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A05089 A petition directed to Her Most Excellent Maiestie wherein is deliuered 1. A meane howe to compound the ciuill dissention in the Church of England, 2. A proofe that they who write for reformation, do not offend against the stat. of 23. Eliz. c.2. and therefore till matters be compounded, deserue more fauour ... : here vnto is annexed, some opinions of such as sue for reformation ... : also, certayne articles vvherein is discouered the negligence of the bishoppes ... : lastlie, certayne questions or interrogatories dravvn by a fauourer of reformation ... Barrow, Henry, 1550?-1593. 1591 (1591) STC 1522A; ESTC S1453 68,920 84

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su●plication as before hee had mentioned to her maiesty that they vvould make aunswere that to deale in such a suite were to rebell to pull the Crowne off her Highnes head to make a faction to vvrest the scepter out of her Maiesties hande and to shake off all authoritie A wonderfull thing sayeth he● it is that humblie and duetifullie to entreate should in the English tongue signifie by vnbrideled force vnduetifullie to compell and that to seeke the remoouing of vnlawefull callinges out of the Church should bee to threaten that the lawefull Magistrate shoulde bee thrust out of the common vvealth Thus farre writeth this Martin explaning fullie that though it was like the Bb. woulde peruert and mi●conster his wordes as if he meant to moue rebellion that yet notwithstanding he went about no other thing but to incline the magistrate by his owne authority to reforme all matters that were amisse That an hundred thousand hands would strike a great stroke in this suite hath no other sence then this that if her maiesty should vnderstand that an hundred thousand of her most louing and loyall subiectes should subscribe to such a petition it would greatly mooue her Highnes to accept the same This phrase is vsuall and knovven to an English man For we vse to saye the cause hath receyued a great blowe or a great stroke So D. Bridges writing against Lordship of Bb. sayeth that vos autem non sic striketh dead that is vtterlie ouerthroweth Lordly author●tie in the Ministers A man by wresting of such speaches as this might make the best subiect in this Realme a very traytor if his writing and speaking were well obserued But let traitours be traitours and rebels be rebells and suffer as is due to traytours or rebells God forbid that a Tropologicall or Metaphoricall speach without intendement of anie harme should come within the compasse of treason or rebellion Touching the wordes of Franc. Iunius we desire D. Consins to take a little paines in shewing which Franc. Iunius he meaneth If he vnderstand Fra●ciscus Iunius the famous learned man who with Tremellius translated and of late hath reviewed the Bible who hath also writen a whole booke in defence of the Eldership and Discipline he doeth that worthie man exceeding wrong It can not be proued that euer he wrote any such thing But if he meane one who calleth him selfe Stephen Iunius in a booke against tyrants whom peraduenture it pleased D. Cosins of purpose to call Franc. Iunius that men might suppose a louer of the Eldership to be a fauourer of treason I aunswere that this Stephen Iunius doth not mention the Praesbyteries in all his booke And whether he doth approue any such Eldership it doeth not appeare or if hee helde anie such frensie as D. Cossins fasteneth vppon him the Seek of Reform doe disclaime him That many thousandes in Englande Desire the Discipline is true and the number doeth increase daily That great trouble would come of it if it were not admitted hath appeared For we see howe schismatikes doe trouble the Church and what endles writing is on both sides and all touching this Discipline that yet wanteth But what is here that carieth the countenance of any sedition or rebellion vnlesse D. Cosins thinketh there can bee no trouble but in rebellious and warlike order D. Bancroft not finding pregnent matter for his purpose at home to giue shewe that the Seekers of Reformation bee rebellious he maketh roade into Scotlande challenging those Churches as his friendes the Papistes had done before That the Scottishe Ministers who fauour Discipline haue abused their King preaching factions and seditious doctrine treading vpon his scepter imitating the papall iurisdiction labouring to establishe an ecclesiasticall tyrannie of an infinite iurisdiction putting the King in daunger of his life whereupon the King ouerthrewe their presbytertes and restored the Bishops to their places And galloping on the way in this order he making in effect that right noble Christian King hir Maiesties most neere friende and knisman a ●lat hypocrite grounding himselfe vppon a booke counterfait by the gracelesse Archbishop of S t Andrewes in the Kings name Wherevnto the King neuer assented as the Ministers can shewe by his Royall letters yet reserued in Edinborowe the wicked Prelate since that time hauing sought to be reconciled to the Ministers whome hee slaundered Which thing you may the rather beleeue if you consider that the King hath taken so good liking of the Ministers the Presbyteries that he hath made publike protestation to mainteine the fame while he liueth And to subiect the Nobilitie therevnto Likewise when the King reade D. Banc. booke and came to the pag 75. where the Doctor chargeth him to be an hypocrite or dissembler The King vppon the margent of the booke did write these wordes My speking vvriting and actions were and are euer one vv●tthout dissembling or bearing vp at any time what euer I thought Ergo Castes the libell ne quid asperius that is Therefore the Doctor sayeth vntruely that I vse no rougher wordes Signed thus I. R. that is Iacobus Rex Iames the King The same Doctor bringeth in some forraine authoures whom he saieth were fauoures of Discipline yet brochers of rebellious and straunge propositions These authours did write either against such as they accounted vsurpers or Princes by election popishe tyrants such as hated our religion they did not write aginst any protestant Prince neither in defence of the Disciplice but rather of the doctrine which is nowe mainteined in Englande As D Bancroft doth alleadge these authours to proue the Discipline to bee trayterous and rebellious so the papistes do alleadge the same mē to proue that the doctrine of the Protestantes is seditious The allegation doeth holde against both alike Our Religion doeth not depende vpon the opinions of one or two men Where one fauourer of the Eldership hath written trayterously I coulde produce fiue hundred who were mainteiners of the Hierarchie and ranke traytors Our English Bish. haue resisted rebelled and deposed many kings of England They haue most sawcilie abused the Nobilitie as might bee shewed I heare of none that either attempted or effected treason or rebellion against hir Maiesty but papists all such do approue the princip●lity and iurisdiction of L1 Bb. Thus farre haue ● proued as I hope sufficientlie that it is not lawfull or agreeable to the trewe intent of this sta●ute to iudge these writers for Reformation as diffamers of hir Maiestie or rebels and therefore that they ought not suffer as felons Some haue helde that though it be not consonant to the lawes of England that the Bishops should presse the othe ex officio as they vse to doe yet that it is expedient they shoulde continue their proceedings as they haue begunne if any in the same conceite should holde that albeit it is not lawfull to execute the Seekers of
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 excellēt 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 contentiō 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 th● 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 a● 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 Excōmunication and abso●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 stādeth 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 ●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 Mas●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 od●ous to men pernicious to the church yet what is more common 2 By the lawes of England in the ordination of Bb. the Archbishop should lay the Bible vpon the Bishops neck
be true In Parliaments that concerned the Bb. as parties they haue bene excluded But the law and state of England you will say accoūt 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 fal●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 cōcurre 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 offend● 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 publ●she that her Highnes is an heretike schismatike tyrāt 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 pe●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