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A05089 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 ... : here vnto is annexed, some opinions of such as sue for reformation ... : also, certayne articles vvherein is discouered the negligence of the bishoppes ... : lastlie, certayne questions or interrogatories dravvn by a fauourer of reformation ... Barrow, Henry, 1550?-1593. 1591 (1591) STC 1522A; ESTC S1453 68,920 84

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the maior saniorque pars pollo● 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 authori●ie may bee ordred may cite men ex officio to take an othe before them to accuse them selues in matter neither Testa●entarie nor Matrimoniall Item vvhether such ecclesiasticall Iudges may by vertue of the st●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 ●tem whether they ought to commit any of the Queenes subiectes to prison when he tendreth sufficient baile or ●●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 D● homine replegiand● 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 Pr●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 actiō 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 ●oe ●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 Surples●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 pro●essed by forraine Christian Churches yea and authorized in Englande seeing notwithstanding all 〈◊〉 of d●ffaming hir Maiesty or ra●●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 pe●secuting ● b in ●nglande at any time heretofore executed any man that agreed with them in their f●ith and 〈◊〉 onely because he differed from them in matters of externall forme ceremonie or circumstance as our ●b doe attempte by all indeu●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 Se●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 cau●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 Prohibit●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 ●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 ●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 Eldersh●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 tyran●y whether this did not ranckly smell of detestable atheisme 38 Quaere whether the Churches in Scotlande France the lowe Countries Hungarie Polelande Bohemi● Saxon●e Heluet●a And the County Palatine of Rhene and vvhether Zumgl●us Occolampad●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 Scotla●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
Parliament at that time to this purpose but rather for the ouerthrowe of the Hierarchie As many yet aliue can witnes who would with great vehemencie haue spoken against that matter for their owne and their friendes safety When Maister Stubs of Lincolns Inne had written against the mariage intended by Monsieur the Daulphine of France towardes hir Maiestie to the ende that men should bee terrified from writing dishonorably of hir Highnes this statute made that offence felonie which by former statutes was onely the losse of the right hande Which proueth that the ●aw-makers prouided for hir Maiestie not for the Hierarchie The Parliament hath bene more ready for Reformation then against it as appeared most euidently the last Parliament when the bill against Nonresidencie passed the lower house and had like to haue also passed the higher house by the right honorable the Lord Treasurer his meanes and other right noble Lordes who spake for it had not the Bishops laboured against it 15 Some of the lawes be faultie euen in Church matters as our Prell not popish will acknowledge reporte and write if neede be There was a lawe made by King Henrie the 8. and confirmed by hir Maiestie That such Canons Constitutions c. which bee not contrariant to the lawes statutes customes of this Realme nor preiudiciall to the Kinges prerogatiue shalbee executed as before the making of that act Amonge which Canons c. there be many vnlawful foolish thinges though neither against the lawes customes or kings prerogatiue yet repugnant to the Lawe of God As namely That women maie not sue their husbandes for adulterie that Heretikes after their death shoulde be excommunicate that there is such affinitee betweene the Godfather and the childe for whom he promiseth in baptisme that it hindereth mariage that a man maie not fast vpon Thursday That all Clearkes shoulde absteine from flesh 7. whole weekes before Easter Infinite corruptions bee in these Canons yet in force and good in lawe I suppose that our Bb. coulde be content that this statute of 25. were corrected Sure I am the Bishops in King Edwarde the 6. dayes did see manie things out of order in the Canon lawes or else they woulde not haue a whole booke for Reformation of them which booke can haue no intertainement in our time But seeing the Bb. will not deny but that some abuses be established for lawe lette them beare with others that espie greater faultes then those bee 16. Lastly many haue writen both against the state of the Church and common wealth as it was is fenced by law who were neuer accounted diffamers of our Princes Some write against Triall by battell Some against Forfaiture of Traytours landes The returne of writtes in one terme the lingring of men in prison before they come to tryall the priuiledges of Parliament men the pardoning of murtherers pluralitie of farmes c. Some against Racking Some against feined recoueries to defeat them in remainder or reuersion vpon estates taill Some against buying and selling of Wardes and such like Against the gouernement of the Church in England manie subiectes haue written neuer deemed diffamers of the King as In Edwarde the thirdes reigne did Wicleve arise one of whose articles was this That Popes Cardinalls Bishops or other Priests maie not ciuiliter dominari absque mortali peccato may not rule like ciuill Lordes without deadlie sinne Also hee taught That no Prelate ought to haue any prison to punish offendors And that no King should impose vppon any Bishop or Curate any secular matter for then both the King and the Clearke should be proditor Iesu Christi a betrayer of Christ Ies●s although the Archbishop of Cant. and the Bishop of London did put Wicleue to silence for this doctrine as their successours do at this day yet they did not call him a diffamer of the king William Swinderby a professour of the Gospell vnder Rich. the seconde helde That the more Lordship a Priest hath the neerer he is to Antichrist Also that The Priestes of the old lawe were for bidden Lordship and that Christ himselfe refused and forbad his Priests Lordships saying Reges Gentium c The Kings of the Heathen beare rule c. but you shall not doe so Piers Plowman likewise wrote against the state of Bishops and prophecied their fall in these wordes If Knighthood and Kin●wite and Comone by conscienc● Together loue Lelly leueth it well ye Bishops The Lordship of Landes for euer shall ye lese And liue as Leuitici as our Lord ye teacheth Deut. 8. Numb 5. per primitias decimas c. Geffry Chaucer also in Henry the fourthes time wrote effectually against the state of the Bb. in this maner The Emperour yafe the Pope sometime So hi● Lordship him about That at the last the silly Kime The proude Pope put him out So of this Realme is doubt But Lords beware and them defende But nowe these folke beene wondrous stoute The King and Lords nowe this amend Moses lawe forbade it tho That Priestes should no Lordships weld Christes Gospell biddeth also That they should no Lordships held Ne Christes Apostles were neuer so bold No such Lordships to h●m imbrace But smeren her sheepe and keepe her folde God amende hem for his grace Thus wrote this famous Poet against the English Bishops and yet was neuer accounted diffamer of the King though the Bb. in his time did holde their Lordships of the King as they doe now in Englande Sir Geffrey Chaucer his workes were in K. Henry the eight his daies authorized to be Printed by act of Parliament to which that glorious king would neuer haue condescended if hee had thought that the diffamation of the Bishops had beene a diffamation of him selfe In King Henry the eights time the renowmed professor of the Gospell Maister Tindall did write That it was a shame of all shames and a monstrous thing that Bishops should deale in ciuill causes And againe What names haue they My Lorde Bb. My Lord Archbishop If it please your Lordship if it please your Grace D. Barnes a right learned man at the same time did write That he would neuer beleeue nor could euer beleeue That one man may by the lawe of God be Bishop of two or three citties or of a whole Country for that is contrarie to the doctrine of S. Paul c. Maister Hooper in the daies of Edward the sixt did effectually write against the English Bish. For the space saieth he of 400. yeares after Christ the Bish. applyed all their witte onelie to their owne vocation but our Bish. haue so much witte that they can rule and serue they say in both states in the Church and also in the ciuile policie when one of them is more then anie man is able to satisfie
other Christian and noble Potentates who haue maineteyned fauoured preferred the Ministers that stande for Reformatiō And whether here in England the Right honorable Sir Nicholas Bacon L. Keeper the Earles of Bedforde Warwicke and Leicester Sir Frauncis Walsingham Sir Water Mildmay Sir Amias Paulet other right noble Lords Councellours Countees and Countesses would haue coūtenanced and protected the Ministers that seeke Reformation if they had perceiued them to be enemies to the Queene a●d state worse then papistes and miscreantes And whether our Prelates be more trustie to hir Maiesty and prouident to auoide daunger then those excellent personages were 40 Quaere whether a Minister ought not to admonish the mightiest Prince of his duty refuse to administer the Sacrament vnto him if he be a notorious offendour and pronoūce him to be no member of Christ in the Communion of Saints if he continue obstinate in open crimes And whether vnder the Lawe Dauid and other Princes were not subiect to ceremoniall expiations and the spirituall power of Priestes and Prophets And whether Ambrose did well in vsing like authority towardes an Emperour And lastly whether Zanchius Caluin Bucer Nowell Iewell Bilson and Bridges approuing the like be traytours popes and tyrants 41 Quaere why there may not be vnder a Christian Magistrate Pastours Teachers Elders Deacons and widowes aswell as Parsons Lectures or Schoolemaisters Church Wardens Chauncellours Collectours for the poore and Hospitall Women seeing these doe and may execute in authority and power the whol forme of Church-gouernement desired though their practise thereof is infinitely corrupted against the Canons of the Apostles to the daunger of the Church and dishonour of the Realme 42 Quaere whether the Ecclesiastical High Commission be not in effect an Eldership wherein some gouerne with ministers who by profession are temporall Lawiers Ciuillians meere lay men And whether their gouernement consisting of spirituall and temporall persons be a Medley a Linsie woolsie Discipline as the Remonstrāce calleth the Eldership which is now desired 43 Quaere If the sole gouernement of a Bishop in a Dioces bee sufficient and most agreeable to Gods worde why is there an Ecclesiasticall Commission standing of many persons ciuill and Ecclesiasticall or if an Ecclesiasticall Commission be needefull in a Realme who in a prouince if in a Prouince why not in a Dioces if in a Dioces why not in a Deanrie if in a Dea●rie why not in a Parishe Lasty why might there not without absurditie and breach of true vniformitie be planted in some places already capable a Consistory or commission of Elders though the like cannot presently be accompli●hed in all seeing there be newe ecclesiasticall Commissions erected Deanes and Chapters Broken musicke and Organes in some places not in other Hearken you Sages and Iudges of the lawe it is expected at your hands that you see Euen Iustice done to all her Highnes subiectes rich and poore without regard to any person papist Protestant puritane or other If you suffer her maiesties subiected that sue for iustice to be cited punished imprisoned vexed and molested against lawe by any Prelate or ecclesiasticall iudge whatsoeuer doe incurre the breach of your oath are in her maiesties mercy for your bodies landes and goods Pereat mundus fiat Iustitia 〈…〉 a 〈…〉 〈…〉 〈…〉 b 25. H. 8. ca. 19. ● E ● ca 11. 〈…〉 〈…〉 c 〈…〉 d pag. 29. e pag. 80. f pag. 57. g pag. 20. h pag. 22. i pag. 27. k pag. 31. l pag. 43. m pag. 47. n pag. 81. o 1. Eli. 2. c. ● 〈…〉 p 5 6. 〈…〉 q 1. Eliz. c. 2. r B●●ke of ordering Ministers 〈…〉 s 〈…〉 〈…〉 〈…〉 t 〈…〉 u 〈…〉 x Ca●on dis pag ●0 y 〈…〉 The Bb s●ould aswell vse pastorall staue● 〈…〉 z 〈…〉 pag. 679. 〈…〉 a 〈…〉 b Disputat Mat. 〈◊〉 pag. 83. c Admoni ag 〈…〉 pag. 53 1. eds 〈…〉 d Ibid pa. 99. Ibi pa. 139. f 〈…〉 Puni●●ment of Adul●erie g 〈…〉 〈…〉 〈…〉 h 〈…〉 i 〈…〉 k Ibid p. 135. l 〈◊〉 pag. 166. m pag. 9. 〈…〉 〈…〉 n 〈…〉 o 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 1. Sam. 21. 〈…〉 〈…〉 D. Bridges 〈…〉 p 〈…〉 D Bridges 〈…〉 q Of the Princ. Supre pag 359. r Defence of gouernment pag. ●48 c. s ●bid pag. 281. 372. 〈…〉 t 〈…〉 〈…〉 x 〈…〉 y 〈…〉 z 〈…〉 a 〈…〉 b 〈…〉 c 〈…〉 d 〈…〉 e 〈…〉 f 〈…〉 g 〈…〉 h 〈…〉 i 〈…〉 k 〈…〉 l 〈…〉 m 〈…〉 n 〈…〉 o 〈…〉 〈…〉 〈…〉 p 〈…〉 q 〈…〉 r 〈…〉 s 〈…〉 t 〈…〉 〈…〉 〈…〉 〈…〉 y 〈…〉 a 〈…〉 b 〈…〉 c 〈…〉 〈…〉 d 〈…〉 e 〈…〉 f 〈…〉 g 〈…〉 〈…〉 h Ibid pa. 4● i Ibid. pag. 57. 〈…〉 k 〈…〉 〈…〉 a 〈…〉 b 〈…〉 c 〈…〉 d 〈…〉 e 〈…〉 f 〈…〉 g 〈…〉 h 〈…〉 i 〈…〉 h 〈…〉 〈…〉 m 〈…〉 n 〈…〉 o 〈…〉 p 〈…〉 q 〈…〉 r 〈…〉 s 〈…〉 t 〈…〉 u 〈…〉 w 〈…〉 x 〈…〉 y 〈…〉 〈…〉 a 〈…〉 b 〈…〉 c 〈…〉 d 〈…〉 e 〈…〉 f 〈…〉 g 〈…〉 h 〈…〉 i 〈…〉 k 〈…〉 l 〈…〉 m 〈…〉 n 〈…〉 m Table of all n 〈…〉 o 〈…〉 p 〈…〉 q 〈…〉 〈…〉 r 〈…〉 〈…〉 t 〈…〉 u 〈…〉 w 〈…〉 x 〈…〉 y 〈…〉 z 〈…〉 a 〈…〉 b 〈…〉 c 〈…〉 d 〈…〉 e 〈…〉 f 〈…〉 g 〈…〉 h 〈…〉 i 〈…〉 k 〈…〉 l 〈…〉 m 〈…〉 n 〈…〉 o 〈…〉 p 〈…〉 q 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 r 〈…〉 s 〈…〉 t 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 a Ser pag. 83. b 〈…〉 〈…〉 〈…〉 c 〈…〉 d 〈…〉 The Bb. be not one of the thre● states e 〈…〉 〈…〉 f 〈…〉 g 〈…〉 〈…〉 h 〈…〉 i Dorm Rep. pag. 〈◊〉 k Act. and M●n pag ●21 l 〈…〉 m 〈…〉 a D With pag. 309. 〈…〉 b 〈…〉 c 〈…〉 The Seekers of 〈…〉 a Esa. ●6 10. Vnpr●aching ministers b Esai 56. 10. 〈…〉 Priestes c 〈◊〉 44. 8. 〈…〉 d Esa. 56. 11. 〈…〉 e 〈…〉 〈…〉 f 1 King 15. 14 〈…〉 g 〈…〉 〈…〉 The Seekers of 〈…〉 Color of can●●● 〈…〉 d 〈…〉 〈…〉 e Admoni● aga M. M. 183. f D 〈…〉 A Priest and Bish by Gods 〈…〉 g 〈…〉 pag. 281. 〈…〉 pag 18. Admonit agai M. M. pag. 44 h Cont. Haeres lib. 3. 〈…〉 75. i 〈…〉 pag. 668. 748. 〈◊〉 Whi●ak Con. Du● pag. 447. 〈…〉 Tim. 5. Harding Def. 〈◊〉 pag. 2●0 Sta●leton Bridg. of Princ. Supr pag. 359. 〈…〉 k In 1. Tim 3. 2. 1. Tim. 5. 17. 1. Tim 3. 1. What the law 〈…〉 See the stat●● l 〈…〉 m 〈…〉 n 〈…〉 〈…〉 o 〈…〉 p 〈…〉 q 〈…〉 r 〈…〉 s 〈…〉 t 〈…〉 〈…〉 w 〈…〉 x 〈…〉 y 〈…〉 〈…〉 z 〈…〉 a 〈…〉 b 〈…〉 c 〈…〉 d 〈…〉 e 〈…〉 f 〈…〉 g 〈…〉 h 〈…〉 i 〈…〉 k 〈…〉 l 〈…〉 m 〈…〉 n 〈…〉 o 〈…〉 p 〈…〉 q 〈…〉 r 〈…〉 〈…〉 s 〈…〉 t 〈…〉 〈…〉 w 〈…〉 x 〈…〉 y 〈…〉 z 〈…〉 a 〈…〉 b 〈…〉