making my selfe knowen to any creature yet when my apparance shall be found more profitable to the Church then my concealement I will come forth and iustifie my words in such maner and forme as I haue writen In the meane time I wish euery true harted Christian To pray for the peace of Ierusalem that nowe at length her Maiestie of God will rather then any other Prince succeeding may haue the honor in reconciling the two twinnes that striue togither is the body of our Church to the great perill and danger of the whole Nubecula est citâ— transibit Certaine Articles vvherein is discouered the negligence of the Bb. their officialles fauourers and followers in perfourmaunce of sundry Ecclesiasticall Statutes Lawes and Ordinaunces Royall and Episcopall published for the gouernement of the Church of England Out of the Statutes 1 BY the statute of 25. H. 8. cap. 15. It is accouÌ„ted by the Parliament against equity and due order of iustice to bring any man in dâ—unger of his life name goods or landes by any intrapping interrogatories or by any other meane then witnesse verdict confession or presentment Yet the Bishops doe examine the Queenes subiectes vpon intrapping interrogatories vvithout verdict vvitnesse confession or presentment to the daunger of then liues names landes and goods for making printing or dispersing of seditious bookes and sundry other grieuous crimes vpon vaine surmises or secret suggestions of lewde persons who dare not auow their accusations in the face of the Defendants Whereby the subiects be intollerably molested without remedy or costs daÌ„mages awarded for their vexations molestatioÌ„s wrongfully susteined 2 All men are baylable that are not prohibited by law to be bayled 2 West ca. 14. yet the Bb. deny bayle to some that ought not to be imprisoned much lesse be vnbayleable by any lawe 3 No officiall or other officer should take any more then three pence for the seale of a citation else they forfayte double costes and dammages to the partie grieued 23. H. 8. ca. 9. 1. Eliz. cap. 1. yet they vsually take more vnder colour of signing or subscrâ—bing a citation which is a thing in lawe materiall Iermes in lawe Tit. Faits 4 No forreine Constitutions whether they be the Popes or Emperours lawes haue any force in our state Onely such Synodall and Prouinciall Ordinances as haue beene made within this Realme are confirmed for lawe 25. H. 8. cap. 19. yet the Bishops in their Consistories doe put in practise the Romish and imperiall constitutions not contenting themselues with the Statutes Iniunctions and other Ecclesiastical ordinances of this Realme 5 Such Canons and Constitutions onely as be not repugnant to the lawes statutes customes of this Realme ought to be put in practise 25. H. 8. cap. 19. But the Bishops giue sentence in infinite matters which would be otherwise ruled by the common lawes 6 The law accompteth them Ministers who are made after anie other order then is prescribed in the lawes of Englande so that they will subscribe to the Articles of saith and doctrine 13. Eliz. cap. 12. yet the Bishops haue reckoned such men as haue bene ordeined ministers in reformed churches to be lay men though they esteeme a popish priest a sufficient minister 7 The lawe requireth a subscription to the Articles of religion onely that concerne the confession of true faith and doctrine of Sacramentes 13. Eliz. cap. 12. The Bishops vrge a subscription to the bookes of Homilies and diuers ceremoniall and transitorie matters neither concerning faith nor Sacrament 8 If the Bishops publishe any Canons or orders to be practised without the Royall assent of her Maiestie they should be fined and imprisoned 25. H. 8. cap. 19. Notwithstanding this statute they publish Subscriptions in their prouinces and Articles in their Diocesses without any assent of hir highnes 9 By the Statute 23 Eliz. cap. 1. the Ordinarie of his Ministers should not take any thing for allowing or licensing a Schoolemaister to teach And neither the statute nor any iniunction or lawe requireth a subscription by Schoolemaisters yet it is famouslie knowen that they extort of Schoolmaisters for licences to teach of some 7 shillings of some tenne shill of some a marke according to his state that admitteth them whether he be Archb. Bishop Chauncelour or officiall The Iustices of peace ought to cause this grosse and palpable extortion to be inquired of at their Sessions The inforcing of subscription vpon Schoolmaisters is vpon like warrant of law and iustice 10 By the great Charter coÌ„firmed by many Kings of England in parliamentes and by the auncient Bb. by their Excommengments None should bee imprisoned but by the lawefull iudgementes of this Peeres or by the lawe of the lande Mag. Chart. Cap. 29. The Bishops will punishe men for not swearing vainly and Women for not being Churched c. without triall or shewing authority of law to warrant their proceedings to the great periudice of the auncient and lawfull libertie of English subiects Out of the Common lawes 11 By common law a man shall not be examined vpon his othe in matters that sound to his reproch For no man is bouÌ„d to accuse him selfe Crompt 182. yet Bishops would examine men vpon their othes in case of felonie as for writing publishing of seditious bookes 12 No man should be cited to a spirituall court to depose there in any matter as witnesse for this is extortion and tort to the party Fitz. Iust. of peace pag. 172. b. Crompt 219. this is not remembred of our spirituall Doctours 13 No Bishop ought to appoint a man to appeare before him to take an oth ex officio sauing in matters of mariage and Willes And the cause of the appearance must be expressed particularly in the citatioÌ„ otherwise it is against law as Iustice Fitzherbert saieth Nat bre pag. 41. yet the Bb. boldly presume against this lawe Out of the booke of common prayer authorised by act of Parliament 14 It appeareth by the Kalender which assigneth 4. chapters to be read euery day through the yeare Also by the preface and order of reading the Psalmes that the morning and euening prayer should be read euery daie through the yeare either publikelie or priuately except great busines hinder yet they be onely read vpon Sundaies Holidaies Wednesdaies and Frydaies and Saintes Fues 15 The Curate must toll a bell to seruice that is he must eyther doe it himselfe or appoint another yet this is deputed to the Sexten or Clarke who is founde by the Parish and not by the Curate 16 The people are to answere the Priest to say AMEN and such like yet this is permitted to the Clearke alone in most places who after the popish order must supply the room of the vnlearned and say Amen as the papists doe abuse the scriptuâ—e to that purpose 17 Where there is singing there the Lessons
the maior saniorque pars polloâ— kagathoi did not condemne the practises of the Prelates as repugnant to lawe 26 Quaere if these Iudges that haue onely commission to deale in causes which by Ecclesiasticall authoriâ—ie may bee ordred may cite men ex officio to take an othe before them to accuse them selues in matter neither Testaâ—entarie nor Matrimoniall Item vvhether such ecclesiasticall Iudges may by vertue of the stâ—tute whereupon their commission is grounded commit the Queenes naturall subiestes to prison espeally for refusing to take the oth ex officio beeing ministred in causes neither Matrimoniall or Testamentarie â—tem whether they ought to commit any of the Queenes subiectes to prison when he tendreth sufficient baile or â—â—ertie especiallie in cases where baile and mainprise is not taken away by anie statute Item whether if any in such case be committed the Writt Dâ— homine replegiandâ— doeth not ly Item what satisfaction D. Cosins D. Bancroft D. Stanop and others hauing onely commission in matters to be ordered by Ecclesiasticall power ought to make hir Maiesty free and louinge subiectes who haue ex officio bene cited by them to take an othe in cases neither Matrimoniall nor Testamentarie and refusing to take that othe haue bene committed by great multitudes to prison without baile or mainprise in cases not debarred from baile by any statute Item whether may they keepe such persons by them committed in prison monethes and yeares without calling them to aunswere or accusing them of any crime Item whether for this dealing they doe not deserue to smell of the like punishment themselues 27 Quaere whether any Ecclesiasticall Iudge hath conuented examined and committed any for matters felonious touching the Queenes Crowne dignitie whether these practises do not instanter instantius instantissime craue the Prâ—munire 28 Quaere Whether Sir Iohn Markham chiefe Iustice of Englande did not tell King Edwarde the 4. that hee might not arrest any man for suspicion of treason or felonie as any of his subiects might because that if he did any man wronge the party might haue no actioÌ„ against him And if the King by imprisoning a man may do him wrong much more may any subiect and therefore good remedy may be had against him for so doing 29 Quaere Whether it be not lesse danger to blaspheme the blessed Name of the great God then to speake against a L. Bishop Item whether â—oe â—inisters haue bene depriued within these seauen yeares for ceremonies of men then for drunkenesse whoredome and other breaches of the lawe of God 30 Quaere Why the Ministers may not refuse to weare a Surplesâ—e as a Bishop to vse a Pastoral staff seeing the lawes inforce them both alike 31 Quaere whether the Seek of Reformation bee not indaungered of their life and withhelde from their liberty on lie for their religion and conscience in matters of Discipline proâ—essed by forraine Christian Churches yea and authorized in Englande seeing notwithstanding all 〈◊〉 of dâ—ffaming hir Maiesty or raâ—â—ing Rebellion their life and libertie is daiely offered to them by the Bishops if they will renounce and recant their opinions And whether 〈◊〉 the popishe peâ—secuting â— b in â—nglande at any time heretofore executed any man that agreed with them in their fâ—ith and 〈◊〉 onely because he differed from them in matters of externall forme ceremonie or circumstance as our â—b doe attempte by all indeuâ—ur 32 Quaere whether he that publisheth bookes with long premeditation fore-consideration doeth publish the same with a Malicious intent seeing fewe men deale in any action of importance but with great deliberation though it falleth out often that they labour against the trueth and yet are not adiudged Malicious persons And if a Councelour or Seâ—ieant doeth often by long aduise argue against the trueth and yet without Malice howe doeth a prepensed and long intended purpose proue a Malice in the Authour of Demonstration or any other writer 33 Quaere whether the Bishops and their Officialles doe not oftentimes in their Courts sentence iudge and rule cauâ—es contrarie to the customarie and common lawes of Englande aswell as against the Statutes in matters of Diffamation Testaments such like And whether a Prohibitâ—o shoulde not proceed against them if they determine any case against the common lawes customes and statutes of this Realme seing the statute of 25. H. 8. cap. 19 doth establish such spirituall lawes onely as are not repugnant to the Lawes Customes and Statutes of Englande 34 Quaere By what authoritie the Bishops do practise put in execution the Popish and Ciuill Lawes in their Courtes seeing the statute of 1 Eliz cap. 1. doeth banishe out of this Realme all forreine authoritie And seeing the statutes of 25. H. 8. cap. 19. 1. Eliz. cap. 1. doe onely respect and authorize the Canons Constitutions c. Prouinciall and Synodall vvhich haue bene made heretofore within this Realme of Englande And whether the Bb. for doing thus be not in the Premunire or at least imprisonable and finable at hir Maiesties pleasure 35 Quaere Whether they incroache more vppon the ciuill Magistrate that in their Courtes deale with Willes Tithes Mariages c. That excommunicate for mony â—hat disable men by their excommunications to sue any accusations in their owne right That make dispensations to their Soueraine vnder their hande and seale That be Barons of the Realme â—ustices of peace And punish by fine imprisonment losse of limme and 〈◊〉 as the Bishops doe or they that onely admonishe suspende and excommunicate and proceede no whit at all any further as the Eldershâ—p doth would doe 36 Quaere if Moses vnder the lawe and Timothie and others vnder the Gospell needed to haue a forme of gouuerning the Church prescribed to them by the Lorde whether it be likely that the Lorde woulde commit the Church to M. Whitgift M. Cooper M. Bancroft and others to frame a gouernment for it at their pleasures 37 Quaere if Iohn a Stile should graunt there vvas a gouuernement by Elders in the primitiue Apostolicall and best Church and should call the same gouernement a popedome and tyranâ—y whether this did not ranckly smell of detestable atheisme 38 Quaere whether the Churches in Scotlande France the lowe Countries Hungarie Polelande Bohemiâ— Saxonâ—e Heluetâ—a And the County Palatine of Rhene and vvhether Zumglâ—us Occolampadâ—us Melancthon Bucer Caluin Zanchius Martyr and infinite other the most excellent Diuines in all the worlde commending the continuance of the Eldership be all Anabaptistes Puritanes rebells traytours mare-states mar-lawes mar-princes and mar-alls and Doctor Bancrofte Matthewe Sutcliffe c. the onely good subiectes in all the worlde 38 Quaere whether the Kinges of France and Scotlaâ—de the Princes of Condy and Orange the Duke of Saxonie the Countie Palatine of Rhene the States of the lowe Countries manie other Dukes Princes Marquesses Earles Barons and
A petition directed to her most excellent Maiestie wherein is deliuered 1 A meane howe to compound the ciuill dissention in the church of England 2 A proofe that they who write for Reformation do not offend against the stat of 23. Eliz. c. 2. and therefore till matters be compounded deserue more fauour Open thy mouth for the dumbe in the causes of the children appointed to death PROV 31. 8. I beleeued and therefore haue I answered For SIONS sake I will not ceasse and for IERVSALEMS sake I will not holde my tong ESA. 62. 1. Herevnto is annexed Some opinions of such as sue for Reformation By vvhich is made appeare hovve vniustlie they are slaundered by the Bishops c. pag 53. Together vvith the Authours Epistle to the Reader pag. 58. Also Certeyne Articles wherein is discouered the negligence of the Bishoppes their Officialls Fauourers and Follovvers in performance of sundrie Ecclesiasticall Statutes Lawes and Ordinances Royall and Episcopall published for the gouernement of the Church of England pag. 60. Lastlie Certeyne Questions or Interrogatories dravven by a fauourer of Reformation vvhich he desireth to be resolued by the Prelates pag. 74. To the Queenes most excellent Maiestie Elizab. by the grace of God Queene of Englande France and Ireland supreme gouernesse in all causes and ouer all persons within her Maiesties Realmes and Dominions CRauing vppon my knees pardon for my boldnes I beseech your most excelleÌ„t maiesty to heare me a little All your Highnes subiects that loue the religion honour your maiesty and desire the good of the Realme doe hartily bewaile the bitter contentioÌ„ about the questions of reforming the Church Many seeke to increase this contention Some labour to appease it but this will neuer bee till the trueth in these matters be assured in the hearts of both parties I doe not nowe write eyther to pull downe Bishoprickes or erect presbiteries With whom the trueth is I will not determine For I knowe not What seemeth most probable and true to me that I knowe Howe trueth should come to light that is the question Writing of bookes in such manner as is nowe vsed is endlesse wearinesse to the fleshe matter of further contention by reason of impertinent and personall discourses The troubles of Churches and enmitie of Princes wil not admit a generall Councell A free Nationall or Prouinciall Councell at home were much to be wished so that the Bb. and their followers did not ouerrule the rest For it is against religion law and reason that the same men should be both iudges and parties Or if this be not thought so conuenient There is a way deuised and much commended by learned men as a notable meane to compounde controuersies namely priuate conferences by aduised writing not extemporall speaking the question agreed of The arguments thâ— answeres replies and reioinders set downe till both parties had fully said all by-matters laid aside In fine the whole to be published that your maiesty the honourable Councellours and Parliament may iudge thereof that those thinges which on eyther part are founde faultie may be redressed That all thinges be not so cleare with the Bb. but that further conference triall and reformation is requisite appeareth 1 By the lawes established which expect a better and further reformation in Church-causes 2 By the writings of our Diuines in the common cause against the papistes 3 By the confession of the Bb. them selues and such aâ— write in their defence 4 By their suspicious and doubtfull handling of the matters in question 5 By the testimony of learned men and christian Churches who seeme to speake against the gouernment by Bb. and for the gouernement by assisting Elders 1 The lawes expect a further reformation of the Church Your Maiesties most noble Father vnderstanding that the lawes Ecclesiasticall of this lande were corrupt prouided by Parliament that 32. persons should peruse and correct them gathering into one booke those that were good which by his Royall assent should haue the strength of lawe all other Ecclesiasticall lawes to be abandoned out of this Church for euer Maister D. Cranmer and other reuerend men were delegated to this purpose They collected into one booke many good thinges as they thought touching Aduouson of benefices Excommunication for small matters Residence of Vniuersitie men vpon their benefices Mariages without consent of parentes Nursing of children by their owne mother Diuorces for infirmitie of body Pluralities Broken Musicke in Cathedrall Churches Deacons The solemnitie of ExcoÌ„munication and absoâ—ution with the assent of the people and many other things which are directly contrary to the practise and orders of the moderne Bishops But this booke wanteth the Kinges confirmation and the lawes Ecclesiasticall remaine in the same corruption as your Maiesties Father left them notwithstanding the labours of those Reuerend personages and the act of Parliament which was reuiued and confirmed in the beginning of your Highnes most happy reigne 2 Also in the booke of common prayer which was sette forth by your Maiesties brother accepted by your highnes there is prescribed a Commination to bee vsed at a certaine time in the yeare not to continue euer but till an order of Discipline practised in she primitiue Church bee restored which were greatly to bee wished as the authours of that booke doe saie Yet this Commination staÌ„deth and the Discipline there mentioned is yet wanting 3 The booke of ordering Ministers confirmed by lawe presumeth that euery Minister should be a Preacher For at the Ordination the Bishop sayeth Take thou authority to preach the word of God Yet where the Bb. ordeine one Minister that can preach they make twenty that can not 4 â—astly it is enacted That all ornaments of the Church and Ministers thereof such as are Surples Coapes c. shall be retained and be in vse as was appointed by King Edward the 6. not for vnchangeable continuaunce but vntill other order were taken by your Maiestie and your Highnes Ecclesiasticall Commissioners 2 The Defenders of our common cause expect a further Reformation Those thinges in effect be acknowledged by some of our chiefe defendours of religion against the papistes For vvhen they obiect That we are glad to borrowe their ceremonies to haue an apish imitation of their Masâ—e booke answere is returned That diuers abuses in Ceremonies and Discipline were tollerated among vs our Church therein yeelding to the infirmitie of the weaker sorte which were to be altered when people grewe to ryper knowledge 3 The Defenders of the state of Bb. expect further Reformation 1 Al the Bishops in their Canons do confesse that Non-residencie is a filthie thing odâ—ous to men pernicious to the church yet what is more common 2 By the lawes of England in the ordination of Bb. the Archbishop should lay the Bible vpon the Bishops neck
be true In Parliaments that concerned the Bb. as parties they haue bene excluded But the law and state of England you will say accouÌ„t these things False So the lawes of other nations account them true In matters of God as is the gouernement of the Church the lawes of God ought to determine trueth and falâ—hood They only should informe the conscience of Iudges There is not alia veritas Theologica alia Philosophica one trueth in Diuinitie another in Philosophie or humanity That distinction is false and contradictory God is one his worde one his worke one his trueth one We may aswell say There be two Sunnes as two Truethes respectiuely in one thing The worde of God not lawe of man is the touchstone of this trueth Iustice Gascoine being demaunded of King Henrie the 4. what he would doe if a man guiltles in his owne knowledge vvere founde guilty of murther by verdict afore him made this aunswere although the verdict was as good in lawe as any lawe That hee would respite iudgement and craue the Kings pardon for the partie conuicted With which answere the King was well pleased Whereby we learne that our owne knowledge and the lawe of God assured in our conscience ought rather to guide our iudgement then the verdict of law or testimonie of men Seeing then that the seekers of Reformat haue not writen neither doe write Aduisedly Maliciously or Falslie muchlesse both Aduisedlie Maliciouslie and Falslie to diffame her Maiesty for the wordes be in the copulatiue I conclude in this generally negatiuely to the aduersaries argument though I should admit it to be true yet considering these things doe not coÌ„curre in writing of bookes for Reformation that they bee not within compasse of this statute 2 This statute is not meant of her maiesties lawes her politike members or state of Bb. but only of her Highnes Royall person as appeareth by wordes and drift thereof It is taken almost verbatim from an act made by King Philip Queene Marie which throughout still aimeth at their owne persons Of whom the statute saieth but could not meane of their members politike or lawes Wee are forbidden by Gods lawe so much as to thinke ill much lesse to speake ill This act determined with Queene Maries life In this statute of 23. the preamble importeth that it vvas made to suppresse such persons as were ill affected to her maiestie The body of the lawe bendeth against them onely that slaunder the Queenes most excellent Maiestie that nowe is By the last prouiso in it this acte hath no longer continuaunce then during the naturall life of hir Maiestie that nowe is The state of Bb. vnles God shorten it and the politike members and lawes if speciall prouisoes doe not choake them are to continue euer Wherefore this statute being meant of her Maiesties naturall person which is subiect to mortality aswell as other and not of her body politike which liueth euer they that diffame the members of the body politike can not be truely saide to diffame the Queene as this statute doeth intende 3 By the wordes of this statute If any offendâ— in vvriting bookes to the diffamation of the Queene the same offence not beeing made treason by any other statute such diffamation shalbe deemed felonie By the wordes Other statute is meant among the rest a lawe made 13. Eliz. c. 1. Whereby it is enacted that whosoeuer shall publâ—she that her Highnes is an heretike schismatike tyraÌ„t c. shalbe punished as a traytor By comparing these statutes which haue apparant relation the one to the other it should seeme that by the one namely that of 23. her maiesties honour is protected from peâ—ite slaunders such as in temperancy vncleanenesse and such like and by the other grand slanders are preuented as heresie schisme tyranny and such like The one adiudged felony the other treason Out of which statutes I reason thus If the Seekers of Reformation diffaming her maiesties lawes and members politike doe diffame the Queene and are there fore felons by the statute of 23. Eliz. then they that in a higher degree diffame the lawes and body politike doe diffame her Highnes and are traytours by the statute of 13. Eli. But the papistes diffaming her maiesties lawes in making the articles of Religion established by law flat heresies and accounting of the Bishops as hereticall schismatical and vsurping doe diffame the lawes and members politike of the Queene in a higher degree then the Seekers of Reformation yet were neuer taken and punished as traytours for diffaming the Queene though they haue by monstrous conspiracies horrible practises giuen cause of extreame rigour Therefore the seekers of reforma diffaming the Queenes lawes and body politike doe not diffame the Queene nor are felons by the statute of 23. Elizab. 4 Euery penall lawe concerning life is to be expounded strictly according to the literall and grammaticall sence not by inference or equity as appeareth by these examples There is a statute that whosoeuer doeth call her Maiestie heretike bee traytours as I noted before The papistes call all Protestants in generall Heretikes yet they be not for such speeches drawne within the statute though they doe inclusiuely call the Queene heretike Moreouer None that feloniously steale horses shall haue their cleargie Accessories to stealers of horses be stealers of horses both by the lawe of God before whome euery sinner is a principall and by the lawe of this lande For if they cannot reade they shall suffer as felons Yet accessories to stealing of horses shall haue their cleargie though in nature there is the greatest proximity and in argument the most equall inference and easie slide from the generall 〈◊〉 the speciall that can be imagined Lastlie because I will not insist in a matter so common the same statute of stealing of horses affordeth the like learning Therein it is saide that No stealer of horses in the plural number shall haue his cleargie Which number is often in common speach and in penall lawes touching landes goods taken Synecdochechios for the singulare Yet King Edwardes Iudges pursuing the precise letter of the statut were so scrupulous for the life of a man that they durst not deny the benefite of the Cleargie to him that had stolne one horse Whereupon the wise of Englande whome we are more to regarde then any one man made a newe I awe That whosoeuer stole any horse should not be admitted to his cleargie These Iudges that would not wrest a law one heare breadth against a horse stealer would haue bene as fauourable to honest Christians But some thinke that we haue cheuerel lawes that may be recked stretched at mens pleasure wheras penall lawes that touch mans life haue beene alwaies expounded in a most strict sence This statute of 23. is a penall lawe concerning the body life of man The expresse syllables and wordes directed onely against them that diffame
her Maiestie that nowe is There is not one pricke pointing at the Queenes lawes or state of Bb. Therefore it is to be taken strictly of the Queene against whom the Seekers of Reformation haue not writen and by consequent haue not infringed this statute 5 Her maiesty is a body politike and hath members politike in fiction onely and in politicall imagination not in truth and verity In like imagination the lawe sayeth shee cannot doe wronge shee is alwaies of perfect age shee is not subiect to any passion shee can not bee imprisoned sicke or due Thinges in themselues vntrue Therefore he that diffameth her members politike doeth diffame her maiesty only in fiction that is in plaine english not at all 6 If they that write against the state of Bb. diffame her maiesty that vpholdeth it Then doe they that call the gouernement by Elders antichristian a popedome c. diffame the Queene also For hir maiesty hath authorized or at the least openly and notoriously tollerated the gouernement by Elders in forraine Churches that haue fled for succour into Her Dominions and haue bene admitted to vse the gouernement by Elders euen as our fugitiues in Queene Maries time founde like liberty and fauour in strange nations 7 If they that diffame the Queenes members politike diffame the Queene then they that take awaye the life of her members politike commit treason against the Queene The same reason caeteris paribus maketh the same lawe But euery puisne knoweth it is no treason to kill the Bb. though it bee worthily treason to attempt any hurt to her Highnesse Therefore the diffamation of the Bb. is no diffamation of the Queene 8 All men be lyers Churches Vniuersal Councells Parliamentes and lawes of all nations doe controll one another Therefore it is no diffamation to her Maiesty if men ascribe errour in some of their lawes seeing it is incident to all men to erre in some thinges Though Princes be called Gods yet as they die so doe they erre like other men Homines sunt mendaces non angels Men be lyers they bee not Angels sayeth Iustice Shelley 9 If you doe offer violence to the most base subiect in this Realme you doe periudice the Crowne and dignitie of our Soueraine Lady the Queene yet if you diâ—fame them it is no diffamation of the Queene the murthering of them is onelie felony though by estimation of lawe their life doeth more neerely touch the Crowne then can be shewed for the state of Bishops 10 If the diffaming of the Bishops and Queene be al one punishable by one lawe and one penaltie then the lawes defende the name and credite of a subiect with as great care as the name of the Queene Which were absurde in the law and a presuÌ„ptuous challenge in any subiect that doeth not represent the person of the Queene 11 If the writers against the gouernement of Bishops doe maliciouslie diffame the Princes that bear it vp then do they malitiously diffame the Dukes of Saxonie and Hie Almaine that mainteine the state of Bishops as our Prelates say But it were madnes to say that they write aduisedly maliciously to diffame these Christian Germaine Princes who neuer harmed them much lesse our Soueraine Ladie the Queene by whom they haue receyued incomparable benefites and who hath beâ—e more beneficiall to the church then anie Prince or Poâ—â—ntate in all the worlde 12 They that write to diffame the Queene shoulde die as felons by this statute None that writeth against the gouernement of Bishops ought to dye as a felon For they can make that but an errour in Religion at the worst for writing is not materiall to make an error or not an error The papists sayeth D. Bilson bee not executed for making the Pope chiefe pastor ouer their soules or for giuing him an Episcopall authoritte ouer all the vvhole Church though that bee also a frantike heresie but for giuing him an externall dominion ouer this Realme and Prince This is it that the Execution of Iustice doeth dâ—ely respect vvhich is farre froÌ„ anie matter of faith and religion Thus you see hee mainteineth that the papists haue not nor doe not suster for religion or heresie but onely for treason The Christian Emperours Gratian Theodosius c. neuer punished heretikes with death but onelie blasphemers and idolaters They that holde errors shoulde not bee killed but corrected sayeth Augustine And in another place It neuer pleased any good man in the Catholike Church that heretikes much lesse such as erre in externall matters should be put to death Thus it hath bene reasoned by our Diuines against the but châ—ries of the papistes It is also helde in a booke published by authoritie to which D. Bilson had reference and translated into many languages that neuer anie papist did suffer death for his religioÌ„ since hir Highnes raigne Which thing the Papists in Wisbich castell can also witnesse Seeing then our state and Diuines haue sought to remoue from them the suspition of executing any papists for their religion though they defende infinite heresies much lesse should the Seekers of Reformation suffer death for their religion If the papistes ought to be executed but of â—auour and grace are spared much more curtesie shoulde bee shewed to Seekers of Reformation whose offences both to God the Prince and Realme are nothing matchable with the detestable heresies and practises of the traiterous papistes Verely all the Protestants in the world would wonder to hear that among Protestantes vnder a Protestant Prince gouernmeÌ„t any Protestant should haue his bloud shed for maintaining a doctrine of the Protestants imbraced by Christian Churches and confederate Princes round about 13 If the writers against Bishops do offend against this statute then the Speakers and Reporters against Bishops and the publishers or deliuerers from hande to hande of these book â—s or any popishe bookes against the receiued doctrine of Englande be likewise within this statute The Speakers and Reporters must either loose their eares or redeeme them with two hundred poundes or two hundred markes The publishers are adiudged and deemed felons But it were ridiculous to aâ—â—iâ—me that the law had any such intent For theÌ„ there should be more eareles people in Englande then in al Christendome besides and many thousandes of the Bishops friendes shoulde be in case of â—elons Which woulde comfort the writers when they sawe like iustice done to Speakers Reporters and publishers For the Poet truely sayeth Solamen miseris socios habuisse doloris It cheereth vp a wofull heart When company doe beare a parte Seeing then that the Speakers Reporters and publishers of such matters against Bishops are not within this statute neither be the writers 14 That is onely lawe which the lawe-makers intende The Law-makers did not intende by this statute protect the Hierarchie For there was no bill preâ—erred in the
it euidently appeare where the fault lyeth This is the intent of this humble petition made onely for the peace of this Church quiet of the Realme Which two things it behooueth all Christian subiectes to aduaunce forward with their whole endeuour The God almighty who to the great wonder of the world hath most miraculousâ—ie defended and deliuered you from all the cursed enterprises against your Realme and person preserue your Maiestie many yeares in health honour prosperity and victory to his glory the good of his Church the reliefe of his Saints to the ioy of Englande and all Nations that professe the trueth AMEN good Lord and cursed be he from heauen that sayeth not from the heart AMEN AMEN To the ende that it may appeare howe vniustlie the Seekers of Reformation are slaundered by the Bishoppes and others I thought good briesâ—â—e and truely to deliuer the opinions of such as sue for Reformation which I haue gathered out of their bookes and seene in their practise and heard in conference which I haue had with them 1 THEY openly professe and acknowledge that they be sinfull men subiect to infirmity as well as others They doe not call or account them selues Catharâ— or 〈◊〉 and therefore if Augustine say true that Catharâ— sunt qâ—i â—eipsos isto nomine quafi propter munditiâ—â— suberbissime at que oâ—iosissimè nominant They bee Puritanes That in conceipt of their owne puritie doâ— most proudly and odiously call them selues by that name then vvithout question they be no Puritanes vnles in that sence that all the Apostles saue Iudas and all other true Christians are called 〈◊〉 or Puritanes in the Scriptures 2 They doe absolutely yeelde and subscribe to all the articles of Christian fâ—â—th and doctrine professed in the Church of Englande according as they bee inioyned by the lawes of the lande and therefore they doe not offende against the Statute made in the thirteenth yeare of her Highnes raigne and withall haue open iniurie in being called schismatikes 3 They doe vnfeinedly giue to her maiesty all that power soueraâ—tie and authoritie whatsoeuer is recognised to be in her Highnes by the othe of the Supremacies as her maiesty 〈◊〉 and the Parliament haue expounded 〈◊〉 and thereâ—ore they be not Traytours by the statutes of 〈◊〉 or quinto of her Maiesty 4 They professe all submission reuerence and obedience to the right Honourable the Lordes of the priuy Councell the Iudges and all other ciuill Magistrates of this state honouring them as Lieutenants of God and her Maiesty and therefore they be not Anababtists who would abandon the authority of Magistrates and distinctions of states among Christians And although they beleeue that it is not agreeable to the doctrine and example of Christ and his Apostles that Bb. and Preachers should accept temporall Lordship and ciuill authority yet they honour that authoritie which is deriued to them from her Maiestie in regard whereof they submit them selues to be conuented imprisoned fined c. by them much lesse will they vvith force and armes resist or rebell against her Maiesties most lawfull authority eyther in her selfe or being deputed to others who are not disabled by Gods worde to vse it and therefore they bee not within the statute of vice â—imo tertio of Raising rebellion against her Highness 5 They hold it lawfull and necessarie before Magistrates to take an oth being called thereunto so that the oth being a matter highly concerning the worship of God be guided and taken as the Scriptures allowe that is not in vaine where a matter may bee otherwise proued by sufficient euidence or witnesse nor yet rashly as swearing to answere they know not to what or before the Articles which they must answere vpoÌ„ their oth be made knowen vnto them 6 They seeke not to pull downe the Courts of Iustice as the high Court of ParliameÌ„t the Starchamber the Kings bench the Chanceriâ— or any of the rest but they desire they may stande as they doe sauing that Bb. Ecclesiasticall persons should be shut out from them set to preach the gospell follow their owne vocation not being charged with other offices vnles they were sometimes called in weighty difficult causes to giue counsell aduise what may or should be done by the word of God 7 They denie not but that matters of Testamentes and Mariages may bee determined by Ciuilians in their Courtes if it seeme not good to the Parliament to transferre these things to the temporall Lawiers alwaies prouided that their Courtes may be made meere teÌ„porall not intermedling wi the Church Censures prouided likewise that the Bb. or other Ministers haue no dealing therin prouided also that causes may be iudged there not by popes lawes but by the word of God the laudable Customes Statutes Iniunctions Synodall and Prouinciall Constitutions accepted in this Realme a greable to the word of God and established by hir Maiesties authoritie and act of Parliament 8 They teach that neyther the Ministerie nor people of this Realme ought to make any general Reformation neither with force and armes or otherwise of their owne authoritie change any lawes made or established for religion by authoritie of Parliament but they holde that the generall reformation doeth belong to the Magistrate as Gods Lieuetenant to deale in and that for them selues they may and oughte in dutifull and christian forte both preache write and sue to the Magistrates for redresse of enormities and also practise the or dinances of Christ which he hath commanded his Church to keepe to the ende of the world and therefore they haue not incurred the dangers of lawes made against Riots Routes or vnlawfull Assemblies 9 They detest all such as aduisedly falsly or maliciousâ—ie slaunder or disâ—ame her most excellent Maiestie and therfore they be not felons by the statut prouided against spreaders of Newes or false rumours 10 They doe maineteyne that according to the approued doctrine of Englande Emperours or any Christian magistrats whatsoeuer being members of the Church of Christ ought to submit themselues to excommunication or other ecclesiastical censures being duely orderly vpon iust occasion according to the commaundements of Christ executed 11 That a Magistrate standing excommunicated ought to be obeyed and honoured in all respectes of subiection for custome subsidie loue or any other imposition or seruice whatsoeuer of body goods and landes as if hee were not excommunicated And therefore they abhorre the Antichristian and most pestiferous doctrine of the popish â—orte that giueth liberty to the subiect to withholde his seruices and duties from the Magistrate so long as he standeth excommunicate 12 Their suite to her Mâ—iesty and this honorable state is that it may be permitted and enacted by law that the church of Christ may bee ruled by such lawes orders and officers as Christ himselfe hath expressed in his
the dead man was laide and did aske the dead if he would be baptised in whose name the partie vnder the bed did aunswere That is my desire whereupon the liue man was baptised for the dead And whether the questions and answeres at the baptizing of Inâ—ants in the commâ—nion booke bee not of like nature When the Minister saith to the childe as fit to conceiue as a dead man Wilt thou be baptised in this faith and the godfathers make answere That is my desire 8 Quaere Whether a man may with safe conscience subsâ—ribe that the booke of coÌ„mon prayer conteyneth nothing contrarie to the Scriptures whereas the translation of the Psalmes therein comprised in addition substraction and alteration dissereth from the trueth of the Hebrewe in 200. places at the least 9 Quaere Whether it be agreable to the word of God law of England and practise of any well gouerned Church to puniâ—h that which is taken for slaundering ribaudry villanie with returne of libells ribâ—udâ—ie and villanie And whether Almond for the Parret Martins Moâ—ethes minde c. doe not asmuch offend that way as Martin Marprelate or if they oâ—fend at all why are they suffered not punished 10 Quaere of Matthew Sutcliffe who is alwaies caâ—ping at M. Cartw. purchase why M. Cartw may noâ— sell the landes which he had by discent from his father and buye other with the money aswell as some of the Bishops who by bâ—â—berie simony extortion racking of rent wasâ—ing of woods and such like stratagemes wax rich and purchase great Lordships for their posterity 11 Quaere If the Bish. that affirme it is lawfull to giue liuings appointed for ministers to lay men or D. Bridges aâ—â—irming that a priest may bee Lord ouer her Maiestie or Doct. Bancroft that calleth hir Highnes a pety Pope doe not disfame and dishonour her Maiesty and are thereâ—ore selons 12 Quaere If the Prelates who say that the otâ—e of the Supremacie importeth that hir Maiesty may deuise vvhat Church-gouernement she pleaseth be not in the worde of a Prince and by award of lawe Malicious persons seeing therein they ascribe more to hir Highnes then the Oth of Sâ—premacie with the exposition thereof importeth And whether the Seek of Reâ—ormation yeelding to the oâ—he with the exposition be not hir Highnes good and obedient subiectes 13 Quaere Why the Archbishops of Cant. should not rather be called Popes then Primates of all England seeing that a Cardinal gaue them the name of Primates aâ— Pope did assigne them the name of Popes 14 Quaere If Wicleue Luther Calum Latimer Tindall 〈◊〉 and other were nowe aliue and should speake against the Lordship of Bish. as they doe in their writings to which prison the Bishops would sende them whether to the Fleete Clinke Marshalsie or gate house Whether bookes seene allowed publikelie solde by authoritie doe containe matters of felony and difâ—amatory to the Queene 15 Quaere wherein the papists haue deserued so wel that mainteaning errours hereâ—ies and blasphennes accounting in generall our doctrine our Bishops an Magistrates hereticall and impious should finde more grace then Seekers of Reformation and why they â—hould not be condemned as felons for their abhominable doctrine 16 Quaere If the Bb. proceeding against men Perordinem inquisitâ—onis as Do. Cosins said at the examination of Maister Cartur doe not therein imitate the papall order vsed by the Bb. in time of câ—uelty and blindnes 17 Quaere If Christ were before the Bishops were demaunded of them concerning his doctrine and should answere I spake openly c. why aske ye me aske them that heard mee what I said vnto them beholde they know what I said whether making this answere he should be coÌ„mitted as Maist. Bambridge and Maist. Iohnson were in Cambridge and as many other godly Ministers be ordinarily vpon like occasion 18 Quaere If by the Iudiciall lawes by the course in the Chancerie or Starchamber any man be forced to sweare before he knowe the cause at least in generall whereunto he is to take his oth 19 Quaere whether by the lawes of Englande euery Bish. is not bound to coÌ„firme children as well as Ministers to mary with a ring whether popish young men not yet confirmed by any Bishop may not without daunger of â—awe reâ—use the Communion seeing by the booke of Common prayer nâ—ne must receyue the Lords supper till he be confirmed 20 Quaere whether an ecclesiasticall Iudge may punish Brisâ—one the pâ—pist for writing that our Communion booke is an apishe imitation of the Masse booke seeing the statute giueth onely that authority to Iustices of peace Item whether Bristowe deprauing the Communion booke may bee depriued of all his spirituall promotions for the first offence against the statute seeing the statute appointeth That he who the second 〈…〉 the Communion booke beeing conuicted thereof by verdict c. shâ—lbe depriued of his spirituall promotions Item whether the lawe doeth not fauour the puritane asmuch as the pâ—pist 21 Quaere whether Adultery is to be punished by the Ordinarie seeing the punishment thereof without any sauing to the spirituall Court is giuen by statute to the Iusâ—ices of peace And whether a man may be punished by two corporal or pecumarie puniâ—â—ments in two seuerall Courtes for one the same cause 22 Quaere If any Ordinary haue contriued promulged publiâ—hed Aâ—ticles in his owne name without asâ—ent of her ma iesty vnder seale and inforced hir Highnes subiectes to subscribe vnto the same And for not subscâ—ibing haue suspended or depriued them And whether an ordinary thus doing may not be imprisoned fined at the Queenes pleasure 23 Quaere whether an Ordinarie may cite a man to appeare before him in his Court to depose as awitâ—esse seeing Iustice Fitzherbert sayeth That it is extortion and vviong to the partie And how many of the Bishops be extortioners in that behalfe 24 Quaere whether a man shalbe examined by othe of anie thing that soundeth to his reproch seeing that Nullus tenâ—â—â—â— seâ—psum perdere and vvhether scisme and heresie be not matters that sound to a mans reproch 25 Quaere If an Oâ—dinarie or an ecclesiasticall Iudge citing men ex officio to sweare to accuse them selues in causes neither matrimoniall nor Testamentarie vvhether a Prohibition will ly against them or not Item whether the ordinary his officers ought not to surcease this maner of proceeding vntill the controuersie moued and now depending thereupon in the Starre Chamber by meanes of the opinion of some of the reuereÌ„d Iudges and of the right worshipful and famous Lawier Maister Cooke be determined Item let it be inquired if notwithstanding the displeasure of the Prelattes the graue and learned Iudges of this noble realme priuately debating these matters vvhether among them
Seek of Reformation doe mainteine that their iurisdiction is contrary to the worde of God Not condemning externall honor which is good and godly in it selfe but misliking that it should be accepted by such persons as are disabled and made vncapable there of by the Scripture Thus much for better vnderstanding of this question To proceed 1 There must diuers things concurre to make bookes felonious by this statute First they must be written Aduiseâ—ly against the Queene that is of purpose wittingly not of simplicitie or ignorance Ignorantia factâ— excusat Ignorance of the fact excuseth the fault And therefore as the Prell dealt miâ—â—iouslie with Richard Carmicheill in Scotland in compelling him to burne his bill because in his dreame hee did crie out The Diuell take away the Priestes for they are a greedy packe so if any man in his sleepe or at vnwares shal cast forth diâ—â—amatory wordes against the Queene he is not within this statute Secondly the booke must be writen of malicious intent and as the preamble of the statute is by one ill affected to hir Maiestie and therefore if a man vse such a speach as Burder the Marchant did when he saide He would make his sonne the heire of the crowne meaning his house at the signe of the Crowne not intending any hurt to the King or Crowne of Englande he could not without great iniustice be drawne within this or the like statute Thirdlie the wordes must conteine false and seditious matter therefore if a man shoulde haue saide that the King William Rufus did wickedly who to geâ—t mony of the Iewes caused some coÌ„uerted to Christianity to returne to Iudaisme the fact beeing trew and words not seditious he could not iustly be punished by this or any like statute The Seekers of Reformation hâ—ue not neither doe write Aduisedlie to diffame the Queene for they name not hir Maiestie to any diâ—honor in any of their bookes If the contrary can be proued Currat lex let the offender be punished as he deserueth They onely seeke to haue as they thinke the corruption of the tâ—â—e redressed as â—he Prophetes the holy men of God haue done heretofore without â—â—tending anie dishonour to good Princes such as her Maiestyâ—s The Seek of Reformation write against ignoraunt and vnlearned ministers so the Prophet Esaâ—e liuing vnder the godly king did call the priestes that wanted knowledge Dumbe dogges such as can not barke The Seekers of Reformation write against such as be careles and negligent in feeding the soules that depende vpon them that take the fleece turne ouer the care of the flocke to other so Esaâ—e reprooueth the priestes of his time That lye and sleepe and delight in sleâ—ping And another Prophet taxeth them that did not Keepe the ordinaunces of holy thinges them selues but set other to take charge of the sanctuarie The Seekers of Reformation doe cry out against plurified persons that can not be content with a competent liuing but insatiablie by dispensations and qualifications doe ioine benefice to benefice and charge to charge rather to enriche them selues then benefite the Church against such men did Esaie complaine calling them Greedie dogges that can neuer haue inough euerie one of them looking to his owne waie and to his owne aduantage The Seekers of Reformation write against the ciuill authority and rule of Ministers So Ieremy in the dayes of Iosiah a vertuous Prince condemned Priestes For bearing rule The Seekers of Reformation write to haue the Church throughly purged of all remnants of popery idolatry So the spirit of God did note as a fault euen vnder most excellent Kings That the hâ—e places remained vnremoued All these and many other witnesses of the trueth did speake and write against the state of the Church in Iudah and were not I trust aduised deâ—famers of the Princes vnder whome these corruptions had gotten strength In like maner the writinges of the Seek of Reformation against such thinges as they verilie beleeue to be enormious corruptions can not iustly bee deemed aduisedly and of purpose diffamaâ—orie to hir Highnesse When persecution was most furious in Englande they that wrote most vehemently against the Bishops their proceedings contenanced by lawe were neuer accounted aduised diffamers of the Prince for then they should haue bene reputed and punished as traytours or rebells râ—ther then as sâ—ismatikes and heretikes Neither hath their bene in all the thirtie yeares of her Maiesties most flourishing raigne till within 2. or 3. yeares last part any such conclusion euer made though the same lawes in substance haue bene in force and occasion giuen of great extremity I am perswaded that vpon hearing the matter debated by learned I awiers on the part of the defendantes as lawe and reason would in this matter of difficulty that toucheth life that our reuerende Iudges would at the first make a quaere whether the aduised diâ—â—amation of the Bb. were an aduised diffamation of the Queene Therefore it may well come vnder the title of Newes that the Seekers of Reformation should resolue in a point of lawe wherein the best lawiers may stand in doubt â—f my father were a â— Bishop or a Noâ—resident and â— would write against the state of the Bb. or Nonresidence to make men conformable to the lawe of God it were adsurde to affirme that I did write of purpose and aduisedly to diffame my Father So in our case mutatis mutandis c. Neither doe the Seekers of Reformat write against the iurisdiction of Bb. of any hatred or Malice to the Queene For whosoeuer were King or Queene of England though it were Dauid him selfe they would vvrite to the same effect that they doe nowe It is not like that they malice her Maiesty for sauing the matters in variâ—nce no man can charge them with any shewe of disloyall behauiour They are instant for hir Maiesty in prayer both publike and priuate They detract no duety no imposition no taxe or subsidie as becommeth duetifull and louing subiests It was neuer heard that any one no not one of them did euer attempt any hurt to hir Royall person Search the Rolls looke the Recordes it will appeare that some oâ— them whom England while England indureth shall still with thankfulnes remember haue hazarded themselues asmuch for her Maiesties safety and Englands good as any subiect what soeuer When the Spaniards intended an inuasion the establishment of a forraine potentate in the Sea Royall and the conuersion of this lande into Aâ—eldama a fielde of bloude the Ministers that seeke Reformation gaue great assurance of their affection and loyalty to the Queenes maiesty and the seate They were importunate with the Lord by priuate and publike prayer fasting for the safety of her Royal person before the Bishops or their followers were seen to goe about any such matter And being interdicted by the Bishops such was their zeale to the