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
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
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 â—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 Iesâ—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 Kinâ—wite and Comone by consciencâ— 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 hiâ— 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 hâ—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
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
Daneus Vrsinâ—â—s Bullinger Stephen Caluetus Collodanius Tremulius Pinaldus Tauergius Perottus Chaussaeus Bertrandus Carpenterius De Pluâ—re Perilius Henricus Sâ—rranus Calâ—â—s Poâ—â—â—us Gâ—lartius Iacomotus Dupleus Szegedinus Hâ—shâ—sius De Loques Bastinguius Pollanus Snecanus Fulke Rainolds and others most rare politikes of this time especially Euseb. Cosmopolitan and Bodin Bodin hauing discoursed vppon the rising falling conuersion and translation of the principall Empires Kingdomes states and common wealthes in the worlde at length descendeth to the stâ—te of Geneua giueth a very honourable testimony of the great profit aâ—â—sing by the Discipline and Eldershippe to that common wealth â—is wordes be these But this is to be commended in Geneua If there bee any thing in the worlde worthy commendation vvhâ—ch also maketh the common wealth to flour she though not in riches and largenesse of dominion yes surely in vertue and Godlinesse I meane the Discipline of the Ministers or Elders vvhich is as excellent and heauenlie a vvaie as can bee deuised to represse the faultes of men and such enormities as can not bee redressed by anie humane Lawes and iudgementes Yâ—t this censure is according to the rule by Christ prescribed Namely at the first secretlie and friendlie afterwarde somewhat more roundelie and sharpely Then if the partie doe not relent hee is interdicted solemnely and seriously from the participation of the heauenlie misteries If this doth no good then the Magistrate punisheth Whereupon it falleth out that such thinges as are not punishable any where by Lawe are without anie stirre or tumult reformed there by those Censors or Elders who bee greatlie reuerenced among the people by reason of their vertue Therefore it is that no whoores no drunkardes no diâ—ncing no begging no idle persons are to bee founde in that cittie The more popishe and corrupt that this Bodin is the more auaileable and lesse partiall is his testimony in this matter I would to God we might see the like effect in any City or Towne in England wrought by the gouernement of â— Bb. 4 This gouernement by Elders is commended to bee vsed in all Churches for euer by the Churches in France the Lowe Countries in Heluetâ—a in their latter confession whereâ—unto subscribed the Churches of Tigure Beâ—ne Scaphusia Saint Galls Rhetia Myllaine Bienna Geneua Sauoy Polonia Hungary and Scotlande Wherein be thousandes and ten thousandes of the most excellent Diuines vpon earth 5 Lastly this gouernement by Elders â—oyned to the ministers hath beene vsed as I haue heard reported vnder the Emperour in Bohemia the Turke and Bassaes in Hungarie the Papistes in France the Protestant magistrates in Scotland Saxonie Countie Palatine of Rhene Heluetia Sauoy France The lowe Countries Scotlande and many places in Germanie Though some Churches and learned men doe not like of excommunication in which matter they condemne our state yet I protest in the presence of â—â—mighty God that in all the course of my studie touching these controuersies I haue not to my remembraunce founde reade or hearde of any protestant Church or learned man in the worlde who misliketh that certaine Elders or graue personages should iointly gouerne the Church with the ministers but onely wee of England Wherein we at vnwares doe impeach the Parliament and hir maiesty of indiscretion which haue thought most meete to giue the chiefe managing of the Church not into the handes of one Bishoppe but of many ecclesiastical Commissioners vvhereof some bee ministers and some lay men therein resembling an ecclesiasticall Eldership The Bishops wishe that the ecclesiasticall Commission were more common And I thinke if it were settled in 500. places more then it is and should gouerne by the worde of God and lawes of this Realme that there would arise more profit thereby to Religion then yet hath beene founde by the Bb. To drawe towardes a conclusion of this matter It may be that they who haue attained to as sounde knowledge in all pointes of doctrine as any since the Apostles time should mistake in Discipline It may be that they whom the spirite of wisedome hath guided in expounding the scriptures shoulde be alwaies forsaken of that spirite vvhen they came to expounde or speake oâ— a text concerning discipline It may bee that all these lightes of the world which aâ—owe there was a gouernement by Elders in the primitiue and best Church did and doe grope in dâ—rkenesse and that the authours of the Remonstrance and Matthewe Sutcliffes treatises haue founde out the trueth but vntill they haue approued themselues as profitable to the Church as the fourmer vvriters haue done men not partiall will still make scruples in these matters Againe it maie be that the exercise of this gouernement is a matter of confusion discord dishonour to the magistrate puritanisme rebellion a mâ—â—prince a â—arlawe a marstâ—te and mar-all but it is vnlikely that it should be admitted vnder so many Princes Christiâ—nâ— and infidels papists and proâ—estants and commended by such pearelesse Diuines if it deserued any such taxation It is froÌ„ my puâ—pose in this place to dispute which gouernement is better or worse or whether these authorities and testimonies which I call God to witnes I take to be according to the allegation be agreeable to the trueth or otherwise onely I trust I haue sufficiently prooued mine intention namely that Seeing the lawes established expect a further and better reformation Seeing the writiâ—gâ—s of our Diuines in the common cause against the Papistes Seeing the confession of the Bishâ—ps their fauourers Seeing their doubtfull suspicious handling of these contâ—ouersies and Seeing the testimonies of Councells Fathers late writers and Churches imply so much I conclude that things go not so cleare for the Bb. but that further reformation conference or triall is expedient Till which Reformation tryall and conference be aâ—chieued all that bee not blinde in effection doe wiâ—â—e that these followers of Reformation may receiue more curteous vsage then yet appeareth For most gracious Souerâ—â—â—e they bee your maiesties subiectes aswell as the Bb. They be proâ—esâ—ors of your owne religion aswell as the Bb. They be â—mbasâ—adors of Christ Iesus aswell if not more in regarde of their painfulnesse then the Bishops If you will not heare them whom can they fly vnto If you will not pity their manifolde miseries and molestations then they are destitute of humane comforte They deserue fauour They haue brought many to the knowledge of God who otherwise shoulde haue remained captiues vnder Sathan and traytours to your Highnes They are vnreproueable before all men saâ—e in this question of Reformation Wherein if they offende as it maie bee they doe for the best men bee lyable to errour surelie it is to bee thought they fall of ignorance 1 The writings of the Bb. them selues 2 The disputations of our Diuines against the papistes published
nowe bee made as partiall as Maister Cartwright and yet the Seek of Reform for one writer against the gouernement by Elders may name 3000. with it Not one Protestant out of Englande misliketh it Some of the Bb. doe confesse the gouernemente by Eld. was vsed in the Apostolike Church yet they call it a popedome and tyrannie and preferre an inuention of man before it The Seekers of Reformation finde them selues grieued with many matters of fact to which hir Maiestie is not priuy nor party They thinke it harde that any subiect should deuise articles and subscriptions and publish them in their owne names vpon great paines and penalties to be yeelded vnto contrary to the lawes and liberties of Englande It is thought strange that the Bb. should preciseliâ— inforce the statut 〈◊〉 no Mâ—â—ster ought to vse anie other open prayers then bee set forth in the communion booke and extort a promise and subscription to vse the forme in the saide booke prescribed and no otheâ—â— and yet iâ—ome Ministers when the Spaniardes were vpon the Seas to vse in publike assemblies newe prayers which the Bb. themselues had contriued The Bishops â—care for the Church is commendable but not the contradiction They see not why the Bb. should driue them to weare a Surplisse and yet themselues neglect the vse of Pastorall staues seeing the lawes tie the Bishops to the one aswell as the Ministers to the other They holde it scarce agreeable to lawe that Maister Cawdrie offending in the first degree against the statute that authorizeth the Communion booke should be punished as an oftendour in the second degree and that by an ecclesiastical court albeit by lawe he should haue bene conuicted thereof according to the common lawes by the verdict of twelâ—e men c. They complaine that the Ecclesiasticall Commissioners hauing onely to deale in causes which by ecclesiastâ—call power maie bee corrected doe conuent before them the publishers and writers of bookes for Reformation which are supposed to be felonious therefore punishable by temporall â—ustices They thinke it harde that in cases repleuisâ—ble by lawe they may not be baâ—led by sufficient suertie They thinke they haue iniurie when they are cited by Bb. to make othes and recognisances in causes not testamentarie or matrimoniall They take it grieuously that they are compelled to take infinite and generall othes to aunswere to intrapping interrogatories as was practised by the cruell Bb. in Henâ—y the fourths time and that in matters notorious where neyther sufficient proofe nor witnesse is wanting They pretende many other grieuances as to bee inprisoned suspended degraded and deprâ—â—ed without due cause and course of lawe the subiects thereby being left destitute of heauenly teaching and committed to ignorâ—â—t or carelesse prelats who suffereth the atheâ—st the papist and traitour to pray vpon them Lastly they greatly complaine that the Bb. shoulde bee so vnnaturall as to seeke the life of a right godly and faithfull Preacher of the Gospell I meane Maister Vdall to whom life was offred if he woulde but take his oth that hee did not make a booke whereof he was supposed to be authour A rare example that a man shoulde bee knowen standing at a barre shackled in bolts but quaere quo iure and coupled with a murtherer whose conscience was thought so faithfull and sound by the Iudge himselfe that he woulde not swere falsely to gaine his life Hir most excellent Maiestie is free and cleare from all this dealing Shee doeth not oppugne the knowen trueth Shee thinketh the present reformatioÌ„ to be sufficient Shee weigheth not heresie by the drowsie dreame of one Doctour Shee doeth not ioine with the papists in concluding all protestants to be heretikes Shee doeth not account that straunge and monstrous that the most auncient and best interpreters doe agree vpon Shee braggeth not of all when shee hath fewe or none Shee freeth not hir selfe from lawfull censures Shee calleth the Seekers of Reformation that yeelde to the oth of the Supremacie as shee expoundeth it Hâ—r good and obedient subiectes and adiudgeth their aduersaries Maliciouâ— persons Shee doeth not reuile the Apostolike gouernement Shee doth not authorize the Bishops to contradict the lawes their owne articles proceedings to incrouch vpon the temporal Courts to call men before them where their Courtes cannot holde plea and to vexe them without mercy or iustice To be short shee hath not sought the life of a Minister of the Gospell but like Abigail blessed of the Lorde God of Israell hath kept the handes of the executioner from shedding innocente bloude The Bishops perswade hir Hignes for who woulde not beleeue the Graue fathers of the lande knowing nothing to the coÌ„trary that matters of the Church goe very well But if it shall appeare to hir Maiestie to be otherwise shee will of hir gracious disposition make speede to a better reformation Wherefore seeing they that write for Reformation haue cause or may pretend cause or colour of cause to beare hatred to the Bishops which can not any way be applied to hir Maiesty it followeth that the hatred or malice if you will haue it proceeding from these causes can not fall vpon hir Maiestie for the offences bring hatred and malice to the person men be maliced hated not for sinnes of ignorance or good meaning but of knowledge and wilfulnesse Furthermore the Seekers of Reformation can not haue any Malicious intent in writing for the Discipline They offer their liues to proue the trueth necessitie vtilitie thereof Though a papists cause be nought yet his intent may be good And why should not we presume so much for a good christian as for a popish traitour and impious idolater Lastly they doe not write False and slaunderous things the worde seditious belongeth to the accusation of Rebellion for that doeth not yet appeare The last replies are not yet answered Many things still obiected which were long agoe confuted The followers of Reformation lacke libertie to aunswere in their owne cause If they speake they be silenced if they write they wante PRINTERS They bee shut vp in close prisons their handes as it were bounde then buffeted They are blindfolded and then must reed who did smite them Vnlesse the Iustices and lurours can disproue all that hath bene written and confounde the most profound Clarks in the world whom the Bishops aduersaries haue shewed to stande for this reformation they cannot iustly sentence their writings to be false and slaunderous The certificat of the Bb. in this case is traâ—ersable and not to be admitted They stande at the barre as parties It is worse then heathenish to beleeue Scipio Africanus who conquered the thirde parte of the worlde vvhen hee speaketh in his owne cause If our sauiour Christ should beare witnesse of him selfe his witnesse were not fitte though it must needes
let him doe alwaies his best diligence If hee be so necessarie for the Court that in ciuâ—ll causes hee can not bee spared let him vse that vocation and spare the other It is not possible hee should doe both well It is a great ouersight in Princes thus to charge them with two burthens If this excellent and right famous man were now aliue and should say thus much hee might peraduenture if some had their will be martyred once againe Hee addeth further That the primitiue Church had no such Bb. as we They had such Bishops as did preach many godly Sermons in lesse time then our Bb. horses bee a bridling Their house was the schoole and treasure house of Gods Ministers If it bee so nowe let euery man iudge The Magistrates that suffer the abuâ—â— of these goods bee culâ—able of the fault If the fourth part of the Bishoprâ—ck remained to the Bishop it were sufficient The third part to schoolemaisters The second to the poore and souldiers were better bestowed If any be offended with me for this my saying hee loueth not his owne health nor Gods lawes nor mâ—ns Out of which I am alwaies readie to prooue the thing I haue saide to be true Further I speake of loue not hatred This was writen by this noble Maâ—tyr against the protestant Bb. vnder king Edward the sixt In these words he doeth not obscurely reproue the King and all Princes that mainteine the state of Bb. yet neither the Bb. nor Iudges in King Edwards time did adiudge this holy man to be a diffamer of princes His bookes touching this maâ—â—er haue bene publikely printed and solde and euen nowe are to be solde vnder hir maiestie Father Latimer another man of God and holy martyr was a Bishop in King Henry the eight his time but he gaue ouer his Bishoprike as also Shaxton Bishop of Salisburie did at the same time being diuested of his Bishoplike habite he skipped for â—oy as maister Foxe reporteth feeling his shoulders so light and being discharged as he said of so heauie a burthen Thus he speaketh of the Bishops in King Edwarde the sixts dayes in his sermon of the ploughe Ye that be Prelats looke well to your office for right Prelacâ—e is busie labouring and not Lording Thus much I say that since Lording and Loitering hath come vppe preaching hath come downe contrarie to the Apostles times They preached and Lorded not And nowe they Lorde and preache not They that bee Lordes will ill to ploughe It is no meete office for them If the ploughmen that nowe be vvere made Lordes they would cleane giue ouer ploughing and fall to Lording out right and let the ploughe stande By the loytering and lording of Prelates preaching and ploughing is cleane gone They are occupied some in the Kinges matters some are Embassadours some of the priuie Councell some to furnishe the Court some are Lordes of the Parliament some are Presidentes and Controllers of Minâ—es Well Well is this their duetie is this their office If the Apostles might not leaue preaching to be Deacons shall one leaue it for minting Heare my country Englande as Paul saâ—â—d in his first Epistle to the Corinths 6. chap. Is there vtterly among you no wise man to be arbitratours in matters of iudgement What none that can chuse between brother and brother c. Ad erubescentiam vestram dicâ— I speake to your shame So Englande I speake to thy shame Is there neuer a Noble man to bee a Lord Preâ—iaent but it must bee a Prelate Is there neuer a wise man in the Realme to bee a controller of the Mâ—nâ—e I speake it to your shame I speake it to your shame If there bee neâ—er a wise man make a Waterbearer a Tiâ—ker a Cobler a Slaue a Pagâ— controller of the Minte Make a meane Gentleman a Grome a Yeoman make a poore begger Lorde President This I speake not that I would haue it so but to your shame if there bee neuer a gentleman meete nor able to bee Lorde President It is a slaâ—â—der to the Noble men as though they lacked wisedome and learning to bee able for such office or else vvere men of no conscience or else vvere not meete for such offices A Prelate hath a charge and a cure otherwise and therefore hee cannot bee both a Lorde President and discharge his duetie too For a Presidentship requireth a vvhole man and a Bishop can not be two man Let the Priest preache and let the Noblâ— man handle temporall matters Then he proceedeth and telleth who is the most diligent Bb. in all England euen the Diuell who is alwaies in his Cure and Dioces keeping alwaies Residence He is no vnpreaching prelate Hee is no lordly loyâ—erer from his cure but a busie ploughman Therefore yee vnpreaching prelates learne of the Diuell to bee diligent in dooing of your office Learne of the Diuell if you will not learne of God nor good men For shame learne of the Diuell Ad erubescentiam vestram dico I speake it to your shame And in a Sermon before the King Though I say that I vvould wishe moe L. Presidents I meane not that I vvould haue Prelates Lorde Presidentes The office of a President ship is a ciuill office and it cannot bee that one man should discharge both offices well Thus Puritan-like wrote Father Latimer the famous martyr yet he vvas neuer esteemed a troubler of the state a Marprince and a diffamer of the King though in deede he was a Mar-bishop and Mar-prelate His Sermons containing this matter are publikelie to bee solde with authoritie testified in these wordes seene and allowed according to the order of the Queenes inâ—â—nctions And Matâ—hewa Sutcliffe saieth That bookes which passe with this approbatioÌ„ doe conteine nothing contrary to the State of this Realme Therefore it were straunge that the Seekers of Reformation should suffer as felons for writing against the ciuill offices of Bishops against their authority in the Parliamâ—nt in the councell and such like ciuill places seeing writings to that effect be seene solde and allowed as not preiudicall to our estate neither diffamatorie to her maiesty Maister Nowell in his Catechisme fully grounded on Gods worde and receyued and allowed by the church of England as the Bishops say and commaunded to be learned of ministers taught of all schoolemaisters doeth write thus of the Eldership If the Church were well ordered there should be in it a gouernement by chosen Elders or ecclesiasticall Magistrates such as was in the primitiue Church Shall men suffer as felons for such things as are fully grounden on Gods worde and receyued allowed and coÌ„maunded to be taught in the church and schooles of Englande The Lord forbid Doctor Rainolds the iewell of Englande publike professor of Diuinitie in Oxforde at the appointement and charges of the right vertuous and noble Earle of Essex did alleadge in open
sermon at Oxforde this testimony of Maister Nowell to proue that men by authoritie might speake in defence of gouernement by Elders To be short I haue shewed that my L. of Canterburie and the other Bb. That D. Coâ—â—ns and the aduertiser doe in writing reproue many things couÌ„tenanced by law as excommunication by lay Chauncellours Nonresidence Ignoraunt ministers the milde punishment of Adultery Subscription and such like and yet these men be not deemed indited conuict or attaint as diffamers of her maiesty and felons by this statute Such be our times that Iisdem de causis alij plectantur alij ne appellentur quidem Thus much may serue touching the accusation of diffaming of our Soueraine Ladie the Queenes most excelleÌ„t maiesty Now it remaineth to consider how iustly the writers for Reformation be charged with rebellion VVHereas the aduersaries to Reformation do take as a principle that whosoeuer writeth to worke a discâ—â—tentment in the mindes of the subiectes doe intende a rebellion That is a most vntrewe assertion and sophistical paralogisme For although Rebellion doth grow of Discontentement yet all discontentement doth not bring forth rebellion or if the writinge against the state of Bishops shoulde moue some men to discontentment who being discontented should stirre vp rebellioÌ„ yet it doeth not followe that the writers against the Bb. were rebels as this stat doeth intende For the writers must write Aduisedlie and of purpose to stirre rebellion So that if a man write in humble loyall and duetiful manner hauing no purpose and intent to worke rebellion though rebellion should here of insue yet could not such a writer without great iniustice be drawn within this statute For he can not be a felon that hath not a felonious intent and purpose Christ by his preaching had wrought such a dislike of the Priests and their proceedinges in the mindes of his Disciples that one of theÌ„ in defence of his Maister did strike of the eare of Marchus a seruant of purseuant of the high priestes yet the Priestes did not charge Christ with this outrage of his Disciple For albeit Christ did speake against the Rulers Priests in his time drawing after him many dislikers of that present state yet Christ neuer meant to woorke in mens mindes a discontentement which should bring forth mutinies or rebellion but amendement and reformation In like manner these Seek of Reformation haue descried manie supposed abuses in the church gouuernement they beare vs in hande that there is another forme of Ruling the church more agreeable to the Scriptures then this which we haue receyued They write to lay open the faultes of the one the necessitie and profit of the other that the one beeing remoued by lawful authoâ—itie the other by like authoritie might be entertained For considering that hir Maiestie and Lordes without the Commons can not by the order of our state reforme the abuses imperfections of the laws it is requisite that the Commons of this land should be acquainted with the wants both of the Church and common wealth For euery man and woman of this Realme is partie and priuie to all Actes of Parliament Their assent is needefull to the making of euery lawe In their name and as the deputies the Knightes Burgesses are present and haue voices in the Parliament Nowe howe shoulde the commons their Knightes and Burgesses conceyue what is amisâ—e in the Lawes and state but by publike writings for that purpose That hauing deepelie weighed and pondered what and how thinges should be reformed they might be able in time of Parliament after the lawfull and laudable custome of this Realme to take order for them according to knowledge A few daies or weekes are are not sufficient throughly to examine what may bee said what should be done in these matters Wherefore if these Seekers of Reformation should by publike writinge in duetifull and Christian sorte communicate to hir Maiestie the Lordes and commons of this Realme the enormities of the state to the ende that they in their Parliamentes should reforme the same though some of the Commons should take occasion herevpon desperately and vndutifullie to rebell yet the Seekers of Reformation coulde not iustly be condemned as aduised and malitious mouers of rebellion Much lesse can their writinges which haue as yet neuer effected nor affected rebellion be deemed rebellions Their writing for Reformation doeth rather prooue that they bee not rebells For if they purposed a rebellion they would rather tumultuouslie rise vp and reforme thinges them selues then write bookes to moue the Queenes Maiestie the â—ords and Commons in their Parliaments to lay their handes to reformation They that be not blinded with malice do see wel that the Ministers who seeke Reformation doe preache true obedience to the Magistrates with greater zeale and sincerity then any Bishop in this lande It is not oriously knowen that they teach as an article of their faith That no subiect or seruaunt ought to rebell against his Prince or Maisters though hee bee cruell and frowarde but rather shoulde meekely suffer oppression and violence at their handes They teach that the lawes must either be performed by obeying them or else the punishment for not yeelding vnto theÌ„ patiently suffered and vndertaken Therefore howsoeuer they write to bring a discontentment into mens mindes yet they would not haue the subiect to intrude vpon the Magistrates office much lesse to rebell against his Soueraine Furthermore if all they that write to bring the people to adiscontentement and dislike of the authorized gouuernement doe write of purpose to moue rebellion then doe the lawes the Bishops and whole state of Englande intende a rebellion I proued that both the lawes Bishops of this lande doe expect a further reformation which can not be accomplished vnlesse hir Maiestie the Ll. and commons be drawen to a discontentement and disâ—ike of the present state For amendement and redresse can neuer follow but where discontentement goeth before â—ikewise it is prooued that the Church of Englande hath seene allowed and suffered to be printed and publikely solde diuerse bookes which doe speake most effectualliâ— against the state of â—orde Bishops I shewed that bookes wherin the Lordship of Bb. hath bene coÌ„demned haue bene allowed by expresse act of Parliament I shewed also that the gouernement by Elders is approued in books which are commended by the Bb. to be fully grounded vpon Gods worde which are commanded to be taught learned throughout this Realme If it be rebellion to worke a dislike discontentement in the state of Lord Bb. If it bee rebellion to commende the reformed gouernement by Elders then doth the state of England intende a rebellion against hir Maiestie But God forbid that we should thinke so dishonorably or disâ—oyally of our Christian State though it hath wrought in mens mindes a dislike of the present Church-gouernement If then this argument be vaine
Reformation as felons that yet it is Expedient I answere that if such law be admitted it will be the most daungerous perillous practise that euer was receiued within this Realme of Englande For neither the Prince the Councellours the Magistrates Bishops Iudges or best subiectes can liue in security If men may violate law and iustice vpon a colour or pretence of Expediencie what endlesse mischieâ—es may insue vnto the common wealth What kinde of president would this be to al succeding ages To what purpose haue our auncestours prouided that there shoulde bee euery yeare or oftner a Parliament to supply the defectes of law if vppon a surmise of experiencie men might goe beyond the listes and limites of lawe If the reuerende Iudges of the lande who ought to preserue the integrity and honour of the lawe shoulde admit any such learning besides that it would ouerthrow both the common and statute law it would indaunger the keeping of their oth giue their goods landes and liues to the Princes pleasure Some will expect that I shoude answere the charge against the writer of the Demonstration if one man made both the Epistle and the booke which I haue not as yet hearde to bee proued but seeing he is conuicted by the verdict of 12. men the proceeding against him notoriouslie knowen the accusation and woordes wherevpon hee was conuicted in euerie mans mouth I leaue it to the iudgement of the great day when the Iudge all Iudges shalbe iudged before the Iudge of heauen and earth who will rewarde euery man according to that which he hath done good or ill Precious in the eies of the Lorde is the death of his Saintes O earth thou canst not couer bloude It still cryeth in the eares of the Lord for vengeance saying How long Lorde holy and true doest not thou Iudge and auenge our bloude on them that dwell on the earth Surelie he that preserueth the haires of the head and putteth the teares of his seruantes into a bottel will much more preserue in his bottel the drops of the bloude that fall from the bodies of his saintes Therefore be warned bee wise and take heede what you doe ye Iudges of the earth It is one thing to deale with a theefe and murtherer another thing to iudge a Minister preacher of the Gospell of Christ your redeemer and that in matters of religion wherein God knoweth you haue small vnderstanding Thus haue I runne ouer the obiections made to proue the writers of Reform against the Hierarchie to bee diffamers of hir Maiestie and rebelles I will proceede a little further to shew that if men would be curious in their writings that deale for the Bb. and if their wordes were a little inforced as they might be by M. Dolion or some such factor for the Bish I feare they might incurre the daunger of this â—tatute as easily as others The Bb. in their booke doe write That it is not lawfull to bestowe such liuings vpon late men as are appointed by 〈◊〉 to Preachers of the worde Though this might stande good and yet ouerthrowe many of our Bb. states honors who preach not the word yet this doeth reproch hir Maiestie who doeth imploy some of the â—b liuings oâ—tentimes to better vses then Bb doe bestowe them M. VVicleve that famous protestant taught another lesson 〈…〉 And who will not thinke the superfluitie of a Bb. liuing better bestowed vppon such a man as Sir Frauncis Walsingham that right honorable Councelor and benefactor of the Church and Countrie then vppon any Bb. that referreth al abondance to the aduancement of his house and posteritie D. Brâ—ages mainteineth in writing That a Priest maie haue a moderate Lordely iurisdiction ouer all the Lordes allotment and 〈◊〉 Which implieth and externall â—ordely iurisdiction ouer hir Maiestie vâ—les he will say That she is none of Gods heritage both which might be made a daungerous doctrine D. Bancroft writeth That her Mâ—iestie is a Pâ—ty pope and ascribeth to hir all the iurisdiction that the Pope euer had by vsurpation M. Iewell saieth That the popish Prelates gaue K. Henrâ—â— the 8. the strange and vnvsed â—ule of head of the Church to bring him into the slander and taske of the worlde And the Parliament for auoyding scandale changed the title of Supreme heade to Suprem Gouernour If Maist. Iewell misliked that thâ— Queene should be called Supreme heade what would he haue thought of Pety pope or howe can the Parliament beare this Do not the Protestantes detest in the pap their woman pope The Archb. of Canterb. would bee displeased and I can not blame him if a man should call him Pope Notwithstanding the Pope saide of one of his predecessors Includamus hunc in orbe nostro tanquam 〈◊〉 orbis Papam Let vs include this Aâ—selme in our woorlde as Pope of another worlde meaning great Britaine called by the auncient writers a world by it selfe yet it is thought nothing to call hir Maiestie a Peâ—y pope Doctor Whitakers sayeth That the Name authoritie and person of the Pope all Protestantes doe abhorre and accurse to the Prince of darknesse whence it came The papistes doe slaunder hir Maiestie to be a Pope or Pety pope but M. Nowell telleth the papistes and D. Bancroft also That wee doe not teach that the Princes be either Popes or Pety popes The papistes also doe abuse hir Highnes as D. Bancroft doeth saying That vve take the Supremacie from the Pope and giue it to the Prince But Doctor Rainolds aunswereth That the Supremacie which vvee take from the Pope vve giue to no mortali creature Prince or other But D. Banc. who thinketh himselfe a great Clerke as if he were a deeper Diuine then either M. Nowell or M. Rainolds whom he vseth to call a Precâ—fian maketh hir Maiestie a Petie pope assigneth hir not some of the Popes power but ALL honors dignities preeminences iurisdâ—ctions priuileges authorities profites and commodities which by vsurpation did at anie time appertaâ—e vnto the Pope If a man can diffame by foolishe flatterie then D. Bancâ—s the most notorious diâ—â—amer of hir Maiestie in al England Neither lawe reason religion or good manners doeth waâ—rant this God forbid that like extremity were extended for these faultes as hath bin vsed against the Seek of Reformat I doe not recount them for that purpose but onely that the Bb. and their friendes seeing their owne case if hir Maiestie vvere not mercifull may deale more curteously with their brethren Conclusion Considering the doubtfulnes of these controuersies I trust your Maiesty will take some good order for the peaceable debating compounding of them In the meane time we hope that these things which are here writen being well weighed your gratious and tender heart will neuer suffer one drop of bloud to fall to ground for these causes of Reform till
of the Queenes subiects should call one another Heretike Schismatike or vse any such like word of reproch yet the Bb. their libellers and slatterers call her Maiesties subiectes and that falâ—lie Scismatikes heretikes puritans and such like as appeareth by their pamphlettes and cholericke brables 49 Whensoeuer the name of IESVS is pronounced in Sermon Lesson or otherwise all men should vncouer their heads and make a legge yet the Bish. and their Chaplens seldome vse this vnlesse it be at reading of the Gospell as if the Gospell were more holy then the rest of the scripture especiâ—lly they forget it when lustely and brauely they sweare by Iesus 50 The Queene accounteth and calleth them hir good and lawfull subiects that acknowledge her Maiesty to be the sole supreme gouernour ouer all the subiects in her Dominions But the Bb. accompt some such men papistes traitors 51 The offendours against the Iniunctions are to be punished by depriuation suspension excommunication c. by the ordinaries The Iustices of peace are to assist them yet howe many of the Bb. ministers haue beene depriued c. for not causing twelue sermons to bee preached euery yeare in their parish For playing at Cardes Dice c For not distributing the 40. part of their liuing to the poore For not allowing fiue markes to a poore scholler For not reading the Iniunctions for mispending the Sabboth For not wearing square cappes For calling their brethren puritans c. For not kneeling when they sweare by Iesus And for terming her Maiesties good and obedient subiectes papistes and traytours These Iniunctions and ordinances appointed by the Queene are forgotten But the Bish. be carefull enough to vrge subscriptions othes ex offiâ—io and such like vnprofitable and Apocryphall stratagemes their owne deuises Out of the Bishops aduertisements 52 By the aduertisements a Minister should pay for the wax perchment writing of a licence to preach onely foure pence how this is obserued I referre my selâ—e to the lâ—â—centiaâ—s and licentious preachers of our tune but of such men commonly no licence is required 53 No man should be absent from his cure but in respect of Sicknes seruice or studie at the Vniuersities yet it is knowen that many be absent hauing no such respectes to dâ—â—we them away 54 All ecclesiasticall persons should weare in iourneing cloaks with sleeues yet many great patrons of formality doe not vse them Out of the Bishops Canons 55 By the booke of Canons agreed by all the Cleargy of the prouince of Canterb. The housholde seruaunts of 〈◊〉 should be of good life of sound religion orderly modestly apparelled yet many instances may be giuen to the coÌ„trarie 56 None must be made minister that hath bin brought vp in husbandrie or some other base and handie craft labour nor any but such as haue a title whereby they may liue if they become blinde and fall into any languishing or continuall sicknes yet the Bishops make their blinde porters and such other worne and forlorne seruitors ministers hauing no title but the ministerie to relie vpon 57 The Bb. should not graunt to any the next or 3. aduowson of any prebende or benefice for they say those aduousons are farre from good doing and christian charitie yet presentations and aduousons to churches before they bee voyed be notoriously and vsually graunted by the Bb. 58 There should be in Cathedrall Churches in Prebendaâ—ies and Deanes families the booke of Martyrs that all commers in might reade it yet the most doe want it as I am perswaded 59 Euery Chauncelor Commissarie and Officiall should be learned in the Ecclesiasticall and ciuill lawes yet many ministers vtterly ignorant in those faculties doe beare such offices 60 All vnpreaching Prelates should teach children to write to knowe their duetie to God and others yet the parishioners are burdened to finde schoolmaisters for theese matters 61 Churchwardens should be chosen by the minister people they should admonish and warne anie noble or vnnoble that offende others by adulterie drunkennesse much swearing baâ—drie vsurie and other wickednesse in life And if they will not heare the Churchwardens the Church-wardens should shew the fault to the Parson or Curat be he neuer so base who should more sharplie and vâ—heâ—entlie reproue them And if they continue still they shoulâ— driue them from the communion till they bee refoâ—med This profitable order of discipline is altogither neglected both it election of Church-officers by the people are reputed dâ—ungerous seditious and scismaticall in those that seeke to haue theÌ„ established soundly practised and prosecuted with effect 62 The whole cleargy of that Prouince do agree that Nonresidence is a thing in it selfe to be abhorred and odious to the pâ—ople pernicious to the Church of God yet they retâ—ine nonresident Chaplens about them daily countenancing such men most oppugning in Parliament the Nobility and commonalty that speake against it 63 No mâ—n should haue aboue 2. Benefices at once not distant a sunder aboue 26. myles yet many haue 3. or 4. scattetered one from another 100. myles 64 Al men should eschewe the company of an Excom person he shoulâ— be esteemed an heathen and publican yet our â—olie Preâ—aâ—eâ— such is their learning euen in the common articles of our religion doe call our Excommunication a ciuil discommuning and make no scruple to company with such persons I doubte if the matter were well examined the most of the Bish. them selues haue bin excommunicate ipso facto and still continue in that state for the breach of the statute of Magnacharta and infinite Prouinciall and Nationall constitutions Wherevpon they are disabled to sue any actions and are to be esteemed as heathen and publicanes It were endlesse to reccount all the cases vvherin the Bb. their Officers their Chaplens and hang-bies doe ofâ—ende against our Synodall and Prouinciall constitutions agaynst their owne bookes and Articles publâ—â—hed in their Synodes and CoÌ„uocations It woulde make a large volume to remember wherein they proceede and giue sentence in their courtes contrarie to the Statues and common lavvs of this Realme Thus much is sufficient to set the Gentlemen studentes of Englandge a worke to searche more narrowelie into these thinges then they haue done that they maie by their paâ—nes in studie redeeme hir Maiesties lawes from the captiuitie wherein they are deâ—eâ—â—ed by the Cleargie By these Aâ—ticles it appeareth that our Bishops doe not of conscience to God and honour to hir Maiestie exclaime against the Seeke of Reformation for not yeelding in all thinges to hir â—â—â—â—nctions lawes and other proceedings For if they did bona fide ex animo in deed honour hir Maiestie and seeke the aduauncement of the Gospell of Christ Iesus they woulde be more carefull and sedulous to see the profitable and necessarie
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