A petition directed to her most excellent Majesty, wherein is delivered 1 A mean how to compound the civil dissension in the church of England. 2 A proof that they who writ for Reformation, do not offend against the stat. of 23. Eliz. c. 2. and therefore till matters be compounded, deserve more favour. Open thy mouth for the dumb in the causes of the children appointed to death, PROV. 31. 8. I believed and therefore have I answered, For ZIONS sake I will not cease, and for JERUSALEM'S sake I will not hold my tongue, ESA. 62. 1. Hereunto is annexed: Some opinions of such as sue for Reformation: By which is made appear how unjustly they are slandered by the Bishops, etc. pag, 53. Together with the Authors Epistle to the Reader, pag. 58. Also: Certain Articles wherein is discovered the negligence of the Bishops, their officials, Favourers and Followers, in performance of sundry Ecclesiastical Statutes Laws and Ordinances Royal and Episcopal, published for the government of the Church of England, pag. 60. lastly: Certain Questions or Interrogatories drawn by a favourer of Reformation, which he desireth to be resolved by the Prelates, pag. 74. To the Queen's most excellent Majesty, Elizab. by the grace of God, Queen of England, France, and Ireland, supreme governess in all causes and over all persons within her majesties Realms and Dominions. Craving upon my knees pardon for my boldness, I beseech your most excellent majesty, to hear me a little. All your highness subjects that love the religion, honour your majesty, and desire the good of the Realm, do heartily bewail the bitter contention about the questions of reforming the Church. Many seek to increase this contention. Some labour to appease it: but this will never be till the truth in these matters be assured in the hearts of both parties. I do not now write either to pull down bishoprics, or erect presbyteries. With whom the truth is, I will not determine. For I know not. What seemeth most probable and true to me that I know. How truth should come to light, 〈…〉 that is the question. Writing of books in such manner as is now used, is endless: weariness to the flesh: matter of further contention, by reason of impertinent and personal discourses. The troubles of Churches, and enmity of Princes, will not admit a general Council. A free Nationall or Provincial Council at home, were much to be wished, so that the Bb. and their followers did not overrule the rest. For it is against religion, law and reason, that the same men should be both judges and parties. Or if this be not thought so convenient, There is a way devised and much commended by a 〈…〉 learned men, as a notable mean to compound controversies, namely private conferences by advised writing, 〈…〉 not extemporal speaking, the question agreed of. The arguments, th● answers, replies, and rejoinders set down, till both parties had fully said, all by-matters laid aside. In fine the whole to be published, that your majesty, the honourable councillors and Parliament may judge thereof, that those things which on either part are found faulty, may be redressed. That all things be not so clear with the Bb. 〈…〉 but that further conference, trial, and reformation is requisite, appeareth. 1 By the laws established, which expect a better and further reformation in Church-causes. 2 By the writings of our Divines in the common cause against the papists. 3 By the confession of the Bb. themselves, and such a● writ in their defence. 4 By their suspicious and doubtful handling of the matters in question. 5 By the testimony of learned men, and christian Churches who seem to speak against the government by Bb. and for the government by assisting Elders. 1 The laws expect a further reformation of the Church. Your majesties most noble Father understanding that the laws Ecclesiastical of this land were corrupt, provided by b 25. H. 8. ca 19 Parliament, that 32. persons should peruse and correct them: gathering into one book those that were good, which by his Royal assent should have the strength of law, ● E ●. ca 11. 〈…〉. all other Ecclesiastical laws to be abandoned out of this Church for ever. Master D. Cranmer and other reverend men were delegated to this purpose. 〈…〉 They collected into one c 〈…〉 book many good things (as they thought) touching d pag. 29. Aduouson of benefices, e pag. 80. Excommunication for small matters, f pag. 57 Residence of University men upon their benefices, g pag. 20. Marriages without consent of parents, h pag. 22. Nursing of children by their own mother, i pag. 27. Divorces for infirmity of body, k pag. 31. Pluralities, l pag. 43. Broken Music in Cathedral Churches, m pag. 47. Deacons, The solemnity of n pag. 81. Excommunication, and absolution with the assent of the people, and many other things which are directly contrary to the practice and orders of the modern Bishops. But this book wanteth the kings confirmation, and the laws Ecclesiastical remain in the same corruption as your majesties Father left them, notwithstanding the labours of those Reverend personages and the act of Parliament, which was o 1. Eli. 2. c. ●. revived and confirmed in the beginning of your highness most happy reign. 2 Also in the book of common prayer, 〈…〉 which was set p 5 & 6. 〈…〉 forth by your majesties brother, & q 1. Eliz. c. 2. accepted by your highness, there is prescribed a Commination to be used at a certain time in the year: not to continue ever, but till an order of Discipline practised in she primitive Church be restored, which were greatly to be wished, as the authors of that book do say. Yet this Commination standeth, and the Discipline there mentioned, is yet wanting. 3 The book of ordering Ministers r B●●ke of ordering Ministers. confirmed by law, 〈…〉 presumeth that every 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. ordain one Minister that can preach, they make twenty that can not. 4 ●astly, it is s 〈…〉 enacted, 〈…〉 That all ornaments of the Church and Ministers thereof (such as are Surples, Copes, etc.) shall be retained and be in use as was appointed by King Edward the 6. not for unchangeable continuance, but until other order were taken by your Majesty, and your highness Ecclesiastical Commissioners. 2 The Defenders of our common cause expect a further Reformation. Those things (in effect) be acknowledged by some of our chief defenders of religion against the papists. 〈…〉 For when they t 〈…〉 object That we are glad to borrow their ceremonies, & to have an apish imitation of their Mas●e book, u 〈…〉 answer is returned, That divers abuses in Ceremonies and Discipline were tolerated among us, our Church therein yielding to the infirmity of the weaker sort, which were to be altered, when people grew to riper knowledge. 3 The Defenders of the state of Bb. expect further Reformation. 1 All the Bishops in their x Ca●on. dis. pag ●0. Canons do confess, that Nonresidencie is a filthy thing, od●ous to men, & pernicious to the church, yet what is more common? 2 By the y 〈…〉 laws of England, in the ordination of Bb. The Bb s●ould aswell use pastoral staue●. the Archbishop should lay the Bible upon the Bishop's neck that is to be ordained, and put a pastoral staff into his hand. If the Archbishops did not esteem these as vain ceremonies, 〈…〉 they would urge them with as great vehemency upon Bb. as they do surplices upon ministers. 3 My L. of z 〈…〉 pag. 679. Canterb: in his book against Master Cartw. sayeth, That Chancellors who are not Ministers, should not excommunicate. 〈…〉 The authors of the a 〈…〉 Remonstrance, and b Disputat. Mat. 〈◊〉. pag. 83. Matthew S●tcliffes books, defenders of the Hierarchy by writing think it a most unmeet thing, that such as be no ministers of the word, should meddle with the keys of the Church, yet the contrary is daily used. 4 The Bishop of London c Admoni ag. 〈…〉 pag. 53 1. eds. confesseth, That he made his Porter minister, 〈…〉 and the other Bb. do acknowledge, d Ibid pa. 99 That many lewd and unlearned ministers have been made of late in England, which they will not seem to defend. Besides they say, Ibi pa. 139. We have yet but a tolerable manner of reformation: all which do evince a further reformation. 5 D. Cousins, one of the high Commissioners writeth, f 〈…〉 That the punishment of Adultery is to mild. Punishment of Adultery. 6 A learned man and friend of the Bb. g 〈…〉 noteth as abuses, Their urging of Subscription, 〈…〉 Their oath ex officio, Their excommunication for trifles, and easy silencing of ministers. 4 The suspicious and doubtful handling of the controversed matters, employeth some need of reformation and conference. 1 My L. of Cant. speaking of the main controversy touching government By Seni. 〈…〉 or Elders, sayeth, h 〈…〉 That he knoweth that the primitive Church had in every Church certain Seniors, to whom the government of the Congregation was committed. In a book against the Marprelate subscribed (as I have heard) by the Archb. of Cant. the Bb. of Winch. Linc. & London, it is affirmed, that the government by Elders was used under the i 〈…〉 Law, and k Ibid p. 135. practised under the Gospel by the Apostles, though not fit for our times. But repenting this plain confession, they have caused certain words importing the contrary, to be printed upon a shred of paper, which paper was pasted in all the books of the first impression, to cover & conceal their former assertion. 2 The Remonstrance coming after, holdeth, there was never any government by Elders in the Church, but yieldeth, that if the l 〈◊〉. pag. 166. Eldership begun in the Law and continued in the Gospel, that then it should stand to the worlds end. For somuch m pag. 9 as is prescribed in the new law, no prescription ought to be made against it. Upon which cross assertions laid one upon another, the adverse party may press out the conclusion of all the controversy. If the Eldership begun in the Law, 〈…〉. and continued in the Gospel, than no prescription may be made against it, but it should stand for ever. So saith the Remonst. But the Eldership begun in the Law and continued in the Gospel. So say the Bb. Therefore no prescription may be made against the Eldership, but it should stand for ever. 3 But one Matthew Sutcliffe coming after these, 〈…〉 controlleth both: for he protesteth there was n 〈…〉 never any government by Elders under the Gospel, or if there were, yet the o 〈…〉 government used by the Apost, is changeable, not of necessity to be continued. Not content herein to make the rent of our Church deeper than ever it was, he hath openly in latin defaced foreign Churches (of whom D. Whitgift and other have always written honourably) that we might not only be at war within ourselves, 〈…〉 but with strangers also. Whereby it is likely there will arise as dangerous trouble to the Churches about Discipline, as hath grown by the question of Consubstantiation, to the great offence of the common adversary, and general disquiet of all Christendom. Touching the state of Bb. 〈…〉 divers who now most eagerly defend▪ when they were nearest to God, that is, in misery & anguish of soul, did speak against it: but afterward inclining to the world, with their conditions they altered their opinions. 1 Master Elmar, now Bishop of London, 〈…〉 writeth thus, 〈…〉 Christ sayeth Luc. 1. 2. Who made me a judge between you? As though he would say, It belongeth not to my office to determine matters of policy and inheritance, that belongeth to the civil Magistrate. If he had thought it had been within the compass of his function, why and with what conscience refused be to set them at one, who were at strife, and to put that out of doubt, which was in suit? If he might do it and would not, he lacked charity and did not his duty. If it belonged not to him, how belonged it to any of his Disciples or successors? Had not be as large a commission as he gave? Or could be give that he had not? But he knowing his office as the Prophet Esay had foretold, to preach the 〈◊〉, and would do nothing without warrant. And therefore being asked if he were a King, answered si●plie and by a plain negative, My ki●gdome is not of this world. If his kingdom were not here, neither the ordering of policies, etc. Yea when they would have taken him up to have made him a King, as one that refused that belonged not to him, he conveyed himself from among them. If Imperial jurisdiction belonged to him, why refused he his calling? If it did not, where had Paul or any other, any authority to meddle with that which he refused? Seeing he sayeth: As my Father sent me, so send I you. In another place, Christ knowing the bonds of his calling, would not meddle with extern policy, etc. Divines methinks by this example should not give themselves too much the bridle, and too large a scope to meddle too far with matters of policy. 〈…〉 If these two offices, I mean ecclesiastical and civil be so ●umbled in both functions, there can be no quiet or well ordered common wealth. And again, Princes of the Nations do hear rule like Lords, it shall not be so with you. It falleth not into an Apostles or Churchman's office to meddle with such matters. For none going to war, entangleth himself with the affairs of this life: it is enough for them to wait upon one office, to attend as sole priests, not as errant Baylliffeses. And elsewhere: Come off ye Bishops, away with your superfluities, yield up your thousands, be content with hundreds, as they be in other reformed Churches, 〈…〉 where there be as great learned men as you are. Let your portion be priestlike and not Princelike. Let the Queen have the rest of your temporalities, to maintain wars, and to build schools throughout the Realm, that every parish Church may have his Preacher, every City her superintendant to live not pompeouslie. Which will never be, 〈…〉 unless your lands be dispersed and bestowed upon many, which now feed and fat but one. Remember that Ab●nelech, when David in his banishment would have dined with him kept such hospitality, 1. Sam. 21. that he had no bread to give him, but the Shewbread. Where was all his superfluity to keep your pretended hospitality? For that is the cause that you allege you must have thousands, 〈…〉 as though you were commanded to keep hospitality rather with a thousand, then with an hundred. This book was written in defence of the lawful regiment of women, but now the author laboureth to suppress this book, tendering more the state of the ●b. than the Queen's Crown. 2 Master Bullingham before he was Bishop, 〈…〉. being arrived at Embden, after many storms, wrote unto a godly man in this manner: Would God, Master Bull, that all the Prelates in England had been with me when we fell to cutting off Cables, reading at anchor in the raging seas, There would have been tearing of square caps, renting of Rochets, defying of B●shoprickes, despising of pomp, promising a new life, crying for mercy. O what a tragedy would there have been! Well, well, though now they walk dr●e shoode in their palaces, there is a God that will try them and all his people by fire or by water, unless we heartily repent. Grace to repent▪ grant us, O Lord, without dela●e, Amen, Amen. 3 D. Bridges before he entangled himself with the disciplinary controversies, D. Bridges 〈…〉. writing against the papists, useth these words: p 〈…〉 Christ hath put such a bar between Bb. and Princes, that his spiritual Bb. cannot have earthly kingdoms. And again, where the papists held that the Pope was not properly but unproperly a●● orde: to take away this, he addeth: Christ simply debarreth all his spiritual Ministers from ruling of temporal kingdoms. Christ hath both properly and unproperly debarred them. Vos autem non sic, You shall not do so. These words strike dead Master Sanders. Further, whereas the papists account Aerius and all Protestants heretics, D▪ Bridges 〈…〉 because they hold that by God's book A Bishop and a Priest are all one, q Of the Princ. Supre: pag 359. D. Bridges doth therein justify Aerius and the Protestants out of Hierome, Peter Lambarde, Durand, and the Institution of Collen. But sithence that time, writing in defence of Bishops, he maintaineth their r Defence of government pag. ●48. etc. Lordship, and s abide▪ pag. 281. 372. accounteth his brethren Aerian heretics. This doubling by such as defend the Hierachie, must needs cast great doubts in the hearts of all men. 5 Testimonies of learned men, imply some further Reformation. These followers of Reformation give greater colour to their cause by the testimony of ancient and late writers, whom they pretend to speak against the manner of our government by Bishops, and for the government of their Elders. 1 Against the authority and practice of our Bb. 〈…〉 they allege the t 〈…〉 Canons of the Apostles, the Counsels of 〈…〉 Carth●ge, x 〈…〉 Calcedone, y 〈…〉 Constans, z 〈…〉 Turon and a 〈…〉 Macra, the testimony of b 〈…〉 Cyprian, c 〈…〉 Tertullian, d 〈…〉 Augustine, e 〈…〉 Hierome, f 〈…〉 Ambrose, g 〈…〉 Chrysostome, h 〈…〉 Gregory, i 〈…〉 Hilary, k 〈…〉 Synesius, l 〈…〉 Nazianzene, m 〈…〉 Origene, and n 〈…〉 Bernard. 2 Touching late o 〈…〉 reform Churches, 〈…〉 they maintain, that there is no protestant Church in all Hungary, Poleland, Denmark, Friselande, Swevel●nd, Helvetia, Saxony, Auspurg, of in any part of Germany in France, scotlan, the low Countries, or in any nation truly professing the Gospel in all the world, that doth either by their doctrine or practice, attribute so much authority, civil and ecclesiastical in sole excommunication and ordination of Priests, as is now used and challenged by English Bishops. 3 Among late writers they draw 〈…〉 to this purpose p 〈…〉 Luther, q 〈…〉 Melanc●●●on, r 〈…〉 Bucer, s 〈…〉 Martyr, t 〈…〉 Calu●●, 〈…〉 Beza, 〈…〉 Bullinger, 〈…〉 Zanchius, y 〈…〉 Daneus, a 〈…〉 Erastus, b 〈…〉 Gualther, c 〈…〉 Munster, and many other. 4 Lastly, out of our own English Writers they fetch matter against the Bb. 1 Harding would prove by the example of Moses, who exercised both a Priests and Prince's office, that the Pope may use ecclesiastical and civil authority. 〈…〉 Master d 〈…〉 jewel answereth thus▪ Christ himself sayeth to the Pope and to all other Priests and Bb▪ The kings of the nations rule over them, and they that are great exercise authority over the people, but it shall not b●e so among you. He addeth the saying of e 〈…〉 Cyprian, Christ by several duties and distinct honours, both set a difference between the offices of both powers. Also he urgeth an effectual speech of f 〈…〉 Bernard to the Pope, That he cannot be both a successor of the Apostles and a Lord. For doubtless he was forbidden the one of them, Yet our Bb. be both. 2 Mai. Nowell Deane of Paul's saith, g 〈…〉 that Christ refused pomp, 〈…〉 riches and dominions, when the Devil offered them. He denied his kingdom to be of this world, and forbade his true Disciples the possession of such riches▪ and worldelie dominions, as the Pope now climbeth. In another place, h Ibid pa. 4●. Christ forbade his Ministers all Dominion and worldly government, Mat. 20. And again, i Ibid. pag. 57 S. Peter forbiddeth Ministers to exercise Dominion or Lordship over their flocks. 3 D. Bilson Warden of Winch. 〈…〉 hath thus written: k 〈…〉 Christ expressly forbiddeth his Apostles to be rulers of Nations. The Kings of the nations rule over their people, etc. with you it shall not be so. In which words Christ doth not traduce the power of Princes as unjust, but distinguisheth the calling of the Apostles from the manner of regiment which God hath allowed the Magistrate. Christ saith not, Princes are tyrants, you shall deal more courteously, but he saith, Princes be Rulers by God's ordinance, you shall not be so, etc. Then he proveth, that Katakyrievein is not meant of Tyrannical, but of Rule with authority, and shutteth up his argument in this sort: Therefore the conclusion is inevitable, That Princes may lawfully compel and punish their subjects, bu● Bishops may not. This manner of reasoning against the papists hath incensed men vehemently against L. Bb. If these reasons be not good, Master jewel, Master Nowell, and D. Bilson have much to answer. 5 On the other side, these who●e pursuers of Reformation have had great inducementes to enforce the ●Idership. 1 That there was a government by Elders assisting the ministery in the primitive Church, 〈…〉 is collected obscurely out of a 〈…〉 Ignatius, b 〈…〉 Tertullian, c 〈…〉 Cyprian, d 〈…〉 Augustine. More clearly out of e 〈…〉 Ambrose, f 〈…〉 Hierome, g 〈…〉 Possidonius, h 〈…〉 Socrates, and the i 〈…〉 Canon law. 2 The Divines of later time (almost) generally do gather the Eldership out of the Script▪ namely, h 〈…〉 Zuinglius, 〈…〉 Martyr, m 〈…〉 Aretius, n 〈…〉 Calu●●, o 〈…〉 Illiricus, p 〈…〉 Heming●●s, q 〈…〉 Hiperius, r 〈…〉 junius, s 〈…〉 Bucer, t 〈…〉 Beza, u 〈…〉 Piscator, w 〈…〉 Olevian, x 〈…〉 Bulli●ger▪ y 〈…〉 Szegedinus, 〈…〉 Musculus, a 〈…〉 Heshusius, b 〈…〉 Robert Stephen, c 〈…〉 Daneus, an d 〈…〉 Italian, e 〈…〉 Bertrand de L●ques, f 〈…〉 Bastingius, g 〈…〉 Morneus, h 〈…〉 Saddle, i 〈…〉 Nowell, k 〈…〉 Fulk, l 〈…〉 whitaker's, m 〈…〉 Snecanus, n 〈…〉 V●sinus, and m Table of all. Trelca●ius. Lastly the Churches in the low n 〈…〉 Countries, o 〈…〉 France, p 〈…〉 ●eluetia, and q 〈…〉 scotlan do consent herein. 3 That the same government by Elders should continue under the Christian magistrates, 〈…〉 is agreed by r 〈…〉 john Alasco, V●enhouius, Micro●●us, 〈…〉 Zuinglius, Oecolampidius, Zuichius, Capito, Miconius, Farell, Viret, t 〈…〉 Melancthon, u 〈…〉 Bucer, w 〈…〉 Caluin, x 〈…〉 Martyr, y 〈…〉 junius, z 〈…〉 Beza, a 〈…〉 Zanchius, b 〈…〉 Daneus, c 〈…〉 Vrsin●●s, d 〈…〉 Bullinger, e 〈…〉 Stephen, f 〈…〉 Caluetus, Collodanius, Tremulius, Pinaldus, Tavergius, Perottus, Chaussaeus, Bertrandus, Carpenterius, De Plu●re, Perilius, Henricus S●rranus, Cal●●s, Po●●●us, G●lartius, jacomotus, Dupleus, g 〈…〉 Szegedinus, h 〈…〉 H●sh●sius, i 〈…〉 De Loques, k 〈…〉 Bastinguius, l 〈…〉 Pollanus, m 〈…〉 Snecanus, n 〈…〉 Fulke, o 〈…〉 Rainolds, and others most rare politics of this time, especially p 〈…〉 Euseb. Cosmopolitan▪ and Bodin, Bodin having discoursed upon the rising, falling, conversion, and translation of the principal Empires, Kingdoms, states and common wealths in the world, at length descendeth to the st●te of Geneva, & giveth a very honourable testimony of the great profit a●●sing by the Discipline and Eldership to that common wealth▪ ●is words be these: q 〈…〉 But this is to be commended in Geneva, If there be any thing in the world worthy commendation, 〈…〉 wh●ch also maketh the common wealth to flower she though not in riches and largeness of dominion, yes surely in virtue and Godliness. I mean the Discipline of the Ministers (or Elders) which is as excellent and heavenly a way as can be devised to repress the faults of men, and such enormities as can not be redressed by any human Laws and judgements. 〈…〉 Y●t this censure is according to the rule by Christ prescribed. Namely, at the first secretly and friendly, afterward somewhat more roundelie and sharply. Then if the party do not relent, he is interdicted solemnly and seriously from the participation of the heavenly mysteries. If this doth no good, than the Magistrate punisheth. Whereupon it falleth out that such things as are not punishable any where by Law, are without any stir or tumult reform there by those Censors (or Elders) who be greatly reverenced among the people, 〈…〉 by reason of their virtue. Therefore it is, that no whores, no drunkards, no di●ncing, no begging, no idle persons are to be found in that city. The more popish and corrupt that this Bodin is, the more available and less partial is his testimony in this matter. I would to God we might see the like effect in any City or Town in England, wrought by the government of ●. Bb. 4 〈…〉 This government by Elders is commended to be used in all Churches for ever by the Churches in r 〈…〉 France, the s 〈…〉 Low Countries, in t 〈…〉 Heluet●a, in their latter confession where●unto 〈…〉 subscribed the Churches of Tigure, Be●ne, Scaphusia, Saint Galls, Rhetia, Milan, Bienna, Geneva, Savoy, Polonia, Hungary and scotlan. Wherein be thousands and ten thousands of the most excellent Divines upon earth. 5 Lastly, 〈…〉 this government by Elders soyned to the ministers, hath been used (as I have heard reported) under the Emperor in Bohemia, the Turk, and Bassas in Hungary, the Papists in France, the Protestant magistrates in Scotland, Saxony, County Palatine of Rhine, Helvetia, Savoy, France, The low Countries, scotlan, and many places in Germany. Though some Churches and learned men do not like of excommunication (in which matter they condemn our state) yet I protest in the presence of ●●mighty God, that in all the course of my study, touching these controversies, 〈…〉 I have not (to my remembrance) found, read, or heard of any protestant Church, or learned man in the world, who misliketh that certain Elders, or grave personages should jointly govern the Church with the ministers, but only we of England. Wherein we at unwares do impeach the Parliament and her majesty of indiscretion, which have thought most meet to give the chief managing of the Church not into the hands of one Bishop, but of many ecclesiastical Commissioners, whereof some be ministers, 〈…〉 and some lay men, therein resembling an ecclesiastical Eldership. The Bishops wish that the ecclesiastical Commission 〈…〉 were more common. And I think if it were settled in 500 places more than it is, and should govern by the word of God and laws of this Realm, that there would arise more profit thereby to Religion, than yet hath been found by the Bb. To draw towards a conclusion of this matter, It may be that they who have attained to as sound knowledge in all points of doctrine as any since the Apostles time, 〈…〉 should mistake in Discipline. It may be that they whom the spirit of wisdom hath guided in expounding the scriptures should be always forsaken of that spirit, when they came to expound or speak o● a text concerning discipline. It may be that all these lights of the world which a●owe there was a government by Elders in the primitive and best Church did and do grope in darkness, and that the authors of the Remonstrance and Matthew Sutcliffes' treatises have found out the truth, but until they have approved themselves as profitable to the Church as the former writers have done, men (not partial) will still make scruples in these matters. Again, 〈…〉 it may be that the exercise of this government is a matter of confusion, discord, dishonour to the magistrate, puritanism, rebellion, a m●●prince, a ●arlawe, a marst●te, and mar-all, but it is unlikely that it should be admitted under so many Princes Christi●n● and infidels, papists and protestants, and commended by such peerless Divines if it deserved any such taxation. It is from my purpose in this place to dispute which government is better or worse, or whether these authorities and testimonies (which I call God to witness, I take to be according to the allegation be agreeable to the truth or otherwise: only I trust I have sufficiently proved mine intention, namely, that, Seeing the laws established expect a further and better reformation, Seeing the writings of our Divines in the common cause against the Papists, Seeing the confession of the Bishops & their favourers, Seeing their doubtful & suspicious handling of these controversies, and Seeing the testimonies of councils, Fathers, late writers, and Churches imply so much. I conclude, that things go not so clear for the Bb. but that further reformation, conference, or trial is expedient. Till which Reformation, 〈…〉 trial and conference be achieved, all that be not blind in effection do wi●●e that these followers of Reformation may receive more courteous usage then yet appeareth. For (most gracious Soverance▪ they be your majesties subjects aswell as the Bb. They be professors of your own religion aswell as the Bb. They be ●mbas●adors of Christ jesus aswell (if not more in regard of their painfulness) than the Bishops. If you will not hear them▪ whom can they fly unto? If you will not pity their manifold miseries and molestations, than they are destitute of human comfort. They deserve favour. They have brought many to the knowledge of God, who otherwise should have remained captives under Satan and traitors to your Highness. They are unreprovable before all men, sa●e in this question of Reformation. Wherein if they offend (as it may be they do, for the best men be liable to error:) surely it is to be thought they fall of ignorance. 1 The writings of the Bb. themselves. 2 The disputations of our Divines against the papists▪ published and printed by authority. 〈…〉 3 The testimony of the principal Divines in Europe. 4 The untoward ruling of the Bb. 5 And the apparent utility by governing Elders, do lie as offensive stumbling blocks in their way. To the end that these men may have more merciful acceptation, and may not be subject and lie open to the bloody desires of their adversaries, whereof (no doubt) some be hollow hearted papists, and some without God in this world, who neither regard Religion, Prince, Bishop or Country, but with their own ease and advantage, I have (under the favour of better judgement) taken in hand to plead, not for any lands or tenements, but for the lives of your majesties most loyal subjects and Gods faithful servants (for God may have great interest in them, though they err in Discipline) whom some do draw within the statute of News, because they do write for Reformation. The words of the statute Be these: If any shall advisedly and with a malicious intent devise, 〈…〉 write, etc. any manner of book, writing, etc. containing false, seditious, and slanderous matter to the diffamation of the Queen's Majesty (that now is) or to the encouraging, stirring, or moving of rebellion, or insurrection within this Realm, he shall suffer and forfeit as a fel●n. From this law it is thus reasoned. Whosoever writ books to the diffamation of her Majesty, and to raise rebellion, do offend against this Statute, and are felons. They that writ for Reformation, make books to diffame the Queen, and raise rebellion. Therefore the writers for Reformation offend against this statute, and are felons. They prove the first part of the Minor in this m●ner: They that diffame the Bb. who be members of h●r majesties body politic, and upheld by her laws, do diffame the Queen. They that writ for Reformation diffame the Bb. etc. Touching the second point in the Minor, the followers of the Bishops would prove that the seekers of Reformation do write to stir and move Rebellion. First by argument drawn from the general scope of their writings. Secondly, by particular supposed mutinous and rebellius sentences scattered in the books written in defence of Reformation. Their general argument is to this effect: They that writ to work discontentment in the minds of the subjects against the government received, 〈…〉 do write to move a rebellion. For Discontentment is the mother of Rebellion. The Seek of Reformation writ to work a discontentment in the minds of the subjects against the government received: Therefore they writ to move a Rebellion. The supposed mutinous speeches which they gather out of the books which speak for Reformation, are these: D. Banc. a Sir pag. 83. sayeth, that Martin threateneth Fists. Others object a place in Martin Senior, b 〈…〉 where he mentioneth a hundred thousand hands, and saith, That these so many together, would str●ke a great stroke. D. 〈…〉 Cousins citeth one Fran. junius, pag. 28. who holdeth, That people may resist the Princes that hinder the Presbyteries. And that in the second Admonition, pag. 29. it is said, That many thousands in England desire that platform, and that great troubles will come of it, if they be withstood in their devices, etc. If I were persuaded that any seeker of Reformation did intend either to diffame her Majesty, or to raise rebellion, I am so far from approving his fact or writing in his defence, that I adjudge him rather to be punished as a traitor then a fellow. But because I assure myself that they be guiltless of these crimes, in tender regard of innocency, and of her majesties most godly laws, which ought not to be perverted, I have at tempted to answer the quarrels of their adversaries in this behalf: Saluo semper meliore judicio: Which clause I will have to run and reach from the beginning to the midsts, from the midsts to the end● of all this treatise. For answer to the first point in the argument, I do make good that Admit the Seek of Reformation do diffame the Bb. who be members of her majesties body politic and upheld by her laws, yet they do not diffame the Queen, as this statute intendeth. In my understanding, there be two general Bodies politic in this land. 〈…〉 The one, the Body politic of the Realm, the other, The Body politic of her Majesty. The body politic of the Realm, is, All the people in the common wealth, contracted and distinguished into the Three states of the Parliament. The first is the c 〈…〉 Queen's Majesty, The second, The Lords, The third The Commons. The Bb. be not one of the Three states, though d 〈…〉 Matthew Sutcliffe The Bb. be not one of the thre● states. should affirm it twenty times, unless he will turn out either the Queen, the Lords, or the Commons, and assign their place to the Bishops. Although the Bb. since the time e 〈…〉 of H. 11. 〈…〉 Have been present in the King's Courts, with other Barons, till the matter came to the loss of limb or life (for at such time by the f 〈…〉 laws they are to avoid the place) And although they are de facto entitled as Authors of our Statutes, yet I hold that this is only of grace and favour, and de iure or by necessary right. For our Princes (as was convenient) at the assembly of their parliaments have used to call the Bb. so long as they were taken for godly and learned, into their consultations that did concern the state of the Church: but yet they have not so enthralled themselves to the advise and assent of Bb. as if no statute might be of force without them (as the g 〈…〉 Bishops do now to boldly insinuate.) For many laws have been made and do yet stand in force, the Bb. being absent, or utterly refusing to assent unto them, 〈…〉 as is expressly proved and showed out of the statutes and Parliament rolls by Master h 〈…〉 jewel, Master i Dorm. Rep. pag. 〈◊〉. N●well, Master k Act. and M●n pag ●21. Fox, Master l 〈…〉 Bilson, and Master m 〈…〉 Lambert, a learned lawyer of Lincoln's Inn. Wherefore seeing the Bb. according to their dignities be none of the three states of the Parliament, or of the Body politic of the Realm, (no otherwise then common subjects be, in which respect they are not defamed) it can not be taken that in this sense they be members of her majesties Body politic, and therefore the diffaming of them doth no more touch the Queen, than the diffamation of a common subject, whic● fault is otherwise prevented then by the punishment due to felons. The general● body politic of her Majesty, is, as I conceive, all the Officers and Magistrates of this land, who derive all their authority either mediatelie or immediately from the Queen. In which regard the Bb. be members of her body politic, drawing from her Highness their civil authority and lordship. For their ecclesiastical authority hath been a D With pag. 309. 〈…〉 heretofore deduced from her Majesty: but I see that of b 〈…〉 late they begin to claim it from God as the Queen doth her Crown. But howsoever the Bishops claim their worldly state or spiritual primacy, the Seek▪ of Reformation do maintain, that their jurisdiction is contrary to the word of God. Not condemning external honour (which is good and godly in itself but misliking that it should be accepted by such persons as are disabled and made uncapable there of by the Scripture. Thus much for better understanding of this question. To proceed. 1 There must divers things concur to make books felonious by this statute. First, they must be written Advisedly against the Queen, that is, of purpose, wittingly, not of simplicity or ignorance. Ignorantia fact● excusat: Ignorance of the fact excuseth the fault. And therefore as the Prell▪ dealt mi●●iouslie with c 〈…〉 Richard Carmicheill in Scotland, in compelling him to burn his bill because in his dream he did cry out, The Devil take away the Priests, for they are a greedy pack▪ so if any man in his sleep or at unwares shall cast forth defamatory words against the Queen, he is not within this statute. Secondly, the book must be written of malicious intent, and as the preamble of the statute is, by one ill affected to her Majesty, and therefore if a man use such a speech as Burder the Merchant did, when he said, He would make his son the heir of the crown, meaning his house at the sign of the Crown, not intending any hurt to the King or Crown of England, he could not without great injustice be drawn within this or the like statute. thirdly, the words must contain false and seditious matter, & therefore if a man should have said, that the King William Rufus did wickedly, who to ge●t money of the jews, caused some converted to Christianity, to return to judaisme (the fact being true and words not seditious) he could not justly be punished by this or any like statute. The Seekers of Reformation h●ue not, The Seekers of 〈…〉 neither do write Advisedly to diffame the Queen▪ for they name not her Majesty to any dishonour in any of their books. If the contrary can be proved, Currat lex: let the offender be punished as he deserveth. They only seek to have (as they think) the corruption of the t●●e redressed, as ●he Prophets & the holy men of God have done heretofore, without ●●tending any dishonour to good Princes, such as her Majesties. The Seek of Reformation write against ignorant and unlearned ministers: so the Prophet Esa●e living under the godly king, did call the priests that wanted knowledge. a Esa. ●6. 10. Dumb dogs, such as can not bark. Unpreaching ministers. The Seekers of Reformation write against such as be careless and negligent in feeding the souls that depend upon them▪ that take the fleece & turn over the care of the flock to other: so Esa●e reproveth the priests of his time b Esai. 56. 10. That lie and sleep, and delight in sleeping. 〈…〉 priests. And another Prophet taxeth them that did not c 〈◊〉. 44. 8. Keep the ordinances of holy things themselves, but set other to take charge of the sanctuary. The Seekers of Reformation do cry out against plurified persons, 〈…〉 that can not be content with a competent living, but insatiablie by dispensations and qualifications do join benefice to benefice, and charge to charge, rather to enrich themselves then benefit the Church: against such men did Esaie complain, calling them d Esa. 56. 11. Greedy dogs, that can never have enough: every one of them looking to his own way and to his own advantage. 〈…〉 The Seekers of Reformation write against the civil authority and rule of Ministers: So jeremy in the days of josiah, a virtuous Prince condemned Priests, e 〈…〉 For bearing rule. 〈…〉 The Seekers of Reformation writ to have the Church thoroughly purged of all remnants of popery & idolatry: So the spirit of God did note as a fault even under most excellent Kings, f 1 King. 15. 14 That the h●e places remained unremoved. 〈…〉 All these and many other witnesses of the truth did speak and write against the state of the Church in judah, and were not (I trust) advised de●famers of the Princes under whom these corruptions had gotten strength. In like manner the writings of the Seek▪ of Reformation, against such things as they verily believe to be enormous corruptions, can not justly be deemed, advisedly and of purpose diffama●orie to her Highness. When persecution was most furious in England, they that wrote most vehemently against the Bishops & their proceed, contenanced by law, were never accounted advised diffamers of the Prince: for than they should have been reputed and punished as traitors or rebels, r●ther than as schismatics and heretics. Neither hath their been in all the thirty years of her majesties most flourishing reign (till within 2. or 3. years last part) any such conclusion ever made, though the same laws (in substance) have been in force and occasion given of great extremity. I am persuaded that upon hearing the matter debated by learned I awiers on the part of the defendants (as g 〈…〉 law and reason would, 〈…〉 in this matter of difficulty that toucheth life) that our reverend judges would at the first make a quaere, whether the advised di●●amation of the Bb. were an advised diffamation of the Queen. Therefore it may well come under the title of News, that the Seekers of Reformation should resolve in a point of law wherein the best lawyers may stand in doubt. ●f my father were a ●▪ Bishop or a Nonresident, and ● would write against the state of the Bb. or Nonresidence, to make men conformable to the law of God, it were adsurde to affirm that I did write of purpose and advisedly to diffame my Father. So in our case mutatis mutandis, The Seekers of 〈…〉 etc. Neither do the Seekers of Reformat▪ writ against the jurisdiction of Bb. of any hatred, or Malice to the Queen. For whosoever were King or Queen of England (though it were David himself) they would write to the same effect▪ that they do now. It is not like that they malice her Majesty: for (saving the matters in variance) no man can charge them with any show of disloyal behaviour. They are instant for her Majesty in prayer, both public and private. They detract no duty, no imposition, no tax or subsidy, as becometh dutiful and loving subiests. It was never heard that any one no not one of them, did ever attempt any hurt to her Royal person Search the Rolls, look the Records, it will appear that some o● them (whom England while England endureth, shall still with thankfulness remember) have hazarded themselves as much for her majesties safety and England's good, as any subject what soever. When the Spaniards intended an invasion, the establishment of a foreign potentate in the Sea Royal, and the conversion of this land into A●eldama, a field of blood, the Ministers that seek Reformation gave great assurance of their affection and loyalty to the Queen's majesty and the seat, They were importunate with the Lord by private and public prayer & fasting for the safety of her Royal person, before the Bishops or their followers were seen to go about any such matter. And being▪ interdicted by the Bishops (such was their zeal to the state) they still continued as they had begun: some of them (weak in body, though strong in spirit) preaching three or four times a day, many days together, as London can witnes●e: encouraging the people to fight for the Gospel and for their sovereign: still calling for repentance, that God might be merciful to us, our Prince and Country. Also when the expedition was made into Portugal, they renewed these exercises a fortnight or 3. weeks before the Bishops sent to their favourers any precepts or instructions to do the like. Is it likely that these men do malice her Majesty? Surely they malice her as Esay, jeremy, & other prophets did malice Ezechiah, josiah, and other godly Kings of judah, when they reproved the abuses of the Church under them, seeking that they might flourish in all honour by the due observation of the law of God, adding virtue to virtue, and reformation to reformations, till judah and jerusalem were clearly purged. Is this malice to Princes? No. They that hide from 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, Colour of can●●● 〈…〉 may pretend cause or colour of cause both in matters of doctrine & fact, why they may hate the Bishops, which in no sort may be applied to her Majesty. The Bishops d 〈…〉 impugn that which heretofore they have delivered as the truth of God, 〈…〉 as I have showed, e Admoni●. aga M. M. 183. They confess there be infinite corruptions in the Church, which yet they will not reform, nor s●ffer other to sue for amendment or reformation thereof. They confess that by God's word a f D 〈…〉 Priest and Bishop are all one, A Priest and Bish by Gods 〈…〉. yet g 〈…〉 pag. 281. 〈…〉 pag 18. Admonit. agai. M. M. pag. 44, they and their followers make it heresy so to believe, building upon Epiphanius, who also erroneously in the h Cont. Haeres. lib. 3. 〈…〉. 75. same place calleth the Bishops, and all them heretics, that deny prayer for the dead. Which determination of heresy upon one man's word, as it is i 〈…〉 pag. 668. 748. 〈◊〉 Whi●ak Con. Du●. pag. 447. 〈…〉 Tim. 5. Harding Def. 〈◊〉 pag. 2●0. Sta●leton, Bridg. of Princ. Supr. pag. 359. 〈…〉, against the laws of this Realm, so it wrappeth in heresy both the k In 1. Tim 3. 2. 1. Tim. 5. 17. 1. Tim 3. 1. Syriake Interpreter, What the law 〈…〉 See the stat●●. who useth one word Kashisha, both for Priest and Bishop. And also l 〈…〉 Chrysostome, m 〈…〉 Ambrose, n 〈…〉 Theodore●e, 〈…〉 o 〈…〉 Hierome, p 〈…〉 Occumenius, q 〈…〉 I●idore, r 〈…〉 The Canon Law, (in s 〈…〉 force in England) which sayeth, That the primiti●e Church had no other sacred orders, but Deaconship and Priesthood. Also, Wicklef, t 〈…〉 Marsil●●s of Pad●a, 〈…〉 Luther, w 〈…〉 Caluin, x 〈…〉 Musculus, y 〈…〉 Hoffman, 〈…〉 z 〈…〉 Sadel, a 〈…〉 Mornce, b 〈…〉 Marlorate, c 〈…〉 〈◊〉, d 〈…〉 whitaker's, e 〈…〉 Fulke, f 〈…〉 jewel, g 〈…〉 Bullinger, h 〈…〉 The Waldenses, i 〈…〉 Alley B●shop of Excester, k 〈…〉 Lambert, l 〈…〉 Beza, m 〈…〉 Daneus, The n 〈…〉 Magdeburgenses, o 〈…〉 Knitsius, p 〈…〉 Mela●●thon, q 〈…〉 Szegedinus, Many Christian r 〈…〉 Churches, and all Protestants that have written of this matter, who teach expressly, that by the truth of God's word 〈…〉 Bishops and Priests be all one and of like authority, & therefore are condemned by s 〈…〉 Bellarmine, t 〈…〉 Turrian, 〈…〉 Dure●, w 〈…〉 Spence, x 〈…〉 Harding, The y 〈…〉 Rhemistes, z 〈…〉 Stapleton, a 〈…〉 Sanders, b 〈…〉 Bristol▪ and other papists, to be Aertan heretics: even as the ●b. do account (for the same cause) all the maintemers of Reformation. The c 〈…〉 enemies to Reformation do esteem it an absurd and monstrous thing to hold, That a Pastor and Teacher differ in office, Pastor and Teacher 〈…〉 though the d 〈…〉 Syriake interpreter do distinguish them aswell as Apostle and Euange●ist, with deragnavath● with demalphane, which Guido translateth Ephes. 4. 11. Some Pastors, and some Teachers. And although e 〈…〉 Musculus f 〈…〉 H●perius, g 〈…〉 Caluin, h 〈…〉 Martyr, i 〈…〉 Kem●t●●s, k 〈…〉 Bez●, l 〈…〉 Sadeel, m 〈…〉 Dan●us, n 〈…〉 Szegedinus, o 〈…〉 Hemingius, p 〈…〉 Bucer, q 〈…〉 Bertrand de Loques, r 〈…〉 Villiers, s 〈…〉 junius, and t●n protestant Churches, (as Master t 〈…〉 Rogers confesseth) do account of them as distinct callings. The Bishops do affirm, that by the u 〈…〉 common exposition of all writers Christ by katakyrieu●in Matth. 20. 25. doth only prohibit in the ministery tyrannical, 〈…〉 not lawful Lordly rule, yet of all these writers they can only name threc or four, whereas the Seekers of Reformation may produce w 〈…〉 Luther, 〈…〉 x 〈…〉 Zuingl●us, y 〈…〉 Melancton, z 〈…〉 Caluin, a 〈…〉 Bullinger, b 〈…〉 Hemingius, c 〈…〉 Illiricus, d 〈…〉 Gualther, e 〈…〉 Nowell, f 〈…〉 jewel, g 〈…〉 Sad●●l, h 〈…〉 Beza, i 〈…〉 Munster, k 〈…〉 Bridges against the papists, l 〈…〉 Bilson, m 〈…〉 Broughton, n 〈…〉 Rainolds, o 〈…〉 Withers, p 〈…〉 whitaker's, q 〈…〉 Sn●canus, r 〈…〉 Szegedinus, s 〈…〉 Fulke, t 〈…〉 Erastus, and the u 〈…〉 Churches of Bohem●a, who say, that Christ speaketh there of lawful lordly rule, for bidding his Apostles and Ministers of the Gospel to use the same. The w 〈…〉 〈◊〉, and their friends adjudge it a popedom and tyranny to excommunicate Princes, although themselves do excommunicate inferior Magistrates (whom the Scripture doth honour with the high title of a 〈…〉 Gods, aswell as the most glorious Emperor) and although both b 〈…〉 Bucer, c 〈…〉 Caluin, d 〈…〉 Sn●canus, 〈…〉 e 〈…〉 De Loques, f 〈…〉 Beza, g 〈…〉 Daneus, h 〈…〉 Zanchius, i 〈…〉 Nowell, k 〈…〉 Poinet Bishop of Winchester, l 〈…〉 jewel, m 〈…〉 B●●son, and n 〈…〉 Bridges, do by their doctrine in privileged books approve the same. The o 〈…〉 Bb. charge the Seek▪ of Reformation, flatly and full●● to agree with the papists in the article of the Prince's Supremacy in matters Ecclesiastical, yet the Seek. of Reformation differ from them in these substantial points following: 1 p 〈…〉 They give the Prince authority over all persons ecclesiastical whatsoever: 〈…〉 the q 〈…〉 papists exempt their clergy. 2 They hold that a Prince may depose a priest as Solomon did Abiathar, and accordingly they obey being silenced: the r 〈…〉 papists dame it. 3 s 〈…〉 They affirm that if Priests do make wicked decrees, 〈…〉 that the Prince may enforce them to better: the t 〈…〉 papists deny it. 4 〈…〉 They say that Princes may and aught to make laws for the Church, but with the advise of godly pastors: the w 〈…〉 papists deny it. 5 x 〈…〉 They hold that if the Pastors be unlearned and ungodly, 〈…〉 the Prince may of himself without their assent or advise make orders and laws for ecclesiastical matters: the y 〈…〉 papists do utterly deny. Lastly, they will subscribe in this point to the Articles of Religion established by law, to the Apology to the Church of England, to the writers of M. jewel, M. Nowell, M. Horn, Master whitaker's, Master B●●son, Ma●ster Rainoldes, M. Fulke, (for I protest I have sought, but found nothing in these men's writings touching this matter, that dissenteth from the opinions of them that sue for Reformat.) 〈…〉 Besides they take the oath of the Supremacy as her Majesty and the a 〈…〉 Parliament doth expound it. Whereupon by express allowance of law they are in that b 〈…〉 respect her majesties good and obedient subjects, 〈…〉 and they that enforce more upon them in this point of the Magistrates authority then that oath with the Queen's exposition thereof comprehendeth, are upon her majesties roy all word, 〈…〉 and enact of law Malicious persons. Furthermore the c 〈…〉 Bb. say, That the general opinion of the best writers is against the government by Elders: where as they can name only four, whereof Caluin and Beza are two, who now be made as partial as Master Cartwright, and yet the Seek▪ of Reform▪ for one writer against the government by Elders, may name 3000. with it. Not one Protestant out of England misliketh it. d See afore. Some of the Bb. do confess the government by Eld. was used in the Apostolic Church, yet they call it a popedom and tyranny, and prefer an invention of man before it. The Seekers of Reformation find themselves grieved with many matters of fact to which her Majesty is not privy nor party. They think it hard that any subject should devise e See 〈…〉 pag 33. articles and subscriptions, 〈…〉 and publish them in their own names upon great pains and penalties to be yielded unto, contrary to the f 〈…〉 laws and liberties of England. It is thought strange, that the Bb. should preciseli● enforce the 〈…〉 statut, The law and Subscription 〈◊〉 〈◊〉 no M●●ster ought to use any other open prayers then be set forth in the communion book, and extort a promise and h 〈…〉 subscription, to use the form in the said book prescribed and no othery, and yet isome Ministers when the Spaniards were upon the Seas, to use in public assemblies, new prayers, which the Bb. themselves had contrived. 〈…〉 The Bishops scare for the Church is commendable: but not the contradiction. They see not why the Bb. should drive them to wear a Surplice, and yet themselves neglect the use of Pastoral staves, seeing the laws tie the Bishops to the one▪ aswell as the Ministers to the other. They hold it scarce agreeable to law, 〈…〉 that Master Cawdrie offending in the first degree against the statute that authorizeth the Communion book, should be punished as an oftendour in the second degree, and that by an ecclesiastical court, albeit by i 〈…〉 law he should have been convicted thereof according to the common laws by the verdict of twel●e men, 〈…〉 etc. They complain, that the Ecclesiastical Commissioners having only to deal in h 〈…〉 causes which by ecclesiastical power may be corrected, 〈…〉 do convent before them the publishers and writers of books for Reformation, which are supposed to be felonious, & therefore punishable by temporal ●ustices. 〈…〉 They think it hard that in i 〈…〉 cases replevisable by law they may not be ba●led by sufficient surety. They think they have injury when they are cited by Bb. to make oaths and recognizances in k 〈…〉 causes not testamentary or matrimonial. 〈…〉 They take it grievously, that they are compelled to take infinite and general oaths to answer to l 〈…〉 entrapping interrogatories (as was practised by the cruel Bb. in Hen●y the fourth's time and that in matters notorious, oath ex 〈◊〉 where neither sufficient proof nor witness is wanting. They pretend many other grievances, 〈…〉 as to be inprisoned, suspended, degraded and depr●●ed without due cause and course of law, the subjects thereby being left destitute of heavenly teaching, and committed to ignorant or careless prelates, who suffereth the atheist, the papist and traitor to pray upon them. Lastly, they greatly complain that the Bb. should be so unnatural as to seek the life of a right godly and faithful Preacher of the Gospel, 〈…〉 I mean Master Udall, to whom life was offered if he would but take his oath that he did not make a book whereof he was supposed to be author. 〈…〉 A rare example that a man should be known standing at a bar, shackled in bolts (but quaere quo iure) and coupled with a murderer, whose conscience was thought so faithful and sound by the judge himself; that he would not swear falsely to gain his life. Her most excellent Majesty is free and clear from all this dealing. She doth not oppugn the known truth. She thinketh the present reformation to be sufficient. She weigheth not heresy by the drowsy dream of one Doctor. She doth not join with the papists in concluding all protestants to be heretics. She doth not account that strange and monstrous, that the most ancient and best interpreters do agree upon. She braggeth not of all, when she hath few or none. She freeth not herself from lawful censures. She calleth the Seekers of Reformation that yield to the oath of the Supremacy, as she expoundeth it, H●r good and obedient subjects, and adjudgeth their adversaries Malicious persons. She doth not revile the Apostolic government. She doth not authorize the Bishops to contradict the laws, their own articles & proceed, to incrouch upon the temporal Courts, to call men before them where their Courts cannot hold plea, and to vex them without mercy or justice. To be short, she hath not sought the life of a Minister of the Gospel, 1 Sam. 25. 33. but like Abigail blessed of the Lord God of Israel, hath kept the hands of the executioner from shedding innocent blood. The Bishops persuade her Highness (for who would not believe the Grave fathers of the land knowing nothing to the contrary) that matters of the Church go very well. But if it shall appear to her Majesty to be otherwise, she will of her gracious disposition make speed to a better reformation. Wherefore, seeing they that writ for Reformation have cause or may pretend cause or colour of cause to bear hatred to the Bishops, which can not any way be applied to her Majesty, it followeth that the hatred or malice (if you will have it) proceeding from these causes, can not fall upon her Majesty: for the offences bring hatred and malice to the person, & men be maliced & hated not for sins of ignorance or good meaning, but of knowledge and wilfulness. Furthermore, the Seekers of Reformation can not have any Malicious intent in writing for the Discipline. They offer their lives to prove the truth, necessity & utility thereof. Though a papists cause be nought, yet his intent may be good. And why should not we presume so much for a good christian as for a popish traitor and impious idolater? Lastly, they, do not write False and slanderous things, (the word seditious belongeth to the accusation of Rebellion) for that doth not yet appear. The last replies are not yet answered. Many things still objected which were long ago confuted. The followers of Reformation lack liberty to answer in their own cause. If they speak, they be silenced: if they writ, they want PRINTERS. They be shut up in close prisons, their hands (as it were) bound, & then buffeted. They are blindfolded, and then must read, who did smite them. Luk 22. 64. Unless the justices and lurours can disprove all that hath been written, and confound the most profound Clarks in the world, whom the Bishop's adversaries have showed to stand for this reformation, they cannot justly sentence their writings to be false and slanderous. c 〈…〉 The certificate of the Bb. in this case is traversable, and not to be admitted, They stand at the bar as parties. It is worse than a 〈…〉 heathenish to believe Scipio Africanus, who conquered the third part of the world, when he speaketh in his own cause. If our saviour Christ should bear b 〈…〉 witness of him, self, his witness were not fit, though it must needs c Io●. 8. 14. be true. In Parliaments that concerned the Bb. as parties, they have been excluded. But the law and state of England (you will say) accounted these things False. Objection. So the laws of other nations account them true. Answer. In matters of God (as is the government of the Church) the laws of God ought to determine truth and falsehood. They only should inform the conscience of judges. There is not alia veritas Theologica, alia Philosophica: one truth in Divinity, another in Philosophy or humanity. That distinction is false and contradictory. God is one, his word one, his work one, his truth one. We may aswell say, There be two Suns, as two Truths respectively in one thing. The word of God, not law of man, is the touchstone of this truth. justice c 7. H 4. 41. Gascoine being demanded of King Henry the 4. what he would do, if a man guiltless in his own knowledge, were found guilty of murder by verdict afore him, made this answer, (although the verdict was as good in law as any law) That he would respite judgement, and crave the King's pardon for the party convicted. With which answer the King was well pleased. Whereby we learn, that our own knowledge and the law of God assured in our conscience, ought rather to guide our judgement, than the verdict of law, or testimony of men. Seeing then that the seekers of Reformat▪ have not written neither do write Advisedly, Maliciously, or Falsely, much less both Advisedly, Maliciously, and Falsely, to diffame her Majesty, (for the words be in the copulative) I conclude in this generally negatively to the adversaries argument, though I should admit it to be true, yet considering these things do not concur in writing of books for Reformation, that they be not within compass of this statute. 2 This statute is not meant of her majesties laws, The statute mean● of h●r majesties natural person. her politic members or state of Bb. but only of her highness Royal person, as appeareth by words and drift thereof. It is taken almost verbatim from an act made by King Philip & Queen Marie, 1 & 2. Ph. & Ma●▪ c▪ ●. which throughout still aimeth at their own persons. Of whom (the statute saith but could not mean of their members politic or laws) We are forbidden (by God's law) so much as to think ill, much less to speak ill. This act determined with Queen Mary's life. In this statute of 23. the preamble importeth that it was made to suppress such persons as were ill affected to her majesty. The body of the law bendeth against them only that slander the Queen's most excellent Majesty that now is. By the last proviso in it, this act hath no longer continuance▪ then during the natural life of her Majesty that now is. The state of Bb. (unless God shorten it) and the politic members and laws (if special provisoes do not choke them) are to continue ever. Wherefore this statute being meant of her majesties natural person, which is subject to mortality aswell as other, and not of her body politic which liveth ever, they that diffame the members of the body politic, can not be truly said to diffame the Queen as this statute doth intend. 3 By the words of this statute. 〈…〉 If any offends in writing books to the diffamation of the Queen, (the same offence not being made treason by any other statute) such diffamation shallbe deemed felony. By the words Other statute, is meant (among the rest) a law made 13. Eliz. c. 1. Whereby it is enacted, that whosoever shall publish that her Highness is an heretic, schismatic, tyrant, &c. shallbe punished as a traitor. By comparing these statutes which have apparent relation the one to the other, it should seem that by the one, namely that of 23. her majesties honour is protected from pe●ite slanders, such as in temperancy, uncleanness, and such like, and by the other, grand slanders are prevented, as heresy, schism, tyranny, and such like. The one adjudged felony, the other treason. Out of which statutes I reason thus: If the Seekers of Reformation diffaming her majesties laws and members politic do diffame the Queen and are there fore felons by the statute of 23. Eliz. then they that in a higher degree diffame the laws and body politic, do diffame her Highness, and are traitors by the statute of 13. Eli. But the papists diffaming her majesties laws in making the articles of Religion established by f 13. Eli. c. 12. law, flat heresies, and accounting of the Bishops as heretical, schismatical, and usurping, do diffame the laws and members politic of the Queen in a higher degree than the Seekers of Reformation, yet were never taken and punished as traitors for diffaming the Queen, though they have by monstrous conspiracies & horrible practices given cause of extreme rigour. Therefore the seekers of reforma. diffaming the Queen's laws and body politic, do not diffame the Queen, nor are felons by the statute of 23. Elizab. 4 Every penal law concerning life, is to be expounded strictly Penal law●● expounded strictly. according to the literal and grammatical sense, not by inference or equity, as appeareth by these examples. There is a a 3. Eliz. c. 1. statute that whosoever doth call her Majesty heretic, be traitors (as I noted before) The papists call all Protestants in general Heretics, yet they be not for such speeches drawn within the statute, though they do inclusively call the Queen heretic. Moreover, b 1. ●. 6. c. 12. None that feloniously steal horses shall have their clergy. Penal law●s not expounded by equity or inherent. Accessories to stealers of horses be stealers of horses, both by the law of God (before whom every sinner is a principal) and by the law of this land. For if they cannot read, they shall suffer as felons. Yet c 1 Ma●. 〈◊〉. pag. ●9. accessories to stealing of horses, shall have their clergy, though in nature there is the greatest proximity, and in argument the most equal inference and easy slide from the general 〈◊〉 the special, that can be imagined. lastly (because I will not insist in a matter so common) the same statute of stealing of horses affordeth the like learning. Therein it is said, that No stealer of horses (in the plural number) shall have his clergy. Which number is often in common speech, and in penal laws touching lands & goods, taken Synecdochechios for the singular. Yet King Edward's judges pursuing the precise letter of the statut, were so scrupulous for the life of a man, that they durst not deny the benefit of the Clergy to him that had stolen one horse. Whereupon the wise of England (whom we are more to regard then any d Ploud Cement. 467. one man) made a new I awe, That whosoever stole any horse▪ should not be admitted to his clergy. These judges that would not wrest a law one hear breadth against a horse stealer, would have been as favourable to honest Christians. But some think that we have cheverel laws that may be recked & stretched at men's pleasure, whereas penal laws that touch man's life, have been always expounded in a most strict sense. This statute of 23. is a penal law, concerning the body & life of man. The express syllables and words directed only against them that diffame her Majesty that now is. There is not one prick pointing at the Queen's laws or state of Bb. Therefore it is to be taken strictly of the Queen, against whom the Seekers of Reformation have not written, and by consequent have not infringed this statute. 5 Her majesty is a body politic, and hath members politic in fiction only and in political imagination: not in truth and verity. The Queen a bo●● politic in fiction only. In like imagination the law sayeth, she cannot do wrong, she is always of perfect age, she is not subject to any passion, she can not be imprisoned, sick or due. Things in themselves untrue. Therefore he that diffameth her members politic, doth diffame her majesty only in fiction, that is in plain english, not at all. 6 If they that writ against the state of Bb. diffame her majesty that upholdeth it. The 〈…〉 consequence filons, etc. Then do they that e 〈…〉 call the government by Elders, antichristian, a popedom, etc. diffame the Queen also. For her majesty hath authorized, or at the least openly and notoriously tolerated the government by Elders in foreign Churches that have fled for succour into Her Dominions, and have been admitted to use the government by Elders, even as our fugitives in Queen Mary's time found like liberty and favour in strange nations. 7 If they that diffame the Queen's members politic diffame the Queen, No treason to kill Bb. than they that take away the life of her members politic, commit treason against the Queen. The same reason (caeteris paribus) maketh the same law. But every puisne knoweth it is no treason to kill the Bb. though it be worthily treason to attempt any hurt to her Highness. Therefore the diffamation of the Bb. is no diffamation of the Queen. 8 All men be liars. The Queen & laws 〈…〉 Churches, Universal councils, parliaments, and laws of all nations do control one another. Therefore it is no diffamation to her Majesty, if men ascribe error in some of their laws, seeing it is incident to all men to err in some things. Though Princes be called f Ps. 82. 6. 7. 1 Cor. 8. 5. 6. Gods, yet as they die, so do they err like other men. Homines sunt mendaces & non angels: Men be liars, they be not Angels, sayeth a 34. H 8. D●r. pag. 54. justice Shelley. 9 If you do offer violence to the most base subject in this Realm, To kill a subject toucheth the Queen's crown ●ore then to ●rite against Bb. you do periudice the b Form of ind●●ements, Smith de r●p▪ A●gl. Crown and dignity of our Sovereign Lady the Queen: yet if you di●fame them, it is no diffamation of the Queen: the murdering of them is only felony, though by estimation of law, their life doth more nearly touch the Crown, then can be showed for the state of Bishops. 10 If the diffaming of the Bishops and Queen be all one, The law tendereth 〈…〉 of Prince's more than subjects. punishable by one law and one penalty, than the laws defend the name and credit of a subject with as great care as the name of the Queen. Which were absurd in the law, and a presumptuous challenge in any subject, that doth not represent the person of the Queen. 11 If the writers against the government of Bishops do maliciously diffame the Princes that bear it up, then do they maliciously diffame the Dukes of Saxony, The Princes that maintain the 〈◊〉 not def●●●d. and High Almain, that maintain the state of Bishops, as our c Ad●o●it▪ against M. M pag. 74. Prelates say. But it were madness to say, that they writ advisedly & maliciously to diffame these Christian German Princes, who never harmed them, much less our Sovereign Lady the Queen, by whom they have received incomparable benefits, and who hath be●e more beneficial to the church than any Prince or Potentate in all the world. 12 They that writ to diffame the Queen, No man hath suffered for religion in Eng. should die as felons by this statute. None that writeth against the government of Bishops, aught to die as a fellow. For they can make that but an error in Religion at the worst: for writing is not material to make an error or not an error. Papists die 〈◊〉 treason not 〈◊〉 religion. The papists (sayeth D. Bilson) d Epist. to the Read before h●s book. be not executed for making the Pope chief pastor over their souls, or for giving him an Episcopal authoritte over all the whole Church, though that be also a frantic heresy: but for giving him an external dominion over this Realm and Prince, This is it that the Execution of justice doth deely respect, which is far from any matter of faith and religion. Thus you see he maintaineth that the papists have not nor do not sister for religion or heresy, but only for treason. The Christian e C●d de 〈◊〉. & Mam. Emperors Gratian, Theodosius, etc. never punished heretics with death, but only blasphemers and idolaters. They that hold errors should not be killed, but corrected, sayeth f Epist. 127. Augustine. And in another place g Cont. Cres. 〈◊〉. l. 3●. 10. It never pleased any good man in the Catholic Church, that heretics (much less such as err in external matters) should be put to death. Thus it hath been reasoned by our Divines against the but cherries of the papists. It is also held in a h 〈…〉 book published by authority (to which D. Bilson had reference) and translated into many languages, that never any papist did suffer death for his religion, since her highness reign. Which thing the Papists in Wisbich castle can also witness. Seeing then our state and Divines have sought to remove from them the suspicion of executing any papists for their religion, (though they defend infinite heresies) much less should the Seekers of Reformation suffer death for their religion. If the papists ought to be executed, but of ●auour and grace are spared, much more courtesy should be showed to Seekers of Reformation, whose offences both to God, the Prince and Realm, are nothing matchable with the detestable heresies and practices of the traitorous papists. Verily all the Protestants in the world would wonder to hear that among Protestants under a Protestant Prince & government, any Protestant should have his blood shed for maintaining a doctrine of the Protestants, embraced by Christian Churches, and confederate Princes round about. 13 If the writers against Bishops do offend against this statute, Speakers against the Laws. than the Speakers and Reporters against Bishops and the publishers or deliverers from hand to hand of these book ●s or any popish books against the received doctrine of England, 〈…〉 be likewise within this statute. The Speakers and Reporters must either lose their ears, or redeem them with two hundred pounds, or two hundred marks. The publishers are adjudged and deemed felons. But it were ridiculous to a●●i●me, that the law had any such intent. For then there should be more eareles people in England, then in all Christendom beside, and many thousands of the Bishop's friends should be in case of ●elons. Which would comfort the writers, when they saw like justice done to Speakers, Reporters, and publishers. For the Poet truly sayeth: Solamen miseris socios habuisse doloris. It cheereth up a woeful heart, When company do bear a part. 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 only a Come pa. 467 & 487. law which the lawemakers intend. The Lawmakers did not intend by this statute protect the Hierarchy. That is la 〈…〉 For there was no bill preferred in the Parliament at that time to this purpose: but rather for the overthrow of the Hierarchy. As many yet alive can witness, who would with great vehemency have spoken against that matter for their own and their friends safety. When Master Stubs of Lincoln's Inn had written against the marriage intended by Monsieur, 〈…〉. the Dauphin of France, towards her Majesty, to the end that men should be terrified from writing dishonourably of her Highness, this statute made that offence felony, which by former statutes was only the loss of the right hand. Which proveth that the lawmakers provided for her Majesty, The Parliament rather fr●nd 〈◊〉 enemy to Ref●●●at. not for the Hierarchy. The Parliament hath been more ready for Reformation then against it, as appeared most evidently the last Parliament, when the bill against nonresidency passed the lower house, A bill against Nonresidence passed the lower house. and had like to have also passed the higher house, by the right honourable the Lord Treasurer his means, and other right noble Lords who spoke for it, had not the Bishops laboured against it. 15 Some of the laws be faulty, even in Church matters, as our Prell. (not popish) will acknowledge, report, and write if need be. There was a b ●5. H ● c. 19 ●. Eliz c. 2. law made by King Henry the 8. and confirmed by her Majesty, That such Canons, Constitutions, etc. which be not contrariant to the laws, statutes, & customs of this Realm, nor prejudicial to the kings prerogative, shallbe executed as before the making of that act. Among which Canons, etc. there be many unlawful & foolish things, though neither against the laws, customs, or king's prerogative, yet repugnant to the Law of God. 〈…〉 As namely, c This is contrary to th● Scripture, Mar: 10: 1●. 〈◊〉 Hooper upon the 7 〈◊〉 That women may not sue their husbands for adultery: that d 24. 9 1. c. ult Heretics after their death should be excommunicate: that there is such e 〈…〉 affinity between the Godfather and the child, for whom he promiseth in baptism, that it hindereth marriage: that a f 〈…〉 man may not fast upon Thursday, That all g 〈…〉 clerk should abstain from flesh 7. whole weeks before Easter. Infinite corruptions be in these Canons, yet in force and good in law. I suppose that our Bb. could be content that this statute of 25. were corrected. Sure I am, the Bishops in King Edward the 6. days, did see many things out of order in the Canon laws, or else they would not have a whole h Reform●●. 〈◊〉. Eccles. book for Reformation of them, which book can have no entertainment in our time. But seeing the Bb. will not deny but that some abuses be established for law, let them bear with others that espy greater faults than those be. 16. Lastly, many have written both against the state of the Church and common wealth as it was & is fenced by law who were never accounted diffamers of our Princes. Some writ against i Smith de rep. A●g. b. 2. c. 7. b 3 c. 3. Babing. up. come. p. 260. Trial by battle. Some against k R●der M●●. compl●o the Parl. Forfeiture of Traitors lands, The return of writs in one term: the lingering of men in prison before they come to trial: the privileges of Parliament men: the pardoning of murderers, plurality of farms, etc. Some against l For●●sc. de laud Ll. A●g. c. 2●. Racking. Some against m Doct. &. stud. b. 1. feigned recoveries to defeat them in remainder, or reversion upon estates tail. Some against n 〈…〉 buying and selling of Wards, and such like. Against the government of the Church in England, many subjects have written, never deemed diffamers of the King, as In Edward the thirds reign did o 〈…〉 Wicleve arise, 〈…〉 one of whose articles was this, That Popes, Cardinals, Bishops, or other Priests, may not civiliter dominari absque mortali peccato, may not rule like civil Lords, without deadly sin. Also he taught, p 〈…〉 That no Prelate ought to have any prison to punish offenders. And that no King q 〈…〉 should impose upon any Bishop or Curate any secular matter, 〈◊〉. for then both the King and the Clerk should be proditor jesus Christi, a betrayer of Christ Ies●s: although the Archbishop of Cant. and the Bishop of London did put Wicleve to r 〈…〉 silence for this doctrine (as their successors do at this day) yet they did not call him a diffamer of the king. William Swind●●by. Swinderby, a professor of the Gospel under Rich. the second, held, That the more Lordship a Priest hath, the nearer he is to Antichrist. Also, that a 〈…〉 The Priests of the old law were for bidden Lordship, and that Christ himself refused and forbade his Priest's Lordships, saying: Reges Gentium, etc.▪ The Kings of the Heathen bear rule, etc. but you shall not do so. Piers Ploughman Piers Plo●●●. likewise wrote against the state of Bishops, and prophesied their fall in these b 〈…〉 words: If Knighthood and Kin●wite and Comone by conscience Together love Lelly, leaveth it well ye Bishops The Lordship of Lands for ever shall ye lose, And live as Levitici as our Lord ye teacheth Deut. 8. Numb. 5. per primitias & decimas, etc. Geoffrey c 〈…〉 Chaucer also in Henry the fourthes' time wrote effectually against the state of the Bb. in this manner: 〈…〉 The Emperor gave the Pope sometime So hi● Lordship him about, That at the last the silly Kime The proud Pope put him out: So of this Realm is doubt. 〈…〉 But Lords beware and them defend, But now these folk been wondrous stout The King and Lords now this amend. Moses law forbade it tho That Priests should no Lordships wield. Christ's Gospel biddeth also That they should no Lordships held: Ne Christ's Apostles were never so bold No such Lordships to h●m embrace But smerens her sheep and keep her fold, God amend 'em for his grace. Thus wrote this famous Poet against the English Bishops, and yet was never accounted diffamer of the King, though the Bb. in his time did hold their Lordships of the King as they do now in England. Sir Geffrey Chaucer his works were in K. Henry the eight his days authorized to be Printed by d 34▪ & 35. H. 8. c. 1. act of Parliament, to which that glorious king would never have condescended, if he had thought that the diffamation of the Bishops had been a diffamation of himself. In King Henry the eights time, 〈…〉 the renowned professor of the gospel Master tindal did write, e Tindal● works. p. ● 24. That it was a shame of all shames, and a monstrous thing, that Bishops should deal in civil causes. And again, f pag. 140. What names have they? My Lord Bb. My Lord Archbishop, If it please your Lordship, if it please your Grace. D. Barnes, a right learned man at the same time did write, Barns against 〈…〉 g Tin. works, pag. 210. That he would never believe nor could ever believe, That one man may by the law of God be Bishop of two or three cities, or of a whole Country, for that is contrary to the doctrine of S. Paul, etc. Master Hooper in the days of Edward the sixth did effectually write, h Upon the 〈◊〉 p. 78. against the English Bish. M. Hooper the Martyr against civil offices in Bb. For the space (saith he) of 400. years after Christ, the Bish. applied all their wit only to their own vocation, but our Bish. have so much wit, that they can rule and serve (they say) in both states, in the Church and also in the civil policy: when one of them is more than any man is able to satisfy, let him do always his best diligence. If he be so necessary for the Court that in ciu●ll causes he can not be spared, let him, use that vocation and spare the other. It is not possible he should do both well. It is a great oversight in Princes thus to charge them with two burdens. 〈…〉 If this excellent and right famous man were now alive and should say thus much, he might peradventure (if some had their will) be martyred once again. He addeth further, That the primitive Church had no such Bb. as we. They had such Bishops as did preach many godly Sermons in less time than our Bb. horses be a bridling. Their house was the school and treasure house of God's Ministers. If it be so now, let every man judge. The Magistrates that suffer the abu●● of these goods, be culpable of the fault. If the fourth part of the Bishopric remained to the Bishop, it were sufficient, The third part to schoolmasters. The second to the poor and soldiers were better bestowed. If any be offended with me for this my saying, he loveth not his own health nor God's laws nor m●ns. Out of which I am always ready to prove the thing I have said to be true. Further, I speak of love not hatred. This was written by this noble Martyr against the protestant Bb. under king Edward the sixth. In these words he doth not obscurely reprove the King and all Princes that maintain the state of Bb. yet neither the Bb. nor judges in King Edward's time did adjudge this holy man to be a diffamer of princes. His books touching this ma●●er, have been publicly printed and sold, and even now are to be sold under her majesty. Father Latimer another man of God and holy martyr was a Bishop in King Henry the eight his time, but he a Act and M●n▪ pa. 1643. gave over his Bishopric (as also Shaxton▪ 〈…〉 Bishop of Salisbury did at the same time) being divested of his Bishoplike habit, he skipped for ●oy, (as master Fox reporteth) feeling his shoulders so light, and being discharged (as he said) of so heavy a burden. Thus he speaketh of the Bishops in King Edward the sixts days, in his sermon of the plough, b Sermon● printed 1584. pag. 11. ●. Ye that be Prelates, look well to your office, for right Prelacy is busy labouring and not Lording. Thus much I say, that since Lording and Loitering hath come up, 〈…〉 preaching hath come down, contrary to the Apostles times. They preached and Lorded not: And now they Lord and preach not. They that be Lords will ill to plough. It is no meet office for them. c pag. 12. If the ploughmen that now be, were made Lords, they would clean give over ploughing and fall to Lording out right▪ and let the plough stand. By the loitering and lording of Prelates, preaching and ploughing is clean gone. d 〈…〉 They are occupied some in the kings matters, some are Ambassadors, some of the privy Council, some to furnish the Court, some are Lords of the Parliament, 〈…〉 some are Presidents and Controllers of Min●es. Well, Well, is this their duty? is this their office? If the Apostles might not leave preaching to be Deacons, shall one leave it for minting? pag. 13. a. Hear my country England, as Paul sa●●d in his first Epistle to the Corinth's 6. chap. Is there utterly among you no wise man to be arbitrators in matters of judgement? What none that can choose between brother and brother? etc. Ad erubescentiam vestram dic●, 〈…〉 I speak to your shame. So England I speak to thy shame, Is there never a Noble man to be a Lord Pre●iaent, but it must be a Prelate? Is there never a wise man in the Realm to be a controller of the M●n●e? I speak it to your shame. I speak it to your shame. If there be ne●er a wise man, make a Waterbearer, a Ti●ker, a Cobbler, a Slave, a Pag● controller of the Mint. Make a mean Gentleman, a Groom, a Yeoman, make a poor beggar Lord Precedent. This I speak not that I would have it so, but to your shame, if there be never a gentleman meet nor able to be Lord Precedent. f 〈…〉 It is a slander to the Noble men, as though they lacked wisdom and learning to be able for such office, or else were men of no conscience, or else were not meet for such offices. A Prelate hath a charge and a cure otherwise, and therefore he cannot be both a Lord Precedent, and discharge his duty too. For a Presidentship requireth a whole man, and a Bishop can not be two man. Let the Priest preach, and let the Nobl● man handle temporal matters. Then he proceedeth and telleth who is the most diligent Bb. in all England, even the Devil, who is always in his Cure and Diocese, keeping always pag. 14. ●. Residence. h pag 24. He is no unpreaching prelate, He is no lordly loiterer from his cure, but a busy ploughman: Therefore ye unpreaching prelate's, 〈…〉 learn of the Devil to be diligent in doing of your office. Learn of the Devil if you will not learn of God, nor good men. For shame learn of the Devil. Ad erubescentiam vestram dico, I speak it to your shame. And in a pag 61. b. Sermon before the King: Though I say that I would wish more L. Precedents, I mean not that I would have Prelates Lord Presidents. The office of a Precedent ship is a civil office, and it cannot be that one man should discharge both offices well. Thus Puritan-like wrote Father Latimer, the famous martyr, yet he was never esteemed a troubler of the state, a Marprince, and a diffamer of the King▪ though in deed he was a Mar-bishop and Marprelate. 〈…〉 His Sermons containing this matter, are publicly to be sold with authority, testified in these words: seen and allowed according to the order of the Queen's injunctions. And k 〈…〉 Mat●hewa Sutcliffe saith, That books which pass with this approbation, do contain nothing contrary to the State of this Realm. 〈…〉 Therefore it were strange that the Seekers of Reformation should suffer as felons, for writing against the civil offices of Bishops against their authority in the Parliament, in the council, and such like civil places, 〈…〉 seeing writings to that effect be seen sold and allowed as not preiudicall to our estate, neither diffamatory to her majesty. Master Nowell in his Catechism, a 〈…〉 fully grounded on God's word, and received and allowed by the church of England (as the Bishops say) and b Bb. 〈◊〉. commanded to be learned of ministers, & taught of all schoolmasters, doth write thus of the Eldership: c 〈…〉 If the Church were well ordered, there should be in it a government by chosen Elders or ecclesiastical Magistrates such as was in the primitive Church. Shall men suffer as felons for such things as are fully grounden on God's word, and received, allowed, and commanded to be taught in the church and schools of England? The Lord forbidden. Doctor Rainolds the jewel of England, public professor of Divinity in Oxford, at the appointment and charges of the right virtuous and noble Earl of Essex, did allege in open sermon at Oxford, this testimony of Master Nowell, to prove that men by authority might speak in defence of government by Elders. To be short, I have showed that my L. of Canterbury, and the other Bb. That D. Co●●ns and the advertiser, do in writing reprove many things countenanced by law, as excommunication by lay Chancellors, Nonresidence, Ignorant ministers, the mild punishment of Adultery, Subscription, and such like, and yet these men be not deemed, indicted, convict or attaint as diffamers of her majesty, and felons by this statute. Such be our times, that jisdem de causis alij plectantur, alij ne appellentur quidem. Thus much may serve touching the accusation of diffaming of our Sovereign Lady the Queen's most excellent majesty. Now it remaineth to consider how justly the writers for Reformation be charged with rebellion. WHereas the adversaries to Reformation do take as a principle, 〈…〉 that whosoever writeth to work a discontent in the minds of the subjects, do intend a rebellion That is a most untrue assertion, and sophistical paralogism. For although Rebellion doth grow of discontentment, yet all discontentment doth not bring forth rebellion: or if the writing against the state of Bishops should move some men to discontentment, who being discontented should stir up rebellion, yet it doth not follow that the writers against the Bb. were rebels, as this stat. doth intend. For the writers must write Advisedly and of purpose to stir rebellion. So that if a man write in humble, loyal and dutiful manner, having no purpose and intent to work rebellion, though rebellion should here of ensue, yet could not such a writer without great injustice be drawn within this statute. For he can not be a fellow that hath not a felonious intent and purpose. Christ by his preaching had wrought such Io●. 18. 10. a dislike of the Priests and their proceedings in the minds of his Disciples, that one of them in defence of his Master did strike of the ear of Marchus, a servant of pursuivant of the high priests: yet the Priests did not charge Christ with this outrage of his Disciple. For albeit Christ did speak against the Rulers & Priests in his time, drawing after him many dislikers of that present state, yet Christ never meant to work in men's minds a discontentment which should bring forth mutinies or rebellion, but amendment and reformation. In like manner these Seek. of Reformation have descried many supposed abuses in the church gowernement: they bear us in hand that there is another form of Ruling the church more agreeable to the Scriptures than this which we have received. They writ to lay open the faults of the one, the necessity and profit of the other, that the one being removed by lawful authority, the other by like authority might be entertained. For considering that her Majesty and Lords without the Commons, 2. H: 7. 18 7 H 7. 15. ● & 4 P●r. & Mar● 〈…〉 4. 32. H. 6. 18. can not by the order of our state reform the abuses & imperfections of the laws, it is requisite that the Commons of this land should be acquainted with the wants both of the Church and common wealth. For every man and woman of this Realm is party and privy to all Acts of Parliament. 〈…〉 Their assent is needful to the making of every law. In their name, and as the deputies the Knights & Burgesses are present, and have voices in the Parliament. Now, how should the commons, their Knights and Burgesses conceive what is amiss in the Laws and state, but by public writings for that purpose? That having deeply weighed and pondered what and how things should be reform, they might be able in time of Parliament, after the lawful and laudable custom of this Realm, to take order for them according to knowledge. A few days or weeks are are not sufficient thoroughly to examine what may be said, & what should be done in these matters. Wherefore if these Seekers of Reformation should by public writing in dutiful and Christian sort communicate to her Majesty, the Lords and commons of this Realm the enormities of the state, to the end that they in their parliaments should reform the same, though some of the Commons should take occasion hereupon desperately and undutifullie to rebel, yet the Seekers of Reformation could not justly be condemned as advised and malicious movers of rebellion. Much less can their writings, 〈…〉 which have as yet never effected nor affected rebellion, be deemed rebellions. Their writing for Reformation doth rather prove that they be not rebels. For if they purposed a rebellion, they would rather tumultuously rise up, and reform things themselves then writ books to move the Queen's Majesty, the ●ords and Commons in their Parliaments, to lay their hands to reformation. They that be not blinded with malice, do see well that the Ministers who seek Reformation, The seek of Reformations d●test rebellion do preach true obedience to the Magistrates, with greater zeal and sincerity than any Bishop in this land. It is not oriously known, that they teach as an article of their faith, That no subject or servant ought to rebel against his Prince or Masters, though he be cruel and froward, but rather should meekly suffer oppression and violence at their hands. They teach that the laws must either be performed by obeying them, or else the punishment, for not yielding unto them patiently suffered and undertaken. Therefore, howsoever they writ to bring a discontentment into men's minds, yet they would not have the subject to intrude upon the Magistrate's office, much less to rebel against his Sovereign. Furthermore, 〈…〉 if all they that writ to bring the people to adiscontentement, and dislike of the authorized governement, do write of purpose to move rebellion, then do the laws, the Bishops, and whole state of England intend a rebellion. I proved that both the laws & Bishops of this land do expect a further reformation, which can not be accomplished, unless her Majesty, the Ll. and commons be drawn to a discontentment and dislike of the present state. For amendment and redress can never follow, but where discontentment goeth before. 〈…〉 likewise it is proved that the Church of England hath seen allowed, and suffered to be printed and publicly sold b Latimer● Sermons. diverse books which do speak most effectually against the state of ●orde Bishops. I showed that c Chaucer●●ookes. books wherein the Lordship of Bb. hath been condemned, have been allowed by express act of Parliament▪ I showed also, that the government by Elders is approved in d M Novels 〈◊〉. books which are commended by the Bb. to be fully grounded upon God's word, which are commanded to be taught & learned throughout this Realm. If it be rebellion to work a dislike & discontentment in the state of Lord Bb. No rebellion to m●ke 〈◊〉 dislike the Lordship of Bb. If it be rebellion to commend the reformed government by Elders, then doth the state of England intend a rebellion against her Majesty. But God forbidden that we should think so dishonourably or disloyally of our Christian State, though it hath wrought in men's minds a dislike of the present Church-governement. If then this argument be vain & frivolous against the state, why is it not so against the members and parts of the state? I might add here that all P●inters who sell popish books and all others, who publish or deliver from hand to hand any popish or other book that crosseth the present governement were felons by this statute, if this argument might have place. I might also give a caveat to Master Doctor Percy, that he do not proceed in perfecting the book which Crammer, Cox, Haddon, and others began, touching reformation of the laws ecclesiastical, lest peradventure he should draw the people to be discontented with the laws in force, and by that means incur the penalty of this statute I might also show that they who having received great benefits of her Majesty, do contrary to the trust reposed in them, maintain, prefer, and advance notoriously suspected papists, hollow-harted traitors, and close enemies to her Highness, her Crown and Dignity, opposing themselves against they know not what I might, I say, show that those men do provoke a discontentment in her majesties subjects, but I will not stand her cupon. For whatsoever discontentment is raised in men, I know none that are fallen into such madness, as to endeavour a rebelli●●. Neither can I conceive cause of such fear, unless we doubt that the popish ●orte being encouraged by the advancement of their friends, the disgrace of their greatest enemies, the passing by of them, & pursuing of others should increase in number, (as they do, without question, mightily) and then return to their ancient rebellions add devilish practices. Thus much may suffice to be spoken to the general argument used by the Bb. & their solicitors, to prove the writings for Reformation to be rebellious. Their reason is so senseless, that I marvel how it can proceed from men of wisdom. I am ashamed to bestow more labour upon it. The second accusation of writing to move rebellion, The write●● for Reform●●▪ do not in 〈◊〉 r●belli●●. concerneth particular speeches scattered here and there in some books, which I would willingly deal withal, saving that I have resolved to open my mouth in the cause of the innocent, and to speak in their behalf that are unworthily (in mine opinion) adjudged to death. Which travel I would take aswell for the Bish. as for the Seekers of Reformation, if they should come into the like peril. There never yet happened any rebellion under her Majesty, by the instigation 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 above named have written to that intent, that cometh next to be discussed. We ought not to bring new senses unto words, but take that sense only which the author bringeth. To take the words without the sense, is to catch at the shadow & leave the body. Where words have divers senses, some good and some ill, by the rule of love (vnles●e vehement presumption do force the contrary) we ought to take the better, & leave the worse, especially in criminal and capital causes: Because the Gods of the earth, I mean the Magistrates, aught after the example of the God of heaven, incline rather to mercy then justice. Which is the reason that by the law a S●mper in ff De Reg 〈◊〉. 14. H 8 14. F●●z: Mar●on. Sect. 8 The interpretation most beneficial for the defendant should be accepted. For it is b 〈…〉 better to spare the guilty, then take away the innocent, because c 2. Sam. 14. Blood being spilled upon the ground like water, can not be gathered up again: 14. Ra●. 〈◊〉 Reg. Iu. but a guilty person spared at one time, may be requited at another. Wherefore it is needful, that evidences in cases of blood should have Claritatem probationis in quadam excellentia, 〈…〉 A clearness of proof in an excellent brightness. If there be no evidence of truth to induce us to interpret the words urged by adversaries to Reformation of any rebellious intendment, than it will appear, that the writers for Discipline be not justly drawn within this statute. That which D. Bancroft allegeth of Martin, threatening of fists, cannot in any equity be drawn tor bellion. In e 〈◊〉 first Epist. pag. 2. saying. That D. Br●dges (for writing against the Reformat.) would shortly the have twenty fists about his ears more than his own, 〈…〉 he meaneth nothing else, but that many would exercise their hands in writing against D. Bridges, which hath proved true. Thus he explaineth himself in his second book: the words in our usual phrase importing such a matter. To understand this, as if Martin did incite to insurrection or rebellion, is altogether 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 speech as this, were sufficient to draw men to sedition: especially such men as hold for an article of religion, that it is altogether unlawful for any subject to resist his lawful Prince, that holdeth of no creature but the God of heaven. If Martin had been an Acheist, or Papist. who by their religion may Rebel against lawful & sovereign Princes, them there might be some colour of this accusation, especially if instead of twenty fists, Martin had said f Admoni●. 〈◊〉. M M. pag. 65. twenty Halberds as the Bb. of London doth comment upon him. Though twenty Halber de●, much less twenty fists could do little to the raising of rebellion within England. Doubtless Martin doth abhor such horrible purposes: or if he carry any such mind, hanging is too good for him. Whereas Martin Senior speaketh of an hundred thousand hands and of striking, his words be carried (as I am persuaded) altogether from his sense and meaning. In that place he exhorteth the Lords, Reproof of Mart. I●●ior. Gentlemen, and people of England to become joint-suiters by one supplication to her majesty, that in every parish there may be a preacher so near as may be: that unlawful callings may be removed, and Christ's officers restored to the Church: that there might be a quiet meeting for the debating of the controversies, or that men might be suffered to sue the Prelates at the kings bench, in cases where they abuse the subjects against the laws of ●●gland. He addeth, that there might be procured an hundred thousand hands to this supplication of known men in this land all her majesties most loyal and trusty loving subjects, that these together would strike a great stroke, especially in so reasonable and just a suit. These are his words. For opening of which I propound this question, whether any man doth know the meaning of these words better than the author himself, which no man will affirm, as I think. Then look further upon the words that follow. He falleth into a discourse of the bishops English (as he termeth it) showing that they pervert by sinister exposition the ordinary propriety of our English phrase, whereof he giveth diverse examples, and at length cometh to this, That if a man should ask the Bb. what it were in their language, to prefer such du●tiful supplication as before he had mentioned, to her majesty, that they would make answer, that to deal in such a suit, were to rebel, to pull the Crown off her highness head, to make a faction, to wrist the sceptre out of her majesties hand, and to shake off all authority. A wonderful thing (sayeth he●) it is, that humbly and dutifully to entreat, should in the English tongue signify by unbridled force unduetifullie to compel: and that to seek the removing of unlawful callings out of the Church, should be to threaten that the lawful Magistrate should be thrust out of the common wealth. Thus far writeth this Martin, explaining fully that though it was like the Bb. would pervert and misconstrue his words, as if he meant to move rebellion, that yet notwithstanding he went about no other thing but to incline the magistrate by his own authority to reform all matters that were amiss. That an hundred thousand hands would strike a great stroke in this suit, hath no other sense then this, that if her majesty should understand, that an hundred thousand of her most loving and loyal subjects should subscribe to such a petition, it would greatly move her Highness to accept the same. This phrase is usual and known to an English man. For we use to say, the cause hath received a great blow, or a great stroke. So D. Bridges writing against Lordship of Bb. sayeth, that vos autem non sic, striketh dead, that is utterly overthroweth Lordly author●tie in the Ministers. A man by wresting of such speeches as this, might make the best subject in this Realm, a very traitor, if his writing and speaking were well observed. But let traitors be traitors, and rebels be rebels, and suffer as is due to traitors or rebels. God forbidden that a Tropological or Metaphorical speech without intendment of any harm, should come within the compass of treason or rebellion. Touching the words of Franc. junius, Franc. Iun●●● writeth no treason. we desire D. Consins to take a little pains in showing which Franc. junius he meaneth. If he understand Fra●ciscus junius the famous learned man, who with Tremellius translated, and of late hath reviewed the Bible, who hath also written a whole book in defence of the Eldership and Discipline, he doth that worthy man exceeding wrong. It can not be proved that ever he wrote any such thing. But if he mean one who calleth himself Stephen junius, in a a Vind 〈◊〉 book against tyrants (whom peradventure it pleased D. Cousins of purpose to call Franc. junius, that men might suppose a lover of the Eldership, to be a favourer of treason) I answer that this Stephen junius doth not mention the Praesbyteries in all his book. And whether he doth approve any such Eldership, it doth not appear: or if he held any such frenzy as D. Cousin's fasteneth upon him, the Seek. of Reform▪ do disclaim him. That many thousands in England Desire the Discipline is true. and the number doth increase daily. That great trouble would come of it if it were not admitted, 〈…〉 hath appeared. For we see how schismatics do trouble the Church, and what endless writing is on both sides, and all touching this Discipline that yet wanteth. But what is here that carrieth the countenance of any sedition or rebellion, unless D. Cousins thinketh there can be no trouble but in rebellious and warlike order? D. b B●nc. 〈◊〉▪ pag. 74. Bancroft, not finding pregnent matter for his purpose at home to give show that the Seekers of Reformation be rebellious, he maketh road into scotlan, challenging those Churches (as his friends the c 〈…〉 Papists had done before) That the Scottish Ministers who favour Discipline, Th● Scotish Ministers not 〈◊〉. have abused their King, preaching factions and seditious doctrine, treading upon his sceptre, imitating the papal jurisdiction, labouring to establish an ecclesiastical tyranny of an infinite jurisdiction, putting the King in danger of his life: D Banc all se●h the 〈◊〉 of Scotland. whereupon the King overthrew 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 (her majesties most near friend and knisman) a ●lat hypocrite, grounding himself upon a book counterfeit by the graceless Archbishop of St Andrew's in the King's name. Whereunto the King never assented, as the Ministers can show by his Royal letters yet reserved in Edinborowe: the wicked Prelate since that time having sought to be reconciled to the Ministers whom he slandered. Which thing you may the rather believe, if you consider that the King hath taken so good liking of the Ministers & the Presbyteries, that he hath made public d 〈…〉 protestation to maintain the fame while he liveth, And to subject the Nobility thereunto. Likewise when the King read D. Banc. book, and came to the pag 75. where the Doctor chargeth him to be an hypocrite or dissembler, The King upon the margin of the book did write these words: The King of Scotland reproveth D. Bancr●●●. e 〈…〉 My speaking, writing and actions were and are ever one w●tthout dissembling or bearing up at any time what ever I thought. Ergo, Casts the libel ne quid asperius, that is, Therefore the Doctor sayeth untruly, that I use no rougher words. Signed thus, I. R. that is, jacobus Rex, james the King. The same Doctor f Ser●▪ pa 78 & 79. bringeth in some foreign authors whom he saith were favours of Discipline, yet brochers of rebellious and strange propositions. These authors did write either against such as they accounted usurpers or Princes by election & popish tyrants such as hated our religion: they did not write against any protestant Prince, 〈…〉 neither in defence of the Disciplice, but rather of the doctrine which is now maintained in England. As D▪ Bancroft doth allege these authors to prove the Discipline to be traitorous and rebellious: so the 〈…〉 papists do allege the same men to prove that the doctrine of the Protestants is seditious. The allegation doth hold against both alike. Our Religion doth not depend upon the opinions of one or two men. 〈…〉 Where one favourer of the Eldership hath written traitorously, I could produce five hundred, who were maintainers of the Hierarchy and rank traitors. All traitors to the Quern have favoured the 〈◊〉 Our English Bish. have resisted, rebelled, and deposed many kings of England. They have most saucily abused the Nobility, as might be showed. I hear of none that either attempted or effected treason or rebellion against her Majesty but papists, & all such do approve the principality and jurisdiction of L1. Bb. Thus far have ● proved (as I hope sufficiently) that it is not lawful or agreeable to the true intent of this statute to judge these writers for Reformation as diffamers of her Majesty, or rebels, and therefore that they ought not suffer as felons▪ Some have held, that though it be not consonant to the laws of England, that the Bishops should press the oath ex officio, as they use to do, yet that it is expedient they should continue their proceed, as they have begun; if any in the same conceit should hold, that albeit it is not lawful to execute the Seekers of Reformation as felons, that yet it is Expedient, I answer, that if such law be admitted, it will be the most dangerous & perilous practice that ever was received within this Realm of England. For neither the Prince, the councillors, the Magistrates, Bishops, judges, or best subjects can live in security. If men may violate law and justice upon a colour or pretence of expediency: what endless mischiefs may ensue unto the common wealth? What kind of precedent would this be to all succeeding ages? To what purpose have our ancestors provided that there should be every year or oftener a Parliament to supply the defects of law, if upon a surmise of experiencie men might go beyond the lists and limits of law? If the reverend judges of the land who ought to preserve the integrity, and honour of the law should admit any such learning, besides that it would overthrow both the common and statute law, it would endanger the keeping of their oath, & give their goods, lands and lives to the Prince's pleasure. Some will expect that I should answer the charge against the writer of the Demonstration (if one man made both the Epistle and the book which I have not as yet heard to be proved) but seeing he is convicted by the verdict of 12. men, The evidence brought for the book: he convicted for the Epistle. the proceeding against him notoriously known, The Almond for the Parrot 〈…〉. the accusation and words whereupon he was convicted in every man's mouth: I leave it to the judgement of the great day, when the judge & all judges shallbe judged before the judge of heaven and earth, 〈…〉 who will reward every man according to that which he hath done, good or ill. a Psal. 116. 15. Precious in the eyes of the Lord is the death of his Saints. b ●ob. 16. 18. O earth thou canst not cover blood! It still crieth in the ears of the Lord for vengeance, saying, d Revel. 6. 10. How long Lord holy and true, dost not thou judge and avenge our blood on them that dwell on the earth! Surely, he that preserveth the hairs of the head, and putteth the tears of his servants into a bottle, will much more preserve in his bottle the drops of the blood that fall from the bodies of his saints. Therefore be warned, be wise, and take heed what you do, ye judges of the earth: It is one thing to deal with a thief and murderer, another thing to judge a Minister & preacher of the Gospel of Christ your redeemer, and that in matters of religion, wherein (God knoweth) you have small understanding. Thus have I run over the objections made to prove the writers of Reform▪ & against the Hierarchy, to be diffamers of her Majesty and rebels. I will proceed a little further to show that if men would be curious in their writings that deal for the Bb. The Bb and then 〈…〉 the Queen. and if their words were a little enforced as they might be (by M. Dolion or some such factor for the Bish) I fear they might incur the danger of this statute as easily as others. The Bb. in their book do write, 〈…〉 That it is not lawful to bestow such livings upon late men as are appointed by 〈◊〉 to Preachers of the word. 〈…〉 Though this might stand good, and yet overthrow many of our Bb. states & honours who preach not the word, yet this doth reproach her Majesty, who doth employ some of the ●b. livings oftentimes) to better uses than Bb do bestow them. M. Wicleve, that famous protestant taught another lesson, 〈…〉 〈…〉 And who will not think the superfluity of a Bb. living better bestowed upon such a man as Sir Francis Walsingham, that right honourable Councelor and benefactor of the Church and Country, then upon any Bb. that referreth all abundance to the advancement of his house and posterity? D. 〈…〉 Br●ages maintaineth in writing, That a Priest may have a moderate lordly jurisdiction over all the lords allotment and 〈◊〉. f 〈…〉 Which implieth and external ●ordely jurisdiction over her Majesty uhles he will say, That she is none of God's heritage, both which might be made a dangerous doctrine. D. Bancroft writeth, g 〈…〉 That her majesty is a P●ty pope, and ascribeth to her all the jurisdiction that the Pope ever had by usurpation. M. jewel saith, h 〈◊〉 Apol p. 70. 4. That the popish Prelates gave K. Henr●● the 8. the strange and unused ●ule of head of the Church, to bring him into the slander and task of the world. And the Parliament for avoiding scandal, changed the title of Supreme head, to Suprem: Governor. If Maist. jewel misliked that th● Queen should be called Supreme head, what would he have thought of Petty pope? or how can the Parliament bear this? Do not the Protestants detest in the pap. their woman pope? The Archb. of Canterb. would be displeased (and I can not blame him) if a man should call him Pope. Notwithstanding the Pope said of one of his predecessors, i 〈…〉 pag. 188. Co● Baronense. 〈…〉 Includamus hunc in orb nostro tanquam 〈◊〉 orbis Papam: 〈…〉 Let us include this A●selme in our world as Pope of another world, meaning great Britain, 〈…〉 called by the ancient writers a world by itself, yet it is thought nothing to call her Majesty a Pe●y pope. Doctor k 〈…〉 whitaker's sayeth, That the Name, authority, and person of the Pope, all Protestants do abhor and accurse to the Prince of darkness whence it came. The l 〈…〉 pa: 298. 299. 〈…〉 Princ l. 5.▪ 17. & 18. papists do slander her Majesty to be a Pope or Petty pope: but M. Nowell m 〈…〉 telleth the papists, and D. Bancroft also, That we do not teach that the Princes be either Popes or Petty pope's. The n 〈…〉 papists also do abuse her Highness, as D. Bancroft doth, saying: That we take the Supremacy from the Pope, and give it to the Prince. But Doctor Rainolds o 〈…〉 answereth, That the Supremacy which we take from the Pope, 〈…〉 we give to no mortali creature, Prince or other. But D. Banc. who thinketh himself a great Clerk, as if he were a deeper Divine than either M. Nowell or M. Rainolds (whom he useth to call a Prec●fian) maketh her Majesty a Petty pope, 〈…〉 & assigneth her not some of the Pope's power, but ALL honours, dignities, pre-eminences, jurisdictions privileges, authorities, profits and commodities, which by usurpation did at any time apperta●e unto the Pope. 〈…〉 If a man can diffame by foolish flattery, than D. Banc●s the most notorious di●●amer of her Majesty in all England. Neither law, reason, religion, or good manners doth warrant this. God forbidden that like extremity were extended for these faults, as hath been used against the Seek. of Reformat. I do not recount them for that purpose, but only that the Bb. and their friends, seeing their own case (if her Majesty were not merciful) may deal more courteously with their brethren. Conclusion. Considering the doubtfulness of these controversies, I trust your Majesty will take some good order for the peaceable debating & compounding of them. In the mean time we hope that these things which are here written, being well weighed, your gracious and tender heart will never suffer one drop of blood to fall to ground for these causes of Reform▪ till it evidently appear where the fault lieth. This is the intent of this humble petition, made only for the peace of this Church & quiet of the Realm. Which two things it behoveth all Christian subjects to advance forward with their whole endeavour. The God almighty, who to the great wonder of the world, hath most miraculously defended and delivered you from all the cursed enterprises against your Realm and person, preserve your Majesty many years in health, honour, prosperity, and victory to his glory, the good of his Church, the relief of his Saints, to the joy of England, and all Nations that profess the truth, AMEN good Lord, and cursed be he from heaven, that sayeth not from the heart, AMEN, AMEN. To the end that it may appear how unjustly the Seekers of Reformation are slandered by the Bishops and others, I thought good bries●●e and truly to deliver the opinions of such as sue for Reformation, which I have gathered out of their books, and seen in their practice, and heard in conference which I have had with them. 1 THEY openly profess and acknowledge that they be sinful men, subject to infirmity as well as others. They do not call or account themselves Cathar● or 〈◊〉, 〈◊〉 and therefore if Augustine 〈…〉 say true, that Cathar● sunt q●i ●eipsos isto nomine quafi propter munditi●●, suberbissime at que o●iosissimè nominant: They be Puritans, That in conceit of their own purity, do● most proudly and odiously call themselves by that name, 〈…〉 then without question they be no Puritans, unless in that sense that all the Apostles (save judas) and all other true Christians are called 〈◊〉 or Puritans in the Scriptures. 2 They do absolutely 〈…〉 yield and subscribe to all the articles of Christian f●●th Christia● faith. and doctrine professed in the Church of England, Church of England. according as they be enjoined by the laws of the land: and therefore they do not offend against the Statute made in the thirteenth year of her highness reign, and withal have open injury in being called schismatics. 3 They do unfeignedly give to her majesty all that power, 〈◊〉 souera●tie, and authority whatsoever is recognized to be in her Highness, 〈…〉 by the oath of the Supremacies, as her majesty 〈◊〉: and the Parliament have expounded 〈◊〉 and therefore they be not Traitors by the statutes of 〈◊〉 or quinto of her Majesty. 〈…〉 4 They profess all submission reverence and obedience to the right Honourable the Lords of the privy Council, 〈…〉 the judges, 〈…〉 and all other civil Magistrates of this state, honouring them as Lieutenants of God and her Majesty: and therefore they be not Anababtists, who would abandon the authority of Magistrates and distinctions of states among Christians. And although they believe that it is not agreeable to the doctrine and example of Christ and his Apostles, that Bb. and Preachers should accept temporal Lordship, and civil authority, yet they honour that authority which is derived to them from her Majesty, in regard whereof they submit themselves to be convented, imprisoned fined, etc. by them: much less will they with force and arms resist or rebel against her majesties most lawful authority, either in herself, or being deputed to others who are not disabled by God's word to use it: and therefore they be not within the statute of vice ●imo tertio of Raising rebellion against her Highness. 5 They hold it lawful and necessary, 〈…〉 before Magistrates to take an oath being called thereunto, so that the oath (being a matter highly concerning the worship of God) be guided and taken as the Scriptures allow, 〈…〉 that is, not in vain, where a matter may be otherwise proved by sufficient evidence or witness: nor yet rashly, as swearing to answer they know not to what, or before the Articles which they must answer upon their oath, be made known unto them. 6 They seek not to pull down the Courts of justice, 〈…〉 〈…〉 as the high Court of Parliament, the star-chamber, the King's bench, the Chancery, or any of the rest, but they desire they may stand as they do, saving that Bb. & Ecclesiastical persons should be shut out from them, & set to preach the gospel, & follow their own vocation, not being charged with other offices, unless they were sometimes called in weighty difficult causes, to give counsel & advise what may or should be done by the word of God. 7 They deny not but that matters 〈◊〉 of Testaments and Marriages may be determined by Civilians in their Courts (if it seem not good to the Parliament to transfer these things to the temporal Lawyers) always provided, that their Courts may be made mere temporal, not intermeddling widow the Church Censures: provided likewise that the Bb. or other Ministers have no dealing therein: provided also that causes may be judged there, not by pope's laws, but by the word of God, the laudable Customs, Statutes, Injunctions synodal, and Provincial Constitutions accepted in this Realm, a agreeable to the word of God, and established by her majesties authority and act of Parliament. 8 They teach, that neither the ministery nor people of this Realm ought to make any general Reformation, General Reformation by the 〈◊〉 neither with force and arms, 〈…〉 or otherwise of their own authority, change any laws made or established for religion by authority of Parliament: but they hold that the general reformation doth belong to the Magistrate, as God's Lieutenant, to deal in: and that for themselves they may and ought in dutiful and christian fort both preach, writ, and sue to the Magistrates for redress of enormities, 〈…〉 and also practise the or dinances of Christ which he hath commanded his Church to keep to the end of the world: and therefore they have not incurred the dangers of laws made against Riots, Routs, 〈…〉 or unlawful Assemblies. 9 They detest all such as advisedly, falsely, or maliciously slander or disfame her most excellent Majesty: and therefore they be not felons by the statut provided against spreaders of News or false rumours. 〈…〉 10 They do maintain, that (according to the approved doctrine of England) Emperors, 〈…〉 or any Christian magistrates whatsoever, 〈…〉 being members of the Church of Christ, aught to submit themselves to excommunication, or other ecclesiastical censures, being duly, orderly, upon just occasion, according to the commandments of Christ, executed. 11 That a Magistrate standing excommunicated, aught to be obeyed and honoured in all respects of subjection, 〈◊〉 for custom, Ex come. Princ. ebb y. subsidy, love, or any other imposition or service whatsoever of body, goods and lands, as if he were not excommunicated. And therefore they abhor the Antichristian and most pestiferous doctrine of the popish ●orte, that giveth liberty to the subject to withhold his services and duties from the Magistrate, so long as he standeth excommunicate. 12 Their suit to her Majesty and this honourable state is, 〈…〉 that it may be permitted and enacted by law, 〈…〉 that the church of Christ may be ruled by such laws, orders, and officers, as Christ himself hath expressed in his word. 13 That every Congregation professing the faith and obedience of Christ might have one or two sufficient Teachers faithfully labouring in the word of God & doctrine: 〈…〉 so maintained as they might keep hospitality: not hindered or entangled with civil offices, whereby their flock should be neglected. 14 That every such Congregation might have assistant to their teachings Elders, Elders. some of the fittest, best, & most godly of the church, who should join the Teachers with the ecclesiastical ruling and governing of the Church according to the word of God. 15 They would not have these me any whit to encroach upon the majesties authority, to punish any man externally, with any pecuniary or corporal penalty: but that they also be subject to the higher powers: & keep themselves within the compass of their calling for the service of the Church, as Christ hath appointed. 16 That in every such Congregation there might be 〈◊〉. some appointed of the most honest and sufficient men to gather for the poor, to keep the Church treasury, for the uses of that Church, and to the relief of the poor among them, & other neighbour churches. 17 That also there might be appointed some grave and old Helpers or Widows, 〈◊〉. qualified as the Apostle commandeth, 1. Timoth. 5. 5. 9 10. to th'end the sick, aged, friendless, and needy of the Church: and (as they could) other neighbours, or wayfaringe men, that people might not languish or die in our streets and high ways, for want of relief, as is most pitifully to behold in many places. 18 That all these should be chosen and ordained in such manner and by such persons as the word of GOD, Election and 〈◊〉 of 〈…〉 the practice of the best primitive and ●od earn Churches doth warrant. 19 That if any dissension grow or cause of 〈◊〉 be given in any particular Church by the Minister or Officers, the party grieved might appeal to a particular Synod, 〈◊〉. from the particular Synod to a Provincial Synod, from a Provincial Synod to a national Synod. Which Synods should be appointed at set times: The more particular the Synod is, the more often the Synod for the time to be moderated by some fit man chaungeably by election, that might write, speak and pray in behalf and at the direction of the rest. Or the pa●tie grieved might appeal from the particular Congegration or Synod, immediately or at the first instance to the Magistrate, who ought to punish both the Ministers and other ecclesiastical officers, 〈…〉 if they abuse their places and authority, not using them according to the direction and warrant of the word of God. 20 They do not mean that there should be appointed presently and out of hand these Officers aforesaid in every of our Churches, 〈…〉 as they now stand (for there do lack Ministers, and people fit for these purposes) but they humbly desire that such people as be already capable hereof, and willing to live as becometh the Churches of Christ, might, as they are commanded by Christ, so also be permitted by the Magistrate thus to join and walk together according to the word of God▪ that it might be enacted and required also by public authority of the Magistrate, that all they should execute their offices, and live in such ●orte, manner and 〈◊〉 as Christ hath given direction to his Church in his will and Testament a that withal good order might be taken for training up of youth for the ministery of the Church: and thus at length, by the blessing of GOD, all her majesties subjects, which will walk as the Churches of Christ, might be furnished, guided, and governed in manner aforesaid: and so 〈◊〉 in all christian and dutiful obedience to God and her Majesty. 21 They do profess and protest, that they can and will avow this Reformation, 〈…〉 which they desire to be most agreeable to the Scriptures, to have the testimony of the best and most learned men that have been since the Apostles, that it is not prejudicial to her Majesty, to the Laws, to the state, but profitable every way, 〈…〉 and commanded by Christ to be 〈…〉 his Church unto the end of the world, both under 〈…〉 Heathen Magistrates: as they make challenge to prove 〈◊〉 all the learned men in the world, that are contrary 〈◊〉, if they may be heard. This is the sum of their professed opinions, and of the Reformation desired, as I doubt not but they will testify if they be called in question to acknowledge the same. They that condemn them upon their adversaries reports (who intolerably do slander them in many things, and are altogether partial in their own cause) do show themselves to be men of small discretion or Christian charity. To the godly Reader. Marvel not, good Reader, that in do not affix my name to this my Treatise. It is not known who was the v●riter of the Epistle to the Hebrews, and of diverse other monuments of h●lie Scripture, neither of sundry books published heretofore, & of latter da●es in defence of the doctrine and government of our Church in England. If a truth, & nothing but the truth be delivered, it skilleth not whether the professor thereof be known or not. Wherefore I do justly condemn the vain cu● iositie of some undiscreet persons, who being placed in no degree of authority, are not content to eni●●e the fruits of other men's labours with thanksgiving, but do continually exercise and trouble themselves in calculating and divining who be most likely to be the authors and procurers of their good. If they had any consideration of the 〈◊〉 of the time wherein an indifferent well willer may scarcely be heard to speak the truth, or if they weighed the grievous molestations to others, and unprofitable pleasure that may hereby ensue unto themselves, they would bridle these unruly longing affections, lest that they prevailing against them in needless trifles, do at length g●tte ground upon them in greater matters. Rahab hath procured to herself a memorable commendation for hiding Gods servants when their adversaries and her Masters, sought to apprehend them. If the holy man that wrote to the Hebrews thought it most convenient in godly policy to keep his name unknown, assuredly they should have been deemed curious and idle brained, that would either have been inquisitive to know the same, or having knowledge thereof, would foolishly have blabbed it abroad to others. Which things I speak rather in behalf of others, than in fear of axie danger that might grow unto myself by this enterprise. For first, that which I have written, cannot I trust, offend any reasonable and not partially affected person: or if it do, the uprightness of mine own conscience, and loyalty both to this Church and commonwealth, will (I hope) enable me to sustain and endure with cheerfulness, all the malice and displeasure of any enemy to a godly peace. secondly, I do not desire at any man's hands the favour of concealment in this action. For although I have attempted and published this my travel without making myself known to any creature, yet when my appearance shall be found more profitable to the Church then my concealment, I will come forth and justify my words in such manner and form as I have written. In the mean time I wish every true hearted Christian, To pray for the peace of jerusalem, that now at length her Majesty (of God will) rather then any other Prince succeeding, may have the honour in reconciling the two twins that strive together is the body of our Church, to the great peril and danger of the whole. Nubecula est, cit● transibit. Certain Articles wherein is discovered the negligence of the Bb. their officials, favourers and followers in performance of sundry Ecclesiastical Statutes, Laws, and Ordinances Royal and Episcopal published for the government of the Church of England. Out of the Statutes. 1 BY the statute of 25. H. 8. cap. 15. It is accounted by the Parliament against equity and due order of justice, Or●ex Offico. to bring any man in danger of his life, name, goods, or lands, by any entrapping interrogatories, or by any other mean, than witness, verdict, confession or presentment. Yet the Bishops do examine the Queen's subjects upon entrapping interrogatories without verdict, witness, confession or presentment, to the danger of then lives, names, lands and goods: for making, printing, or dispersing, of seditious books and sundry other grievous crimes, upon vain surmises, or secret suggestions of lewd persons, who dare not avow their accusations in the face of the Defendants. Whereby the subjects be intolerably molested, without remedy or costs & damages awarded for their vexations, & molestations wrongfully sustained. 2 All men are bailable that are not prohibited by law to be bailed, bail. 2 West. ca 14. yet the Bb. deny bail to some that ought not to be imprisoned, much less be unbayleable by any law. 3 No official or other officer should take any more than three pence for the seal of a citation, Seal of citatious. else they forfeit double costs and damages to the party grieved, 23. H. 8. ca 9 1. Eliz. cap. 1. yet they usually take more under colour of signing or subscribing a citation, which is a thing in law material, jermes in law. Tit. Faits. 4 No foreign Constitutions, whether they be the Popes or emperors laws, Pope's laws. have any force in our state. Only such synodal and Provincial Ordinances as have been made within this Realm, are confirmed for law, 25. H. 8. cap. 19 yet the Bishops in their Consistories do put in practise the Romish and imperial constitutions, not contenting themselves with the Statutes, Injunctions, and other Ecclesiastical ordinances of this Realm. 5 Such Canons and Constitutions only as be not repugnant to the laws, statutes & customs of this Realm, 〈…〉 aught to be put in practice, 25. H. 8. cap. 19 But the Bishops give sentence in infinite matters, which would be otherwise ruled by the common laws. 6 The law accounteth them Ministers who are made after any other order than is prescribed in the laws of England, Ministers of reformed Churches. so that they will subscribe to the Articles of saith and doctrine, 13. Eliz. cap. 12. yet the Bishops have reckoned such men as have been ordained ministers in reformed, churches, to be lay men, though they esteem a popish priest a sufficient minister. 7 The law requireth a subscription to the Articles of religion only, Subscription. that concern the confession of true faith and doctrine of Sacraments, 13. Eliz. cap. 12. The Bishops urge a subscription to the books of Homilies, and divers ceremonial and transitory matters, neither concerning faith nor Sacrament. 8 If the Bishops publish any Canons or orders to be practised without the Royal assent of her Majesty, The Queene● assent to Bb. Articles. they should be fined and imprisoned, 25. H. 8. cap. 19 Notwithstanding this statute, they publish Subscriptions in their provinces, and Articles in their Dioceses without any assent of her highness. 9 By the Statute 23 Eliz. cap. 1. the Ordinary of his Ministers should not take any thing for allowing or licensing a Schoolmaster to teach. 〈…〉 And neither the statute nor any injunction or law requireth a subscription by Schoolmasters yet it is famously known, that they extort of schoolmasters for licences to teach, of some 7 shillings, of some ten shill▪ of some a mark, according to his state that admitteth them, whether he be Archb. Bishop, chancellor or official. The justices of peace ought to cause this gross and palpable extortion to be inquired of at their Sessions. The enforcing of subscription upon schoolmasters is upon like warrant of law and justice. 10 By the great Charter confirmed by many Kings of England in parliaments, Imprisoned without 〈◊〉. and by the ancient Bb. by their Excommengments, None should be imprisoned but by the lawful judgements of this Peers, or by the law of the land, Mag. Chart. Cap. 29. The Bishops will punish men for not swearing vainly, and Women for not being Churched, etc. without trial or showing authority of law to warrant their proceed, to the great periudice of the ancient and lawful liberty of English subjects. Out of the Common laws. 11 By common law a man shall not be examined upon his oath in matters that sound to his reproach. For no man is bound to accuse himself, oath ex officio. Crompt. 182. yet Bishops would examine men upon their oaths in case of felony, as for writing & publishing of seditious books. 12 No man should be cited to a spiritual court, 〈…〉 to depose there in any matter as witness: for this is extortion and tort to the party, Fitz. just. of peace, pag. 172. b. Crompt. 219. this is not remembered of our spiritual Doctors. 13 No Bishop ought to appoint a man to appear before him to take an oath ex officio, Ex offico. saving in matters of marriage and wills. And the cause of the appearance must be expressed particularly in the citation, otherwise it is against law, as justice Fitzherbert saith, Nat, bre. pag. 41. yet the Bb. boldly presume against this law. Out of the book of common prayer, authorized by act of Parliament. 14 It appeareth by the Calendar which assigneth 4. chapters to be read every day through the year. Also by the preface and order of reading the Psalms, that the morning and evening prayer Morning and Eu●ning prayer. should be read every day through the year, either publicly or privately, except great business hinder: yet they be only read upon Sundays, Holidays, Wednesdays and Fridays, Toll the ●ell. and saints Fues. 15 The c Preface to the Communion book. Curate must toll a bell to service, that is, he must either do it himself, or appoint another: yet this is deputed to the Sexton or Clerk, who is found by the Parish, and not by the Curate. 16 The d Rubric 〈◊〉 Mo●ning prayer at the communion and Commination. people are to answer the Priest to say, 〈…〉. AMEN, and such like: yet this is permitted to the Clerk alone in most places, who after the popish order must supply the room of the unlearned and say Amen, as the papists do abuse the 〈…〉. scriptu●e to that purpose. 17 Where there is f 〈…〉 singing, there the Lessons Sing Lessons should be sung in a ●laine tune, & likewise the Gospel's and Epistle: yet I have not known this used in Cathedral Churches. 18 The g 〈…〉 names of Communicantes 〈…〉 before they receive should be signified to the Cura●e, yet this is not regarded in most places. 19 The h 〈…〉 Curate (be he never so base) should not suffer notorious ill livers, such as have wronged ●y by word or deed, Notorious offenders suspended from the Lords Supper. Open 〈◊〉 of sin. neither men out of charity (by they Earls, Counseilloures or others) to be partakers of the Communion, till they have declared themselves openly to be repentant and reclaimed: yet notorious lewd persons be admitted, and men of state (without exception) are not hindered, nor any open confession of sin is used by any offender, but whom the Official appointeth, though the i 〈…〉 authors and confirmers of the communion book do generally wish it. 20 The k 〈…〉 Minister should use the ornaments appointed by King Edward, The Clerks' Surplice. yet not he alone, but the Clerk also doth use a surplice in many churches. 21 In l Rubriche next after the communion. Cathedral & Collegi. Churches, the Communion should be ministered every Sund●y at the least. This is not practised. Communion in Cathedral Churches. The m Pag. 5. Advertisement appointeth the first Sunday in every month. But the Bishop's n D. Bridg. pag. 33. Articles tie Ministers to use the form prescribed in the communion book and no other. 22 The Godfathers and Godmothers are o Exhort after pub. baptism. commanded that they 1. shall call the children for whom they promise, Godfathers & Godmothers duty. to hear sermons. 2. They must provide that they be taught to learn all things necessary for Christians. 3. That they be virtuously brought up. Which things all Godfathers and Godmothers might be in●orced to do (for the law will not command a thing without allowing a mean to ●ffect) yet the Bishops do neverinforce this by ecclesiastical censures, though infinite children do, for want of this help, perish in ignorance. 23 bishops are commanded to confirm children: yet divers Bb. do not use it, Confirmation of children. albeit by p 〈…〉 law, no man should receive the Communion till he were first confirmed. A good plea for papists to refuse the communion, this confirmation would cause children to learn the principles of Religion for none should be confirmed q 〈…〉 till he could say the Lords prayer, Ten commandments, and the short cacechisme. 24 Curates of every Parish t 〈…〉 ought upon sundays and holidays half an hour before evensonge openly instruct and examine children, 〈…〉 servants, and apprentices in the Catechism. A profitable work seldom or never used by the Bishop's followers. By the s Pag 14 and 16. book of Canons the Curate may examine any of what age or degree soever, be they old or young, noble or unnoble. The Bishops account it tyranny in some Ministers to expect or exact this thing. 25 None must be admitted t 〈…〉 to the Communion that can not say the Catechism. 〈…〉 Therefore curates should examine Communicantes, and seclude them that be found wanting in knowledge: but this is not regarded. 26 u 〈…〉 Banes should be asked three several Sundays in the open Church: 〈…〉 yet Bishops dispense with ask banes Non obstants this book confirmed by Parliament, as if a Bishop might dispense with penal Statutes. Out of the book of ordering Deacons, etc. 27 The party presented to the Bb. should w 〈…〉 wear A plain Albe (by the book of ordering Ministers, 〈…〉 confirmed by x 8 Eliz c: Parliament) yet this garment in not used. 28 The Deacon by part of his office y 〈…〉 ought to search for the sick, 〈…〉 poor & impotent of the 〈◊〉, and intimate their estates to the Curate, etc. But now the office of a Deacon is accounted mere spiritual. 29 The Deacon must read the Gospel in the day of his Ordination, z 〈…〉 〈◊〉 putting on a Tunicle: but ●his vesture is scarcely known at this day. 30 The Bish. must tell * 〈…〉 the Minister at his Ordination, That if his Church or any member thereof, 〈…〉 do take any hurt by his negligence, that a horrible punishment will ensue to him. He chargeth him, never to cease his labour, care and diligence till he have done what lieth in him according to his duty, to bring all that are committed to his charge, that there be no error in Religion or viciousness in life left in them: yet it is manifest, that the Bb. Priests, and Chaplains, are most negligent in their charge, turning over their travel to other, which they are charged here to perform in their own per●on. 31 The book would have them to a 〈…〉 give themselves wholly to the ministeri●all vocation as much as lieth in them, to apply themselves to that one thing, to draw all their care & studies that way & to that end: yet they attend eiui●●ll offices and worldly affairs imper●●nent to the charge here given to them. 〈…〉 32 The b 〈…〉 Bish. chargeth, and the Priest promiseth to Minister the discipline of Christ, Christ● Discipline. as the Lord hath commanded, And as this Realm hath 〈◊〉 the same according to God's commandments, not otherwise. For the word And noteth two distinct things in that clause, where all Ministers are authorized to excommunicate as well as ●b. (for the Lord hath commanded this c 〈…〉 Discipline of Excom. to all Ministers alike) also they may admonish and suspen●e from the lords supper (for this Realm hath received these censures, and given them to every Minister according to God's commandment in that behalf) yet the Bishops do retain the power of Excommuni● in their own hands assigning it to such as please them most. 33 The d 〈…〉 Bish. likewise chargeth and the priest promiseth to use not only public but also private admonition and exhortations both to the sick and to the whole within his cure: 〈…〉 yet their Chapleins' and Doctor's account their duty discharged if some time they preach publicly, and never confer privately with their flock in points of religion. For Christ, say they, knew not the persons and faces of his flock neither is this expected of his Ministers, both which be untrue. 34 The book at the ordination of every Minister directeth the Bish. to say to the Minister, e 〈…〉 Take thou authority to preach the word of God, Minister's preachers. and to Minister the holy Sacraments in this Church. In which words we observe, 1. That the book and Parliament which confirmed it▪ do intend that every Minister should be a Preacher. This also may be proved by many other circumstances in this book. 2 A full licence & authority is given to every Minister to preach, Licences to preac●. therefore he may always, after this authority given, aswell preach as minister the Sacraments, without a licence: neither is it material that the f Art: 8. Injunctions or g Iniunct. pag. 4. Advertisements do will that a Minister should have a licence to preach, for this book of Ordering Ministers being authorized, 8. Eliz. cap. 1. and 13. Eliz. cap. 12. In the Articles of Religion, Artic. 36. doth counterm●unde the Injunctions and Advertisements that went before. 3. No Minister hath authority to preach out of any book but God's word. 〈…〉 4. The Ministers and Deacons should be ordained in the Congregation to which they are presented: not in the Bishop's Chapel, else the book would not say, Take authority to preach in this Congregation. For it can not be imagined that all the Priests which a Bishop maketh have authority to preach or exercise their office in the Bish. Where Priests should ●e 〈◊〉. chapel when they list. Yet notwithstanding the authority of this book, the Bb. admit ministers who be no Preachers, whereas this book and their own authority by Law (Artic. Bb. need not 〈…〉. Cler. cap. 13. might answer any Quare impedit, if they would refuse a Clerk for non ability of preaching. Also, notwithstanding this book, to get money (for if that be not their purpose, let them do it gratis, but then they would not stick at it) they compel men, being ordered after this book, to take new licences to preach, not being contented when they show them their letters of orders, which the Bishops at their pleasure upon a supposed misdemeanour do use to take from them, Furthermore, sundry of the Prelates do preach and take their texts out of the apocrypha, wherein they go beyond their commission, unless the apocrypha be a part of the scripture, as one of the Bishops doth entitle it. Lastly, notwithstanding the intent of this book, they ordain Ministers at large in nubibus, without a cure, they never ordain them in the Congregration to which they are presented▪ that the people of the Church (who are likely to be most inquisitive into his conversation that ●halbe their Pastor) might except against them, 〈…〉 for the Bb. a 〈…〉 willeth the people present to speak if they knew any impediment or crime in the person presented that may hinder him from the ministry. Which (by all likelihood) can not be meant of a people of a strange parish, nor of the Bishop's family, unless the Bish. family be like the knights of the post in Westminster, who know all men, their conditions, lands, and estates, though they never saw or heard of them before. 〈…〉 35 All the Bishops that be present at the consecration of Bishops should we are b Beford. 〈◊〉 pag. 65. Copes and surplices, having their Pastoral staves in their hands: they retain the Surplice, seldom the Copes, but they never use their Pastoral staves. Out of the Queen's Injunctions. 36 By the Queen's Injunctions (which should be executed in c 〈…〉 all her highness Realms and Dominions) all d 〈…〉 ecclesiastical persons hau●●g cure of souls, aught to preach in their church, 12. or. 16 Sirmons jearely in all Churches. and 〈◊〉 other cure they have one shimon every month. And in their e 〈…〉. own person they should preach once every quarter, or else read an Homely: so that in every parishen England, Ireland & Wales, there should have been twelve sermoes preached every year, either by the Minister or his deputy (as it is expounded) and the minister in proper person should have preached four sermons or read four Homilies every year since her Majesty began her reign: yet there be many hundred churches within these Dominions, especially in Wales, Ireland, the Northern & Western parts, that have scarcely had twelve sermons in twelve years: and there be many persons that cry formality, that come not twice in a year at their charge to benefit the people by any duty. 38 〈◊〉. Erasmus Paraphrases Erasmus p●raphras. should be had in all Churches, yet the Bishops willbe more careful to inquire if every parish have a surplice rather than to enjoin any book learning. 38 Ecclesiastical persons should not play g 〈◊〉. at dice, cards, Dice, Card●●. tables, or any other unlawful game, but use some other honest exercise, as h B. of canon pag. 13. shooting: but the Bb. chaplains and followers, Shooting. that pretend most obedience to the Queen's laws, do more offend in these matters than any other Ministers. 39 i Artic. 〈◊〉. All non-residents which may dispend above twenty pound yearly, aught to distribute the 40. part of their living to the poor of the parish: non-resident benevolence. but this is lightly regarded of the most, as I suppose. 40 k Artic. 12. Whosoever, Parson, Vicar, etc. may dispend in ecclesiastical promotions above 100 pound yearly, should give for every 100 pound, three pounds six s●illings and viii pence yearly to so many poor scholars in the University or Grammar schools, A charge laid upon 〈◊〉 Palaces as he hath hundred pounds, that having profited in learning, they might be made partners of their Patron's cure, and otherwise be employed for the good of the common wealth. The Bishops do not enjoin their Chapleins', their Deans and Doctors to subscribe to this article, though if this one article had been observed by our formal Prelates (who be accounted the only obedient subjects) as it should have been▪ and yet be if our Bishops and regard the Queen's orders, there would have growed and hereafter grow more profit hereby to the Church & state, under her Majesty, then hath ensued by all episcopal subscription for these hundred years. Mark Bish. it is your fault that learning decayeth, and that there wanteth a continual supply of learned Ministers. If this Article had been performed, there might have been relieved yearly, ever since her Mayest. came to the Crown above 1000 poor scholars, who for want of maintenance, have applied her time & travel to other matters▪ Blush at your negligence herein. 41 The Queen's a Art. 14. Injunctions ought to be read in the Churches openly once every quarter. But this were no wisdom: 〈…〉 for then the people would expect many things at the Bishops and their P●●estes hands that are not convenient to be known of the common sort. 42 The holidays should be b 〈…〉 spent in hearing God's word, in private and public prayers, 〈…〉 in reconciliation of enemies, receiving the Sacraments and visiting the poor, using all soberness and godly conversation, yet the Bb. themselves and their Priests (who should be ensamples to the flock) bestow these days profanely at bowls, hearing Comedies and Tragedies, etc. Which be far from the duties both here & in the scriptures commanded. 43 All c Artic.▪ 23 and 35. superstitious, pictures, paintings in walls and glass windows should be abolished out of Churches and houses: 〈…〉 yet many Church-windowes be full of such pictures, and (as I hear) the Bb. be not without such paintings in their Chambers. 44 The d Artic. 29. Wives of Ministers and Deacons should be allowed by the ordinary and two justices of peace. 〈…〉 Many forward Chapleins' regard not this. 45 All e Artic: 30. Clergy people should wear their habits square caps, etc. 〈…〉 and no● f Aduer●. p▪ 9 hats in journeying: yet there be a number of the Bishop's Priests that break this order as well as the Ministers that seek reformation. 46 The g Art. 39 Injunctions allow a man to be absent from common prayer at his own parish Church, 〈…〉 and to resort to another in the same Town, to hear a sermon: yet the Bishops and their O●●ici●lles punishemen in such cases, unless they will give them a Mark, or such like see, for a licence of absence. 47 Where h Art: ●9. Music is used in churches, Curior●i●g. it should be in such a distinct & modest song, that the same might be plainly understood, as if it were read without singing. But the curiosity of Cathedral churches doth disdain this simplicity. 48 None of the Queen's Art: 50. subjects should call one another Heretic, Schismatic, or use any such like word of reproach yet the Bb. Names of 〈…〉. their libelers, and slatterers, call her majesties subjects (and that falsely) Schismatics, heretics▪ puritans, and such like, as appeareth by their pamphlettes and choleric brabbles. 49 Whensoever the k Artic: 52. name of JESUS is pronounced in Sermon, Lesson, or otherwise, all men should uncover their heads, and make a leg: Names of jesus. yet the Bish. and their Chaplains seldom use this, unless it be at reading of the Gospel, as if the Gospel were more holy than the rest of the scripture, especially they forget it when lustily and bravely they swear by jesus. 50 The l 〈…〉. Queen accounteth and calleth them her good and lawful subjects, 〈…〉 that acknowledge her Majesty to be the sole supreme governor over all the subjects in her Dominions But the Bb. account some such men papists & traitors. 51 The a The conclusion of t●e 〈◊〉 offenders against the Injunctions are to be punished by deprivation, suspension, excommunication, etc. by the ordinaries. Violater● of the Queen's Injunctions. The justices of peace are to assist them: yet how many of the Bb. ministers have been deprived, etc. for not causing twelve sermons to be preached every year in their parish? For playing at Cards, Dice, & c? For not distributing the 40. part of their living to the poor? For not allowing five marks to a poor scholar? For not reading the Injunctions, for misspending the Sabbath? For not wearing square caps? For calling their brethren puritans? etc. For not kneeling when they swear by jesus? And for terming her majesties good and obedient subjects, papists and traitors? These Injunctions and ordinances appointed by the Queen, are forgotten: But the Bish. be careful enough to urge subscriptions, oaths ex offi●io, and such like unprofitable and Apocryphal stratagems, their own devices. Out of the Bishop's advertisements. 52 By the b Aduer: p. 4. advertisements, a Minister should pay for the wax, Licences to 〈◊〉. perchment, & writing of a licence to preach only four pence: how this is observed, I refer my sel●e to the l●●centia●s and licentious preachers of our tune: but of such men commonly no licence is required. 53 No c Adverse p. 4. man should be absent from his cure, but in respect of Sickness▪ service, or study at the Universities: yet it is known, that many be absent, 〈◊〉 having no such respects to d●●we them away. 54 All ecclesiastical d Aduer p. 1● persons should wear in journeying cloaks with sleeves: Cloak●●. yet many great patrons of formality do not use them. Out of the Bishop's Canons. 55 By the book of Canons agreed by all the Clergy of the province of Canterb. e B●oke of Ca●. p. 4. The household servants of 〈◊〉. should be of good life, of sound religion, Bb. servants. orderly & modestly appareled: yet many instances may be given to the contrary. 56 f above of Can pag. 5. None must be made minister that hath been brought up in husbandry or some other base and handy craft labour, Base fellows 〈◊〉 minister. nor any but such as have a title whereby they may live if they become blind, and fall into any languishing or continual sickness: yet the Bishops make their blind porters, and such other worn and forlorn servitors, ministers, having no title but the ministery to rely upon. 57 The Bb. should g Book of Can pa. 5. not grant to any the next or 3. advowson Aduo●sons of any prebend or benefice, for (they say) those advowsons are far from good doing and christian charity: yet presentations and advowsons to churches before they be void, be notoriously and usually granted by the Bb. 58 There h Book of Can pag. 6. should be in Cathedral Churches, in Prebenda●ies and Deans families, the book of Martyrs, Book of Mar: that all comers in might read it, yet the most do want it, as I am persuaded. 59 Every Boo●e of Can. pag 1●. Chancellor▪ Commissarie and Official should be learned in the Ecclesiastical and civil laws: yet many ministers utterly ignorant in those faculties do bear such offices. Chancel cluilians. 60 All k Book of Can. pag 16. unpreaching Prelates should teach children to write, 〈…〉 to know their duty to God and others: yet the parishioners are burdened to find schoolmasters for these matters. 61 l B●oke of Can: pag. 19 Churchwardens should be chosen by the minister & people, Election by the people. they should admonish and warn any (noble or unnoble) that offend others by adultery, drunkenness, much swearing, ba●drie, usury, and other wickedness in life. And if they will not hear the Churchwardens, the Churchwardens should show the fault to the Parson or Curate (be he never so base) who should more sharply and v●he●entlie reprove them. And if they continue still, they shoul● drive them from the communion till they be reform. This profitable order of discipline is altogether neglected both it & election of Church-officers by the people, Disciplin●. are reputed dangerous, seditious, and schismatical in those that seek to have them established sound practised and prosecuted with effect. 62 The whole clergy of that Province do agree, Nonresidence. that a Book of Ca●. pa. 25. Nonresidence is a thing in itself to be abhorred and odious to the people, & pernicious to the Church of God: yet they ret●ine non-resident Chaplains about them daily, countenancing such men most, oppugning in Parliament the Nobility and commonalty that speak against it. 63 No m●n b Ibidem. should have above 2. Benefices at once, not distant a sunder above 26. miles: yet many have 3. or 4. scattetered one from another 100 miles. 64 All c 〈…〉 men should eschew the company of an Excom: person, d 〈…〉 he shoul● be esteemed an heathen and publican: yet our ●olie Pre●a●e● (such is their learning even in the common articles of our religion) do call our Excommunication a civil discommuning, and make no scruple to company with such persons. I doubt if the matter were well examined, the most of the Bish. themselves have been excommunicate ipso facto, and still continue in that state for the breach of the statute of Magnacharta, and infinite Provincial and Nationall constitutions. Whereupon they are disabled to sue any actions, and are to be esteemed as heathen and publicans. 〈…〉. It were endless to reccount all the cases wherein the Bb. their Officers, their Chaplains and hangs-by do offend against our synodal and Provincial constitutions, against their own books and Articles, published in their Synods and Convocations. It would make a large volume to remember wherein they proceed and give sentence in their courts contrary to the Statues and common laws of this Realm: Thus much is sufficient to set the Gentlemen students of Englandge a work, to search more narrowelie into these things than they have done, that they may by their pa●nes in study, redeem her majesties laws from the captivity, wherein they are de●e●●ed by the Clergy. By these Articles it appeareth, that our Bishops do not of conscience to God, and honour to her Majesty, exclaim against the Seek▪ of Reformation, for not yielding in all things to her ●●●●nctions, laws, and other proceed. For if they did bona fide & ex animo in deed honour her Majesty, and seek the advancement of the Gospel of Christ jesus, they would be more careful and sedulous to see the profitable and necessary ecclesiastical laws put in execution, rather than to enforce such as be less profitable & needful. For whether is it more requisite to the glory of God and good of her Majesty and this Realm, that Ministers should catechize their Parish, that they should debar notorious offenders from the Communion, That Sabbath days should be kept holy, That Church Wardens and Ministers should admonish privately all (even the most Noble) to leave their faults, The Nonresidentes and fat beneficed persons, should relieve the poor at home, & studious scholars abroad, That there should be twelve sermons yearly in every parish through England, Wales and Ireland, That no Aduowsons' should be granted, That the pernicious and detestable sin of Nonresidence and Pluralities should be reform, and such good orders practised. Is it not more requisite, I s●●e, that these things should be looked unto, rather than the wearing of a surplice (Marrying with a ring? Christening with a cross. Subscription to an Article, and such like? Yet it is apparent to all men, that Bishops, their officials, Deacons, Doctoures, and favours are more curious in urging and using the latter than the former: yet both have like authority from her Majesty and themselves. I suppose the Bishops and their followers would be as unwilling to execute the Queen's laws and Injunctions, as any favourers of reformation, if they were urged there unto in earnest. It is certain, that the Bb. can tolerate the neglect of all these and innumerable other duties in one of their flatterers, whereas if a m●n be but suspected to mislike in heart the Lordly government of Bishops, he sh●lbe sure to have all extremity showed against him if he offend but in the least ceremony. Yea greater severity shall be used for neglect of the least and most improfitable observation, then for neglect of the most necessary and important. O England, England, how long wilt thou be miss by those carnal wordlings that have their special care to adnance and enrich themselves and their posterity, rather than to obey thy laws or the laws of thy God, be they never so holy, so necessary and godly! Who hath bewitched thee, that thou canst not see that they be more rebellious, more schismatical, more disloyal and disobedient subjects, who acknowledge thy laws to be good and godly, but do despise them, even the greatest of them, than they that yielding to the greatest matters, do of conscience refuse such things as be least profitable and expedient in any Church. O that her Majesty would appoint faithful, true, christian and ●nglish-harted men indeed to examine these things: to call the Bb. their Chaplains, and Officers to account in these matters, she should find that they b●e of the most unduetiful subjects in all the land, and they that be now least regarded, would be found the most trusty, most godly and obedient of all other. My words will prove true in the days of trial, when these things shall be regarded and rewarded with indifferency, and then (Bishops) assure yourselves that the day of your desolation is at hand. How long O Lord holy and true! Revel. 6. 10. Come Lord jesus, come quickly, 22. 21. Certain Questions or Interrogatories, drawn by a favourer of Reformation, out of the former treatises and other writings concerning Reformation, wherein he desireth to be resolved by the Prelates which the Printer hath thought good here to annex. QVae●e, 〈…〉 whether the right honourable and chie●e ●ustice of England Sir Christopher Wra● Knight did not at th' examination of H. barrow in the Bish of London's palace, affirm that men should incur no penalty for opinions which they held doubtinglie. And whether a man may not without breach of law Divine or human, for his further satisfaction make quaerees and doubts in special causes, showing withal the reason of his doubting: affirming nothing peremptorily or positively, but submitting himself to sound resolution. If that be granted, why may not I be a Putcase, & say as followeth: 2 Quaere, whether the form of prayers, administration of the Sacraments, attire of Ministers, 〈…〉 and other Church-ceremonies in England, do more agree to the Apostolical & primitive order, or to the use of the Romish Church. And whether popish orders be more seemly & convenient, than the Apostolic. 3 Quaere, whether our rites and ceremonies taken from the papists, 〈…〉 do not give them offence and harden them in their sin, seeing a 〈…〉 Harding doth gather thereby, that Popery is not so ill as it is commonly reputed. And b 〈…〉 Bristol saith, That our religion and Communion were nothing worth, unless we borrowed from them & their Mass-book: & whether all indifferent things that give offence unto the weak, ought not by c 1 Cor. 8. 1● Paul's doctrine, be removed from the church. 4 Quaere, 〈…〉 whether the square C●ppe, Surplice, and other monuments of popery and idolatry condemned in general by the Queen's d Art. 23. Injunctions, Bishops e 〈…〉 Articles, and f 〈…〉 public doctrine of England, and other Christian g 〈…〉 Churches, misliked and wished to be abolished by h 〈…〉 Bull●ger, i 〈…〉 Alas●o, k 〈…〉 Bucer, l 〈…〉 B. P●●kington, and m 〈…〉 Bale, derided by n 〈…〉 Bucer and Master o 〈…〉 ●ox, refused to be worn by p 〈…〉 Peter Martyr, q 〈…〉 Bucer, r 〈…〉 Ho●per, s 〈…〉 Rogers, Humphrey, Philpot, Bradfort Haddon, & Saunders, (as I have credibly heard) whether the Surplice called by t 〈…〉 Martyr, monstrous apparel, by u 〈…〉 Caluin, Playerlike apparel and vain visards, by w 〈…〉 Bez●, Insignes of the Baaltticall Priesthood, by B. R●●ley, x 〈…〉 foolish and abominable, too fond for a vice in a play, by D. ●a●lor, y 〈…〉 apish toys, and toyish trumpery, by D. Poinet, z 〈…〉 a Porter's weed at Billingsgate, by the Beehive of the Romish Church, a 〈…〉 a smock and long b 〈…〉 shirt, by Bale, c 〈…〉 pretty toys, by Becon, d 〈…〉 Histrionical, see●●call, and hick-scorne●like app●rell. Whether I say this apparel thus accounted of by learned men (the best judges of decency) be decent & comely for a preacher of the Gospel, and whether things uncomely should not by e 〈…〉 Paul's doctrine, be abandoned the Church? 5 Quaere, f 〈…〉 If Majors, justices, stage-players and others, Subscrip●i●●. may not aswell be enforced to subscribe to the Bi●●ops three articles by the ●●at. of 1. ●liz. cap. 1. as Ministers, seeing the stat. (urged by 〈…〉 D. Bridges to that purpose) doethreach to them aswell as Ministers. 6 Quaere, If the Bb. 〈…〉 that appoint other prayers to be used in the Church besides the prayers in the Communion book do not offend against their own articles and the statute of 1. Eli. c. 1. which injoint that Ministers should use the form of public prayer prescribed in that books and no other, Iten, whether the Bb. thus o●●ending against the stat. ought not to deal more mercifully with the ministers who have offended in like quality. 7 Quaere, whether the Marcionites did well, who (as Chrisostome upon the words, 〈…〉 what do they that are baptised for the dead reporteth) when any of their Catechumeni or novices in religion did die, 〈…〉 had wont to hide one under the bed where the dead man was laid, and did ask the dead if he would be baptized▪ in whose name the party under the bed did answer, That is my desire: whereupon the live man was baptized for the dead. Questions to infants. And whether the questions and answers at the baptizing of In●ants in the communion book be not of like nature. When the Minister saith to the child (as fit to conceive as a dead man Wilt thou be baptized in this faith? and the godfathers make answer, That is my desire. 8 Quaere, Whether a man may with safe conscience subscribe that the book of common prayer containeth nothing contrary to the Scriptures, Psalms in the 〈…〉 whereas the translation of the Psalms therein comprised in addition, substraction and alteration dissereth from the truth of the Hebrew in 200. places at the least. 9 Quaere, Whether it be agreeable to the word of God, 〈…〉 law of England, and practise of any well governed Church, to punish that which is taken for slandering, ribaudry & villainy, with return of libels, rib●ud●ie and villainy. And whether Almond for the Parrot, 〈…〉 Martin's Months mind etc. do not as much offend that way, as Martin Marprelate, or if they o●fend at all, why are they suffered, not punished? 10 Quaere of Matthew a 〈…〉 Sutcliffe (who is always ca●ping at M. Cartw. purchase) why M. Cartw may no● sell the lands which he had by descent from his father, 〈…〉 and buy other with the money, aswell as some of the Bishops, who by b●●berie, simony, extortion, racking of rent, was●ing of woods, and such like stratagems, 〈…〉 wax rich and purchase great Lordships for their posterity. 〈…〉 11 Quaere, If the Bish. that b 〈…〉 affirm it is lawful to give livings appointed for ministers to lay men, or D. Bridges c 〈…〉 affirming that a priest may be Lord over her Majesty, or Doct. Bancroft that d 〈…〉 calleth her Highness a petty Pope, do not disfame and dishonour her Majesty, and are therefore selons. 12 Quaere, Supremacy. If the Prelates who say e 〈…〉 that the ot●e of the Supremacy importeth that her Majesty may devise what Church-governement she pleaseth, be not in the word of a Prince and by award of law Malicious persons, seeing therein they ascribe more to her Highness then the Oath of Supremacy with the exposition thereof importeth. And whether the Seek. of Reformation yielding to the o●he with the exposition, 〈…〉 be not her highness good and obedient subjects. 13 Quaere, Why the Archbishops of Cant. should not rather be called Popes than Primates of all England, seeing f 〈…〉 that a * 〈…〉 Cardinal gave them the name of Primates, & a● Pope did assign them the name of Popes. 14 Quaere, If Wicleve, Luther, Calum, Latimer, tindal, 〈◊〉 and other were now alive, 〈…〉 and should speak against the Lordship of Bish. as they do in their writings, to which prison the Bishops would send them, whether to the Fleet, Clinke, Marshalsea, or gate house. Whether books seen, allowed, & publicly sold by authority, do contain matters of felony, and defamatory to the Queen. 15 Quaere, wherein the papists have deserved so well that mainteaning errors, Papists favoured. heresies, and blasphennes, accounting in general our doctrine, our Bishops an Magistrates, heretical and impious, should find more grace than Seekers of Reformation, and why they ●hould not be condemned as felons for their abominable doctrine. 16 Quaere, If the Bb. proceeding against men Perordinem inquisit●onis Inquisition. (as Do. Cousins said at the examination of Master Cartur.) do not therein imitate the papal order used by the Bb. in time of cruelty and blindness. 17 Quaere, Oath in open 〈◊〉. If Christ were before the Bishops, & were demanded g I●●. ● 18. 19 20, 21 of them concerning his doctrine, and should answer, I spoke openly, etc. why ask ye me? ask them that heard me what I said unto them: behold they know what I said, whether making this answer, he should be committed as Maist. Bambridge and Maist. johnson were in Cambridge, and as many other godly Ministers be ordinarily upon like occasion. 18 Quaere, General oath If by the judicial laws, by the course in the Chancery, or star-chamber any man be forced to swear before he know the cause (at least in general) whereunto he is to take his oath. 19 Quaere, Confirmation of children. whether by the laws of England, every Bish. is not bound to confirm children, as well as Ministers to marry with a ring, & whether popish young men not yet confirmed by any Bishop, may not without danger of ●awe re●use the Communion, seeing by the book of Common prayer, n●ne must receive the Lords supper, till he be confirmed. 20 Quaere, 〈…〉 whether an ecclesiastical judge may punish Bris●one the p●pist for a 〈…〉 writing that our Communion book is an apish imitation of the Mass book, seeing the statute giveth only that authority to justices of peace. Item▪ whether Bristol depraving the Communion book, may be deprived of all his spiritual promotions for the first offence against the statute, seeing the b 〈…〉 statute appointeth, That he who the second 〈…〉 the Communion book, being convicted thereof by verdict, etc. sh●lbe deprived of his spiritual promotions. Item, whether the law doth not favour the puritan as much as the p●pist. 21 Quaere, 〈…〉 whether Adultery is to be punished by the Ordinary, seeing the punishment thereof (without any saving to the spiritual Court) is given by c 〈…〉 statute to the justices of peace. And whether a man may be punished by two corporal or pecumarie punishments in two several Courts for one & the same cause. 22 Quaere, 〈…〉 If any Ordinary have contrived, promulged & published Articles in his own name without as●ent of her ma iesty under seal, and enforced her highness subjects to subscribe unto the same: And for not subscribing, have suspended or deprived them. And whether an ordinary thus doing, may not be d 25 Hen 8. 〈…〉 imprisoned & fined at the Queen's pleasure. 23 Quaere, whether an Ordinary may cite a man to appear before him in his Court to depose as awit●esse, seeing e 〈…〉 justice Fitzherbert sayeth, 〈…〉 That it is extortion and wiong to the party. And how many of the Bishops be extortioners in that behalf? 24 Quaere, whether a man f 〈…〉 shallbe examined by oath of any thing that soundeth to his reproach, 〈…〉 seeing that Nullus ten●●●● se●psum perdere: and whether schism and heresy be not matters that sound to a man's reproach. 25 Quaere, If an Ordinary or an ecclesiastical judge, citing men ex officio to swear to accuse themselves in causes g 〈…〉 neither matrimonial nor Testamentary, 〈…〉 whether a Prohibition will lie against them or not. Item, whether the ordinary & his officers ought not to surcease this manner of proceeding until the controversy moved, and now depending thereupon in the Star Chamber by means of the opinion of some of the reverend judges, and of the right worshipful and famous Lawyer Master Cook, 〈…〉 be determined. Item let it be inquired, if (notwithstanding the displeasure of the Prelattes) the grave and learned judges of this noble realm, privately debating these matters, whether among them the maior saniorque pars pollo● kagathoi, did not condemn the practices of the Prelates, as repugnant to law. 26 Quaere, if these judges that have only commission to deal in causes which by h 〈…〉 Ecclesiastical authority may be ordered, may cite men ex officio, to take an oath before them, to accuse themselves, 〈…〉 in matter neither Testamentary nor Matrimonial. Item, whether such ecclesiastical judges may by virtue of the statute whereupon their commission is grounded, commit the Queen's natural subiestes to prison, espeally for refusing to take the oath ex officio, being ministered in causes neither Matrimonial or Testamentary. ●tem, whether they ought to commit any of the Queen's subjects to prison a 〈…〉 when he tendereth sufficient bail or surety, especially in cases where bail and mainprize is not taken away by any statute. Item, whether if any in such case be committed the Writ D● homine replegiand● doth not lie. Item, what satisfaction D. Cousins, D. Bancroft, D. Stanop, and others having only commission in matters to be ordered by Ecclesiastical power, aught to make her Majesty free and loving subjects, who have ex officio bene cited by them to take an oath in cases neither Matrimonial nor Testamentary, and refusing to take that oath have been * 〈…〉 committed by great multitudes to prison without bail or mainprize in cases not debarred from bail by any statute. Item, whether may they keep such persons by them committed in prison months and years, without calling them to answer, or accusing them of any crime. Item whether for this dealing they do not deserve to smell of the like punishment themselves. 27 Quaere, whether any Ecclesiastical judge hath convented, examined and committed any for matters felonious touching the Queen's Crown & dignity, & whether these practices do not instanter, instantius, instantissime crave the b 16. R 2. c. 5. Praemunire. 28 Quaere, Imprison●● a man 〈…〉 of law. Whether Sir john Markham chief justice of England, 1 H. 7. 4. b. per 〈…〉. did not tell King Edward the 4. that he might not arrest any man for suspicion of treason or felony (as any of his subjects might) because that if he did any man wrong, the party might have no action against him. And if the King by imprisoning a man may do him wrong, much more may any subject: and therefore good remedy may be had against him for so doing. 29 Quaere, Blaspe●●y. Whether it be not less danger to blaspheme the blessed Name of the great God, then to speak against a L. Bishop. Item, whether ●oe minister's have been deprived within these seven years for ceremonies of men, then for drunkenness, whoredom, and other breaches of the law of God. 30 Quaere, Pastora●● staves. Why the Ministers may not refuse to wear a Surplice, as a Bishop to use a Pastoral staff, seeing the laws enforce them both alike. 31 Quaere, 〈…〉 whether the Seek of Reformation be not endangered of their life, and withheld from their liberty on lie for their religion and conscience in matters of Discipline pro●essed by foreign Christian Churches, yea and authorized in England, seeing notwithstanding all 〈◊〉 of d●ffaming her Majesty or ra●●ing Rebellion, their life and liberty is daily offered to them by the Bishops, if they will renounce and recant their opinions. And whether 〈◊〉 the popish persecuting ● b in ●nglande at any time heretofore executed any man that agreed with them in their f●ith and 〈◊〉, only because he differed from them in matters of external form, ceremony, or circumstance, as our ●b. do attempt by all endeavour. 32 Quaere, 〈…〉 whether he that publisheth books with long premeditation & foreconsideration doth publish the same with a Malicious intent, seeing few men deal in any action of importance, 〈…〉 but with great deliberation, though it falleth out often, that they labour against the truth, and yet are not adjudged Malicious persons. And if a Councelour or Sergeant doth often by long advise argue against the truth, and yet without Malice, how doth a prepensed and long intended purpose prove a Malice in the Author of Demonstration or any other writer. 33 Quaere, 〈…〉 whether the Bishops and their officials do not oftentimes in their Courts, sentence, judge, and rule cau●es contrary to the customary and common laws of England aswell as against the Statutes in matters of Diffamation, Testaments, & such like. And whether a Prohibit●o should not proceed against them, if they determine any case against the common laws, customs, and statutes of this Realm, seeing the statute of 25. H. 8. cap. 19 doth establish such spiritual laws only as are not repugnant to the Laws, Canon and 〈◊〉. Customs, and Statutes of England. 34 Quaere, By what authority the Bishops do practise & put in execution the Popish and Civil Laws in their Courts, seeing the statute of 1, Eliz, cap. 1. doth banish out of this Realm all foreign authority. And seeing the statutes of 25. H. 8. cap. 19 1. Eliz. cap. 1. do only respect and authorize the Canons, Constitutions, etc. Provincial and synodal, which have been made heretofore within this Realm of England. And whether the Bb. for doing thus be not in the Praemunire or at least imprisonable and finable at her majesties pleasure. 35 Quaere, 〈…〉 Whether they incroache more upon the civil Magistrate that in their Courts deal with wills, Tithes, Marriages, etc. That excommunicate for money, ●hat disable men by their excommunications to sue any accusations in their own right, 〈…〉 That make dispensations to their Sovereign under their hand and seal, That be Barons of the Realm, ●ustices of peace, And punish by fine, imprisonment, loss of limb and 〈◊〉, as the Bishops do, or they that only admonish, suspend and excommunicate, and proceed no whit at all any further, as the Eldership doth & would do. 36 Quaere, if Moses under the law, and Timothy and others under the Gospel needed to have a form of gowerning the Church prescribed to them by the Lord, whether it be likely that the Lord would commit the Church to M. Whitgift, M. Cooper, M. Bancroft, 〈…〉 and others to frame a government for it at their pleasures. 37 Quaere, if john a Style should grant there was a governement by Elders in the primitive. Apostolical and best Church, and should call the same government a popedom The Apostolical governetment called a Popedom. and tyranny, whether this did not rankly smell of detestable atheism. 38 Quaere, whether the Churches in scotlan, 〈…〉 France, the low Countries, Hungary, Polelande, Bohemi●, Saxon●e, Heluet●a▪ And the County Palatine of Rhine, and whether Zumgl●us, Occolampad●us, Melancthon, Bucer, Caluin, Zanchius, Martyr, and infinite other, the most excellent Divines in all the world, commending the continuance of the Eldership, be all anabaptists, Puritans, rebels, traitors, mare-states, mar-lawes, mar-princes, and mar-alls: and Doctor Bancrofte, Matthew Sutcliffe, etc. the only good subjects in all the world. 38 Quaere, 〈…〉 whether the Kings of France and Scotla●de, the Princes of Condy and Orange, the Duke of Saxony, the County Palatine of Rhine, the States of the low Countries, many other Dukes, Princes, Marquesses, Earls, Barons, and other Christian and noble Potentates, who have maineteyned, favoured & preferred the Ministers that stand for Reformation. And whether here in England the Right honourable Sir Nicholas Bacon, L. Keeper, the Earls of Bedforde, Warwick, and Leicester, Sir Francis Walsingham, Sir Water Mildmay, Sir Amias Paulet, & other right noble Lords, councillors, counties and Countesses would have countenanced and protected the Ministers that seek Reformation, if they had perceived them to be enemies to the Queen a●d state, worse than papists and miscreants: And whether our Prelates be more trusty to her Majesty, and provident to avoid danger, than those excellent personages were. 40 Quaere, 〈…〉 whether a Minister ought not to admonish the mightiest Prince of his duty, refuse to administer the Sacrament unto him, if he be a notorious offender and pronounce him to be no member of Christ in the Communion of Saints, if he continue obstinate in open crimes. And whether under the Law Psal. 51. 7. David and other Princes were not subject to ceremonial expiations, and the spiritual power of Priests and Prophets. And whether b 〈◊〉 L●b. 5. cap. 18. Ambrose did well in using like authority towards an Emperor. And lastly, whether Zanchius, Caluin, Bucer, Nowell, jewel, Bilson, and Bridges, approving the like, be traitors, pope's and tyrant's. 41 Quaere, why there may not be under a Christian Magistrate, 〈…〉 Pastors, Teachers, Elders, Deacons, and widows: aswell as Parsons, Lectures, or Schoolmasters, Church Wardens, Chancellors, Collectors for the poor, and Hospital Women, seeing these do and may execute in authority and power the whole form of Church-governement desired, though their practice thereof is infinitely corrupted against the Canons of the Apostles, to the danger of the Church, and dishonour of the Realm. 42 Quaere, whether the Ecclesiastical High Commission The high commis●ion like 〈◊〉 Eldership. be not in effect an Eldership, wherein some govern with ministers, who by profession are temporal Lawyers, Civillians, mere lay men. 〈…〉 And whether their government consisting of spiritual and temporal persons, be a Medley, a Linsie woolsie Discipline, as the Remonstrance calleth the Eldership which is now desired. 43 Quaere, 〈…〉 If the sole government of a Bishop in a Diocese be sufficient and most agreeable to God's word, why is there an Ecclesiastical Commission standing of many persons civil and Ecclesiastical, or if an Ecclesiastical Commission be needful in a Realm, who in a province, if in a Province why not in a Diocese, if in a Diocese, why not in a deanery, if in a Dea●rie, why not in a Parish? Lasty, why might there not without absurdity and breach of true uniformity be planted in some places already capable, Eldership 〈◊〉 some places, though not 〈◊〉 all. a Consistory or commission of Elders, though the like cannot presently be accomplished in all, seeing there be new ecclesiastical Commissions erected, Deans and Chapters, Broken music and Organs in some places, not in other. Hearken you Sages and judges of the law, it is expected at your hands, that you see Even justice done to all her highness subjects, rich and poor, without regard to any person, papist, Protestant, puritan, 〈…〉 or other. If you suffer her majesties subjecteth that sue for justice to be cited, punished, imprisoned, vexed and molested against law, by any Prelate or ecclesiastical judge whatsoever, do incur the breach of your oath, & are in her majesties mercy for your bodies, lands and goods. Pereat mundus & fiat justitia.