie
places
it
is
not
obscurelie
signified
,
that
both
he
might
haue
exacted
his
entier
maintenance
of
them
,
&
that
they
in
dutie
were
bound
to
procure
him
,
in
all
necessarie
worldlie
reliefe
.
Furthermore
,
we
Inconstancie
.
are
to
note
,
that
he
which
could
find
but
two
causes
of
dispensations
before
,
hath
now
light
vpon
two
more
.
He
alledgeth
also
to
prooue
,
that
Pouertie
is
no
sufficient
cause
of
dispensation
:
the
saieng
of
the
apostle
applied
by
the
law
,
that
A
man
hauing
food
and
raiment
ought
to
be
ther
with
content
.
Wherevnto
if
he
will
assume
that
those
,
who
purchase
dispensations
for
mo
benefices
,
haue
these
things
afore
,
wherwith
therfore
they
ought
to
hold
themselues
content
:
then
will
it
(
being
scripture
and
not
spoken
of
ecclesiasticall
men
alone
,
but
of
all
whomsoeuer
)
as
well
serue
to
prooue
,
that
no
man
may
séeke
(
be
the
meanes
neuer
so
honest
)
the
bettering
of
that
his
estate
,
wherein
he
is
at
the
verie
first
settled
.
And
yet
is
it
not
meant
of
anie
food
how
little
,
or
anie
apparell
how
meane
soeuer
,
but
of
a
sufficiencie
in
both
,
according
to
the
calling
and
degrée
of
the
person
:
and
is
but
set
downe
to
meet
with
the
couetous
,
vnmeasurable
,
and
distrustfull
desire
of
riches
,
which
when
we
haue
atteined
them
in
highest
measure
,
can
yeeld
none
other
necessarie
vse
at
all
,
but
that
which
tendeth
either
to
the
one
or
the
other
.
Now
,
he
going
on
this
course
,
saith
:
that
he
which
knowing
the
smalnesse
of
a
liuing
,
hath
vndertaken
it
,
hath
therby
debarred
himselfe
of
all
iust
cause
to
forethinke
him
,
séeing
it
was
his
owne
follie
to
prouide
at
the
first
no
better
for
himselfe
.
Which
he
prooueth
by
no
other
ground
,
but
that
which
hath
beene
answered
before
.
And
if
none
of
this
will
serue
,
yet
will
he
by
examples
of
two
men
shew
,
that
no
pluralitie-man
wanteth
liuing
,
or
may
pretend
anie
necessitie
:
but
so
childishlic
&
ridiculouslie
,
that
I
am
faine
euen
to
blush
in
his
behalfe
.
For
when
a
man
hath
alreadie
a
pluralitie
of
benefices
(
as
he
surmiseth
)
though
they
may
be
such
as
be
farre
from
a
competencie
The
Abstractor
his
foolish
malicious
mirth
.
of
liuing
:
then
there
is
no
likelihood
that
he
would
desire
that
which
he
hath
,
or
more
which
can
not
be
had
,
or
yet
alledge
or
pretend
want
,
when
it
is
as
far
supplied
,
as
law
dooth
yeeld
.
But
if
these
two
whosoeuer
,
with
whom
he
thus
plaieth
(
vpon
enuie
no
doubt
to
the
great
gifts
of
God
in
them
,
and
malice
to
their
persons
)
neither
iustlie
can
nor
yet
will
pretend
anie
want
of
liuing
,
but
will
humblie
and
thankfullie
acknowledge
in
modestie
,
that
God
hath
dealt
verie
mercifullie
with
them
aboue
manie
of
their
bretheren
:
dooth
it
hereof
follow
,
that
none
other
hauing
but
one
benefice
,
can
iustlie
pretend
insufficiencie
of
maintenance
,
whereby
he
may
be
induced
by
ordinarie
meanes
to
procure
an
increase
thereof
?
O
shallow
and
barren
pate
,
or
else
brasen
forehead
,
which
dare
thrust
out
into
this
learned
age
,
such
doltish
yet
malicious
fooleries
!
But
we
may
sée
by
his
dealing
here
,
that
there
is
more
lustie
spirits
in
this
man
,
than
are
leapes
in
a
beare
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Now
therefore
to
answer
his
mild
question
in
the
like
key
:
may
a
melancholike
mate
,
a
shifting
corner-creeper
,
who
in
corporat
townes
where
he
commeth
,
is
of
all
spices
most
afraid
of
mace
,
whose
credit
is
so
cracked
,
that
euerie
man
will
be
as
readie
to
giue
him
trust
vpon
the
paring
of
his
nailes
,
or
pawning
of
an
old
razor
,
as
vpon
his
single
bond
:
whose
learning
in
law
is
not
woorth
a
liard
,
whose
reasoning
is
rude
,
whose
modestie
is
not
woorth
a
mite
,
may
(
I
saie
)
such
a
sonne
of
the
earth
with
toleration
of
good
men
,
in
an
infamous
libell
renew
the
practise
of
the
old
comedie
,
and
plaie
both
foole
and
vice
himself
,
cynicallie
to
nip
such
men
(
as
is
thought
he
dooth
in
this
plaie
)
in
comparison
of
whom
he
is
in
all
respects
but
riff raffe
,
and
as
base
as
a
verie
dishclout
?
If
he
be
such
,
as
I
haue
described
,
who
hath
doone
them
this
iniurie
:
then
doo
I
bowle
at
him
,
&
would
hit
him
full
patch
.
But
if
there
be
none
such
,
then
I
doo
onlie
aske
the
question
,
and
put
the
case
.
But
whosoeuer
they
be
,
that
will
speake
and
write
which
they
ought
not
,
let
them
be
assured
,
that
in
the
necessarie
defense
of
the
good
and
learned
,
whom
they
thus
maliciouslie
doo
traduce
,
they
shall
heare
that
which
they
would
not
,
nor
yet
happilie
looke
for
.
But
their
iniustice
,
which
he
exclaimeth
of
,
and
will
(
as
he
saith
)
Descrie
and
discouer
by
law
,
he
had
need
for
the
couering
of
his
owne
shame
,
and
his
corrupt
or
loose
dealing
,
to
decrie
and
call
backe
againe
.
For
the
verie
[
](A19392-e117010-b)*
*
Gl.
in
verb.
tenues
c.
ean●
te
Ext.
de
etate
&
qual.
glosse
vpon
the
place
which
belike
made
him
vnwilling
to
quote
it
,
dooth
bewraie
his
packing
and
fond
collection
,
as
though
there
were
no
cause
of
reteining
mo
benefices
,
but
when
they
are
verie
small
,
whereas
that
verie
glosse
gathereth
in
a
verse
other
causes
also
,
which
I
haue
touched
afore
.
Paupertas
,
pendens
,
defectus
,
gratia
,
seruans
,
Ecclesias
retinere
duas
,
dat
quodlibet
horum
.
And
bicause
he
saw
that
this
ouerthrew
his
former
deuise
,
whereby
he
affirmed
,
that
a
man
hauing
once
made
choise
of
a
benefice
,
be
it
great
or
small
,
might
not
séeke
anie
augmentation
:
therefore
as
a
pope
which
is
fained
to
haue
all
lawes
and
interpretations
In
scrinio
pectoris
,
he
taketh
vpon
him
to
declare
,
that
this
lawfull
inioieng
of
two
small
benefices
,
is
to
be
vnderstood
onlie
,
when
as
the
one
of
them
being
a
competent
liuing
at
his
entrance
,
is
by
some
casualtie
afterwards
impouerished
,
euen
cleane
contrarie
to
the
circumstance
of
the
place
:
and
so
by
his
owne
bold
surmise
,
he
dareth
to
distinguish
against
law
,
where
the
law
maketh
no
such
distinction
.
Which
like
dexteritie
also
dooth
he
handle
that
matter
,
where
it
may
iustlie
be
said
,
that
churches
are
(
to
the
effect
afore
mentioned
)
small
in
reuenue
.
For
[
](A19392-e117090-b)*
*
10.
q.
3.
6.
vnio
.
the
canon
,
which
he
hath
wrong
quoted
,
dooth
not
once
mention
smalnesse
in
reuenue
,
which
he
would
haue
vs
beléeue
,
that
it
goeth
about
to
define
:
but
onlie
a
politike
direction
is
there
set
downe
in
a
councell
,
according
to
the
vse
of
those
times
,
for
Bishops
to
looke
vnto
,
in
vniting
of
parishes
,
which
were
meet
to
be
gouerned
by
one
priest
.
Ecclesia
quae
vsque
ad
decem
habuit
mancipia
,
super
se
habeat
sacerdotem
,
quae
verò
minùs
,
alijs
coniungatur
ecclesijs
:
That
church
which
at
the
least
had
ten
seruants
or
bondmen
,
let
it
haue
a
priest
ouer
it
,
and
that
which
hath
lesse
let
it
be
ioined
vnto
other
churches
.
That
which
this
canon
setteth
downe
for
an
estimat
of
some
sufficiencie
of
reuenue
,
by
the
bondment
belonging
to
the
propertie
of
the
church
:
the
Abstractor
ignorantlie
and
vntrulie
dooth
transtate
Corrupt
&
ignorant
translations
.
Housholds
,
and
would
hereby
gather
wheresoeuer
ten
housholds
be
,
that
there
the
ministers
maintenance
will
rise
to
a
full
sufficiencie
.
But
I
would
wish
those
which
thinke
so
,
might
be
tried
but
for
seauen
yeares
togither
,
how
they
could
mainteine
themselues
,
and
what
hospitalitie
they
would
vse
by
the
tythes
,
offrings
,
or
contributions
from
some
seuerall
score
of
housholds
which
I
could
name
vnto
them
.
For
as
at
the
first
the
chiefe
of
euerie
priuate
mans
wealth
consisted
In
pecudibus
&
pecoribus
,
in
cattell
,
shéepe
and
goates
,
whereupon
it
came
to
be
called
Pecunia
:
so
,
about
the
florishing
time
of
the
monarchie
of
Rome
,
the
chiefest
part
of
their
wealth
either
consisted
or
was
esteemed
Permancipia
,
by
the
number
of
their
seruants
and
bondmen
.
In
somuch
that
this
word
did
herevpon
,
and
by
their
manner
of
selling
Per
mancipationem
then
vsed
,
come
to
signifie
all
their
moueable
goods
,
as
Praedia
hereditaments
,
signified
their
vnmoueables
.
Not
[
](A19392-e117200-b)*
*
L.
3.
Offic.
onelie
(
saith
Tullie
)
in
lands
or
hereditaments
,
the
ciuill
law
drawne
from
nature
dooth
punish
ill
dealing
and
guile
,
but
also
all
deceit
of
fellers
is
excluded
in
the
sale
Mancipiorum
of
mooueables
.
And
againe
,
It
is
manifest
(
saith
[
](A19392-e117240-b)*
*
L.
3.
ff.
de
diuers
.
tempo
.
praescript
.
the
law
that
prescription
of
long
time
hath
place
,
Tam
in
praedijs
,
quàm
in
mancipijs
,
as
well
in
vnmooueables
,
as
in
mooueables
.
Whereby
appeareth
that
not
the
Pluralists
,
but
the
Abstractor
,
is
ignorantlie
or
Wilfullie
blind
,
which
can
make
by
a
strange
Alchimie
of
one
bondman
a
whole
houshold
,
and
of
ten
of
them
a
sufficient
parish
,
in
déed
fit
inough
to
mainteine
such
a
profound
doctor
as
he
himselfe
is
.
That
which
he
alledgeth
out
of
Rebuff
.
against
the
practise
of
the
Pope
and
church
of
Rome
,
which
rather
in
dispensations
respect
the
vtilitie
of
the
partie
than
of
the
church
(
which
ought
chieflie
to
be
regarded
)
perteineth
to
be
defended
by
the
patrones
of
poperie
,
and
not
to
this
church
of
England
,
against
which
his
forces
are
bent
.
Yet
it
argueth
,
both
that
the
benefiting
of
the
partie
,
though
not
chieflie
may
be
respected
,
and
that
a
dispensation
may
in
truth
tend
to
the
benefit
of
the
church
,
and
therefore
may
be
lawfull
euen
by
his
owne
confession
.
17.
Section
.
Pag.
145
,
146
,
147
,
148
,
149
,
150
,
151.
THis
man
surelie
hath
a
great
gift
of
a
little
more
boldnesse
than
audacitie
commeth
vnto
,
which
not
onelie
prouoketh
men
to
the
examination
of
his
wrested
,
racked
,
and
falsified
lawes
,
but
to
the
hinderance
of
hir
Maiesties
seruice
,
and
that
he
and
his
con●ederats
,
might
in
the
meane
time
trouble
the
vnitie
of
the
church
,
would
set
hir
Highnesse
commissioners
aworke
one
against
another
,
as
the
diuell
in
the
person
of
Frier
Rush
hath
béene
fained
to
haue
done
amongst
the
couent
.
Which
as
he
dooth
malicioustie
,
with
odious
comparisons
against
the
ecclesiasticall
men
in
the
said
commission
:
so
(
I
doubt
not
)
but
withall
his
factious
flatterie
is
euen
lothsome
and
importune
to
all
the
other
imploied
in
that
commission
,
whome
he
maketh
Sounder
and
better
than
the
ecclesiasticall
men
,
and
not
onelie
Godlie
(
as
they
are
indéed
)
but
so
farre
foorth
,
as
though
he
could
not
bestow
this
Epither
vpon
any
of
the
other
,
without
derogation
from
them
.
Which
if
it
be
not
to
sowe
the
seeds
of
dissention
amongst
the
great
men
of
the
land
,
I
know
not
well
what
may
be
so
accompted
.
But
those
ecclesiasticall
men
in
commission
,
whome
he
so
sawcilie
debaseth
,
are
I
hope
all
of
them
so
borne
vp
with
a
good
conscience
,
that
they
feare
not
either
the
virulent
and
spitefull
accusations
of
any
such
Grachus
or
Saturnius
as
this
is
,
neither
are
they
afraid
to
haue
their
dooings
orderlie
sifted
by
whomsoeuer
.
The
lawes
,
which
he
would
haue
at
his
intreatie
some
of
The
commissioners
to
put
in
execution
,
doo
make
void
(
he
saith
)
euerie
dispensation
granted
for
longer
time
than
for
seauen
yeares
,
to
the
enioieng
of
mo
benefices
than
one
.
But
if
the
proofes
which
he
hath
alreadie
brought
to
prooue
them
Contra
〈…〉
to
be
vnlawfull
,
as
being
against
Gods
lawe
and
mans
lawe
,
be
so
substantiall
,
as
he
would
beare
the
simple
in
hand
:
then
come
in
these
Lawes
here
to
no
purpose
,
euen
a
daie
after
the
faire
.
For
if
no
law
warrant
them
,
they
are
void
in
themselues
without
anie
further
respect
had
vnto
any
circumstances
about
their
granting
.
But
a
little
to
runne
ouer
his
proofes
.
The
first
speaketh
not
of
dispensations
for
pluralitie
,
nor
of
the
making
void
of
them
,
nor
of
any
limitation
of
time
to
inioy
them
,
or
to
grant
them
:
but
onelie
,
that
by
ordinarie
course
of
law
,
a
man
is
to
be
resident
in
his
benefice
,
albeit
for
a
time
and
vpon
a
reasonable
cause
,
the
Ordinarie
may
dispense
with
him
for
his
non
residence
.
The
glosse
thereof
he
hath
falsified
.
For
it
saith
not
,
that
the
Pope
cannot
,
but
that
he
which
Falsification
.
was
then
Pope
did
not
giue
faculties
of
perpetuall
non
residence
,
such
as
were
granted
by
his
predecessor
.
And
he
resoneth
(
as
his
vse
is
)
like
a
deepe
Logician
,
A
specie
ad
genus
negatiuè
;
Bicause
dispensations
for
non
residence
may
An
absurd
reason
.
not
be
granted
during
life
,
Therefore
no
dispensations
at
all
may
be
perpetuall
.
The
like
may
be
answered
to
the
next
place
,
which
speaketh
not
of
a
facultie
for
pluralitie
,
but
De
non
promouendo
.
Whereby
such
as
were
students
abroad
,
might
be
suffered
to
reteine
a
benefice
by
the
space
of
seauen
yeares
,
without
taking
anie
further
orders
than
subdeaconship
:
which
thing
neuertheles
the
Abstractor
did
omit
,
and
dooth
cut
off
with
an
,
&c.
But
in
the
[
](A19392-e117520-b)*
*
c.
cum
ex
eo
de
elect
.
in
.
6.
preface
of
this
constitution
,
we
haue
an
euident
example
to
admonish
vs
of
the
necessarie
reteining
of
some
authoritie
to
dispense
:
least
lawes
being
generallie
made
for
publike
good
,
by
occurrences
falling
out
afterward
,
(
which
could
not
be
at
the
first
foreséene
)
be
turned
indeed
to
the
damage
and
detriment
of
the
church
.
For
in
this
constitution
it
is
reported
,
how
by
reason
of
a
canon
made
in
the
councell
of
Lyons
,
which
exacted
that
within
one
yere
he
that
would
inioy
a
benefice
,
should
necessarilie
become
préest
:
that
few
or
none
which
were
learned
,
or
meant
to
increase
their
knowledge
,
would
accept
of
anie
parochiall
benefice
.
Whervpon
the
Bishop
of
Rome
was
now
vrged
to
grant
vnto
Bishops
libertie
of
dispensing
for
the
space
of
seauen
yeares
,
to
such
as
would
be
subdeacons
,
De
non
promouendo
,
so
they
continued
in
some
place
of
studie
.
But
what
is
this
to
the
practise
of
our
church
,
which
hath
by
statute
no
facultie
in
force
for
a
beneficed
person
with
cure
of
soule
De
non
promouendo
.
For
he
must
needs
be
of
a
certeine
age
,
and
a
13.
Eliz.
c.
12.
deacon
,
before
he
can
be
admitted
to
such
a
benefice
:
and
within
a
yeare
after
he
must
be
full
minister
vpon
the
penaltie
and
losse
of
his
liuing
,
Ipso
facto
.
And
yet
vpon
the
like
danger
,
for
the
which
it
was
not
thought
méet
that
this
kind
of
facultie
should
be
granted
during
life
:
he
vrgeth
the
cutting
off
at
the
seauen
yeares
end
,
of
the
validitie
of
dispensations
also
for
pluralitie
.
But
I
answer
,
that
this
constitution
is
penall
and
strict
,
and
therefore
not
to
receiue
anie
such
extension
:
That
the
rule
that
the
same
reason
maketh
the
like
law
hath
manie
limitations
,
whereof
some
may
be
found
to
be
appliable
to
this
case
,
and
are
touched
in
the
former
treatise
:
and
lastlie
,
that
in
these
two
faculties
the
reasons
be
not
alike
.
For
he
that
inioieth
a
pluralitie
,
gouerneth
and
profiteth
the
church
by
his
learning
atteined
in
that
place
where
he
maketh
his
resiance
:
whereas
,
if
a
dispensation
De
non
promouendo
,
during
the
time
he
would
remaine
at
studie
,
should
indefinitlie
be
granted
without
limitation
,
then
the
partie
might
continuallie
be
a
learner
without
euer
profiting
(
by
instruction
)
any
part
of
the
church
in
any
place
where●oeuer
.
Yea
,
the
law
decideth
this
controuersie
,
by
permitting
the
grant
of
the
one
dispensation
for
life
,
and
making
the
other
but
temporarie
,
which
is
aboue
all
dispute
.
So
that
although
he
that
is
dispensed
with
to
inioy
two
benefices
,
be
not
accompted
directlie
to
haue
a
facultie
of
non
residence
,
they
two
being
diuerse
:
yet
is
it
by
law
(
[
](A19392-e117610-b)*
*
Gl.
in
c.
in
tantum
Ext.
de
Praeb.
as
to
other
accessaries
necessarilie
consecutiue
,
without
the
which
it
could
not
else
sort
to
effect
)
to
be
extended
also
to
conteine
and
implie
this
facultie
,
[
](A19392-e117620-b)*
*
Gl.
in
c.
non
potest
de
prae
.
in
6.
Fely.
in
c.
fin
.
Ext.
de
Simon
.
Ias
.
in
l.
beneficium
ff.
de
const.
principum
.
Panorm.
in
c.
extirpand●
§.
qui
verò
Ext.
de
Prebend
.
that
he
need
but
to
reside
in
the
One
of
his
benefices
,
bicause
no
man
can
be
personallie
resident
in
two
churches
at
one
time
.
Therefore
out
of
the
premisses
I
answer
to
his
Maior
proposition
two
waies
.
First
,
that
if
dispensation
be
taken
for
an
administration
of
iustice
and
right
,
as
it
is
sometimes
vsed
,
then
is
the
verie
collation
and
institution
of
a
worthie
man
,
a
facultie
whereby
he
may
inioy
the
fruits
of
a
parish
church
during
life
,
though
not
in
his
absence
which
is
not
here
expressed
:
and
in
this
sense
his
Maior
is
vntrue
,
as
making
all
such
to
be
void
.
Againe
,
there
lurketh
a
fallacie
in
the
equiuocation
of
the
word
Granted
.
For
if
it
be
vnderstood
of
an
expresse
grant
to
him
that
shall
be
absent
(
as
I
thinke
he
meaneth
)
which
is
a
direct
facultie
for
non
residence
,
and
be
granted
by
an
inferiour
since
the
making
of
that
constitution
,
considering
no
absolute
or
souereigne
prince
(
such
as
the
pope
claimeth
to
be
)
can
thereby
be
tied
otherwise
than
voluntarilie
,
Quia
par
in
parem
non
habet
imperium
:
then
will
I
grant
his
conclusion
.
But
if
he
will
extend
the
word
granted
so
far
,
as
to
carie
all
such
grants
,
whether
expreslie
so
conceiued
,
or
but
by
implication
onelie
:
then
is
it
to
be
denied
as
false
:
bicause
in
a
dispensation
for
pluralitie
,
by
the
secret
operation
of
lawe
,
a
faculitie
of
non
residence
vpon
the
one
or
the
other
benefice
is
necessarilie
implied
and
allowed
(
without
expressing
)
euen
during
the
life
of
the
partie
.
And
therefore
there
is
no
cause
,
whie
by
collusion
or
indirectlie
,
the
Archbishop
should
seeke
(
if
he
were
so
desirous
in
that
sort
to
gratifie
any
man
)
to
renew
their
faculties
of
pluralities
after
seauen
yeres
:
séeing
he
may
by
law
grant
them
for
terme
of
life
;
which
may
necessarilie
be
thereof
inferred
,
bicause
the
partie
being
instituted
to
a
perpetuitie
in
both
,
and
dispensed
with
to
reteine
and
keepe
them
,
it
cannot
be
otherwise
intended
,
but
that
his
dispensation
shall
last
so
long
time
,
as
[
](A19392-e117650-b)*
*
c.
si
gratiosae
Ext.
de
rescri
.
c.
satis
peruersum
dist.
66.
A
confident
and
false
asseueration
.
he
shall
haue
title
vnto
them
,
which
is
during
his
life
.
Therefore
I
cannot
in
truth
maruell
inough
at
the
confidence
of
this
man
,
that
so
generallie
dare
auowch
in
the
negatiue
vpon
no
more
ground
then
you
see
,
that
Before
the
25.
of
H.
8.
no
facultie
was
granted
at
the
See
of
Rome
,
or
by
authoritie
thereof
,
for
the
reteining
(
as
he
meaneth
)
of
the
fruits
of
any
parish
church
,
longer
than
for
seuen
yeares
space
.
When
as
manie
yet
liuing
,
are
able
to
shew
autentike
buls
(
whereof
some
I
haue
seene
)
to
the
contrarie
.
And
Rebuff
.
who
[
](A19392-e117670-b)*
*
Rebuff
.
in
forma
dispen
.
ad
duo
.
&
in
verb.
quoad
vixeris
.
setteth
downe
the
most
ordinarie
tenor
of
them
,
as
they
were
sped
vsuallie
in
the
court
of
Rome
,
and
maketh
an
exposition
of
them
,
dooth
shew
that
they
were
not
onelie
in
title
but
also
In
commendam
granted
there
for
terme
of
life
.
Yea
,
though
they
had
not
beene
there
so
granted
,
yet
the
[
](A19392-e117690-b)*
*
21.
H.
8.
c.
13
statute
which
throughout
speaketh
of
Purchasing
dispensation
,
of
taking
,
receiuing
,
and
keeping
of
two
benefices
with
institution
and
induction
,
which
bréedeth
a
title
,
and
that
without
any
limitation
or
distinction
of
time
,
dooth
conuince
him
of
arrogant
vanitie
in
this
behalfe
.
For
[
](A19392-e117700-b)*
*
25.
H.
8.
c.
21
the
statute
for
dispensations
,
dooth
not
alonelie
establish
licences
accustomed
to
be
granted
by
the
See
of
Rome
(
as
he
vntrulie
surmiseth
)
but
reacheth
also
in
some
sort
vnto
dispensations
for
any
matter
whatsoeuer
,
not
contrarie
nor
repugnant
to
the
word
of
God
.
And
if
he
will
affirme
these
dispensations
during
life
to
be
contrarie
to
it
,
then
shall
he
not
be
anie
more
able
to
excuse
those
which
are
granted
but
for
terme
of
seauen
yeares
,
(
which
he
seemeth
to
thinke
lawfull
)
than
he
may
doo
the
other
which
be
perpetuall
.
And
herevpon
againe
he
telleth
The
commissioners
,
that
manie
licences
will
vpon
this
point
be
found
void
,
which
hath
told
vs
by
the
scope
of
this
whole
discourse
,
that
all
dispensations
for
pluralitie
were
simplie
forbidden
by
lawe
,
wherevpon
it
must
néeds
follow
,
that
they
should
be
vtterlie
Contrarietie
.
void
,
so
that
all
this
labour
about
making
of
them
void
,
vpon
the
Causes
and
circumstances
of
granting
,
is
hereby
descried
to
be
as
needlesse
and
vaine
,
as
his
proofes
of
the
former
indeuour
were
weake
and
feeble
.
18.
Sect.
Pag.
151
,
152
,
153
,
154
,
155
,
156.
THe
matters
conteined
in
this
section
(
I
do
take
it
)
may
verie
conuenientlie
be
reduced
to
these
foure
heads
,
that
dispensations
are
to
be
granted
with
examination
and
looking
into
the
cause
,
that
they
must
be
granted
at
and
according
to
the
p●tition
of
the
partie
,
that
nothing
be
expressed
or
concealed
,
which
by
likelihood
might
haue
induced
the
iudge
to
denie
the
dispensation
,
and
lastlie
that
he
dispense
not
,
but
where
the
law-maker
himselfe
would
haue
béene
mooued
to
dispense
,
by
the
equitie
of
the
cause
,
if
the
case
in
particular
had
beene
opened
vnto
him
.
Now
if
he
meant
hereby
to
instruct
the
Archbishop
how
to
obserue
law
in
granting
such
dispensations
,
which
he
would
beare
vs
in
hand
are
wholie
vnlawfull
;
then
hath
he
sadlie
indeuoured
himselfe
(
as
the
prouerbe
is
)
to
be
starke
mad
yet
with
good
reason
and
discreation
.
Yet
the
Archbishop
hath
perhaps
some
cause
to
giue
him
thanks
:
which
out
of
that
deepe
buttrie
,
and
plentifull
storehouse
of
law
,
wherewith
by
long
and
painefull
studie
no
doubt
he
is
furnished
,
hath
at
the
length
with
much
trauell
and
greeuous
throws
,
brought
into
the
world
such
a
litter
of
lawes
,
as
the
Archbishop
could
not
haue
had
with
so
apt
applications
,
at
the
best
Ciuilians
mouth
about
the
arches
,
for
a
thousand
pound
.
But
if
he
meant
onlie
to
informe
aforehand
those
,
which
shall
sit
vpon
the
Commission
,
which
he
mindeth
to
purchase
forth
,
how
they
may
trip
the
Archbishop
for
breach
of
these
lawes
,
which
yet
For
the
most
part
heretofore
were
vnknowne
and
vnpractised
:
then
it
were
requisite
he
should
yer
he
leape
,
looke
whether
his
Rapsodies
and
Summaries
haue
not
deceiued
him
,
and
whether
his
collections
vpon
them
,
were
not
something
too
hastilie
ripe
for
to
last
out
anie
long
time
.
That
[
](A19392-e117750-b)a
a
Gl.
extra
vag
.
execra
.
bilis
de
praeb.
ver.
vltimo
.
which
he
quoteth
in
the
first
place
,
though
it
be
true
that
a
knowledge
of
the
cause
must
be
had
,
conteineth
no
such
matter
at
all
,
that
Priuileges
be
preiudiciall
,
is
neither
generallie
true
,
nor
yet
prooued
and
confirmed
by
anie
of
the
lawes
which
he
alledgeth
.
But
that
those
things
which
doo
bréed
preiudice
,
are
to
be
handled
with
full
knowledge
taken
of
the
matter
(
which
he
translateth
vnskilfully
Decision
of
the
cause
)
are
the
words
of
the
summarie
of
that
law
,
and
[
](A19392-e117760-b)b
b
Summa
.
l.
de
etate
ff.
de
minoribus
.
not
so
full
in
the
verie
law
it selfe
.
And
yet
by
the
word
Preiudice
there
vsed
,
a
damage
or
detriment
(
as
it
signifieth
in
our
common
speech
)
is
not
meant
;
but
a
foreiudging
of
one
thing
implied
by
another
:
albeit
that
other
meaning
giuen
by
me
else-where
to
the
same
place
,
may
be
also
safelie
admitted
.
That
of
the
[
](A19392-e117770-b)c
c
Gl.
in
ver.
certa
ratione
c.
sane
Ext.
de
priuileg
.
per
c.
petisti
.
7.
q.
1.
consideration
of
the
reason
and
deliberation
to
be
had
in
granting
a
priuilege
,
are
the
words
of
the
glosse
,
and
not
of
the
text
,
gathered
by
the
like
example
of
that
canon
by
him
quoted
Potuisti
in
steed
of
Petisti
.
The
other
is
too
strange
a
quotation
for
me
to
coniecture
what
should
be
meant
by
it
,
or
where
it
may
be
heard
of
.
The
next
likewise
to
these
is
such
a
§
.
quoted
without
law
,
as
I
can
not
find
in
the
title
whither
he
directeth
me
.
That
[
](A19392-e117800-b)d
d
Linuito
ff.
de
regulis
i●ris
.
following
is
not
Inuito
non
debet
conferri
beneficium
,
but
,
Non
datur
:
a
benefit
is
not
bestowed
of
a
man
which
is
vnwilling
to
receiue
it
.
The
place
out
of
the
[
](A19392-e117830-b)e
e
c.
licet
Aeli
.
Ext.
de
simon
.
decretals
hath
no
such
matter
as
he
ascribeth
to
it
,
but
conteineth
a
good
example
of
it
,
whereof
by
waie
of
argument
that
may
be
drawne
.
And
that
[
](A19392-e117840-b)f
f
Summar
.
l.
fin
.
C
de
fidei
com
.
libertatibus
.
out
of
the
Code
is
the
summarie
onelie
gathered
of
that
law
which
is
quoted
;
but
he
shall
neuer
prooue
good
lawyer
,
Qui
sapit
tantùm
ex
summarijs
,
as
one
truelie
saith
.
And
these
be
his
proofes
of
the
two
first
heads
which
he
hath
as
slenderlie
(
you
sée
)
prooued
,
as
it
was
in
truth
superfluous
to
stand
vpon
such
points
,
which
beeing
truelie
vnderstood
,
none
will
denie
.
Yet
if
either
the
looking
into
the
cause
or
petition
of
the
partie
should
be
omitted
,
there
is
no
one
word
here
so
much
as
cast
out
,
that
in
such
respect
the
dispensation
should
be
void
.
But
I
do
coniecture
,
that
(
of
the
Petition
of
the
partie
)
is
brought
in
by
him
,
against
the
vsuall
clause
Ex
mero
vel
proprio
motu
:
though
he
doo
not
plainelie
expresse
so
much
.
If
it
be
so
,
then
truelie
he
sheweth
his
ignorance
greatlie
therein
,
for
a
man
may
be
said
to
grant
of
his
owne
proper
or
meere
motion
,
although
the
partie
made
petition
:
when
[
](A19392-e117870-b)*
*
Bald.
in
c.
nisi
Ext.
de
off
.
legat
.
Dec.
cons.
51.
&
pro
tenui
.
C●●t
sen.
consil.
66.
Paris
.
in
c.
accedentes
Ext.
de
preser.
Cagnol
.
in
l.
qui
cum
ali●
ff.
de
reg.
iuris
.
as
he
is
not
mooued
to
grant
,
onlie
bicause
the
other
desired
it
,
but
of
a
willingnesse
also
and
bountie
in
himselfe
.
But
how
the
Abstractor
should
vpon
these
spéeches
ground
,
(
which
he
was
bungling
about
once
before
,
euen
with
a
contrarietie
to
himselfe
)
that
no
cause
may
be
alledged
for
obteining
of
a
dispensation
,
Sauing
necessitie
and
vtilitie
of
the
church
,
I
can
not
possiblie
deuise
,
except
he
be
inspired
with
Anaxagoras
spirit
Per
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
by
Pythagoricall
transanimation
,
who
would
make
Quidlibet
ex
quolibet
,
euen
what
you
will
of
anie
thing
.
Touching
his
Syllogisme
,
I
am
to
saie
,
that
if
in
his
indefinite
Minor
,
assuming
Dispensations
to
be
hurtfull
and
preiudiciall
,
he
will
speake
like
a
Logician
,
with
whom
propositions
of
that
quantitie
are
reputed
equiualent
with
particulars
;
I
will
grant
that
some
be
such
.
But
if
he
speake
therein
as
a
lawyer
,
with
whom
such
are
correspondent
to
vniuersall
propositions
,
I
doo
denie
it
as
vntrue
.
Further
I
obserue
,
that
he
hath
ca●telouslie
changed
the
words
of
the
glosse
,
speaking
of
Deliberation
and
aduisement
,
and
whervpon
his
Maior
should
be
warranted
,
into
Consultation
:
as
though
it
were
requisite
in
granting
of
euerie
dispensation
,
to
haue
a
solemne
conference
(
of
I
know
not
whom
or
how
ma●●e
)
to
debate
the
matter
.
And
where
by
supposall
he
saemeth
to
deliuer
,
that
vpon
The
consultation
,
a
Sentence
must
be
framed
to
that
purpose
,
and
thereto
[
](A19392-e117910-b)*
*
c.
sano
Ex●
.
de
priuilegijs
.
quoteth
a
place
:
it
dooth
no
more
serue
this
turne
,
than
if
he
should
haue
alledged
it
for
proofe
that
an
armie
of
men
ought
also
to
be
present
.
As
touching
the
third
point
I
doo
yeeld
,
that
he
which
séeketh
a
dispensation
,
ought
not
to
suggest
or
conceale
any
thing
outward
and
in
fact
,
whereby
it
is
probable
the
iudge
might
be
led
to
denie
such
dispensation
.
And
likewise
,
that
an
inferior
iudge
,
who
is
tied
in
dispensations
to
the
ordinarie
course
of
law
,
should
not
dispense
in
such
cases
as
he
is
persuaded
the
superior
,
who
gaue
him
authoritie
,
would
not
dispense
in
.
The
first
of
the
places
,
which
to
this
purpose
he
bringeth
,
is
either
by
the
printer
negligentlie
,
or
by
himselfe
so
peruerselie
quoted
,
that
I
haue
no
direction
therby
to
find
it
.
The
other
place
speketh
not
of
dispensing
,
but
of
iudging
,
and
decideth
that
there
should
lie
none
appellation
,
A
praefecto
praetorio
,
being
the
chéefest
officer
vnder
the
Emperor
,
and
not
much
vnlike
the
L.
Chancellor
here
:
bicause
it
was
to
be
beléeued
and
presumed
,
that
he
would
iudge
none
otherwise
than
the
prince
himselfe
would
:
and
is
not
(
as
he
alledgeth
)
Non
aliter
iudicare
debet
,
He
ought
not
otherwise
to
iudge
,
but
it
is
to
be
beleeued
that
he
will
not
iudge
.
Now
to
prooue
that
the
parlement
,
which
by
act
authorized
the
Archbishop
to
dispense
,
would
not
grant
a
facultie
for
two
benefices
,
though
all
externall
circumstances
consisting
in
fact
,
were
in
specialtie
trulie
recounted
without
concealment
of
any
point
materiall
&
requisite
therein
to
be
knowne
:
he
hath
deuised
a
proper
new
matter
and
interlude
with
diuerse
interlocutors
,
neuer
plaid
before
:
wherin
he
plaieth
all
the
parts
himselfe
,
and
one
besides
.
By
which
in
effect
he
must
for
his
purpose
collect
thus
:
The
parlement
would
not
grant
to
some
man
a
dispensation
for
the
reteining
of
two
benefices
,
Therefore
it
will
denie
vnto
all
men
.
Or
thus
:
To
him
which
hath
sufficient
alreadie
,
they
of
the
parlement
would
denie
,
Therefore
the
Archbishop
ought
also
to
denie
.
The
first
dooth
not
follow
,
and
the
antecedent
of
the
second
is
not
necessarilie
true
.
Pag.
142
For
the
Abstractor
himselfe
hath
deliuered
,
that
Dispensations
are
not
to
be
granted
for
the
necessitie
,
or
vtilitie
of
the
dispensed
,
but
vpon
other
vrgent
necessity
,
vtilitie
of
the
church
,
descent
from
ancient
parentage
,
or
for
excellent
qualities
of
the
mind
.
All
,
diuerse
,
or
some
one
of
which
may
happen
to
be
found
in
him
which
hath
sufficiencie
of
maintenance
alreadie
,
by
ecclesiasticall
preferments
.
Therefore
the
Maior
of
his
syllogisme
,
speaking
of
the
parlement
or
the
Archbishops
passing
of
a
dispensation
to
a
man
which
hath
two
benefices
alreadie
,
is
a
vaine
and
childish
supposall
of
a
thing
impossible
,
the
law
standing
as
it
dooth
:
for
he
which
presentlie
dooth
inioy
two
benefices
with
cure
of
soule
or
parish
churches
(
whereof
onelie
this
treatise
speaketh
)
can
not
effectuallie
be
dispensed
with
for
such
another
.
And
besides
the
drift
of
his
speeches
,
it
may
otherwise
be
certeinelie
presumed
,
that
he
meaneth
not
in
this
discourse
by
Plurified
men
,
such
of
his
dearlings
as
make
no
scruple
of
inioieng
not
onlie
a
Dualitie
but
a
Trialitie
,
or
Totquot
of
prebends
,
or
such
like
ecclesiasticall
promotions
seldome
or
neuer
comming
thither
to
do
any
dutie
:
yea
,
and
that
without
anie
dispensation
,
for
else
it
were
no
bargaine
.
Yet
this
is
in
verie
truth
the
case
,
which
such
lawes
as
he
hath
brought
(
so
bitterlie
inueighing
against
pluralities
)
doo
for
the
most
part
speake
of
and
meane
,
for
that
by
law
they
are
reputed
benefices
as
well
as
the
rest
:
yea
,
although
it
were
but
a
Prest-monie
or
pension
out
of
anie
ecclesiasticall
preferment
,
it
ought
not
to
be
reteined
togither
with
another
,
without
a
dispensation
.
So
that
,
if
he
deale
anie
more
so
strictlie
and
vnaduisedlie
,
as
to
seeke
the
taking
awaie
in
generall
of
all
dispensations
for
mo
benefices
,
and
therby
call
into
question
or
endanger
some
mens
holding
of
mo
prebends
,
or
other
ecclesiasticall
promotions
than
one
;
he
may
happen
haue
his
proxie
of
speaking
for
them
reuoked
,
and
be
controlled
hardlie
besides
.
The
Minor
also
is
but
a
loose
and
vncerteine
coniecture
,
what
the
parlement
would
doo
in
such
a
case
.
For
the
Abstractor
himselfe
hath
giuen
sentence
alreadie
what
they
may
doo
by
law
,
if
anie
of
the
for
〈…〉
●amed
inducements
be
found
in
a
man
though
otherwise
sufficientlie
prouided
for
.
Yet
further
he
hath
not
decided
or
touched
anie
proofe
of
this
:
if
the
Archbishop
dispense
where
it
is
not
likelie
the
parlement
would
so
doo
,
whether
thereby
the
dispensation
shall
be
void
?
But
the
statute
it selfe
dooth
Ex
superabundanti
decide
all
these
points
,
wherevpon
the
Abstractor
so
much
ploddeth
purposelie
to
make
some
dispensations
void
in
some
other
respects
:
bicause
he
can
not
prooue
them
to
be
simplie
against
law
,
and
also
for
to
make
the
dooings
of
●he
Archbishop
odious
,
as
though
he
did
passe
some
faculties
in
other
manner
than
law
would
warrant
.
For
the
act
dooth
both
set
downe
that
in
cases
accustomed
to
be
sped
at
the
See
of
Rome
,
and
also
in
such
as
had
not
beene
so
accustomed
being
first
allowed
by
the
prince
or
his
councell
(
yet
alwaies
so
that
they
were
not
contrarie
or
repugnant
to
the
word
of
God
)
the
Archbishop
might
dispense
:
(
for
the
which
purpose
also
a
booke
of
taxes
of
all
such
manner
of
dispensations
in
accustomed
cases
was
agréed
vpon
,
and
rated
out
by
authoritie
thereof
)
and
it
dooth
besides
for
the
for●●e
and
manner
of
procéeding
in
granting
of
them
,
indow
the
Archbishop
and
his
successors
with
Full
power
&
authoritie
by
themselues
or
by
their
sufficient
and
substantiall
commissarie
or
deputie
,
by
their
discretions
from
time
to
time
,
to
grant
and
dispose
,
by
an
instrument
vnder
the
name
and
seale
of
the
said
Archbishop
to
anie
subiect
,
&c:
all
maner
licences
,
dispensations
,
&c.
By
[
](A19392-e117970-b)a
a
Gemin
.
in
c.
rela●●
.
37.
dist.
Imol.
&
Fely.
in
c.
1.
de
constit
.
Ruinus
cons.
18.
li.
10.
Bart.
in
l.
alio
ff.
de
aliment
.
&
cib
.
soc
.
sen.
cons.
170.
li.
2.
which
words
of
Full
power
and
authoritie
,
and
by
their
discretions
,
they
doo
stand
free
and
exempted
(
as
law
dooth
teach
)
from
the
exact
and
limited
obseruation
of
the
order
and
course
of
law
positiue
concerning
the
maner
of
proceeding
:
and
doo
onlie
rest
bound
,
with
the
reason
of
the
law
of
nature
,
that
therin
they
procéed
not
to
deale
anie
waie
dishonestlie
.
Which
condition
,
euen
in
such
Full
and
ample
authorities
whatsoeuer
,
must
be
[
](A19392-e117980-b)b
b
L.
1.
iunct
.
l.
dotalem
l.
in
fraudem
.
&
l.
si
a
milite
.
§.
1.
&
2.
ff.
de
milit.
test
.
l.
3.
§.
procurator
.
ff.
quod
quisque
iuris
.
alwaies
vnderstood
and
obserued
.
Now
a
Full
and
free
authoritie
of
[
](A19392-e117990-b)c
c
Bald.
in
tracta
.
statut.
verb.
arbitrium
.
disposition
,
is
noted
to
be
of
foure
sorts
in
law
.
First
,
in
the
disposition
of
a
mans
owne
priuate
goods
,
whereby
he
may
choose
that
which
hath
lesse
equitie
,
and
leaue
that
which
hath
greater
:
l.
fidei
commissa
§
.
quanquam
ff.
de
legat
.
3.
iuncta
.
l.
creditor
.
§
.
Lucius
ff.
mandati
.
Secondlie
,
when
it
is
not
grounded
vpon
anie
ordinarie
law
:
l.
ante
litem
ff.
de
procur
.
ibid.
libera
potestas
.
Thirdlie
,
when
without
anie
constraint
or
commandement
of
another
,
a
matter
is
fréelie
and
willinglie
doone
:
l.
siquis
maior
.
C.
de
transact
.
&
ibi
Iason
.
And
fourthlie
,
that
is
called
full
and
free
authoritie
,
which
néedeth
not
to
obserue
the
solemnities
of
law
:
l.
1.
ff.
de
Milit.
testam
.
Whereby
it
appeareth
,
that
albeit
the
Abstractor
had
prooued
sufficientlie
,
not
onelie
the
said
foure
circumstances
to
be
requisitie
by
ordinarie
course
of
law
,
in
granting
dispensations
for
pluralities
,
but
also
to
haue
béene
in
such
sort
necessarie
,
that
the
omission
of
anie
of
them
should
haue
made
void
the
facultie
granted
,
and
also
had
proued
that
in
truth
they
were
omitted
,
which
he
dooth
but
vainelie
and
beyond
ground
of
law
,
barelie
surmise
:
yet
would
the
act
of
parlement
(
we
see
by
law
)
haue
deliuered
all
dispensed
persons
from
anie
such
néedlesse
feare
,
and
the
Archbishop
and
his
Commissarie
from
all
iust
blame
.
19.
Section
.
Pag.
156
,
157
,
158
,
159
,
160.
IN
this
section
the
Abstractor
toucheth
these
points
especiallie
,
that
a
cause
for
dispensation
must
be
alleged
and
also
prooued
;
that
howsoeuer
some
causes
may
perhaps
be
prooued
,
yet
other
some
can
not
,
that
the
cause
béeing
not
prooued
,
maketh
the
dispensation
void
,
with
a
declaration
of
his
owne
resolute
opinion
,
&
of
some
others
,
touching
such
dispensations
.
Concerning
the
first
three
,
the
answers
before
made
,
may
suffice
.
The
first
of
them
he
would
prooue
by
similitude
of
other
matters
:
wherein
a
bare
allegation
without
proofe
,
is
not
sufficient
.
Which
though
it
might
well
be
spared
,
as
being
nothing
doubtfull
,
nor
necessarilie
concludent
to
his
purpose
:
yet
I
must
tell
him
,
that
his
quotations
in
the
margent
doo
not
warrant
that
,
which
is
in
the
discourse
.
For
[
](A19392-e118070-b)*
*
Bartol.
in
l.
1.
C.
de
probat
.
Bartol.
in
the
place
quoted
,
onelie
saith
:
that
the
plaintiffe
is
to
prooue
his
action
,
as
the
defendant
is
his
exception
.
The
place
quoted
out
of
the
Authentikes
Collat.
§
.
teneantur
;
and
the
next
Glos
.
&
Doct.
in
proem
.
l.
6.
are
new-found
directions
;
which
I
cannot
for
my
part
skill
of
:
except
by
the
latter
of
them
,
he
shuld
meane
the
preface
vpon
the
Sext
where
yet
no
such
thing
is
found
.
That
Of
restitution
of
a
church
damnified
,
wanteth
wholie
proofe
;
where
he
saith
,
The
like
is
verified
of
him
that
is
dispossessed
of
his
goods
in
the
time
of
his
absence
beyond
the
seas
,
and
thereto
quoteth
,
or
ment
to
quote
C.
consultationibus
Ext.
de
offic.
delegati
.
He
is
to
vnderstand
that
no
such
thing
to
any
like
purpose
is
there
verified
,
but
that
If
a
man
pretended
himselfe
to
haue
beene
eiected
out
of
possession
through
wrong
or
force
,
by
some
that
is
then
trauelling
abroad
about
studie
or
such
necessarie
occasion
,
that
possession
may
not
be
awarded
in
this
case
vnto
him
.
Touching
the
next
and
second
point
,
though
the
dispensations
we
handle
,
were
such
as
ought
to
be
granted
according
to
the
strict
course
of
proceeding
in
lawe
:
yet
one
of
the
foure
causes
(
which
is
sufficient
)
being
so
easie
to
be
prooued
(
as
he
himselfe
dooth
confesse
)
we
shall
not
need
to
expect
a
concurrence
of
them
all
,
as
he
must
either
here
haue
insinuated
to
be
requisite
,
or
else
must
yeeld
,
that
he
talketh
impertinentlie
to
the
matter
.
Yet
both
necessitie
and
vtilitie
to
haue
beene
looked
vnto
in
these
dispensations
,
may
be
shewed
:
(
though
not
in
the
prerogatiue
court
amongst
wils
and
administrations
as
he
gesseth
,
nor
yet
as
arising
by
Not
teaching
the
people
,
as
he
calmunious●ie
dooth
suggest
.
)
But
bicause
it
is
more
profitable
for
the
people
of
two
parishes
,
to
haue
a
learned
man
sometimes
to
instruct
them
,
and
he
thereby
to
be
well
mainteined
:
than
that
they
should
be
committed
to
two
seuerall
men
,
though
abiding
with
them
continuallie
,
yet
not
able
to
preach
to
anie
purpose
vnto
them
.
And
both
the
consecution
hereof
,
and
the
thing
it selfe
,
considering
the
number
of
congregations
,
and
the
raritie
(
in
comparison
of
them
all
)
of
able
preachers
in
England
,
is
or
may
be
notorious
to
the
world
.
Yea
,
and
they
are
forced
to
take
the
like
course
for
want
of
able
preachers
in
other
reformed
churches
abroad
,
as
in
Holland
,
Zeland
,
and
other
places
at
this
day
,
where
I
wis
they
haue
not
all
their
ministers
learned
and
able
preachers
:
but
sundrie
simple
(
though
godlie
)
artisans
to
serue
in
their
meaner
congregations
.
And
if
he
tell
vs
here
,
it
were
better
in
this
case
to
haue
an
vnion
;
though
this
cannot
so
be
cast
,
that
either
the
people
may
or
will
come
togither
to
one
place
,
but
that
euen
then
there
must
be
chapels
for
easier
resort
in
winter
,
and
for
the
elder
and
weaker
sort
at
all
times
,
(
which
is
all
one
in
effect
with
Pluralitie
,
séeing
the
auditorie
receiueth
partition
:
)
yet
it
were
more
thanke-worthie
in
him
,
or
in
any
other
that
could
deuise
a
plat
,
not
onelie
how
all
these
and
other
difficulties
,
and
the
inconueniences
of
innouation
may
be
met
with
in
these
vnions
:
but
also
the
meanes
how
it
might
be
compassed
,
that
patrones
should
willinglie
relinquish
their
inheritance
herein
,
or
ioine
it
according
to
this
deuise
with
others
,
Per
alternas
,
ternas
,
aut
quaternas
vices
:
or
how
it
may
stand
with
reason
,
to
breake
the
founders
and
testators
wils
in
this
case
,
more
than
in
the
other
.
In
his
entrance
into
the
third
point
,
he
contrarieth
his
Contrarietie
.
owne
saiengs
as
well
afore
,
where
he
assured
the
commissioners
they
should
find
Manie
dispensations
vpon
omission
of
some
circumstances
to
be
void
,
and
thervpon
their
benefices
void
:
as
here
where
he
saith
:
The
most
part
of
dispensations
to
be
nothing
in
effect
at
all
.
For
here
he
alledgeth
manie
lawes
,
onelie
to
prooue
,
that
such
faculties
ought
to
be
reuoked
and
made
void
in
lawe
:
and
so
confoundeth
Void
in
law
,
and
voidable
onelie
by
law
.
But
to
this
third
point
I
answer
;
Insomuch
the
Archbishop
hath
by
statute
Full
power
and
authoritie
by
his
discretion
to
dispense
,
whereby
sufficient
cause
is
alwaie
presumed
,
and
he
not
tied
to
all
these
solemnities
and
circumstances
,
and
for
that
,
neither
the
places
by
the
Abstractor
afore
alledged
doo
make
a
dispensation
simplie
void
,
where
such
circumstances
be
omitted
,
and
bicause
manie
things
may
be
done
in
other
forme
and
maner
than
law
prescribeth
,
which
are
not
in
that
respect
void
and
ad●●hilate
,
(
as
hath
béene
shewed
in
the
first
treatise
:
)
and
lastlie
,
bicause
the
allegation
of
these
omissions
is
a
matter
in
fact
,
and
by
himselfe
but
surmised
without
proofe
:
that
although
all
his
allegations
of
law
here
,
were
directlie
to
his
purpose
,
that
yet
these
dispensations
are
neither
void
nor
voidable
.
But
in
the
fourth
and
last
place
he
presseth
vs
with
authoritie
of
The
Lords
seruants
,
who
speake
against
them
,
preach
against
them
,
and
write
against
them
.
Indeed
a
man
may
be
the
Lords
seruant
,
and
so
doo
:
though
thereby
it
dooth
not
follow
,
that
either
they
doo
well
and
aduisedlie
therein
;
or
that
they
perfectlie
vnderstand
the
matter
,
and
the
exigence
of
the
cause
,
or
that
therefore
the
thing
is
impious
and
wicked
.
I
haue
knowne
as
great
&
greater
exclamation
vsed
against
meere
indifferent
things
,
(
now
by
them
confessed
so
to
be
)
as
though
they
had
béene
either
simplie
impious
,
or
so
fowlie
abused
that
they
could
not
haue
any
tollerable
vse
,
euen
by
as
godlie
and
learned
men
as
these
are
,
which
now
he
speaketh
of
.
But
it
is
the
abuse
of
some
few
carelesse
men
,
and
not
of
the
matter
it selfe
which
giueth
occasion
of
that
offense
which
is
taken
:
and
it
were
vnreasonable
,
bicause
caterpillers
some
yeare
haue
bred
in
your
orchards
,
in
that
respect
to
hew
downe
all
your
trees
.
The
philosopher
saith
:
Whatsoeuer
hath
his
vse
,
may
be
abused
,
sauing
vertue
.
And
so
,
whatsoeuer
may
be
abused
,
being
not
simplie
vicious
and
wicked
,
may
be
well
vsed
.
And
it
is
not
the
continuall
aboad
amongst
their
parishoners
(
which
none
of
them
all
doo
)
nor
the
often
,
but
the
sound
,
orderlie
,
and
pithie
preaching
vpon
necessarie
points
,
that
dischargeth
the
dutie
of
the
pastor
,
who
may
be
in
truth
as
bad
as
Non
resident
,
though
he
were
continuallie
nailed
to
the
pulpit
,
as
Luther
once
pleasantlie
spake
of
Pomeran
.
And
those
which
by
following
this
theame
,
doo
shoot
at
nothing
else
,
but
to
tie
vp
a
good
and
learned
diuine
,
to
a
petit
and
meane
salarie
by
yeare
:
let
them
be
assured
,
that
desolation
of
the
exact
studie
of
diuinitie
,
and
other
good
learning
,
whereby
onelie
the
papist
,
and
other
heretikes
are
suppressed
,
and
barbarisme
is
kept
out
,
will
follow
after
a
beggerlie
and
contemptuous
cleargie
,
when
as
by
their
liuing
they
shall
be
scarse
able
to
find
themselues
and
their
families
:
and
therefore
much
lesse
be
able
to
furnish
themselues
with
such
bookes
as
are
requisite
to
atteine
vnto
any
exactnesse
or
maturitie
in
learning
.
The
lamentable
experience
of
which
decaie
of
learning
,
by
the
smalnesse
of
church
liuings
,
some
notable
churches
and
common-weales
of
the
other
side
do
alreadie
partlie
féele
,
but
the
wiser
sort
of
them
doo
more
feare
to
smart
for
,
hereafter
.
And
therefore
,
where
the
Abstractor
assumeth
,
that
the
cause
and
reason
wherevpon
such
dispensations
were
vsed
,
dooth
cease
,
and
would
thereby
gather
that
the
effect
should
cease
:
I
saie
,
that
when
he
or
any
other
shall
haue
prooued
,
that
not
onelie
some
one
cause
thereof
,
but
all
the
causes
;
and
not
[
](A19392-e118130-b)*
*
Arg.
l.
1.
§.
sextan
ff.
de
postulando
.
onelie
the
impulsiue
,
but
also
the
finall
causes
of
it
are
ceased
:
then
(
as
law
willeth
)
I
must
grant
the
act
in
that
point
to
be
laid
on
sleepe
,
and
not
to
be
put
in
vre
,
till
some
of
the
same
causes
shall
happen
againe
.
But
besides
his
owne
assurances
,
which
are
sure
and
good
inough
,
for
anie
such
as
will
trust
him
vpon
so
sufficient
securitie
:
he
inforceth
this
matter
by
the
words
Of
a
lawyer
(
he
saith
)
of
singular
iudgement
.
Whereas
now
for
any
thing
we
know
of
him
at
his
hands
he
may
be
who
he
will
:
peraduenture
the
famous
Grangousier
,
grand-father
to
prince
Pantagruel
,
or
some
such
great
renowmed
clearke
as
he
was
said
to
be
,
which
first
in
this
world
deuised
to
plaie
at
dice
with
a
paire
of
spectacles
on
his
nose
.
But
it
may
be
that
one
cause
hereof
was
,
bicause
he
would
not
séeme
to
haue
taken
so
much
of
Rebuff
.
by
waie
of
loane
and
vpon
credit
,
which
yet
is
no
blemish
for
such
déepe
lawyers
as
he
and
I
are
:
and
another
,
bicause
he
hath
falsified
Falsification
.
his
author
(
I
know
not
in
whose
fauor
)
by
translating
,
quid
debet
ecclesia
Dei
plurium
nobilium
vanitati
,
vt
patrimonio
Iesu
Christi
dilectissimi
sponsi
sui
,
&c:
alat
accipitres
,
educat
canes
,
&c:
thus
;
What
?
Shall
the
church
of
God
,
the
best
belooued
spouse
of
Iesus
Christ
,
&c:
feed
hawkes
?
bring
vp
dogs
?
&c.
Whereas
in
truth
it
is
:
What
dooth
the
church
of
God
owe
vnto
the
vanitie
of
manie
noble
men
,
that
with
the
patrimonie
of
Iesus
Christ
,
&c:
it
should
féed
hawkes
,
bring
vp
dogs
,
&c.
But
the
great
learned
lawyer
himselfe
,
whome
he
indéed
meaneth
,
euen
Bernardus
Diazius
,
and
whome
[
](A19392-e118160-b)*
*
Rebuff
.
de
dispens.
ad
plur.
bene
.
〈◊〉
.
60.
Rebuff
.
termeth
a
reuerend
father
,
dooth
in
the
next
words
following
declare
,
that
he
directed
this
inuectiue
Against
husbandmens
sonnes
more
vnlearned
than
their
parents
,
which
Illicitis
modis
plura
occupant
beneficia
,
by
vnlawfull
meanes
doo
occupie
manie
benefices
:
and
also
against
such
,
which
being
neuer
so
cunning
,
or
how
learned
soeuer
,
Doctrina
sua
nunquam
Catholicae
ecclesiae
profuerunt
,
nec
prodesse
curant
:
yet
did
neuer
by
their
learning
profit
the
catholike
church
,
nor
euer
care
to
do
good
in
it
.
The
peremptorie
iudgement
of
Rebuff
.
which
he
afterward
alledgeth
,
[
](A19392-e118190-b)*
*
Ibidem
nu●
84.
fol.
249.
but
wrong
quoted
,
is
somewhat
too
sparinglie
by
him
translated
in
that
word
,
Si
perperàm
concessa
sit
:
if
it
be
granted
vnorderlie
:
whereas
it
should
be
,
If
it
be
naughtilie
granted
.
And
it
is
grounded
vpon
a
false
principle
of
poperie
,
that
he
which
breaketh
euen
the
positiue
●●w
of
the
pope
[
](A19392-e118210-b)*
*
Rebuff
.
de
dispensat
.
ad
plura
benefic
.
〈◊〉
.
22.
(
such
as
the
prohibition
of
pluralitie
is
,
)
dooth
(
as
they
terme
it
)
sinne
mortallie
,
euen
directlie
and
immediatlie
against
conscience
,
which
is
no
small
part
of
his
Antichristianisme
,
whereby
he
sought
to
sit
in
the
consciences
of
men
.
Yet
thus
much
may
be
gathered
of
this
saieng
,
that
where
it
is
orderlie
granted
as
law
prescribeth
,
there
it
carrieth
not
in
his
iudgement
any
danger
with
it
vnto
either
partie
,
the
condition
of
it
thereby
ceasing
.
20.
Section
.
Pag.
161
,
162
,
163.
BUt
now
hauing
so
substantiaslie
(
as
you
haue
heard
)
ouerthrowne
all
dispensations
,
he
was
belike
afraid
he
should
be
iustlie
called
Coràm
for
inforcing
so
violentlie
a
diminution
of
hir
Maiesties
reuenues
,
arising
by
the
taxes
of
them
.
To
salue
vp
which
sore
,
he
letteth
all
other
faculties
alone
;
wherein
hir
Highnesse
must
(
at
his
request
)
sit
downe
by
the
losse
:
and
for
thrée
of
them
,
that
is
,
Dispensations
for
simonie
,
non
residence
,
and
mani●
benefices
,
he
dooth
assure
hir
Maiestie
vpon
the
credit
of
his
arythmetike
and
auditorship
,
that
They
are
indeed
a
great
diminishing
of
hir
reuenues
.
But
albeit
he
laie
out
all
thrée
in
his
conclusion
to
be
prooued
,
yet
he
dooth
not
in
his
proofes
once
name
the
facultie
of
non
residence
,
which
by
no
shadowe
can
preiudice
hir
Maiesties
cofers
.
And
when
he
should
descend
to
the
casting
foorth
of
his
proportions
,
and
extraction
of
the
root
,
by
the
rule
of
Coss
.
and
Algebra
:
he
misseth
the
principall
matter
(
euen
his
taxes
)
to
worke
vpon
,
and
leaueth
in
his
Booke
a
blanke
or
a
glasse
window
,
for
anie
such
to
glaze
vp
,
as
come
and
will
doo
him
that
fauour
,
so
that
,
Cùm
desint
vires
,
tamen
est
laudanda
voluntas
.
The
man
was
willing
to
haue
doone
somewhat
,
if
he
could
but
haue
told
what
to
haue
said
.
That
the
facultie
for
Simonie
commited
,
is
a
diminution
to
hir
Maiesties
reuenues
he
prooueth
(
supposing
first
the
tax
thereof
to
hir
Maiestie
to
be
in
shillings
,
whereas
it
is
indéed
in
pounds
:
)
bicause
if
the
partie
dispensed
with
for
simonie
were
depriued
for
it
,
then
hir
Highnesse
should
reape
more
benefit
a
great
deale
,
by
the
first
fruits
of
the
next
incumbent
than
the
taxe
mounteth
vnto
.
But
how
is
the
Abstractor
here
become
so
strict
laced
,
as
to
call
for
their
depriuing
,
whose
fault
(
in
waie
of
gratification
of
simonicall
patrons
)
he
almost
wholie
excused
in
the
former
treatise
?
The
truth
is
,
this
kind
of
dispensation
is
verie
seldome
vsed
,
bicause
most
of
those
which
are
guiltie
of
that
fault
doo
deale
so
closelie
,
and
are
so
iustlie
doubtfull
of
obteining
it
vpon
petition
,
that
they
hold
it
better
(
without
opening
of
themselues
)
to
sit
still
quietlie
.
Whereby
it
can
not
easilie
be
put
in
practise
,
but
where
some
not
knowing
the
rigor
of
the
canon
herein
(
which
condemneth
for
simonie
euen
entreatie
and
meanes-making
,
and
that
recompense
also
which
is
but
conceiued
in
hart
,
perhaps
onelie
in
waie
of
thankfulnesse
after
,
so
the
same
may
vpon
necessarie
circumstances
be
gathered
)
and
therefore
of
simplicitie
without
corrupt
meaning
falling
into
it
,
and
fearing
the
malice
of
those
,
which
stand
hardlie
affected
to
them
,
are
forced
for
their
further
safegard
,
to
procure
this
facultie
.
It
may
haue
a
good
and
a
commendable
vse
besides
,
where
an
old
man
meaning
to
resigne
,
treateth
in
simplicitie
with
him
which
is
to
succeed
for
a
pension
according
to
lawe
,
without
the
Ordinaries
priuitie
:
or
where
two
beneficed
persons
in
good
and
plaine
meaning
,
without
allowance
of
the
cause
by
the
Ordinarie
,
doo
deale
about
a
change
of
their
benefices
:
or
where
a
man
is
circumuented
by
suborned
witnesses
,
and
depriued
for
it
without
remedie
of
appellation
,
and
the
ill
dealing
is
detected
afterward
.
In
which
&
in
like
cases
it
is
meet
that
they
should
be
restored
to
their
ministerie
and
liuing
,
if
they
be
otherwise
vnspotted
,
and
be
profitable
to
the
church
.
And
I
verelie
doo
persuade
my selfe
,
that
hir
Maiestie
would
be
loth
in
such
cases
to
haue
them
depriued
,
that
the
might
haue
the
first-fruits
of
their
benefices
,
as
the
Abstractor
dishonorablie
would
ins●●uat
.
Yea
,
and
those
also
are
directlie
within
compasse
of
that
simonie
,
which
we
call
Mentalis
,
of
mind
onelie
:
which
sée
well
inough
what
is
meant
by
their
patrons
,
but
willinglie
doo
winke
,
and
so
enthrall
themselues
(
by
large
bonds
to
their
patrones
vpon
warning
prefixed
to
resigne
)
either
to
grant
a
lease
for
a
little
to
paie
,
or
to
packe
.
Whom
assuredlie
I
doo
so
little
pitie
,
that
I
thinke
them
as
vnworthie
to
obteine
a
dispensation
,
for
dallieng
with
the
law
and
their
owne
conscience
,
as
those
other
merchants
which
bluntlie
go
to
worke
,
agree
with
their
patrone
,
pitch
and
paie
.
That
dispensations
for
manie
benefices
(
which
is
the
last
of
the
three
)
is
a
decrease
of
hir
Maiesties
reuenues
,
he
would
prooue
thus
:
bicause
they
being
hereby
in
a
few
mens
hands
,
doo
not
fall
void
so
often
as
they
would
doo
,
if
euerie
seuerall
man
had
a
seuerall
benefice
,
and
thereby
hir
Highnes
first-fruits
are
not
so
often
paid
ouer
as
they
might
be
.
For
the
discussing
of
which
weightie
point
,
let
vs
imagine
that
a
hundred
men
haue
two
hundred
benefices
,
and
on
the
other
side
,
that
two
hundred
men
haue
two
hundred
benefices
.
Now
,
can
anie
man
giue
a
reason
,
why
it
is
not
as
likelie
,
that
ten
men
of
the
one
hundred
shall
die
in
one
yeare
,
as
twentie
of
the
two
hundred
,
seeing
it
is
the
same
proportion
?
Then
(
I
praie
you
)
what
difference
or
alteration
to
hir
Highnesse
treasure
is
it
,
whether
twentie
benefices
fall
void
by
the
death
of
ten
men
,
or
the
same
number
become
void
,
by
the
death
of
twentie
seuerall
persons
in
one
yeare
?
So
that
,
if
hereby
there
arise
no
diminution
,
and
the
taxe
for
the
dispensation
be
an
increase
of
the
reuenues
,
then
shall
the
Abstractors
argument
Ab
vtili
,
be
found
to
be
scarse
to
his
owne
honestie
and
credit
.
And
if
the
time
of
expectance
of
the
auoidance
of
his
benefices
which
hath
two
,
did
worke
anie
diuersitie
betwixt
the
two
cases
:
yet
were
this
delaie
of
time
sufficientlie
recompensed
vnto
hir
Maiestie
by
the
taxe
of
dispensation
paid
to
hir
cofers
.
Yea
,
if
those
which
haue
mo
benefices
,
doo
fat
vp
and
grease
themselues
(
as
he
afore
obiecteth
:
)
hir
Maiestie
shall
be
in
great
likelihood
to
haue
first-fruits
paid
ouer
for
both
their
benefices
,
much
sooner
than
for
him
that
liueth
vpon
one
,
more
●rugallie
and
sparinglie
:
yea
,
and
further
these
times
are
so
quarelsome
,
that
by
one
quirke
or
other
of
circumstance
about
them
and
their
dispensations
which
haue
two
benefices
,
more
auoidances
a
great
deale
doo
happen
;
than
in
such
seuerall
benefices
,
which
are
and
haue
beene
inioied
for
the
most
part
by
seuerall
men
,
as
dailie
experience
teacheth
,
Now
,
for
the
better
remouing
of
a
scruple
,
which
happilie
might
be
obiected
by
some
vnskilfull
man
against
all
dispensations
priuileges
,
indulgences
,
exemptions
,
pardons
,
and
immunities
,
whose
effects
are
either
To
benefit
,
to
exempt
,
to
helpe
,
or
to
release
:
I
hope
it
will
not
seeme
impertinent
to
speake
something
.
For
it
may
be
alledged
,
that
the
office
and
nature
of
a
law
is
generallie
and
in
common
to
ordeine
,
concerning
the
guiding
of
the
affaires
of
men
,
as
Aristotle
teacheth
in
his
Politikes
.
And
the
law
[
](A19392-e118350-b)a
a
L.
5.
ff.
de
legibus
.
saith
that
Lawes
are
to
be
applied
rather
to
those
matters
which
happen
easilie
&
often
,
than
to
those
which
chance
but
seldome
.
And
[
](A19392-e118370-b)b
b
L.
1.
ibid.
againe
,
A
law
is
a
common
commandement
:
where
vpon
it
séemeth
,
that
the
old
lawgiuers
among
the
Romans
,
as
holding
it
vnequall
to
set
downe
lawes
,
which
were
not
to
reach
indifferentlie
vnto
all
in
generall
,
did
[
](A19392-e118400-b)c
c
12.
Tabule
.
decrée
thus
:
Priuilegia
ne
irroganto
,
let
no
priuileges
be
granted
.
In
which
respect
a
[
](A19392-e118420-b)d
d
L.
16.
ff.
de
legibus
.
priuilege
is
described
,
That
it
is
a
singular
right
or
law
,
which
for
some
vtilitie
,
by
authoritie
of
the
lawmakers
,
established
against
the
tenor
of
reason
.
Whereby
it
might
séeme
,
that
all
immunities
are
vnlawfull
.
But
it
is
to
be
answered
hervnto
,
that
the
naturall
iustice
and
reason
,
wherby
mans
mind
is
directed
vnto
ciuill
societies
,
dooth
not
alonelie
rest
in
the
generalitie
of
lawes
,
but
aduisedlie
weieth
by
the
circumstances
,
whether
right
to
all
men
be
well
distributed
in
them
,
whervpon
the
Graecians
called
the
law
vou●
,
as
it
were
a
distribution
.
So
that
if
anie
person
vpon
something
especiallie
considerable
,
be
not
well
and
iustlie
prouided
for
,
vnder
the
common
and
generall
precept
of
lawe
:
then
he
is
to
be
respected
●●
a
priuate
and
speciall
law
,
wherevpon
the
name
of
●●●●●lege
floweth
,
Quasi
priua
,
id
est
,
priuata
lex
,
as
〈◊〉
Romans
vsed
to
speake
.
For
not
onelie
they
,
but
all
other
nations
,
as
they
afterwards
grew
more
prudent
daie
by
daie
,
through
long
experience
and
vse
of
things
,
did
well
perceiue
that
no
law
generallie
written
,
without
all
moderation
by
circumstances
occurrent
,
could
possiblie
but
deliuer
,
in
stéed
of
right
,
oftentimes
plaine
iniurie
and
tyrannie
:
according
to
that
common
prouerbe
;
Omne
ius
habet
annexam
gratiam
:
Euerie
law
hath
or
ought
to
haue
grace
and
sauour
annexed
:
an
[
](A19392-e118480-b)*
*
L.
respiciendum
ff.
de
poenis
.
example
also
whereof
is
reported
in
law
;
and
therefore
sumum
ius
est
summa
iniuria
:
Exact
and
precise
law
is
great
iniurie
,
being
once
disioined
from
equitie
.
And
therefore
those
words
Against
the
tenor
of
reason
,
are
not
to
be
vnderstood
as
though
a
priuilege
were
against
naturall
equitie
:
but
bicause
it
is
an
abridgement
or
exception
of
the
generall
principles
and
rules
of
law
which
are
grounded
vpon
reason
.
Neither
yet
so
,
as
though
it
did
cléerelie
contrarie
and
impugne
the
reason
of
the
common
and
generall
law
,
which
it
onelie
dooth
in
some
appearance
:
but
being
considered
vpon
other
good
grounds
,
it
is
for
the
most
part
verie
agréeable
to
reason
,
right
and
equitie
,
which
may
be
made
plaine
by
this
one
example
.
It
is
of
common
right
and
equitie
,
For
euerie
[
](A19392-e118520-b)*
*
L.
1.
ff.
de
pactis
.
instit
;
de
fideiuss
,
in
princ
.
man
to
keepe
touch
,
to
performe
promise
,
and
to
satiffie
the
credit
giuen
him
either
in
his
owne
,
or
in
an
others
behalfe
.
Yet
,
if
we
should
comprehend
children
vnder
age
in
the
generalitie
of
this
rule
,
who
be
subiect
by
reason
of
their
tender
yeares
,
and
slender
discretion
,
to
be
circumuented
and
manifoldlie
ouer-reached
,
it
were
a
verie
vniust
and
vnequall
law
.
And
therefore
seeing
there
is
such
inequalitie
betwixt
them
and
men
of
riper
yeares
,
the
same
rule
cannot
without
iniusties
alike
perteine
vnto
them
both
:
so
that
it
is
méet
by
some
exemption
and
speciall
priuilege
,
that
their
tender
yeares
should
be
considered
and
prouided
for
.
To
conclude
,
neither
are
all
priuileges
and
dispensations
against
reason
or
right
,
neither
hath
the
Abstractor
sufficientlie
prooued
any
of
these
particulars
of
this
treatise
which
here
he
dooth
recapitulate
and
rehearse
,
but
much
lesse
hath
he
prooued
his
principall
issue
,
that
Dispensations
for
manie
benefices
are
vnlawfull
.
Which
at
the
closing
vp
of
all
(
for
verie
shame
)
he
was
forced
a
little
to
change
,
by
pretending
to
haue
spoken
all
this
while
of
Two
or
mo
benefices
,
and
not
of
Manie
,
as
the
verie
title
which
he
hath
prefixed
to
his
treatise
,
and
his
whole
discourse
therevpon
,
dooth
plainelie
import
.
FABIVS
.
Foelices
essent
artes
,
si
de
illis
soli
artifices
iudicarent
.
FINIS
.