state they still continued as they had begun some of them weake in body though strong in spirite preaching three or foure times a day manie daies togither as London can witnesâ—e incouraging the people to fight for the Gospell and for their soueraigne still calling for repentaunce that God might bee mercifull to vs our Prince and Countrie Also when the expedition was made into Portugall they renewed these exercises a fortnight or 3. weekes before the Bishops sent to their fauorers any precepts or instructions to doe the like Is it likely that these men doe malice her Maiesty Surely they malice hir as Esay Ieremy other prophets did malice Ezechiah Iosiah and other godly Kings of Iudah when they reproued the abuses of the Church vnder them seeking that they might flourish in al honour by the due obseruation of the lawe of God adding vertue to vertue and reformation to reformations till Iudah and Ierusalem were clearely purged Is this malice to Princes No. They that hide froÌ„ princes the deformity of a state crying peace peace where no peace is they be the most malicious and pestilent enemies of the state The men that call for Reformation may pretend cause or coulour of cause both in matters of doctrine fact why they may hate the Bishops which in no sorte may be applyed to hir Maiesty The Bishops impugne that which heretofore they haue deliuered as the trueth of God as I haue shewed They confesse there be infinite corruptions in the Church which yet they will not reforme nor sâ—ffer other to sue for amendment or reformation thereof They confesse that by Gods word a Priest and Bishop are all one yet they and their followers make it heresie so to beleeue building vpon Epiphanius who also erroniously in the same place calleth the Bishops and all them heretikes that denie prayer for the dead Which determination of heresie vpon one mans worde as it is against the lawes of this Realme so it wrappeth in heresie both the Syriake Interpreter vvho vseth one worde Kashisha both for Priest and Bishop And also Chrysostome Ambrose Theodoreâ—e Hierome Occumenius Iâ—idore The Canon Lawe in force in Englande which sayeth That the primitiâ—e Church had no other sacred orders but Deaconship and Priesthood Also Wicklef Marsilâ—â—s of Padâ—a Luther Caluin Musculus Hofman Sadel Mornce Marlorate 〈◊〉 Whitakers Fulke Iewell Bullinger The Waldenses Alley Bâ—shop of Excester Lambert Beza Daneus The Magdeburgenses Knitsius Melaâ—â—thon Szegedinus Many Christian Churches and all Protestants that haue writen of this matter who teach expresly that by the trueth of Gods word Bishops and Priestes bee all one and of like authority therfore are condemned by Bellarmine Turrian Dureâ— Spence Harding The Rhemistes Stapleton Sanders Bristowe and other papistes to bee Aertan heretikes euen as the â—b doe account for the same cause all the maintemers of Reformation The enemies to Reformation doe esteeme it an absurde and monstrous thing to holde That a Pastour and Teacher differ in office though the Syriake interpreter doe distinguishe them aswell as Apostle and Euangeâ—ist vith deragnavathâ— vith demalphane which Guido translateth Ephes. 4. 11. Some Pastours and some Teachers And although Musculus Hâ—perius Caluin Martyr Kemâ—tâ—â—s Bezâ— Sadeel Danâ—us Szegedinus Hemingius Bucer Bertrand de Loques Villiers Iunius and tâ—n Protestante Churches as Maister Rogers confesseth doe account of them as distinct callings The Bishops doe affirme that by the common exposition of all writers Christ by katakyrieuâ—in Matth. 20. 25. doeth onely prohibite in the ministerie tyrannâ—call not lawfull Lordly rule yet of all these writers they can onely name threc or foure whereas the Seekers of Reformation may produce Luther Zuinglâ—us Melancton Caluin Bullinger Hemingius Illiricus Gualter Nowell Iewell Sadâ—â—l Beza Munster Bridges against the papistes Bilson Broughton Rainolds Withers Whitakers Snâ—canus Szegedinus Fulke Erastus and the Churches of Bohemâ—a who say that Christ speaketh there of lawfull Lordely rule for bidding his Apostles and Ministers of the Gospell to vse the same The 〈◊〉 and their friendes adiudge it a popedome and tyranny to excommunicate Princes although themselues do excommunicate inferiour Magistrates whom the Scripture doth honour with the hie title of Gods aswell as the most glorious Emperour and although both Bucer Caluin Snâ—canus De Loques Beza Daneus Zanchius Nowell Poinet Bishop of Winchester Iewell Bâ—â—son and Bridges do by their doctrine in priuiledged bookes approue the same The Bb. charge the Seek of Reformation flatlie and fullâ—â— to agree with the papistes in the article of the Princes Supremacie in matters Ecclesiasticall yet the Seek of Reformation differ froÌ„ them in these substantiall pointes following 1 They giue the Prince authoritie ouer all persons ecclesiasticall whatsoeuer the papistes exempte their cleargie 2 They holde that a Prince may depose a priest as Salomon did Abiathar and accordingly they obey being silenced the papistes deme it 3 They affirme that if Priests do make wicked decrees that the Prince may enforce them to better the papistes denie it 4 They say that Princes may and ought to make lawes for the Church but with the aduise of godly Pastoures the papistes denie it 5 They hold that if the Pastours be vnlearned and vngodly the Prince may of himselfe without their assent or aduise make orders and lawes for ecclesiasticall matters the papistes doe vtterlie denie Lastly they will subscribe in this point to the Articles of Religion established by lawe to the Apologie to the Church of England to the writers of M. Iewell M. Nowell M. Horn Maister Whitakers Maister Bâ—â—son Maâ—ster Rainoldes M. Fulke for I protest I haue sought but found nothing in these mens writinges touching this matter that dissenteth from the opinions of them that sue for Reformat Besides they take the othe of the Supremacie as hir Maiestie and the Parliament doeth expound it Whereupon by expresse allowance of law they are in that respect hir Maiesties good and obedient subiectes and they that inforce more vpon them in this point of the Magistrates authoritie then that othe vvith the Queenes exposition therof comprehendeth are vpon hir Maiesties roy all woorde and enact of lawe Malicious persons Furthermore the Bb. saye That the generall opinion of the best writers is against the gouernement by Elders vvhere as they can name onely foure whereof Caluin and Beza are two who
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
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
her Maiestie that nowe is There is not one pricke pointing at the Queenes lawes or state of Bb. Therefore it is to be taken strictly of the Queene against whom the Seekers of Reformation haue not writen and by consequent haue not infringed this statute 5 Her maiesty is a body politike and hath members politike in fiction onely and in politicall imagination not in truth and verity In like imagination the lawe sayeth shee cannot doe wronge shee is alwaies of perfect age shee is not subiect to any passion shee can not bee imprisoned sicke or due Thinges in themselues vntrue Therefore he that diffameth her members politike doeth diffame her maiesty only in fiction that is in plaine english not at all 6 If they that write against the state of Bb. diffame her maiesty that vpholdeth it Then doe they that call the gouernement by Elders antichristian a popedome c. diffame the Queene also For hir maiesty hath authorized or at the least openly and notoriously tollerated the gouernement by Elders in forraine Churches that haue fled for succour into Her Dominions and haue bene admitted to vse the gouernement by Elders euen as our fugitiues in Queene Maries time founde like liberty and fauour in strange nations 7 If they that diffame the Queenes members politike diffame the Queene then they that take awaye the life of her members politike commit treason against the Queene The same reason caeteris paribus maketh the same lawe But euery puisne knoweth it is no treason to kill the Bb. though it bee worthily treason to attempt any hurt to her Highnesse Therefore the diffamation of the Bb. is no diffamation of the Queene 8 All men be lyers Churches Vniuersal Councells Parliamentes and lawes of all nations doe controll one another Therefore it is no diffamation to her Maiesty if men ascribe errour in some of their lawes seeing it is incident to all men to erre in some thinges Though Princes be called Gods yet as they die so doe they erre like other men Homines sunt mendaces non angels Men be lyers they bee not Angels sayeth Iustice Shelley 9 If you doe offer violence to the most base subiect in this Realme you doe periudice the Crowne and dignitie of our Soueraine Lady the Queene yet if you diâ—fame them it is no diffamation of the Queene the murthering of them is onelie felony though by estimation of lawe their life doeth more neerely touch the Crowne then can be shewed for the state of Bishops 10 If the diffaming of the Bishops and Queene be al one punishable by one lawe and one penaltie then the lawes defende the name and credite of a subiect with as great care as the name of the Queene Which were absurde in the law and a presuÌ„ptuous challenge in any subiect that doeth not represent the person of the Queene 11 If the writers against the gouernement of Bishops doe maliciouslie diffame the Princes that bear it vp then do they malitiously diffame the Dukes of Saxonie and Hie Almaine that mainteine the state of Bishops as our Prelates say But it were madnes to say that they write aduisedly maliciously to diffame these Christian Germaine Princes who neuer harmed them much lesse our Soueraine Ladie the Queene by whom they haue receyued incomparable benefites and who hath beâ—e more beneficiall to the church then anie Prince or Poâ—â—ntate in all the worlde 12 They that write to diffame the Queene shoulde die as felons by this statute None that writeth against the gouernement of Bishops ought to dye as a felon For they can make that but an errour in Religion at the worst for writing is not materiall to make an error or not an error The papists sayeth D. Bilson bee not executed for making the Pope chiefe pastor ouer their soules or for giuing him an Episcopall authoritte ouer all the vvhole Church though that bee also a frantike heresie but for giuing him an externall dominion ouer this Realme and Prince This is it that the Execution of Iustice doeth dâ—ely respect vvhich is farre froÌ„ anie matter of faith and religion Thus you see hee mainteineth that the papists haue not nor doe not suster for religion or heresie but onely for treason The Christian Emperours Gratian Theodosius c. neuer punished heretikes with death but onelie blasphemers and idolaters They that holde errors shoulde not bee killed but corrected sayeth Augustine And in another place It neuer pleased any good man in the Catholike Church that heretikes much lesse such as erre in externall matters should be put to death Thus it hath bene reasoned by our Diuines against the but châ—ries of the papistes It is also helde in a booke published by authoritie to which D. Bilson had reference and translated into many languages that neuer anie papist did suffer death for his religioÌ„ since hir Highnes raigne Which thing the Papists in Wisbich castell can also witnesse Seeing then our state and Diuines haue sought to remoue from them the suspition of executing any papists for their religion though they defende infinite heresies much lesse should the Seekers of Reformation suffer death for their religion If the papistes ought to be executed but of â—auour and grace are spared much more curtesie shoulde bee shewed to Seekers of Reformation whose offences both to God the Prince and Realme are nothing matchable with the detestable heresies and practises of the traiterous papistes Verely all the Protestants in the world would wonder to hear that among Protestantes vnder a Protestant Prince gouernmeÌ„t any Protestant should haue his bloud shed for maintaining a doctrine of the Protestants imbraced by Christian Churches and confederate Princes round about 13 If the writers against Bishops do offend against this statute then the Speakers and Reporters against Bishops and the publishers or deliuerers from hande to hande of these book â—s or any popishe bookes against the receiued doctrine of Englande be likewise within this statute The Speakers and Reporters must either loose their eares or redeeme them with two hundred poundes or two hundred markes The publishers are adiudged and deemed felons But it were ridiculous to aâ—â—iâ—me that the law had any such intent For theÌ„ there should be more eareles people in Englande then in al Christendome besides and many thousandes of the Bishops friendes shoulde be in case of â—elons Which woulde comfort the writers when they sawe like iustice done to Speakers Reporters and publishers For the Poet truely sayeth Solamen miseris socios habuisse doloris It cheereth vp a wofull heart When company doe beare a parte Seeing then that the Speakers Reporters and publishers of such matters against Bishops are not within this statute neither be the writers 14 That is onely lawe which the lawe-makers intende The Law-makers did not intende by this statute protect the Hierarchie For there was no bill preâ—erred in the
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 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