it abideth for ever, because the image of God (though rased and much defaced in all men) doth still remain; and by the law of nature and reason doth owe a duty to God and to all men, &c.

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Now by what law were tythes commanded by Moyses? Peter Martyr (Judic. 19.) saith, by the ceremonial law: and that tythes did aim at Christ, the giver of all things. But now, (Martyr saith,) "stipendia Ministris, sive persolvantur ex agris, sive ex ædibus, sive pecunia numerata, sive in decimis, nihil refert; modo non sordidè, sed honestè, sus- 10 tententur."

In this ceremonial law of tithes there was something moral, that is, that a sufficient portion should be allotted to the ministers, &c. and that abideth still. But precisely the tenth part, that was ceremonial, and bindeth not now. As in the 15 moral law of the sabbath, there was something ceremonial: moral, that some day or time should be allotted to God's service; but precisely the seventh day, and not the eighth day, that was ceremonial, and is abrogate. So in the ceremonial law, the moral doth continue, the ceremonials are 20 taken away.

That excellent book, called "The Doctor and Student," (the author whereof was called St. German,) in the 55th chapter saith, that tythes did belong to the judicials of Moses, to the government of the nation. But he is in 25 opinion, that, by the law of reason and nature, (which is the moral law,) the ministers of the New Testament must be sufficiently provided for in land, rent, or otherwise, but not necessarily by tithes. For he saith, that many whole countries pay no tithes, and that our laws in many cases do allow 30 of a prescription, "de non decimando;" which cannot be against the law of God.

Now as for appropriations, I think, superstition was the cause of most of them; but now they are confirmed by the law of the land, and universally dispersed by the same law; 35 some in the crown; some belonging to colleges in the Universities, (and they are best bestowed ;) some belong to noblemen and bishops; some to cathedral churches and hospitals; some to gentlemen and others, inferiors of all sorts;

some are seized of them, as of inheritance; more possessed, as of leases; and all these, bona fidei possessores: and therefore may keep them with a safe conscience; and the parishioners are bound in conscience, as to the parsons and vicars, 5 so to the approprietaries, or to their farmers, to pay their tithes truly, though they be never so wicked men. "Suum cuique tribuere est proprium munus justitiæ."

I wish better provision were made for godly preachers. But how it may be done, I leave that to his Majesty, (who is Io both learned, wise, and careful for religion,) and to the grave men of State and of the Church. Thus much of the first question.

QUESTION II.

As touching the government of the Church in this kingdom, 15 under his Majesty, whether by bishops or by presbyteries, I will shew my opinion as briefly as I can.

Respons. Presbytery is more popular, Bishops more aristocratical. Presbytery hath a resemblance with a Sanhedrim of the Jews; which being a part of the judicial law, is so abro20 gate, that it is made not necessary to be reteyned in the time of the New Testament: neither the authoritie of that which was the great Sanhedrim; nor of the twenty-three, the middle; nor of three, which was the lowest, and dealt with smallest matters. But our Presbyteries do derive their 25 authority from the Apostles' time. Priests and Bishops, they say, were all one, as Jerom saith to Evagrius a, and upon the Epistle to Titus: and they governed the Church communi consilio. But afterwards, for avoiding of schism," in toto orbe decretum est," it was decreed in all the world, that one of 30 the number of the priests should be elected to be over the rest, and to have the general care over the priests: but "magis consuetudine, quam dispositionis Dominicæ veritate."

Whereas indeed Bishops have their authority, not by any custom or decree of man, but from the Apostles themselves, 35 as Epiphanius proveth plainly against Arrius the heretick; who, being a proud man, because he could not get to be

a S. Jerom. in cap. ad Tit.

bishop himself, thought, that "idem est Episcopus et Presbyter." With this opinion St. Augustine doth charge that heretick, in his book "De Hæresibus, Ad quod vult Deum." But Epiphanius doth shew the difference to be, not only because the Bishop hath authority over the Priests, but be-5 cause Presbyter begetteth children to the Church by preaching and baptizing; the Bishop begetteth Fathers to the Church by giving of orders. Hujus rei gratia reliqui te in Creta, ut quæ desunt pergas corrigere; constituas oppidatim Presbyteros," &c. And so it hath continued in the Church 10 ever since. The question then is this:

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Whether is better, the Bishops to continue in England, or that Presbyteries be brought into this realm and Church of England?

Aristotle saith, There are three kinds of good states; 15 basilia, the best; aristocratia, the next: and timocratia, the meanest of all the three: where one, few, or many govern for the good of the whole commonwealth. Three other sorts of evil states, tyrannis, oligarchia, and democratia; where one, few, or the multitude have care only of their own private, 20 and not of the good of the whole. If the gospel be preached in any of the evil states, there is hope it will make it good. If in any of the good states, it is no doubt but it will make it better. But one ecclesiastical government and discipline is not fit for all commonwealths. The Sanhedrim of the Jews 25 was not so convenient in the time of the kings, as it was before and afterwards. Josephus writes, that when the people would needs have a king, Samuel was sore offended thereat b, because "valdè delectabatur optimatum gubernatione; at non amabat regiam potestatem ut nimiam c." And 30 Hircanus and Aristobulus, before Pompey, refuse to be under kings, and desire that the people may be governed by God's priests, as was the manner of the country. So likewise at this time, they that so much do magnify the government by presbyteries, like better of a popular state than of a 35 monarchy. Yea, Calvin himself, the chief patron of presbyteries, as he misliketh that a king should be supream head,

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so he commendeth, beyond all other, a mixt state of aristocratia and timocratiad. Such was and is at Geneva. And so a popular government by presbyteries is more fit for a popular government than it is for basilia.

Therefore the king's majesty, as he is a passing wise king, and the best learned prince in Europe, had need to take heed, how he receiveth into his kingdom such a popular government ecclesiastical as is that of the presbyterie; "ne fortè, &c. latet anguis in herba." Basilia, the worst of the 10 three, &c. And the king to be supream Head of the Church, misliked, &c. Thus much of the second question.

QUESTION III.

Thirdly, I am informed, there is great banding by men of good learning, (but of singular wisdom and learning in their 15 own opinion,) set on by busy-bodies, hot and guiddy heads, who fear nothing more, than lest they should seem to doubt of any thing: these Lucians, or Luciferians, intend to disgrace and deface the Book of Common Prayer and the ministration of the sacraments; either to overthrow it, or (at 20 least) to alter it. But these men, though they make small accompt of the bishops now lyving in this church, yet (methinks) should reverence reverend Archbishop Cranmer, learned Bishop Ridley, and grave Bishop Latymer, who at one time yielded their bodies to be burnt, for the defence of 25 that book, and the gospel professed in the Church of England, in the time of vertuous King Edward the Sixth.

This matter began almost forty years ago, and hath been answered first and very sufficiently by your Grace unto T. C. and since very well by divers others: yet being required, I 30 am content to set down my opinion shortly in some few points.

One chief thing is misliked, that women, midwives, and laymen, seem to be permitted to baptize in time of necessity. Respons. I answer briefly. First, That the book doth not 35 allow of it. Secondly, That it was not said to women or lay"Ite, prædicate, baptizantes eos in nomine," &c. and

men,

d Calvin. in Amos. cap. 7. Institut. lib. iv. cap. 20.

therefore they may not minister the sacrament of baptism. I say also with Epiphanius, contra Collyridianos, that the blessed Virgin Mary her self was not permitted to baptize. And he charged Marcion the heretick, that he gave leave to women to baptize. And yet I confess, that not only the 5 Church of Rome, but all the Schoolmen, and almost all the ancient Fathers, do hould it lawful, that laymen may baptize in time of necessity. Tertullian de baptismo; " Alioquin laicis jus est dandi: quod enim ex æquo accipitur, ex æquo dari potest." Augustine also, contra Epist. Par- 10 meniani, and in many other places, alloweth of the baptism ministred by laymen. Zozomenus writethe, that Athanasius, a boy, playing with boyes, baptized certain of them; and yet Alexander, bishop of Alexandria, would not suffer them to be baptized again. This erroneous custom and 15 abuse of the holy sacrament did grow from another error, urged especially by that good Father, St. Augustine, (“ Quandoque bonus dormitat Homerus,") that children dying without baptism could not be saved: which hath no sufficient warrant in the word. The promise is, "Ero Deus tuus, 20 et Deus seminis tui." So that the children of Christian parents are within the covenant before baptism; and by baptism are sealed and declared so to be: as by circumcision were the children of the Israelites. Yet if they died before the eighth day, they were not thought to be con- 25 demned. David would not have been cheared and comforted, when his son died the seventh day, and before he was circumcised, if he had thought he had been condemned: Nay, saith he, (2 Sam. xii.) " I must go to him," &c.

Why then doth the book allow that women should baptize? 30 The best answer is, that though the book seem so to do, yet doth it not commend or allow of that fact. True it is, that their charitable dealing can do the child no harm, and their fervent prayer to God may do it good. And the sick, woful mother receiveth comfort, if it die. But if it live, it 35 is commanded by the book, that the child be brought to the church, and the witnesses to be examined of all circum

e Lib. ii. cap. 16.