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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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and printed by authoritie 3 The testimonie of the principall Diuines in Europe 4 The vntoward ruling of the Bb. 5 And the apparant vtilitie by gouerning Elders doe lye as offensiue stumbling blockes in their way To the ende that these men may haue more mercifull acceptation and may not be subiect and lie open to the bloudie desires of their aduersaries whereof no doubt some bee hollowe harted papistes and some without God in this worlde who neither regarde Religion Prince Bishop or Countrie but with their own ease and aduantage I haue vnder the fauour of better iudgement taken in hande to pleade not for any landes or tenementes but for the liues of your Maiesties most loyall subiectes and Gods faithfull seruauntes for God may haue great interest in them though they erre in Discipline whom some do drawe within the statute of Newes because they doe write for Reformation The wordes of the statute Be these If anie shall aduisedly and with a malicious intent deuise vvrite c. anie manner of booke writing c. containing false seditious and slaunderous matter to the diffamation of the Queenes Maiestie that nowe is or to the incouraging stirring or mouing of rebellion or insurrection within this Realme hee shall suffer and forfait as a fel●n From this law it is thus reasoned VVhosoeuer write bookes to the diffamation of her Maiestie and to raise rebellion doe offende against this Statute and are felons They that write for Reformation make bookes to diffame the Queene and raise rebellion Therefore the writers for Reformation offende against this statute and are felons They proue the first parte of the Minor in this m●ner They that diffame the Bb. who bee members of h●r Maiesties body politike and vphelde by hir lawes doe diffame the Queene They that write for Reformation diffame the Bb. c. Touching the second point in the Minor the followers of the Bishops would proue that the seekers of Reformation doe write to stirre and moue Rebellion First by argument drawn● from the generall scope of their writings Secondly by particular supposed mutinous and rebellius sentences scattered in the bookes written in defence of Reformation Their generall argument is to this effect They that write to worke discontentment in the mindes of the subiects against the gouernement receiued doe write to mooue a rebellion For Discontentment is the mother of Rebellion The Seek of Reformation write to worke a discontentment in the mindes of the subiectes against the gouernment receiued Therefore they write to moue a Rebellion The supposed mutinous speaches which they gather out of the bookes which speake for Reformation are these D. Banc. sayeth that Martin threatneth Fists Others obiect a place in Martin Senior where hee mentioneth a hundred thousande handes and saith That these so manie togither would str●ke a great stroke D. Cosins citeth one Fran. Iunius pag. 28. who holdeth That people may resist the Princes that hinder the Presbyteries And that in the seconde Admonition pag. 29. it is sayd That many thousandes in Englande desire that platforme and that greate troubles wil come of it if they be withstoode in their deuises c. If I were perswaded that any seeker of Reformatiō did intende either to diffame hir Maiestie or to raise rebellion I am so farre from approuing his fact or writing in his defence that I adiudge him rather to be punished as a traytor then a felon But because I assure my selfe that they bee guiltlesse of these crimes in tender regarde of innocencie and of hir Maiesties most godly lawes which ought not to bee peruerted I haue at tempted to aunswere the quarelles of their aduersaries in this behalfe Saluo semper meliore iudicio Which clause I will haue to runne and reache from the beginninge to the midsts from the midsts to the end● of all this treatise For answere to the first point in the argument I doe make good that Admit the Seek of Reformation doe diffame the Bb. who bee members of her Maiesties bodie politike and vphelde by hir lawes yet they doe not diffame the Queene as this statute intendeth In my vnderstanding there be two generall Bodies politike in this lande The one the Bodie politike of the Realme the other The Bodie politike of hir Maiestie The bodie politike of the Realme is All the people in the common wealth contracted and distinguished into the Three states of the Parliament The first is the Queenes Maiestie The second The Lordes The thirde The Commons The Bb. be not one of the Three states though Matthewe Sutcliffe shoulde affirme it twenty times vnlesse he will turne out either the Queene the Lords or the Commons and assigne their place to the Bishops Although the Bb. since the time of H. 11. Haue beene present in the Kings Courtes with other Barons till the matter came to the losse of limme or life for at such time by the lawes they are to auoyde the place And although they are de facto intituled as Authours of our Statutes yet I holde that this is onelie of grace and fauour and de iure or by necessarie right For our Princes as was conuenient at the assembly of their Parliamentes haue vsed to call the Bb. so long as they vvere taken for godly and learned into their consultations that did concerne the state of the Church but yet they haue not so inthralled themselues to the aduise and assent of Bb. as if no statute might be of force without them as the Bishops doe nowe to boldelie insinuate For many lawes haue bin made and do yet stande in force the Bb. being absent or vtterly refusing to assent vnto them as is expresly proued and shewed out of the statutes and Parliament rolles by Maister Iewell Maister N●well Maister Fox Maister Bilson and Maister Lambert a learned lawier of Lincolns Inne Wherefore seeing the Bb. according to their dignities bee none of the three states of the Parliament or of the Bodie politike of the Realme no otherwise then common subiects be in which respect they are not diffamed it can not be taken that in this sence they bee members of hir Maiesties Body politike and therefore the diffaming of them doeth no more touch the Queene then the diffamation of a common subiect whic● fault is otherwise preuented then by the punishment due to felons The general● Bodie politike of hir Maiestie is as I conceiue all the Officers and Magistrates of this lande who deriue all their authoritie either mediatelie or immediatelie from the Queene In which regarde the Bb. be members of hir bodie politike drawing from hir Highnes their ciuill authoritie and lordship For their ecclesiasticall authoritie hath bene heretofore deduced from hir Maiestie but I see that of late they begin to claime it from God as the Queene doeth hir Crowne But howsoeuer the Bishops claime their worldly state or spiritual primacie the
friuolous against the state why is it not so against the members and partes of the state I might adde here that all P●inters who sell popish bookes and all others who publish or deliuer from hande to hande any popi●he or other booke that crosseth the present gouuernement were felons by this statute if this argument might haue place I might also giue a caueat to Maister Doctor Percie that he doe not proceede in perfecting the booke which Crammer Cox Haddon and others beganne touchinge reformation of the lawes ecclesiasticall least peraduenture he should draw the people to be discontented with the lawes in force and by that meanes incurre the penaltie of this statute I might also shew that they who hauing receyued greate benefites of hir Maiestie doe contrarie to the trust reposed in them maineteyne preferre and aduance notoriously suspected papistes hollow-harted traitours and close enemies to hir Highnes hir Crowne and Dignitie opposing themselues against they knowe not what I might I saye shewe that those men doe prouoke a discontentement in hir Maiesties subiects but I will not stande her cupon For whatsoeuer discontentement is raised in men I knowe none that are falne into such madnes as to endeuour a rebelli●● Neither can I conceyue cause of such feare vnles we doubt that the popish ●orte being incouraged by the aduancement of their friends the disgrace of their greatest enimies the passing by of them pursuing of others should increase in number as they doe without question mightily and then returne to their aunci●t rebellions ad diuelish practices Thus much may suffice to be spoken to the generall argument vsed by the Bb. their solicitours to proue the writings for Reformatiō to be rebellious Their reason is so sencelesse that I maruell how it can proceede from men of wisedome I am ashamed to bestowe more labour vpon it The seconde accusation of writing to moue rebellion concerneth particular speaches scattered here and there in some bookes which I would willingly deale vvithall sauing that I haue resolued to open my mouth in the cause of the innocēt and to speake in their behalfe that are vnworthily in mine opinion adiudged to death Which trauell I would take aswell for the Bish. as for the Seekers of Reformation if they should come into the like perill There neuer yet hapned any rebellion vnder her Maiesty by the instigatiō of them that w●ite in the cause of reforming the Church-gouerneme●t But if any should write to the intent to st●rre rebellion or insurrection though no insurrection or rebellion thereupon ensue yet they be felons by this statute Now whether the authors aboue named haue writen to that intent that commeth next to be discussed We ought not to bring newe sences vnto wordes but take that sence onely which the authour bringeth To take the wordes without the sence is to catch at the shadowe leaue the body Where wordes haue diuers sences some good and some ill by the rule of loue vnles●e vehement presumption doe force the contrary we ought to take the better leaue the worse especially in criminall and capitall causes Because the Gods of the earth I meane the Magistrates ought after the example of the God of heauen incline rather to mercie then iustice Which is the reason that by the lawe The interpretation most beneficiall for the defendant should bee accepted For it is better to spare the guiltie then take away the innocent because Bloud being spilt vpon the grounde like water can not bee gathered vp againe but a guilty person spared at one time may be requited at another Wherefore it is needeful that ●uidences in cases of bloud should haue Claritatem probationis in quadam excellentia A clearenes of proofe in an excellent brightnesse If there be no euidence of trueth to induce vs to interprete the woordes vrged by aduersaries to Reformatiō of anie rebellious intendement then it will appeare that the writers for Discipline bee not iustly dravven within this statute That which D. Bancroft alleadgeth of Martine threatning of fistes cannot in any equitie be drawen tor bellion In saying That D. Br●dges for writing against the Reformat woulde shortlie the haue twentie fistes about his eares more then his owne hee meaneth nothing else but that manie would exercise their handes in writing against D. Bridges vvhich hath prooued true Thus he explaneth him selfe in his seconde booke the wordes in our vsuall phrase importing such a matter To vnderstande this as if Martin did incite to insurrection or rebellion is altogither without reason Here is neither argument exhortation or denunciation that implieth any motion to rebellion Matin could not be so m●d as to imagine that such a light speach as this were sufficient to drawe men to seditiō especially such men as holde for an article of religion that it is altogither vnlawefull for any subiect to resist his lawefull Prince that holdeth of no creature but the God of heauen If Martin had beene an Acheist or Papist who by their religion may Rebell against lawfull soueraine Princes thē there might be some colour of this accusation especially if insteed of twenty fists Martin had saide twentie Halberds as the Bb. of Lōdon doeth comment vppon him Though twentie Halber de● much lesse twentie fistes coulde doe little to the raising of rebellion within Englande Doubtles Martin doeth abhorre such horrible purposes or if he cary any such minde hanging is too good for him Whereas Martin Senior speaketh of an hundred thousand handes and of striking his wordes bee carried as I am perswaded altogether from his sence and meaning In that place he exhorteth the Lords Gentlemen and people of England to become ioint-suiters by one supplication to her maiestie that in euery parishe there may be a preacher so neare as may be that vnlawfull callings may be remooued and Christes officers restored to the Church that there might bee a quiet meeting for the debating of the controuersies or that men might be suffered to sue the Prelates at the Kinges bench in cases where they abuse the subiectes against the lawes of ●●gland He addeth that there might be procured an hundred thousande handes to this supplication of knowen men in this lande all her Maiesties most loyall and trustie louing subiectes that these togither vvoulde strike a great stroke especiallie in so reasonable and iust a sute These are his words For opening of which I propounde this question whether any man doeth knowe the meaning of these wordes better then the authour himselfe which no man will affirme as I thinke Then looke further vppon the wordes that follow He falleth into a discourse of the Bishoppes English as he tearmeth it showing that they peruert by sinister exposition the ordinary proprietie of our English phrase vvhereof he giueth diuerse examples and at length commeth to this That if a man should aske the Bb. vvhat it were in their language to preferre such du●tiful
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