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

Parliament at that time to this purpose but rather for the ouerthrowe of the Hierarchie As many yet aliue can witnes who would with great vehemencie haue spoken against that matter for their owne and their friendes safety When Maister Stubs of Lincolns Inne had written against the mariage intended by Monsieur the Daulphine of France towardes hir Maiestie to the ende that men should bee terrified from writing dishonorably of hir Highnes this statute made that offence felonie which by former statutes was onely the losse of the right hande Which proueth that the ●aw-makers prouided for hir Maiestie not for the Hierarchie The Parliament hath bene more ready for Reformation then against it as appeared most euidently the last Parliament when the bill against Nonresidencie passed the lower house and had like to haue also passed the higher house by the right honorable the Lord Treasurer his meanes and other right noble Lordes who spake for it had not the Bishops laboured against it 15 Some of the lawes be faultie euen in Church matters as our Prell not popish will acknowledge reporte and write if neede be There was a lawe made by King Henrie the 8. and confirmed by hir Maiestie That such Canons Constitutions c. which bee not contrariant to the lawes statutes customes of this Realme nor preiudiciall to the Kinges prerogatiue shalbee executed as before the making of that act Amonge which Canons c. there be many vnlawful foolish thinges though neither against the lawes customes or kings prerogatiue yet repugnant to the Lawe of God As namely That women maie not sue their husbandes for adulterie that Heretikes after their death shoulde be excommunicate that there is such affinitee betweene the Godfather and the childe for whom he promiseth in baptisme that it hindereth mariage that a man maie not fast vpon Thursday That all Clearkes shoulde absteine from flesh 7. whole weekes before Easter Infinite corruptions bee in these Canons yet in force and good in lawe I suppose that our Bb. coulde be content that this statute of 25. were corrected Sure I am the Bishops in King Edwarde the 6. dayes did see manie things out of order in the Canon lawes or else they woulde not haue a whole booke for Reformation of them which booke can haue no intertainement in our time But seeing the Bb. will not deny but that some abuses be established for lawe lette them beare with others that espie greater faultes then those bee 16. Lastly many haue writen both against the state of the Church and common wealth as it was is fenced by law who were neuer accounted diffamers of our Princes Some write against Triall by battell Some against Forfaiture of Traytours landes The returne of writtes in one terme the lingring of men in prison before they come to tryall the priuiledges of Parliament men the pardoning of murtherers pluralitie of farmes c. Some against Racking Some against feined recoueries to defeat them in remainder or reuersion vpon estates taill Some against buying and selling of Wardes and such like Against the gouernement of the Church in England manie subiectes haue written neuer deemed diffamers of the King as In Edwarde the thirdes reigne did Wicleve arise one of whose articles was this That Popes Cardinalls Bishops or other Priests maie not ciuiliter dominari absque mortali peccato may not rule like ciuill Lordes without deadlie sinne Also hee taught That no Prelate ought to haue any prison to punish offendors And that no King should impose vppon any Bishop or Curate any secular matter for then both the King and the Clearke should be proditor Iesu Christi a betrayer of Christ Ies●s although the Archbishop of Cant. and the Bishop of London did put Wicleue to silence for this doctrine as their successours do at this day yet they did not call him a diffamer of the king William Swinderby a professour of the Gospell vnder Rich. the seconde helde That the more Lordship a Priest hath the neerer he is to Antichrist Also that The Priestes of the old lawe were for bidden Lordship and that Christ himselfe refused and forbad his Priests Lordships saying Reges Gentium c The Kings of the Heathen beare rule c. but you shall not doe so Piers Plowman likewise wrote against the state of Bishops and prophecied their fall in these wordes If Knighthood and Kin●wite and Comone by conscienc● Together loue Lelly leueth it well ye Bishops The Lordship of Landes for euer shall ye lese And liue as Leuitici as our Lord ye teacheth Deut. 8. Numb 5. per primitias decimas c. Geffry Chaucer also in Henry the fourthes time wrote effectually against the state of the Bb. in this maner The Emperour yafe the Pope sometime So hi● Lordship him about That at the last the silly Kime The proude Pope put him out So of this Realme is doubt But Lords beware and them defende But nowe these folke beene wondrous stoute The King and Lords nowe this amend Moses lawe forbade it tho That Priestes should no Lordships weld Christes Gospell biddeth also That they should no Lordships held Ne Christes Apostles were neuer so bold No such Lordships to h●m imbrace But smeren her sheepe and keepe her folde God amende hem for his grace Thus wrote this famous Poet against the English Bishops and yet was neuer accounted diffamer of the King though the Bb. in his time did holde their Lordships of the King as they doe now in Englande Sir Geffrey Chaucer his workes were in K. Henry the eight his daies authorized to be Printed by act of Parliament to which that glorious king would neuer haue condescended if hee had thought that the diffamation of the Bishops had beene a diffamation of him selfe In King Henry the eights time the renowmed professor of the Gospell Maister Tindall did write That it was a shame of all shames and a monstrous thing that Bishops should deale in ciuill causes And againe What names haue they My Lorde Bb. My Lord Archbishop If it please your Lordship if it please your Grace D. Barnes a right learned man at the same time did write That he would neuer beleeue nor could euer beleeue That one man may by the lawe of God be Bishop of two or three citties or of a whole Country for that is contrarie to the doctrine of S. Paul c. Maister Hooper in the daies of Edward the sixt did effectually write against the English Bish. For the space saieth he of 400. yeares after Christ the Bish. applyed all their witte onelie to their owne vocation but our Bish. haue so much witte that they can rule and serue they say in both states in the Church and also in the ciuile policie when one of them is more then anie man is able to satisfie

A petition directed to her most excellent Maiestie wherein is deliuered 1 A meane howe to compound the ciuill dissention in the church of England 2 A proofe that they who write for Reformation do not offend against the stat of 23. Eliz. c. 2. and therefore till matters be compounded deserue more fauour Open thy mouth for the dumbe in the causes of the children appointed to death PROV 31. 8. I beleeued and therefore haue I answered For SIONS sake I will not ceasse and for IERVSALEMS sake I will not holde my tong ESA. 62. 1. Herevnto is annexed Some opinions of such as sue for Reformation By vvhich is made appeare hovve vniustlie they are slaundered by the Bishops c. pag 53. Together vvith the Authours Epistle to the Reader pag. 58. Also Certeyne Articles wherein is discouered the negligence of the Bishoppes their Officialls Fauourers and Follovvers in performance of sundrie Ecclesiasticall Statutes Lawes and Ordinances Royall and Episcopall published for the gouernement of the Church of England pag. 60. Lastlie Certeyne Questions or Interrogatories dravven by a fauourer of Reformation vvhich he desireth to be resolued by the Prelates pag. 74. To the Queenes most excellent Maiestie Elizab. by the grace of God Queene of Englande France and Ireland supreme gouernesse in all causes and ouer all persons within her Maiesties Realmes and Dominions CRauing vppon my knees pardon for my boldnes I beseech your most excellēt maiesty to heare me a little All your Highnes subiects that loue the religion honour your maiesty and desire the good of the Realme doe hartily bewaile the bitter contentiō about the questions of reforming the Church Many seeke to increase this contention Some labour to appease it but this will neuer bee till the trueth in these matters be assured in the hearts of both parties I doe not nowe write eyther to pull downe Bishoprickes or erect presbiteries With whom the trueth is I will not determine For I knowe not What seemeth most probable and true to me that I knowe Howe trueth should come to light that is the question Writing of bookes in such manner as is nowe vsed is endlesse wearinesse to the fleshe matter of further contention by reason of impertinent and personall discourses The troubles of Churches and enmitie of Princes wil not admit a generall Councell A free Nationall or Prouinciall Councell at home were much to be wished so that the Bb. and their followers did not ouerrule the rest For it is against religion law and reason that the same men should be both iudges and parties Or if this be not thought so conuenient There is a way deuised and much commended by learned men as a notable meane to compounde controuersies namely priuate conferences by aduised writing not extemporall speaking the question agreed of The arguments th● answeres replies and reioinders set downe till both parties had fully said all by-matters laid aside In fine the whole to be published that your maiesty the honourable Councellours and Parliament may iudge thereof that those thinges which on eyther part are founde faultie may be redressed That all thinges be not so cleare with the Bb. but that further conference triall and reformation is requisite appeareth 1 By the lawes established which expect a better and further reformation in Church-causes 2 By the writings of our Diuines in the common cause against the papistes 3 By the confession of the Bb. them selues and such a● write in their defence 4 By their suspicious and doubtfull handling of the matters in question 5 By the testimony of learned men and christian Churches who seeme to speake against the gouernment by Bb. and for the gouernement by assisting Elders 1 The lawes expect a further reformation of the Church Your Maiesties most noble Father vnderstanding that the lawes Ecclesiasticall of this lande were corrupt prouided by Parliament that 32. persons should peruse and correct them gathering into one booke those that were good which by his Royall assent should haue the strength of lawe all other Ecclesiasticall lawes to be abandoned out of this Church for euer Maister D. Cranmer and other reuerend men were delegated to this purpose They collected into one booke many good thinges as they thought touching Aduouson of benefices Excommunication for small matters Residence of Vniuersitie men vpon their benefices Mariages without consent of parentes Nursing of children by their owne mother Diuorces for infirmitie of body Pluralities Broken Musicke in Cathedrall Churches Deacons The solemnitie of Excōmunication and abso●ution with the assent of the people and many other things which are directly contrary to the practise and orders of the moderne Bishops But this booke wanteth the Kinges confirmation and the lawes Ecclesiasticall remaine in the same corruption as your Maiesties Father left them notwithstanding the labours of those Reuerend personages and the act of Parliament which was reuiued and confirmed in the beginning of your Highnes most happy reigne 2 Also in the booke of common prayer which was sette forth by your Maiesties brother accepted by your highnes there is prescribed a Commination to bee vsed at a certaine time in the yeare not to continue euer but till an order of Discipline practised in she primitiue Church bee restored which were greatly to bee wished as the authours of that booke doe saie Yet this Commination stādeth and the Discipline there mentioned is yet wanting 3 The booke of ordering Ministers confirmed by lawe presumeth that euery Minister should be a Preacher For at the Ordination the Bishop sayeth Take thou authority to preach the word of God Yet where the Bb. ordeine one Minister that can preach they make twenty that can not 4 ●astly it is enacted That all ornaments of the Church and Ministers thereof such as are Surples Coapes c. shall be retained and be in vse as was appointed by King Edward the 6. not for vnchangeable continuaunce but vntill other order were taken by your Maiestie and your Highnes Ecclesiasticall Commissioners 2 The Defenders of our common cause expect a further Reformation Those thinges in effect be acknowledged by some of our chiefe defendours of religion against the papistes For vvhen they obiect That we are glad to borrowe their ceremonies to haue an apish imitation of their Mas●e booke answere is returned That diuers abuses in Ceremonies and Discipline were tollerated among vs our Church therein yeelding to the infirmitie of the weaker sorte which were to be altered when people grewe to ryper knowledge 3 The Defenders of the state of Bb. expect further Reformation 1 Al the Bishops in their Canons do confesse that Non-residencie is a filthie thing od●ous to men pernicious to the church yet what is more common 2 By the lawes of England in the ordination of Bb. the Archbishop should lay the Bible vpon the Bishops neck

be true In Parliaments that concerned the Bb. as parties they haue bene excluded But the law and state of England you will say accoūt these things False So the lawes of other nations account them true In matters of God as is the gouernement of the Church the lawes of God ought to determine trueth and fal●hood They only should informe the conscience of Iudges There is not alia veritas Theologica alia Philosophica one trueth in Diuinitie another in Philosophie or humanity That distinction is false and contradictory God is one his worde one his worke one his trueth one We may aswell say There be two Sunnes as two Truethes respectiuely in one thing The worde of God not lawe of man is the touchstone of this trueth Iustice Gascoine being demaunded of King Henrie the 4. what he would doe if a man guiltles in his owne knowledge vvere founde guilty of murther by verdict afore him made this aunswere although the verdict was as good in lawe as any lawe That hee would respite iudgement and craue the Kings pardon for the partie conuicted With which answere the King was well pleased Whereby we learne that our owne knowledge and the lawe of God assured in our conscience ought rather to guide our iudgement then the verdict of law or testimonie of men Seeing then that the seekers of Reformat haue not writen neither doe write Aduisedly Maliciously or Falslie muchlesse both Aduisedlie Maliciouslie and Falslie to diffame her Maiesty for the wordes be in the copulatiue I conclude in this generally negatiuely to the aduersaries argument though I should admit it to be true yet considering these things doe not cōcurre in writing of bookes for Reformation that they bee not within compasse of this statute 2 This statute is not meant of her maiesties lawes her politike members or state of Bb. but only of her Highnes Royall person as appeareth by wordes and drift thereof It is taken almost verbatim from an act made by King Philip Queene Marie which throughout still aimeth at their owne persons Of whom the statute saieth but could not meane of their members politike or lawes Wee are forbidden by Gods lawe so much as to thinke ill much lesse to speake ill This act determined with Queene Maries life In this statute of 23. the preamble importeth that it vvas made to suppresse such persons as were ill affected to her maiestie The body of the lawe bendeth against them onely that slaunder the Queenes most excellent Maiestie that nowe is By the last prouiso in it this acte hath no longer continuaunce then during the naturall life of hir Maiestie that nowe is The state of Bb. vnles God shorten it and the politike members and lawes if speciall prouisoes doe not choake them are to continue euer Wherefore this statute being meant of her Maiesties naturall person which is subiect to mortality aswell as other and not of her body politike which liueth euer they that diffame the members of the body politike can not be truely saide to diffame the Queene as this statute doeth intende 3 By the wordes of this statute If any offend● in vvriting bookes to the diffamation of the Queene the same offence not beeing made treason by any other statute such diffamation shalbe deemed felonie By the wordes Other statute is meant among the rest a lawe made 13. Eliz. c. 1. Whereby it is enacted that whosoeuer shall publ●she that her Highnes is an heretike schismatike tyrāt c. shalbe punished as a traytor By comparing these statutes which haue apparant relation the one to the other it should seeme that by the one namely that of 23. her maiesties honour is protected from pe●ite slaunders such as in temperancy vncleanenesse and such like and by the other grand slanders are preuented as heresie schisme tyranny and such like The one adiudged felony the other treason Out of which statutes I reason thus If the Seekers of Reformation diffaming her maiesties lawes and members politike doe diffame the Queene and are there fore felons by the statute of 23. Eliz. then they that in a higher degree diffame the lawes and body politike doe diffame her Highnes and are traytours by the statute of 13. Eli. But the papistes diffaming her maiesties lawes in making the articles of Religion established by law flat heresies and accounting of the Bishops as hereticall schismatical and vsurping doe diffame the lawes and members politike of the Queene in a higher degree then the Seekers of Reformation yet were neuer taken and punished as traytours for diffaming the Queene though they haue by monstrous conspiracies horrible practises giuen cause of extreame rigour Therefore the seekers of reforma diffaming the Queenes lawes and body politike doe not diffame the Queene nor are felons by the statute of 23. Elizab. 4 Euery penall lawe concerning life is to be expounded strictly according to the literall and grammaticall sence not by inference or equity as appeareth by these examples There is a statute that whosoeuer doeth call her Maiestie heretike bee traytours as I noted before The papistes call all Protestants in generall Heretikes yet they be not for such speeches drawne within the statute though they doe inclusiuely call the Queene heretike Moreouer None that feloniously steale horses shall haue their cleargie Accessories to stealers of horses be stealers of horses both by the lawe of God before whome euery sinner is a principall and by the lawe of this lande For if they cannot reade they shall suffer as felons Yet accessories to stealing of horses shall haue their cleargie though in nature there is the greatest proximity and in argument the most equall inference and easie slide from the generall 〈◊〉 the speciall that can be imagined Lastlie because I will not insist in a matter so common the same statute of stealing of horses affordeth the like learning Therein it is saide that No stealer of horses in the plural number shall haue his cleargie Which number is often in common speach and in penall lawes touching landes goods taken Synecdochechios for the singulare Yet King Edwardes Iudges pursuing the precise letter of the statut were so scrupulous for the life of a man that they durst not deny the benefite of the Cleargie to him that had stolne one horse Whereupon the wise of Englande whome we are more to regarde then any one man made a newe I awe That whosoeuer stole any horse should not be admitted to his cleargie These Iudges that would not wrest a law one heare breadth against a horse stealer would haue bene as fauourable to honest Christians But some thinke that we haue cheuerel lawes that may be recked stretched at mens pleasure wheras penall lawes that touch mans life haue beene alwaies expounded in a most strict sence This statute of 23. is a penall lawe concerning the body life of man The expresse syllables and wordes directed onely against them that diffame