A true, modest, and iust defence of the petition for reformation, exhibited to the Kings most excellent Maiestie Containing an answere to the confutation published under the names of some of the Vniuersitie of Oxford. Together vvith a full declaration out of the Scriptures, and practise of the primitiue Church, of the severall points of the said petition.

A TRVE , MODEST , AND IVST DEFENCE OF THE PETITION FOR REFORMATION , EXHIBITED TO THE KINGS MOST EXCELLENT MAIESTIE . CONTAINING AN ANswere to the Confutation published under the names of some of the Vniversitie of OXFORD . Together with a full declaration out of the Scriptures , and practise of the Primitiue Church , of the severall points of the said Petition .

2. COR. 13. 8.

Wee can doe nothing against the truth , but for the truth .

Hierom. dial . advers. Pelag.

Veritas laborare potest , vinci non potest .

The truth may bee contradicted , but it cannot bee conquered .

Imprinted 1618.

TO THE CHRISTIAN READER .

IF ever Impar congressus ( gentle Reader ) were between Combatters , iust cause of exceptiue complaint ; then certainly it is between the Saints and Antichrist , ( in respect of outward worldly helpes ) and that as well in the lesser skirmishes , as in the greater battels . For in both , the Saints do enter the lists , and hold out the conflict upon very many no small disadvantages : as may most easily appeare to any that with indifferent iudgement , shall ( to omit all others ) weigh but even these particulars ensuing .

1 Our adversaries that striue for the defence of the Romish trash , which the Divell and that Man of Sinne hath left yet among us , haue the countenance of worldly authority ; whereas it fareth with us , as with the maine of the Gospell in the dayes of our Lord himselfe , Ioh. 7. 48. Haue any of the Rulers beleeved on him ?

2 Their cause being received by tradition from our Forefathers that lived in blindnesse , hath the applause generally of all naturall men ; Ours , because it is so hardly discerned , is scarcely received by the children of Wisedom , and is every where spoken against , Act. 28. 22.

3 They abound in outward wealth : We poore .

4 They haue great store of witty and learned men to defend their cause , we are in number few , and of those few very many timorous and fearefull of ensuing dangers .

5 The Authours of their pleadings richly rewarded with some Bishopricke , Deanerie , or other fat Benefice : Wee deprived and cast out of our livings , and liuelihoods , if wee bee discovered ; yea clapped up into prison , if the Prelates lay hold on us .

6 They men of glorious state and pompe in the world : wee are esteemed as were the Apostles , 1. Corinth. 4. 13. Even the off-scouring of all things .

7 They haue leasure enough to invent and publish what they think meet to say for their defence ; Wee must first labour for food and rayment for our selues and ours , and then take some stollen houres now and then to do what we do this way .

8 To them the Presses are alwayes open and free : But to us they are more then shut . For it is not safe for us once so much as to suffer the Printers to know that wee haue any such Coppy to bee printed .

9 The Stationers at home are ready to giue them large moneyes for their copies , and so undertake the printing and publsihing thereof : We must , at our great charge and hazard , hire the printing of ours in some other Land .

10 Open sale in every Booke-sellers shop is free for them : Ours , if they be taken by the Bishops , are burnt , or otherwise utterly suppressed .

11. They haue sundry lothsome prisons at their command , whereinto they shut us up , even untill we dye sometimes , when by arguments they are not able to confute us : We haue onely bodies so to be afflicted by them , and sure arguments unanswered .

12 They are in their owne causes both parties and Iudges : and we , without helpe by any appeale to any other then the Lord Iesus , must at their pleasures abide their censures .

13 Their threed-bare Allegations of mans writings is accounted deep and ancient learning , but our avouching the most cleare evidence of the written word of the Ancient of dayes , is reckoned ignorant noveltie .

14 We challenge them to try it out in the open field by dint of the sword of the Spirit ; witnesse the Modest offer of Conference , the Humble Motion , &c. and yet are blamed ; they are praised , though they utterly refuse this way of triall , and warre against us onely with carnall weapons , as Suspensions , Deprivations , Imprisonments , &c.

15 Threatned dangers make men afraid to read our bookes , though never so secretly conveyed unto them : Theirs all may most freely read openly , and that with thanks and commendations .

Now by reason of these , and sundry such like disadvantaging hinderances , this ensuing Treatise hath lien hid ( as many other the like still doe , never like to see the light for want of meanes of publishing them ) about 14. yeares . For in the yeare of our Lord 1608. certaine Oxford men , having gotten into their hands a Copy of a dutfull and pious supplication prepared to be exhibited to his Maiesty for Reformation of certain corruptions crept into our Churches , or rather left in them by Antichrist at his extrusion , forthwith published the same in print , together with an answer thereto ( such as it is ) defending and maintaining all or most of the sayd corruptions so intended to bee petitioned against , and that in the name of the Vice-chancellor , the Doctors , both the Proctors , and other the Heads of houses in the Vniversitie of Oxford , avouching it to bee agreeable undoubtedly to the ioynt and uniforme opinion of all the Deanes and Chapiters , and all other the learned and obedient Cleargie in the Church of England , and to bee confirmed by the expresse consent of the Vniversitie of Cambridge , although many of them both Doctors , and Heads of Houses in either Vniversity , and members of Chapiters otherwhere in the Land , and also many more of the obedient Clergie were openly knowne to be of contrary iudgement unto them in the particulars mentioned in the Petition , and by these men defended , and most of the residue never saw , nor once heard of the answer , untill it was published in print . Such was their boldnesse . Not long after , some of the chiefest Ministers , that were interessed in the same Petition , penned this discourse following in defence of the said Petition , and reply to the aboue mentioned Answer , which hath been obscured from that time till now , partly for the reasons aboue rehearsed , and partly because such is the woefull coldnesse of these back-sliding dayes , that even those which seemed heretofore most forward for Church-reformation , are so declined , that they like not so much as to heare of that , that may in any sort once seeme to threaten the least hinderance of their worldly profit , or disquiet to their carnall peace , be it never so healthfull to their soules . Insomuch that they are so farre from being aiding and assisting to Christ , in this his cause , either by labour or cost , that when bookes are printed in defence thereof for their information and instruction , they either neglect to buy the same , or having bought them , cast them aside into some hole or corner , never vouchsafing to peruse them : yet Wisedom is iustified of her children , and some enter the gate of life be it never so straight ; and walk in the Lords way , be it never so narrow . If any obiect , that these are no matters of salvation , but of lesse moment , and therfore not to be so much stood upon ; Let him heare for answer , That no man can haue sound assurance of being exempt from confusion , that hath not respect to all Gods commandements to the best he is able , as well lesser as greater . Psal. 119. 6. neither may any hope for plenary redemption by Christs Priesthood , that is not willing to yeeld plenary obedience to his Prophesie , and kingdome : seeing he onely is with God accounted truely gracious , that giveth himselfe both to learne all that God teacheth concerning him in his place , and to practise whatsoever God so causeth him to know . Affected ignorance refusing necessary knowledge , and wilfull rebellion against the light receiued , being alike detestable before the Lord .

Now that the knowledge of these poynts is very needfull for all sorts of Christians , whether of higher or lower degree , and of what Calling soever , may most evidently appeare by these reasons , to omit sundry other .

First because many of them are matters of daily practise , even of all sorts and rankes of persons amongst us , and will any say that it is , or can be safe for a man in the speciall service and worship of God , to doe either hee careth not , or knoweth not what ?

Secondly , for that they mainly tend to the honour or dishonour of that Lord whom we all professe to serue , and shall his glory be so lightly regarded by vs ?

Thirdly , they make directly either to the beautifying or deforming of the visible Church , which is the body of our Lord Iesus Christ , whereof wee are members , every one for his part . And can any godly minde be carelesse hereof ?

Fourthly , they doe plainly serue either to the edification or destruction of themselues , and many other of their deere brethren , for whom Christ died , chiefly by their mysticall signification : who then can iudge them to bee of small moment ?

Fifthly , many of the liuely members of Christ suffer for them unto imprisonment , besides many other miseries , yea even unto a languishing death : And will any good Christian fall under the fearfull doom , Mat. 25. 41. 43. for not visiting & helping Christ persecuted in his members ? Or shall we endanger our selues to that dreadfull curse , Iudg. 5. 28. for neglecting to helpe the Lord against the mighty ? God forbid . Or shall any perswade us in those things to go on carelesse or blind-fold without discerning whether we please or displease God in our doings ? Far be it from us ; for that which is not of knowledge , can not be of faith . Rom. 10. 17. and whatsoever is not of faith cannot be pleasing to God . Heb. 11. 6. but is sin , Rom. 14. 23. and the wages of sin is death . Rom. 6. 23. I trow no gracious heart will esteem any sin light , or the wages thereof triviall . Wherefore in the feare of God let all men beware how they do so slightly esteem these matters so frequent in practise , neere to Gods speciall presence , for which his Glory , Churches and Children suffer so many , and so great evils . Indeed they are not to bee ranked with things of the greatest moment ; but yet seing it is apparant , that no man among us ( especially as things now stand ) can without manifold sins neglect them : therfore forasmuch as besides sundry other treatises handling the same matters , this offreth it selfe to thy view , be not unwilling duely to consider what is sayd on both sides , and the Lord giue thee understanding to discerne truth from falshood , and good from evill , that thou mayest reject and eschew the one , and embrace and follow the other . On the one side thou mayest presume as much is sayd as probably can be , seeing it is the fruit of so many learned Doctors labours , as the title boasteth of : yet if the other haue not more sincerity , and soundnesse of truth and reason , I desire not it should finde any favour in thy sight : but if yea , then do as God shall moue thine heart , and even so I commend it to thy diligent reading , and advised and godly iudgement , and thee to the guidance of the most high .

Moreover , whereas of late there is published a certaine Scholasticall ( I had almost sayd Sophistical ) Tract , mostly of the same subiect , by one M. Sprint , a Glocestershire Minister , entituled , Cassander Anglicanus , tending in a sort to the patronizing of these Popish ceremonies here treated of , which may occasion the stumbling of some weak ones : although I heare that by Gods mercy , it is fully resolued upon some time since , that the sayd Tract shall be at large answered and confuted . Yet for the stay of the feebler sort in the meane time , that are lesse able to discerne how hee himselfe is therein deceived , and deceiveth others , I offer to consideration : First , a few things observable in the Tract it selfe ; and secondly , certaine Tables written heretofore by the same Author , touching the same subiect , and by him entituled , The Anatomy of the Ceremonies , &c. and Bellum Ceremoniale . The Tables I haue annexed hereto , desiring thee , that if thou haue his foresayd . Tract by thee , thou wilt be pleased to compare them together ; and then with indifferent iudgement giue sentence , whether is more agreeable to the truth , this or the other . Deny them to be his owne in any part , as I am assured he cannot ; so , I hope he will not once be willing to do , chiefly seeing there are so many living witnesses thereof : And that they are more sutable to the sincerity of the Gospell , and the integrity of a good Christians conscience , I nothing doubt , but that all men equally affected , upon due survey of both , will most easily and freely grant . Of what validity or worth then this his later worke is , I leaue to the understanding Reader to iudge , doubtlesse that his Anatomie and Bellum Ceremoniale , can never bee reconciled to this his Cassander Anglicanus , but doth most clearely contradict and confute the same , evincing it to be utterly erroneous , and unsound . And concerning the Tract it selfe , I obserue divers things worthy to bee remarked : First , it hath met with some Iesuit-like Index expurgatorius : For , falling into the hands of the Prelates ( or at least of some of their Chaplaines ) not to speake of other Purgations , it is in one place purged of this whole Paragraphe following , scil: It scandalizeth and offendeth the Bishops , making them guilty of many sins , in depriving so many and so worthy Ministers for trifling ceremonies : which hindering and forbidding to preach , is by the H. Ghost reproved and plagued . Amos. 2. 12. & 8. 12. Act. 17. & 4. 18. & 5. 28. 1. Thess. 2. 16. As for example .

First , to put by Gods substantiall & necessary worships by him commanded for trifling and indifferent ceremonies of humane invention .

Secondly , to rob the people of the appoynted food of their soules , and ordinary meanes of their faith , Rom. 10. 17. Regeneration . 1. Cor. 4. 16. and salvation , 1. Cor. 1. 21 , matters of so great importance for trifles of so small consequence ; yea for these things to take away many a true Sheppard , and to commit or leaue the flock unto many a Wolfe and blind guide , which will either make havock of them , or lead them into the ditch of destruction .

Thirdly , to leaue the Papists cause wholy , 1. by retaining their ceremonies , 2. suppressing our best Ministers , 3. by withdrawing or mis-spending the gifts of themselues and others to mutuall brawles , and so to giue them rest to mischiefe the Church , and increase their Synagogue , 4. by opening their mouth to blaspheme the Gospell by these our mutuall brables .

Fourthly , to driue many hereby on the rock of Schisme , and lamentable Separation : the plentifull experience whereof hath bred much griefe in the hearts of the well affected .

Fifthly , to undoe so many Ministers and their families , of very good desert , of the meanes of their maintenance , to their utter undoing , being so fitted for the Ministerie , and unfitted for any thing else .

Sixthly , to cause the Sabboth , a morall precept of God , to bee prophaned for ceremonies of mens addition and that in so many places of the Nation .

Seventhly , to punish the people for the fault of their Pastor ( if any be : ) For it is the Minister that conformeth not , but by his silencing the people are plagued , Pro. 29. 18. Hosea . 4. 6. This is iniustice to punish one man for the offence of another .

Eightly , to do a thing cleane contrary to that themselues pray for , at least which Christ commands to pray for . For Christ commands his to pray to the LORD of the harvest , that he would thrust forth labourers into his harvest ; which when he hath done , they thrust them out . Math. 9. 38.

Ninthly , it utterly undoeth the Minister ( a painfull labourer of Iesus Christ ) as also his wife and children , and disableth them to liue , which by Gods apoyntment should be maintained , 1. Cor. 9. 14. yea well maintainded , 1. Tim. 5. 17. This is opposite to the law of loue & Iustice . Whereby it doth manifestly appeare , that the Authour is very grosly abused , because his whole minde is not published , but so much onely as best serveth the Prelates turne , a trick not unusuall with them for their advantage . Witnesse amongst others the English translation of Bucanus his Common places . Whereout the Authours discourse touching Discipline ( translated by Doctor Hill , yea imprinted ) is taken , and a discourse of Bishops governement put into the roome thereof ; both without Doctor Hils knowledge . Nay , hath not this Index expurgatorius tampered with the holy Scriptures themselues ? Obserue for the present but two places , Act. 14. 23. is thus translated , not onely in the Geneva , but also in the former Church translation , And when they had ordained them Elders by election . But the new translation with the Rhemists , leaveth out these words , by election . Why ? It is not to be suffered , that the people should haue any hand in chusing their ministers , but papal Bishops must do all , 1. Cor. 12. 28. is translated both by the Geneva , and former Church translation , Helpers , Governors ; but the new translators herein worse then the Rhemists , translate it Helpes in governments , foisting into the Text this preposition [ in . ] Why ? They cannot abide Elders to assist the minister in governing Christ his Church . So that Curchwardens are but the Prelats promoters . But we must passe by this as their natural weaknesse , seeing it is sucked in with the milk of their mother , scil. the Church of Rome , from whom they haue receiued their callings , & also these corruptions thus by them pleaded for , together with this unscholler like , nay dishonest means of upholding the same .

2 The tearmes of the main conclusion of the whole Tractate are to be considesidered . scil. It is necessary for a Minister to conforme to the ceremonies prescribed in the Church of England , rather then to suffer deprivation . Where it is to be noted , 1. that he speaketh not one word in defence of the subscription required , and yet most , if not all these that are debarred from the execution of the worke of the Ministery in our Churches , whether they haue been heretofore silenced , or not , are debarred principally for refusall of the sayd subscription . To very little purpose therefore are his foure inferences layd down in the third page of his book ; nay in truth to very little purpose were his whole book , were he able to iustifie all he hath written , which all wise men may easily perceiue that he is never able to performe .

2. That he speaketh so saintly for those ceremonies , that not daring to say , the required conformity is necessary , either in it self , or in respect of the Magistrates command , he sayth onely this , That it is necessaty rather then to suffer deprivation . So that as in the Paragraph gelded by the Prelats , it is evident , that extra casum deprivationis , a Minister is not to bee blamed for not conforming to them in this Authors iudgement ; nay that the Prelats are rather utterly to be blamed for requiring Conformity thereto .

3 Every of those three arguments , whereby hee endevoureth to proue this conclusion , falleth as much too short of proving the conclusion , as the conclusion it selfe doth of condemning the silenced Ministers of sin for not conforming rather then to suffer deprivation , which are not deprived for not conforming , but for not subscribing , which he himselfe amongst his religious friends hath often both of old , and also of late professed , he neither would nor could yeeld to do for any mans pleasure under heauen , what losse or punishment soever he suffered therefore .

The first Argument drawne from the doctrine and practise of the Apostles , who taught that the Iewish Ceremonies were beggerly rudiments , Traditions , Will-worships , Doctrines of Men , &c. and yet did practise the same ; besides many other iust exceptions , is guilty of the fallacy , à bene divisis ad male coniuncta , seeing it is altogether as false , that the Apostle did so teach , and yet so practise in the same Churches , as it is true that they did so teach , and yet so practise at all . For among the Iewes , and in their Churches onely did they so practise , to whom those Mosaicall Ceremonies were even lately before the saving ordinances of God given by God himself , for their edification & training up in religion to eternall life . And the Author hath utterly failed to proue that the Apostles did so teach as is abouesayd , in any of those Churches , but onely in the Gentile Churches , to whom they were never given by God to any such end , nor indeed at all , and there the Apostle Paul would not by any meanes suffer the use and practise of those Ceremonies to bee brought in , no not for the space of an houre , Galath. 2. 5. but rather sharply reproved Peter and Barnabas openly and to the face , for giving way thereunto , Gal. 2. 14. lest by building againe the things hee had destroyed , he should make himselfe a transgresser , Gal. 2. 18. And hereto agree the rest , Acts 21. 25. And if hee would not giue way , no not for an houre , that the Mosaicall Ceremonies should be used in the Gentile Churches , although they had lately been unto the Iewes ( of whom came salvation , Ioh. 4. 22. ) the heavenly Ordinances of GOD , giuen them for their building up in grace , how much lesse would hee haue suffered our rotten and accursed ceremonies to haue been brought in , that never had better birth , then from Hell by the Divell , and Antichrist , for the defacing of Gods glory , and destruction of his people . Wherefore the doctrine and practise of the Apostles is most fully and flatly against him in this poynt , and his fallacious argument worse then sie upon it . Yet further , If those ceremonies did turn the Gentile Churches from the truth , as he sayth , quoting for proofe , Tit. 1. 14. which once having in them the breath of life , led the Iewes to the truth , even to Christ , Gal. 3. 24. Whither do ours , that never had better breath in them , then the poyson of destruction , turne , yea driue and thrust men .

As for the Apostles enioyning the Gentiles to abstain from bloud & strangled , himselfe doth giue sufficient answer to it . Where , by distinguishing , hee sheweth , that ours are not of the like kinde , seeing the practise of the one stands in matter of abstinence , and of the other in matter of action , and so do differ toto coelo .

Finally , it is needfull for this man , in mine opinion , to repent himselfe of his accusing the Apostles of the Lord , yea the Holy Ghost it selfe , to teach one thing and practise the contrary . Which can be no lesse ( the holy Ghost it selfe being iudge ) then to build by doctrine , and destroy by practise the same things , and so to be guilty of transgression , Gal. 2. 18. And his second argument is no better then the first , being plainly guilty of the fallacy which Schollers call ignoratio elenchi : for the argument lieth , as if the duties therein mentioned , were both affirmatiue : which is utterly false . For we professe our selues restrained by the negatiue part of the 2d Commandement . Now let him , if he can , shew where any negatiue part of the first Table is to giue place to any affirmatiue of either first or second , and then I will confesse , that he hath spoken more then is to bee found in all his impertinent and confused rumble about this poynt , and also , that he hath anihilated that old distinction of Schoolemen , scil. of Commandements binding semper , or ad semper , neither will it suffice to tell us of Sacrifices of the old Testament , which fell under the second commandement , not immediatly , but mediatly , scil. mediante praecepto ceremoniali , so that in this , as in the former , there are very many words , and much labour bestowed altogether beside the poynt in question , and the whole argumentation is utterly deceitfull .

Moreover , the one of the duties here by him compared , scil. the bearing witnesse against the Ceremonies , is but one consequent among many , flowing from our obedience to the second commandement in refusing the sayd conformitie . Now what good dealing is this , first to change the nature of the precept , whereto we perform obedience in refusing the sayd conformity from negatiue to affirmatiue , and then to put one consequent of many flowing from this obedience , for the whole obedience it selfe ? If this be not deceitful dealing , what is , or can be .

Lastly , if this Argument of his Bee so firme and good against us , as hee would haue his Reader beleeue , then I desire him in his next , to teach mee how to free Shadrach , Meshach , and Abednego mentioned Dan. 3. from being worthy of blame . For if their case should fall under such Legier-demaine as this of his , a man might call their refusing to fall downe before the golden image , nothing more but a bearing witnesse against the image , and say , that they being great Magistrates , did preferre the bearing witnesse against the image a lesse dutie , before the duties of the Magistracie , and of preserving their owne liues , which by this mans reckning , should be greater duties , and so be guilty of sin in so doing . For that the losse of the liues , and deprivation of so great places in the Magistracie of three so gracious and eminent persons as these , is of greater moment and consequence , then the depriuation of any three of us from our Ministery , none can reasonably deny . The like may be sayd of very many of the Martyrs of Christ , both former and later : but a tast is as much as I intend , this therefore shall suffice .

Neither is his third and last argument any thing . lesse ill , but rather worse , if worse may be , then either of the former . For it is liable to both the parts of the Orthodox Protestants answer to the Papists argument of vniversality , and more then so : For first , to patch up his forged vniversality , hee foysteth in a multitude of corrupt Fathers , & brown-paper fellowes , being Lutherans , or worse , which approving almost all the superstitious ceremonies of Papistry , are in this case no competent iudges , nor allowable witnesses . Secondly , he cannot be ignorant , that all Orthodox Protestants do answer the Papists thus : That an argument from humane authority in such a case , is very insufficient . And lastly , he well knoweth , that all incompetent iudges or witnesses set a part , hee hath been offered to his face an Oliver for a Rowland readily to be given him , and more then so ( that is ) more witnesses of the truely Orthodox to be against him , then he can find to be with him , so that neither is this consent so universall , as he boasteth of , nor if it were , is it any thing worth in this case , and so both antecedent and consequence are both naught . Also what a multitude of Papall , nay worse then Papall rites both his ancienter and later witnesses maintain , himself in this his Tractate being iudge ; I leaue to the Iudicious Reader to consider : for they are so many and so beastly , that I wil never once defile my pen with relating them . Onely this question I will propound to the Author , desiring him as in Gods presence to answer me . scil. Whether the residue of the Papists ceremonies may not be maintained by this argument as well as these of ours ? And if yea ; then why he doth not as well blame all Orthodox Protestants for rejecting the one , as for refusing the other ? yea , why hee doth not also perswade all Calvinists , in matter of Ceremony , to Conforme to Rome .

There are very many other weighty , & iust exceptions to be taken to the said arguments & the Prossyllogismes brought for the proofe thereof , but my purpose , at this time , & in this place , is only to touch them , & therefore not willing to hold thee any longer from the body of this treatise , I take my leaue , beseeching thee to take the paines advisedly to peruse it , and God to make thee rightly to understand , & wisely to iudge of it , & also to giue thee grace to loue the known truth and to walk in the same , according to al thy might ; For many are therefore given up to beleeue lies , through strange delusions , because they received not the loue of the truth that they might be saved , 2. Thes. 2. 10. 11. Now the very God of peace sanctify thee throughout in thy person & in all thy wayes & works , and I pray God that thy whole spirit , & soule , and body may be kept blamelesse unto the comming of our Lord Iesus Christ , even so Amen .

TO THE MOST CHRISTIAN and excellent Prince , our gratious and Dread Soveraigne IAMES by the grace of God , King of England , Scotland , France and Ireland , &c. Wee the Ministers and Preachers of the Church of England , that desire Reformation , wish a long prosperous and happy raigne over us in this life , and in the next everlasting salvation .

MOst gratious and dread Soveraigne ) we little thought when first our humble Perition was exhibited to your excellent Maiesty , ( it being both for the matter honest , and for the manner peaceable ) should haue found so hard entertainment abroad , as that this action of ours so Answ. to the Petit. Epist. Ded. p. 4. l. 21. secretly , orderly , and lawfully enterprised , should be by publick writing traduced , as unduly , and dishonestly attempted . Our meaning was onely to intimate to your Majesty the state of our Church , not to lay open the nakednes of our Mother to the scandall of the enemy , nor to appeale to inferiour iudges , to the preiudice of your Maiesty , to whom the cognizance of this cause , and deciding of this strife of right appertayneth .

We trust therefore that as Abraham composed the variance between Genes. 13. Exod: 2. his , and Lots servants , Moses between the Hebrewes , Constantine among the Church Ministers so it will please your Majesty to be a iudge between us , and to giue us leaue to defend & iustifie our innocent cause . As for us we say with the Apostles : We cannot but speak the things , which we haue seen and heard : and approue that saying Act: 4. 20. of Hierome : Minoris peccati est sequi malum , quod bonum putaris , quam non audere defendere quod pro bono Dialog. 1. advers. Pelagian . certo noveris .

Now then most noble King , giue your faithfull subiects and unsained lovers of the trueth , your princely leaue to iustify their honest and godly petition , which hath been by some of our Brethren in their heate impugned . In which their enterprise we humbly craue licence to propound certain generall observations , which we referre to your Highnesse Christian consideration .

First whereas wee your Maiesties 1. Observation . Opposition between the Kings iudgement & the Censurers of Oxford . humble Petitioners haue throughout conformed our desires and requests to your Maiesties iudgement , who haue wished us to iudge of your future proiects , according to your by-past actions : and haue proportioned our suites after the rule prescribed in your Majesties book , which you would Preface to Basil . haue taken of all men as an image of your mind , and a Discovery of that which may be looked for at your hands : Yet our brethren to our understanding , haue been bould in diverse points to oppose their indgement to your Maiesties .

1. They count it an unsufferable Pag. 7. thing to permit : any thing touching the government of the Church : to be so much as questioned : Whereas it hath pleased your Maiesty in your princely wisdome , to permit , and will a conference of the learned concerning such matters .

2. They will not grant that these Pag. 10. articulated , are the peccant humors of the Church , and so consequently acknowledge none : Your Majesty saith otherwise : no kingdom lackes her own diseases : and seemeth not to be ignorant of corruptions stoln into the state .

3 They justifie ceremonies & traditions not warranted by the word , as the crosse in baptisme , the surplice , interrogatories ministred to infants , Confirmation : But your Maiesty Basil . p. 18. 19. hath shewed us to ground our conscience onely upon the expresse Scripture , and to discerne between the expresse will & Commandement of God in his word , and the invention , and ordinance of man .

4. They count them turbulent p. 14. that would not haue the Apocrypha read in the Church : But your Maiesties iudgement is otherwise : as to the apocrypha books I omit them , because Basil . p. 1. I am no Papist , and indeed some of them are no wayes like the ditement of the Spirit of God .

5. Your Majesties princely resolution Basil . p. 43. is to see all your Churches within your Dominions planted with good Pastors : Our brethren say it is impossible , and that the defects of some p. 15. Ans: men may be better supplied by other meanes then by preaching , as by reading of Scripture , and of homilies , p. 16. p. 14. and of the service boke : and that all Ministers were not preachers in the primitiue Church .

6. Your Maiestie most truly affirmeth Basil . p. 4. according to the Apostle , that faith commeth by hearing the word preached : Our brethren say that the P. 16. Ans. reading of Scriptuers , of Sermons , and Homilies , are the ordinary effectuall meanes to increase faith .

7. Your Maiesties Christian motion to the Vniversity is , that leases of their tithes impropriate be so demised , as Ecclesiastical persons onely may be maintained & inabled to execute their functions , the Collegdes being provided for . But our Brethren do charge the p. 19. Petitioners for this motion with lack of conscience .

8. Your Majesties care is , that the Basil . p. 43. doctrine be preserved in purity according to Gods word : The Petitioners for moving to haue an uniformity of Doctrine , and all popish opinions abolished , are challenged for shamelesse p. 13. suggestions .

9. Your Majesties will is , that the Basil . 13. discipline bee likewise preserved in puritie according to the word of God : The Petitioners humbly desire accordingly that the discipline may be administred according to Christs institution : for this motion they are reproved . p. 20.

10. Your Maiesty most princelike Basil . praef. professeth , equally to loue and honour the learned and graue men , of either opinion : that like better of the single forme of pollicy in the Church of Scotland , or of the many ceremonies in the Church of England . Our brethren Epist. p. 5. count the Petitioners Shismaticks , Hypocrites , dishonest persons , for misliking of some ceremonies , and other abuses , and wish the land were cleane purged of them .

11. Your Maiesty giveth this honorable Basil . praef : 11. testimony of the godly ministers of Scotland , that there is presently a sufficient number of good men of them in that kingdom : But the Confuters p. 30. say , There are not many men brought up among them in this last reformed age , worthy of that wonted honorable maintenance .

12. Your Majesty specially provideth for keeping holy the Lords day : so that alwayes the Sabboths be kept holy , and no unlawfull pastime bee used : But our brethren seeme to urge the Ans. p. 13 rest upon other holy dayes as strictly as upon the Lords day .

Whatsoeuer opinion is conceiued of our brethren , and howsoeuer they are men of credit and estimation in the world : these humble petitioners would by no means hane presumed thus to haue thwarted your Majesties Christian judgement : We for our parts wish none other reformation , then your Majesties own profession hath given us hope of : We thank God for your Christian iudgement and constant resolution : It is our happinesse that God hath sent vs such a king , not onely noble in princely birth and natiuitie , but in vertue , knowledge and piety as the preacher sayth : Blessed art thou , O Eccl. 10. 17 Land , when thy King is the sonne of Nobles : and such an one as Ambrose describeth the King of Ninivie : ser. 40. Necesse erat , ut qui potentior cunctis fuerat , devotior fieret universis .

Further , may it please your Maiestie 2. Observat . difference betwene the old and new Oxford doctors . to understand how much these Doctors and Proctors of Oxford doe vary from the iudgement of their predecessors , approving those abuses and corruptions , which were even in the time of Popery condemned in a Councell held at Oxford under Stephen Langthon Arch-Bishop of Canterbury , not aboue 250. yeeres since .

1. There the Pastors are enioyned , Consil : oxoniens : sub steph : Vt plebes sibi commissas , &c. That they procure the people committed unto them to be informed with the food of Gods word : otherwise canes muti iudicentur ; they are counted dumb dogges : But these Oxford men excuse unpreaching Ministers , affirming that all were not Preachers in the primitiue Church . pag. 14.

2. They decreed that none should be admitted to a vicarage , nisi velit &c. unlesse he will be personally resident in his Church . They condemne Non-residence , these iustifie Non-residents . pag. 17.

3. They decreed , that if they which are admitted to Cures of a certain value , were not resident , seeing bread must not be given but to those that labour , Ecclesijs suis spolientur , &c. should be deprived . But these count it an uncharitable act , yea though other provision be made for them , that they which cannot labour should be removed . p. 15.

4. They would haue no spirituall offices farmed , under paine of suspension : statuentes , &c. decreeing that no Archdeaconry , Deanery , or other Office , which consisteth in meere spirituall things , nulli dentur ad firmam , &c. be put to none to farm . These count it an indifferent thing . pag. 24.

5. Old Oxford men thought good that none should bee excommunicate where the fault is not apparant , Nisi canonica monitione praecedente , unlesse they be canonically , that is , thrice admonished . These new Oxford men count it contempt for the which men are now excommunicate . p. 23. when as they use but once to bee summoned before .

6. They forbid , Ne praesumant pariter iudices esse & actores : that they should not be both iudges and actors , or promoters . But these simply approving the oath ex officio , p. 25. do consequently allow such proceedings , for in this case the Iudge dealing Ex officio is an agent and promotor of the cause .

7. They punish such Advocates qui protrahunt matrimonium malitiose , &c. which wittingly protract suits of marriage : and such are excommunicated because by them it commeth to passe , ut contra iustitiam processus causae diutius suspendatur : the proceeding in the cause is longer , then iustice would , suspended . But these take upon them to defend longsomnesse of suits in Ecclesiastical courts .

8. They determine , Ne Monachus vel Canonicus Ecclesiam audeat retinere ad firmam : That no Monke or Canon should hold any Church to farme : but these maintaine the demising of impropriate Churches to lay Farmers , p. 19. which is more unlawfull .

9. They thought good , Vt in singulis Ecclesijs , ubi parochia est diffusa , duo sint vel tres presbyteri : That in great parishes there should be two or three presbyters . But these allow two or three parishes to one Presbyter . p. 18.

10. This Councell prohibiteth , Ne Clerici iurisdictiones exerceant seculares , &c. That Cleargy-men exercise not secular iurisdictions , especially to the which the iudgement of bloud is annexed , and not to bee present where the iudgement of bloud is handled . But now it is an usuall thing with our brethren , not onely to be present , but to sit as assistants to the Iudge in matters of life and death .

Thus was it decreed in those superstitious times : It may seeme strange that any professing purity of religion should come short of them in those duties ; for our righteousnesse Math. 5. Homil. 5. Exod. should exceed the righteousnesse of the Scribes and Pharisees . And as Origen well saith , Movenda sunt castra cum Israelitis , urgenda est perfectio . Our brethren should haue runne before their blinde predecessors in pious proceedings , not bee cast behinde them : to haue moved their tents forward to Canaan , not to haue looked backe to the corruptions of Aegypt .

Beside as our brethren haue thus 3. observat. failed in the matter , so they haue been much overseen in the manner of handling . They haue burdened the Petitioners , and others , with many untrue accusations , laying to their charge , lewd , absurd , false suggestions , vntrue imputations . clamorous libels , defamatory supplications , p. 5. We are further accused to be Schismatikes , p. 5. Puritans , resembled to Papists , Epist. p. 9. Dislikers of set and stinted prayers , refusers , condemners of the Lords prayer , such as from whom Barrow and Greenwood tooke their beginning , p. 11. favourers of those which write against Princes titles , p. 9. That some of us haue caused our servants to goe to plough and cart upon the feast day of Christs nativity , p. 13. Men accustomed to disobedience , p. 23. That we giue power to the Presbytery to excommunicate Kings : that we giue the Prince , not potestatem iuris , but onely facti , p. 29. We are also charged with undue and dishonest practise , in making petition , Epist. p. 4. with hypocrisie , Ans. p. 10. with factious Sermons , scurrile Pamphlets , ibid. To haue the hands of Esau , Epi. p. 8. The mouth of iniquity , p. 31. To bee Foxes , Epist. p. 11. Evill , malicious , ungratefull men , p. 30. Neither haue our brethren stayd here , but they haue taken upon them also to censure others : some they call busie headed strangers , imputing unto them the want of manners and discretion , to take upon them in a state wherein they haue nothing to doe , in which words they seeme to meane some who should not be in our opinion counted strangers , seeing we are all under one God and King .

Now may it please your Maiesty , what could we doe lesse , then being thus uniustly accused , by a modest and true defence , to deliver our selues and our brethren from these imputations , being not secretly surmised , but publickly , and that in writing ; yea and in your Majesties eares suggested . We doubt not but your Maiesty wil grant us equal hearing , as King Agrippa sayd to Paul : Act. 26. 1 thou art permitted to speake for thy self . Wee presse not to offend them but being provoked defend our selues , as Hierom saith : Vulneratus nequaquam contra persecutorem tela divexi , sed ad Russin : meo tantum vulneri admovi manum .

Lastly , wee note our brethrens oversight 4. observat. in their manner of proceeding in publique impugning what was secretly intended , and in proclaiming to the world that which only we presented to your Maiesty . And whereas our brethren suggest , that soone after ( this our petition and motion being made ) were sent forth Epist: p. 3. into all quarters of the Realme store of the sayd pretended Petitions . It is true may is please your Maiesty , that no copies of the sayd petition were delivered to any beside our selues , ( excepting that only which was exhibited to your Maiesty ) since which time no copies at all were dispersed into any quarters of the realme , much lesse into all : neyther before were any hands required to it , but only consent . So that notwithstanding these pretenses our brerhren are found to bee troublers of the state , not the petitioners , and to haue blowne the coales , and kindled the flames , which wee goe about to quench .

Wherefore wee humbly desyre your Maiestie , that it bee not imputed to vs as a presumptuous part to answer for our selues being provoked , neyther preiudiciall to the conference determined : wee may verily say with Hierome , si superbum Ad Theoph. sit respondisse , multo sit superbius accusasse . If it be a proud thing modestly to answer , much more insolently to accuse .

Besyde , as is our Brethrens cause , such are theyr proofes : they haue inmayntenāce The Censurers sparing in their proofs out of Scripture . of theyr fansies throughout theyr boke alledged , but one text of scripture for any matter in question betweene vs , which are about the number of thirty seueral points , so that wee may say vnto them in Augustines words : Qui divina testimonia non sequuntur pondus humani testimonij perdiderunt . They which follow not the divine testimony , haue lost the credit of their owne .

Now we humbly commend the innocency of our felues , and the goodnesse of our cause to your Maiesties Christian iudgement : we sue for nothing but wherein Gods word doth beare us out , whereof your Maiesty hath given us hope , and for the which we doubt not but to answer for our selues in the presence of God . We trust that God hath raised your Maiesty up as another David , to settle the pillars of the earth Psal. 73. 3. that were shaken : and as the Prophet sayth , to take off the heavy burthens , Esay 58. 6. burthenous ceremonies , burthenous censures , burthenous abuses , which many haue a long time groned under . Augustine to this purpose sayth well , handling these words of the Psalme , They haue ploughed upon my In Psa. 128. back : Ascende in dorsum meum portare te habeo , &c. Nunquid semper super dorsum meum eris : veniet tandem qui te inde excutiet . And he is now come wee trust which shall breake these yokes : and God we are perswaded will inable your Maiesty to do that which shall bee acceptable to himselfe , profitable to his Church , comfortable to your own soule , that we may all salute your Maiesty with the salutation of the Church of David , Psa. 20. 4. 5 the Lord grant thee according to thine heart , and fulfill all thy purpose , that we may reioyce in thy salvation , & set up our banner in the house of God , when the Lord shall performe all thy petitions , that we may all triumphantly say of your Maiesty , as Ambrose of Ambr. Theodosij fides . the good Emperour Theodosius : Iacobi regis fides nostra victoria .

Your Maiesties most faithfull subiects , The humble Petitioners , the Ministers and Preachers that desire reformation according to the word of God .

THE ANATOMY OF THE CONTROVERSED CEREMONIES OF THE CHVRCH OF ENGLAND , BEEING considered in their Nature and Circumstances . By Iohn Sprint Minister of Thornby in GLOCESTERSHIRE . 1 Beginning . 1 Blinde zeale and superstition , as the Fountaine . 2 Tradition , as the streame and Channell . 3 Popish Masse-booke , as the puddle . 2 End . 1 Of inventing 1 To please Iew and Gentile by a perverse imitation . 2 To paint Gods Worship with a needlesse adornation . 2 Of maintaining 1 To claw and curry favour with Papists , Atheists , &c. 2 Vo uphold our Church corruptions , 1 Lordly Prelacie . 2 Non-residency . 3 Dumbe Ministery . 3 To snare the faithfull professor . 4 To nourish the carnall Gospeller . 5 To thrust out the faithfull Teacher . 6 To keepe out Christs Discipline . 3 Persons 1 For them . 1 Ordaining 1 Sathan inspired them . 2 Man invented them . 3 Fathers by tradition delivered them . 2 Commanding and enforcing them . 1 The Beast . 1 Antichrist . 2 His Bishops . 2 Man . 1 The Magistrate abused . 2 Lordly Prelates abusing . 3 Defending 1 Popish Champions . 2 Dignified Chaplins , alias Chop-livings . 3 Covetous Chancellors . 4 Ambitious Pluralists . 5 Symonaicall Patrons , alias Latrons . 4 Approving . 1 Impious Atheists . 2 Ignorant Papists . 3 Dumbe Homilists . 4 Temporizing Statists . 5 Powling Registers . 6 Prowling Paritors . 7 Prating Proctors . 8 All prophane livers . 2 Against them 1 Refusing the most faithfull , painfull , blessed 1 Pastors . 2 Exiles . 3 Martyrs . 2 Disliking the most zealous and godly people of all sorts . 3 Disproving the most sincere & learned , forraine & English 1 Writers . 2 Preachers . 4 Rejecting the purest and best reformed Churches . 4 Matter 1 Negatiue : No ordinances or commandements of God . 2 Affirmatiue . 1 Mans 1 Inventions . 2 Precepts . 3 Traditions . 2 Antichrists 1 Idols . 2 Will-worships . 3 Reliques . 5. Manner of urging & maintaining 1 Reasoning 1 Cavilling . 2 Railing . 3 Slandering . 4 Stirring up the Magistrate 1 Against the Innocent . 2 Against their Brethren , 2 Censuring 1 Suspending . 2 Excommunicating 1 For a trifle . 2 For things good . 3 Ipsofacto . 3 Deposing , depriving , degrading of 1 Law . 2 Living . 3 Ministery . 6 Qualitie 1 Needlesse and superfluous ; because 1 Added to Gods perfect Ordinances . 2 Gods Church & worship may be without them . 3 Not required of God , nor having any speciall or generall ground out of the Word . 2 Vnprofitable ; because they 1 Edifie not Men. 2 Glorifie not God . 3 Serue not in the Church 1 For Order . 2 For decencie . 3 Hurtfull unto the 1 Weake , by offence . 2 Ignorant , by superstition . 3 Popish , by Idolatry . 4 Brethren , by dissention . 5 Godly , by 1 Inward griefe . 2 Outward persecution . 6 Schismatickes , by separation . Occasioned . 4 Wicked against the 2d. commandement . 1 In disgracing the Sacraments , & Worship of God . 2 In being defiled with superstion and Idolatry . 3 In being the monuments of Idolatry . 4 In being Will-worships . 5 In bringing into Gods Worship the manner of 1 Iewes . 2 Gentiles . 3 Hereticks 4 Papists . 6 In being symbolicall or signifying holy signes of mans invention . Effect . 1 In the persons for them 1 Prescribers and maintainers . 1 Privation , or abolishing of good : namely of — 1 Of Christian liberty to bind the conscience 1 Where God hath not tied . 2 Where Christ hath freed . 3 Vnder the same censures are greater penalty and strictnes then the breach of Gods commandements . 4 Not to do that 1 Which is agreeing to the Word . 2 which God commands 2 Exercises of Religion , Gods own ordinances 1 Preaching . 2 Prophesying . 3 Fasting . 4 Dispossessing . 3 Quiet and peace of the Church . 4 People robbed of their Pastors . 5 Painfull Pastors of their maintenance . 2 Occasion of e-evill , of 1 Sin , 1 Abuse of censures in 1 Suspending . 2 Excommunicating 1 Vainly . 2 Vniustly 3 Vngodly 4 Ipso facto 3 Depriving 2 Prophanation of 1 Sabboth . 2 Worship . 3 Tyranny in Prelates . 4 A foul-murdring ministry 1 Dumbe . 2 Non-resident 5 Carnall liberty , Atheisme , & grosse ignorance in the people . 6 Contempt of GODS 1 Word . 2 Ministery . 2 Punishment : Iudgements certainly following these evils . 1 Bodily . 2 Spirituall . 2 Vsers ( a ) 2 In the persons against them ( b ) ( a ) Vsers 1 For loue . 1 A Cloke of their 1 Ignorance . 2 Slothfulnesse . 3 Fleshlinesse . 4 Covetousnesse . 5 False and corrupt Doctrine . 6 Scandalous life . 2 A spur and sword unto their 1 Envy and Malice . 2 Railing , disgracing and persecuting of their 2 For feare . 1 By present practise 1 Destroying former doctrine . 2 Shutting up the mouth against corruptions 3 Quenching their zeale . 4 Wounding their conscience . 5 Reioycing the enemies of the truth . 6 Grieving the friends of the truth . 7 Estranged from the better part . 8 Linked to the worser part , in 1 Affection . 2 Practise . 3 Fellowship 9 Confirming and countenacing the Prelates ungodly and tyrannous proceedings . 10 Alluring & occasioning others to fall by their 〈◊〉 2 By preparation unto 1 Subscription unlimited and ex animo to that all good Christians consciences do ex animo abl● 2 To plead for the great corruption of 1 Lordly Domination 2 Dumbe Ministery . 3 Non-residency . 3 To practise , favour , and maintaine them . 4 To oppose and persecute 1 The cause of God . 2 Their innocent & godly bre●●●●● ( b ) In persons against them 1 Refusing 1 God is glorified . 2 The truth is iustified . 3 The godly edified and strengthned . 4 The adversaries mouthes stopped . 5 The ignorant provoked to search and finde the truth . 6 Themselues haue 1 Peace of conscience . 2 Triall of patience . 3 Note of faithfulnesse . 4 Ioy in suffering . 5 Increase of zeale . 6 Hope of glory . 2 Removing 1 Evill falleth 1 Corruptions in 1 Doctrine . Of the Church 2 Ministery . Of the Church 3 Government . Of the Church 2 Scandall to the 1 Godly . 2 Weake . 3 Wicked . 3 Prophanation in 1 Sacraments . 2 Worship . 3 Sabboth . 4 Papistry , Atheisme , open wickednesse . 2 Good flourisheth 1 Increase of faithfull Pastors . 2 Increase of godlinesse in the people . 3 Purity of 1 Doctrine . 2 Worship . 4 Peace , loue , and decent order in the Church . 5 Conformity with the 1. Word . 2 Best reformed Church 6 Gods blessing on 1 Church 2 Whole land .

BELLVM CEREMONIALE , THE CEREMONIALL BATTELL .

Behold the Leaders and the Souldiers .

The better part disclaimes them . The worser sort retaines them . 1 God neuer planted , nor his spirit inspired them . 1 Sathan inspired them , Man invented them . 2 Christ hath freed us from them . 2 Antichrist enthrales us with them . 3 Holy Apostles neuer taught , nor practised them . 3 Romish Apostates euer taught & practised them . 4 Christian Churches reformed haue abolished them . 4 Antichristian Romish church deformed retaines them . 5 Word of God condemnes them . 5 Masse booke justifieth them . 6 Purest Writers conclude against them , 6 Popish writers patronise them . 7 Godly Martyres suffered for them . 7 Vngodly Bishops persecute for them . 8 The godly zealous Exiles withstood them , 8 Carnall contentious Exiles stood for them . 9 The most Reuerend Bishops wisht them remoued to further the Gospell . 9 The most tyrannous proud Prelates suppresseth the Gospel for them . 10 Our soundest Doctors taught against them . 10 Our popish Rabbins & corrupt Statists plead for them . 11 Our faithfull and vnreproued Pastors refuse them . 11 All scandalous Non-residents , Non-preaching Ministers use them . 12 All sincere Professors are offended at them , and detest them . 12 All popish carnall & wicked haters of God rejoyce in them .

The Weapons . 1 Offending sword of the Spirit . 2 Defending shield of 1 Faith . 2 Patience . 1 Offending 1 Sword 2 edges 1 Railing , slandering . 2 persecuting , imprisoning . 2 Cannon 1 Excommunicating . 2 Suspending . 3 depriving of Living Law. 4 degrading or deposing 2 Defending by the buckler of authoritie — 1 Fathers traditions . 2 Mens precepts .

The Event of the Battell .

1 Humiliation in Gods sight . 1 Encrease of pride before God and Man . 2 Exercise of Christian patience . 2 Practise of Antichristian crueltie . 3 Tryall of faithfullnesse . 3 Discovery of unfaithfulnesse . 4 Vnity of faith . 4 Endlesse dissentions . 5 Increase of loue among themselues . 5 Increase of contentions among brethren . 6 Godly zeale inflamed . 6 Superstitious zeale occasioned . 7 Conformity with Christ and the godly . 7 Conformity with Antichrist and Worldlings . 8 Peace of conscience . 8 Conscience accusing . 9 Ioy in suffering . 9 Terror in persecuting , 10 Furtherance of the Gospell . 10 Hinderance of the Gospell . 11 Christian liberty maintained . 11 Bondage enforced . 12 Offences remoued . 12 Offences given . 13 The elect conuerted . 13 The wicked hardened . 14 The truth cleared . 14 Papistry cloked . 15 Gods blessing on their life & labors that withstand them . 15 Gods iudgments on the hand of them that maintaine them . 16 Gods holy name glorified . 16 Gods holy name blasphemed . 17 Pleasing the godly , greiuing the wicked . 17 Grieving the godly , pleasing the wicked . 18 Confidence and gladnesse at the judgement day . 18 Confusion and trembling before the iudgement seat of God .

THE DEFENCE OF THE PETITION FOR REFORMATION .

The Reply to the generall censures .

CENSVRE . 1. IT is inconvenient and unsufferable to permit a long and well-setled state of governement to be so much as questioned .

Ans. First then , wherein the state is well-setled , we neither make question nor desire alteration : but where some wants and imperfections are found , which are indeed no parts of our state , but blemishes , it is neither inconvenient for your Maiestie , where you see cause to alter , nor unsufferable in us to make question . It is both honorable to your Maiestie to supply what is wanting , to restore what is decaying , to remoue what is offending ; and we trust not disloyall in us to desire some things to be questioned , & conferred upon , which Mary in your Christian policie seeth neither to be inconvenient nor insufferable . It is an honour for Princes to adde to their predecessors worke , as Iosua did to Moses , Salomon to Davids , Nehemiah to Zorobabels . Religion is perfected by degrees , and reformation can Religion perfected by degrees . Lib. 7. in Luc. hardly be wrought in one age . Ambrose saith well : Non in principijs perfecta quaeruntur : sed à principijs ad ea quae perfecta sunt pervenitur . The perfection of things is not sought in their beginnings ; but men proceed from the beginnings to those things which are perfect . The Law Imperiall saith : Qui subtiliter factum emendat , laudabilior Cod. lib. 1. tit. 2. l. 1. Iustinian . est eo qui primus invenit . Hee that exactly bettereth that which is done , deserues more commendation then he who first invented it . And as for your Maiesties poore subiects the Ministers of the Gospell , wee haue greater cause to thinke our selues happy that we may poure out our complaints into your Christian bosome , then Paul did for that he was suffered to answer before king Agrippa ; and we doubt Acts 26. 3. not but that your princely eares are open to heare us for our selues , that would haue us heard for your selfe , as Ambrose saith to Theodosius : Ipse non audies eos , quos pro Ambros . epi. 29. ad Theodos . te audire velis . Will not you heare those , whom you desire may be heard for you .

2. Cens . Augustine saith , The very change of custome otherwise profitable , hurteth by innovation .

Answ. Neither should custome prevaile Custome no rule of truth , against truth , nor antiquity counterpoise the verity : Innovation is not to be feared where reformation is effected : for then neither Christs Gospell should haue taken place against the Iewes traditions , nor Christianity against Paganisme , or Protestancie against Poperie . Augustine saith well even in the same place , where he is alledged for custome , Aut propter fidem aut propter mores , vel emendari oportet quod perperam fiebat , vel institui quod non fiebat . For faith and manners that may be amended , which was evill used , and that may be a new instituted , which was altogether omitted . And Ambrose answereth Symmachus well , that urged custome for certain Pagan rites : Nulla aetas ad perdiscendum sera est , crubescat senestus , quae se emendare non potest : non annorum canities est laudanda , sed morum : nullus pudor est , ad meliora transire . Old age should not be ashamed to amend , and it is no shame to change for the better .

3. Cens . If the ceremonies were superstitious , with what conscience did they subscribe in respect of the times , & c ?

Ans. 1. The Ceremonies which we desire to be removed , as we iudge them not Of subscription . all to be alike superstitious , so neither do we hold them profitable or fit to be retained being divers wayes scandalous , as shall afterward be shewed in particular .

2. Some men by subscription did beare them as tollerable in their opinion for the time , not as condemnable in themselues : And do our brethren aske with what conscience they could doe this ? Did not the Apostles subscribe in their Epistle for the retaining of the Iewish rites of abstaining from strangled & bloud , not thereby simply giving them approbation , but yeelding toleration for a time . As Augustine doth fitly resemble it : Sicut defuncta corpora necessariorum officijs deducenda erant , quomodo ad sepulturam , &c. As the bodies of the dead must haue a time to be brought after a seemly manner to the graue , and not to be straight wayes forsaken , &c. so they which desired the peace of the Church , and were loath to depriue the same of their labours , did thinke they might by their subscription and tolleration beare these ceremonies for a time , as the Apostles did the Iewish , though the case be not altogether alike , the one being legall rites , the other humane inventions , yet neither apparantly impious , the time and other circumstances considered .

3. And yet divers which sue for reformation , did refuse at all to thrust their neckes under this yoake of subscription . But how little the subscription of some maketh for the allowance of these offensiue ceremonies , shall further appeare in the defence of the preface , Art. 6.

4. Cens . If they be indifferent , &c. then the Magistrate may command , and we must obey . Where is then their pretended obedience ? &c.

Answ. Concerning the indifferencie of Some Ceremonies urged not indifferent . Epist. 118. c. 8. these ceremonies : 1. It will bee hard to shew that they are all indifferent . Augustine hath this rule of things indifferent : Quod neque contra fidem neque bonos mores iniungitur , indifferenter est habendum . That which is not enioyned against Faith and maners , must be held as indifferent . Such Ceremonies then as haue no warrant in the word , and so against faith , ( as the Crosse in Baptisme : and are offensiue to the brethren , and so against charity ( as the Surplice ) how can they be sayd to be indifferent . 2. Were they indifferent in their owne nature , yet the scandall that is given to the Church of God doth take away the indifferent use of them . As S. Paul saith , he would not eate flesh while the world standeth , if it offend his brethren : 1. Cor. 8. 13 and it is no small danger to wound the conscience of the brethren : the Apostle saith , they sinne against Christ . 3. And if these ceremonies were indifferent in their owne nature ; yet to him that cannot be so perswaded , they are not indifferent : For whatsoever is not of faith , that is , of a Rom. 14. 23. ful resolution without doubting , is sin . For this were as Ambrose saith , to be strenuum operibus , affectu infidum . To bee stong in action , and unstable in affection . Wherefore if either these ceremonies be not at all indifferent in their owne constitution , or not so in the perswasion of the heart : it is no disobedience to forbeare and refuse though they are commanded : for the Apostles resolution is to be followed , to obey God rather . The Magistrate must not Act. 4. 19. be resisted , and yet that which is against the conscience , may without disloyaltie be refused , as Ambrose excellently resolveth , Volens nunquam ius deseram , coactus repugnare non novi , potero flere , potero gemere . Orat. in Auxentium . I will never willingly forsake that which is right , I cannot resist though provoked : this I can do , even to weep and waile . Lastly , seeing these ceremonies are confessed by our brethren to be indifferent , then is it in your Maiesties power to take them out of the way .

Then seeing the removing of these ceremonies wil be no offence of conscience to those that hold them indifferent , and yet the retaining of them wil grieue the consciences of many good Christians that take them not to be such : we humbly beseech your excellent Maiesty to take away these occasions of stumbling ; and we doubt not but your Maiesty is resolved with the Apostles , to lay upon your people no other burdens beside necessarie things , Act. 15. 28. Like to Theodosius the Emperour , of whom Ambrose saith , Malluit sibi homimines religione , quam metu constringere , in obit. Theodos . Hee had rather binde men unto him by religion then by feare . Positiue abuses .

5. Cens . These men should not be suffered Vntruth 1. wee do not calumniate the state . Vntrutht 2. There are many things positiue in the church worthy of blame . to calumniate the State wherein there is nothing positiue worthy of blame .

Answ. As touching the abuses in the Church , some of them are in the very constitution , as of Non-residents , pluralities , dumb ministers , faculties , excommunication by Chancellors Officials , and such like , as shall afterward appeare in particular . Were there nothing herein positiue that is worthy of blame , happy were this Church , and twice happy shall your Maiesty be to procure it to be such : neither is this to calumniate the state to complaine that the Church of Christ is pestered with some usages and offices begunne under Antichrist , of the which we are bould to pronounce with our Saviour , every plant which Math. 15. 13. my heavenly Father hath not planted , shall bee rooted up : and according to the rule of the Law : Absurdum est ipsa origine rei sublata , Cod : lib. 7. tit. 6. leg . 1. Iustine . eius imaginem relinqui . It is absurd that the thing it selfe being taken away , the image therof should bee still remaining . Seeing then popish doctrine , as the roote and originall is abolished , all papall platformes , as the shadow should vanish .

6. Cens . No Church in Christendome is Vntruth : 3. able so much to iustifie their abuses , as this Many reformed churches goe beyond vs for discipline . of ours , which are not so heynous as deserue their bitter reprehension .

Answ. Beside also many abuses there are in the execution of Ecclesiasticall lawes and orders ( as shall afterward appeare ) 1. Which we heartily wish did no more abound in this Church , then in some other reformed churches , whose example herein we desire to bee followed according to the word of God . 2. What if no Church can iustifie all the corruptions & abuses crept in : Yet everie Church ought to presse foreward unto perfection , & to follow the Apostles rule : to forget that which is behind ( not to please our selues in our imperfect state ) and to endevour to that which is before , and to follow hard toward the Philip. 3. 13. marke . 3. Neither had our brethren of Oxford cause to obiect that the Petitioners Maske under an unknown generality , seeing they themselues expresse not their names , nor remoue the vaile from thier faces : and as for us , we conceale not our names as ashamed of the cause , but wee forbeare , because it is your Maiesties pleasure we should not gather hands to our petition : but as Ambrose saith to the Emperour tolle legem & fiat certamen : Take away the law , and let the tryall be made upon even tearme . So when it shall please your Maiestie , the consent and number of the Ministers and others desiring reformation , will soone appeare . We are able to shew that these abuses are not onely worthy of reprehension ( which in our petition is done without bitternes according to the 2. Tim. 2. 25. Apostles rule , instructing them with meeknes that are contrarie minded ) but of alteration ; not onely fit to be repoved , but for ever removed : we are now to declare the one , and we trust your Maiestie in good time will determine the other : and we doubt not , but that you are resolued with the Cod. lib. tit. 6. leg : 42. Emperour Iustinian : omnia quae pro honore sanctae Ecclesiae ad Dei placitum fieri properamus , legibus constituere & operibus adimplere desideramus : all things which may bee for the good of the Church by your lawes to will , and in your works to fulfill .

The defense of the Preface .

1. Obiect . They fauour them too much Vntruth : 4. Princes titles . that were wont to subiect all kings Titles to popular election , &c.

Answ. How they which now sue for reformation were before affected to your Wee doe not therein fauor them . Maiesties title , we appeale to your princely knowledge : and who they were that did shew themselues most earnest to haue had the same in Queen Elizabeths time declared , is well knowen . Our brethren are then to blame , to draw those into suspicion which will not giue place to any of themselues in zealous and loyall affection : And what if some otherwise of good parts haue written undutifully of Princes titles , doe wee iustifie or favour them therein ? Vniversitie men brought up in the schooles might remember that from secundum quid to simpliciter the argument followeth not , that because we like them in some things we should approue them in all . We say Pammach. & Ocean . with Hierome : non consuevi eorum insultare erroribus , quorum miror ingenia .

2. Obiect . The petitioners by seeking this , Vntruth 5. We disturbe not the state . and the like dangerous alterations do disturbe the state , &c.

Answ. Flatterers are the disturbers of the state , not they which desire things amisse to be amended : But this hath been alwayes the reward of the servants of Christ , that duly sought for redresse , to be counted troublesome and busie bodies , according to the saying of the Apostle : am I become your enemie because I tell you Gal: 4. 16. the trueth ? to the which answereth that common saying : Obsequium amicos , veritas odium parit : flattery maketh friends , and verity maketh foes . The Prophets did not disquiet the state of Israel , but they which Ezech. 13. cried peace , peace , sowing pollowes under mens elbowes , and flattering them in their sinnes , saying all is well . If other men were as willing to bee reformed as some desire the Magistrate should reforme , there need to bee no disturbance at all : It is good to haue peace , and follow loue , but as the Apostle saith 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , in the trueth : then shall we rest quietly , when we sleepe not upon mens pillowes , but in Christs armes : as Origen wel noteth on these words Homil: 2 in Cantic . Cant. 26. his left hand is under my head : noli consuere cervicalio vel aliunde capiti requiem quaerere , habe sponsi laevam sub capite . Sew not pillowes to thine head , nor seek rest unto it elswhere , get the left hand of the bridegrom put under it .

3. Obiect . Howsoever in words they decline Vntruth : 6. Wee meane as wee write . the imputation of factious men , &c. it is well known in this kingdom and that of Scotland what manner of men they be .

Answ. We meane as we say , we wish not the dissolution of the state Ecclesiasticall : wee would haue Episcopall labours ioyned with Episcopall honor , that they would doe their duty and haue their duty , as the rule in law is : rationi convenit Reg: iur . 76 vt succedat in onere , qui substituitur in honore : that they encroach not upon other mens callings , but that they may be 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 40 chayned with such bondes , as may preserue that estate from creeping to corruption . If any in Scotland haue beene to forward , wee excuse them not : yet that whole Church is not to be blamed for some mans fault : wherein are many reverend , learned and godly pastors , as his maiesty hath giuen a princely testimony of them , that Pref: to 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . there is presently a sufficient number of good men of the ministery in this kingdome . Other mens oversightes wee iustifie not , neither will answer for their errings , if any haue vnduely in their vndiscreete zeale sought for reformation wee prayse them not : neither ought it to be a preiudice to moderate proceedings . As in our enemies wee condemne not that is good , so neither in our freinds commend wee that which is euill : as he well sayth : nec bonis aduersariorum ( si quid honestum Hierom : Pammach : & Ocean . habuerint ) detrahendum est , nec amicorum laudanda sunt vitia .

4. Obiect : Those men might haue better performed their obedience to God , &c: what are these men they should assume so much ?

Answ. 1. wee haue assumed nothing Iust complaints not disloyall . which becommeth not good subiects , to lay open our complaynts to our gracious Soveraigne , as the members send vp their greifes to the head . 2. Neither doe wee seeke to abuse the Clergie , but to honor them , when wee desire they might in everie congregation shine as lampes both in life and doctrine . 3. What greater obedience to God then to bee found faithfull ? what better service to his Maiesty then to acquaint him with the wants of that body , wherof he is the head ? what truer loue to the Church then to desire her perfection ? 4. Wee trust his Maiesty counteth it no trouble to heare his honest subiects complaynts , as by his owne princely words wee are incouraged , weary not to heare the complaints of the oppressed 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . 92. aut ne Rex sis . Preachers and ministers that humblie sue for redresse , trouble not the Church but idle non residents , dumb ministers , couetous pluralists are the men which are setled in their dregges , and will not haue their sowre lees drawne forth . As for vs wee blesse God for our externall peace , and heartily desyre the true internall peace : that we may be all according to the Apostles rule 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Eph. 4. 15. , following the truth in loue , and louinge in the truth , and so we say with Hierome , ad . Theoph: vnto our brethren that seeme to stand so much upon peace and quietnesse : nihil grande est voce pacem praetendere , & opere destruere ; &c. it is nothing to pretend peace in word , and destroy it indeed . Wee also would peace , and we wish not onely but entreat peace , the peace of Christ , true peace : pacem quae not ut adversarios subijciat , sed ut amicos iungat , such peace which may not subdue us as enemies , but ioyn us as friends .

5. Obiect , They must prooue that those Vntruth 7. These are the peccant humors . are the peccant humours of the Church , which in truth is the least peccant of any other , &c.

Ans. 1. If these & such like be not the Who come neerest the Catharsts . peccant humors in the body of the Church , there are none at all : thus these men seem to come neerer to the Puritans & Catharists , then those ( whom they in their answer haue traduced ) that acknowledge all things pure in the Church , and no thing amisse , how farre are they from redressing that are so farre of from confessing their wants ? Ambrose well saith sensus vulneris est sensus vitae the sense of griefe is the sense of life . 2. We wish even in our hearts , it were as they say , that our Church were least peccant in the world , then should we haue no contention about humane rites , Non-residents , dumbe ministers , Commendams , faculties , abuse of Excommunication , and such like , which are strange in other reformed Churches . 3. Reverend Bishop Iewel , where he saith ; we are come as neere as possibly we could to the Church of the Apostles : neither meaneth How we are come neere the Apostles . the abuses and peccant humors of our Church , which he would never haue iustified , nor yet all the ceremonies , for else were he alledgeth out of Valafridius Abbas that in the beginning the communion was ministred without any difference of apparrell , and sheweth that it was so in Hieroms time : defence Apol. 401. Neither yet doth hee meane that the discipline of the Primitiue Church is exactly restored , for the booke it selfe confesseth , that the godly discipline of the Primitiue Church is now wanting , and besides In the commination . hee sheweth in this place , wherein the Church of England is departed from the Church of Rome , which is not in the administration of discipline received from them : and else where he reproveth Harding Defenc. apol. 41. for saying Christ and his Apostles never ruled the Cburch in better order then it is now ruled by the Pope & his Cardinais . Our brethren say as much in effect that it is ruled as well by Bishops . Wherefore his meaning must needes be , that in doctrine and in the substance of the Sacraments we are come neere it , and for the rest , as neere as possibly we could , that is , as the times would permit and suffer . And we desire our brethren to tell us in good sooth whether in the Primitiue Church of the Apostles , the crosse in Baptisme , the surplice in the Communion were used , whether they read of any Chancellours , officials , &c. Non-residents , dumbe Ministers in those times ? It is all we desire that the discipline of our Church may be reduced to the forme of the Apostles government . Lastly , haue our brethren no more chariry , then to wish that the petitioners ( whom they untruely call unquite and mal-contended humors ) were purged out of the land : If they proceed on in such wishes they will giue us cause to complaine , as Hierome doth of an uncharitable adversarie of his : talibus institutus Apol. 3. advers. Ruf. es disciplinis , ut cui respondere non poteris , caput auferas , & linguam quae tacere non potest seces . You haue learned , that whom you cannot answer , his head you would chop off , and cut out the tongue that you cannot silence : but we wish better unto them with the Apostle : if yee bee otherwise minded that God would reveale it unto you , in his good time .

6. Obiect . To subscribe to that in respect Of subscription upon protestation . &c. of the times which in it selfe is vnlawfull proveth little lesse then hypocrisie . &c.

Answ. In these petitioners which subscribed to the booke ( in which terme is no disdaine at all ) there was neither dishonesty nor hypocrisie so to doe . although they simply allow it not . 1. They subscribed with protestation , some with condition , other some upon expositions giuen them , which is no meere falsity , but a cleere verity , as some of our Bishops and their Registers do know , and some of the subscribers are able to shew . Fox . p. 118. But this argueth no sincerity ( say our brethren ; ) What would they then haue said of Reverend Cranmer who was sworne to the Pope upon protestation , acknowledging his authority no further then it Zanch. Miscel. p. 35. agreed with the expresse word of God : Or what would our brethren haue thought of Zanchius , that with some exceptions and interpretations subscribed to certaine Lutheran points of doctrine , who aledgeth the iudgment of Calvin in the same matter to Gulielmus Holbracchus , likewise urged by the Lutherans to subscribe praecise , ut recuses non consulo , &c. nunc ergo exceptiones interponere necesse est , quae te molestia liberent . I giue not counsell precisely to refuse , &c. but to put in exceptions which may ease you Supplic . ad Senat. Arg. of trouble ? Hereupon Zanchius saith se sincero pacis & concordiae studio adductum subscripsisse : that hee subscribed beeing thereunto moved of a sincere desire of peace . But the subscribers case is far more equall and reasonable , who upon protestation expositions , &c. subscribed not to suspicious doctrines , but to certain superfluous rites . 2. Because they were loath to depriue the Church of their labours , and forsake their flockes , for these matters , which are though inconvenient , yet not of the substance of Religion : and hereunto agreeth the canon , utilitatis intuitu quaedam in Ecclesia Caus. 1. q. 7. tolerantur . Thorough the shew of profitablenesse , some things are tollerated in the Church . The Petitioners then subscribing , did not therein allow these ceremonies as profitable , seeing the state intended a greater perfection , howsoever it was hindred , as may appeare by the statute set before the booke of Common prayer , the words are these , Such ornaments , &c. of the Ministers shal be retained , till other order shal be therein taken . And the book it selfe in the Commination aimeth at the restoring of the Discipline of the prim . Church . 3. And herein by subscription to tolerate Subscription of some excused . things not apparantly impious for a time : But now there is no reason , that subscription which was yeelded to the necessity of time , should either preiudice the subscribers according to the Canon : temporum necessitate perfecta , hac ratione ad veniam Caus. 1. q. 7. c. 13. pertinere decernimus , quod gestum est : what the necessity of the time required , in reason ought to be pardoned : or hinder the reformation , according to the like Canon : quod necessitas pro remedio reperit , &c. that which Caus. 1. q. 7. c. 7. necessitie found for a remedie when the necessity is removed , must cease also that which is urged , for a due and orderly course is one thing , that which by usurpation for the time is enforced , another . Lastly some of the subscribers are now of another iudgment and see more into the cause , then they did before , and doubt not to say with Hierome : imitati estis errantem , imitamini correctam : You haue followed him that erred , be you followers of him that hath corrected his error . And could wish that this vinculum subscriptionis , as Ambrose calleth it in another case , were dissolved , as Eusebius Vercellon : caused Dyonisius subscription ( but in an harder case ) to bee razed out . Any of these reasons will free the petitioners subscribers from this uncharitable imputation of Hipocrisie , and dishonesty .

7. Obiect : The Church of England had Vntruth . 8. We condemn factious Sermons , &c. beene happy if it had not beene troubled with their factious sermons , &c.

Answ: We mislike factious Sermons , & scurrile pamphlets , as much as these censurers of Oxford : and some of their frends & favorits are not free from the imputation of both : The painfull labours of the ministers Painful Preachers not factious . petitioners in the Church of England both by preaching and writing are well knowne . And though the rule hath beene , better no preachers , then such as desired reformation ( therfore miscalled factious ) yet this is our comfort to say with the Apostle : in the declaration of the truth , wee approue our selues to euerie mans 2. Cor. 4. 2. conscience in the sight of God : and herein wee say agayne with the same Apostle : wee passe very little to be iudged of you or of 1. Cor. 4. 3. mans iudgment : beeing sory that you thus account of the freinds of the gospell , as of enemies and cannot endure the lovers of the truth , which you professe to loue . And so , as Augustine sayth : res multum dolenda & miranda contingit , &c. A strange Tractat. in Ioan. and heauy thing often falls out , that the man whome wee take to bee vniust , and yet he is iust ; louing in him iustice which wee know not wee hate : & hominem bonum tanquam malum affligamus : and afflict a good man as though he were evill .

8. Obiect : The number of more then a Vntr. 9. It is not a vizard . There are not so few godly Preachers that wish reformation . thousand is but a vizard , &c.

Answ: The number of more then a thousand is no vizard , as theirs is , that mask vnder the name of the heads of the vniversity , yea of all the learned and obedient of the clergie , as the title sheweth , whereas we know there are diuers hundred of learned , obedient , sober , discreet preachers in the vniuersities & other places of the Church that neyther like , nor allow their proceedings herein . As at the passing of that grace in Cambridge , whereof our brethren make mention in their epistle , there was not present the third part of the vniuersity that gaue voyces , nor one Doctor of diuinity besides the Vice Chancellor as we are credibly enformed . Let them first pull of their vizard and shew themselues , they should not obiect that to others which it seemeth they are ashamed of , to professe their names : Therefore wee may apply Augustines wordes a-against them : conferamus de medio si placet Lib. 1. cont. Iulian. ista communia , &c. let us leaue these common matters , which may be said of each side , though not truly of each side . 2. How can that be a Christian & commendable church government under Chancellors , Officials , Commissaries , Registers , Proctors , Sumners , which is the same in the forme nothing altered ( the supremacy onely and dependancy of the Pope excepted ) with that now used and practised in the Antichristian and papall sinagogue . Therefore to this untrue assertion , wee returne no other but Hieromes answer : Non necesse habet vinci , Ep. ad Ctepant . quod sua statim professione falsum est . That needeth no refutation , which appeareth false in the very relation . 3. The humble Petitioners haue done nothing malitiously , or iniuriously we wish that they , which thus censure them , were as farre from both . Hierome could haue told them : non facilis est venia prava dixisse de rectis . Pardon for Hierom. Asellae . speaking evill of that which is good , is not easily obtained . Thus men for their conscience , and unfained loue unto the Church of Christ , are loaden with the reproach of sedition , presumption , dishonesty , hypocrisie , scurrility , malice , iniury . &c. A likely matter that such pleaders haue a good cause in hand , when they begin their plea with such intemperate and uncharitable stuffe : therein committing the same fault , which Origen obiecteth Lib. 7. cont. Cess . to his adversarie . Philosophus iste cum nos instruere velit calumnatur &c. this Philosopher when he should instruct us raileth , when in the beginning a wise Orator , should shew himselfe friendly toward his Auditors , And thus end their censures upon the preface .

THE DEFENCE OF THE FIRST PART OF THE PEtition concerning Church service .

1. Against the Crosse in Baptisme .

1. THE Sacraments are to be preserved in that simplicity and purenesse , wherein Iesus Christ hath left them to the Church : So S. Paul saith : I haue received of the Lord that which 1. Cor. 11. 23. I delivered unto you . S. Paul so great an Apostle innovated nothing , but delivered that onely which he had receiued : And this is the Lords own charge : ye shall put no thing thereto nor take ought ther from : therefore Cyprian saith well : neque aliud fiat a nobis Deut. 12. 32 Cyp. lib. 2. Epist. 3. quam quod pro nobis dominus prior fecit . We may not do any other thing ( in the ministration of the sacraments ) then the Lord himselfe hath done before us .

But Iesus Christ commanded onely to baptize with water in the name of the Father & of the Son , & of the H. Ghost not to signe with the signe of the crosse . Mat. 28. 19. The commission is : Go and baptise , wash with water . And this the disciples observed : here is water what doth let but that I Act. 8. 36. & 38. may be baptised , and they went both into the water , & he baptised him . Philip did no more . Peter Martyr is cleare for this . The Peter Martyr loc. com : 4. c. 9. word and the water ( saith he ) make the sacrament the other things , which were added after , came from the B B. who where too much addicted D. Fulke in Rhem. Test. Luk. 44. 50 to ceremonies . D. Fulk likewise speaking of the signe of the crosse , saith : it can not be a convenient memoriall of Christ , because Christ commanded it not .

Therefore the crosse in baptisme departing from the simplicitie and plainnesse of our Lord Iesus institution is to be reiected .

2. If the crosse be superstitious and popish in the one sacrament , then it cannot be convenient nor Christian in the other , according to the rule de similibus similiter iudicandum : In the like case , the like iudgement is to be passed , which our Saviour Christ useth .

But in the sacrament of the supper the crosse was taken by the church of Eng. to be superstitious , and popish , and therefore Math. 12. 3 Aug. tract. 108. in Ioan : Missal . Rom. extruded , though some of the Fathers and the Popish Church had brought it in before .

Therefore by the same rule the crosse in baptisme should haue been removed also .

3. That which hath been idolatrously abused in popery , and hath no necessarie use in Gods Church ought to bee removed : As Ezechiah pulled down the brasen 2. Reg. 〈◊〉 serpent because the people made and Idol of it . This hath been the iudgement of The Church . Tertullian shewes at large , Tertul. de coron. Milit. then when things indifferent haue been abused by Pagans , & Idolaters , Christians may not use them , unlesse they haue Gods warrant for them . And Augustine shewes Aug. epist. 86. ad casul . Iewel . defen. of Apol. p. 441. distinct 63. quia sancta . that the Church of Christ left to fast upon the Lords day , because the maniches had taken up , that day to fast on , worthy Iewel shewes many examples of the like : Nay the very Popes law resolveth thus : that if some of our praedecessours haue done those things , which were well in their times , and yet afterward they be turned into errour , and superstition , they must without any delay be reformed .

But the crosse hath been Idolatrously Whit. cont. Bell. descrip. c. 6. Ra●n . confut. 586. Bellar. lib. de sacr. author . apud . Aug. sect: 59. abused in poperie as our best writers shew ) yea the verie crosse in baptisme to bee a defence and muniment against the Devill . de Cons. distinct. 4. postea &c.

Therefore there being no necessarie use of it in the Church of God , it ought to be removed .

4. It is not lawfull for any either man or Angell to add any thing to the substance Gal. 3. 15. of the sacrament : For as well they might ad to the tenure of the Covenant as add to the seale whereby it is confirmed .

But the adding of the crosse in baptisme is an addition to the substance . Therfore it is not lawful for any to do it .

The assumption , or second proposition is proved thus .

To add a sacramental signe to the sacrament , is to add to the substance of it .

But the crosse in baptisme is made a sacramentall signe : signa ( saith S. Augustine ) cum adhibentur ad res sacras significandas sacramenta vocantur . Signes when they Aug. epist. 5. are used to signify Sacred things , are called Sacraments . But the crosse in baptisme is taken up to signifie a holy thing , namelie our constant profession in Christ , that we shall not be ashamed to confesse Christ The sacrament of baptisme robbed of his signification , and the same attributed to humane invention , viz. the Crosse . Aug. Epist. 119. c. 18. crucified and to fight under his banner &c.

And so by consequence , it is an addition or substance of a sacrament , which is utterly unlawful . Augustine shewes the care of the Church in his time this way : epi. ad Ianuar. where speaking of washing of feet which was used of some when they came to be baptized : Multi hoc in consuetudine recipere noluerunt , ne ad ipsum baptismi sacr. crederetur pertinere : nonnulli de consuetudine auferre non dubitarunt : Many would not receiue into use , and many tooke it away , where it was used , lest it should seeme to belong to the very Sacrament of Baptisme : So religiously carefull were they , lest they might seeme to make any addition to the sacrament .

1. Obiect . The Crosse in Baptisme is a most Answ. to the petition . p. 11. ancient ceremony .

Ans. To say it is ancient it is too much , but say it is most ancient is most untrue : Mea antiquitas est Iesus Christus : my antiquty Ign. epis. 6. is Iesus Christ ( saith Ignatius the blessed Martyr : ) Now who knows not , that to use no crosse in baptisme is more ancient then to use the crosse ? And therfore if the Lords rule may hold : ask & enquire for the Ier: 6. 16. old way for that is the good way : or that of Tertul. quodcunque primum , id utique verum . That which was frst , that is the truest ; it Tertull. de prescript . must needs bee better to baptize with no crosse , as Christ and his Disciples did , rather then with the crosse , as some haue done in later time .

But a little to search the antiquitie of it , we must first agree what crosse it is which wee so oppugne , and our brethren stand for . To crosse the water in baptisme ? or to crosse the child in baptisme . To crosse the water is superstitious ( though the Fathers liked it ) and therefore the Church of England hath removed it . To crosse the childe in baptisme hath not one authority in all antiquity that wee can read of . In Iustin Martyrs time there was no Iust. apol. . 2. Tertul. de coron. Milit. D. Rain . confer . p. 581. such thing . In Tertullians time , Christians began to Crosse themselues with the signe of the crosse , but it was not yet crept into the sacraments ( as a learned writer hath well observed ) for in his booke de Corona Militis , where he mentioneth other ceremonies that were used in baptisme , as milke , honey , &c. he makes no mention of the crosse . And lib. de Baptis . entreating professedly of this sacrament Tert. de bapt. and the ceremonies of it , he hath not one tittle of the crosse . In Chrysostomes time Chrys. hom. quod Christus sit Deus . the crosse was crept further ( as all superstition will winde up like Ivy ) In sacra mensa , &c. crux fulget : In the holy Supper the crosse appeares in his glory : but yet Aug lib. 1. confess . c. 11. & de symb . ad Cateches. l. 4. c. 10. it was not impressed in the foreheads of such as were baptised . In Augustines time the Catechumeni were signed with the signe of the crosse before baptisme , but no such signe was used when they came to be baptized ; and therefore unlesse better authority can be brought , then wee know of , or Popish Bellarmine either , Bellar. lib. 2. imag. c. 29. ( who hath raked all corners to helpe himselfe ) we thinke the crosse in baptisme will be faine to fetch his pedigree out of the Popes Masse booke , if happily it be able to deduce it thence .

2 Obj. We must needes haue some ceremonies in the administration of the Sacrament , why then not the crosse ?

Answ. We grant that some ceremonies may be used : but if all be used , why then not creame , oyle , salt , and spittle ? &c. Lumb . 4. dist. 3. for the Papists make but ceremonies of those . And therefore it doth not follow , some ceremonies may be used , therefore the crosse in baptisme may be used . It is evident then , that there must be a choyce . Well , let us see what must be the rule . The ceremonies that must be used , must haue three conditions .

1. They must be such as serue for comelinesse and order sake , as the Apostle saith , Let all things he done comely and in order . 1. Cor. 14. 40. But the crosse in baptisme is not such : for if it make a Decorum in the Sacrament , then Christ and his Apostles , and all the reformed Churches of Geneva , Scotland , France , Helvetia , Belgia , Poland , &c. that use it not , must commit an Indecorum , which were absurd to affirme . Thus Peter Pet. Mart. class. 4. c. 9. Martyr disputes against the schoolemen , who affirmed that the word and water Pet. Mar. clas. 4. c. 9. were of the essence of baptisme ; but the rest that were added , oyle , &c. did facere ad honestatem , & decorum Sacramenti , make to the honesting and adorning of the Sacrament . Admit this ( saith he ) then it will follow , that Iohn and Christ , and the Primitiue Church hath baptized indecently , disorderedly , &c. Quia eorum baptismus istis omnibus carebat : Because their baptisme wanted all these things .

2. The Ceremonies must not be scandalous and offensiue , especially to our 1. Cor. 10. 32. brethren , and to Gods Church , but the crosse is offensiue and scandalous both to other Churches that account it a prophanation Szedig . loc. comm. p. 169. of baptisme , and to godly and good men at home among our selues : yea M. Calfeild saith against the Papists , that to crosse with the finger is both an idle ceceremony and unlawfull to . Calf . in answ. Pet. Mart. loc cit. to the treatise of the crosse . art. 2 , p. 49.

3. They must not be idle and needlesse ceremonies , but to such onely , as be needfull . See the whole Senate of the Apostles conclude in their councell . It seemed good to the holy Ghost and to us to Act. 15. 28. lay no burthen upon you , praeter necessaria haec , beside these necessary things : but the crosse in baptisme is not necessarie either ad esse to the being , or bene esse , to the wel being of the Sacrament not ad esse , the very papists confesse : nor ad bene esse , because the Sacrament may be well enough Lumb . ut supra . without it , as the very booke confesseth in private baptisme where no crosse is used yet the minister is prescribed to say : I certifie you that ye haue done well , and according Common booke cap. of priuat bapt. to due order &c. though they haue not crossed .

Wherfore ( most Noble King ) 1. seing the crosse in baptisme is a departing from the plaine & simple institution of our Saviour Christ . 2. Seing it is thrust out of the other Sacrament to which it had as good right as to this . 3. Seing it was idolatrously abused in popery , & hath no necessary use now . 4. Seing it encroacheth upon the very substance of the Sacr. 5. Seing it is but a late device hatched by the Pope . 6. seing it is not a ceremonie pertaining to the decencie of a Sacrament . 7 seing it is scandalous and offensiue to many good Christians both preachers and people . Lastly seing it is an idle and needlesse ceremonie and so not warranted either in genere or in specie either in generall or in speciall termes ( as all the true worship of God must be ) we most humbly beseech Deu. 4. 2. & 5. 32. your highnesse in the loue you haue to preserue the Sacraments of the Lord Iesus in such puritie as he hath left them , that you will doe as good K. Ezekiah did who cleansed the house of God , and caried 2. Chr. 29. 16 out the filth of it into the brooke Cedron .

2 Against Interrogatories in Baptisme .

1. TO utter an untrueth in such a place , & in such a presence , & in such an action so serious cannot be but a great and greevous sin , according to that , thou hast not lied to men but to God . But to say , as the book prescribeth in the Act. 5. 4. Com. Book . cap. of Bapt. name and behalfe of the infant : that it beleeues al the articles of the faith , that it desires , to be baptized into the faith of Christ , is a great untrueth , because the little infant neither beleeueth , nor desireth any such like thing : Nay ( as Augustine saith ) Aug. Epist. cap. 7. quando ijs Christiana gratia subvenitur vocibus quibus possunt & motibus reluctantur ; they shew themselves unwilling to bee baptised .

Therefore to affirme this , It cannot be but a great and greevous sin .

2. That which giveth strength to errour and heresie in Christian wisdom ought to bee avoided according to that : non pones scandalum coram caeco . Thou shalt not put a stumbling-block before the blinde . Leu. 19. 14.

But to affirme that the child beleeveth all the articles of the Christian faith , is to giue strength to their errour that thinke Rom. 10. 17 Aug. ep. 57. children haue faith , which indeed they haue not , as both the Scripture sheweth , and the Fathers .

Therefore in Christian discretion and wisdom this occasion of errour is to be avoided .

3. If the Infant be to be baptized into Abraham circumcised his seruant as well as his sonnes . Gen. 17. 13. the faith of the parent , or of some , that will undertake to be as a parent to it , then it suffiseth the father or hee that will undertake to be as a parent , to make confession of his faith .

The Antecedent is true because as the covenant runnes soe runnes the seale of the couenant , but the couenant is made with the father in the faith of the father not with any relation to the faith of the child , as appeareth by that , I will bee thy Gen. 17. 7. God , and the God of thy seed . Therefore it is sufficient for the father , or he that will be in stead of the father , to make confession of his faith , because as the scriptures shew , it is the faith of the parents that brings the childe , within the compasse 1. Cor. 7. 14 of the covenant of grace .

Ob. The interrogatories be most ancient .

Answ. Antiquitie without verity is but vetustas erroris , oldnesse of errour , as Cyprian Cypri . ad Pomp. & lib. 2. ep. 3. speaketh , and again . Non debemus attendere quid aliquis ante nos faciendum putaverit , sed quid qui ante omnes est Christus prior fecerit , neque enim hominis consuetudinem sequi oportet , sed Dei veritatem : we are not to regard what any one hath thought good to do before us , but what Christ did first before all , neither should we follow the custom of men , but the trueth of God .

Oyle in baptisme is ancient as appears by Tertullian and Cyprian so is exufflation used of the Church , as Augustine speaks : Tert. de resus . Carn . Cyp. lib. 1. epist 22. Ang. lib 2. de imp. & corrup . c. 18. Ang. lib 1 de pecat . & remis . c. 24. Mald. in Ioh. toto orbe diffusa , in qua ubique omnes baptizandi infantuli exufflantur . And yet the Church of England for good cause hath refused both . In Augustines time and long before the Sacrament of the Lords Supper was giuen to Infants . Maldonatus the Iesuite confesseth it was so , and that with opinion of necessity that children perished that died without it . And yet the antiquitie of this cannot make it good , as being contrarie to the doctrine of Paul : Ergo , every thing that is ancient is not 1. Cor. 11. 28. therefore by and by currant .

2. It cannot be proved that the use of interrogatories is most ancient , we reade in scripture of interrogatories ministred to Act. 8. 37. Tert. de . spec. c. 4. such as were of years and discretion , as to the Eunuch . Si credis &c. Credo . If thou beleeuest , &c. I beleeue . And Tertul. saith : aquam ingressi Christianam fidem in suae legis verba profitemur renunciasse nos diabolo ore nostro contestamur . Being to be baptized , we professe the Christian faith according to the words of the law , we solemnely professe with our mouth , that we haue renounced the Divell . But of any Interrogatories that were ministred to Infants , we read not at all in the book of God .

3 , Though the Fathers mention this use , yet that many disliked it euen in their times appeareth by Tertullian himselfe , lib. de bape . who wisheth that infants may be kept till they can make their own answer , least we promise that for them which they wil neuer perform . And Boniface the BB. moues the doubt to Aug. & argues against it , when the Aug. epist. 23. witnesses say , the infant beleeues : dicunt eos facere &c. they say they do that which that age is not able to think . 2. If they do beleeue yet it is a thing unknown to us . 3. If a man should by and by ask the witnesses of the child whether it shall be a theef or no , they will answer they cannot tell , and if they cannot tell this , how can they tell , that it will beleeue . Augustine a man so learned that he could haue helped the cause , if there had been any helpe in it resolues the matter very weakly : habet fidem . .i. sacramentum fidei . the infant hath faith . Com. books c. of baptis . .i. hath the sacrament of faith : And yet by our booke , the witnesses are caused to say , it doth beleeue , and it hath faith before it hath the sacrament of faith : .i. the water of baptisme powred upon it . Therfore Bucer one of their own authors , better resolues the point , shewing that it is Buc. lib. 1. de reg. che . c. 5. fittest for those that be of yeares and discretion to make promise of obedience at the same time when they be baptised . But that children doe it after they haue been catechised and taught the doctrine of Christ : And so Szegedinus si baptizandus Szeg. de . bap. p. 167. est infans , nec fides , nec fidei confessio ab illo poscatur : absurdum enim est id requirere ab infante , quodnec Deus ipse ab illo requirit , nec ille per aetatem habere nec exprimere potest . Bez. in conf. c. 4. 48. Of the same iudgement is Beza .

Wherfore ( most noble King ) 1. Seing the interrogatories giue men occasion to utter an untrueth before the Lord . 2. Seing they giue strength to their errour that thinke children haue faith , which indeed they haue not . 3. Seeing the infant is not baptized into his own faith , but into the faith of his father or susceptor . 4. seing it is ridiculous to say , they do that which in the iudgment of any reasonable man they cannot doe . 5. seeing the first and best Churches knew them not . Lastly , seing those Churches that received them , yet had many learned and good men , that upon good grounds disliked them , we trust your Maiestie will establish that which shall bee more pleasing to God , and better liking to your best affected subiects .

3. Against confirmation .

1. WHere the gift is ceased there the ceremony and the signe must cease also as annoynting of the sicke used in the Apostles time is now ceased because the miraculous gift of healing is ceased , Iam. 1. 14. but the gift of giving the graces of the HOLIE GHOST , by imposition of hands is now ceased ; as Augustine saith : neque enim temporalibus & sensibilibus miraculis per manus impositionem Aug. lib. 3. de Bapt. c. 16. modo datur spiritus sanctus , sicut antea dabatur &c.

And therfore seing the miraculous gift is ceased , this kind of Imposition of hands which is the signe of it , must cease also : This is Chemnitions reason against the popish sacrament of confirmation , and so Chemnic . in exam. fid. de . confu . M. Calf . art. 4. treat . of . the crosse . likwise that learned man M. Calfield saith , Laying on of hands serued to good vse then when it pleased God at the instance of the Apostles prayers to conferre the visible graces of his spirit : But now there is no such ministrie in the Church : now that miracles be ceased to what end should we haue this imposition of hands , the signe without the thing .

2. To bring in a new sacrament , besyde those two which Iesus Christ hath ordayned , is utterly vnlawfull : But confirmation as it is prescribed by the booke is made a new sacrament beside those two which Iesus Christ ordained : therefore confirmation , as it is prescribed by the booke is utterlie unlawfull .

The assumption or second proposition is proued thus . That which is made an outward signe , and seale to assure of Gods loue and favour , that is made a sacrament in most proper sense , as both the scriptures shew and our own articles of religion defining Rom. 4. 11. Arti. relig. 25. the sacraments to be sure witnesses and effectuall signes of grace and of Gods goodwill to us : but the imposition of BB. hands is made a signe to assure us , of Common . booke c. of confirm . Gods favour and gracious goodnesse to us , ( so be the words of the book : ) therefore it is made a sacrament in most proper sense : But this is unlawfull : and therefore this kind of confirmation is unlawfull ; & yet the poore ministers of Christ , were urged and enioyned under most greevous penalties to subscribe to all .

3 That which is the generall duty of all the ministers of the Gospell ought not to be made the particular duty of some few of them .

But to confirme Christians in the faith of Christ is the generall duty of all the 2. Thess. 3. 2 Ezek: 34. 4 Eph. 4. 12. 13. Hier. ad . luci ministers of the Gospell : as appeareth by the Scriptures .

Therfore it ought not to be made the particular duty of some few of them . Hierome saith plainly of confirmation by BB. disce hanc obseruationem potius ad honorem esse sacerdocij quam ad legis necessiatem . Know that this order is rather for the honor of priesthood then necessity of Law .

Object . 1. It can not be amisse that BB. pray over the children .

Answ. 1. To thinke the BB. prayers be more holy then any other mans , is superstitious : the scriptures tell vs , that if any man be a worshipper of God , the Lord heareth Act. 9. 31 him , be he BB. or preacher . 2. they do not onely pray ouer them , but impose hands upon them , that by means therof they may com . book c. of Confir . receiue strength against all the tentations of sinne , which is to take that power to them which the Lord neuer gaue them , contrarie to that which is written : No Io. 3. 27. man can receiue any thing unlesse it bee given him from aboue .

Obj. It is meete that such as bee baptized make open profession of their faith , that it may appeare how they haue profited , and that they may be further confirmed therein .

Ans. All this may be done without any such ceremonie by diligent catechizing 1. Pet. 22. Act. 20. 32. and teaching in every congregation : and if there needed any confirmation who are more fit to do it , then the pastor of every congregation , who best knoweth the profiting of his sheep .

4. Against baptizing by women .

HEre we both agree in the doctrine that women ought not to baptize . Our brethren say , fieri non debuit ; women should not haue taken upon them Answ. to the petition . p. 11. s . 2. to baptize , but yet exception is taken to our speach .

Exception .

The book of common prayer doth not prescribe that baptisme should be administred Answ. ibid. by women .

Answ. Yea but if the booke permit it though it do not prescribe it , it is more then true divinitie will warrant . Now whether the booke seeme not to encline that way let it be considered by these reasons .

1. By the booke the Priests and Curats are commanded to warne the people , that without great necessity they baptize not children at home in their houses and when great need shall compell them so to doe , that then they minister it on this fashion .

2. This same they ( they that minister it ) is a relatiue ; therfore if they look back to to find the antecedent what will meete us , but ( they ) whom the Priests and Curats warned not to baptize their children at home : but they whom the Priests and Curats warned not to baptize their children at home , were the people , yea the vulgar people , not ministers : and therefore they that be permitted by the booke to baptize , bee the people , yea the vulgar people .

3. If the chyld liue it is to be brought to the church by order of the booke and there the minister is to examine who baptized it , which were a folly if the minister had done it himselfe , and further with what words it was baptized , which were as fond if it were baptized by an ordinary minister of our Church .

4. The booke prescribeth no more but that they that be present call uppon God and use the right forme N. I baptize thee &c. so that these two things bee observed by the midwife , or whosoeuer present , the minister is to certifie them by order of the booke , that they haue done well and according to due order .

5. The child is supposed by the booke to be baptized by such as happily knew not what they did in that great feare and trouble of mind , but such as be so greatly feared and troubled at such times be not the ministers who haue nothing to do in those actions but the wiues and such as be present at such times : therefore they bee not ministers , but the people yea the very women that bee permitted to baptise in such times of necessity .

Wherefore ( most noble king . ) Seeing the booke seemeth to carry this sense and Math. 28. 9. to warrant that which the word of Christ never approved : We most humbly entreat that it may bee either quite remooved , or better explained .

5. Against the Cap and Surplice .

1. THE Massing garments in poperie bee no fit garments for the ministers of the Gospell according to that charge of the Lord : you shall pollute Is. 30. 22. the coverings of the images and the rich ornaments , &c. and say unto it , get thee hence : and againe , hate even the garment spotted by the Iude. 21. flesh . Hence it was that Iacob when hee reformed the idolatrie of his houshould , Gen. 35. 2 : he made them also to change their garments .

But the surplice is one of the massing garments in poperie , as both the Protestants Fox . martir . p. 501. & 853 and popish writers shew . M. Fox for the Protestants , who declares , that when a Popish Priest was to bee degraded they took away the surplice from him , as one of his priestly garments . For the Papists , Innocentius and Durandus , who bring in the popish Priest so apparelled to his Innoc. myst . miss. lib. 1. c. 10. Duran . lib. 3. c. 1. in rationall . Masse : therefore it is no fit garment for the ministers of the Gospell . Tertullian confirmes this reason , shewing that Christians ought not in outward things to conforme themselues unto Idolaters , no not in wearing a garland of flowres : Nihil ( saith he ) dandum est Idolo , sic nec sumendum ab Idolo , si in Idoleio recumbere Tertul. de . corou . milit. alienum est à fide , quid ni Idolei habitu videre ? &c. Nothing is to be given to the Idol , so neither to be taken from the Idol : if to sit down in the Idol-temple be strange from the faith , why not to bee seen in the Idols habit ?

2 That simplicity and plainnesse which Christ and the Apostles , and the Fathers in the best time of the Church used is fittest and meetest for the ministers of Christ , according to that , From the beginning it was not so , where our Saviour Mat. 19. 8. Christ teacheth us to reduce and bring things backe to their first originall .

But our Saviour Christ and the Apostles , and the Fathers in the best and purest times of the Church , had neither cap nor surplice to minister in :

Therfore that ancient use is fittest to be retained still : That Christ and his Apostles Luc. 4. 16. had no ministring garments , it appeareth Luk. 4. where our Saviour Christ entred into the Synagogue , and stood up to read , the minister brought him not a surplice , but a book . And when Paul and Barnabas entred into the Synagogue , and Act. 13. 36. the Ruler sent to them to preach , they stood up without any more ado . P. Martyr Pet. Mart. clas. 4. c. 1. is cleere for this : Papists ( saith hee ) despise us , because wee haue no priestly garments , when Christ & his Apostles had none neither . So likewise Epi. ad Hooper , Defence of Apol. p. 401 Walfr . de exord . & in ca. Eccles. c. 24 B. Iewel brings authorities to proue it , Walafridus and others , to shew that the Massing garments came in by little and little : So at first men celebrated in common apparrell , as certaine of the East Churches are said to doe at this day . M. Fox Mart. p. 5. Fox likewise saith , That in the Apostles time little regard was had of dayes , or meates , or apparrell , &c. And therefore seeing Christ used no distinction of apparell , herein wee desire but to bee like our master .

3. That which doth not add grace and comelinesse to the ministery of the Gospell , but maketh it ridiculous , is to be removed : But so do the Cap and Surplice ; it makes the minister of the Gospell ridiculous : for first it brings him in like a Popish priest . Elias was known to be a 2. King . 1. 8. Prophet because he went like a Prophet , i. in a Prophets garment : so if men would haue the people take us for Ministers of the Gospell , why bee wee still apparrelled like Popish priests . Secondly , this kinde of white apparrell is now grown into disgrace in our Churches , because none but harlots that doe penance , come so attired into the congregation , and therefore seeing the surplice doth not add any grace unto the Minister of the Gospell , but maketh him ridiculous , it is therefore cleare that it is to be removed .

4 That kinde of garment which procureth scruple of conscience to divers that weare it , offence to many good Christians that behold it , comfort to the Papists that loue it , losse to the Church of the labours of many worthy men , ought not to be used .

But such is the surplice , as daily experience teacheth . Therfore it is not to be used

1. Obj. To leaue every man to his owne Answ. to the Petit. p. 11. sect. 3. liberty implies confusion .

Answ. No confusion at all : for if our brethren will hold them to their owne grounds , if the surplice be not urged by Princely authority , they may not use it : for when the learned man whom they tearme T. C. had demanded why the Bishop Thomas Cartwright . Synod . Loud . anno 1571. cap. de Decanis . Doct. Whit. p. 283. in the Synod Anno 1571. had taken away the gray Amice , as a garment spotted with superstition , and left the surplice which had been more filthily abused in Popery , the Reuerend Archbishop replies , that the Bishop took it away because it was not established by any law of this land . And sith herein in our mind the Bishop did well in it , that they will not suffer any rite or ornament to be used in this Church , but such onely as are by publike authority established , and therefore as we say , if they will sticke to their owne grounds , if the king do not urge the surplice by law , they must not use it .

2. Obj. Doe not their own words import , Answ. to the petit . p. 11. that they may bee well used so they bee not urged .

Answ. 1. That they may be used is one thing , that they may be well used is another . Many things may bee tolerated , which cannot be iustified . 2. The consequent is not good : for if they be not urged by authority , then they may not bee used , as before is shewed .

3. Obj. What is there in the Cap or Surplice Answ. ibid. that should offend any man of iudgement ? Bucer , P. Martyr , Augustine , Calvin .

Answ. Then be like our brethren take all that be offended at the surplice to bee men of no iudgement . Rev. Iewel , a man as of more learning , so of more modestie Defence Apol p. 399. & loue , confesseth that there were godly learned men that refused the apparell and that they had their grounds , and reasons from authoritie to do so : and our present Arch. BB. professeth there were some that never received the apparell , whom ( saith ibid. p. 400. Doct. Whit. pag. 289. he ) I for my part haue alwayes reverenced , and do reverence not onely for their singular vertue and learning ; but for their modestie also . Peter Martyr their own author , Pet. Mart. ep. 3. amico cuidam . resolveth , that though the surplice may bee tolerated till things become to some stay , yet it were much better that it were removed : I ( saith he ) writing to a friend in England ) thinke as you doe , that these things being indifferent of themselues make not a man either good or bad , but as you also thinke , so I thinke it more convenient , that that garment , and many things of that kind , cum fieri commode , poterit auferuntur . i. that when conveniently it may bee done they be removed : & in the same epistle here quoted , I like well ( saith he ) if you desire that Christian religion should aspire again to chaste & simple purenesse : for what should all godly men more wish for : and to speak of my selfe , I hardly suffer my selfe to be drawn from that simple & pure use , which we all long used at Strasburgh , where difference of apparell in regard of the ministrie was taken away , that manner as being the plainer , and especially savouring of the Apostolike Churches : I haue alwayes approved above all others , and I pray God that it may be long continued there , and wheresoever the Church of Christ is restored , it may at length be received : and therfore if the matter may passe upon this worthy mans verdict , we shall soone agree .

Hemingius shewes , that the ministers Clas. 3. c. 16 of the Gospell in these parts utterly refused the surplice , because although the thing in it selfe were indifferent , yet the abominable abuse of it in popery had made it not indifferent .

Osiander speaking of popish garments Cent. 3. lib. 3. c. 14. brought in by a false decree of Steuen , Quod ( saith he ) profecto nihil aliud est , quam umbras leviticas in clara luce Evangelij in Ecclesiam stulte reducere , et ex Christianis hac quidem in parte Iudaeos facere . Which in truth is nothing else then to bring into the Church shadows in the cleare light of the Gospell , and to make in this respect of Christians Iewes . As for Augustine and Calvin they onely affirme against the Anabaptists , and their like , that some things used by idolators and heathens may be used of Christians , namely such things as haue a necessarie and honest use , as wee may use the same Churches , Bels , pulpits , that were used in popery , but to infer of this , that therefore we may use the Surplice , is as weak a reason , as if a man should gather that therfore we may use all the other trash , Augustine resolueth well : Egiptij ( saith he ) they had Aug. l. 2. de Doct. Christ . cap. 40. their idola & onera their idols and their burthens . And they had also vasa & ornamenta vessels & ornaments of gold , silver . &c. The I sraelits abhorred their Idols and their burthens , but their vessels and their ornaments of gold and siluer they turned to a better use : he shews his meaning after , that Idolaters and heathens haue some profitable , and good things , and those we may use ; and they haue some Idolatrous and burthenous things , and those we may not use , in which number because the surplice is , therefore by S. Augustine rule , we may not use it .

Wherefore ( most noble king ) seing the surplice is one of the massing garments in popery , an habit not beseeming the Ministers of the Gospell . 2. seing Christ and his Apostles and the Fathers in the better times of the Church made no distinction in apparrell . 3. Seeing it doth not grace the ministery , but make it ridiculous to the people . 4. Seeing it offendeth the Protestant , and giues hart unto the Papist . 5. Seeing the gray Amice and other Popish garments are gone that could haue made as good a plea for themselues as the Surplice can . 6. Seeing men of excellent learning and iudgement , in sundry Christian kingdomes reformed , haue disliked it as comming too neere to the Popish fashion : wee trust your Princely Maiesty tendring the distresse of your Preachers , the peace of the Church , and the edification of your people , will remoue this stumbling-block , that a number of faithfull and good labourers either extruded or discouraged by such occasions , may returne againe unto the Lords worke .

6 For examination before the communion .

THat examination say they ) where need Answ. to the petit . p. 11. is , should goe before the communion , who disliketh ? And to haue it where no need is , who requireth ? Therefore let vs rest in this : not so neither , but two exceptions be taken to our speech .

Except . 1. That none should be admitted Answ. ibid. to the blessed Sacrament , of what state or condition soever he be , except they were first examined , were iniurious , &c.

Answ. Then this is our brethrens meaning , that though there bee need , yet if he be an old man , or a man of any wealth or account , though there be need , and the man never so ignorant , blockish , and prophane , yet it is iniurious & inconvenient to take any tryall of him ; as if a man because he is old , or rich , or beareth some sway , may therefore come still to his iudgement , or as if we could be so excused 1. Cor. 11. 29. Mat. 24. 45 before God for giving the bread of the houshold to such as in our conscience and knowledge belong not to it , onely because they are old and rich . Our master chargeth us without distinction , Mat. 7. 6. Giue not that which is holy unto Dogges . Chrysostom hath a goodly saying : If ( saith Chris . hom. 83. in Mat. he ) the keeping of a most cleare and sweete fountaine were committed to thee for thy sheep to drinke at , and a sort of swine should come to puddle it , and to foule it with their feet , wouldst not thou restrain them ? wouldst thou suffer them to discend into it ? Behold , not a fountaine of water , but a fountaine of the bloud & of the Spirit of Christ , is comitted to thy keeping , and wilt thou suffer wicked & vile sinners to descend into it & pollute it ? And so he concludes : If thou darest not prohibit the unworthy , Dicito mihi , &c. sanguinem meum profundi potius patiar , quam ●● the place . sacratissimum illum sanguinem praeterquam digno concedam . I had rather suffer mine own bloud to be powred out , then that most holy bloud of Christ should bee given to any unworthy person . Bucer doth much complaine of the neglect of this , that some lib. 1. de regn. Christ . c. 4. ministers will let all come to avoyd their owne trouble , &c. The place is worth reading : yea , our owne Bishops haue decreed speaking of the minister , Ad mysteriorum Synod . Lond an. 1571. cap. cancal . communionem neminem admittet , qui catechismum & articulos fidei non didicerit . He shall admit none to the partaking of these mysteries , &c. which hath not learned the Catechisme and Articles of faith . And again , in catechismo instituant , & omnes suos omnium aetatum atque ordinum non tantum puellas & pueros , sed etiam si opus est grandiores . Let them instruct in the catechisme all theirs , of all ages and degrees , not onely boyes and girles , but even the elder sort also if there be need .

2. Except . To examine every man , &c. Answ. to the petit p. 12. sect. 4. after the Consistorian fashion , were insolent .

Answ. Surely too many of us be too well acquainted with the Consistory fashion , and we thinke it a proud fashion indeed , to bring our deere brethren , redeemed with the pretious price of the blood of Christ , and borne continually in the hands of Angels to stand like poore prisoners at the barre as some haue done , for the omitting the crosse and surplice . Nay , God forbid , let it be farre from the soule , and from the thought of every one of us : we will be the servants of the Church , and as Abigail said , so wee 2. Cor. 4. 5. 1. Sam. 25. 41. Ioh. 13. 14. say in the humility of our hearts , that we will bee ready to stoope downe to wash the feet of the meanest seruant of our Lord and Master . Wherefore to thinke that because that which wee moue for , may not be done in pride , in insolencie , with contempt of our brethren , that therfore it may not be done at all , no not in humility , in meeknesse , in tendernesse , and loue , is to reason as if men had made a fray with their wits .

And therefore seeing the matter is confessed to be needfull , and exceptions to the manner are found to be frivoulous , we most humbly entreat your most excellent Maiesty that Pastors may be charged to examine their people before they come to the communion , & so to prepare them to come with comfort , as the Leuits in the 2. Chr. 35. 6 Law sanctified & prepared their brethren .

7. For a Sermon before the Communion .

HErein also we both consent , unlesse Answ. to the petiT . p. 11. sect. 4. our brethren deceiue us with ambiguous words no body say they disliketh , that it bee ministred with a sermon , yet here also two exceptions are taken .

1. Exc. It is absurd to think it should not be Answ. ibid. ministred without a sermon , and hath bred in many a vaine and false opinion as if not the word of Christs institution , but rather the word of the ministers exposition were a necessary and essentiall part of the Communion .

Answ. The ignorance of our people considered , the shortnesse of mens memories especially in good matters , the deadnes & coldnesse of the greatest part , unlesse they haue some good means to stir them up , and even as it were to carrie and beare up their harts to God , it is not only convenient , but very expedient , yea and necessary too , if possibly it may be , that at every communion there should bee a sermon , there is not a better time to worke upon a people , then when the ground is , as we may say , ready to eate up the seed from the hand of the sower : this is that which S. Paul speakes of , to preach in season 2. Tim. 4. 1 and that which our Lord commends to giue the portion of meate in fit time . This was the practise of Iohn Baptist , of Christ Mat. 24. 45 Mar. 14. Mat. 28. 19 Act. 2. 22. & 20. 7. and the Apostles who continually ioyned the word and the Sacraments together . It is true , it may be a true sacrament without a sermon at the instant , because the Sacraments doe not onely seale that which we learne then , but all the mercifull and good promises of life and grace which we haue heard before ; yet because the Sacrament Rom. 4. 11. is more fruitfull and effectuall unto us , when it hath the ministery of the word annexed to quicken it , and to giue life to it , by renewing the promises of God , and stirring us up to lay hands upon them .

Therefore in consideration hereof , it is earnestly to be wished that the word and the Sacraments may still go hand in hand together . We hope , nay we know Vniversity men bee not to learne to know , That aliud est sacramentum aliud est vis sacramenti . The sacrament is one thing and the vertue of the sacrament is another . Or as Augustine speakes in another Aug. tract. 26. in Ioan. & lib. 4 de Bapt. c. 17. place : Aliud est habere , aliud est utiliter habere . And therefore though it be a sacrament without a sermon , yet the preaching of the word makes it a more profitable sacrament , more fruitfull and more effectuall to the receivers .

Except . He that readeth our Communion Answ. to the petit . p. 11. sect. 4. booke shall see that therein the whole manner , end and use of that holy institution is so excellently described as may be in stead of many sermons .

Answ. That which was reached us with the right hand , is here pulled away from us with the left . The communion booke ( say they ) may be insteed of many sermons . The learnedst divines in this Land ( and wee ( as they say , ) haue the best in Christendome , ) can preach but one sermon at once , and therefore if this be so that the booke may be in stead of many sermons the dumb minister with his Communion booke shall bee better able to prepare a people for the Sacrament , the the learnedst divine in all Christendom with his sermon . And is not this goodly stuffe . Our Reuerent Bishops as it seems , were not so deeply conceited of the booke and therefore they decreed in their Synode : si tempore sacrae communionis Synod . Lond. anno 1571. nulla erit concio de scripto & è pulpito , pronuntiabit unam aliquam ex homilijs &c. here there must bee a sermon or an homily to helpe out the booke , a sermon , if it may bee : and therefore in the iudgement of these learned men , the booke may not suffice in stead of many sermons . Godly Bucer one of their owne authors would Bucer de reg. Christ . l. 3. c. 7. p. 57. haue King Edward establish it as a Lawe in this Land , that before the communion the Scripture be not onely read , but also expounded to the people : and sure ( as we take it ) there is reason for it , for howsoever there be some good things in the booke , yet they may not bee matched with preaching . 1. because preaching is the most effectuall means whereby God worketh conversion in his people , as the Apostle saith : It pleased God through 1. Cor. 1. 21 the foolishnesse of preaching to saue the beleevers . 2. The doctrine of the booke is alwayes one and the same , but the doctrine Mat. 15. 39 of the preacher , may bee varied . The doctrine of the booke is generall , but the doctrine of the preacher may bee fitted 2. Tim. 2. 15. in particular , as hee sees occasion : and therefore howsoeuer the booke may be good , yet in the iudgement of any reasonable man , preaching must needs be better .

Wherfore ( most noble king ) we trust your highnesse so well acquainted with the wayes of God , and all the means of life and comfort , will establish that , which in the iudgement of any feeling Christian , is the fittest .

8 , Against the name of Priests ,

1. THat distinction which the holy Ghost hath constantly retained in all the new Testament between the Priests of the law and the ministers of the Gospel , that distinction must we retain if we will speak the language of Canaan , and Esay . 19. 18 Neh. 13. 24. not as the children did in Nehemias time halfe in the speech of Ashdod and halfe in the language of the Iewes .

But the holy Ghost hath constantly retained this distinction in all the new Testament between the Priests of the Law , and the ministers of the Gospell .

Therefore if we will speake as the holy Ghost hath taught us , we must retaine this distinction .

The assumption or second proposition hath all authoritie to confirme it . 1. the Phil. 1. 1. Ex. 4. 11. Doct. Fulk . answ. to the hand . c. 6. Scripture it selfe . 2. the iudgement of our best divines . Doctor Fulke , because ( saith he ) the Scriptures calleth the ministers of the new Testament by divers other names of 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , ( Priests ) wee thought it necessary to observe that distinction , which wee see the holy Ghost hath so precisely observed . And again shewing why the ministers of the Gospell be neuer called Priests in any one translation of our Bibles : It is reason ( saith he ) we should retaine that disserence of names of the ibid. ministers of both the Testaments , which the holy Ghost doth alwayes obserue . Doctor D. Whit. against . Reyn. c. 4. 199. Whitakers saith , Christ committed his Church to be ruled by Pastors , and Bishops for ever , and not to Priests . And after : whereas their office is declared diversly in great variety of names , yet is this name of Priests never once given them in any Gospell , Epistle , or booke of the new Testament . D. Reynolds saith , Seing our language doth D. Reynold cons . Hart. p. 538. meane by priests , sacrificers , which in the Apostles language are called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 and they neuer gaue the name 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 to the Pastors of the Christian Church , it followeth that they gaue them not the name of Priests .

3. The papists themselves confesse , yea Ballar . l. 3. de Rom. Pont. c. 18. Bellar. sayth Apostoli in scripturis nunquam vocant sacerdotes Christianos , sacerdotes : sed solum Episcopos & presbyteros . The Apostles in the scriptuers neuer call Christian Priests by the name of priests , but onely by the name of bishops and Presbytrs or Eders . And elswhere Lib. 3. de sanct. invoc . cap. 4 he giues the reason to be this , to distinguish them from the Leviticall preists , and therefore seing the holie ghost hath constantlie kept this distinction of names between the Priests of the Law and the ministers of the Gospel we may not confound them .

2. The Royalties of our Lord Iesus Esay . 42. 8. both in his offices , and in his titles are to be preserved whole and intire to him upon which no man without the Lords own grant may presume to enter .

But it is one of the royalties of our Lord Iesus to bee the sole and the onely Priest of the new Testament , and so to be termed according to that : hee holdeth Heb. 7. 24. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . i. such priesthood , as can not passe to another , either for name or nature , so that Augustine : saith Aug. lib. de conf. Evang. cap. 3. D. Whit. against Reyn. c. 4. p. 42. well : Dominus Iesus Christus unus verus Rex , & unus verus sacerdos . The Lord Iesus Christ is only true king , and onely true Priest And D. Whitakers : Christ hath 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . i. such a Priesthood as cannot passe to another , but abideth onely with himselfe , whereof it doth invincibly and necessarily ensue , that the onely Priest of the new Testament is Iesus Christ .

Therefore this being one of the Royalties of our Lord Iesus ought to be preserned whole and entyre to him .

3. Where there is a distinction in the things there must also bee a distinction in the names according to that of Tertul. fides nominum , salus est proprietatum : to keep De carn. Chr. p. 19. the names right , is a good means to keep the things right .

But there is a large and a wide distinction betweene the callings and the functions of the ministers of the Gosspell , and the popish Priests . Therefore there ought also to be a distinction in their names .

This reason Doctor Fulk presseth , against the Papists , seeing the holy Ghost had made such a broad difference betweene the D. Fulk . ans. to Hard. c. 6 names , and offices of the Priests of the Law and the ministers of the Gospell : those ancient Fathers that confounded those names , which the spirit of God will haue to bee distinct cannot bee excused .

4. The name of priest in our Language is appropriated to signifie no thing but a sacrificer : so our best writers affirm : Tindall , Tynd. of the obed. of Chr. Fulk . loc. cit. D. Fulke : [ the name of Priest is commonly taken to signifie a sacrificer which is 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , in greeke , and Sacerdos in Latine : By which names the ministers of the Gospel , are never called by the holy Ghost : ] so Doctor Reynolds : the custome of our English Reyn. loc. cit. speech hath made the name of Priests proper to a man appoynted to sacrifice : But the ministers of the Gospell cannot truely be Heb. 10. 10 called sacrificers , because they haue no body and outward sacrifice to offer . Therefore they cannot in true sense bee called Priests .

5. To call the ministers of the Gospell by such a name , as is never read in the new Testament , is to put a scruple into the peoples heads , that our calling and office hath no ground , nor warrant in the word of God .

But to call them by the name of Priests is to call them by such a name , as is never read in the new Testament , in this sense as hath been shewed .

Therefore to call them by this name is to put a scruple into the peoples heads that our calling and office hath no ground in the word of God . But this we may not , Ergo.

1. Obiect . Es. 66. 21. where the Geneva Answ. to the petition p. 12. sect. 5. note doth shew that the ministers of the new Testament , are to be termed Priests .

Answ. Wee had need make much of this Scripture : it is the onely place , that is alleadged in all the booke in any matter of question : the very same prophet would haue taught them better : ad legem & testimonium &c. But to the point : Esay doth not say they shall be called Priests , Esay . 8. 20. but they shall be taken 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . i. into the place , and into the roome of Priests . i. to execute the same office and ministerie of teaching and preaching in the new Testament , that the legall Priests did in the old : for nothing is more usuall in the Prophets then figuratly under terms of the legal service Deut. 33. 10 to set out the service and worship that was to be used in the Gospel , as ibid. there shal be an altar of the Lord in the midst of the land of Egipt , & yet we may not gather Esay 19. 19 thence ( as our brethrens logick will infer ) that therefore the Lords table must be called an Altar , and not a Table , there be infinite examples to this effect . Now that Esay speakes not of the name of Priests , 1. Cor. 10. 21. may appeare thus : 1. Esay speaks of Luke and Timothy , and Titus , the first preachers of the Gentiles : so saith the Geneva note which is alledged . But they as we heard before , were never called Priests . Therefore Esay doth not here speake of the name of Priests . 2. If our brethrens sence be good , then the Ministers of the Gospell may well be called Sacerdotes , Sacrificers , D. Fulk ans. to Hard. c. 5. for so is the Hebrew , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : the Greeke 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . But thus they may not be called , therefore this cannot be the sence . 3. If by this place of Esay the preachers of the Gospell may be called Priests , then by the same reason they may bee called Levits : for the words be thus : Of them I will take for Priests and Levits . But this were too too Iewish , and therefore as we said , Esay onely meanes , they shall haue the same place and office in the teaching of the Gospell , that the Priests and the Levits had in the teaching of the Law : and this also is the plaine meaning of the Geneva note .

2. Obj. These tearmes be iustified by divers pag. 12. s . 5. of our learned Divines .

Answ. Our best learned Divines are so farre from iustifying them , that they condemne them . D. Reynolds saith , Sith Conf. c. 8. s . 5. p. 619. the name of Priests haue relation to Sacrifice , &c. the charge of the Lord not to lay a stumbling-blocke , might haue remoued that name from the ministers of the Gospell , as the name of My Baal , Hos. 2. 16. with him our learned men consent , D. Fulke , Whitakers , and the rest : yea some of us can remember since that Reverend In Act. 14. in Test . Rhem. Whit. ut sup. Father D. Heton , being then Vicechauncellor of Oxford , two Iesuits were brought to the Assizes to bee arraigned for treason : the Doctor being requested by the honourable Bench to speak something to them , stood up and demanded of the Iesuits what they were : They answered , that they were Priests . Why , said he , there be but two approved orders of Priests that I can read of in the Scriptures , the order of Aaron , and the order of Melchisedecke : I pray you of what order are you Priests ? After some pause , one of them answered , they were Priests after the order of Melchisedeck . Nay ( said the Doctor ) that yee be not ; for Melchisedeck had neither beginning of his dayes , nor end of his life : but you both haue had a beginning of your dayes , and I beleeue shortly for your treason will haue an end of your liues also ; and therefore yee cannot be Priests after that order . With this the poore Priests were dasht : the people laughed , and the Doctor was much commended . And if the new Vicechauncellour haue found out a third kinde of priesthood , which the old Vice-chancellour never heard of , they may do well to enforme him of it at their leasure : for our parts we must assent unto the Doctor , that there be no other priests approved in the word of God , but after one of these two orders , and therefore the Ministers of the Church of England being priests after neither order , must leaue the priesthood of the new Testament solely and entirely to the Son of God , and content themselues with those titles and names of Pastors , Preachers , Ministers , Elders , &c. wherewith the wisedome of the Holy Ghost hath endowed them .

3. Obiect . A Priest comes of presbyter : But the ministers of the Gospell are called presbyteri . Ergo they may be called Priests :

Answ. We hope men are not to learn now that words are not to bee taken according to their derivation , but according to their use , for an Idiot in our speech commeth from 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : And yet he that should say the Apostles might be well termed Idiotes because they are called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , would prooue himselfe little Act. 4. 13. Col. 1. 1. lesse : so likewise a frier comes of frater , And yet he that should argue that therefore the ministers of the Gospell may bee called friers because they are called fratres , should make but a frier-like conclusion . Thomas Aquinas might haue taught Aquin. 22. qu. 91. art. 1. 2. men this , that aliud est etymologia nominis aliud est significatio . The derivation of a name is one thing and the signification another , yea Aristotle can shew us that verba significant ad placitum . i. they signifie not of Arist. peripa - 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . lib. 1. themselves , but accordingly as people consent and agree to use them , but the name of Priest by common use of our people , is taken up to signifie a sacrificer , ut supra . And therefore wee say of the name of Priests , as Augustine saith of the name of fatum which some expounded in a good Aug. lib. 5. de civ . Dei . c. 1. sense , sententiam teneat , linguam corrigat . Let him hold his meaning , but let him mend his speech . Wherefore ( most oble King ) 1. seing the holy Ghost , who should be the framer of a Christians tongue hath kept a continuall distinction between the Priests of the Law and the ministers of the Gospell . 2. seeing it is one of the royalties of the sonne of God to bee accounted , and so called the onely Priest of the new Testament . 3. seeing in our office and ministery wee quite differ from the popish Priests and so should differ in our names also . 4. seeing the name of a Priest in our language imports a sacrificer , which no man of iudgement will say is a fit name for a minister of the Gospell . 5. seeing it leaues a scruple in the peoples heads . 6. seeing the soundest and the best divines in the land haue disliked the title . We therefore beseech your most excellent Majesty to take away the Popes liverie from us , and to bestow upon us by your princely lawes those names and titles , which the holy Ghost in great wisdom hath assigned us . No doubt but to be continuall looking glasses and remembrances of our duty .

Against the Ring in Marriage .

THat there may be a civill use of the ring in Marriage wee make no question : good divines approue it . At Buc. loc. cit. Szeg. loc. com . p. 174. Pisc . ib Mat. 23. 17. Nic. ad resp. Bul. c. 30. q. 5. first it was used in the matrimoniall contract , as appeareth by that in the decrees : postquam arrhis sponsam sibi sponsus per digitum fidei annulo insignitum despōderit &c. aut mox aut apto tempore &c. ambo ad nuptialia foedera perducantur . After that in pledge the bridegroom haue espoused unto himselfe the bride , by putting upon her finger the ring of promise &c. either immediately after , or in convenient time , let them both be brought forth to the marriage bond . And if it had been so used still , we know no body that would haue disliked it , but to bring every humane invention into the Church of God and there , to offer it up to God in prayer , maketh us to renew that complaint of Aug. ep. 119 ad Ianuar. Augustine . Ipsam religionem , quam paucissimis celebrationem sacramentis misericordia Dei liberam esse voluit , servilibus oneribus ita premunt , ut tolerabilior sit conditio Iudaeorum , &c. That religion which God in mercy would haue to bee celebrated in a very few Sacraments , they so loaden with seruile burthens , as that the condition of the Iewes is more tolerable .

Beside the words that bee used with it be so strange in our language , ( with this ring I the wed , with my body I thee worship ) &c. that no man can make any sense of them in true congruitie , and though happily there may bee some far fetched meaning of the words , yet there is not one of a thousand among our people , that understands the meaning thereof : and who willingly in an action so frequent & of that moment will make people speake so , as the one shall not understand the other .

10. Against longsomnesse of Service .

THat which serveth to the most edification and building up of the people of God , that must especiallie be 1 Cor. 14. 4 , 5. Act. 20. 32. Eph. 4. 12. regarded in the Church assemblies . But preaching doth much more edifie and build vp the people of God , then this same long seruice .

Therefore it must rather bee respected . Ambrose sayd well vpon these words : let Ambr. in 1. Cor. 14 them speake by two or three , viz. Ne occuparent diem linguis loquentes & eorum interpretes , & non haberent tempus prophetae Scripturas discernendi , qui sunt totias Eccl. illuminatores . Let not them speak witb tongs , and their interpreters take up the day , so that the Prophets which are the light of the whole Church haue no time to open the Scriptures .

2. It is a rule in divinitie that of two good duties , if a man cannot doe both in Math. 12. 7 christian wisdome , he must do the better : So the Lord sayth : I will haue mercie and not sacrifice : And the Apostle sayth : Christ 1. Cor. 1. 17. sent me not to baptize , but to preach .

Now which of these two is the better ( we meane not in it self , but in regard of the edification of Gods Church ) Let the scriptures decide : Come , let us go up to house of the Lord . And for what especially , Is. 2. 3 and cheiflie ? Ipse docebit nos vias suas , the especial end is to know the wayes of God . Bucer vpon these words sayth : Precipuum opus indicatur veri christiani coetus sincera Lib. 1. de reg Christ . c. 3. doctrina & eius prompta obedientia . The principall work of the true Christian congregation is noted to be sincere doctrine & the ready obedience thereof . See Gratians glosse Grat. 1. 9. 1. sect. Interrogo .

Therefore seing preaching is the better , when a man either through weaknes of body , or want of tyme cannot do both , wee take him bound to doe the better .i. to preach to the people .

3. That which maketh the minister vnfitt to preach and the people vnfit to heare is to be amended . But so doth the Opus tripart . lib. 3. c. 1. same long and tedious service , opus tripart . In many Churches they read so long , as scarsely any heareth all , and if any stay there they commonly fall a sleepe : bonum ergo fuit , ut ita temperatae lectiones legantur in matutini , ut fragilitas humana prae taedio non recedat . Synod . It was good , that the lessons should be read in that order in morning prayer , that mens frailty bee not wearied with Synod . Ang. c. 8. the tediousnesse . Augustine saith : ut nimia festinatio in missae lectione religiosas aures offendit , ita incongrua prolixitas fastidium generat , me diocritatem igitur commendamus . As the hudling in reading the masse offendeth the ears , so excessiue tediousnesse is irckesome , whereas a mean between botb is commendable .

Therefore this abuse ought to bee amended .

1. Obiect . This well befits these mens great devotion .

Answ. If this argue want of devotion Answ. to the pet. p. 12. sect 6. in us , to abridge the longsomnesse of Church service for preaching , then surely the Doctors and Proctors and heads of houses in Oxford want devotion among whom no thing is more usuall in their Colledges , then to abridge the prayers to go to S. Maries to the sermon .

2. Againe , this is such divinity , as we never heard of to place all devotion in long prayer : the Pharisees were Luc. 21. 47 Aug. de heres c. 57. Math. 6. 9. of this mynd , and Enchits of old , and the Monks , and friers of late ; But our Saviour Christ belike measured devotion by some other rule , who taught his disciples so short a prayer . The humble publican said Luc. 11. 13 no more but this , God bee mercifull to mee a sinner . Platina writes of the Apostles that they did consecrare ad solam dominicam So Gregor. lib. 7. epist. 63. orationem : he means they had no other set prayer : then the Lords prayer . What shall we think they wanted devotion also Augustine writes of the religious men in Egipt : dicuntur fraters in Egipto crebras quidem Epist. 121. habere orationes , sed eas tamen brovissimas & raptim quodammodo iaculatas . The Religious men in Egipt are sayd to haue frequent prayers but the same very short , and as it were by sudden ejaculations . This we speak Ast. 13. 15. On S. Michaels day the epist. is Rev. 12. 7. there was a batell in heaven Michael &c. as if this Michael fighing for the church were not Christ . but an Angell . p. 12. s . 7. not to condemne long prayer when occasion serveth . but to shew , that even they that use shorter praiers may be devout . 3. Beside all that we desire to be abridged , is not prayer , but a number of Scriptures unhandsomly shredded and pared from the rest , many times neither fitly sorted , as the lectures of the law and Prophets were , nor truly applied to the present purpose .

2. Obiect . Some of these preachers spend almost an boure in senslesse , and inconsequent prayer .

Answ. 1. If devotion be measured by our bretherns rule , then belyke those men be full of devotion , for they pray long .

2. If some spend the time in sencelesse and inconsequent prayer , what doth this preiudice those faithfull and good teachers , that spend it better ?

3. Obj. From this dislyke of all set and stinted frome of prayer &c. Ibid.

Ans. Doe the Petitioners dislyke all set and stinted forme of prayer ? doe they Vntruths diuerse . condemne the saying of the Lords prayer ? doe they refuse to vse it ? who told them so ? In the beginning of their booke they say , wee maske vnder vnknowne names , and yet now they can tell that we dislyke all set & stinted form of prayer , that some of vs omit the Lords prayer , and some of vs refuse to vse it ; these be the strangest men wee haue heard of , who though they know not a man , nor his dwelling , nor his country , yet they can tell what prayers he vseth in his Church . Nay they can tell his secret thoughts , that though he vse the comunion book , yet he disliketh all set and stinted kind of prayers . But that our brethren would willingly blindfould themselues to traduce us : they might haue well conceived by our words , that wee dislike not all kind of set prayer , because we desire not to haue the service removed but to haue it abridged .

Wherefore ( most noble King , ) 1. seing preaching serveth most to the edification of the Church . 2. Seing when both cannot be done , the long prayer , and the preaching , it is Christian wisdom to do the better . 3. Seeing the practise of both our Vniversities giues liberty this way . 4. Seing nothing but mockes and untrue tales be opposed against it , wee must renew our humble suite to your highnesse , that the long and tedious service bee abridged , where there bee preachers that bee able with their faithfull and godly laboures to take up the time better .

11. Against the abuse of Church songs and Musick .

WHETHER our brethren yeeld to this or no , we know not , they haue so pleased themselves in a conceit of our moderation and the kings great devotion ( as they terme it ) in hearing the Organs , that they forget to tell us their resolution : therefore wee will iustifie the equitie of our request .

1. In the Church of God nothing ought to bee done , but that which serues to edification : this is Pauls rule . 1. Cor. 14. 26.

But the Church Musick and songs , as they bee now used in Cathedrall Churches , and some Colledges with Organes and descant foreward and backward serue not to edification .

Therefore it ought not to be permitted in the Church of God . The assumption or second proposition is proved thus .

If the Latine seruice in poperie served to no edification , because the greatest part understood not that which was spoken , then also this theatricall musick , wherein the greatest part understand no thing , serveth so Aug. terms it in psal. 32. com . c. 1. Class. 3. c. 13 s . 29. to as little . Peter Martyr one of their own authors approveth this , nec iure potest ( saith he ) retineri fracta illa & Confragosa musica , qua ita detinentur astantes ut verba etiamsi velint percipere minimè queant . That broken and chaunting Musicke , by which the standers by cannot , though they would understand the meaning of the words ought not to be retained . And so euen popish Aquinas : Aquin. 22. qu. 91. art. 2 huiusmodi musica instrumenta magis animum movent ad delectationem , quam per ea formetur interius bona dispositio . These musicall Iustruments doe rather affect the mind with delight then further any good dissposition in him . And therefore , as he saith the Church used not them . Consil . Aquisgran . Conci . Aquis . con. 137. Decreed well , Psalmi in Ecclesia non cursim & excelsis inordinatis aut intemperatis vocibus , sed plane & dilucide & cum compunctione cordis recitentur , ut & cantantium mens illorum dulcedine pascatur & audientium aures pronunciatione demulceantur . Let not the Psalmes in the Church be hurried over or sung with loud , and strained throats but plainely and distinctly , with feeling of the heart ; so as both the minde of the singer may bee fed with the melodie , and the eares of the hearers refreshed with the words .

2. That which draweth downe the mynde from meditation and heavenlie contemplation to sensuall and carnall delyte , is not fit to be vsed in the house of God , where all our affections are rather to be mounted , and to be lifted vp .

But soe doth the same light and theatricall kind of musicke . Therefore it is not to be vsed in the Church of God . This reason hath both protestant and popish writers to approue it . Peter Martyr saith , Loc. cit. If wee should see at this day Christian people runne to the Church as it were to a theater to delyte themselues with musike and songs , ( as they daylie do at Paules church when the Organs and the anthems be sung ) abstinendum potius esset a re non necessaria : we should rather abstayne from a thing not needfull then by occasion thereof hazard the soules of the commers . So likewise Thomas Aquinas resolveth in his Aquin. vt supra . summe .

3. To bring in any part of the Leuiticall service into the Church of Christ is vtterly Heb. 7. 12. vnlawfull , as the Apostle shews -

But this kynd of musike by Organs and Instruments was a part of Leuiticall service . Therefore it is vtterly vnlawfull in 2 Chr. 29. 25. Bez. in colloq mompelg . part . 2. p. 36. Aquin. 22. q. 91. art. 2. arg. 4. the Church of Christ .

Beza not onelie vrgeth this , but that deepe divine , as they take him , Aquinas saith , the Church doth not receiue Musicall instruments to praise God with , ne videatur iudaizare , Lest shee seeme to Iudaize . And he giues good reason , why the Iews under the Law had such musick , and Christians haue none 1. because in the old Ibid. ad 4. law the people were more carnall . And the second , because these instruments did figure some things to come , namely the spirituall ioy , which we haue in Christ .

4. That which Christ and the Apostles , and all the godly Fathers of the Church for six hundred years together thought to be the fittest , and meetest musick for the Church , that must we think to be fittest , unlesse wee thinke to bee wiser then they . But Christ and the Apostles and all the godly fathers of the Church for 600. yeares and more haue taken plaine voyce musick , and not this kind of musick by Organes and descant to bee the fittest and meetest for Gods service , as appeareth by their practise , and precepts , Math. 26. 30. Col , 3. 16. Plinie saith of the first 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . Plin. apud Euseb. lib. 3. cap. 30. Aug. lib. 10. canf . c. 33. Christians , that they did ante lucanos hymnos Christo Deo canere . Sing Psalmes to Christ the Lord in the morning before day , And Augustine reporteth of Athanasius : tam modico flexu vocis faciebat sonare lectorem Psalmi , ut pronuntianti vicinior esset , quam canenti : Hee made the reader of the Psalmes varie his voyce so little , that he seemed rather to speake then to sing . And Hierome dislikes , that such as sing in the Ierom. epist. ad Epiphan , dist. 82. Church should stretch their mouth and throat , as though they were at a play : And therefore this plaine voyce musick is fittest to be used in the service of God .

1. Object . Iust. martyr qu , 107. and Answ. to the pet. p. 12. Augustine . lib. 10. c. 11. allowe musike .

Answ. But what kynd of musick doe they allow : Organs and curious pricke sung ? . Augustine speaks but of singing of Aug. lib. 9. confess . c. 6. & 7. & Epist. 119. c. 18. psalmes as may appeare in many places , that liquida voce with a cleare plaine voice , & cōuenientissma modulatione a most fit and seemely tune : for els where he professeth , that where as some had brought In. Psal. 32. com . 1. in the vse of the harpe and citharane into the Church , he by his authoritie remoued it . Let no man maruaile , sayth he , that wee haue cast out the harpe , and behold it is commanded to sound , saying , prayse the Lord vpon the harpe : nemo convertat cor ad organa , quod ei iubetur in se habet . Let no man spend his efection vpon the musicall Instruments , being to make melody in himselfe .

For Iustin Martyr ( though that bee none of his work ) because he there citeth Author apud Iustin. q. 107. Origen , ( who liued after ) yet whosoeuer is the author , he is directly against our brethren , as dirictlie for us in this cause : Instruments ( saith he ) be not vsed in the Church of God : sed simplex cantio in eis manet : there is nothing but plain singing : nam canere instrumentis in animis puerorum est : To vse instruments is for babes and children . Itaque in ecclesijs sublatus est tantum instrumentorum vsus , & relictum est canere simpliciter : so that our brethren thinking by these authorities to helpe their cause , haue indeed cut the throat of it .

The Papists themselues confesse , that their harmonicall musicke is much later lib. 4. Chronol. p. 729. then Iustine Martyr , or Augustine either . Genebrand confesseth that Pope Constantine sent Organs to King Pippin anno 757. as yet unknowne to the Germanes and Frenchmen : and Beza sheweth by good authorities , that they were first brought in by Pope Viteliane at the soonest , and Colloqu . Mompelg . par. 2. p. 37. into France anno 878. So long the Churches of Christ stood without them : and it had been well with them if they had stood so still .

Wherefore ( most noble King ) 1. Seing this theatricall Musicke serveth not to edification in the Church , to the which all things there used should serue by the Apostles rule . 2. Seeing it hindereth edification in withdrawing the minde from contemplation , and pulling it down to carnall delight . 3. Seeing it was a part of the Leviticall service , which is now ceased in Christ . 4. Seing plain voice musicke was taken to be fittest for Gods service by Christ and the Apostles , and all the Fathers in the best times of the Church ; we most humbly entreate your maiesty , that this stage-like musicke may be removed , and that which is fittest for edification , and best beseeming the spirituall worship of the Gospell may be retayned .

12. Against the prophanation of the Lords day .

HErein we both consent , Hee is very Answ. to pet. p. 12. prophane ( say our brethren ) that desireth not this from his heart . Now wee heartily thanke the holy God of Heaven even for this ; and we pray him that hath begun this good in our brethren , to encrease it to the day of Iesus Christ .

Indeed the sanctifying of the Sabbath Esay . 58. 13 Exod. 31. 13 is it that giveth life to all religion : and therefore this being once well setled , all religious and Christian duties will quickly follow .

Wherefore ( O most noble King ) not onely we the ministers that desire reformation , but both your Vniversities , the Vice Chancellors , Doctors , and heads of houses , and the rest of the learned Clergy and obedient subiects , expect this at your Highnesse hands , that as you haue by your most Christian proclamation give Constant. Euseb. lib. 4. c. 19. Theodos . & Valent. c. de . ferijs . Carolus . magn. 139. K. Canutus K. Iuas . in martyrol . Fox p. 73. Gythcon . K. of Danes . ibid. p. 755. Exod. 20. 10. charge for the sanctifying of the Lords day and for restraining of idle sports and games upon it ( as the godly , Emperours and Kings haue done before ) So because through the backwardnes and disorder of many brutish people , that day is not yet so carefullie regarded as it should bee : It will please your highnesse so soone as God shall giue opportunitie , to enact it as a Law , that all your Maiesties people may not onely keep a rest , but a religious and holy rest upon that day . Wee know your highnesse knoweth the largenesse of your gates , that they be as large , as your kingdom , and therefore will provide by godly and wholesome lawes , according to the charge of your God , which is uppon you : that all within your gates . i. within your hignesse government and dominions shall keepe the day of the Lords rest in all the holy duties and services of it .

13. That the rest upon holy dayes be not so strictly urged .

Argument . 1. IF Saints dayes may without any offence to God bee remooved , then the strict observation thereof should not be so severely urged .

But the first is true : for some Churches reformed haue de facto taken them away , as brought in by men : and de iure they might so do : because the keeping of such times without speciall commandement , seemeth to be an observing of dayes , contrary to the Apostle . Gal. 4. 10. and a consecrating of them , to the memory of men , which should onely be obserued to the Lord Rom. 14. 6. As Ambrose well saith : qui calendas Ianuarias colit , peccat , quoniam homini mortuo defert divinitatis obsequium , he that keepeth the calends of Ianuarie , sinneth , because he giveth divine worship to a dead man , his reason is as good against holy dayes , Amb. ser . 17 kept in the memory of Christian men , as Pagans : for divine honor should be yeelded to neither ,

Arg. 2. There should be a diffrence made between the rest upon the Lords day , and other holy dayes . But now there is no difference , the rest being as strictly urged upon the one day as the other : Ergo.

The proposition is thus proved . i. The Lord himselfe maketh a difference betweene the Sabboth , and other holy dayes of his own appointment : for upon the passeover day it was lawfull to dresse that , which they did eate , Exod. 12. 16 , But not so upon the Lord day . Exod. 16. 2. 3. 2. the Sabboth is of the Lords institution , and so precisely to be kept : holy dayes are but an Ecclesiasticall constitituon ) and therefore not in the observation to bee made equall to the other . 3. Difference to be made in the obseruation of the Lords day and other holy dayes . the rest upon the Lords day doth simply bind in conscience , as all the commandements of God doe : the rest of holy dayes doth not simply bind in conscience , in respect of the thing commanded , but as we are bound in conscience to obey our governours in all lawfull things : for there is but one lawgiuer which is able to saue and to destroy . Iam. 4. 12. 4. the constitutions of the Church haue observed this difference , making greater restraint of labour upon the Lords day , then upon other festivals : upon the Lords day all ruralia opera , works of husbandrie are forbidden : Cabilonens . c. 18. itinerari cum caballis , to travel with horse or oxen . Aurelian 3. 27. to keep Fairs , or Markets upon the Lords day . Coloni . part. 9. c. 10. no courts or pleas then to be holden : Tarraconens . c. 4. no dansing , or playes , or shewes to bee used : Mogunt . c. 61. All these canons and many more provide onely or chiefly pro diebus dominicis , for the Lords dayes .

Argu. 3. That liberty which God hath given to worke six daies , ought not ( where Exod. 20. 6 there is no urgent necessity ) to be restrained , especially where there is a necessity to labour : for where necessity requireth , wee deny not but a day of cessation may be enioyned upon the worke dayes , as when a generall day of fast , or of thanksgiving is proclaimed : yet even upon these daies , necessary labours are excepted .

But the rest of holy daies is upon no necessity : yea many pore men working a crash for necessity haue been fetched to the Courts , and forced to pay large fees : Ergo it impugneth the liberty which God hath given , and so is unlawfull as it is urged .

Arg. 4. This rest upon holy daies ministreth occasion of idlenesse , haunting of Alehouses , unlawfull gaming , which are twice so offensiue as working . Men keep them as the Israelites kept holy daies ; They ate , they drunke , and rose up to play . Exod. 32. 6. As Ambrose speaketh of the Gentiles feasts , Vides quomodo convivia sua adornent , festa annuntient , sed pijs mentibus infestiora sunt . Yee see how they adorne Epist. 4. their feasts , and proclaime their festivals , offensiue to all good mindes , &c.

Ergo this streight urging of holy daies rest , as ministring occasion of evill , ought to bee qualified , if not abolished .

Arg. 5. It is more lawfull by the lawe to worke upon holy daies , then for Iudges Cod. lib. 3. tit. 12. leg. 2 Theodes . to keepe Courts , and heare suits . The Imperiall commandeth , omnes Iudices cessent : that all Iudges should cease upon the Lords day : but it permitteth ut agrorum culturae inserviant , that they may follow husbandry upon that day . Yet for this wee cite not the Imperiall , but onely to shew the difference of these two workes .

But upon all holy daies in terme time ( excepting foure , viz. the Ascension , Iohn Baptist , All Saints , and the Purification ) the Iudges keepe their Courts in Westminster Hall . Ergo as well by the civill Law may Countrey men follow their rurall workes .

Arg. 6. We will lastly shew the practise of the Church for liberty of working upon holy daies .

Gregorie 1. calleth them predicatores Antichristi , preachers and Prophets of Antichrist , lib. 2. epist. 3. decr. par. 3. dist. 3. c. 12. qui die sabbati operari probibent , which forbid to work upon saturdayes : But so doe the spiritual courts prohibit to work upon that day , when it falleth out to be a festivall .

Leo & Anthenius provide onely in their constitutions for the Lords day : Nec huius religiosi diei ( i. dominici ) otia relaxantes &c. and prescribing the rest of this religious day , yet we would not haue it spent in filthy pleasures : and the law gives a reason , calling the dominical daies , dies festos maiestati altissimae dedicatos : festiuals dedicated to the highest maiesty , whereas the rest were dedicated to Saints . Simon Islip Archbi . of Canturburie forbiddeth upon paine of excommunication : Fox Martir . p. 393. that people should not abstain from labour upon certaine Saints dayes , which were before consecrate to vnthriftie idlenesse .

Reformat . Ratisp . artic. 20. in minorib . festivitatib . &c. in the lesse festivals we give libertie after service done , for men to go to their work .

Treverens . sub Ioan. c. 10. usque in meridiem in festis dieb . seriart volumus &c. Wee wil haue men to keep holy day till none , & then go to their worke : Thus was it decreed in Popery , when they had many blind Saints dayes , which we obserue not now : But as they dispensed with their lesse festivals so among Protestants , the rest of the holy dayes ( which are the least ) might be released ; so that in time of divine service labour be forborne .

Obiections answered . Obiect . 1. WOuld they haue men upon such dayes to go to plough and cart .

Answ. to Petition . p. 13.

Answ. 1. Would yee haue them go to dice , tables , quaffing , dauncing ( as the common use is ) which is the worse , wee pray you ? Augustine thus saith of the Iewes sabbatizing : melius toto die foderent , Aug. in Psal. 32. par. 1. quam saltarent : they might better delue all the day , then daunce all the day . 2. And why might not men be suffered to follow their vocation upon such dayes ( so it bee not done with contempt of divine service , as the reason is given in the Law : quia non aptius alio die frumenta sulcis , aut vineae scrobuli mandantur : it falleth out that no day is fitter to sow corne , and set vines in : the same Cod. lib. 3. l. 12. leg. 3. law also giveth liberty for like workes to be done upon the Lords day : But therein it must giue place to Gods law .

Obiect . 2. As some of their humor haue caused their servants to do on the feast day of Christ : Answ. to petit . ibid.

Answ. This is a most untrue assertion , that the petitioners or any like minded to Great . vntruth . them haue caused their servants to go to plough or cart upon that day . 2. We make great difference between the holy dayes consecrated to the honour of Christ , and the other : which are memorials of men : Which difference both the Imperiall and Ecclesiasticall lawes obserue . Cod. lib. 3. tit. 12. leg. 7. all the Saints dayes are omitted : onely the Lords daye with the festivals of Christ , his nativitie , circumcision , the Epiphanie are decreed to bee holy dayes : So likewise Concil. Agathens . c. 94. cited Caus. 7. qu. 1. c. 29.

Wherefore ( O most noble King ) 1. seing holy dayes of Saints might be altogether spared . 2. and that difference between them and the Lords day should be observed 3 , seeing poore men are forced upon necessity to labour upon such dayes . 4. Idle and unthrifty persons , are occasioned by such play dayes to do evill . 5. seing the practise of the honorable Courts allow it . 6. lawes and cannos haue decreed it : It may please your most excellent Maiesty , that your pore subiects be no more vexed and troubled in Ecclesiasticall courts , for following their necessarie labours upon holy dayes ) so it be out of the time of divine service ) for the sustentation of their families : As in time of poperie the poore Saints were troubled for the same : as Isabel Tracher , was persecuted for working upon an holy day ; William Wingraue & Thomas Haukes for the like : That your excellent Maiestie resolue with the Christian Emperour Constantine , A nullo &c , presumi debet , ut authoritate sua ferias condiat : that none presume by their own authoritie ( without Gods & yours ) to make such holy dayes to restrain all labour .

THE DEFENCE OF THE FIRST PART of the petition concerning Church Service .

ARTIC. 1. Of uniformity of doctrine .

Obiect . WHAT imputations are these , &c. What shamelesse suggestions , as though there were no uniformity nor consent of doctrine among us .

Answ. 1. Are our brethren so ignorant that they know not , or so wilfull that they will not acknowledge how by diverse both in their preaching and writing , opinions haue been taught , and defended not having a smattering onely , but a rank tast of Popery . What say you then to Popish positions . Hooker , lib. 1 1. p. 60. & 61. these positions : there is in man naturally that freedom , whereby he is apte to take or refuse any particular obiect . The like position the Rhemists hold , it lieth in man to giue consent , holpen also by grace . Annot. Apoc. 3. 4. they giue not a full sufficiency or ability but an aptnesse & inclination to free-will by nature to consent to any obiect .

There are works of supererogation , that a Hook. lib. 2. pag. 122. man may doe more , and God approue much more , then he commandeth . So say the Rhemists : the workes that wee doe more then precepts , 〈◊〉 called works of supererogation , whereby it is evident against the Protestants , that there be such works . Annot. in Luc. 10. sect. 3.

That the Ch. of Rome is the family of Iesus : Hook. lib. 3. p. 130. whence it wil follow that the pope is not Antichrist , who cannot fit in the family of Christ . So the Rhemists call it the Church and house of Christ , confuted therein by our divines as D. Fulk . Math. 16. sect. 10.

That the Sacraments are morall instruments Lib. 5. p. 128. p. 133. of salvation , and in their place no lesse required then faith it selfe : This differeth not far from that popish position , that the sacraments giue and conferre grace , Rhemist . act. 22. sect. 1.

That the Scriptures and nature ioyntly not Lib. 1. p. 8● severally are compleate unto everlasting felicitie .

Whence it followeth that the Scriptures severally by themselves are not compleate to salvation : What other thing is affirmd by the Rhemists , saying the Scripture containeth not al necessary truth . Heb. 9. s . 2.

That the Sacraments are no Sacraments without the serious meaning and intention of the Minister : the like assertion B. Iewell confuteth against Harding calling it the very dungeon of uncertainty to stay upon the intention of a mortall man . Reply art. c 1. p. 34.

Infants if they haue not baptisme howsoeuer , &c. the Church as much as in her lyeth ib. 5. p. 135. casteth away their soules . So the Rhemists say , no man can enter into life everlasting unlesse hee bee baptized of water and the Holy Ghost . Annot Iohn . 3. sect. 2. This position By one Butler a Commissary . of the necessity of baptisme , that infants , dying without it are damned , hath been of late publickly taught , with other positions of the like nature , by an unsound dogmatist in Northamptonshire , as we are enformed . All these & divers such like popish paradoxes haue been broached & set a foote in publick writing , and since the Authors death haue been again revived ( with whom we wish they had been buried ) and defended by publick writing to the great offence of sincere Protestants and the no small ioy of superstitious Papists : of this sort and savouring of the same leauen are these such like doctrines , that iustifying faith may be lost : that it is not proper to the elect : that a man cannot be sure of his salvation : that a man hath free will to beleeve : that Christ died not onely for the Elect. These and such like positions haue been publickly by some maintained , both in pulpits and Scholes : How then are not our brethren ashamed to call these false imputations and shamelesse suggestions .

2. Wee charge not the Leiturgie with Popish opinions , though we wish it discharged of some needlesse ceremonies : and what a simple argument is this ; The book containeth no popish opinions : Ergo none haue been taught in the Church , or there is a book of articles of religion agreed upon , & in them an uniformity of doctrine in som things : Ergo there is an uniformity of doctrine prescribed for all other points . There are diverse hundred points of doctrine , wherein Protestants and Papists dissent ; the fourth part of them is not conteyned in that booke . We reverence and allow that book , and wish , that what is wanting may be added , that an uniformity Vniformitie of doctrine . of doctrine may be agreed upon for all other poynts of doctrine , as is done for those already there expressed .

3. Wee put not weapons into the adversaries hand to wound us , which complaine of unsound teaching , but they giue occasion & advantage to them that depart from the currant doctrine of the Protestants , and refine over the old Popish dregges . Wherefore our brethrens words ( it bad been good that these men had been never able to write , then to write thus to the scandale of Gods Church and his sacred truth ) might more truly haue been uttered against those that haue thus in their writing maintained corrupt popish doctrine , then against them that haue profitably employed both their tongues and pennes against the common Adversarie . How far now are our Brethren from the Spirit of Moyses , who wished that all the people of God could prophecy . And Numb. 11. 28. our Saviour biddeth us to pray the Lord of the haruest to send forth labourers into his harvest . But these wish that many Mat. 11. 38 profitable men had been never able to write .

We may say to them as Hierome to his adversary : there are Papists among us , Atheists , Hier. ad Theophi . advers. Ioan. Hieros . Familists , &c. Why do they not taxe them , haue they a spite onely at us ? doe wee onely make a rent in the Church that communicate with the Church : Nos soli qui Ecclesiae communicamus : Ecclesiam scindere dicimur .

ARTIC. 2. Of bowing at the name of Iesus .

Obiect . REverence done at the name of Iesus is not superstition , &c. But an apparent token of devotion : why doe they not find fault likewise with kneeling , sighing , weeping , &c.

Answ. 1 , How followeth it ? wee may kneele , sigh , weep , knock upon our brests , hold up our hands to heaven in our prayers : Ergo it is lawfull to bow at the name of Iesus : seing for the one we haue warrant both by precepts and example of Scripture , and so wee haue not for the other . 2. In that the knee is bowed rather at the name of Iesus then of Christ , or of God the Father , and God the holy Ghost , it is evident that this reverence is done to the name , not to the divine Maiesty , which equally in all these names is to be adored : if then the sound of the name be adored , it is superstition : if the person , it bringeth an inequality of the Godhead . 3. As well may the name of Iesus be bowed unto , when it is seene painted or written in the glasse windowes , as when it is pronounced : for why should not the sight thereof be as holy to the eye , as the sound to the eare ? And indeed thus a certaine late Popish Synode perswaded to kneele down before an image because the people bow at the name of Iesus : these are their words : Nec maiori idololatriae periculo , quam ad nomen Iesu genu flectitur : quem enim vocula cursim auribus insinuat , hunc eundem fidelibus oculis imago repraesentat . 4. The petitioners therefore had good cause to moue , that ministers be not ( contrary to their iudgement & consciece , without warant of the word ) to teach their people : for that place which is commonly alleadged Phil. 2. 10. God hath given him a name aboue all names , that at the name of Iesus should every knee bow , both of things in heaven , things in earth , &c. can haue no such meaning . 1. The Apostle speaketh not of the outward knee for the Angels haue no such knees , which notwithstanding do bow at the name of Iesus , as the Apostle saith : let all the Angels Hebr. 1. 6. of God worship him . And Ambrose saith : agnoscentes Angeli mysterium genu illi flectentes : Ambros : in ● . lim. 3. the Angels do bow their knees . 2. Neither doth the Apostle speake of a name consisting of letters and sillables , but of the divine power given unto Iesus , that shall be adored of all , as the Prophet expoundeth : every knee shall bow to him , and every Esay . 25. 23. tongue shall sweare by him . This argument is urged by Ambrose , nomen quod est super Ambr. in Ph. 1. 2. omne nomen , &c. this name aboue all names is the name of God : if this name did not consist by nature , it were not aboue every name : appellativum enim nomen in solo vocabulo est , non in natiuitate naturae : a name appellatiue is onely in the word , not in the naturall generation .

3. Of the puklick reading of Apocrypha .

Obi. THEY are grossely ignorant , if they know it not , or wilfully malitious , &c. if knowing they impugne , &c.

Answ. 1. I hope our brethren will not Defens : Apol: p. 57● account Reverend Bishop Iewell either grossely ignorant , or wilfully malitious and turbulent , though they so call vs at their pleasure , who proueth out of the Laodicene and Hipponense Councell , as also Laodicen : cans : 59. out of Chrisostome , and the decrees of the French Kings liues , and Charles , that nothing should bee read in Christs congregation but the Canonicall Scriptures : The words of the Laodicene Councell are these : non oportet libros qui sunt extra canonem , legere , nisi solos canonicos veteris & novi testamenti . 2. Hierome himselfe , ( who is here obiected giving way to those times , seemeth sometime to tolerate the reading of the Apocriphall books for the stories sake , yet wisheth the same to bee done cautelously : Caveat omnia Apocrypha , &c. Take heed of the Apocrypha ; and if Hierom : ad Laetam . any will read them , not for the worth of doctrine , but reverence of the story , know he that they are not theirs , whose title they beare : Multaque his admixta , vitiosa , & grandis esse prudentiae aurum in lute quaerere . And that many faulty things are mingled , and it is a prudent part to seeke gold in the mire .

3. But the Apocrypha giue light to the divine story .

Answ. So doth Iosephus and Plinie , with other foraine writers : doth it follow therfore that they should bee read in the Church ; though they giue some light , yet the Scripture giueth to it selfe a greater light : which as his Maiesty saith : is alwayes the best interpreter of it selfe . And 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 10 Meditat. in 20. Revel. in another place his Maiesty excellently writeth : We are taught , onely to use Scripture for the interpretation of Scripture , if we would be sure , and never swarue from the analogie of faith in expounding .

4. Our reasons against the publick reading of Apocripha are these . 1. In the Church of the Iewes in the Apostles time onely Moyses and the Prophets were read . Act. 13. 15. & 15. 22. 2. The Scriptures are sufficient both for doctrine and manners , 2. Tim. 3. 16. 3. Because the Apocrypha books , as Hierom saith , contayne many falsities mixed with truth . The contradictions between the Canonicall book of Esther , and the Apocryphall are divers , and not to be reconciled , as the learned haue noted : the story of Bell and the Dragon , Hierom calleth fables : and so doth Augustine in Tobie the Angell is Consule Whit. q. 1. de script . c. 18. Praef. in Dan. Aug. de mirabilibus . lib. 2. c. 32. broght in to tel a tale , that he was of the stock of Azarias c. 5. 8. The devil is driven away with the smel of a broiled liver . c. 8. 3. The story of Iudith commendeth such trickes and devises , as became not the modesty of a woman professing vertue . Ecclesiasticus telleth us that Samuell prophecied after hee was dead . c. 46. 20. In the Macchabees , Iudas is commended for offering sacrifice for the dead , l. 2. c. 12. Razis extolled for killing himselfe . l. 2. c. 14. v. 42.

4. Books that beare false titles are not to be read in the Church , which the Canon calleth 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . can . Apost. 59. but such are the Apochriphall books . Hierom saith : non eorum esse , quorum titulis praenotantur : they are not theirs whose title they shew . Augustine saith , that the booke of wisdome is thought to bee Salomons , propter non nullam eloquij similitudinem , but for some likenesse of the style : l. 17. de Civ . Dei c. 20.

5. That which giveth occasion of error , should not be admitted : but the reading of Apochripha is occasion of errour ; to induce the people to thinke that they are Scripture : And therefore the Laodicene Councell ioyneth both these together quae oportet legi , & in authoritatem recipi , haec sunt : these are the books which ought to be read and received into authority . can . 59. Ergo &c.

Lastly , what other thing haue the petitioners here moved , then his Maiesty hath first written : As to the Apocripha books I omit them , because I am no Papist , and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 1● indeed some of them are no wayes like the ditement of the Spirit of God . I hope now our brethren will leaue for the urging of this point of those fierce termes of grossely , ignorant , wilfully malicious , and turbulent , lest wee say to them as Augustine to Iulian , when hee had produced Hilarie against lib. 2. cont: Iulian. pelag him : nunc ergo ne tuis stomachi fellis indigesta maledictorum cruditate rumpatur , in bunc evome si audes calumniosas tuas vanitates : Now lest your stomacke burst with undigested rankor , cast it upon him , if you dare , &c.

THE DEFENCE OF THE SECOND part of the Petition concerning Church Ministers .

1. Of a learned Ministry .

FIRST in that we desire that none but Preachers from hence forth bee admitted to the ministrie : what do our brethren meane to impugne so honest and reasonable a petition ; doe we herein request any more then his Maiesty hath in his princely Book approved , thus writing : see all your Churches within your Dominions planted with good pastors : what 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 43. is there now so grosse in our Church which these men will not mayntayne , taking vpon them to iustify an vnlearned ministery , vnlesse they mistike this motion because it proceedeth of vs Hierome sayth in alijs probant quod in me reprobant , quasi praefac . in paralip . virtus & vitium non in rebus sit sed cum authoribus mutetur . They like that in others , which in me they mislike , as though good and evell were not in the things , but altered with their authors . 2. what reason had they for the Lord day , which terme the petitioners Of the name of Sunday . vse , to say Sunday ? Doth this name which was inuented of the heathen , better like them then the name of that day , found in scripturs : Or did not the fathers much mislike those heathenish Apoc. 1. 10. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . Pref. in Psal 43. names of the dayes of the weeke ? As Augustine thus writeth of dies Mercurij nolumus vt dicunt atque vtinam corrigantur ne dicant . We would not haue men cal it Mercury day or wednesday ? and I wish that order were taken , that they might not so call it . The very papists themselues confesse that the word Sunday is an heathenish calling . And some of our best writers acknowledge that the name of Sunday & the rest Fulk Rhemis annot. in apoc 1. 10. had an heathenish beginning , & therefore were better to bee otherwise termed . But passing over these lighter matters wee will first produce our reasons for a learned Ministry : and then examine theirs in iustification or excuse of an unpreaching order in the Church .

Reasons and arguments shewing the necessity of a learned Ministry .

Arg. 1. THE Lord sayth by his prophet , because thou hast refused knowledge I haue refused thee , thow shalt be no Priest vnto mee Hos: 4. 6. so sayth Gregory qui quae Dej sunt nesciunt , a Deo nesciuntur : they which know not the things of God , are not knowen of him . Pastorol : par. 1. c. 1.

Arg. 2. Pastors and Ministers are the A learned Ministery necessary . Lords stewards 1. Cor. 4. 1. but no man will appoynt an vnskilfull steward ouer his house , as our Sauiour sayth who is a faithfull seruant and a wise whome his Master hath made ruler over his houshould to giue them meat in due season . Math. 24. 25.

Ergo ignorant & unfit persons much lesse are to be set over the Lords house , Ambrose saith : Si terrestrium rerum dispensatores idonei quaerendi sunt , quanto magis coelestium , if fit stewards of earthily things must be sought for , much more of heavenly . in 1. Tim. 1. 3.

Arg. 3. Hierom urgeth to this purpose that saying of our Saviour , si infatuatum est Hier. ad Heiodor . sal , &c. if the salt loose his savour , it is good for nothing , but to be cast out . Mat. 5. 13.

Ergo ignorant ministers as unfatuate and unsavory salt , should be cast out .

Arg. 4. Ignorance is excusable in the people : my people goe into captivity because they haue no knowledge : Esay . 5. 13. much lesse is it to be suffered in the Minister : this reason is alleadged by Leo : si in laicis vix tolerabilis videtur inscitia , quanto magis in ijs , qui praesunt , nec excusatione digna est nec venia . If ignorance in lay men be intolerale , much lesse in those that are set over them is it excusable or pardonable . epist. 22. ad Cler , Constantinopol .

5. That is not to bee suffered which tendeth to the ruine of faith : but by an unlearned ministery faith decayeth , which commeth by hearing the word preached : Rom. 10. 17. thus reasoneth the Councell of Toletane 4. c. 24. let all their work be in preaching , ut aedificent cunctos fidei scientiam , &c. that they may edifie all in the knowledge of faith .

6. That should not bee permitted in the Church which giveth occasion to the destructions of mens souls : But such is an unteaching ministery : if the blind lead the blind , both fall into the ditch : Math. 15. 14. And it is as Hierome saith : tanquam perforatam navim debilis gubernator regat : as Hierom. ad Chromatium though an unskilfull Pilote should be set to guide a broken ship .

7. S. Paul doth especially require this , as an essentiall property in a minister to be 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , apt or able to teach . 1 , Tim. 3. 2. Hierom saith well : Innocens & absque sermone conversatio , quantum exemplo prodest , Hier. Ocean . tantum silentio nocet , An innocent conversation without teaching as it helpeth by example so it hindreth by silence . And it is Origenes note upon these words of Paul : wo is me , if I preach not the Gospell &c. propter hoc solum , Tract . ●3 . in Math &c. for this thing onely , if I preach not , not for conversation is this woe pronounced .

8. That ought to bee declined , which is sent as a punishment and iudgement upon the people : But dumbe and ignorant ministers are a punishment , &c. as the Lord threatneh to take away the Prophet Esay . 3. 2. And there shall bee like prophet , like Priest . Esay 24. 2. So saith Isidore as he is alleadged Aquisgran c. 25. pro malo merito plebis aufertur doctrina praedicationis , Ergo , &c.

9. All those whom Christ sendeth are furnished with gifts accordingly : Eph. 4. 8. 11. Hee hath given gifts vnto men , &c. some Apostles , some Doctors , &c. Ieroboam made of the basest of his people to bee Priests of his golden calfes : onely Aarons sonnes , ministred to the Lord at Hierusalem . 2. Chron. 13. 9. 10. What shepheard will carry into the field a dogge that can not not barke : for as Hierome well saith : Hier. ocean . latrata canum , baculoque pastorum , luporum rabies deterrenda est : the wolves rage , the sheapheards staffe , and dogges barking must asswage . Wherefore seeing ignorant ministers are as dumb doggs , Ieroboams Priests , men of no gifts , they are not sent of Christ , &c.

10. Wee will adioyne the consent of antiquity and decrees of Counsels , that haue condemned rude and ignorant ministers : Ca. Apostol . 57. Episcopus aut presbyter , qui negligentius , &c. A Bishop or presbyter that is negligent about the people , and doth not instruct them in piety , must be put from the Communion .

Valens . ca. 2. pro aedificatione omnium Ecclesiarum , &c: for the edifying of all Churches , it pleaseth vs that not onely in cities but in all parishes we giue power to presbyters to preach : that if the presbyter beeing sick cannot preach himselfe the homilies of the fathers be read by the Deacons . Toletan : 4 c. 24. Ignorantia mater , &c. Ignorance the mother of all errors is espcially to bee avoyded in the ministers of God who haue taken vpon them to preach to the people : let such therefore know the Scriptures that all their work may consist in preaching , and to edifie all in faith and manners .

Aquisgranens . c. 13. ex Gregor. praeconis officium suscepit : he taketh upon him the office of a preacher , whosoever commeth into the Priesthood . The minister then or Priest if hee bee unskilfull of preaching , what voyce can hee giue that hee is a dumbe crier .

Coloniens . p. 4 , c. 1. Officium parachorum , &c. the office of parish ministers consisteth in two things , the dissemination of the word , and administration of Discipline .

Obiections made in defense of an unlearned ministery answered . Obiect . 1. DOTH not the sufficiency of ministers , Suscipere magis & minus , admit of his degrees .

Answ. Doth it follow ? the sufficiency of ministers doth suscipere magis & minus : Ergo , all need not preach ? Wee grant that there are diversities of gifts : some haue lesse , some greater ; but is it simply inferred , that therfore they which haue no gifts at all should be admitted .

2. Obi. Were the ministers of the Primitiue Church all of them able to preach ?

Answ. It is untrue , that there were No unpreaching Pastors in the primitiue Church . any Ministers in the Primitiue Church which had charge of soules , being not able to preach . Chrysostome and Peter Martyr with others are onely named , their words are not alleadged : the first indeed saith : Senioribus , qui inutiliores sunt , hoc baptizandi munus committimus , verbum autem quod doceant , sapientioribus : Wee commit the office of Baptisme to some somewhat unprofitable , but the preaching of the word , to the wiser sort . Peter In 1. Cor. 1. Martyr saith : tingendi munus cuilibet in Ecclesia committi potest . the office of dipping may bee committed to any . But first these testimonies serue not for the Primitiue Church , which reached not to Chrysostoms time ( if we speak properly ) yet Chrysostome speaketh but by way of Chrysost. ibid comparison , that where ministers were , they made choyce of the wisest for preaching : in comparatione civili prudentia utitur : hee speaketh by way of comparison , as civill wise men use to do : they were not then altogether unprofitable , that baptized , but in comparison . And Peter Martyr speaketh not of ministers onely , but his opinion was that any might dippe or lay on water the minister using the words , which conceit wee leaue unto the Author . Further wee deny not but that in some Churches Deacons , and other Ministers baptized , which preached not ( which use how commendable , wee are not now to discusse . ) But never shall it bee shewed , that in the better and first ages of the Church any Minister had the charge of soules , that could not preach , as Chrysostome sheweth : quoniam oportet & eum quae sunt Rectoris habere , idcirco subiunxit aptum ad docendum : because hee must haue those things , which belong to the Rector or spirituall governour , hee addeth apt to teach , &c. this is not required of the people , sed illi ante omnia adesse debet : but hee must haue it aboue all which taketh upon him this office . Lastly , admit that such a corrupt use had crept into the Church to allow unpreaching pastors , yet is it directly contrary to the Apostles precept who maketh it of the essence of the pastor to bee apt to teach . 1. Tim. 3 2. such was also the practise of the Primitiue Church : all their pastors were preachers . Act. 20. 28. 1. Thess. 5. 12. 1. Pet. 5. 2.

3. Obiect . The urging of that strange doctrine , that hee is no Minister , that can not preach , &c.

Answ. The vrging of that doctrine , Vntruth . We so urge not . that hee is no Minister that cannot preach : what is it to the petitioners ? they so affirme not . Is it all one to say , there ought to bee no Ministers that can not preach , & they are not Ministers that can not preach ? why do our brethren , whom the schooles might teach to dispute ad idem , thus breake out into matters not in question betweene vs . Wee denie not , but that such are Ministers , though vnprofitable ones , & the sacraments giuen by them sacraments , yet vnduly ministred : and wee say of them . as Augustine in a somewhat diuerse case : in bonis sacramentis non Contra crescen . lib. 1. c. 26. sunt boni , quomodo in bona lege non sunt boni Iudaei : The sacraments are good , but they are no good Ministers of them .

4. Object : Hath it not made the Brownists confidently to reproch vs , that our Church is no church , &c.

Answ. 1. Neither is it true that the Brownists condemne our Church and Sacraments . Vntruth . &c. onely because some of the Ministers could not preach : for they mislike also and condemne the most painfull preachers amongst us , but they pretend many other reasons of their separation , 2. Our brethren needed not therefore to haue cast the Brownists in our nose , seeing it is well knowen that the ministers which desire reformation haue most of all other opposed themselues by writing to that faction , 3. But is this a good argument : the Brownists haue taken offence at unpreaching Ministers : Ergo there may be such , &c. Nay rather the occasion of their offence & stumbling should haue been removed .

5. Object . It is not possible to haue all Ministers men of worth till all church liuings bee very sufficient , &c.

Answ: Of like consequence is the argument A learned ministery possible . that followeth , The liuings are not sufficient to mayntayne preachers Ergo it is not possible to haue all preachers and men of worth . 1. Why doe our brethren then of Oxford and Cambridge hinder the sufficiency of Ministers mayntenance , as much as in them lyeth by gainsaying the Kings princely motion , for disposing of the leases of impropriations to the vse of the incumbent preachers , whereof wee shall haue cause to intreat afterward . 2. This yet is no excuse for such vnsufficient Ministers , as enioy sufficent liuings wherof there are a great number . 3. Although the want of mayntenance bee a great let to a learned Ministerie : yet it is possible though with much difficulty , to plant preachers even where such defect is , as in the Apostles tyme , and many yeares before the Church was endowed : and the next way to enlarge the Ministers mayntenance were to place every where worthy men whose painfull labours would provoke mens liberality : At the least , let such Churches as haue sufficient mayntenance , first bee sufficiently provided of good men : And for the enlarging of the rest , the Prince and the state must bee humbly sued vnto . And Clergy men for so much as lyeth in their power , should shew themselues ready by their example .

6. Obiect . Many do please themselues in their extemporall gifts . &c.

Answ. Is not this also a goodly argument : Of extemporal Preachers Many do please themselues in their extemporall gift , &c. and for their grosse ignorance haue deserved to be blotted out of the number of preachers : ergo all Ministers need not to be preachers for this must bee the conclusion , or else they do but trifle : as though the presumption of the one doth excuse the idlenesse of the other : because one shooteth too far , shall another shoot too short . An extemporall gift as wee simply allow not ( for the word of God must bee reverently handled ) so wee see not why men of long study and exercise may not , where the present necessity is such , shew their readinesse that way . As Origene was sometime forced to doe : singula rimari extemporaneus Homil. 8. in Levit. iste sermo non patitur : Such extemporall preachers were Ioan. Antiochen , presbyter , and Honoratus Mussiliens . episcopus , extempore in Ecclesia declamator . An extemporall preacher in the Church . And as extemporall sermons are loose , so bosome sermons , that are verbatim delivered , are too curious : as wee condemne the one , so wee commend not the other approving therein the iudgement of Augustine ; Donec significet , i. se intelligere , versandum est quod agitur multimoda varietate dicendi , quod in potestate non habent , qui praeparata & ad verbum memoriter retenta prvnnntiant . Till it appeare that the people understand that which is handled it must be opened with variety of phrase , which they that repeat things word for word as they haue conned them by hart cannot do . Thus by such weak arguments , as we haue seene the Confuters haue boulstered out ( as Mammets and men of straw ) the dumbe and Idoll Ministers . Wee are right sorry that Oxford Doctors now under the Gospell should so much swerue in the iudgment of the truth from their predecessors in the time of Poperie : who decreed much better concerning this mater , then these men now write . Presbyteris parochialibus districtè iniungimus &c. we enioyne the presbyters of every parish to instruct the people commited to them , with the word of God : ne canes muti iudicentur Concil. Oxoniens . sub . Stephan . cum salubri latratu in caulis dominicis luporum spiritualium morsus non repellunt . This Councell calleth them all dumbe dogges , that do not instruct and preach unto their people , and driue away by their wholesome doctrine the wolues .

Wherefore O most noble King 1. seing God refuseth them to be his ministers , that The conclusion . haue no knowledge , 2. neither are such fit stewards over Gods house , 3. they are infatuated salt , 4. seing ignorance is inexcusable in the people , much more in the pastor . 5. & by the ignorance of such faith decayeth . 6. the destruction of many soules ensueth . 7. seeing a Minister by S. Pauls description should bee apt to teach . 8. and that it is a punishment sent of God to haue unskilfull shepheards . 9. and all whom Christ sendeth , he furnisheth with gifts . 10. Seing by the canons and practise of the Church such unsufficient Ministers are condemned : Seing nothing can be obiected in the contrary of any moment , 1. Ob. that although there bee diverse gifts , yet every pastor ought to haue them in some measure . 2 , Obj. neither were there any pastors in the Primitiue Church no preachers , 3. neither is it a thing impossible to haue every where sufficient Pastors , We are perswaded that your Christian Maiesty out of your Princely iudgment will in due time see the Church reformed in this point and therein follow the example of that noble Charles King of France who enacted thus : providimus pro aedificatione omnium Ecclesiarum , &c. Wee haue provided for the edifying of all Churches , that not onely in Citties , but in all parishes , the presbyters Synod . Arelat. sub . Carolo . caus . 10 preach the word to the people , that they may learne to liue well , &c.

ARTIC. 2. Of the removing or supplying of unlearned Ministers .

1. Obiect . HOW charitable are these men that would haue men removed out of the ministry , &c.

Answ. 1. How can the Petitioners bee counted uncharitable , when they wish some charitable course to be taken for the reliefe of unsufficient Ministers . Neither is it propounded simply , but with a disjunction , or else that they be forced to maintaine preachers , according to the value of their livings , &c. And wee pray you , how many are there to be now found , that were entreated to take upon them the Ministry for want of sufficient men , or that were in time past sufficient and are now decayed by age , sicknesse &c. are there not almost an hundred other unsufficient Ministers to one of this sort ? and they that are of that quality , why should they not haue coadiutors , as Augustine was to Valerius , Eradius to Augustine , Nazianzene to his Father : Anysius to Acholius of Thessalonica . Should the people perish for want of instruction because of their infirmitie ? But say it had been simply moved to haue all unsufficient ministers removed , so they were provided for : is this course uncharitable ? then count the Apostle uncharitable , who willeth that he which laboureth not , should 2. Thess. 3. not eat : or what think you of these ancient canons : peregrini presbyteri , si praedicatores sint veritatis suscipiantur , sin minus , ne necessaria subministrentur eis , Can. apost. 34. Episcopus vel presbyter , &c. si in pietate populum non erudit , a communione segregetur , si in ea socordia perseveraverit , deponitur : can . 57. So was it also decreed in the Councell of Oxford : si residere noluerint , cum non nisi laborantibus panis dandus sit , Ecclesijs per Episcopum spolientur . Say also that they are uncharitable that thus decreed ; that unpreaching Ministers should not be releeved , that they be put from the Communion , and finally if they continue in theyr idlenes , to bee deposed .

2. Object : How can they maintayne preachers that haue not where with to mayntayne themselues , &c.

Answ Many vnsufficient and vnpreaching Ministers haue sufficient liuing and mayntenance , and as many , as wee thinke are of that sorte , well provided for that wayes , as are not : inioying some an 100 markes , some an 100. pound by the yeare some more : and those might very well he charged to maintaine preachers , the rest , that are not able alone , two or three should ioyne together to haue a preacher by course , rather then the Churches shold be altogether unfurnished , till better provision be made .

3. Object How much better hath our Church deuised to supply the defects of some men , &c. by other meanes , as by the frequent reading of scripture , &c.

Answ: Our brethren tell us of better supplies of these defects , then by preachers : To be otherwise supplied as by frequent reading of scripture , by the forme of common prayer , by the reading of homilies , quarterly sermones : for answere wherevnto wee say , 1. if quarterly sermons make a good supply , wee hope that weekely sermons euery Lords day afford a better : how vnaduised then are our brethren to call the word seldome preached a better supply then the same diligently preached ? 2. Bishop Ridley is alledged to speake in commendation of the booke of common prayer : neyther doe wee for the substance condemne it : the times must bee considered wherin he wrote , when the masse was restored , in respect whereof our Leiturgy is much to be preferred . His words further are these , Howsoeuer in tyme past in certayn by matters and circumstances of religion your wisdome and my simplicity ( I grant ) hath a little iarred : Fox Martyrol . p. 1504. epist. ad Hooper . ex epist Rid : ad Hooper . Here the same Reverend Bishop giueth way to Bishop Hooper , and modestly confesseth his too much stifnesse in mayntayning of some ceremonies . But he was farre off from making the booke of common prayer a supply of preaching , and therefore he is here very impertinently alledged . 3. But what vnsauory words are these to say that the reading of homilies and of the booke of common prayer are ordinary and effectuall meanes to continue and increase the people in the true fayth : 1. We had thought that as the word of God is the ordinary effectuall meanes to begette faith : as the Apostle sheweth , that faith commeth by hearing . ( Rom: 10 , 7. ) the word preached . v. 14. So it had beene likewise the ordinary effectuall meanes to encrease faith , according to S. Peter : as new borne babes desire the syncere milke of the word , that yee may grow thereby . 1. pet. 2. 2. Wee are not only begoten by the word , but wee also increase and grow thereby . Hierome , or who also was the author , sayth much better : Quando doctrina non erit in Ecclesijs , &c. when teaching is not in the Church , Reg. monar● . wee know that all vertues perish ; because the word of God is not taught : But if reading were the ordinary and effectuall meanes , &c. vertue for lacke of other teaching , needed not to perish 2. But if they be ordinary meanes , &c. then tell vs , do those Churches which haue no such reading of Homilies . as in Scotland , Geneva , &c want the ordinary and effectuall meanes to encrease them in the true fayth : and shew vs how many of the people haue been converted , and increased in the faith , by these your ordinary and effectuall means . 3. Wee commend reading of scripture , and allow a godly forme of prayer , but not as principall and sole meanes by them selues effectuall or ordinary to increase or beget fayth : More equall seemeth to be that decree of the Lateran Councel inter caetera &c. Among other things , which Lateranens . sub . Innocen. 3. c. 10. concerne the saluation of the people : pabulam verbi Dei per maximè sibi noscitur necessarium . The foode of the word of God is knowne to be most necessary . for as the body is not nourished without materiall food , so neither is the soule without spirituall ?

This decre prefereth the foode of the word of God before all other helpes : not as our brethren which say the defects of some men may be supplyed better , then by preaching . 4. Lastly , our kingly Ecclesiastes hath determined this question , that faith commeth not by reading , but by hearing the word preached , who hauing first taught his princely sonne deligently to read , and to meditate in the word of God addeth further . I ioyne to this the carfull hearing of the doctrine with reverence and attention , for faith commeth by hearing 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 4. saith the Apostle . By preaching of the word then are wee begotten vnto God , and by the same as by a notable ordinary meanes wee grow and encrease . Bernard hath a good saying : qui creauit nos , creatur in De interior . donis . c. 21. nobis &c. He that did create vs , is created in vs , and as though it were not enough that wee haue God to our father he will haue vs to be his mother . fide concipitur Christus , verbi praedicatione nascitur : by fayth is Christ conceaved , by the preaching of the word he is born in vs . The wise man saith : Where there is no vision ( or as the great bible readeth : where the word of God is not preached ) the people perish . prov : 29. 18.

And yet our brethren , as though they had neuer read this place , are not affrayd to affirme that reading is as effectuall a means to encrease men in the faith . I would they had not given occasion to haue Iobs words returned upon them , Iob. 13. 4. lib. 1. in . luc . Yee are all Physitians of no value , and as Ambrose saith : leprae medicina verbum est , contemptus utique verbi lepra mentis est : The medicine agrinst leprosie is the word , and the contempt of the word the leprosie of the soule . they then that extenuate the preaching of the word , are like sooner to encrease , then cure the maladies of the soule .

3. Of Non-residencie . Reasons and arguments against Non-Residents .

1. PAstors are shepheards : but shepheards ought to attend , and bee resident upon their flockes , as it is sayd of the shepheards . Luc. 2. 8. they watched their flocks by night : upon the which words Ambrose well saith : grex populus , nox lib. 2. in luc . soeculum , pastores sacerdotes , esto ergo vigilans : the flocke is the people , the night this world , the sheepheards the Ministers ; be therefore watchfull . Thus the Apostle exhorteth the pastors of Ephesus , attend unto Act. 20. 28 your selues and the whole flock .

2. Diligence and attendance is required in other externall offices : the steward must giue the houshould meate in season . Mat. 24. 41. He that ruleth must do it with diligence . Rom. 12. 8. much more is diligence and residence required where men are set over the peoples soules . Heb. 13. 17. which is more then to haue charge over their bodies and goods . Ambrose saith well : quo praeclarior causa , eo cura debet esse Offic. lib. 1. c. 44. attentior : the better the cause , the greater should be the care .

3. Bernard thus applieth these words of Epist 88. the Apostle , art thou bound to a wife , seeke not to be loosed : aut ergo oportuit te gregem dominicum minimè servandum suscipere , aut susceptum nequaquam relinquere . You ought then either not at all to haue undertaken to keepe the Lords flocke , or being undertaken not at all to leaue it . But if these words of the Apostle will not beare this collection , the other going before will , 1. Cor. 7 , 20. Let every man abide in that vocation , wherein he is called : but Non-residents leaving their flocks abide not in their vocation : ergo , &c.

4. A watchman ought not to leaue his watchtower ( Esay . 21. 8. I stand continually in the watchtower by day , and I am set in the watch by night : but Pastors are watchmen : Ezeck : 33. 7. sonne of man I haue made thee a watchman to the house of Israell , &c. To this purpose Ambrose well writeth upon these words of S. Paul 2. Cor. 6. 7. by watchings , &c. tam sollicitus erat circa officium sibi delegatum , ut ne nocte cessaret : he was so carefull about the office committed to him , that he rested not in the night .

5. The Prophet calleth him an idle sheepheard that leaveth the flock , Zach. 11. 7. Our Saviour nameth him an hireling that leaveth the sheep and flieth : Ioh. 10. 12. But hirelings and idle sheepheards are not to be suffered in the Church . Augustine saith well , Quae igitur fuga cavenda est , &c. What fleeing is to be shunned ; even that whereof our Lord speaketh ; the hireling when hee seeth the theefe flieth . Psal. 141.

6. They that feed not the flocke of Christ , are convinced not to loue Christ ; for our Saviour sayd to Peter , Louest thow mee feed my flock . Iohn . 21. whereupon Damasus well saith : omnis negligenter pascens , Damas . epist. 4. decretail . &c. every one negligently feeding the Lords flocke so often commended is found not to loue the chiefe shepheard : nec eius se velle discipulum fieri , cuius exemplum negligit imitari : Neither will become his disciple , whose example he neglecteth to imitate .

7. Non-Residents cannot discharge their pastoral duty being absent , as it belongs to the sheppard to heale the sicke , to bind up the Esa. 34. 4. broken , to seek that is lost . Bernard saith wel : quomodo securus abis , qui gregi tibi commisso omnem de se securitatem aufers , &c. How Epist. 4. canst thou bee secure being absent , when thy flocke cannot be safe or secure , who shall comfort them in their tribulations , provide for them in their tentations : quid facient novellae plantationes Christi , &c. What shall the tender plants do , set with thy hand , who shall dig and dung them about , hedge them in , & prune them , &c. these duties it is impossible for non-residents to performe .

8. That is not to bee suffered , which bringeth apparant perill and danger to the flocke : but this doth the absence of the Pastor : when the shepheard is absent , the wolfe commeth to devoure . Ezek. 34. 5. they were scattered without a sheepheard , and were devoured of all the beast of the field . So Ambrose saith , lupi explorant pastoris absentiam , quia praesentibus pastoribus oves Christi incursare non possunt : The wolues do wait for the pastors absence , for while they are present , they cannot invade the sheep of Christ , Lib. 7. in Luc.

9. Non-Residencie doth lay an heavy burthen upon the pastors themselues : God will require the sheep at the sheepheards hand : Ezech. 34. 10. and if the watchman warne not the people , When the sword commeth God will require their bloud at the watch mans hand : Ezek. 33. 6. So Hierome well saith detrimentum pecoris , ignominia Hier. ad Huriam . pastoris : the losse of the flocke shall bee a shame and confusion of face to negligent sheepheards .

10. Wee will in the last place adioyne the consent and practise of the Church against The constitutions of the Church against non residentes . Non-Residents .

First the Canons haue limited the time of the Pastors absence : si intra sex menses non redierit , &c. If he that is Non-Resident returne not within six moneths , hee must bee depriued . Innocen . 3. Greg. 3. 4. 11. Qui infra proximum mensem , &c. Hee that refuseth to be resident within one month , let . him bee deprived : Synod . Hildeshemen . c. 16. But the ancient Canons giue not so much liberty . Episcopus per tres Dominicos , &c. The Bishop must not bee absent aboue . 3. Lords dayes from his Church . Sardic . c. 4. Oportet eos qui persunt Ecclesiis , &c. they which are set over Churches ought every day , but especially the Lords day to teach the people precepts of Godlinesse out of the Scriptures . Tertull. c. 9.

Secondly the Canons punish such Pastors , as are absent from their flockes : he that returneth not to his Church : oportet communione privari , must bee put from the Communion : Antiochen . c. 17. as it is alleadged , distinct . 92. c , 7. Et qui receperit , amittat . &c. he that will not be resident let him leese that which he received , and he that gaue it , be deprived of his gift , Later . sub . Alex. 3. c. 13 ,

Thirdly Non-Residents are deprived of all priviledges , or benefit of law : Qui Ecclesiae non deservierit , &c. he that attendeth not upon his Church , must be deprived , sublato impedimento appellationis : without having any remedy by appeale : Decr. Greg. 3 , 4. 6. non obstantibus indulgentijs Apostol. revoces eas ad residentiam &c. notwithstanding indulgence Apostolicall call them home to their Churches . Decr. Greg. 3. 4. 16.

4ly . Gratian the Empr. made a Law , that advocates chosen to any place of government in their country should not extra eam evagari , wander abrood from the charge . Cod. l. 2. tit. 7. leg . 2. And Iustinian decreed that advocates aboue 3. yeares absent from the citty should lose their priviledge ibid. ti. 8. l. 7. much more is the residence of Pastors required in their Churches , who haue cure of souls , if their presence be so necessary , that haue charge onely of mens bodies and goods .

Obiections Answered 1. Obiect . Many haue two parishes committed unto them , which both will not make one living .

Answ: 1. It were better the pastors should want maintenance then that many soules should perish for want of instruction . 2. where the Church hath not maintenance inough of it selfe , it is not helped by accepting of another , for that Minister , which is the others substitute is in want still , so the parson is provyded for , but neyther the place , nor the people . 3. in this case prouision may bee otherwise made for mayntenance , then by pluralities , as by disposing otherwise of impropriate tithes : that such as are not yet improved , might bee demised for the old rent to the incumbent preacher : such as are improved should bee taxed with a convenient portion , issuing forth to the preacher : as also Churches may bee vnited for the same end : which vniting is by the Canons allowed in 4. cases . 1. for the paucity and fewnes of the people : quae minus In what cases Churches may bee vnited . decem mancipia habeat alijs coniungatur Ecclesijs Toletan : 16. can. 4. 2 : propter vicinitatem loci , for the neerenesse of the place , as Gregory did vnite Cumanam & Micenatem Ecclesias . Vicinitas loci nos inuitat caus . 17. qu. 1. c. 48. 3. When any Church is vasted or decayed : post quam hostilis impietas diuersarum ciuitatum vastauit Ecclesias : caus . 16. qu. 1. c. 49. 4. si ita fuerint tenues in substantia , & . If they bee so small in substance , that they are not able to mayntayne the proper pastor : Greg. 1. 14. 4. 4. This obiection helpeth not them that possesse many and rich benefices , who are not driuen to haue pluralities of necessity , but of an ambitious and covetous mynd , and superfluity .

2. Object : Many haue but one parish , &c. which would require two or ten men to speak at once &c.

Answ. Neither doth it follow , because some parishes are large , and haue many Chappels , which would require two or ten men , &c. that therefore a man may be as well non resident in diverse Parishes . 1. the one is a non residence necessary , it being but one parish by the law , the other voluntary : the Chappels are united for neerenesse of place and want of sufficient maintenance : but some haue Churches far distant , which each of them would suffice for the Pastors sustentation : therefore the reason is not alike . 2. Such What course should be taken with large parishes large Parishes might without any inconvenience bee devided , as large Diocesses haue been shared into diverse : as the Bishopricke of Tholouse was devided into fiue : Extravag . com . lib. 7. tit. 2. cap. 5. And heere in England the Diocesse of Ely and Oxford were taken out of Lincolne : So also large Parishes might safely be apportioned into more : Propter nimiam distantiam Ecclesiae &c. For the great distance of the Church a new may bee builded in the parish , and a certaine portion of maintenance bee allotted . This liberty Alexanber the third granted in his rescript to the Arch Bishop of Yorke . Decret. Greg. lib. 3. tit. 48. cap. 3. 3. Or else he that is Rector of the Mother Church ought to provide sufficient maintenance for the Chappels : as Vrbane the second tooke order in the Placentine Synod ; Si quae capellae sunt quae suis reditibus , &c. If there bee any Chappels which are not able by their revenue to maintaine the Clerkes , the Rector of the mother-Church shall provide both for the maintenance and Ecclesiasticall duties in the Chappels . The like constitution was made Consil . Oxoni . sub Stephan . In singulis parochialibus Ecclesijs , &c. In every parish church where the Parish is scattered , there shall be two or three Presbyters , according to the largenesse and ability of the church , lest when one is sicke , the ordinary duties should be withdrawne .

Object . 3. It hath been permitted by wise and godly Magistrates , that haue given way unto it , &c.

Answ. 1. If Princes haue given way by their lawes to non-residency , forced through the iniquity of times , to tollerate that which they could not altogether remoue : that doth no more make it lawfull , then for the same reason vsury should be approved , because in some positiue lawes it hath been in some cases permitted .

2. If it hath been in some cases and in some persons permitted , and them of best desert , this is no excuse for non-residency for most parsons that will ; and many of them of meane desert , and upon small colour and occasion as it is now practised .

3. Princes rather , and other Magistrates civill and Ecclesiasticall , haue by lawes more restrained then permitted non-residency , as hath beene declared before . arg. 10.

Obiect . 4. That it is absolutely unlawfull &c. neither hath beene proved or euer will , &c.

Answ. Absence from the flocke for a time upon necessary occasion is permitted both by the Scriptures and by the ancient Canons . As 1. for the service of the Church , as Paul saith , Bring Mark with thee , for he is profitable unto me to minister In what case the pastors absence is permitted for a time from his flocke . 2. Tim. 4. 11. So Ambrose , Paucorum dierum occupatione detentus , &c. being detayned Turrian few daies called away by the necessities of another Church , I haue been absent from your Assemblies . Ser. 28. Pro servitijs Ecclesiae , &c. A man may bee absent for the seruice of the Church , as being present at Councels , disputing against heretickes , and such like . Decret. Greg. lib. 3. tit. 4. cap. 13.

2. When the flock it selfe doth pursue their Pastor . Si quis plebis , &c. If any man be absent because of the opposition of his people . Antioch . can . 18. In this case Paul shooke off the dust of his feet against the Iewes , and turned to the Gentiles . Act. 13. 46. But it is not the stubburnesse of a few that should make a man leaue his flock , as Augustine excellently sheweth ; Thou wilt say , Feci omnia , nihil me video profecisse , &c. I haue done what I could , yet I profit not , I would I might rest somewhere else , Oh that I had the winges of a doue , &c. Thus men say , Sed plerunque ita ligantur , ut volare non possint , ligantur non visco , sed officio . But they are bound , they cannot flie , not with bird lime , but in duty . Therefore seeing they cannot forsake their flocke , let them say with the Apostle , I desire to bee dissolved , and be with Christ . Aug. in Psal. 54. It must not be then the perversnesse of some , but the resistance of the whole flocke , which should force a man to depart in this case .

3. For healths sake the Pastor for a while may be absent , as to change the aire , or when he is deteyned by sicknesse , as Epaphroditus was kept from the Phillippians , Phil. 2. 26 , 27. So Gregory caused one to be restored , Qui aegritudinis causa per duorum mensium spacium Ecclesiae defuit , which by occasion of sickenesse had been absent two moneths . Caus , 7. q. 1. cap. 3. As Augustine when he was sicke removed from Hippo. Epist. 56.

4. In time of persecution our Saviour alloweth to flee from one Citty to an other , Mat. 10. 23. Metu hostilitatis . caus. 7. qu. 1. cap. 42. But doth it therefore follow , if for a time upon those necessary occasions , the Pastor may be absent , that therefore he may upon an ambitious covetous humor , and at his pleasure , and that very often , or continually absent him selfe .

Object . 5. In what congruity may hee bee counted an idle non resident , that is alwaies present in some part of his charge , &c.

Ans. And is it enough that a man at some time , and in some part of his charge take pains ? what dawbing is this ? Then giue a man 10 or 20 Benefices , for he may at some time , and in some one of them doe a little duty . Let us bee ashamed that professe the Gospell to use such cloakes which the Church of Rome hath rejected . Later . par . 29. cap. 6. This is rendered as a reason why one should not haue diverse offices in diverse Churches , Quia singula officia quae sunt in Ecclesijs , assiduitatem exigunt personarum : Euery office in the Church requireth the assiduity of the persons . Colon. part . 1. cap. 32. Vnus Presbyter per omnes sibi commissas Ecclesias solus nec persolvere potest , &c. One Presbyter cannot do all the duties in all Churches committed to him . Mogant . cap. 64. Vnus pluribus Ecclesijs curam impendere necessarium nequit . One cannot take care for many Churches .

Object . 6. There are no more intollerable non residents then some &c.

Ans. That some of the Petitioners or such as favour them are intollerable Non-residents , are but idle words , and are worthy of no answere . The Confuters shall never bee able to shew any such thing .

Object . 7. It is impossible ( as church livings Vntruth . Non-residents helpeth not , but hinder a learned Ministerie . are now allotted ) that non-residency should not be permitted , and yet a learned ministry maintained , Princes and Peeres attended upon , &c.

Ans. Non residency nourisheth an unlearned Ministry ( so far is it from maintaining a learned ) when poore Curates are constrained to serue for small stipends , and as the Synod of Collen truly complayned , Colouiens . sub Alph. med. 3 c. 9. Churches are spoiled of their due services . Meliores , qui laborare in Ecclesia cupiunt , excluduntur . They which would doe more good in the Church , are excluded . As though Princes and peeres were not able to maintaine Chaplens to attend upon them , but such as liue of their flockes where they labour not . It is ambition that draweth such to Princes Courts , not any necessary service , which is contrary to the Canons , Sardicens . cap. 8 , 9 , 10. Episcopus ambitione magis quam Deo servire , si videbitur , &c. A Bishop rather for ambition then Gods service , going to Court , must bee depriued , ( yet his Maiesty as reason is , may haue to preach before him men of the best gifts , without any long absence from their flockes . ) Bernard when Pope Innocent sent for him refused to goe , making Epist. 153. his answere : Non dico , juga boum , aut villam emi , &c. sed plane parvulos me lactare fateor &c. I say not I haue bought oxen , or a farme , but I suckle little ones , and therefore I see not how I can come without their great danger .

Vniversities are not maintained , but hindred by non-residents , when by this meanes the elder sort liue there like drones , and keepe out yonger students , that might doe more good . As for the masters of howses , most of their places are sufficient without other helps to maintaine them in competent sort , the other might be provided of dignities without cure , that they need not clog themselues with benefices . Cathedrall Churches also may be served with residence of Prebends by course : there is no necessity of continuall or long absence from their flockes for this cause : the onely inconvenience is to their purse , if they bee not perpetuall residents , according to that Canon which forbiddeth , Ne canonici non residentes , quotidianas distributiones ex integro perciperent . They should but so much want of their divident .

Wherefore ( most noble King ) 1. Seing sheepheards ought to attend upon their flock . 2. and Stewards upon their charge . 3. and every one must abide wherein hee is called , 4. seeing ministers are watchmen , 5. and they which flee from their flocks are idle shepheards and hirelings , 6. they which feed not the flocks loue not Christ , 7. and they which are absent cannot discharge the pastoral duties , which are many , 8. seeing non residency bringeth apparant danger to the flock : 9. and maketh the Pastor inexcusable : 10. and is condemned by the Canons and constitutions of the Church . And further , seeing nothing of any moment can bee alledged in excuse of Non-residents , 1. Neither the smalenesse of living , 2. nor largenesle of the parish , 3. nor sufferance by some positiue lawes , giving way to the time , 4. nor absence upon some necessary occasion , 5. Seing non-residency tendeth not to the maintenance of learning , Court , Church nor Vniversity : we trust your Maiesty is resolved to cherish good Pastors , and to see all Churches planted with such , as shall reside to doe their duty among their people . And to say with Ambrose , Ego Amb epist. 54. diligo eos vel Presbyteros , vel Diaconos , qui cum aliquo processerint , nequaquam se patiuntur a suo diutius abesse munere . I loue such Presbyters and Deacons , who when they are gone abroade , will not long be from their charge .

ARTIC. 4. Of the Marriage of Ministers .

IT is well our Brethren consent with us for ratifying of the civill marriage of Ministers : we would also , that they did accord with us concerning their spirituall marriage , whereof Ambrose thus writeth upon these words of the Apostle , Vnius uxoris virum , &c. Prohibet bigamum Episcopum ordinari , si vero ad altiorem sensum conscendimus , inhibet Episcopum duas usurpare Ecclesias : He forbiddeth a Bishop that hath two wiues to be ordained : but if we will go to an higher sense , he forbiddeth a Bishop or Pastor to usurp two Churches .

The fifth Article of Subscription . Reasons against subscription to the book .

1. MINISTERS were forced to subscribe to many things not warranted by the word : In such cases the Apostle giveth this rule : to whom we gaue not place by subjection , not for an houre : Gal. 2. 5. And Hierom confidently saith : Ego libera voce reclamante mundo profiteor , &c. I doe Ierom. Augustine . freely professe though the world say nay , that the ceremonies of the Iewes are deadly , and pernicious to Christians , and whosoever observeth them is cast down into the Devils dungeon . Wherefore in imposing subscription , not to Iewish onely , but which is worse to ceremonies used in the Popish Church , they layd a yoake upon mens shoulders too heauy to beare .

Secondly , seeing the preachers consented in all substantiall points of doctrine , they should haue used their Christian liberty in such ceremonies according to the Apostles rule : the kingdom of God is not meate nor drink ( nor by the like reason apparell ) but righteousnesse , and peace , and ioy in the holy Ghost , for whosoever in those things serveth Christ is acceptable to God , and approved of men : let us follow those thing which concerne peace , and wherewith one may edifie another . Rom. 14. 18 , 19. Vniformity in ceremonies then should not haue been so strictly urged , seeing there was a generall consent in doctrine , but forbearance should haue been vsed in matters ( say indifferent ) for peace sake : in una fide nihil officit Ecclesiae sanctae consuetudo diuersa . Toletan . 5. can. 5.

3. Though it had been a fault in the preachers not to be conformable in these ceremonies , yet did it not deserue so great a punishment , as suspension , degradation , incarceration , deprivation : that Non-residents , idle , ignorant , superstitious , adulterous Clergie men were not so proceeded against as honest painful preachers , what was this else , but with the Pharisees to straine at a gnat and swallow a Camell . Such severity in trifles was taxed long ago by Augustine : hoc nimis doleo , &c. this They were wont to obserue the 8. day after baptisme , Aug. contra Petil. 2. 37. Aliud est quod octave die baptizatornm nos celebramus . much greeveth me , that many things wholesomely commanded in Scriptures , are not endevoured , and all things are so full of humane presumptions , that he is more censured that in his octaues setteth his bare feete upon the ground , then he that is given over to drunkennesse Epist. 11. c. 19.

4. Profitable ministers though wanting in some externall matters should haue been borne with for the common good of the Church : this course S. Paul tooke : what then ? yet Christ is preached all manner of wayes ; whether under pretence or sincerely , I therein ioy , and will ioy : Phil. 1. 18. Thus Hierom saith well : Ecclesia numero superata Advers. Ioan bierosol . peccantium , &c. the Church overcome with the number of offenders doth pardon the shepheard to do the sheep good . Yea the Canons allow a toleration for the profit of the Church , Vbi Ecclesiae maxima utilitas , vel necessitas postulet ; where the necessity or utility caus. 1. q. 7. cap. 17. of the Church so requireth . There was small reason to thrust out preachers for trifles , there being such want of preachers , 4000 Churches in England yet being without . 5 , Subscription was urged by force not by perswasion , there was no course taken to resolue them that doubted , and Bishops peremptorily required subscription , without yeelding any reason further , or satisfaction to the doubtfull contrary to the Apostle , who saith : not that we haue dominion over your faith . 2. Cor. 1. 24.

But they which urged subscription commanded , they perswaded not mens conscience , the Church of Rome some time was more equall , as Leo , 1. thus writeth : plus erga corrigendos agat benevolentia , quàm severitas : plus cohortatio , quàm comminatio : plus Charitas , quàm potestas , &c. with those , that are to be corrected , let Clemency prevaile more then severity : cohortation then commination : charity , then authority , but they which seeke their own , not Iesus Christs , doe swarue from this Law , which seek rather to rule then counsell their subiects for while honour pleaseth , pride puffeth up , that which was provided for a remedy to a malady . Leo epist. 82. distinct. 45.

6. In the urging of subscription they forget Christian compassion stripping Ministers ; and some of them aged of their livings to the undoing of themselues , their wiues , and children . Iosias shewed more compassion to the Chemarims that were idolatrous Priests : who though they were not permitted to come up to the altar , yet did not eate unleavened bread among their brethren . 2. Reg. 23. 9. they had their maintenance from the temple . The Popes Canons herein were more equall , that pittied old age , as Gregory thus decreeth sed quia simplicitatem tuam cum senectute novimus , interim tacemus : the penall sentence was ready to be inflicted , but because wee know your simplicity ioyned with old age , we hold our peace . Caus. 1. q. 7. can. 11.

7. This forcing of subscription to Ceremonies not warranted by the word , is contrary to the Scriptures and practise of the Church : In Nehemiahs time Subscription was required , and an oath of the chiefe of the people , but it was onely to walk in Gods Law : Neh. 10. 29. not to keepe any traditions not written . When Victor would haue forced the East Churches to keep Easter , as the Latine Churches did , and was resolved to excommunicate them certaine Christian Bishops , and Irenaeus among Euseb. lib. c. 22. the rest did reproue him , tanquam inutiliter Ecclesiae commodis consulentem , as unprofitably regarding the Churches good . There arose in Gregory the first his time a Tolet. 4. c. 5 great difference in Spaine about the thrice dipping in baptisme , some doing it but once , Leander , a Spanish Bishop sent to Gregory about it , who determineth that the Infant was baptized : sive trina , sive simpla mersione : whether with thrice or once dipped , hee would haue no contention about that ceremony . But his successours more rigorous , then charitable , one decreed that it was Evangelicum praeceptum , Part. 3. dist. 4. c. 82. an Evangelicall precept to dip thrice . Another , that hee was not a perfect Christian that was not thrice dipped . Lastly , Pelagius . it was decreed in the 8. generall Councell at Constantinople , that whereas Photius the Can. 8. 9. concil . general . Constantinop . usurper of that sea did extorquere chyrographas , &c. extort from clergie handwritings , promising thereby to cleaue unto him , and he againe gaue them by his hand writing faculties to preach . And certaine Catholicke Bishops had taken up the like custome to urge subscription . The contrary was decreed by that Councell : ut Episcopi nullus chyrographas , &c. that Bishops should no more exact such subscription : sed tantummodo fierent solennitates de more , but to be content with the old use : they should enforce no new subscriptions , but keepe the old customes & solennities . The Bishops then in urging new subscriptions to combine the Clergy to cleaue unto them , & not otherwise to grant them licenses to preach , did reviue the corrupt use of Photius the pseudo-Patriark condemned in this Councell .

8. To require absolute subscription to the booke is to make it almost equall to the Scripture , as freed from all errour , but this properly the holy writings onely haue , viz. to bee perfect , right , pure : Psal. 19. 7. The Law of the Lord is perfect , the statuts of the Lord are right . What could be required more then to subscribe absolutely to the word of God , as pure , perfect , and without any errour . Augustine well distinguisheth between divine and humane writing : de Scripturis canonicis non licet dicere , &c. of the Canonicall Scriptures it is not lawfull to say , the Author was deceived , but in other books which are written by us , not with authority of precept , but exercise to profit , though there be found the same verity yet are they not of the same authority , which kind of writing must be read not with necessity of beleefe , but liberty of iudgement , Aug. cont. Faust . l. 11. 5. But there is now no liberty of iudgment left , but necessity of beliefe imposed in this absolute subscription .

9. Beside , this violent course of subscription hath bred a great scandale in the Church , & disturbed the peace thereof , that whereas quietly before Ministers ioyned together in building the Lords house , after the same began to be urged , then suspensions , imprisoning , silencing , depriving of many profitable ministers followed . Saint Paul saith , Would to God they were cut off that disquiet you . Gal. 5. 12. They were disquieters of the Church that urged the ceremonies , not they that refused them . Conscience forced not the one to urge subscription : for they themselues hold these Ceremonies not to bee necessary : but conscience moved the other in not subscribing unto them . Who were then disturbers , they which urged those things , which with a good conscience might be left : or they which refused those which with a good conscience they thought they could not use . There is a rule in the law , In rebus dubijs pars tutior sequenda ; In doubtfull matters the safer way is to be followed . Not to use such rites and ceremonies is no sin : but to yeeld unto them , in him that is not resolved , is sinne . The law resolveth , that the lesse doubted course should be taken , not to use them at all . Cyrillus thus writeth to Gemadius : Sicut ij qui mare navigant , &c. As they which saile in the Sea , when a tempest ariseth , and the ship is in danger , doe disburden it of some things to saue the rest : so seeing it is not in our power to saue all , despicimus ex ijs quaedam ne cunctorum patiamur dispendia : Wee seeme to neglect or winke at some things , lest wee should leese all . So it had been better to haue cast out such burthenous ceremonies , then to put the ship of the Church in hazard , and disturbe the peace thereof .

10. The forme of , subscription is contrary Subscription contrary to law . to the law of the land , as may appeare by these reasons , 1. The Law requireth subscription onely to the Articles of Religion in these words , He shall declare Anno 13. Eliz. c. 12. his assent , and subscribe to all the articles of Religion , which onely concerne , the confession of the true christian faith , and the doctrine of the Sacraments . But to subscribe to the booke of common praier , doth not onely concerne the confession of true Christian faith : Ergo by the lawe it is not to be subscribed unto .

2. That which Ministers doe subscribe unto by law , must appeare under the seal , testimoniall of the Bishop , and bee publikely declared in the Church within two moneths of induction : but neither doth the testimoniall make mention of subscription to the booke , neither is the Minister bound to declare his assent thereto in the Church : Ergo it is not agreeable to the law .

3. The law especially enacted concerning An. 1 , Eliz. cap. 12. the booke of Common praier onely punisheth such as doe not obserue it , and use the rights and ceremonies therein prescribed , it punisheth not such as refuse to subscribe thereunto : so that the law requireth onely obedience in practise , not subscription in iudgement to the booke .

4. This may appeare in the equity of other lawes and statutes of this land , as for the observation of lent and fasting daies , and other such matters , whereunto it requireth not subscription , but onely execution : and a faithfull subiect will be content to yeeld his observance and obedience unto many lawes , whereto hee would be loth to giue his assent .

Wherefore seeing subscription to the booke is first against piety , in that many things are there prescribed , not warranted by the word : 2. without any necessity . seeing there is a consent in the substantiall points of faith : 3. with great partiality in punishing , more for ceremonies then other greater transgressions : 4. against the utility of the Church in depriving the same of so many profitable men : 5. preposterous enforcing by authority , not perswading by argument : 6. against charity in not sparing aged Ministers , their wiues and children : 7. contrary to the practise of the Church : 8. equalizeth humane writings to Scriptures : 9. disturbeth the peace of the Church : 10. is against the law of the land . A most happy service your Maiesty should doe unto Christ , benefit to his Church , contentment to your best disposed subiects , to remoue this hard yoake and heavy burthen of subscription : and doe herein as good Constantine did , who when bils of complaint were brought unto him by the Bishops , cast them into the fire , and made a peace among them . And as Pompey intercepting a packet of letters sent to Sertorius tending to sedition , burned them . And as Basilius the Emperour caused all the syngrapha and subscriptions , which Photius had of the Ministers to be committed to the fire . concil . gener . 8. Act. 8.

Obiections . 1. Obj. BVT it will bee objected that the most part of the parishes of this land haue subscribed already , as the Bishops haue to shew in their bookes of subscription , onely a few persons excepted .

Answ. To this we haue answered before at large in the defence of the generall censure : Art. 3. And of the preface ; art. 6. upon what grounds and reasons some were resolued in respect of the tyme to tolerate by subscribing that which simply they thought not fit to bee prescribed to the Church .

2. Obiect . This forcing of subscription hath made an vniformity in the Land , and wrought great peace in the Church .

Answ. 1. Wee haue shewed before that nothing hath bred greater variance and disturbance in the Church then this torture of subscription . 2. It was such a peace as Hierome speaketh of , which the Hierom. ad Theophil . Patriarke of Hierusalem brought his Clergy to : quod si pacem habere non potest cum fratre , nisi cum subdito , ostendit se non tam pacem capere quam sub occasione pacis vindictam . If he cannot haue peace with his brother , vnlesse he be his subject , he desireth not so much peace as revenge vnder that colour . And againe : nihil grande est pacem voce praetendere , & opere destruere : It is no great mater to pretend peace in word , and ouerthrow it in deed . so the urgers of subscription pretended peace , but they intended it not , but rather extinguished it , of whom we say with Hieroms words : Moneas illos pacem non extorquere , sed velle : Tell them they should not extort peace , but exhort vnto it .

3. Object Wee know no subscription vrged not disagreeable to law .

Ans. That the subscription vrged is not agreeable to law is shewed before , arg. 10

4. Object . At Geneva they strictly tie all &c. to the observation of their Church government , &c.

Answ. If the Church of Geneua vrge a But to nothing in controversie as our ceremonies and Discipline . conformitie to that which they are able to warant by the word , and haue a positiue lawe for the same , that can bee no rule or president for such subscription and conformity , which is not so warranted . And if either they or any other Chur. shal impose subscription to that which is not grounded vpon the word , wee neyther defend nor commend it .

Object . 5. Not vrging a conformity in Church discipline is to set open the highe way to all disorder and confusion , &c.

Answ: Though it may be remembred that in the tyme of popery , when they stood more vpon conformity in ceremonies , then protestants doe , there were 4 or 5 kinds of diverse seruices in the laud , some following the vse of Sarum , som of Bangor , some of Lincolne others of Hereford , orhers of Yorke : yet we mislike not a conformity euen in externall matters . But first let no thing bee vrged , but that which may be warranted by the word , then let our brethren call for an vniuersall conformity . And wee could wish the same rule to bee kept which Gregory the 1. some time prescribed for England : non pro locis res , sed pro rebus loca amanda sunt : ex singulis ergo quibuscunqe Ecclesijs , &c. Things must not be loued for the place , but the place for the things : therefore out of every Church chose such things as are godly , religious , right , and these bound as it were in a bundle , lay vp in English harts : wee could wish likewise that for ceremonies wee followed the best reformed Churches .

The Defence of the third part . Reasons and arguments against Plurality of Benefices .

1. Arg. OVr Saviour Christ Describing a good shepheard in his owne persone sayth : I am the good shephard , and know myne owne , and am knowen of mine . Ioan. 10. 14. A good shepheard then must be conversant among his flocke , as the preacher sayth : Agnosce vultum pecoris tui : Be deligent to know the state of they flock and take heed to the heards , prov : 27. 23.

But so cannot they doe that haue many flockes . Damasus herevpon well sayth : si domini desideramus esse descipuli , ipsius imitemur Damas epist. 4. decret. vestigia , &c. If wee desyre to bee the Lords disciples , let vs walke in his steppes , that it may bee sayd of vs , I am a good she epheard and know myne owne , and call them by name , &c.

2. Arg. A faithfull Pastor must not bee given to filthy lucre . Titus . 1. 7. but to haue two or mo benefices , proceedeth of covetousnesse . Nicen. 2. can . 5. Clericus ab hoc deinceps tempore in duabus Ecclesijs non collocetur hoc enim est negotiationis , & turpis lucri proprium . A Clergie man must not be placed in two churches , for this savoureth of filthy lucre .

3. Arg. S. Paul saith , Let every man wherin he is called , therein abide with God . 1. Cor. 7. 24. But they which are called to one Church , and after accept another , remaine not in their first calling . This reason is used by the same Councell against the having of two Churches : Ab ipsa Domini voce audivimus non posse quenquam duobus Dominis servire , unusquisque in eo quo vocatus est debet manere . We haue heard from the Lords owne mouth , No man can serue two Masters , Every one ought to remaine in that to which he is called .

4. Arg. The Apostle saith , Who is sufficient for these things . 2. Cor. 2. 16. A man is not sufficient to discharge one cure , much lesse can he supply the Pastors duty in divers . This reason was used in the Lateran Councell . part. 1. cap. 13. sub Alex. Cum unum officium vix supplere possint , stipendia vendicant plurimorum : When they cannot do one mans duty , they challenge the stipend of many .

5. Arg. The Apostle againe saith , If there were any that would not worke , hee should not eate , 2. Thess. 5. 10. But pluralists worke not in their charge from whence they are absent : Ergo , they should not eate of such flockes . This reason is urged Oxoniens . sub Stephano , Si residere noluerint , cum non nisi laborantibus panis dandus sit , Ecclesijs per Episcopum spolientur : If they will not be resident , seeing bread must bee given onely to them that labour , let them bee deprived .

6. Arg. That use and custome which maintaineth hirelings in the Church , and an unpreaching and insufficient ministery , is not to be suffered in the Church : for our Saviour speaketh against hirelings and mercenary Pastors , Ioh. 10. 13. An hireling flieth , because he is an hireling , &c. But the plurality of Benefices bringeth in hirelings . This reason is used by Innocent . 2. Ne Ecclesiae conductitijs presbyteris committantur , caus . 22. q. 2. c. 5. Lest the church bee committed to Hirelings . This complaint was made many yeares since , as is extant , opusc . trip . lib. 3. c. 6. Quando ponantur vicarij , &c. When hirelings are placed , respect is not had to the sufficiencie of the person , but to him that will serue for least wages .

7. Arg. It is not fitte that some Ministers should a bound , and others want : that some men should bee eased , others greeued , as the apostle saith , but that there be an equalitie . 1. Cor. 8. 14. Inhonestum videtur vt alij sacerdotes habeant , alij detrimentum patiantur ? Decr : caus , 16. qu. 7 - c. 1. But pluralities cause many Ministers to bee in want , and by this meanes keepeth them out of the Church , that would doe much good : Meliores qui laborare in Ecclesia , &c. The better sort , that would labour in the Church ; are excluded , and are forced to profane studies , when as they might be an ornament to the Church : Coloniens : sub Adulpho med. 3. c. 9.

8. Arg. S. Paul would haue the pastors to bee examples to their flocke , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , to bee as seales to leaue a print vpon theyr people . The latine text addeth by way of exposition Exanimo , to bee examples fram the heart . 1. Pet. 5. 3.

And Augustine therfore fitly sayeh , the Ser. 40. ad fratres in cremo . pastor is compared to the oliue , propter vim oleae triplicem : nam illuminat , pascit , & fessa membra fovet , &c. oyle doth lighten , feed , and cherish : so Prelates should illuminate by the word , feed by their example , foster the poore by temporall benefites . One of these the Pastor may doe being absent , to feed the needy ; but the other , to feed by his example , and lighten by doctrine , he cannot do , unlesse he be present .

9. Arg. Gregory gathereth this argument against pluralities out of that place of S. Paul : If the whole body were an eye , where were the hearing ? 1. Cor. 12. 17. Sicut indecorum est , ut in corpore humano alterum Distinct. 89. cap. 1. membrum alterius fungatur officio , &c. As it is unmeet that in the body one member should do the office of another : so it is hurtfull if every ministration bee not to severall persons distributed .

10. Arg. We will now shew how this abuse of coveting after divers Churches , hath been censured by the ancient Canons . 1. They are decreed to be disgraded : Non licet clericum in duabus simul Ecclesijs conscribi , &c. qui aliter fecerint , cadant de proprie gradu . Chalc. c. 10. 2. They were deprived of the benefice received after the first : si aliter factum , qui receperit , amittat , Lateran . 1. c. 13. 3. Et qui dederit , largiendi potestate privetur , ibid. The patron in this case lost his gift . 4. Electio cassatur : His election and admittance that had other dignities , is made voyd , Greg : lib. 3. tit. 5. c. 18 5. Si illud forte retinere contenderit , alio spolietur . He that contendeth to hold the first , having accepted the second , shall loose both . Lateran . sub . Innocent . 3. c. 29. 6. Excommunicatur nisi ad proximam revertatur Ecclesiam . Chal. c. 20. He is iudged to be excommunicate , that returneth not to his owne Church .

Obiections .

1. Obiect . THESE canons meane , that no man should bee set over two citties , or great townes , not any two Churches .

Answ. The cleane contrary is evident : Episcopi non in castellis , &c. Bishops must not be set in small towns but presbyters should be by the Bishops ordained in villages and towns : singuli tamen per singulos titulos suos : but severall persons in their severall titles . Anaclet . distinct . 80. 3. Here it is evidently expressed that the smaller towns shall be committed severally to several pastors . So likewise Dionysius : Ecclesias singulas singulis presbyteris dedimus : wee haue graunted every Church to his proper presbyter . caus . 13. q. 1. c , 1. Nullus presbyter duas habeat Ecclesias : no presbyter must haue two Churches , Alex. caus 16. qu. 7. c. 20. In duabus Ecclesijs clericus conscribi nullo modo potest . A Clarke must by no means be placed in 2 : Churches : caus. 21. q. 1. c. 1.

2. Obj. Where the maintenance of the Minister is small there it is fit the minister should unto it adioyne another .

Answ. To this see our answer before : defence of the second part of the petition art. 3.

3. Obj. Why may not one man hold two or three benefices , as well as one hold a Church with two or three Chappels .

Answ. To this we haue answered likewise before : defence of the second part of the Petition . art. 3.

4. Obj. The Canons onely spake against pluralities that are held without dispensation , not otherwise .

Answer . By these means if pluralities were lawfull by dispensation , all the restraints by Canons would bee nothing else but engines to draw profits to Courts for faculties and dispensations . 2. The Canons haue no power to dispense with any precept or constitution of the Scriptures , as this is of Residence and attendance upon the flocks of the people . 3. But the better Canons doe allow in this case no dispensation at all . Greg. Decr. lib. 1. tit. 6. 54. The Canon calleth concessionem per Archiepiscopum Dispensation for pluralities not good by the Canons . factam frivolam excusationem . The grant or dispensation made by the Archbishop to hold more Churches , a frivolous excuse . Greg. lib. 3. tit. 5. c. 6. Ad mandatum Papae , &c. At the commandement of the Pope one is not bound to provide for him that hath a benefice already , who cannot bee provided for without scandall . Extrav . Ioan. tit . 3. c. 1. Obtinentes plura beneficis curam animarum habentia ex dispensatione virtute illius non poterunt retinere nisi unum . By vertue of a dispensation one can hold but one benefice . This canon is repeated verbatim , Extrav . Com , lib. 3. tit. 2. c. 4. And it is the last canon in force of this matter .

5. Obj. Some that would seeme to make more conscience then others , do thinke that if they hold but one benefice with cure , that it is no transgression of the Canons to heape vp and multiply other dignities , as many as they can get .

Answ. Yes even this also is forbidden by the Canons . Venet. concil . can . 8. Abbatibus singulis diuersas cellas vel plura monasteria habere non licet , &c. It is not lawfull for Abbates to haue diuerse celles or monasteries , one ought to be content with one Archdeaconrie . Lateranens . part . 24. c. 5. Illud omninò est rationi contrarium , &c. It is against all reason that one person in diuerse Churches should haue an Archdeaconry and Deanery , when as every office in the church requireth personall attendance . Lateranens : part . 39. c. 6. Nullus debet habere plures vicarias : None ought to haue diuers vicarages , Decr. Greg. lib 3. tit 5. c. 5. The Canon caleth multitudinem praebendarum canonibus inimicam The multitude of prebends an enemy to the canons . Thus by the Canon it is not Lawfull to hold many Monasteries , Colledges , Archdeaconries , prebends : only wee find liberty to hold a Church with cure , and a prebend , and that without dispensation : habere personatum cum cura , & prebendam , &c. Dispensatio necessaria non existit . Sext. decr. lib. 3. tit. 4. c. 6. Yea by the imperiall Law it was not lawfull for one to hold two ciuill offices : nec sit concessum cuiquam , &c. Let it bee granted to none to haue two Magistracies , and to exercise iudgement in both : for it is not like that one man should suffice for two necessary duties : for when he is present in one place , he must needs bee wanting in the other , and so bee wholy fit for neither , but let him bee content with one Magistrates place , leaving the other . Cod. lib. 1. tit. 52. leg . 13. Iustinian . Thus by this Imperiall constitution to hold two Chancellors , or Registers places , to bee a Iudge in two Courts , is thought to be inconvenient .

6. Obj. They desire to limit the Kings fauour , seeing none except he bee the kings Chaplayne may hold three benefices with cure , &c. p. 18.

Answ. Wee take not vpon vs to limit the kings fauour but humbly beseech his excellent Maiestie that it would please him to limit his owne princely fauour that non-residents and pluralists , to the hurt of Christs Church , and dammage of many Christian soules , vse no longer that cloake of their covetousnes .

7. Object It is not knowne that there bee fiue in all the land that hold three such benefices .

Answ. If there were but one to bee found that held three such benefices , it were too much 2. Yet all the kings Chaplaynes , if they were an hundreth , might enioy the same fauour , which who seeth not , how inconvenient it would bee ? and it is against the Law of fauours : quod alieni gratiose conceditur , trahi non debet alijs in exemplum : That which is granted of fauour to one , should not bee a measure or example for other . 3. Our brethren all this while say nothing of double beneficed men , which are almost ( sance numbre ) the confuters should haue done well to haue mustered them as they haue done the other . But whether they are double or treble beneficed men , they may all bee ranged in the ranke of pluralists , according to that rule in the Law : Pluralis locatio duorum nomine contenta est . Two make a plurall number .

8. Obj. What good dealing is this &c. To make the world beleeue it is acommon fault &c.

Answ. Wee take our brethrens confession , that it is a fault , though as they say , no common fault , to haue three benefices : and wee pray you why is it not also a fault to haue two ? It is a fault to haue three , because it argueth a covetous mind and such an one taketh vpon him more then hee can discharge : both these faults concurre in accepting of two benefices , where one for mayntenance may bee sufficient , and two are more then a man can discharge . Wherfore according to another rule in the Law . Cum quid prohibetur , prohibentur omnia , quae sequuntur ex illo . Reg. Iuris . 84. when any thing is forbidden , all things are forbidden which follow it .

Wherfore ( O most noble king . ) 1 seeing a good shephard ought to bee conversant The conclusion . among his flocke . 2. Not giuen to lucre . 3. must abide wherin he is called . 4. Is not sufficient for one charge , much lesse for two or three . 5 , Seeing he that worketh not in his charge must not eate . 6. And by pluralities hirelings are mayntayned in the Church . 7. By this means some men want , and other overflow . 8. And such pastors can not bee examples to theyr flockes 9. neyther is it fitte that one member should haue the office of diuerse . 10. The practise of the Church in former tymes condemneth pluralities . Seeing nothing can be objected to the contrary of any moment . 1. That it is vnlawfull to haue not only two cities , but two townes . 2. That neither the smallnes of the liuing . 3. Nor largenes of the parish is a sufficient excuse . 4. Nor yet to hold them by dispensation . 5. nor yet to haue many dignities without cure . 6. or to hold them by speciall favour . We trust your Maiesty in good time will see this abuse reformed , which was sometime odious even among the Romanists : Quis per Deum immortalem miserabilior aspectus esse Suggest . Cardin . abus. 8. potest Christianum orbem peragranti , quàm haec Ecclesiarum solicitudo . O good God , what more wretched sight can there be in the whole Christian world , then this desolation of churches .

ARTIC. 3. Of Impropriations . Reasons and Arguments shewing that it is neither lawfull nor convenient for Ecclesiasticall corporations to demise their impropriate tythes to Lay Farmers .

1. Arg. TYthes should be used according to the first institution : but then they were permitted onely to the Priests : Ergo , they should now be proper to the Ministers of the Gospell . Thus Damasus groundeth his reaso upon the equity of Moses Law , which prohibiteth any stranger saving onely Aaron and his sonnes to eate of the holy things . Exod. 29. 33. Whereupon hee writeth thus : Oblationes , quae intra sanctam Ecclesiam offeruntur , &c. Oblations offered in the Church should by no meanes be under the power of lay men , but it is onely lawfull for Ministers to eate and drinke thereof , because in the old Testament the Lord did forbid any of the children of Israell to eate of the holy bread , but onely Aaron and his sonnes , Damas . Decr. 3.

2. To usurpe the Lords right without his warrant , is presumption . But tythes are holy to the Lord , Lev. 27. 28. What is holy to the Lord he giveth to the Priest . Numb. 18. 14. Every thing separate from the common use , shall be thine . And God hath no where transferred his right to any other but the Priest : Ergo , it is presumption for any ( but the Priest ) to challenge tythes . Thus reasoneth Boniface , Decr. 3. Omne quod Domino consecratur , &c. Whatsoever is consecrate to God , belongeth to the right of the Priest , therefore he is inexcusable that taketh such things away .

3. Tythes are due for the service in the house of God : they onely haue right to reape temporall things that sow spirituall : Lay men performe no spirituall duty , Ergo , they ought no wayes to reape temporall things due for the same . This reason Chrysostom useth : Quomodo nunc sub Evangelio debent Laici oblationes &c. Vnder the Gospell how should Lay men either eate themselues , or let to others the oblations which Christians offer to their Pastors seeing it belongeth not to them to pray for others , in Math. 12.

4. Augustine upon that place , Exod. 22. 29. Primitias areae tuae , &c. The first fruits of thy flower and wine-presse , thou shalt not be slow to pay , thus collecteth : Si tardius dare peccatum est , quantò pejus est non dedisse ? If it be a fault to giue slowly , a greater it is not to giue at all . de Temp. serm. 219. from hence wee inferre thus : Lay men must pay tythes , Ergo , it belongeth not to them to take tythes . As Ierome well sheweth , speaking of the difference of Lay men and Clergy-men . Clerici pascunt oves : Ego pascor , &c. Clergie men feed their sheepe , I am fed : they liue of the Altar , but the axe is laid to me as a fruitlesse tree , if I bring Hieron . ad Heliodorum not to the Altar .

5. I urge Ambrose reason : tanta merces esse debet Evangelizantis regnum Dei , &c. Such should be the reward of him that preacheth the Gospell , that he be neither grieved nor extolled , 1. Tim. 5. But where lay men farme their tythes , the Ministers portion is scant , and hath not sufficient maintenance , therefore it is inconvenient that they should farme the tythes .

6. The Bishop and other Cleargy men are bound by the Canons to relieue poore ministers of their owne , if need so require : Si quis Episcopus aut Presbyter Clerico ex inopia laboranti , &c. If a Bishop or Presbyter doe not minister things necessary to a clergie man in want , let him bee put from the communion . Can. Apost. 58. Episcopus pauperibus & infirmis , &c. A Bishop to those poore and impotent that cannot worke with their owne hands , must giue victuall and rayment . Aurelianens . can . 18. If they are bound to helpe other poore , much more such as are of their owne calling ; and if they ought to giue them of their owne , much more to restore them that which by right is theirs , and not to enrich lay men , and suffer the minister to begge .

7. That is neither Lawfull nor convenient whereby an vnpreaching Ministery is maintayned , and the preaching of the word hindred . But by demising tythes to Lay men , and seuering them from the Ministers vse , this inconvenience ensueth , Ergo. &c. Hierome complayning of covetousnes of Bishops in his time , shewed what ensued therevpon . Solus Episcopus incubat diuitijs , solus vniuersa sibi vendicat , solus partes invadit alienas , solus occidit vniuersos . The Bishop onely would be rich , he onely challengeth all things , he onely invadeth other mens right , he onely killeth all . de 7. ordinibus . By this meanes , while the Minister was depriued of his maintenance , many mens soules perished for want of teaching . The same reason is alleadged in the Canons , that for want of sufficient maintenance saepe contingit quod non inveniantur idoneae personae , &c. It often falleth out that fit persons are not found which will take such Churches , and so often times they are bestowed vpon such as are not fit , whereby souls are endangered . Greg. lib. 3. tit 4. c. 1 : Decr.

8. The same Canons allow not Religious men themselues to occupy to their own use the tythes of the Churches , sufficient maintenance not being left for the Minister , much lesse ought others to doe it in their right : Clemens 3. Fuit olim per sedem Apostolicam providè constitutum , &c. It hath been in time past providently decreed by the seat Apostolick , that the Diocesans should admit none to any Church presented by Religious persons , unlesse in their presence so much of the revenewes of the Church were assigned , whereout they might haue sufficient maintenance Decr. Greg. l. 3. tit. 4. c. 1. yea ecclesiastical persons are bound for their lands to pay tythes , much more not to take away tythes , where otherwise the maintenance is scant . Cabilonens . sub Carolo , c. 19. Decrevit sacer iste conventus , ut Episcopi , & Abbates de agris , & vineis decimas Ecclesi●● dare faciant . If then clergy men themselues are not to possesse tythes where sufficient is not remaining for the Minister , much lesse ought Lay men in their name to doe it .

9 By the Law both Imperiall and Canonicall , it is unlawfull to alienate by any meanes the possessions and lawes of the Church , Cod. Lib. 1. tit. 5. leg . 14. Leo Antbenius : Iubemus nulli posthac Archiepiscopo esse facultatem , praedia , &c. Wee will that from henceforth no Archbishop haue power by any kinde of alienation , to convey to any person whatsoever , their manners , immoueables , civill revenewes ; let them keepe them inviolably without any mutation : no though all the clergie men should consent with the religious Bishops in the alienation of such possessions . Sicut ipsa Ecclesia perpetua est , &c. Ita ejus patrimonium jugiter servetur illaesum : as the church is perpetuall , so should the patrimony thereof remaine untouched : he that buyeth such , shall loose that he payd , the writer shall be banished , the iudge shall forfet his goods and his place . Hereunto also the Canons agree : Definivit Synodus , &c. The Synod hath dereed that no Bishop shall sell the salaries or possessions of the church , let him bee deposed as a transgressor of the Divine lawes . Octav. Synod . general . c. 15. Non licet Papae , &c. Caus. 12. q. 2. c. 10. It is not lawfull for the Pope to alienate any man , nor of the Church for any necessity . Nec in usum fractuarium dare , &c. Nor to giue the lands in fee farme . But it is much more to alienate tythes from the Minister , which is the proper inheritance of the Church , then other temporall lawes . If this bee unlawfull , much more the other .

10. The Canons doe not onely hold it unlawfull for lay men to possesse tythes , usus decimarum secularibus provenire non potest , Caus. 16. qu. 1. c. 68. Nullus decimas ad alios pertinentes accipiat . Leo caus. 16. qu. 2. c. 4. But they doe grievously censure them , Qui non Ecclesiae restituerint iterum , &c. He that restoreth not to the Church the things which belong to the Church , neither do yeeld his evidences to be cancelled , let him stand accursed till he doe it . Caus. 12. q. 2. c. 13. Decimas quae in usus pietatis concessas esse , &c. Tythes which the canons shew to haue been given to pious uses , wee forbid any lay men to hold , whether they haue received them of Kings or Bishops : unlesse they restore them to the church , let them know that they haue committed sacriledge , and incurred the perill of damnation . Caus. 16. q. 7. c. 1. What more grievous sentence could bee given , then that they which usurpe the tythes of the Church , commit sacriledge , stand accursed , and are guilty of eternal damnation .

11. Bishops also and Clergy men making grant of tythes to lay men , are censured by the Canons : Episcopus , qui non sacerdotibus , sed laicalibus personis decimas conferat , inter maximos haereticos & Antichristos , &c. A bishop conferring tythes not upon Priests , but lay men , is not the least among heretikes and Antichrists . Caus. 16. q. 7. c. 3. Statuimus ut si quis alicui laico concesserit , &c. He that granteth a Church or a tythe to a lay man , let him be cut off from his place , as an unfruitfull tree , Greg. lib. 3. qu. 30. c. 17.

12. Impropriations where sufficient maintenance is not left to the incumbent , are supposed not to bee good in law . By what degree impropriations came in . That this may appeare , we will shew by what degrees they were first founded .

1. At the first the annexing of tythes to other places , and converting them to other uses , was held unlawfull : as mention is made of a generall Councell , wherein it was decreed , Quod ex tunc canonicis ad eorum sustentationem capellae non concederentur : That Canons should not haue chappels for their maintenance . Greg. l. 3. tit. 5. c. 33.

2. Afterward a restraint was made , that no more Churches should be appropriated Vt praelati beneficia non applicent mensis : that Prelats apply not benefices to their tables . Clem l. 7. tit. 5. c. 1.

3. Then order was taken , that no Churches should be appropriate , unlesse sufficient maintenance were left to the Minister : non obstante Episcopi consuetudine ; notwithstanding any Episcopall custome . And that he which did not leaue congruentem de proventibus Ecclesiae portionem : a competent portion of the Church revenewes , should bee depriued of the benefice : sciat se authoritate istius Decreti illa privatam . Decr. Greg l. 3. tit. 12. c. 1.

4. By the law of the land bequeasts alienated , and not employed according to the mind of the founder , are forfeited being contra formam collationis : ann . 13. Edward 1. as in this case tythes are , which were first given for the maintenance of the Minister , and preaching of the word .

5. Yea it is also provided that no Church bee appropriate , but a certaine summe of Money should go yearely to the reliefe of the pore parochians , and vicar bee well & sufficiently endowed , otherwise to bee voyd : ann. 4. Henr. 4. c. 12. and what it is to be conveniently endowed , is there expounded , to do divine service , to enforme the people , and keep hospitality ibid.

13. We will lastly shew the inconveniences that arise by farming tithes to laymen . 1. By this means we shewed before an unpreaching ministry is maintained , and many perish for want of teaching . 2. Learning decayeth , the rewards thereof being taken away : Vnde fit , ut in his regionibus , &c. Wherefore it commeth to passe that in these countries scarse any parish Priest is found , qui ullam vel modicam habeat peritiam literarum : which hath any mean knowledge of letters . Decr. Greg. l. 3 , tit. 5. c. 30. 3. Hospitality faileth , and the poore want their relief . 4. The Ministers themselues are in great want , and many times driven to hard shifts , as Hierome complayneth in his time , mendicat infoelix Clericus in plateis . The pore clergie man beggeth in the streets , and is constrayned to liue of his labour , and to aske almes . de 7. ordinibus . 5. The Marriage of Ministers is made scandalous , who dying , by this means wanting provision , leaue many pore widowes , and orphanes . 6. It is the occasion of Non-residency & pluralities when Ministers not finding one liuing sufficient are forced to take another to it . 7. By this means where a sufficient pastor is wanting , the wolfe taketh occasion to spoyle the flock : many Seminaries and Iesuits do creep in corners . 8. The people paying their tythes to others , are burthened which new collections to maintain a preacher . 9. Clergy men giue offence in disposing so evill of theyr impropriations , and cause other noble and gentle men by their example to draw backe , and they themselues are corrupted by it , and become carelesse in their owne flockes , as Hierome well noteth . si carnales diuitias quae labuntur non benè dispensatis , &c. If yee doe not well dispense riches that fade , the true and euer enduring riches of heauenly doctrine who shall giue you . Hier. Algas . q. 6. 10. They cause other men to usurp upon the possessions of the Chur. occupying the place , & habitation of Rectors and parsons , as they are called , not being answerable to the name in any duty which kind of title and calling the Ciuill Law vtterly condemneth . Si quis sub nudo appellationis velamine se collegiatum appellat , &c. If any doe call himselfe by the naked name of a Collegiate or Ecclesiasticall person , another shall be put in his roome . Cod. lib. tit . 5. leg . 9. Theodos . Valent. All these inconveniences might as much as in them lyeth easily bee helped , if Bishops , Cathedrall Churches , Colledges would demise their tythes only to the incumbent Minister during his life and incumbency for the old rent , and some reasonable fyne at his entrance , as the first years fruites , the charges diducted .

Obiections answered .

1. Object . THESE Canons before alleadged onely prohibite lay men in theyr owne right to possesse tithes .

Answ. Yea they forbid that they should take tithes to farme sub interminatione anathematis , &c. Vnder paine of the curse . Ne laici Ecclesias ad firmas teneant : that lay men take not Churches to farme . Thus Alexander the third did write to the Bishop of London Decr. Greg. 3. tit. 50. c. 6. Which Canons are yet Law in the Church of England , where they are not contrariate to the statutes of the Realme .

2. Obj. But ministers are prohibited by statute Law to hold any leases or farmes .

Answ. This law was made onely against that abuse of Ministers , which busied themselues in buying and selling , in occupying brew houses , and tanne houses , and engrossed farmes . It was not made against such which did it for necessity . Hierome maketh mention of the like imperiall law , that was made against the greedy purchasing of Clergy men : Non de lege conqueror , sed doleo quod meruerimus hanc legem . I complaine not of the Law , but I am sory men haue deserved this Law : the Medecine is good , but how do I need it : ad Nepotian . 2. Yet this law obiected alloweth Ministers to occupy farmes for the sustentation of their family . 3. This statute may be helped by another .

3. Obj. The statutes of some Colledges are against it , by the which the senior is alwayes to be preferred , whether sufficient or not , and so the Church should haue some unmeet men still .

Ans. 1. If any fellowes of houses be unsufficient , it is their fault that chose them & they in such elections transgresse their own statutes 2. And yet we hope none are so unsufficient , but if they bee willing , might do good in the Church . 3. Better a mischiefe bee suffered for once to prefer a man not so meete , then a perpetuall inconvenience in preferring no meet men at all .

4. Obj. They could not be assured of their fine and rent , fellowes of houses for the most part being poore .

Answ. As though it bee not in the power of the Colledge , so to make their leases with a clause of reentrie or forfeyture , that they may bee secured of both .

5. Object . It would make division in the Colledges about the bestowing of such leases .

Answ. If an uniforme order be set , that the Senior bee alwayes preferred in his place , it will make no division at all .

6. Obj. Yea but the Colledge shall susteine losse in their meane fines , which they might take for the renewing of such leases of their farms .

Answ. 1. If it were some losse , is it not every mans part for a common good to bee content to depart with some private gaine ? 2. It would be no losse , but a benefite , both in that their owne Society in their course should be provided for , and the Colledge should haue fines for every life , whereas now they fine but once for three liues , or 21. years .

7. Obi. But some impropriate tithes are worth 300 or 400 pounds by the yeare , too much for a preacher .

Ans. 1. Is it not too much for a lay gentleman or yeoman , and is it to much for a preacher . 2. And if this be too much for a preacher , how coms it that some that preach not , or very little possesse twice so much ? 3. Where the tithe is of such value , for the most part , there are Chappels annexed , where Preachers by proportionable allowance should be maintained .

8. Obj. But the Church , where tithe is not to be let , is full already with a minister not sufficient .

Answ. Let him bee provided for else where , or else the preacher , that hath the impropriation may expect the avoydance , and then take the whole charge , and this doubt is but for the first time onely .

9. Obj. In many places the Rectory and the Manor goe together .

Answ. The tythe may bee easily divided from the Manor , and the rent apportioned .

10. Obj. In some places the vicarages belong to one Patrone , the impropriate tythes to another , how then can they bee conferred upon one man ?

Answ. As in some Churches already the Patrones present by turnes : so it may be in this case , that as much as the tythe is better then the vicarage endowed , so the like , oddes should bee in their turnes of presenting the one to present twice or thrice to the others once .

11. Obj. But the impropriations are now the free hold of the Church , which cannot be disposed of them without great danger to their state .

Answ. Wee moue not to haue the inheritance of impropriations taken away from the Church , but the farme thereof to be otherwise disposed of for the maintenance of preachers .

12. Obj. Their disposing of Impropriations doth notably bewray their lacke of conscience , &c. Ans. p. 19.

Answ. Wee tremble to thinke that the Confuters should obiect to us lacke of conscience , for desiring that the impropriations of the Churches ought to be let to the incumbent preachers for the old rent . O what blinde Iudges are they of matters of conscience ! We appeale to God and their owne conscience , that nothing but conscience hath mooved us to make this suite ; seeing that such impropriations so employed are a great occasion to nusle the people in ignorance , and an apparant let to preaching , and propagation of the Gospell : But if this were lacke of conscience , that is more , to let out Impropriations as they do , to lay farmers , without respect to the preachers , & the poore peoples souls . God bee iudge between us and our brethren for this .

13. Obj. If they should bee demised for the old rent , without fyne , &c. Who seeth not that it would bee the certayne overthrow , and vtter ruine of Bishopricks , Colledges , &c. ibid.

Answ. Neither can this device possibly tend to the ruine and ouerthrow , of Bishopricks , Colledges , &c. Seeing the old rent is stil continued . The fine if it were remitted , were in most of these places , but a losse to priuate mens purses , who make a diuident of it : where it goeth to the stocke of the house , a reasonable fine might be reserued as the fruits of the first yeare , or such like : and as for improuement , it is well known that such corporations vse not to improue their rents being certaine : but contrariwise this course would establish all the foresaid foundations , this being a service so acceptable to God , that his Church should bee provided for .

14. Object . But by this , a few , and those the meanest of the Clergie onely should bee prouided for , the hinderance would redound to the better sorte .

Answ. Not so few as 400. preachers should bee mayntayned by this meanes : for the number of impropriations belonging to Ecclesiastical corporations , cannot be lesse . 2. We grant that they are meaner in dignities and preferments , but as necessary for the Church , as richer prelates . 3. And the meaner they are , they haue so much the more need : the richer the other , so much better able to spare it .

15. Object . These men in all their purity can content themselues with a seventh part onely of an impropriation in a lay mans fee .

Ans. If for a lay man to hold tythes or impropriations , were originally unlawfull , and contrary to the first institution , as our brethren truely say , why then doe they like that lay men should be farmers of their impropriate tythes , rather then preachers ? Why should they envy that benefit to their fellow-ministers , which they yeeld to their fellow brethren of the lay sort ? For as the Canons doe prohibit , That lay men should hold tythes by inheritance , Lateranens . sub Alex. par. 50. cap. 29. Decimae à Laicis non debent iure haereditario possideri : So neither doe they permit that they should take them to farme . Ne Laici Ecclesias ad firmam teneant . Neither part. 27. c. 3 vntruth . We doe not content our selues with a 7. part only . Reasons of the Petitioners motion conceruing lay mens tythes . Synod . Colon . part . 8. c. 5. need it offend our brethren that we seeme to be content with a sixt or seventh part , ( not a seventh part onely as they charge us ) of such impropriations : wee could wish the whole were restrained . But seeing that some hold them by inheritance , and some by purchase , some of good place are wholy maintained of them , such a motion would haue seemed unreasonable : we say as not long since a provinciall Synod complained : Decimas potissimum Ecclesiarum ministris deberi non est dubium : That tythes are principally due to the Ministers , it is not to be doubted , but now they are every where so usurped of lay men , that they cannot easily bee pulled out of their hands . And this was one cause of so qualifying our motion ; as also lest we might haue seemed to be partiall , while we wish Ecclesiasticall impropriations to stand , for the maintenance of their corporations , and aime at the dissolution , of them of the lay sort : as further fearing lest such a motion for these might haue been prejudiciall and dangerous for the other , that serue to the maintenance of learning .

16. Object . It is possible that the men , vntruth . We despise them not , whom they so much contemne , would bee able to propose some other course , &c.

Answ. This course to be taken for impropriations , tendeth not to the alteration or iniury of any state . And if the confuters ( who it were to be wished did no more despise their brethren then they are despised ) could haue proposed any other course for the maintenance of the Church , they might haue done well so to doe . But it may be worthily suspected , that they can hardly giue counsell to others , that will not take it themselues : that they which take upon them the defence of Non-residents , pluralists , impropriations , can speake for the maintenance of the Church . Ambrose saying may well fit such : Quis vtilem causae alienae iudicet , quem inutilem Lib. offic. 2 , 12. videt vitae suae , quommodo eum iudicare potes superiorem consilio , quem vides inferiorem moribus : supra me esse debet , cui me committere paro : an eum idoneum putabo , qui mihi det consilium , qui non dat sibi . Hee cannot giue counsell to another that will take none himselfe : neither can hee bee superiour in advice , that is inferiour in life . And to conclude , nothing can bee objected of any weight or moment to hinder so good a worke , and so princely a motion , which the Kings Maiesty by his letters hath first made , whose Christian zeale ought to make others forward : Let every man laying aside his owne private respects , further the common cause , and seeke the generall good of Christs Church , that S. Pauls complaint be not renewed ; All seek their owne , and not that which is Iesus Christs , Phil. 2. 27. And Hierome well saith : Ne lucra saeculi in Christi quaeras militia , &c: Seeke not the worldly gaine in Christs service .

THE DEFENCE OF THE FOVRTH PART OF THE PETItion concerning Church Discipline .

1. Obj. WE haue been taught heretofore Ans. p. 20. that Discipline is an essentiall part of the Gospell , &c. and matter of faith .

Ans. That the Discipline of the Church ( being generally understood ) is a matter of faith , and an essentiall marke of the Church , I hope our brethren will not deny : For Discipline comprehendeth not onely the administration of the keyes , but Perpetuall government of the Church . p. 208. ordination and imposition of hands : but without ordination there are no preachers : How shall they preach unlesse they bee sent , Rom. 10. 15. And without preaching there is no beliefe , ibid. vers . 14. Wherefore without some part of Discipline it cannot bee denied , but that the Church is no Church , faith no faith : but generally of euery part it cannot be so affirmed . Cyprian is very peremptory for the necessitie of discipline , thus writing : Apparet non aliter Lib. 2. ep. 7. Ecclesiasticae saluti consuli posse , &c. It appeareth that the safety of the Church cannot otherwise bee provided for , unlesse they which are against it , as contrary floods , bee repelled ; and the ordor of Discipline , as the stirring oare in a tempest , be kept safe .

2. Obj. It is now come to be so indifferent , &c. that it will suffer an OR ELS , or AT THE LEAST . Ibid.

Ans. And what haue the petitioners here moved , which the kings most excellent Maiesty hath not first written : That the Discipline of the Church bee preserved in 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 44. purity according to Gods word . What needed our brethren then to haue carped at this petition ? Neither is that disiunctiue clause ( or else at the least ) any contradiction or repugnance to the former , but an exception and qualifying thereof , which giveth the adversary no advantage , as the Law saith : Exceptionem obijciens non videtur de intentione adversarij confiteri , Reg. Iuris 63. And it is a condescending to the time , that where the perfection desired can not be had , reformation be sought , that may be attained . Wherefore as the rule is in the Law : In Argumentum trahi nequeunt , quae propter necessitatem aliquando sunt concessa , Reg. Iuris . 78. That which is yeelded to the necessity of time , must not bee urged as the integrity of the thing . If Christs institution were exactly kept , many things shold be amended that are here not named : but the Petitioners haue onely mentioned those things which in reason they thought would not be denied or gainsayd .

3. Obj. Were we perswaded that their discipline were of Christs institution , could we be without it ? &c.

Answ. What our brethren will be perswaded wee know not : but if these things which are mooved bee not proved to bee agreable to the word of God , and the practise of the primitiue Church , wee desire not to bee heard , but to be reiected with our cause . Wee will not obtrude our owne fansies but measure our iudgment by the scriptures , as Origen sayth : Exhibeo sensus mei testem scripturam : Homil. 1. in Ierem. Homil. 9. in Ierem. sensus nostri & enarrationes sine ijs testibus non habent fidem : I yeeld the scripture a witnesse of my sence : my exposition without the scripture let it bee of no credite .

4. Object . His excellent Maiesty hath had Ans. p. 20. experience of the manifold mischeifes , that attend their pretended discipline , &c.

Answ. This discipline and reformation intended by vs , is not attended vpon by any such mischifes : other mens ouersights wee iustifie not , neither approue any vnaduised proceedings . Neither hath his Maiestie so euill opinion of the Scottish Discipline , as they insinuate . The right vse of a thing must not bee condemned for the abuse : as the Law sayth : vtile non debet per inutile vitiari : Neither the cause misiudged for the persons fault . Delictum personae Reg. Iuris . 37. Reg. Iuris. 76. non debet in detrimentum Ecclesiae redundare .

1. Enormity against Excommunication by lay persons .

1. THeir first defense is that whatsoever the Chancellour doth on this case , he doth it in the authority of the ordinary .

Answ. 1. It is a question whether the Bishop himselfe , the Archdeacons , or any other ordinary , alone haue any power to excommunicate . We are sure that neither Scripture , or example of the primitiue Church will beare them out in it . Our Saviours rule is : Dic Ecclesiae : tell it to the Church : after the contempt whereof the party is to be held , as an heathen & publican that is to be excommunicate . But never was it yet heard that one man should stand for the Church . That Dic Ecclesiae , in some mans construction should be dic Episcopo , dic Cancellario , dic Officiali : as the Papists wrest this place : dic Ecclesiae , that is , dic Papae , dic Pontifici Romano : but of this matter more shal be said in the end of this treatise . Then if they haue not this power in themselues , they cannot transferre it to another as the law saith : Nemo potest Reg. Iuris . 79. plus iuris transferre in alium quam sibi competere dignoscatur . No man can giue more to an other , then hee hath himselfe . As the comparison is presumptuous to compare the Bishop to the King , the Chancellour to the Lord Chancellour , so the case is not alike , for a civill power may bee committed over to others , but a spirituall power cannot be transferred , but ought to bee executed in every mans person , as the Apostle saith : hee that hath an office , let him attend upon his office . Rom. 12. 7. Salomon Cant. 8. 11. 12. No substitute in duties spirituall . in the Canticles sheweth the difference of the Civill and Ecclesiasticall administration : Salomon gaue his vineyard to keepers : but my vineyard , saith Christ , which is mine , is alwayes before me . As wee mislike that Christ should haue any vicar in earth : so neither should any of Christs ministers execute their charge by their vicars : S. Peter 1. Pet. 5. 2. saith ; Feed , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , the flocke which is in you , that is , alwayes in your sight .

The Canon law sayth : Non potest esse Decr. Greg. lib. 5. tit. 40 c. 5. Pastoris excusatio , si lupus oves comedit , & pastor nescit . It is no excuse of the shepheard if the Wolfe devoure the sheepe , to say , hee knowes it not . It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge , committed their spirituall affaires to Deputies and Vicars . Of this abuse Eckius , a man otherwise bad enough , complained in the popish Church : Nostrates praelatos ordinem Apostolicum invertere , &c. Our Prelates invert the Apostolicke order , who thinking spirituall things too heavy for them to beare , doe use the helpe of Suffragans in their Pontificals ; of Officials in their Iudicials ; of Penitentiaries in absoluing sinners , of Monkes in Preaching . Iodocus Clictoveus in his sermons was wont thus to Hom. 2. de Stephano . taunt such : Adibunt per vicarios in paradysum : in persona inferos . Such shall by their vicars goe to heaven : but in their own person to hell .

3. Though the Ordinary had power to excommunicate alone , and might transferre that power to another , yet lay persons alone are not capable thereof . For Christ when he sayd : Whose sinnes yee remit , are remitted ; whose sinnes yee retain , are retained , spake onely to the Apostles and Ministers . Hereunto the Canons agree : Indecorum est laicum esse vicarium Episcopi , &c. It is unfit for a lay man to be a Bishops vicar , and secular ●ispel . 2. c. 9 persons to iudge in the Church , and a divers profession to be in one office . And by the same Canon , the Bishop that shall make a lay man his vicar , is held to be Contemptor Canonum : A contemner of the Canons . But nothing is now more usuall then for lay men , Civilians , to be Chancellours , and Vicars generall to Bishops .

The second defence : The Chancellor , Officiall , Commissary , decreeth the party to be excommunicate , a Minister associate vnto him by exprresse authority from the Ordinary denounceth the sentence of excommunication . Ans. p. 22

Answ. 1. This is but a new tricke , and frivolous device : who knoweth not the Minister assistant to the Chancellour ( who is for the most parte of the meanest and simplest of the Clergie ) is but a Cyphar , he doth nothing but by his masters direction , excommunicateth and absolueth at his pleasure , contrary to the Apostles rule to Timothy . I charge thee &c. that thou obserue these things without preiudice , or prefering one 2 Tim. 5. 2 before another , and doe nothing partially . 2. By the Provincialls , no sentence of Excommunication is good but in writing : Linwood de senten . excommun. 6. sententiae latae sine specialibus literis dominorum , quorum interest , non ligant . Wherfore this sentence of the Minister beeing not extant in writing vnder his seale , and so deliuered , is of no value in Law : and the people vnder this colour are abused . 3. It is vnlawfull for a lay Ciuilian in cases , which appertayneth to correction to send out citations , or to decree excommunications : he must neither Investigare , inquirere , punire , corrigere , excommunicationum literas decernere ; And as he cannot doe it in his owne name , so neither can he by the Law publish excommunications in another mans name . The Law is : Quod alicui suo non liceat nomine , nec alieno Reg. iuris . Bonif. 67. Linwood de licebit . And the prouinciall is flat , Ne laicus quouis exquisito colore sub suo uel alieno nomine , &c. that a lay person by any pretense 〈◊〉 . coniug . cum ex. 1. vnder his owne or others name doe exercise no iurisdiction spirtual whatsoeuer . And all such citations , excommunications , and processe are voyd : not onely if the iudge bee a lay person , but the Register also .

Thirdly : they vse but the aduise and Ministrie of a wise ciuilian in decreeing who is to Ans. p. 22. bee excommunicate .

Answ. 1. If had beene to bee wished that Ecclesiasticall persons had not medled in such affaires , wherein they haue no skill : according to the auncient Canons : Episcopus tuitionem testamentum non suscipiat : Carthag . 4. 18. That the Bishop should not take vpon him the tuition of a testament . Clerici ad sacrum Ministerium electi actibus saeculi renuntient : Clergy-men must renounce all secular acts . Auerens . can . 12. The Apostle saith no man that warreth , entangleth 2. Tim. 2. 4 himselfe with the affaires of this life : whereupon Ambrose well writeth , Ecclesiasticus officium impleat quod spospondit , a seculari Amb. in 2. 2. negotio alienus : non enim convenit unum duplicem professionem habere : a Clergie man must bee free from secular businesse , for it is not fit that one should haue a double profession . 2. But seing these causes , as matrimoniall , testamentarie , decimarie , are now annexed to the Episcopall iurisdiction , such matters , as they call of instance it is fit they bee referred to the Civilians : In such cases let them not onely be advisers , but iudges . But as for matters of office , as they are called , which are meerly Ecclesiasticall , wee suppose that Ministers are better able to iudge , then Civilians , and heerein it is not fit they should be assistants to advise , much lesse iudges to determine , let them containe themselues within their owne element . 2. Whereas wee are referred to the book of the perpetuall governement of the pag. 320. Church : let it bee noted that there it is confessed that Iudges of the Civill law take not upon them the power of the keyes committed to the Apostles : their suspensions , excommunications , &c. they claim not by Gods law , but by mans . Wherefore seing it is confessed , that this manner of Excommunication by lay men , is humane , the Petitioners request is reasonable , that this abuse be reformed , and such usurpers upon the keyes of the Church restrained .

Fourthly it is obiected : If the discipline were once a foote wee should then heare tell of Ans. p. 22. Lay Elders , &c.

Answ. 1. The Petitioners say nothing of Lay Elders in their Petition , but that there haue been such Lay Elders in the Church , which haue intermedled in the Ecclesiasticall affaires , it cannot bee denied . As Reverend D. Fulke confesseth Fulke ans. to the Rhem. 1. Tim. ● . sect. 13. out of S. Ambrose thus writing : or else hee meaneth of those Elders that Saint Ambrose speaketh of upon the first verse of this chapter , that were appointed onely for government not for teaching . 2. Is not the like practised in the high commission , for causes Ecclesiasticall , wherein diverse Reverend persons of the civil state are Commissioners . And let not our brethren bee so hot against Lay Elders , seeing I hope they will not deny , but that they may haue voices in Sinods . And what greater inconvenience is it for lay men to bee assistants in Ecclesiasticall affaires then for Clergie Of lay Elders men to interpose themselues in Civill , and why might not as well Civill persons if it so pleased the state , be of the Convocation house , as Ecclesiasticall of the parliament , as it was practised in K. Henry the 8. his Fox . p. 1182 raigne , when that worthy Lord Crumwell was made vicegerent in matters Ecclesiasticall , and was himselfe present in the assemblies , and at the disputations of the Bishops . 3. Yet are wee far from making him a Clergie man , as the Confuters a little before confessed ( though they haue soone forgot themselues ) of Civilians in these words : A chancellour or a commissary is not a lay man in this case . And yet there is a great difference between these lay Elders which are but assistants in the presbytery with others , & theirs , who are sole agents and principals in Ecclesiasticall Courts . And therefore we may retort the Confuters saying upon their own heads , that they reproue others for speaking for Lay Elders , and allow the same themselues . But there is a principle in the Law : Quod semel Reg. iuris . 21. placuit iterum displicere non potest . That with once did please , cannot againe displease . And Hierome could haue told them : perdit Hieron . Ocean . authoritatem dicendi , cujus sermo opere destruitur : He looseth the authority of teaching , that overthroweth his words by his works .

Of Excommunication for trifles .

THE excuse is that men are not excommunicated for trifles , but for their contempt . Ans. p. 23.

Answ. Indeed according to our Saviour Christs rule hee that heareth not the Church Mat. 18. 18 must bee held , as an heathen and publicane . But it is not yet proved , that the officiall and his Register make the Church , neither shall our brethren bee ever able to shew it . 2. It is true that the letters of Excommunication presuppose a contumacy and contempt preceding . But he is not contumacious , which at the first monition appeareth not upon every cause pretended , as it may appeare by these reasons taken out of the Canons .

1. First no man should bee excommunicate before the offence bee proved against him : nemo Episcopus aliquem excommunicet priusquam causa probetur , caus . 2. qu. 1. c. 11. But his contumacy is not proued , who vpon the first citation appeareth not , for he may be ignorant of it , or otherwise necessarily letted . Ergo such an one is not to bee excommunicate .

2. Such onely are to bee excommunicated , as are otherwise incorrigible : as by Christs rule he must be taken , as an heathen and publican , that refuseth to heare the adomonition of one , of two , lastly of the Church . Anathema non debet imponi nisi illi , qui aliter non potuerit corrigi . Anathema ought not to bee imposed , but vpon him that can not otherwise bee amended . Concil. Meldens . c. 56. Excommunicatio non infligenda est , nisi his , qui aliter corrigi noluerint . Excommunication must be inflicted upon such , as cannot otherwise bee corrected . Coloniens . par. 13. c. 4. But they which once cited , appeare not , are not straight way incorrigible . Ergo. &c.

3. Excommunication should be onely inflicted for criminall offences : Non nisi pro mortali debet imponi crimine : Meldens . ibid. Excommunicationis sententiae ob criminales tantum causas , easque valdè graves & lethales feruntur . Augustans . c. 33. As the Apostle bideth an heretike to be after once or twice admonition reiected . Tit. 3. 10 As likwise the Law of the Land awardeth the writ de excommunicato capiendo to take place onely when the Excommunication proceedeth vpon contempt of some originall matter of criminall offencee , as of heresie , refusing to come to the Church . Incontinency , vsury , Simony , Periury , Idolatry But euery absence vpon the first citation proceedeth not of any such contempte . Wherfore a man ought not to bee excommunicate for the fees of the court , or Cans . 23. q. 4. c. 27 such like . Pro vindicta propriae iniuriae , &c. To bee revenged for your owne wrong you haue giuen sentence of Anathema , which is against the Cannons : penitus interdicimus , we forbid that for covetousnes sake none dare to excommunicate any . Lateranens . sub innocent. 3. c. 49.

4. The Canons allow that a man should bee twice or thrice cited before hee bee excommunicate : secunda vel tertia admonitione interposita , excommunicationis sentetia procedat , Caus. 24. 3. 15. Neither should the first citation be peremptory : diem peremptorium ad primam citationem non statuendum : especially Lateranens . sub Alexan p. 3. c. 5. for Ecclesiasticall matters , but upon great & urgent necessity . S. Paul alloweth a manifest heretick two admonitions before he be reiected . Much more where the offence is not manifest , a canonicall , that is thrice admonition should be used , according to the constitution of Oxford : nemo excommunicationem promulget , &c. No man shall denounce Excommunication , where the excesse is not manifest , but Canonicall monition going before . The manner is that the apparitor cannot personally cite the party to be summoned , hee useth to leaue word at his house : if he come not at the day , he is forthwith as contumacious excommunicate . Heerein a double errour is committed : for if a man never appeared in the cause before the iudge , he cannot bee cited at his house , unlesse he can not be personally apprehended , and againe he that is not personally cited , is not verè but interpretative Linwood de iudic . c. item vers. decernimus ibid. v. personaliter . contumax in the iudgement of the sounder Canonists . Wherefore it is evident by these reasons that Excommunication goeth forth often for trifles & 12 peny matters , not for contumacy or contempt .

5. If Excommunication bee sent forth onely for contempt where the originall is but a trifle , and a twelue penny matter , then what needed all those cauteles by Councels : ne quenquam pro parvis & levibus causis , &c. that none should bee excommunicate for small or trifling matters . Aur. 3. c. 2. Vormatiens . c. 13. Avernens . as it is cited . caus. 11. q. 3. c. 42. for by this evasion there shall be no trifling matters at all , but the pretence and colour of contempt shall countenance excommunication . Wherefore the request of the Petitioners is agreable to the Scriptures and Canons , that none be excommunicate for trifles .

The 2. Enormity against Excommunication without the consent of the Pastors .

Reasons and arguments to proue that Excommunication ought not to proceed from one alone , but by the ioynt advise of the presbyters & Pastors .

1. EXcommunication should bee exercised by the Church that is , an assemble : math. 18. 11. tell the Church , &c. If he will not heare the Church let him bee as an heathen and publicane . Origene vpon these words saith : tertio coreptionem mandat ad Ecclesiam deferendam , &c. In the third place he will haue the correction brought to the Church In the second he will haue two or three witnesses to bee vsed . So Chrisostome vnderstandeth Episcopos & praesidentes Ecclesiae : The Bishops or Pastors , and presidents or governors of the Church . in Mat. 18. But one or two make not a Church for this were a preposterous course to proceed from one to two or three , & then to go back agayn to one . Hierome writeth well concerning Iohn Hieron . pammach. Patriarke of Hierusalem . An tu solus Ecclesia es & qui te offenderit a Christo excluditur : tibi soli licet Ecclesiae iura calcare , tu quicquid feceris , norma doctrinae est ? Are you alone the Church , that whosoever offendeth you is excluded from Christ : is it lawfull onely for you to tread under foote the rights of the Church : whatsoever you do , is it a rule of doctrine ? Ergo , one man not being the Church , cannot excommunicate .

2. The government of the civill and Ecclesiasticall state are unlike , &c. But yee sha not be so , Lu. 22. 25. But they rule alone as Monarchs , The Kings of the Gentiles reign over them . Ergo , Bishops or other officers of the Church ought not to governe alone , There ought ro be no Monarchy in the spirituall regiment of the visible Chur. as Monarchs in the Church , and so not excommunicate alone . This place is urged by a learned Writer against a monarchy in the visible Church : Quid apertius ? nisi expectetis , ut locum proferamus ubi dixit apertè , vos monarchae Ecclesiae esse non debetis : What could bee sayd more plainly , D. Sutcliffe l. 1. de opt. Reip. statu . cap. 7. unlesse you would haue us bring forth a place where Christ should say in plaine tearmes , Yee shall not be Monarches of the Church . As there ought not then to be a Monarch over the universall Church , so by the same reason neither should there be any Ecclesiasticall Monarch over a Province or Diocesse .

Arg. 3. If S. Paul , who had Apostolicall power , would not excommunicate the incestuous person amongst the Corinthians without the consent of the Pastors , and spirituall governours : much lesse ought any Bishop , Archdeacon , &c. do so now . But the first is evident , that S. Paul excommunicateth together with the Pastors of Corinth . the Apostle sent not onely his mandate to the Corinthians for them to execute , but that the power and right of excommunication was ioyntly with the Apostle in the Pastors of Corinth , as it may appeare by these reasons . Ergo.

1. The Apostle rebuketh them for that they had not put him from them already before he had written to them , vers. 2.

2. They which had power to reconcile had power also to excommunicate : For Eiusdem est ligare & soluere : It belongeth to the same to binde and to loose : But the Pastors of Corinth haue power to reconcile , 2. Cor. 2. 10. To whom you forgiue any thing , I forgiue also , &c.

3. It is not like that the Church of Corinth had no power to excommunicate without the Apostle , for then should they haue wanted a principall poynt of discipline , when the Apostle was absent in remote places from them .

4. The words of the Apostle doe evidently giue unto them the iudgement of Excommunication : Doe yee not iudge them that are within , 1. Cor. 5. 12. Vpon the which words Augustine thus writeth : Aug. hom. 50. c. 12. ut citatur caus. 2. q. 1. ● . 1● Quibus verbis satis ostendit , non temere aut quommodo libet , &c. By which words hee sufficiently sheweth , that not rashly , or howsoever , but by iudgement the evill are to be removed from the communion of the Church .

Arg. 4. All that haue authority to preach , haue power to binde and loose , as the Apostle saith : Wee are the sweet savour of Christ in them that are saved , and in them that perish . 2. Cor. 2. 16. Our Saviour giveth one generall commission to his Apostles , and all faithfull Pastors their successours : Whosoever sinnes yee remit , they are remitted . Ambrose saith , Remittuntur peccata per Dei De Cain & Abel . l. 2. cap. 4. verbum , cujus Leuites interpres & executor est . Sinnes are remitted by the word of God , whereof the Minister is the interpreter and executor . Basil saith , Confession of sinnes must necessarily he made to them , to whom the dispensation of the mysteries of God is committed . Our English confession saith : Seeing In regal . contractioribus . q. 288. Horn ser. 11. one manner of word is given to all , and one onely key belongeth to all : wee say there is but one onely power of all ministers , as concerning opening and shutting . But all pastors haue authority to preach : Ergo , to binde and loose , and consequently to excommunicate .

It will be answered , that there are two kinds of administration of the keys : a spirirituall in remitting & retayning of sins , & externall in releasing the outward censures of the Church . The first belongeth to all Pastors , and the preachers of the Church , but not the other .

Answ. 1. Our Saviour Christ comprehendeth the whole power of the keyes under the name of retayning and remitting sins Ioan. 20. 23. Therefore he that hath right to the one , hath likewise to the other . 2. Where sins upon the sufficient declaration of repentance , are remitted , there the censures of the Church ought to bee released : Neither is it lawfull to hold the penitent long under the censures , when they haue sufficiently testified their repentance ? as the Apostle moveth the Corinthians to forgiue the incestuous person , after he had sufficiently sorrowed , hee then which 2. Cor. 2. 10 hath right to the more , hath right to the lesse , according to the Law : cui licet quod Reg. iuris . 53 est plus , licet utique quod est minus . If Pastors then and preachers haue power to remit sinnes in the name of Christ , much more to release the temporall censures .

Arg. 5. To whom the power of order belongth , the power also of Iurisdiction appertaineth . S. Paul ioyneth them both The Pastors and Presbyters right in laying on of handes . Extran Ioan . tit. 4. c. 5. together in Timothy . 1. Tim. 5. 19. against an elder receeiue no accusation , &c. there is the power of iurisdiction vers. 22. Lay hands suddenly on no man : there is the power of order , the corrupt Extravagants will grant this proposition : claues de quibus agimus in collatione sacerdotalis ordinis conferuntur : the keyes whereof we entreat are conferred in the collation of Priestly order . But Presbyters haue interest in conferring of orders . 1. Tim. 4. 14. Despise not the gift that is in thee , &c. by the laying on of hands of the presbitery , or Eldership : Here it is evident that the Pastors and Presbyters layd on their hands together with the Apostle .

Some by the presbytery here understand the office of Eldership , which Tymothy 1. Exposition . Perpetual govern . p. 78. was ordained unto : but the words will not beare this sence : for here is mentioned the imposition of hands 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 of the The place 1. Tim. 4. 14. of the Presbyters expounded . 2. Exposition ibid. 249. Eldership . How can the office it selfe put on hands : the persons then , not the office must of necessity be understood .

Some by the presbyters vnderstand Bishops , but that can not bee : for as yet in the Apostles tyme there was no distinction betweene Bishops and presbyters , as it may appeare by S. Pauls description of Presbyters & Pastors of old admitted to lay on hands . a Bishop . 1. Tim. 3. Which is common to the presbyters . And this poynt followeth more fully to bee declared in the next argument .

Others say that the presbyters and Pastors 1. Exposition Ibid. p. 93. might lay hands on Timothy , as well as Paul : but at another tyme and to another end . But S Paul saying in another place , stirre vp the gifte of God which is in 2. Tim. 1. 6. the by the putting on of hands , evidently sheweth that he at the same time put on hands with the presbyters : for he speaketh of the same gifte in both places which was conferred vpon him by imposition of hands . And further if the presbyters ioyned 4. Exposition with Paul in imposition of hands , yet was it not of necessity , as though S. Pauls Ibid. p. 94. hands had not beene sufficient without them to giue the holy ghost . Wee answer that although it bee graunted , that in respect of Pauls person , who was an Apostle , and had an extraordinary power and calling , the imposition of hands by the presbytery was not essentially necessary , yet in respect of the president , and perpetuall order , which was to be left to the Church of Christ , it was necessary : for it is not like that so wise an Apostle would els haue busied himselfe with so vnnecessary and superfluous a work , in associating the Elders where he needed not . But notwithstanding all these naked shiftes and deceitfull glosses , this place of S. Paul is pregnant to proue the copartnership of presbyters in giuing of orders : and thus was it practised by the Church afterward : Carth. 4. c. 3. Omnes presbyteri , qui praesentes sunt , &c. Let all the presbyters present lay their hands by the hand of the Bishop vpon his head , that is to bee ordayned . And can . 24. Episcopus sine concilio Clericorum , &c. The Bishop must not ordayne Clarkes without a councell of his Clergie .

Object . This Imposition of hands by the Perpet . govern . p. 251. presbyters was a consent rather , then a consecration .

Answ. That appeareth to be otherwise by that constitution of Vrban : ordinationes factaesine communi sensu Clericorum irritae . Ordinations made without the common consent Caus. 12. q. 2. cap. 37. of the Clergie are voyd . If the presbyters had not power and right of ordination , there was no reason to make it voyd without them . Ergo seeing presbyters haue a ioynt power in ordination . iurisdiction is not to bee denyed vnto them .

Arg. 6. If both the name and office of a Bishop and presbyter by the word of God are all one , then by the word of God the spirituall iurisdiction belongeth to them both , But the first is true : as Hierome proveth out of S. Paul , Apostolus perspicuè docet eosdem esse presbyteros , quos Episcopos , &c. The Apostle plainly teacheth , that Presbbyters are the same with Bishops , as Tit. 1. 5. he calleth them presbyters , which vers . 7. are named to bee bishops , ad Evag. Bishop Iewell proveth by the Word that a Bishop and Presbyter are allone : def. apol. p. 284. In 1. Tim. Hom. 11. 3. Reverend Bishop Iewel sheweth the same by the testimony of Hierom , Chrysostome , Ambrose , Augustine , that a Bishop and a Priest are all one . Chrysostome saith , Inter Episcopum & Presbyterum interest ferè nihil . There is almost no difference between a bishop and a Priest . And then hee inferreth thus , All these and more holy Fathers , with S. Paul the Apostle , for thus saying ( that a bishop and a priest are all one ) by M. Hardings advice must be holden for Heretickes .

If it be answered , that the names were confounded in the Apostles , but the office and functions were divers , Bellar. lib. 1. de Cleric . c. 25. This answer may bee easily removed : for as a reverend writer telleth us : The same charge and the same grace Perpetuall gover . p. 203. concludeth the same function . But S. Paul requireth the same graces in a Bishop and Presbyter , 1. Tim. 3. Hierome sayth : De Hier. Evag. Presbytero reticetur , quia & in Episcopo Presbyter reticetur , &c. There is no mention made of a Presbyter , because he is contained in the name of a Bishop . Ambrose saith , Episcopi & Presbyteri una ordinatio est , &c. There is one ordination of a Bishop and Presbyter , but the Bishop is the first . If they haue one ordination , then they haue both one function by the word of God : howsoever afterward the Church in pollicie hath distinguished them : which was done as Hierome saith : In schismatis remedium , To avoyd schismes . Ergo , seeing a Bishop and Presbyter are the same by the word of God , iurisdiction doth of right belong to both .

Arg. 7. All pastorall duties doe equally belong unto the Pastors : but to seperate the pretious from the vile , is a Pastorall duty , Ier. 15. 19. as it belongeth to the shepheard to seeke that which is lost , Ezek 34. 4. that is , to reconcile the penitent ; so also to separate the uncleane , to correct the obstinate . Augustine saith , De corrept . & grat . cap. 15. Pastoralis necessitas habet , &c. The Pastoral necessity requireth , lest the contagion should spread further , to separate the diseased sheepe from the sound . Ergo , it belongeth to Presbyters which are Pastors , and haue their flockes , Act. 20. 17. 28. to separate ane excommunicate the vile and uncleane .

Arg. 8. Whatsoever belongeth to the gathering together of the Saints , the work of the Ministery , the edifying of the body of Christ is to be performed by the Pastors and Doctors , with other Ministers of the Church : for to this end hath Christ ordained these offices , Ephes. 4. 11. But to separate or excommunicate , and reconcile , are profitable to the said purposes : This authority is given for edification , 2. Cor. 10. 8. Ergo , it belongeth to the Pastors and Teachers of the Church .

Arg. 9. The discipline should bee administred by such as are more likely to haue the spirit of direction , and to whom with the least perill of the Church the censures might be exercised . But an assembly of Presbyters are more like to haue the spirit of Direction , as the Apostles and Presbyters assembled in councell , saying , It seemed good to the holy Ghost and Concil. Affrican . can. 138. epist. ad Coelestium . to us , Act. 15. 28. Thus saith the Councell of Affrican : Vnlesse there be any that thinkes God inspireth one particular person with righteousnesse , and forsaketh a number of Priests assembled in Synod .

Again there would arise lesse danger to the Church by this means for there is a rule in the Law : Excommunicatus non potest excommunicare : he that is excommunicate himselfe cannot excommunicate another . caus . 24. q. 1. c. 4. But a Bishop or any one Ecclesiasticall person may by many occasions stand under the censure of excommunication : In what cases Bishops are liable to the censures of the church as if he haue two wiues ; caus. 24. q. 3. c. 19. or if he bee a teacher of errour hee must bee delivered to Satan . caus . 24. q. 3. c , 13. Pelagius or if he be an usurer caus , 14. q. 4. c. 4. or a blasphemer or swearer . Carth. 4. cap. 61. or a player at dice. Trullan . c. 50. or be negligent in preaching and so continue . can . Apost. 57. or giue orders for money . Chalced. c. 2 Or be promoted for money : Constant . Conc. 6. gener . c. 22. or make a lay man his vicar generall , Hispatiens . 2. c. 9. Or take upon him any civill office , as vice-presidentship , Iusticiariship , Decr. Greg. 3. 58. 4. or sit in causes of bloud , or giue sentence for the cutting off of any meber , as of ears , hands , &c. ibid. c , 5. So writeth Alexander 3. in his rescript to the Bishop of Canterbury . But a Bishop or any one man may stand excommunicate where an assembly or company cannot , in this case by whom should the discipline be administred . Ergo it is safer that the censures of the Church should bee disposed by many , then by one .

Arg. 10. Presbyters by the word of God , and practise of the Church are interessed in the spirituall rule and government of the Church : but the Excommunication belongeth to the spirituall regiment : Ergo , For the proofe of the proposition : first in the Scriptures wee find that the Apostles called together the Presbyters for the deciding of doubtfull questions : and by the Apostle the Elders that labour in the word are made rulers : the Elders that rule well , especially they that labour in the word . 1. Tim. 5. 17. they then that laboured in the word , were also ruling Elders : for how else should they haue a double honour , being excluded from government which is counted one of the greatest honours of the Church . Now the practise of the Church is most evident : Hier. saith : communi presbyterorum concilio Ecclesiae regebantur , ●●●rom . in ● . 1. In the beginning Churches were governed by the common advise of presbyters . caus . 11. q. 3 , c. 106. debent 12. sacerdotes Episcopum circumstare , &c. twelue Priests must stand by the Bisbop , when he denounceth excommunication : can . 108. When the penitent party was to bee reconciled the Bishop must bee assisted with as many : caus. 12. q. 2. c. 5. The Bishop could not dispose of the temporall things of the Church , much lesse of spirituall , inconsulto presbyterio , not hauing before consulted with his presbitery : neither was the assistance of the presbytery for decency and order onely , but of necessity : Episcopus nullius causam audiat absque praesentia clericorum , aliter erit sententia irrita ; The Bishop shall heare no mans cause . without the presence of his Clarks : otherwise let the sentence bee voyd , Carth. 4. c. 23.

Thus it is evident that at the beginning the presbyters did assist the Bishops in the regiment and gouernment of the Church , as is confessed also by our learned writers the government of the Church at the first was so apportioned : that neither the presbyters should doe any thing without the Bishop , Perpetual gover . p. 307. nor the Bishop dispose matters of importance without his presbytery . D. Fulke thus testifieth : it is manifest that the authority of binding Ans. to Rhem in 2 Cor. 2. sect. 4. and loosing committing and retaining pertaineth generally to all the Apostles alike , and to every pastor in his cure .

Thus was it in the beginning : but by little and little in processe of time Bishops began to encroach upon presbyters and their office .

1. Bishops had at the first but a priority before their presbyters , they were not How Bishops by little and litile encroached upon Presbyters . to suffer a presbyter to stand before them Carth. 4. 34. and within doores Collegam se presbyterorum esse cognoscat : let the Bishop take himselfe to be the presbyters collegue and fellow : but now Bishops are callled Prelats , Ministers subditi , their subiects .

2. As yet the Bishops had no speciall kind of ordayning , as differing in order from presbyters , as Ambrose saith : Episcopi & presbyteri una ordinatio : there is but one ordination of a presbyter and a Bishop : uterque enim sacerdos ; for they are both but Priests or Ministers , in 1. Tim. 3. afterward the Bishops brought in a speciall kind of consecration for themselues .

3. Then they went further that whereas in giuing of Orders , presbyters were ioyned with Bishops : Carth. 4. c. 3. ( cited before ) they did assume that office to Hier. Evag. 10. themselues , quid facit excepta ordinatione Episcopus . &c. What doth a Bishop , that a Priest cannot doe , ordination onely excepted .

4. But not contented to stay here : they forbid a presbyter , Benedictionem super plebem in Ecclesia fundere : To pronounce benediction or blessing over the people in the Church Agathens . can . 30.

5. Nay it was not lawfull for the presbyter , the Bishop being present either to pray , or doe any sacred action , vnlesse he were bid . Gelas . decr. 8.

6. But it was too painful for the bishop to take vpon him these ministeriall functions of praying , preaching , celebrating the Sacraments , and therfore they were content to remit these duties to the Presbyters . But confirmation was appropriated vnto Bishops : Disce hanc observationem ad honorem Hier. advers. Luciferan . esse potius sacerdotij , quam legis necessitatem . This observation is rather for the honour of the Preisthood , then by necessity of any Law .

7. But yet in Hieroms time , though presbyters ●dicens . ●6 . 17. were excluded from ordination and confirmation , they enterposed themselues in the iurisdiction of the Church : Nos habemus Hier. in Esa. 3. senatum nostrum , &c. As the Romanes had their Senate , so the Church had a presbitery by whose counsell all things were done .

Thus by litile and litle haue Bishops nibled vpon the presbyters , leaving them the laborious works : and taking the honors to themselues . We desire that things onely may returne to their first institution .

Obiections answered .

1. Obj. SAint Paul himselfe alone did deliuer Two kinds of delivering up to Satan . Alexander and Hymeneus to Satan , that is excommunicate them 1. Tim. 2. 20. Therfore excommunication many be decreed by one .

Answ. 1. Wee may here vnderstand a double kind of deliuering vp to Satan . Extraordinarie , How S. Paul deliuered up to Satan . when as satan did torment the bodies of such , as were delivered vp , as Satan tried Iob , thus thinketh Chrisost. vpon this place : for like as the Apostles had then the gift of healing to lose faithful men from the bonds of satan , so had they power to giue over the obstinat to satan . This power extraordinary might be executed by the Apostles Act. 5. Act. 13. alone , as Peter did upon Ananias & Saphira , and Paul vpon these two blasphemous persons . There was an odinary delivring vp to Satan by Excommunication : quia diabolo traditur qui ab Ecclesiastica communione ●erbis Apost. ser. 98. removetur : Because he is deliuered to the deuill , that is , remoued from the fellowship of the Church , for without the Church is the diuell August . This kind of delivering to Satan Paul excercised together with the Church . 1. Cor. 5. 5. 2. Or rather taking this for the same kind of delivering to Satan there mentioned : The Apostle is named here not as the sole but principall agent : as in another place hee maketh mention , only of the imposition of his hands : 2. Tim: 1. 6. yet the presbytery imposed hands with him , 1. Tim. 4. 14. So then here the Apostle onely expresseth the act done , that they were delyuered , as for the maner how it was done , we must haue recourse to the Apostles practise before in the Church of Corinch : as Chrisostom well noteth on this place : quommodo illum tradiderit audi , congregatis vobis & spiritu meo . &c. But how the Apostle delivered him , heare , Hom. 5. in 2 Tim. c. 1. when you are gathered together , and my spirit : and so he referreth vs to that place . 1. Cor. 5.

2. Object . There the Apostle did send his mandate , and the rest did but execute it . Paul Parpet . gov. p. 125. asked not theyr consent , but tried theyr obedience : [ For this cause did I write , that I might see the proofe of you , whether yee would bee obedient in all things . ] 2. Cor. 2.

Answ. 1. If followeth not , because the Apostle tried their obedience , therefore ●dicens . ●6 . 17. they had no power to excommunicate for they were to bee directed by the Apostle in their administring and executing of that power . 2. So as they in their spirituall obedience , were to forgiue where the Apostle would haue them to forgiue : so there was in the Apostle a mutuall correspondence to forgiue where they did forgiue . 2. Cor. 2. 10. There was then a concurrance of theyr powers in this action . 3. That the Church of Corinth did concur as principall agents , not as Ministers onely with the Apostle in this act of Excommunication is shewed bfore arg. 3

Obj. 3. We will allow every Pastor and preacher the key of knowledge to discerne , but not the key of power to excommunicate and absolue .

Answ. 1. These 2 keyes of knowledge and power though in some respect they differ Of the key of knowledge and the key of power . yet in vse they ought alway bee ioyned together , and in effect are the same : for the key of power is the key of the kingdome of heauen , giuen to Peter and the rest of the Apostles : math. 16. 19. I will giue thee the keyes of the kingdom of heaven soe the keye of knowledge is that wherby heauen is opened : as our Saviour sayth : Luc. 11. 92. Wo vnto you interpreters of the Law , for you haue taken away the key of knowledge , as Ambrose sheweth : clauem Petri fidem esse dixerim petri , per quam Ambr. set. 38. caelos aperuit : the key of Peter I call the faith of Peter , by the which he opened the heavens . 3. As then the Priest in the law did not onely discerne betweene leper and leper , but did giue sentence of separation : so the Pastors which haue the keyes of discerning , should haue the key of excluding or receiuing : who is able better to iudge , then he that can discerne . 4. The corrupt extravagant , that brought in the disioyned vse of the keyes confesseth ad aliquid convenienter definiendum vtraque Extrav . Ioan it . 14. c. 5. clauis cognossendi & definiendi necessaria requiritur : to define any thing well both the keyes of determining and discerning are necessary .

Object. 4 , The priuate vse of the keyes in appointing offenders to forbeare for a tyme Perpet . gov. p. 316. the Lords table wee deny not to presbyters , but not the publicke vse to exclude an impenitent person from all fellowship of the faithfull .

Answ. 1. This distinction of the priuate and publike vse of the keyes is but an humane invention : the Scripture knoweth no such difference : he that hath right to the one , hath interest in the other : the generall commission giuen to all pastors is : Whose sins yee remit are remitted , Here is no Ioh. 20. 23. limitation of remitting publikly or privatly . 2. it is more to separate from the sacramets , then from the prayers only of the Church . He then that can doe the more , is inabled to doe the lesse . 3. The Canons doe take those for all one , Communione Sardicens . can. 16. 17. priuare , & abijcere : To depriue of the communion , and cast out ; Exterminare de Eeclesia , & separare a communione : To thrust out of the Church , and put from the Communion .

5. Object , If Bishops haue any further auhoritie , then standeth with good reason , and the manifest examples of the primitiue Perpet . gov. p. 406. Church , wee striue not for it .

Answ. 1. But why ( we pray you ) do you make mention of the Canons of the Church onely , and not of the word of God : will you haue bishops to haue more authority , and Pastors lesse , then the word of God alloweth them ? 2. But we refuse not to debate this matter by the Canons , and practise of the Church , which notwithstanding hath been in part shewed before : argum. 10. and shall bee declared further in the answer to the 11. Objection . Hierom thus writeth : quomodo ibi leprosum sacerdos mundum vel immundum In Mat. ● . 16. facit , sic & hic alligat , vel solvit Episcopus & presbyter . As there ( under the Law ) the Priest made the leprous person cleane or uncleane , so here the presbyter bindeth or looseth . So then as the iudgement and censuring of the leprosie belonged not onely to the chiefe Priests , but indifferently to them all : He shall be brought to Aaron the Priest , or one of his sonnes the Priests . Lev. 13. 2. So now the censuring of spirituall leprosie should indifferently belong to all spirituall Pastors .

Further wee find that presbyters sate together with Bishops , and gaue voyces , and made decrees , not onely in matters , which concerne the word and doctrine ( as we are borne in hand ) but such as belonged Perpet . gov. pag. 291. to discipline and excommunication , and anathematizing as is evident . Concil. Eliberrm . to the which subscribed 36. presbyters can. 52. 62. 67. And in Arelatens . 2. can. 25. 28. and can * 30. they decree concerning the suspension of Bishops : to this Synod subscribed 12. presbyters , from hence it is cleare that presbyters assembled in a synod haue power to excommunicate . The imperiall Law saith : We charge all Bishops and Priests that they separate no Novil . constitut. 125. c. 11. man from the sacred communion , before they shew the cause : &c. And he that presumeth to excommunicate , let him bee put from the communion . Thus it was indifferent for Bishops or presbyters to excommunicate .

Obj. 6. Not in very Church , but in every citty there were presbyters assisting and ayding Perpet . gov. p. 183. the Bishop , and these were Clergy men , to helpe him in all sacred actions , and advise him in all iudiciall and Ecclesiasticall proceedings . p. 184.

Answ. 1. Neither do we urge to haue a presbyterie of Clergy men in everie parish Church , but that in every division the presbyters and Pastors should assemble together for the execution of Discipline : 2. It being confessed that presbyters in cities haue assisted the Bishop in Ecclesiacall proceedings , why then may not the presbyters of country Churches be admitted , who are so much the more fit , because they are acquainted with the particular diseases in their severall cures . 3. The Presbyteries were not onely in great and populous citties , neither had the bishops them such large circuits , but that one presbytery might suffice for the Cittie and confines thereof : for then the bishop had his proper parish , Episcopus propriam parochiam non derelinquat . Can. Apost. 13. his The Bishop had his proper flock . proper Church . The bishop qui non acquierit ire ad Ecclesiam sibi commissam , Which did not resolue to goe to the Church committed to his charge , should be put from the communion . Antioch . concil . c. 17. hee had his peculiar flock . Episcopus grege sibi commissum , &c. The bishop must instruct the flocke committed unto him , with the preaching of the word . Turonens . sub Carol. Then bishops lived not onely in famous great Citties , but in base and obscure townes . Episcopus de loco ignobili ad nobilem per ambitionem non transeat : A bishop ambitiously must not go from a base and ignoble towne to a noble , Carth. 4. can . 15. Then bishops had not such a large Diocesse . In Augustines time there were in one province under Carthage of the Catholicke & Donatist aboue Bishops 9000. Of the Catholicks part there were present 286. and absent 120. by reason of sicknesse and old age . Epispall Churches voyd 60. in all 466. Of the Donatists there were present 279. absent 120. Churches voyd , 60. in all 459. These so many bishops in one province cannot be thought to haue had Diocesses much larger then some parishes . And few bishoprickes haue so many parish Churches under them : and none in England ( unlesse it be Norwich ) is found to haue more . It is no marvell then if one presbyterie with the bishop sufficed for such Diocesses .

Object . 7. Presbyters sate with the bishops at the first as assessors and consenters , before Perpet . gov. p. 317. Synods undertooke such causes .

Ans. 1. The frequenting of Synods was no let to the authority of the presbytery . 1. It was a Synod that decreed , that Sententia Episcopi , &c. The sentence of the Bishop should be voyd , if it were not confirmed by the sentence of the Clergie . Carth. 4. c. 23.

2. From the Nicene Councell to the time of this Synod , were assembled in the space of an hundred years and somewhat more , twenty provinciall Synods as the Elibortine . Arelatens. 1. and 2. Gangrens . Agrippin . Antioch . Sardic . with others . 3. And before this it was decreed , that there should be a Synod of bishops twice every yeare , Antio . c. 20. Constantin . 1. c. 2. But after the time of this Synod of Carthage , when the authority of the presbytery began to bee impaired , it was decreed that bishops should assemble but once in the yeare , Toletan 3. c. 18. So that , even when Synods were most frequent , the presbytery was in greatest authority , & it began to fail when Synods were not so often celebrated .

Obj. 8. For our parts though we take the keyes to be common to all that haue pastorall charge of soules in their degree : yet to avoyd Perpet . gov. p. 320. the infinite showers of excommunication , &c. if every presbyter at his pleasure might excommunicate , we praise the wisedome of Gods Church in suffering no inferiour to excommunicate without the Bishops consent , &c.

Answ. 1. If by the institution of Christ , the administration of the keyes be common to all pastors : what presumption is this for men to take upon them to be wiser then God , & to change his institution : The Esay . 40. 13 prophet saith : who hath instructed the spirit of God , or taught him : 2. It is not the wisdom of the Church , but the ambition of Bishops , that hath excluded the pastors , as Diotrephes , that loued to haue preeminence , would not receive the brethren . 3. Neither are Ioh. epist. 3. excommunications the fewer , because one by the Bishops authoritie excommunicateth , but the more : for there is like to be more grace and discretion in a companie of reverent and learned pastors , then in one vnlearned Chancellor or Officiall : and the Courts now intend their own gain , & therefore multiplie excommunications , wheras then the profite of mens soules should be expected . As though there hath not been long since complaint made of the multiplicite of excommunications : tot hodie fiunt & officiales , quod vix est aliquis &c. There are so many excommunications now a dayes by officials , that scarce any man , that feareth God can liue in the world with a safe conscience . Whervpon it was directed , vt caveant ab earum multiplicatione , &c. That they should beware of multiplying excômunications , lest they be brought to contempt , These are the showers of Chancelors and officials excommunications , that flee faster then lightening in tempest .

Object . 9. In our vnderstanding the Minister of the parish doth giue his consent . to the petition . p. 23.

Ans. What consent call yee this , when the Chancellor , or Officiall sendeth his mandate , and the Minister must denounce the sentence of excommunication , or be suspended himselfe : doe yee count this consent sufficient : what is the pastor here els , but the officials slaue to denounce his censures ; What is this els , but against the Apostle to be the seruantes of men : But 1 Cor. 7. 21 De 7. ordin . Eccles . as Hierome saith : non in dominatione vt servos habeas , sed in ministerio liberos : preachers should not be vsed , as servants with indignitie but as free men in their ministrie .

Object . 10. They intend the inabling of everie particular pastor alone to excommunicate . Answ. to the petition ibid.

Ans. Neither is it our desire , that every particular Pastor should be inabled to excomunicat vntruth . We giue no such power to particular pastors . himself alone against the Apost. rule : not as Lords ouer Gods heritage , As the the other is slavish , so this were popelike as Hierome will saith : contenti sint honore suo , sciant se patres esse , non dominos , Let them be content with theyr owne honor , and know they are fathers and not Lords .

Obejct . 11. If the pastor ought to be ioyned in commission , there would followe a world of troubles : Answ. ibid.

Answ. Neither were it fitt , that everie pastor , should be ioyned in commission with the Chauncelor , and attend vpon his courts , for that were infinite , and tedious for the pastors , to withdrawe them from their flocks , Cyprian will saith : Neque in altari meretur nominari in sacerdotum prece , 1. Pet. 5. 3. Lib. 1. ep. 9. qui ab altari sacerdotes avocare volunt . Hce deserues not to be mentioned in the Minicters praiers that would draw him from executing his Ministery . But it shall euen now appeare what our desire is .

Our desire is , that discipline , may be administred according to the rules of Gods word ? or , as things now stand , seeing there are three persons in this busines to bee respected the Bishop in his diocese : the officers and Ministers of the Bishop : and the severall pastors ; Wee would haue euery mans right reserved , that all matters of instance and ciuill pleas should be still referred to the Civill Iudges : but matters of office as they are called excommunication , and spirituall misdemeanors , to be censured by the companie of presbyters in euerie Deanrie and division ( assisted if it please the kings Maiestie with some graue persons of the Lay sort ) to be assembled monethly together , or otherwise : as there shall bee cause , and from them if there bee any iust agrevance , appeale to be made to the bishop Synods of the Bishops and Presbyters necessary . with his synod of presbyters . For this course to appeale , and referre doubtfull matters to synods , is both agreable to scriptuers , and practise of the ancient Church : As in Antioch , when the Church was troubled about cercumcision they sent to the Apostles and Elders about that question , Act. 15. 2. Thus was it decreed in the great Nicene synode , that in euery prouince bishops should assemble twice in the yeare , to heare the complaints of such as were excommunicate . can 5. The same decree is revived : Antioch . c. 20. Neither had they onely provinciall synods , but the bishop for the same cause , had his assembly of pastors . Cyprian writing to the presbyters , and deacons of Carthage saith ; A primordio Episcopatus mei statui nibil sine consilio vestro mea privatim sententia gerere , &c. Since Cypr. lib. 3. epist. 10. my first entrance into my Episcopall charge . I dermined to doe nothing priuately of my self without your counsell : Gregorie saith : lest there be any dissention among brethren &c. Lib. 7. epist. 110. In unum convnire sacerdotis est : &c , It is necessarie for the Priests to meet together : quem negligentia reijcit , cum omnium presbyterorum consilio refutetur : whom his owne negligence maketh vnworthy , let him be displaced , by the councell of the presbyters , Turenens . 2. c. 7. For this cause it was not long since decreed by a provinciall synod : singulis annis saltem synodus diocesane a singulis Reformat Ratisp . art. 35. Episcopis celebrant : Euery yeare at the least let everie Bishop celebrate a synod in his diocese .

Thus if this course were taken Christs institution for the censure of excommunication shall be kept , the Pastors shall bee reverenced , the preaching of the word furthered , people with long iournies not wearied , manners shall bee duely corrected . And thus much is insinuated by Cyprian : Epist. 3. ad Cornel. A Equum est & iustum , ut uniuscujusque causa illic audiatur , ubi est crimen admissum , & singulis pastoribus sit portio gregis a scripta , quam regat unusquisque & gubernet , rationem sui actus Domino redditurus . It is right and iust , that every mans cause bee heard , where the fault is made , and to every pastor a part of the flock should be committed to bee governed .

Wherefore ( most noble King ) 1. seeing The conclusion . excommunication should bee decreed by an assembly according to Christs rule . Matth. 18. 18. 2. Neither should there be any monark or sole commander in the spirituall regiment of the Church . 3. If S. Paul did not excommunicate without the Pastors . 4. If all that haue authoritie to preach haue right to the keyes . 5. If they which haue a ioynt power of ordination , haue also of iurisdiction . 6. If by the word of God a Bishop , and a Priest are all one . 7. If all pastorall duties equally belong to all Pastors . 8. If whatsoeuer appertaineth to the edifying of the Church is appendant to the pastors office . 9 If it be safer that many excommunicate by consent , then one . 10. If it hath been the practise of the Church to ioyne presbyters with Bishops in the spirituall regiment of the Church . 11. If all Priests indifferently under the Law did separate and restore lepers , whereunto answereth excommunication , and reconciliation now . 12. If presbyters sate in councels , and gaue voyces , and are allowed , by the Law imperiall to excommunicate .

And further seing nothing can bee obiected of any moment : 1. Neither S. Pauls delivering to Sathan of Alexander and Hymeneus 2. Neither of the Incestuous yong man at Corinth. 3. seeing the key of knowledge , which pastors haue , is not to be severed from the keye of power 4. and as well may the publick use of the keyes , be committed to Pastors , as the private . 5. And seeing presbyters in citties haue dealt with the censures , the Pastors of the country should not be excluded . 6. Neither is the frequenting of Synods any hinderance to the Ecclesiasticall presbytery . 7. 8. 9. Nor any other inconvenience need to be feared : We trust your Maiesty will follow , the example of David , to distribute the offices indifferently among the sonnes of Aaron , 1. Chronicl. 24. 4. that a Theodoret. lib. 5. c. 37. few onely haue not the preeminence , and the rest bee despised . Theodosius the Emperour , when hee was excommunicate a levi homuncione , of a light cockbrain fellow , because hee granted not the thing which he requested , would not enter into the Church , before hee had been of the same party absolued . As we condemne the malepartnesse of the Priest ( no such authority beeing giuen to any one in the world to censure Kings ) so thus far wee wish that good Emperour to be followed that the censures of the church may be reverenced , being first restored to the originall institution : We aske nothing ; but what your Maiesty hath given hope of that discipline 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 43. B. Bilson p. 320. Perpet . gov. . be preserved in puritie according to the word : and which some of the greatest opposites to this cause haue granted : We take the power of the keys to be common to al that haue pastorall charge of soules , in their degree . And so wee conclude this matter with that sentence of Hierom : which wee desire our reverend Bishops to think uppon , sicut presbyteri &c. as presbyters know , that by the custome of the Church they are made subiect to him that is set over them : ita Episcopi se noverint magis consuetudine , quam dispensationis dominicae veritate presbyteris esse maiores , & in commune debere Ecclesiam regere ? So let Bishops know , that rather by custome then any divine dispensation , they are greater then presbyters , and ought to governe the Church in common , in 1. c. ad Titum . & citatur , distinct . 95. c. 5 And Hierome againe saith : Episcopi sacerdotes se esse noverint , non dominos , honorent Clericos , quasi Clericos , ut & ipsis a clericis , quasi Episcopis honos deferatur : scitum est illud oratoris Bomitij : cur ego te habeam ut principem , cum me non habeas ut senatorem . If Bisbops will be counted as chiefe and principall they must admit their Pastors to bee as Senators , and of their Councell . Hierom. ad Nepotian .

4. Against extorting of unreasonable fees .

Obj. 1. There are severe lawes made already in that behalfe . p. 24.

Answ. Notwithstanding the severe canons provided against the extorting of unreasonable fees : who knoweth not , what intollerable exactions are used in Ecclesiasticall Courts . The time was , when the Cod. lib. 9. tit . 27. Leg. 3. Gratian. Iudge ought to take nothing for his sentence : when nothing was to be exacted of the innocent party : Colon. p. 13. c. 7. speciem aequitatis non habet , quod ab Innocentibus absolutis quippiam expensarum nomine exegatur : when nothing was to bee taken of the poorer sort , a pauperibus non valentibus solvere nihil recipiatur , append . Basil . c. 10. It is not aboue 250. yeares since , when this order was taken by Iohn Stratford of Canterbury , Liuwood . de censen . c. Saeva . that ministers should pay for their letters of orders , but 6 pence for their letters of institution but 12 pence . It hath bin decreed , that none should exact ultra statuta Caus. 16. q. 1. c. 62. leo . Extr. com . l. 3. tit. 10. c. 1. patrum beyond the rates appointed , and should take lesse then the custome , not more : But how the world is changed , who can be ignorant what large fees are payed for sentence , innocents not spared the pore not pittied : for probates of testaments double required to that which the statute aloweth : for acquittances . Executors , some ten , some twenty yeares after are forced to pay some forty , some fifty Shillings , some more . Letters of institution are growen from twenty Shillings in the beginning of Queen Elizabeths reigne to foure or fiue pound . Letters of orders taxed in many places after the same rate . Archdeacons in their visitation haue exacted twelue pence , sixteen pence yea two Shillings for the article books , not much more aboue three pence . And not long since , when the fifth of August was commanded to be solemnised for the Kings deliverance , in some dioceses the Church-wardens were urged to pay twenty pence for copies of the letters . It were too long to reckon up al the exorbitant courses of these Ecclesiasticall courts and officers , which since the canon made in the convocation . anno 1597. haue been more intollerable , then before : and seing convocation canons are no more regarded , wee desire that their exactions may be restrayned by parliament statutes , that some of the ancient lawes may bee revived against such : as either the law of Theodosius to be punished fourefould : or the decree of Innocent . the 3. Extorta restitu it , Cod. lib. 9. tit. 27. l. 6. & tantundem pauperibus eroget , to restore what is exacted , and to giue so much to the poore : or of Benedict . the 12. that they pay twice so much within two moneths , or Decr. Greg. lib. 3. c. 49. c. 8. Extrav . com lib. 3. tit. 10 c. 1. can. 24. els be suspended from their office : or the decree of the 8. generall Councell , concerning such enormities aut corrigatur , aut deponatur : that if they bee not amended , they should be deposed .

5. Of farming of iurisdiction .

Censure : IT is of it selfe a matter indifferent , neither good nor evill , but as it is used . p. 24.

Answ. And doe our brethren hold the farming of Ecclesiasticall Iurisdiction to be so indifferent a thing ? How is it possible , when some Chancellours and officials pay 20. some 30. some 50 pound , yearly for their place : registers , some an hundred , some 200 pound , some more , but that they should extort in their office , and by unreasonable and intollerable exactions make up their hard rents ? Is this thing , neither good , nor evill : We wonder , that men professing the Gospell should bee thus besotted and blinded ; seeing the papall Hierarchie hath detested such corruptions . Lateranens . par. 1. c. 15. quidam pro certae pecuniae quantitate jurisdictionem Episcopalem exercent , qui de caetero praesumpserit sic facere , officio suo privetur , & Episcopus conferendi hoc officium potestatem amitttat : both the officer that farmeth his office shall bee deprived , and the Bishop loose the gift . So was it also decreed . Coloniens . sub Adulph . med. 3. c. 3. Non licet praelatis officia sua pro pecunia alicui committere : that no prelates should let out their offices for mony .

6. Of the restraint of marriage at certaine times .

Obiect . IT is falsely called a popish canon , it was anciently used in the Church . Laodicen . c. 52. and being rightly used is commendable &c. Ans. to Petit. p. 24.

Answ. 1. The 52. canon of the Laodicene Councell , which decreeth , that marriage should not bee solemnized in Lent , doth no more shew , that the restraint of marriage is not superstitious , then because , can. 24. mention is made of 7. Ecclesiasticall orders , and can. 48. of chrisme to bee used after baptisme , it might be inferred , that neither are these observations popish : We count not onely those corruptions popish which the pope in his ruffe invented , but those of Elder time , which hee hath retayned : and seing the mysterie of iniquitie wrought in the Apostles time , it is no marvaill , if it wrought in the time of this Councell .

2. This canon obiected maketh but one restraint of Marriage in time of lent , but the Church of Rome brought in three : from More times of restraint for mariage observed in England , then in the popish Church . Advent to the Epiphany , from Sepauagesima to the octaves of Easter : from the Rogation week to the octaues of pentecost : all which times are strictly urged in Engl. still : And yet the last time interdicted at Pentecost the Tridentine Chapter hath dispensed with . Ses. 24. cap. 10. So that heerein Protestants are more superstitious then Papists . 3 This canon for restraint of marriage had but a superstitious beginning : it was prohibited against such festivals , because of the holinesse of the time : so that these absurdities follow that marriage is a disgrace to these times , which the Apostle calleth honorable , Heb. 13 4. And that some time are more holy , then other , contrary to the Apostle Galath , 4. 10. And if marriage bee not fit to be solemnized , then all matrimoniall duties might as well bee forbidden and so married persons should bee forced to forbeare and to absteine the third part of the yeare : who iudgeth not , how inconvenient this would be ? 4. But seeing marriage in these times may bee lawfull by dispensation , to what other use serued that canon , then to draw advantage to their purses ? If they can make it lawfull for mony to some , as well may the parliament make it lawful to all persons without money . And so the Petitioners request is resonable , that ( day of fast onely excepted ) this & al other Popish & inconvenient canons should bee abrogated , according to the statute of Henry 8. that such canons , as by the 32. Commissioners to be nominated by the king should be found contrary to the word of God and the law of the land be abolished . This acte was made ann. Henry 8. 25. c. 19. repealed , ann. 1. 92. of . P & M. reviued ann. Eliz. 1. c. 1. We desire onely the execution of it .

7. of the longsomnesse of Ecclesiasticall suites .

Obiect . IT is not the fault of the Court , or Iudge &c. but some time the error of pleading , the intricatnesse of the cause , cunning of proctors . &c

Answ. 1. None of these pretenses can excuse the length of sutes . 1. If the error Cod. lib. 2. tit. 28. c. 1. be in the forme of pleading , let Constantins law take place . Iuris formulae te aucupatione syllabarum amputentur . They sbould not stand soe strictly vpon termes and querks of lawe , but goe directlie to the equitie of the cause : as Innocent wrote to the Bishop of Hereford : Non secundum formam Lateranens . par. 7. c. 13. in literis expressam , sed secundum vigorem iustitiae iudicandum : Iudge not according to the termes of the letter , but after the tenure of iustice . 2. If the fault be in the advocate , let Iustinians law be executed : Cod. lib. 3. tit. 1. c. 11. Puniatur in duab . libris auri : Let a fine be set on his head . 3. If the proctors trifle , and make vnnecessary pleas , let Theodosius law be revived , that the iudge may remoue them , ab executione , from their practise , vt sciant causas à se non esse deludendas , that they may learne , not to delude causes . 4. If the Clients be perverse , Cod. lib. 3. tit. 3. c. 2 and absent themselues , Iustinian also hath taken order for that : The Iudge may determine the suite in their absence , and against their willes .

2. Now for the time to be limited for the determination of suites , the ciuill law prescribeth two yeares for criminall causes : three years , for ciuill & pecuniarie suits . The canon law also setteth , for the Extav com . lib. 1. tlt . 9. c. 1. Sixtus . 4. hearing of Ecclesiasticall suites betweene partie and partie two yeares : But this is to bee presupposed in most difficult and intricare causes : for the determining of some other civill or criminall , a lesse time is limited , as the space of 20. dayes : Sciant Cod. lib. 1. t. 5. leg . zeno Iudices intra viginti dierum spatium debere se prefata litigia postquam orta fuerint , terminare : And generallie this respect of Clergie mens suites . Vt disceptatio litis Cans . 11. q. 1. c. 45. duorum mensium spatium non excedat . They should not exceed two monethes : It were to be wished , that some of these lawes What time may be thought meet to be limited for the detaining of suites . were restored that a certaine time should be prefixed , for a finall end of suites . A yeare or two at the most might suffice for the deciding of the most intricate causes . Now the Iudge , Register , advocate , proctor are all agreed to prolong suits for their aduantatage , and so , as the prophete saith : they wrape it vp . Mic. c. 7 , 3. But the chiefe fault is in the Iudge , who might abridge suits , if he would : And therefore Iustinian punisheth the Iudge , in 10 Cod. lib. 1. tit. 1. leg. 11. pound of gould , that determineth not causes within the time prescribed : Leo the 10 decreeth them to be excommunicate : Iudices causas coram eis pendentes sub poena excommunicationis terminare debent . The like Latran . sub . Leon. 10. sess. 11. course if it were taken with our Ecclesiastical Iudges the whole kingdom would soone finde great ease .

8. Of the oath ex officio .

Object . THE oath , ex officio is used as it ought to be by men of wisdome , experience , conscience &c. Answ. p. 25.

Answ. The oath ex Officio wee desire that it were in Ecclesiasticall courts more sparingly used , or rather never used , and in these poynts reformed , wherein we think it is enforced contrary to the word of God , and the law of this land .

1. The oath whereby a man is forced to accuse himselfe , should not be used in ordinarie proceedings , and in trifling and common causes , as now it is , but in weightie and great matters , which tend to the disturbance of the common peace , or are against the State , such as are handled in the most honourable Court of the Starre-chamber : and it should bee used rather in civill causes then canonicall , as in matters of trust , Exod. 22. 11. And so by the Imperiall law , in actione depositi , a man might be onerated with an oath . Cod. lib. 4. tit. 1. leg . 10. So in action of debt , the debter might be put to his oath . Ibid. leg. 9.

2. This oath is ministred propter inopiam probationum , where other proofes fail , Cod. lib. 4. tit. 1. leg . 3. And the Canon law saith , In ipso causae initio non est à quaestionibus inchoandum : They must not begin in the entrance of the suit with questions . So in the case of iealousie between man and wife , where no other evidence was , the woman was charged with an oath or execration , Numb. 5. 21. But now a man convented is first put to his oath , though other profes be at hand .

3. Where one is pressed with this oath a partie and accuser should be given , that he which is accused may referre juramentum , may haue liberty to returne the like oath upon his accuser . Cod. lib. 4. tit. 1. leg . 9. Iustinian giveth this reason , Non debet respuere in persona sua quod placuit in persona adversarij . Hee must not refuse to sweare in his own person , seeing hee put his adversary to it , ibid. leg . 12. This course is held in the honorable Court of Chauncery , that where that partie is examined upon his oath ; his adversary that putteth in the bill appeareth against him . This standing forth of the accuser is approved by our Saviour , Woman , where are thine accusers , Ioh 8. 10. The heathen Iudge had this equity to say unto Paul , I will heare thee when thine accusers are com , Act. 23. 35. The Canons are most pregnant this way , Iulij . 1. decr. 1. that an accuser should bee produced in iudgement : Non oportet quenquam iudicari aut damnari antequam accusatores suos presentes habeat : None ought to be judged or condemned before he haue his accusers present . Non ante accusatus supplicio deputetur , quant accusator presentitur : That the partie accused be not adiudged to punishment before his accuser be produced . Wormatens . c. 42. Necesse est secundum scripturarum documentum , & accusatorum & accusatum simul adesse . It is necessary according to the doctrine of the Scriptures , that both the accuser and accused be present at once . Nicol. 1. de Iudic. c. 10. No cause shall be admitted to any to determe , Nisi personae appareant , quae volunt personam criminosi impetere : Vnlesse the parties appeare that will accuse the guiltie person . Thus both by Scripture , lawes imperiall , Canons of bishops , Councels provinciall and generall , it is evident , that no man ought to be condemned without an accuser ; wherein the course which is taken by the ministring of an oath Ex Officio faileth .

4. Clergy men are priviledged not to be examined upon their oath , Citra iniuriam questiones testimonium dicunt . Cod. lib. 1. tit. 6. leg . 8. Theodos . They must giue their testimony , not forced therto by question . As they are excepted by this law from torture of body , so by the same reason from the forcing of their conscience ; especially the Bishop should not exact such a compulsiue oath of his Clergie . Nullus Episcopus Clericos suos , nisi forte quibus Ecclesiasticarum rerum dispensatio commissa fuerit , sibi iurare compellat , Caus. 22. 5. 23. Placuit ut nullus Episcopus quenquam Clericorum iudicare , aut condemnare presumet , nisi accusatus legitimos accusatores habeat . Wee think fit , that no Bishop do iudge or condemne any of the clergie , unlesse the party accused haue lawful accusers present . This also is agreeable Inter decret. ab Adrian collecta . to the Apostle : Against an Elder or a Presbyter receiue no accusation but under two or three witnesses , 1. Tim. 5. 19. But now in Ecclesiasticall proceedings there is no respect had to the reverent calling of preachers , but they are indifferently put to the oath , neither is there an accuser produced .

5. The Prophet Ieremy would haue us to sweare in iudgement . Ierem. 4. 2. that is , not rashly , but deliberately and advisedly : but they which are examined upon the oath can not sweare in iudgement , because they know not the articles before to consider of them , but they that sweare make a present and direct answer , they know not to what . This is also contrary to that decree : Latran . sub Innocent. 3. c. 8. Contra quem facienda est iniquisitio , &c. exponenda sunt illi capitula de quibus fuerit inquirendum , ut facultatem habeat , defendendi seipsum &c. He against whom inquisition is made , must haue the points , declared unto him , whereof hee is to bee exaamined that he may haue power to defed himself , Ergo the oath ex officio is not according to iudgement .

6. We must sweare also in righteousnesse Ierem. 4. 2. But so doe not they , which take the oath ex officio , because they are forced to accuse and bretray their brethren , which is against the law of charitie and righteousnes . In which case a man should bee resolved to say with Ambrose , prius est , ut animam mihi quam fidem auferat . I wil sooner loose my life then my faith .

7. It is against the Law , to force a man to produce witnesses against him self : Nemo contra se cogitur testes producere . Cod. lib , 4. tit. 20. leg . 6. Ergo it is against the law for a man to be forced to be a witnesse against him selfe .

8. By the ciuill law a witnesse produced against his will , must not carcerali custodia detineri &c. Be commited to prison , nor deteyned aboue 15. dayes : Cod. l. 4. 20. 15. But they which are produced to testifie against themselves are committed to prison , and kept not onely , 15. dayes , but so many weeks and moneths , till they submit themselves to the oath .

4. The Scripture saith : in the mouth of two or three witnesses , shall every word stand 2. Cor. 13. 2. Hereunto agreeth the civill law , vox unius , vox nullius : the voyce of one is the voyce of none , Cod. l. 4. tit. 20. l. 8. Constan . And the canon law : Vnius testis responsio omnino non audiatur : one witnesse is not to bee heard , Caus. 4. q. 3. c. 2. If one witnesse is not to be accepted , much lesse where no witnes is , should any be condemned .

10. The same party should not be both accuser and iudge : our Saviour , to whom as a iudge they presented the adulterous woman , would not condemne her without accusers , Ioan. 8. The Canons agree : Nullus praesumat Cans . 4. 44 c. 1. 2. accusator simulesse , & iudex : Let none presume to be accuser and judge . Fabian . epist. 1. Damasc . ep. 3. c. 7. Concill . Oxoniens . sub Steph. But in urging the oath ex officio the Iudge and Court are accusers .

Wherefore ( O most noble King ) 1. seing the oath ex officio should bee in waighty not common , in civill rather then in criminall causes . 2. seeing it should be used , but when other proofes faile . 3. And that an accuser should be produced . 4. And the Ministers by law are priviledged . 5. Seeing such cannot sweare in iudgement , not knowing the articles obiected . 6. nor in righteousnesse , being forced oftentimes to accuse their brethren . 7. Neither should a man be forced to produce witnesses against himselfe , 8. neither should witnesses be imprisoned . 9. And every word should stand in the mouth of two or three witnesses . 10. Neither should the same be Accusator & Iudex . We hope your Majesty seeth , what iust cause the Petitioners had to moue , that the othe Ex officio be more sparingly used : which course seemed strange in ancient time : as Ambrose reproveth one Syagrius Bishop of Verona ; for condemning a virgin without an accuser : Vbi talis iudicandi formula , Epist. 64. si leges publicas interrogamus , accusatorum exigunt , si Ecclesia , &c. Whence had you this forme of proceeding , if we aske the common Lawes , they require an accuser ; if the Church , in the mouth of two or three witnesses every truth standeth .

9. Of Licenses for marriage without banes asking .

Object . LIcenses for marriage are most cautelously granted and that upon severe punishment to ensue if the constitution be violated . Answ. p. 25.

Answ. The inconveniences which ensue upon licenses for marriage , as they are now granted , are many .

1. By this meanes iniury is done unto the parents without whose consent their childe , and sometimes heire is carried away , and married without further notice .

2. Precontracts are by this means deluded , when as marriages are hudled up without publicke warning , that they which haue interest might take exception .

3. These licenses giue way to clandestine and secret marriages , which are forbidden both by Gods law and mans .

4. The Church and congregation is offended , the Pastor mocked , when two of their parish are ioyned in marriage , they know not where , nor when . Secondly , as for the severity of the constitution , the strength thereof dependeth upon the bonds of the suerties which may be knights of the post , & men of no worth ? And notwithstanding this canon , licenses haue been abused as much as before , as some of us can speak of experience . Thirdly , the Petitioner then had reason , to moue , as they did : And further , we explaine our Petition , that either licenses might be cleane cut off , and banes thrice asked without any exception , according to the Communion book , as it hath been in some Synods also decreed : or that noble personages , or men of the like quality onely be priviledged , as the constitution intendeth : and that they to other be granted very seldom , and that upon necessary and urgent occasion , better cautions , and more reasonable fees : that , as other Coloniens . par. 7. c. 43. August . c. 21. things , so marriages may bee done , according to the Apostles rule , Comely , and in order . 1. Cor. 14 40. But now by these licenses order is broken , and a way made to many uncomely , and unhonest proceedings .

The defence of the Conclusion .

1. Censure THE ydle vaunt , that the Answ. p. 2● Petitioners make , &c. they haue passed over in silence many learned tractes .

Answ. Wee trust by this defence it doth appeare , that it is no idle vaunt ( that the Petitioners are able to shew the particulars given in instance , not to be agreable to the scriptuers : ) The treatises written on the contrarie part , the Petitioners professe not to confute , the world is too full of such bookes alreadie , & the common adversarie reioyceth too much in our domesticall contentions : yet some of them where it was needfull , are answered : some as superfluous , are omitted : of the which we may say with Ambrose , Accusationem non tacendo confirmant sed despiciunt In Luc. 22. non refellendo : They are best refuted , by beeing despised .

Yee will by argument silence them . ] Boast not too much of your strengh , let not him that puteth on his armour , boast , as he that putteth it off : we doubt not , but to whom God hath geuen affection to loue his truth , hee will also graunt elocution to defend it . But though you could put men to silence , the truth , will not be silenced : Melior est causa , quae non defenditur , & probatur , taceat Serm. 49. lingua necesse est , vbi ipsa equitas sibi adest : as Ambrose saith . The goodnesse of the cause doth the better appeare when it is approued without defence . The gracious effects vnder her Maiesties late happie reigne , proceeded not from the discipline but from the doctrine of the Church , which if it had been cherished by a good foster sister , would haue brought forth more glorious fruits . His Maiestie , what defects soever he found in the reformation of his former kingdom , ( which are not such as you insinuate ) he knoweth wisely to distinguish between the faults of men , and the nature of the thing , as the law saith , Delictum Reg. iuris . 76 personae , non debet in detrimentum Ecclesiae redundare . The persons fault should not bee the Churches praeiudice .

2. Cens . That God hath appointed his Maiestie &c. for such a purpose as they conceit , what poynt of divination ? &c.

Answ. We doubt not , but that God hath appoynted his Maiestie to the kingdome for such a time : euen to reforme such things as are out of square both in Church and Common-wealth : that we may say of his Maiesty with the Prophet : Vocaberis instaurator ruinae , & institutor semitarum . Esay . 58. 12. As for the Petitioners , they haue neither Popish nor puritan humors to be purged of : Where the sicknes is we trust our princely physitian will in time finde out : As Augustine saith , Qui Soliloq. 1. 14 medici officio fungitur melius intelligit , qui sani sunt , quam ipsi qui sanantur : The Physitian better knoweth who are sicke , or sound , then they which are healed . Neither do we wish the state to be dissolved , but the corruptions to be reformed : The state of the Church as we deny it not to bee in part , as they say ; acceptable to God , honourable to his highnes , comfortable to many thousand Ministers , so we desire , that in each sort it may be more : and say with Augustine in an other case optandum Epist. 16. est vt fiat , supplicandum est , vt fiat , non quasi factum fuerit consulendum . It were to be wished that so it were , but cannot be sayd , that so it is .

3. Censure . He that will indifferently consider , &c. shall haue iust cause to approue the iustice , commend the mildnes , &c.

Answ. Wee wish the same which our brethren write , that such mildnes had beene vsed by the governors of the Church toward the preachers , which were silenced , imprisoned , deprived for refusing the surplice and crosse , and such other matters ( to the vrgers of them ) of no great importance : God shew them more mercie in that day . Certainlie howsoever their severitie before men , by authoritie may be excused , yet their clemencie would haue bene more commended , as Ambrose Epist. 58. well saith , Vides quid authoritas tribuat , quid studeat misericordia : excusationem habes , si feceris laudem , si non feceris .

4. Cens . As for that clause of mens traditions , it is odious : Answ. p. 27.

Answ. Let our brethren tell vs in good sadnesse , whether they can proue , the surplice , crosse in baptisme , non residencie , excommunication by Chancelors , officials , by the scriptuers ? If they cannot , what are they els , but mens traditions ? And it is acknowledged , Perpet . gov. p. 320. that this last is challenged not by Gods law , but by mans : How say our brethren then is it not an humane tradition : this hiding of the disease tendeth not to healing , but to Lib. de dile . c. 5. further hurt : Nolens se esse reum addit ad reatum , excusando ignorat , non se poenam removere , sed veniam . He that will not be guilty , increaseth his guilt , and by excusing himselfe procureth 〈◊〉 pardon , but punishment .

5. Cens . Are we the men , that are addicted to our own quiet , credit , and commodity ? Ans. to petit . p. 27.

Answ. Who seek their quiet in the world more then idle ministers that either do not , or cannot preach ? who their credit more then they that seeke to haue preheminence aboue their brethren ? who their profit more then they that heape living to living , benefice to benefice , dignity to dignity ? Are not they the men that take upon them to bee proctors and patrons for all these ? Wee charge them not to put out their money to usurie , their multiplicity of livings will make them rich enough without it : their labours by preaching and writing against the common adversaie we dispraise not , but wish the one were more , and the other in many to better edifying : Neither are their brethren the Petitioners inferior in any of these travels : But this wee dislike , that our bretheren should thinke by their labours to colour and countenance these corruptions : This were as Hierome saith : Rem medecinae vulnus Ad Demetr. facere , remedium animae venenum : To make a wound with a medecine , and turne the remedie of the soule into a maladie .

6. Cens . It is obiected , That the desire of the Petitioners doth not suit with the state of a monarchy : whereunto our answer briefly is this :

First to enforce this conclusion , the confuters Vntruth diverse . produce false and slanderous premises , as that we would haue the king confined within the limits of some particular parish : that they giue vnto the presbyters power to Answ. to pet. p. 29. censure , euioyne penance , excommunicate the king , and where there is cause to proceed against him as a tyrant : that they denie appeales to the prince , would draw all causes to be Ecclesiasticall , that they allow the magistrate , Non potestatem iuris , sed facti .

1. The Petitioners utterly renounce all these uncharitable imputations : they are further off from making all causes Ecclesiasticall , then the Bishops and their officers : for they think that actions matrimoniall , decimarie , testamentary , de jure belong to the deciding of the civill Magistrate , which now de facto are appropriated to the Ecclesiastical courts .

2. Not presbyters , but Bishops haue taken upon them to censure and excommunicate Kings : as Odo suspended King Edwine : the Bishop of London , Elie , Winchester , Hereford , Fox . p. 151. Fox . p. 251. interdicted K. Iohn , and the whole Realme : they were the Bishops , not presbyters , that iutted with and iostled their Kings . Anselme opposed himselfe against William Rufus , Becket against K. Henry the 2. Ste. Langhton against K. Iohn . Rob. Winchelsey against Edward the 1. Thomas Arundel against Rich. the 2. And few Archbishops we finde ( saith M. Eox ) with whom kings haue not bad some quarrels or Fox . 395. other . But as for the Petitioners concerning the censuring of Kings : we assent unto their determination that thus write , Si quis vetus & novum Testamentum , gestaque reuolverit , patenter inveniet , quod aut minime , aut difficulter possint reges & imperatores excommunicari : admoneri possunt , increpari , argui a discretis viris , &c. If a man turn over the old & new Testament Epist. Leodiens . Eccles. Cont. Pasch. he shall apparantly said , that none at all , or very hardly Kings and Emperours can bee excommunicate : they may be admonished , rebuked by discreet men , &c. And they add further : Hildebrandus papa primus levavit sacerdotalem lanceam contra diadema regum : The Pope a Bishop ( not the presbyters ) did first lift up the Priestly launce against the Kingly crown . If in some places some heady men haue presumed without warrant , it ought not to preiudice neither us , nor our cause : But as Ambrose saith : the example of such , Non excusationi obtenditur , sed cautioni proponitur : should not be pretended to imitate , but propounded to take heed .

Secondly , would our brethren haue the The Ecclesiasticall state in earth not Monarchical . state of the Church Monarchicall by this colour , to make the Ecclesiasticall and Civill state suteable , when there was but one Emperour , ambitious policie brought in one supreame Bishop the Pope , that tooke upon him to be chiefe over all Bishops : There is great difference between the Church and the Kingdom : their regiment cannot be alike : Our Saviour himselfe sheweth a difference , The Luc. 22. 23. Kings of the Gentiles reigne over them &c. but yee shall not be so . Christ would haue no Monarks and sole commanders in his Church , as the Kings were among the Gentiles . Do not our learned writers maintaine against Bellarmine that the policie of the Church , Quam D. Sutcliffe . l. 1. de . pont. Rom. c. 5. proxime accedere . &c. doth come most neere to an Aristocraticall estate , not a Monarchicall : And in this manner was the Church governed at the beginning , as Hierome witnesseth , communi presbyterorum consilio : by the common In Tit. 1. counsell of presbyters .

Thirdly , yet shall it appeare , that the regiment and Discipline of the Church , which the Petitioners moue , is much more suteable to the state of a Monarchie , then the Episcopall Hierarchie : 1. Wee acknowledge no other Monarch , both in Civill and Ecclesiasticall causes , but the kings Maiesty : there need not to be any other Prince , or chiefe of the Bishops , but the King , 2. the civill state , though it be Monarchicall in the head , yet it is not throughout in the members . The King first , hath his honorable state of Councellors , all of equall authority : to that may answer for Ecclesiasticall matters a Synode of Bishops : then in every shire , there are worship full knights and Squires in commission for the peace : were it not a confused The presbyter of Pastors proued suteable to the state . estate , that there should bee but one Iustice in a shire , as now there is but one Chancellor or Archdeacon ? How much more suteable were it , if every Deanery and division had their assembly and reverent learned Pastors , for the administration of discipline , then one ignorant Civilian , or some other ordinary substituted person ? Wee appeale now to all religious politike statesmen , whether this form of Ecclesiasticall government were not much more fitting to the Commonwealth , then that which now is used : Wherefore the Confuters are too blame to charge the Petitioners , and their requests , as not suteable to the state : We say with Ambrose : Didicimus omnes fidem proprio regi servare , nec usurpare regnum sed vereri : Wee haue learned to bee faitbfull to the Prince , not to usurpe any kingdom , but to reverence the king , &c.

6. They further vntruely charge the Petitioners , Vutruth . No such thing will ensue . That povertie and lack of learning would creepe into the Clergie if their desire take place . Answ. p. 29.

Whereunto we answer . 1. what though there be not sufficient maintenance left in some reformed Churches : Wee pittie their estate , and as much condemne the embeazelers of Church revenues , as these censurers : And it is an vncharitable speach , that wee would haue our Churches reduced and made conformable to the calamitie of those places : Neither is the povertie of those Churches the fruit of their reformation , but of some mens couetousnes , that are ready to Vntruth . We would not haue our Church so reduced . take any occasion to enrich themselues : neither do the Petitioners urge the alteration of the ecclesiasticall state , according to their platforme : the Petitioners stand for the maintenance of a learned Ministerie , as it may appeare by their motion of impropriations ; and wee say with Origen : Nisi dederit oleum populus , extinguetur lucerna in templo . Hom. 13. in levit .

2. That there are not many men brought up among them ( they meane in Scotland and other reformed Churches ) worthy of that honorable maintenance : is not far from a defamation of so worthy a Church , neither had that land ever more learned men both preachers and writers , then are at this time : The Kings own Testimony shall cleare this point : There is presently a sufficient number of good men of the ministry of this kingdom ; How may his Maiesty take it , to haue such an evill report brought up of his countrey .

3. Of like truth it is , that the petitioners Vntruth . here called at their pleasures ( evill , malicious , ungrateful men ) can see nothing in the Church but defects , deformities : Wee neither condemne that which is good for the evill , nor yet iustifiy the evill , as they do , together with the good : that were to use too little a measure , and this too large , as one saith : Mensura maior est , quando plus donatur rebus , quam merita deposcunt ; minor , cum subtrahitur meritis Apol. pamph . quod debetur .

4. We wish also , that all which professe the truth were in our condition , but with S. Pauls exception : Excepting these bonds ; our Act. 26. 29. state were most happy , if this servitude under humane constitutions were removed .

5. And we wish with all our hearts it were as they say , That our Reverend Prelates did contayne themselues within such bounds , as preserue that state from creeping to any papall corruptions : But how can this be truly sayd , when as the discipline of the Ecclesiasticall courts is altogether the same , setting the supremacy aside , which was exercised under the pope . The corruption is not reformed , being by an other authority maintayned : the Canon saith : Cum quid una via prohibetur alieni , ad id alia non debet admitti ; That which is forbidden one way , ought not to be admitted an other . The corruptions of the Ecclesiasticall state , as by the papall supremacy , are not now practised , so by his Maiesties princely authority we trust shall bee purged : to whom the honour of this worke must be left , not to the Bishops themselues , to chaine them with such bonds 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . p. 44 as may preserue that state from creeping to corruption .

6. That there is yet remaining to Colledges , Cathedrall Churches , Bishops , such sufficent and honorable maintenance , the Ans. to . the Pet. p. 31. Petitioners , which are vniustly traduced , as impugners of the state , doe therein reioyce and wish together with the continuance good employment of them : Such as do prey vpon the Church tithes and inheritance , and they , which assent vnto them , we hould guiltie of great impietie : Ambrose well saith in Orat. in A●xent . an other case : Naboth vineam non tradidit suam , nos trademus Ecclesiam Christi : si ille patrum haereditatem non tradidit , ego tradam haereditatem Christi . i. If Naboth would not forgo the inheritance of his fathers , much lesse should any betray the inheritance of the Church .

7. If it be admited , that there were more Ans. to Pet. p. 31. learned men in this kingdome , then among all the Ministers of the religion in all Europe beside : that doth not proue , that there are no dumb & unlearned Ministers in the Church . 1. And where will our brethren find so many learned men , if they exclude all those preachers which desire reformation , whom at other times they will hardly afford the name of learning . 2. And it need not to be marvailed at , if England may compare in number of learned Pastors , with most reformed countries ( though the comparison bee too large to set it alone against all Europe ) seeing in this one land there are more parish Churches , which are occasions of learned Ministers , then in all the Protestant reformed nations . 4. But considering the whole number of Parishes ( which riseth to not so few , asten thousand ) as we may compare for learned Ministets , so we feare wee exceed them for unlearned . Scotland hath not the third part of that number , nor the tenth of our maintenance ; but there are few Churches which haue not a preaching Minister : therein we wish we could compare with them . 5. As this Church of England aboundeth with many learned men ; so it would abound much more , for every learned minister wee should haue two if that course might be taken which the humble Petitioners desire : but now as wee haue many bright shining lamps , so there are more dim twinkling stars . The third part of the land is darkened with unpreaching ministers , that we may say with Origen , Alij sunt , quorum pars aliqua observatur , ut in Revelatione percussa est tertia pars lunae : alij qui penitus cadunt , ut stellae à draconis cauda Tractat. 30. ●● Mat. tractae . Though the dragons taile of Rome ( thankes bee to God ) hath not smitten our starres to the ground , yet a third part of our morne is obscured .

8. And true it is , that as our brethren say , our inferiour Clergie ( even the thousand preachers Petitioners , with their fellow labourers , so dispised , & not the dumb idle ministers and Non-residents ) haue been the most effectual meanes to settle the tranquilitie of the land , by inducing mens mindes unto piety towards God , loyalty to their King : and to use their own words , as the Apostle gaue his detractors to understand , that he was not inferiour to the chiefe Apostles ; nay , that he laboured more then they all . In like case we doubt not , but a truth may be be averred of our selues even by our selues , without any ostentation at all , when it is so iniuriously impeached , and troden under feet , to the high dishonour of God , the disgrace of his Gospell , and to the slander of this most Christian Common-wealth .

Thus haue we answered our brethren for this matter with their owne words , but much more truely without any ostentation of vanity , but in the plaine declaration of verity : and we say with Ambrose : Non est Ambr. ser. 15 in Psal. 129. hoc ulla virtutum iactantia , sed vita innocentis assertio , aliud est dignum se praemia dicere , aliud indignum iniuria . It is not to boast of our vertues , but to avow our innocency : and one thing it is to say , that wee are worthy of reward , and another , that we are unworthy of iniury .

And thus for this time haue we ended our iust plea , and reply for the truth , leaving the iudgement thereof to your Christian Maiesty : wherein to our knowledge we haue maintained nothing which is not consonant to the Scriptures , and agreeable to the ancient practise of the primitiue Church . In handling wherof , we humbly craue pardon if we haue been too tedious . Our intendment was not so much to confute the gain-sayers , as to confirme the truth : and we herein follow Cyprians counsell ; Semel laboravimus , ne alij Ad Fortunat. semper laborarent . We haue taken this paines at once , to ease other of continuall paines : That where they doubt they may bee resolued , where they are wavering , they might bee setled , and wherein they haue not yet travelled , they may be further informed .

Now to your excellent Maiesty we hartily wish the compassion of David , the wisedom of Salomon , the faithfulnesse and zeale of Moses , both tenderly to pitty , wisely to discerne , and uprightly to determine these causes and controversies of the Church ( according to these excellent graces of Clemencie , Prudencie , and Piety , wherewith God hath enlarged your Princely heart ) to the honour of Christ , the comfort of his Church , your Maiesties immortal renown in earth , & everlasting reward in Heaven .

FINIS .