and which he hath set downe in malitious Articles and interrogatories shall be answered neither doe I meane therein to omit any speach that shall seeme any way pertinent to purpose being loth he should say he was not answered Wherein if you see no colour or shew of reason for this newfound platformes or proofe of his accusation consider then I pray you first what indignitie hath ben offered by this libellor to the Church of God to her Maiestie and her lawes to the Ecclesiasticall state and such as liue in obedience of lawes and secondly what they deserue that haue offered this indignitie vnto so many and honorable persons and brought this scandale into the Church of God the common 1 Rescius iâ— ministromach aduersarie maketh profite of those shameles slaunders which those vnciuil and vnlettered authors of the Admonition haue vttered against the Church the aduersarie triumpheth to see this contention disordered companions take occasion of contumacie and rebellion when will the gouernors vse like diligence to represse them If then you loue religion her Maiestie and the state you will not suffer such notorious reuellors at lawes and gouernors if you be desirous of trueth you will no more be abused with vaine gloses H. Nicholas hath painted his booke with quotations as full as T.C. he vseth the same stile and seemeth to haue the same erronious spirit He saith as well as T.C. that for Sions sake 2 In euangel regni he will not holde his peace and yet nether of both speaketh to purpose nor to the edifying but rather the pulling downe of Gods Church and therefore seing both the authors and their dealings haue bene tried let them be both dealt with all and esteemed according to their deserts It may be these felowes looked for answere of her Maiestie and to say sooth the Magistrate were most fitte to shape aunsweres for such disordered petitions but in the meane while it may please them to accept of my answere they are no such high persons but meaner men then her Maiestie may answere them reason it is seing they put their petition in print they should also receiue a printed answere and seing they chalenge me they should heare my answere And let them not thinke but that howsoeuer their malice is repressed by lawe their fond assertions and cauils shal be refuted by reason That trueth may appeare I haue done my endeuour God is my witnesse I seeke for nothing but trueth and peace there rosteth then nothing but that trueth be embraced and lawe maintained for little auaileth it to knowe either if by faction mutinie lawes may be broken trueth oppressed to make trueth and Iustice knowen it belonged to vs to defend the same belongeth to Magistrates to wish the same to all reade therefore and iudge and seeke the maintenance of Iustice and trueth without which neither Church nor state can be well gouerned AN ANSWERE TO A CERtaine calumnious Petition and also to certaine Articles and Questions of the Consistorian faction CAP. I. Wherein is declared that the authoritie and state of Bishops as it is vsed in England is lawfull and the Petitioners cauils brought to the contrary answered ALmightie God when he gaue Magistrates and Lawes vnto his Church appoynted first and next vnder the soueraigne Magistrate one high Priest to haue the 1 Deut. 17. leuit 13. exod 28. nom 3. 4. superintendence of the affaires of the church and vnder him 2 1. Chron. 24. 25. diuers heads of their diuisions that things might be done in order And lest wee might suppose that this was but a ceremoniall constitution vnder the Law of nature the chieftie of the Priesthoode ouer all his was first in Noe then in Sem then in Abraham then in Isac and Iacob afterward in the 12 Patriarkes which for many yeres gouerned their whole families both in matters diuine and humane If equalitie of ministers had bene so profitable no doubt God would haue vsed that order in his Church The Lawe ceremoniall ceasing our Sauiour ruled his Church as soueraigne Bishop of our soules he adioyned no fellowe aldermen to himselfe Departing this worlde he gaue commission to his disciples within those places where they remayned to gouerne the church So we reade that they did excommunicate alone that they did ordeine ministers alone yea and did by superiour authoritie order both the affayres and goods of the church Paul did excommunicate 3 1. Timoth. 1. Alexander and Hymenaeus Peter as Beza confesseth by the swoorde of excommunication strooke Ananias and Saphyra alone Beza aduers Erast Paul ordeined Timothy and Titus and Timothy and Titus ordeined other ministers The Apostle Paul prescribeth orders and lawes to Timothy and Titus and their churches the populer gouernement which our platformers commend was not so much as in time of persecution vsed This was the practise of the Apostles successors likewise Saint Iohn writeth to the bishop of Ephesus to the bishop of Smyrna and likewise to the seuerall Bishoppes of other Churches to them hee giueth directions them he reprehendeth for bearing with the wicked which if they had had no authoritie aboue other Ministers had bene very vnfitting All Ecclesiasticall stories writing of that argument giue witnesse that seuerall Bishops succeeded the Apostles at Rome Constantinople Alexandria Ierusalem Antioche other famous Churches Saint Ierome and diuers other ancient writers testifie that Marke ruled Alexandria as Bishop which happened in Saint Iohns time All counsels giue preheminence to Bishops ouer other Ministers and to the counsels the fathers subscribe by infinite testimonies whereof it may appeare that excommunication ordination and the gouernement of the Church next vnder the prince did belong to Bishops the wordes I haue set downe heretofore in my English booke written against this counterfeite newe discipline Saint Ierome hath a most pregnant place for excommunication Ieronym aduers vigilant where hee wondereth that no one Bishop could bee found to excommunicate Vigilantius and if all the gouernement of the Church was committed to Bishops no doubt but that they disposed of these matters also When in our times religion began to be reformed the chiefe learned men that then liued and tooke paines therein In histor Apologia confess August protested in their publike writinges to the entent that all posteritie should knowe it that if Bishops would embrace religion they would most willingly submit themselues to their episcopall iurisdiction accompting in most godly and expedient for the Church Melancthon vseth many speeches to that purpose fearing that if the authoritie of bishops were reiected a greater tyranny would succede and Caluine likewise to Sadolete protesteth that he misliketh not Episcopal authoritie Neither can any thing bee deuised more absurd then that equalitie of ministers which is brought in to ouerthrow Bishoppes for no gouernement can be without superioritie neither can any thing bee well ordered where there is no speciall care in some one it
is against all lawe all practise yea against all reason Therefore euen the malcontent disciplinarians that take away the name giue notwithstanding the authoritie of Bishops to their rulers of Synodes in whome if the same were as they say vnlawfull no reason it should bee continued any little time And further vpon the wordes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denying superioritie to Bishops ouer ministers they doe notwithstanding giue an vnbrideled and absolute authoritie to the Consistories These arguments and others which I haue set downe stand vnanswered that which is sayd against bishops may be most easily and hath often bene answered neither doth this vnlettered fellow bring either new arguments or confirme the olde nay he leaueth all arguments which his fellowes haue brought out of scriptures therein shewing good iudgement for in deede it is absurd to thinke that bishops may be ouerthrowen by scriptures vpon which their authoritie is built I wonder with what face after so many proofes brought in this cause hee durst goe about without arguments to ouerthrowe that which hath such grounde vpon scriptures lawes reasons onely for a shewe he hath brought a number of names of * Pag. 10. 11. counsels fathers Churches and late writers but when the matter shall come to triall it shall be found that they doe all forsake him in this cause and that both they and infinite more then these speake against him I answere therefore first generally that it is no good argument that in this cause is drawen from Daneau Tauergues Perot Chauneton Carpentier or other of their faction Secondly that these counsels and fathers and Churches and learned men which he quoteth haue not oppugned Bishops or their gouernement The canons of the Apostles are placed in forefront of this aray against Bishops Can. 6. c. 80. not that they speake against thē but for that it pleaseth the petitioner to make some shewe in the entrance of his matter of apostolicall authoritie in the sixt Canon there is no mention made of Episcopall iurisdiction so that it may appeare that he looked not on the place It may be he meant the seuenth Canon for there both Bishops Priestes and Deacons are forbidden to meddle with worldly affaires and in the 80 Canon Bishops Priestes are charged not to intrude themselues into publike charges But neither place maketh one word against the superioritie of Bishops ouer Ministers nor their authoritie in ordination excommunication and other Ecclesiastical matters for which they are alledged nay contrariwise they giue ordination 1 Can. 2. 36 of Ministers to Bishops and plainely distinguish 2 c. 1. 2. 40. Bishops and priestes giuing to Bishops both superioritie ouer priests and also the 3 c. 40. 41. disposing of the affaires of the Church that Bishops in the primitiue Church were excluded from ciuil charges the reason was for that the Emperors were yet heathen and therefore without danger of impietie none could deale in office vnder them and in those times the offices about collection of the Emperors rentes were 4 ff de decurionib burdensome and dishonorable and therefore no maruaile if Bishops might not beare them last of all they were subiect to accomptes yet howsoeuer it was the Canons forbid not Bishops to susteine a charge imposed vpon them but ambitiously to seeke such charges generally seculer matters were not forbidden Bishops as may appeare in the same Canons 5 c. 41. so that neither doe these places make against our bishops vnder Christian princes in common wealthes wherein they are subiectes as wel as others and by their authoritie helpe their calling yea and the whole ministerie vnder them and no way hurt it neither doe they fit the petitionners purpose For Bishops by their episcopall office doe claime no ciuil authoritie nor doeth it folowe because Bishops may not beare certeine ciuil offices that therefore they are not to exercise episcopall authoritie as the petitionner doeth insinuate Next to the Apostles Canons as they are called hee citeth the 6 counsell of Carthage 19. c. but there do not appeare any Canons to haue beene made in that counsell so wide is the man from his marke commonly his fellowes vse to alledge the 4 counsell and 18 and 19 Canon yet doe not these canons fit their turne for nothing is there spoken against the office of Bishops either in ordination or contentious iurisdiction onely Bishoppes are forbidden to take on them the execution of testaments which notwithstanding hath 1 Concil Chalced. c. 3. exceptions and to bee common quarrellers in lawe which no man thinketh conuenient neyther canon maketh any thing to the purpose were not this man without discretion he would neuer alledge this counsell against Bishops that so 2 c. 3.27 31.55.68 diuersly confirmeth the authoritie of them and condemneth such 3 c. 57 67. libellers and raylors as the authors of this petition Neyther doth the counsell of Chalcedon decree any thing against the state of Bishoppes the Canons alledged onely forbid them as the puritane Ministers whereof some are grasiers some fermers some malsters doe vse to doe to hire grounds which payd rent and tribute to the Emperor or to deale in ciuil affaires or warfare least therby they should neglect their ministerie a pregnant place against diuers of these counterfeit hypocrites that shaking of their Ministerie and disdeining the base accompt of it trade in vsurie marchandise fermes and other such like occupations giuing ouer themselues to serue mammon This counsel maketh nothing for the cause of Puritans for it establisheth the authoritie of Bishops and Archbishops and condemneth such malitious and factious persons as they are that by 1 c. 17. calumnious accusations conspire the hurt or disgrace of their bishops The Petitioner doth also alledge the 6 counsell of Constantinople yet doe we not in the bookes of counsels finde any of that number nor in any counsell holden at Constantinople any thing against the authoritie or dignitie of bishops it may be he mistooke the 6 counsell of Constantinople for the 6 synode yet doeth not that speake against bishops but rather enacteth diuers 2 Synod 6. ca. 9. 10. cannons against vsurie a practise which Th. Cartw. and W. Ch. and others might doe well not to vse and for the dignitie of bishops many 3 Synod 6. c. 31. 36. 37. places To let vs further vnderstand his ignorance hee quoteth the 3 counsell of Turon whereas there were neuer but two there in neither of them any word sounding against the authoritie of bishops perhaps he meant by names of coūsels to face downe simple men or thinketh it no sinne for the glory of the consistorie to lye I beseech him to shewe vs where this 3 counsel of Turon may be found and then he shall haue further answere Beside the new third counsel of Turon he hath deuised a new counsell also of Macra which course if he hold on I
well Bishops and Priestes and not these newe Aldermen which albeit they bee mute in pulpits yet are they mouthy inough in Consistories The opinion of Augustine concerning the estate of bishops is sufficiently knowen for hee thrusteth them among heretickes that deny their superioritie In which croude let this Libeller and his fellowe T. C. goe packe out of the Church together with Aerius their ringleader and an olde master of an hospitall and a famous hereticke himselfe was also a bishop and gouerned his clergie and church with as great power as nowe doe our byshops neither doeth he in eyther of the places 2 De opere monach c. 16. de ciuit der lib. 19. c. 19. quoted say any thing against them Hee condemneth not the state of bishops but their worldlinesse and not the dignitie of bishops but such as sought honour and would not endure labour which negligence wee doe not defend in any neither was hee so scrupulous in distinguishing ciuill and ecclesiastiall causes as these seeme to be for in his booke de opere Monachorum alledged by this Petitioner he doth declare that hee dealt himselfe in ciuill causes notwithstanding he was a bishop and that he hoped God woulde reward him for it Neither is there in 3 In Tit. ad Ocean Hieroms whole workes any worde sounding to the disgrace of bishoppes Hierome maketh the termes of Bishops and Priestes common in the Apostles time but that bishops and priestes should nowe be equall in power and dignitie hee neuer concluded nay hee saith that the superioritie of bishops is an Apostolicall 1 Ep. 85. tradition and borrowed of the analogie betwixt the Lawe and the Gospell and confesseth that it began in the Apostles time accordingly hee vseth Damasus Bishop of Rome and all bishops with great respect The authoritie and credite of Ambrose both with the Emperour and people and his iurisdiction in ecclesiasticall causes was farre greater then that which our Bishops haue Is it then thinke you likely that a bishop woulde speake against Bishops nay he is sayde himselfe to haue exercised the Church censures against the Emperour and giueth ordination to Bishops and calleth them the Apostles successors The place of Ambrose commonly alledged 2 Ep. 33. against Bishops ciuill iurisdiction maketh nothing against the state of Bishops for in England no Bishop hath ciuill iurisdiction as hee is a Bishop but as hee hath it by commission which to refuse were not onely a weakening but a deniall of loyaltie neither doth Ambrose forbid any to take ciuill iurisdiction but to followe worldly cares and to giue ouer their ministerie and as diuers of this faction haue done to throwe off the robes of the ministerie and to runne in their lether Ierkins after worldly gaine and pleasure That Ambrose esteemed highly the office of bishops is apparant for hee 3 In eph 4. saith that those that are nowe called bishops succeede in the charge and place of gouernment of the Apostles Chrysostome taketh to himselfe the power of excommunication yeeldeth to bishops the power of ordeining 4 In 1. Tim 4. epist Paul ad Philip. homil ad pop Antioch ministers ouer whom he giueth them authoritie himselfe was a bishop of great power and authoritie hee condemneth certaine heretikes which would not yeelde the due titles to bishops but called them onely 5 In Psal 13. reuerentia tua dignitas tua and such like termes condemned by Chrysostome reuerend and worshipfull euen like to the platformers what shame then haue these fellowes that blush not to make either so holy a bishop contrary to himselfe or manifestly to belye him and slaunder him wherefore let the words of Chrysostem against bishops be brought forth if hee bring them not Hom. 2. in epist ad Phil. euery man will take him for a plaine false coyner of authorities which nowe is in part apparant he saith that the names of bishops and priests were all one but that all bishops and priests should haue equall authoritie he saith not nor euer thought That Gregory the great is alledged against bishops is a matter most miraculous for in his time the bishoppes of Rome were come to extraordinarie greatnes incroched not only vpon their neighbors but also vpō most christian Churches so far was he frō condēning the state of bishops in the preface to his dialogues if they be his as is most vnlike he reprehendeth those that waxed old in worldly desires which neither in bishops nor other is to be alowed against episcopal authoritie he saith nothing the power of bishops ouer priests euery wherein his epistles he commendeth The quotation out of Hillary maketh nothing to the purpole hee reprehendeth Constantius the Emperor for aduancing bishops aboue the degree of bishops but that maketh for bishops and not against them for hee disaloweth not the state but the Emperors too much forwardnesse in giuing Arrian bishops too much honour and credite The Libeller hath a strange sight in 1 Ep. 67. Synesius if he thinke that he spake any thing against bishops percase he had on his 2 Those dreames that passe through horny doores as Homer feigneth are vntrue for horne is not trans parent horne spectacles when hee read them without such sight nothing is to be found in Synesius against our cause If he would haue made any conclusion out of him he would haue acknowledged so much him selfe He alledgeth with like iudgment Nazianzen his oration aduersus Maximum yet in all his works is there not any such oration found there is an oration of such matters as Gregory did against Maximus but concerning the superioritie of bishops there is nothing therein least of all any thing against bishops neither is it like he would speake against bishops himself being a bishop alowing the state of bishops he gouerned with authoritie his 1 Cum auctoritate hic praesidemus haec multis ex vobis tamquam lege sancimus Nazianz. in orat de modest in disputat seruanda words were obserued as lawes in the church he saith 2 Ibidem there is order while bishops commaund and others are ruled of such as these felowes are that wil neither obserue order nor rule he complaineth and commendeth that which they despise only he speaketh against ambitious seeking the greatest bishopricks and highest places wishing that the principality should be remoued rather then such incōueniences admitted Origene 3 In Esaiam hom 6. giueth most ample titles authority to bishops euen in the same place where he is supposed to speake against thē onely he would not haue them insult nor tyrannise ouer the people which the bishops of England neither doe nor can doe according to lawes but the Aldemen of the consistorie whose word is proofe and will law and against whose wrongs there is no sufficient remedie by appeale they do properly tyrannife yea oligarchize and therefore against such cruell tyrants Origen declaymeth and we
for such men when Luna is praedominant in their heades 18 Quaere whether it be a matter tolerable and beseeming wise gouerners that clownes and men of occupatiō should determine matters of religion or that ideots should iudge of lawe and gouerne all matters ecclesiasticall and by what rule of diuinitie it may be surmised that an ignorant man being chosen an Elder shoulde sodenly be endued with new graces and as Th. Cartw. the great disciplinarian patriarke faith become a new man as if he were new perboyled in Peleus his tubbe 19 When the Consistorie consisteth of 13 good men and true whereof sixe looke one way and seuen another Quaere why the odde voyce should make the sentence of seuen to be the determination of the Church and whether this be not an odde discipline where one odde man maketh a determination to be called the Churches determination 20 Quaere by what lawe Doctors Pastors and Deacons make one corporation seeing in no place of scripture they are mentioned together nor by any authoritie or commission are linked together 21 Quaere by what authoritie the Ministers of forreine churches take on them to prescribe formes of discipline and new lawes vnto our Church seeing they teach that all churches haue equall power and whether this be not a foundation to a new popedome 22 Quaere whether all the errours of Barrowisme doe not folowe and may be concluded of Th. Cartw. Wat. Tr. and Dud. Fenners positions and whether this sort of men is fit to deale with those sectaries and ought not rather to be driuen to make a publike recantation of their foule opinions 23 Quaere in case a musterd seller or chandeller should be chosen a churchalderman and thought worthie to iudge of the highest matters of religion who should all that while furnish the common wealth with musterd and candels and whether that their sentences would not sauour ranke of musterd and tallowe and how many candlesellers or men of occupation they finde to haue bene present in Synodes of olde time at the debating of pointes of religion 24 Quaere whether the disciplinarians doe not flatly deny the principall pointes of her Maiesties supremacie and take from her power to ordeine rites and orders for the church to nominate Bishops to appoint Ecclesiasticall commissioners and to delegate learned men to heare the last appeale from the Ecclesiasticall courtes to call Synodes and other authoritie giuen to the prince by the lawes of England and endeuour to bring in forreine lawes and iurisdiction repugnant to the statutes of supremacie and her maiesties prerogatiue and the lawes and liberties both of the Church and all her maiesties subiectes 25 Quaere if the establishment of the consistoriall discipline in the Church of England would not ouerthrowe infinite statutes most of the Common lawes diuers courtes of Iustice the two Vniuersities and innes of court and finallie the whole state and whether the Vniuersities in places where this discipline is entred be not decayed and the state shaken notwithstanding that the power thereof by diuers lawes contrarie to the rules of discipline is abridged 26 Quaere how many sound diuines or learned men there are that haue bene bredde in the places where this discipline is receiued and whether they haue not parted the Church goods among themselues where they were masters as the soldiors parted Christes coate giuing some little portion backe againe of the whole least they should liue all together without religion 27 Quaere whether it be likelie for the vaine hope of a hundred poundes pention depending on the vncerteine pleasures of marchants men of occupation and husbandmen that yong men of towardnes will giue themselues to the studie of diuinitie and what braue youthes are made ministers within the disciplinarians iurisdiction 28 Quaere how the spoyles of the Church which these men haue made in all places where they rule are bestowed and what portion thereof is come to the maintenance of learned men or learning 29 Quaere what commodities her maiestie doth receiue now by renthes subsidies first fruites patronages lapses custodies of bishops temporalities and how much the same amounteth vnto likewise what seruices she hath now by the Ecclesiasticall state and their followers and whether shee should not loose both great reuenues and make many faithfull seruitors vnable to serue her if this inkepot discipline shoulde come in place and if any man say that the same should be bestowed vpon noblemen and knightes and gentlemen that should succeede in the place of others let inquire be made whether some puritane dame doe not spend in apparell more then the reuenues of diuers cathedral churches and whether it would fall out that the reuenues of the Church would bee wasted vainely which now mainetaine manie able men to doe the prince seruice 30 Quaere whether in all places where the factious disciplinarians haue set foote in this Church they haue not set the people against their pastors and deuided the people among themselues and hardened mens heartes and made them without naturall affection and lifted vp their followers in pride and vanitie and made the people farre worse then before and sought nothing but their owne profite and aduancement 31 Quaere whether it be not a dangerous point to this Church and state that we are so much vrged by some to imitate the course helde for reformation by them of Geneua and Scotland heretofore considering the dangerousnes of their plattes and the effectes that followed vpon them and the vnsounde diuinitie whereupon they are grounded 32 Quaere by what point of discipline they of Geneua expulsed their Bishop and liege Lorde and right Countie of Geneua and what reuenues of the Church they seased into their handes and what portion they allowed backe againe to the poore ministerie and whether it bee not capitall in that state to speake for the estate of Bishops which pointes cleared it will appeare what reason they had first at Geneua to inueigh and declaime against the state of Bishops Quaere whether the peremptorie dealings of the ministers of Geneua and some others adhearing vnto them and the greedie sacrilege of their abbettors and followers and the vtter subuersion of the ecclesiasticall state which this antischolasticall and fantasticall discipline doeth euery where worke haue not greatly hindered the reformation of religion in France and other places and is not still likely to hinder the same vnlesse the same be newly recocted and reformed 34 Quaere whether the disciplinarians doe not deliuer doctrine as dangerous to princes as Rosse Sanders Allen and other papistes namely concerning excommunication deposing and murdering of princes that withstand the religion and reformation which eache of them respectiuely desireth 35 Quaere whether 1 History of the Church of Scotland pag. 213. Knoxe saide truely of Caluin and certeine other Ministers then residing at Geneua and if hee reporte their doctrine truely whether they holde a sounde point of doctrine teaching That it is lawfull for
haue good cause to speake Bernarde 4 De consid ad Eugen. lib. 2. speaketh against the Pope for clayming soueraintie in both swordes which no bishop in England claymeth neither doth any bishop by his episcopall authoritie exercise the materiall swordes as the Pope doeth and therefore as Bernards reasons are good against the Pope so are they not to be vsed against our bishops neither was it euer Bernards meaning to condemne the prerogatiue of bishops allowing the same in so many of his epistles and writings and commending so highly the bishop of Rome notwithstanding his infinite abuses he 5 Serm. 66. in Cantic non est mirum si ordinibus ecclesie deirahunt si mandatis non obediunt bitterly inueigheth against those heretickes which for their apish imitation of the Apostles called themselues Apostolickes because they condemned prelacy and therefore calleth them Stultissimos obstinatissimos Thus the man or at least his partakers haue sought euery corner of the Fathers and yet finde nothing against the prerogatiue of bishops therfore is hee glad to flye to the practise of late churches late writers but the conclusion which he draweth from them is most weake for admit that in Geneua in France Flaunders and other churches they haue not bishops of such quality in all respects as wee haue no more haue other churches such Elders as they of Geneua haue it is sufficient that we haue such bishops as in time past they had at Ierusalem Constantinople Alexandria Antioch Carthage Seuil throughout the world before that the cornercreeping Aldermē crept out of the slime of fond mens inuention that the bishops in reformed churches of Almayne haue episcopal authoritie ouer other ministers in ordination of ministers correction of maners so that they are to be blamed that digresse from all antiquitie yea and later churches not we that agree with al former times and the Almayns for both they the Danes albeit some of them mislike the names and most of them haue taken away the liuings of bishops yet reteine still their authoritie and office in their superintendents generall superintendēts and had done better if also they had reteined the liuings rewards of learning stipends of ministers wherefore let the libeller cease to obiect vnto vs the Heluetian and Dutch and Danish churches for they differ farther from the Geneuians then from vs and the petitioner himselfe 1 Pag. 10. confesseth that they haue authoritie though not so much Of late writers I know none of name that hath condemned our bishops euen the chiefe authors of this innouatiō Caluin and Beza as may appeare by their letters which are to be shewen speake euery where honourably of them Zanchus greatly extolleth that order onely Beza as some say hath written a foolish 2 Entituled The iudgement of a learned man beyond the sea pelting discourse wherein he would proue our bishops to proceed of men as if himselfe were a bishoppe of God and Daneau in that poynt consenteth with him taking himselfe also to be a bishoppe of God and yet the Geneuians when through weakenesse of body sicknesse and age hee coulde not execute the ministerie shut this bishop of God from his liuing and forced him through want to depart out of their Citie Bullinger and Gualter and diuerse learned men of Suitzerland and Germanie haue by letters and writings allowed our bishops yea 1 Histori confess August Melancthon Camerarius Sturmius wished to God they had such in their Countreys neyther did any of these that are named by the libeller euer speake against other then papisticall bishops let the worlde then iudge what honestie or shame was in this companion that alledgeth Luther Melancthon Bucer Caluin Beza Bullinger Zanchus Erastus Gualter and Mounster against our bishops whereof some neuer spake of them others neuer spake of them but with reuerence and none against them and 2 In diuers of his letters to be shewed Beza complaineth of some that drewe his wordes vttered against popish bishops against our bishops If therefore the libeller do not bring forth some other places then these hee hath quoted there is no cause but that euery man shoulde take him for a forger of false writings and an abuser of his reader But suppose Beza or Daneau or some other of that sort shoulde write their pleasures in priuate letters or in their imperious paltrie pamphlets who would not be ashamed to oppose these two or all their headie followers to Ignatius Dionysius Chrysostome Augustine Ambrose Hierome and all antiquitie yea to most writers of late times And if these men that patronise the consistorie which cannot stand with bishops for in deede there is no agreement in gouernement betwixt the rusticall fauni and the muses betweene learned men and men of occupation betweene clownes and schollers if these I say doe not speake against bishops wee may not thinke that bishop Iewell orbishop Elmar or bishop Bollingham or others that haue written in defence of the state haue vttered any thing that soundeth to their disgrace 1 In his Apologie Bishop Iewell expressely defendeth the degree of bishops aboue priestes and good reason for it is the publike doctrine of this Church and those that goe against it make this Church to reuoke a part of their publike confession and doe more harme by their secret trechery then euer did Harding by his open enmitie neyther can there be a greater scandale or dishonour offred to religion or the state then that we should now alter the publike confession of faith made by our Church Iewell saith that the office of prince and bishop is distinct and no man denieth it for no man by the office of bishop challengeth as doth the pope soueraigntie of both swords but if any conclude because bishops ciuil officers are distinct that a bishop shal doe no ciuil office he wil conclude that hee may not looke to his house nor do the office of a subiect nor fight for his country which is a nice point of puritanisme and little better then trechery and by the same reason should ministers be excluded both from gouernement of colledges and hospitals and al offices in the vniuersities whereto our puritanes ambitiously aspire are as great canuasers as any notwithstanding their ministerie or puritanisme Neither can master Nowels words be stretched against bishops for what if Christ would not receiue riches or dominion of the deuil may not a minister receiue a benefit of a Prince or because Christ forbade them to rule as Princes may they do no offices of good subiectes but liue like traitors or like puritanes that liue in open contēpt of lawes if then the petitioner had any conscience he would not alledge Mr. Nowel against bishops whose authority he mainteineth against Dorman and whose resolution for this present gouernement is sufficiently knowen Master Bilson distinguisheth betwixt apostolicall gouernement and princely gouernment but hee
forger be packing that without authoritie maketh out new commissions and new lawes Their desire is that euery congregation c. might haue one Petitioner or two sufficient teachers c. faithfully labouring in the worde of God or doctrine If their congregations be as great as shires Answere two would be too litle for euery such congregation and besides that the course that is alreadie taken for preachers is better then they can deuise any For now in diuers shires there bee hundreds of preachers distinguished in parishes If euery parish bee a sufficient congregation as in deede it is how shall two bee maintained in euery parish where as nowe not euery tenth parish with the liuing that belongeth to the Church is able to maintaine one preacher Doth he thinke men wil enlarge their liuing If he doe he doth but dreame And as for the deuises of him that cogged vs forth the motion with submission sounding an alarme to the sacrilegious spoyle of the Church they would bee the ouerthrowe rather of learning then the maintenance of the ministerie for other great birds gape for that pray As for these poore dawes when they haue made way for others they may go picke wormes for any part they can get thereof themselues when Abbeyes were ouerthrowen 1 That appeareth by the preface of the statute concerning that poynt erecting of schooles hospitals and colledges of preachers was pretended but whither the spoyle went wee doe well vnderstand and doe not thinke that there will be other prouision nowe then was then or that men will in spoyling bee more religious now then some were then They woulde haue assisting elders Petitioner c. that should not encroch on the magistrates authoritie and they would haue the most honest and sufficient men togather for the poore and keepe the treasure of the Church The treasurie of the Church woulde bee so thinne Answere if this deuise of elders and lay deacons shoulde take place that they shoulde not neede to take any care for the keeping of the treasurie At Geneua and in the reformed Churches of France as they call them the treasurie is all but one poore almes boxe They neede not feare robbing why then should any that fauoureth the Church like of their beggerly deuise or of assisting elders proctors for the poore that are but new conceits calculated by a glasse of wine vnknowen to scriptures fathers and antiquitie and borne out with sacing and sauour of nought but sacriledge Neyther can his aldermen nor lay deacons bee prooued nor doe they abstaine from encroching vpon the magistrate nor will any such men as hee supposeth take on them the base function of lay deacons and therefore all these desires are nothing but a fardell of foolerie They would haue olde helpers so quallified Petitioner as the Apostle commandeth 1. Tim. 5. Doe they knowe what they would haue Answere Let them shewe eyther commandement in scripture or practise in the primitiue Church or Church of Geneua of their olde widowes and then I woulde hope they had some care or knowledge what they desired if they cannot then I woulde pray some yong helpers to helpe vs away with such old fablers They would haue all these ordeyned in such maner Petitioner and by such persons as the word of God practise of the primitiue Church and moderne Churches doth warrant What if these moderne Churches neyther agree among themselues Answere nor with the worde of God nor primitiue Church will you not then confesse that you require things not coherent and that cannot stand together Looke where you finde any lawles counterfeite lay elders in the ancient Church or where any ordeyned but the bishop looke whether at Geneua there bee consistories in euery parish and what authoritie they haue And see whether Scotland doth not condemne imposition of handes and diuers orders which Geneua alloweth All these deuises cannot stand together and therefore if you had learned any thing in lawe you might well vnderstand that forasmuch as you alledge things contrary your libell and petitions are to bee reiected They desire synodes particuler prouinciall and nationall Petitioner and moderators of them They must shew better reasons Answere or else no man will regarde their desires Oecumenicall synodes and synodes of diuerse nations they exclude and ridiculously distinguish particuler from prouinciall synodes and make particoloured synodes and a mash of lawes fitter for sicke horses then men And by the same they goe about to ouerthrow the ancient gouernement of the Church the lawes of the Realme the prerogatiue and reuenues of the Crowne and to say all in one worde both religion and learning They woulde Petitioner that the partie grieued might appeale from the particuler congregation or synode at the first instance to the magistrate This seemeth to mee a poynt that will hardly bee prooued Answere for the common receiued opinion is contrary Beza doth flatly deny it and others exclude the prince from all iudgement yea and office in ecclesiasticall causes This fellowe therefore is the onely singuler doctor of discipline that giueth cognition of appeales from synodes to the prince But marke I pray you the ridiculous ignorance of this simple fellowe first he would haue the appeale from the synode or particuler congregation in the first instance And yet euery man may see that the first instance was where the cause was first begunne that is in the parish or consistorie and not before the synode Secondly he wil not say that any man may appeale in the last instance for that were too much as hee thinketh so that still running on in the disloyall tunes of puritanes hee taketh from the prince the last cognition and giueth it to his synodes They desire that such people Petitioner as be alreadie capable and willing to liue as becommeth Churches of Christ might liue as they bee commanded by Christ If euery man might liue as he list Answere so hee coloured his pretence with Gods word and Christes commandement there would neyther papist nor other heritike be repressed for euery man maketh religion and Christs commandement a couer for his pretences But gladly would I he should answere me this question whither hee doth thinke that none doe liue as becommeth Churches of Christ but such as haue his dogbolt deuises of elders and their doltish gouernement if hee answere so as here he seemeth then must I tell him that there can be no greater slander of this state or of her Maiestie and the gouernement If not what doth he tell vs here of people capable and willing to liue as becommeth the Churches of Christ as if the people of England were neither capable nor willing so to liue Againe let him tell mee in good sooth whither hee doth beleeue that the consistorie and newe discipline thereto belonging was in deede commaunded by Christ and if hee beleeue it let him shewe the place and the
Egerton seeme to haue had intelligence with Copinger one of Hackets prophets as for Wigginton it is apparant that he was a chiefe slirrer in that action 21 Being cōuented for diuers misdemeanors they refuse the ordinarie trials of lawe 22 In the Vniuersities by bringing in the studie of Ramus writinges a man ignorant in Logicke and artes and fantasticall in all actions they haue almost ouerthrowen all good learning by studying of naked comments all sound diuinitie 23 In liuing lewdly themselues Rescij in ministromach Sanderus de schismate Rosseus and by infamous libels disgracing the Ministerie they haue giuen aduantage to the enemie and brought religion into contempt 24 They are but made instruments by some persons to worke the spoile of the Church whereof they are like to haue small part 25 In all places where this discipline is setled they haue ouerthrowen the authoritie of the Magistrate the state of the Church and vniuersities 26 Nay by diuers strange positions they goe about to bring in diuers heresies 27 They haue in their lewde 1 In their new Communion booke paraphrase vpon the Creede taken out two Articles out of the Creede viz. that of Christes buriall and of his descending into hell and haue added a new Article of their discipline 28 They affirme that hatred as it is an attribute in God 2 Fenner Theolog lib. 1. is the essence of God and teach very badly of the essence and persons 29 Penrie holdeth that Christ Iesus is the worde preached 30 They doe generally beleeue that the worde read is but a dead letter and no ordinarie meanes to engender faith which is the opinion of the 3 Bozius in libr. de signis ecclesiae papistes 31 Martin doeth scoffe at the holy virgine Saint Mary and Saint Peter and calleth them Sir Peter and Sir Mary in scorne and maketh a scoffe both at gouernement and religion 32 In leauing the studie of fathers and ancient writers and schoole learning all the puritans are become verbal diuines without soundmatter 33 To prooue their deuises they haue offered great violence to the holy scriptures expounding them contrary both to ancient fathers and histories and common reason as namely their common places alledged out of the 18. of Matthew 1. Timothie 5. Romains 12.1 Corinthians 12. Ephesians 4. vpon the false interpretation of nine or ten places all their deuises doe stand 34 Themselues doe not agree either in the exposition of these places or in their rules concerning the presbyterie 35 Some interprete the wordes If thy brother offend against thee of priuate offences others of publike offences others of both 36 The Elders that are mentioned in the 14 of the Actes some expound Ministers of the word others churchaldermen 37 The wordes Dic Ecclesiae some expound of the Consistorie others of the Synode others of the conferences 38 Themselues confesse that they are not resolued in many pointes I haue set downe otherwhere infinite matters which they can neuer resolue 39 Themselues doe many wayes contrary to their discipline they condemne the reading of Apocrypha in the Church yet doe they allowe verball sermons wherein often times fall out strange doctrines and many vncharitable discourses which no man is so sencelesse I thinke as to preferre before the Apocryphall scriptures that are read in the Church They interprete Caluins Catechisme and other such like bookes which they cannot shewe to be canonicall 40 They teach that he that beareth not the Church is to be accounted a heathen and publican yet doe they not so accept him when the Synode iudgeth contrarie to the Consistorie 41 They say that euery Church hath equall right yet the parishes about Geneua haue no Consistories nor doctors nor execution of discipline but depend vpon them of the citie of Geneua 42 They say no man may enter the ministerie without lawfull calling yet haue Th. C. and Wat. Tr. and diuers of this sort here taken vpon them the ministerie without lawfull calling and intruded into others charges to the great disturbance of Gods Church 43 In Bishops and other ministers of this Church they condemne the mingling of matters ciuill and ecclesiasticall and account the same vnlawful yet doe none meddle with matters of state more then this faction yea diuers of them doe deale in base trades 44 Here they condemne ciuil honours in ecclesiastical persons yet is Beza one of the chiefe men both for reuenues and honor in the kingdome of Geneua and our puritanes receiue his letters like Apolloes Oracles 45 At Geneua and in all this newe gouernement lay men intrude into church gouernment and are made aldermen and Deacons 46 They condemne the authoritie of Bishops here yet doe they giue their consistories twise so large authoritie for here Bishops can doe nothing but according to lawe there as oft as it shall please the Consistorie without lawe or colour they may turne out all their Ministers and pastors to seeke pasture other where 47 Here they teach that Doctors and pastors are distinct officers yet at Geneua Beza is both pastor and doctor and others haue susteined both offices 48 All of them doe holde Fruitefull sermon that widowes and deacons are members of Christes bodie as they sticke not to auowe and yet in no churches haue they widowes nor ecclesiasticall deacons but onely certeine counterfet almesgatherers that are good for nothing but to stand with a boxe at the Church doore wherein the liuing and hope of many poore pastors in diuers places consisteth 49 In the disciplinarian kingdome the Ministers commonly liue in extreme contempt and pouertie so that fewe of worth take on them the calling which if order be not taken will be the ruine of religion 50 By the ordinances of Geneua onely the Ministers life in their visitations is looked vnto and no article set downe for enquirie of others conuersation so that it appeareth that this discipline is nothing but a deuise for the abasing and ouerthrowe and treading under feete of the Ministerie of the Gospell 51 There is no meanes giuen to the ministers to mainteine themselues much lesse their wiues and children awake therefore you my masters of the Church your enemies seeke your ruine 52 All matters wherein is breach of charitie the Consistories do take vpon them to order and to moderate rigorous dealing in lawe this toucheth your freehold my masters that studie the cōmon lawes 53 They take on them to moderate likewise all rigorous dealing in priuate contractes which concerneth all marchants and men of trade verie neerely 54 They take vpon them to apoint what rewardes shall be giuen to learning and how long they shall enioy them and yet you my masters of the Vniuersitie doe fauour these conceites which are the ruine of your selues and your succession 55 They giue the managing of Church goods into the hands of men of occupation and make the Ministers to depend on their deuotion a matter not to encourage but to discourage
crowne and for a contumacious and rebellious person that maketh question whether hee ought to obey such lawes as her Maiestie and the whole parliament and wisest men of England haue thought to bee godly and conuenient and lastly in what case the Putcase and his fellowes are that in broade speeches openly and in printed bookes directly oppugne them and by calumnious questions pinch at them 2 Quaere whether those that woulde ouerthrowe not onely the priuiledges and liberties of the Church of England but also the whole ecclesiasticall state their iurisdiction and liuings seeke not the ouerthrowe of Magna charta and infinite statutes and of a great part of the common lawes of this Realiue and seeke the dishonour of her Maiestie and the state by requiring at her handes things that tende to the violating of her oathe taken at the time of her coronation and the ouerthrowe of the rewardes of learning and whether such as are chiefe doers in these causes are longer to bee suffered to proce do in their presumption 3 And because the Putcase maketh mention of that reuerende Iudge Sir Christopher Wray late lorde chiefe Iustice of England let him also answere whether hee did nor both in his opinion as a iudge and in bitter reâ—mes as a man in vtter dislike of these mens obstinacie coudemne those that obstinately refused before ecclesiastical iudges to take their othes or to declare being examined mattens concerning themselues or others so farre as then concerned had life or member and whether the reuerend learned iudge and lawyers of England haue not resolued the proceedings of ecclestasticall courts to be lawfull and disallowed the notorious contumacie of those men that refused notwithstanding vpon their owne vaine conceipts to answere 4. Quaere whether the booke of Fenner that is intituled sacra Theologia and came forth with the Pythagoricall allowance of T. C. conteine not strange diuinitie and whether it be likely that the resolutions of the consistorie shoulde bemore learned then the positions of two such omniscient diuines 5 Quaere whether it bee not reason to make T.C. recant those dangerous opinions he hath published in that booke and whether those that made the newe communion booke are not to be called in question for publishing of new confessions offaith and new doctrine 6 Let also great inquiry be made by what law or title the churchaldermen do clayme so large authority both in ecclesiasticall and domesticall matters as lately they haue taken vpon them in some churches k Quaere what is become of the actes and memorials of the consistorie that is supposed to haue beene both in the Church of God vnder the lawe and vnder the Gospell and what may bee the reason that so famous men should neither haue their names nor doings mentioned in any historie holy or prophane or other writing Quaere whether such as suffer their children to die without baptisme because the time of the assembly of the congregation commeth not betweene their birth and death are not guilty of contempt of baptisme and whether they that teach this doctrine bee found christians that rather then they will breake a consistorial rule will suffer christians children to depart without the badge and marke of christianitie 9 Quaere whether they that cal those scriptures which are commonly called Apocryphall lyes and fables doe therein declare themselues to haue the iudgement of learned men or modestie of ciuill persons seeing the fathers of olde time and diuers learned men of our times also doe honor them next after the Canonicall scriptures 1 Zanch. confess and whether T.C. would not take it in euill part to haue his voluminous replies called lyes and fables which notwithstanding are farre inferior to the worst part of the Apocryphal scriptures 10 Quaere whether the consistoriall constitutions doe not bring into vse the iudiciall lawes of Moses as for example that of retaliation of capitall punishments of adulterie and blasphemie and whether felonies that were by Moses lawe punished ciuilly may not be punished with death and whether that the Consistoriall faction doeth not deny her Maiestie power to pardon offenders that by Moses iudiciall lawes are to be punished with death 11 Quaere how it happeneth that the disciplinarians shame not to speake against Bishops which themselues deny not to haue bene euer in the Church since the Apostles times and which we offer to proue to haue authoritie by the word of God seeing they commend a fond and new found gouernement that hath neither authoritie of lawe nor confirmation by ancient practise the lawes whereof are most absurde and vnreasonable 12 Quaere by what authoritie they interpre the wordes Dic Ecclesiae and presbyteriqui bene praesunt c. and the wordes of the Apostle 1. Cor. 12.28 Ephes 4.10 Rom. 12. contratrarie to all the ancient fathers to histories to themselues yea contrarie to the text it selfe and common reason 13. Quaere why Ministersshould not be forced as well to subscribe to the gouernmeÌ„t of the church of England as the ministers of France to the French discipline they of Geneua to the ordinances of Geneua these being so lately inuented and established and hauing so notorious exceptions against them and being no way to be compared to the orders of our Church for authoritie antiquitie or other good condition or qualitie 14 Quaere whether the Consistorie decreeing and proceeding contrarie to the discipline of France and Geneua and their new Zion is to be allowed or obeyed and whether euery acte of the Consistorie be lawe to binde the rest of that congregation and if it be then what certeintie can be in that gouernement and whether that gouernement be not worse then papall seeing the Popes proceede according to their owne lawes these fellowes will not be bounde by any lawes either of their owne or others 15 Quaere if the Consistories sentence be the sentence of the Church whereunto euery one is to obey and he that obeyeth not to be holden as a heathen and publican how it chanceth that the Synode sometimes is so bolde as to reuerse the Consistories sentence and not to holde the disobedient as a publican and sinner 16 Quaere if by the wordes It shall not be so with you all power of ordination iudgement making and executing of orders deposing of ministers and such like authoritie be taken from Bishops by what reason the ministers of the new discipline in their new Consistories and Synodes take on them so peremptorily to put in and out and to make lawes and to determine most absolutely and imperiously 17 Quaere what time of the yeere and vnder what signe the resolutions of the Consistorie are most ripe viz. whether when the sunne entereth into Aries or Capricorne or in haruest time or midsommer moone and whether a madman that hath Lucida interualla as one of the authors of the petition hath bee a sound man to make a piller of the Consistorie and what order is to be taken
Church and schooles are contemned I would I might not say discouraged they are made markes for licentious youthes armed with malice to shoote their boltes against the lawes are not onely contemned but most boldly oppugned yea with such confidencie that law is now accounted disorder and faction and tumult termed 2 Petition to her Maiestie reformation and libellers in euill time called reformers what resteth for them to worke but that al wise and learned men being put from gouernment the seely sots which these call elders and certaine famous authors of popular faction should be placed in the highest offices or else that lawes being not executed or Iudges crossed in executing of iustice the contumacious might liue as they list wherein they seeke nothing but that eyther the forreyne enemie may oppresse vs or els inward tumult and disorder consume vs. But I doubt not but her Maiestie and all those that beare office vnder her will take speedie order that it is not alreadie taken many do wonder some doe complayne but the clemencie of her Maiesties times and her benigne nature doth afford vs answere she will not haue any complaine that in this case any are punished but such as are obstinate heynous and notorious disturbers of the state because they were not at the first knowen for such shee would not haue them punished for such besides this the height of the stile and the loude bragges they made of their discipline made many beleeue they did it eyther of simplicitie or zeale or error few suspected the greedines of some and malice and ambition of others their notorious hypocrisie could not of long time be discouered but now their leudnes is apparent and their false visage is dismasked let them therefore beware that they abuse not the clemencie of the times or hope for continuance of vndeserued fauour The vanitie of their bragges and weakenesse of their cause is euident to all that are not eyther wilfully blinded or naturally ignorant All the demonstrations of their discipline are discifred and stand confuted they doe not so much as goe about to defend them their whole plots of false discipline lye razed they cannot say a word for them in this late petition wherein they had occasion to shewe their skill they haue not so much as answered one argument brought by vs against them The defence of Bezamade for his Aldermen most weake and simple as in a desperate cause they haue intreated Beza to say somewhat wherein we may see that their forces are spent to the last man yea so spent that they haue no hope of recouerie for what saith he good man hee telleth vs a long tale of his Geneuian deuises hut neyther doth hee answere our arguments nor bringeth scripture fathers or reason for his cause vnlesse wee beleeue him on his bare word the controuersie is at an end call you this answering this is rather the playne ouerthrowe of his cause for while hee went about to answere he hath confirmed our cause saying nothing either for himselfe or against vs but what he in his olde age dreameth where was T.C. that valiant champion of discipline all this while where was W. Tr. W. Ch. D. Sp. could not one of them speake for their cause but they must send to Geneua for a speaker it is too great and notable a confession of the weakenesse of their cause As for him or that I mistake not them that made the petition lately printed and pretended to be presented to her Maiestie on the behalfe of the Puritans they doe not deserue the name of speakers vnlesse it be among Puritans where euery one that can prate is sayde to speake For what say they for their cause their onely reason is because Caluin Beza Daneus Carpentier Golart Perot Tauergues Pollan Sneccan and a number of other authors of whose names and gestes we should neuer haue heard if these mē had not in this cause brought their names to light doe speake somewhat for their consistorie that therefore we are to like of it A goodly reason yet such a one as I thinke they will not admitte against their discipline For albeit Master R. M.B.M.G. M.A. M.H. M.D. M.W. and infinite other learned and good preachers among vs yea such as one of them is to be vaed against many of these ignorant and presumptuous disciplinarians do like of the present gouernment yet are they not therwith satisfied nay albeit all the ancient Fathers and acts of Counsels do like of the auctoritie gouernment of Bishops yet are these fellowes stil contending against it That the same was established by most learned and godly men that in Q. Maries time gaue their liues for the testimonie of the trueth they litle weigh nay they neither care for them nor their authoritie With what face then can they alledge Golart Pollan Sneccan and a number of birdes of like feather and men neither wise nor learned nor that haue ground of antiquitie or reason seeing they renounce not onely the authoritie of our men more learned then they but of our Martyrs more holy men then they yea and all the writings of the Fathers and actes of Counsels speaking of the authoritie and state of Bishops and such a gouernment as we haue In times past they were wont to tell vs of certaine lawes established by God himselfe and made vante that they would proue their discipline out of Gods word Why then are they now mute why are not these lawes and this worde brought forth why are they silent in bringing forth these mightie reasons when all is come to all must we rest on Golart Pollan Tauergues and Sneccans three or foure odde compagnions idle conceits there can nothing be deuised more absurd nor sencelesse Therefore hauing nothing to say in defence of their cause now in a desperate rage they begin to reuell not onely at Bishops but also at Lawes and Iudges and the ordinarie tryals of this Realme The drift of the petition is to shew that Iohn Vdall was wrongfully condemned they insinuate therein that the Iudges were either corrupted or blinded and that the euidence was wrested They say in plaine tearmes that Iudges haue no skill to deale with such fellowes as Iohn Vdall another kinde of man percase then he is taken to be Is hee trowe you any of Hackets or Coppingers consortes to bring Bishops into hatred they haue after their petition collected diuers Articles and by them and by certaine calumnious interrogatories haue gone about to bring them in disgrace with the multitude that if they cannot haue their desire of their celestiall consistorie they may be yet reuenged of such as they take to be the hinderers of their purposes Whose malice to encounter as before I haue answered their cauils against the ecclesiasticall gouernment of our Church to the vtter disgrace of the Consistorie so now hauing other occasions to print a discourse against Bellarmine and forreine aduersaries of our Church I haue thought good to
perceiue we shall haue a new booke of counsels to frame a new consistory withall to put the blame from himselfe he putteth it on Illyricus as true a quoter of textes almost as euer was Th. Cartwr his scholler but suppose that which 1 Catal. test veritat pag. 121. Illyricus hath of this counsell were true yet can not the wordes of the counsell be interpreted against bishops for suppose that a bishop may not be a King or Prince and that the callings be distinct yet may hee haue episcopall iurisdiction against which that counsell is alledged To helpe his aray of counsels hee bringeth in a supply of Fathers but very vnlike it is that they should speake against counsels being diuers of them chiefe doers in diuers counsels and therefore let him take heede least while hee mustereth the names of Fathers against bishops the men themselues doe not all fight against him That Cyprian is contrary to his allegation it is notorious for he establisheth the dignitie of bishops and vtterly ruinateth the cause of the new come gentlemen called Church-aldermen Hee subiecteth the whole 2 Lib. 1. ep 3. brotherhoode to the bishop and sayth that the same obedience is according to the commaundements of God The same authoritie is confirmed by the letters of the clergie of Rome to Cyprian Post Fabiani 3 Lib. 2. ep 7. excessum say they non est constitutus à nobis episcopus qui omnia ista moderetur He giueth to bishops the 4 Lib. 3. ep 9. succession of the Apostles and from no 5 Lib. 4. ep 9. lib. 1. ep 3. other roote doeth hee suppose heresies and schismes to spring then from contempt of the authoritie of Bishoppes So shamelesse is this Libeller to alledge Cyprian against bishops that in the places aboue named yea and in the 6 Lib. 3. ep 10. places by him quoted doth confirme their authoritie For albeit Cyprian doeth say that from his first entrance into his charge hee had determined to doe nothing but by the consent of the people and counsell of his Clergie yet doeth it not make against his superioritie nay it confirmeth it rather For with vs Bishops may doe nothing without lawe which is a most certaine consent nay good Princes rule by counsell and Lawes and yet they will not denie but that Princes in all places and Bishops with vs haue a superiour aucthoritie ouer those that are committed to them And Cyprian in that selfe same Epistle writing to the priestes and Deacons vseth these woordes I 1 Hortor mando exhorte and commaund yea further hee prescribed what was to bee done both concerning the poore and confessors and 2 Vice mea fungamini circagerenda quae religiosa administratio deposcit made a deputation to others that were to gouerne in his absence as much or rather more then bishops may with vs take vpon them to doe Likewise in the 14 Epistle of his thirde booke alledged also against bishops there are found manifest argumentes for their authoritie For hee reprehendeth the presumption of certaine Ministers too rash in reconciling those that had fallen and declareth vnto them that the Bishop is 3 Ep. 14. episcopus ipsis praepositus set ouer them and that their place is vnder the bishop of which 4 Loci sui immemores they were vnmindfull that the bishops duetie was to 5 Vt instructi à praepositis faciant omnia instruct them and their dutie to obey him It is euident that this author was not much acquainted with Cyprian that alledgeth him thus cōtrary to his meaning which is most childish and absurd quoteth the 27 epistle of Cyprians 3 booke where there are onely 15 epistles there In 6 Lib. 1. ep 9. another place Cyprian reprehendeth a certaine minister being apointed gardein to orphans executor of a testament but how the same may be drawen to make against the estate of bishops I vnderstand not for bishops among vs desire no such matter as that which Cyprian cōdemneth neither came it euer in Cyprians meaning to condemne the authoritie of Bishops as it is vsed in this Realme If hee speake against any it is especially against T. C. for albeit he be a Minister as he sayth himselfe yet refused he not the execution of his brother Stubbes his will no nor refuseth the gouernment of his Hospitall and therefore this fellowe seemeth vnwise thus deepely to lanch his deare brother T.C. whose purchases and purloynings hee hath taken on him to defend where in the meane while the state of Bishops for any thing Cyprian sayth standeth inviolable nay in the same place their iurisdiction is confirmed for Cyprian being a Bishop taketh on him to reforme Ministers and giueth bishops 1 Episcopi antecessores nostri censuerunt c. sacerdotum decretum authoritie to make ecclesiasticall lawes which pearceth the Church-aldermen that long for superioritie to the very heart Finally he taketh on him to punish disorders then which authoritie what can be greater 2 Dist 10. c. quoniā idem Gratian also extolleth Bishops aboue Princes so farre is hee from speaking against Bishoppes or their authoritie so that to alledge Gratian for proofe is as much as to vse corrosiues for pleasant medicines Neither doth it take away or diminish the authoritie and state of Bishoppes that by the Canons they may not encroche vpon the Princes authoritie in Ciuill causes for wee say that the vocation of Magistracie and ministerie is distinct and that Bishoppes in England doe not in respect they are ministers meddle with Ciuil causes but as they are subiects and are commanded Wherein they doe not shewe themselues busie in encrochments in taking on them charges imposed but shoulde shewe themselues disloyall persons at least no good subiects if they shoulde refuse them the consistoriall faction contrariwise doeth encroche both vpon Ecclesiasticall and Ciuill gouernours hauing authoritie from neither and intrude themselues where no man sendeth for them or admitteth them After Cyprian Tertullians 3 De ieiunio booke of fasting is by force drawen in by the imperious Consistorials for euidence against Bishops which I cannot but wonder at seeing they condemne both fasting in Lent other fasts which he alloweth and the degree state of bishops which he commendeth in his booke 1 Lib. de baptism of baptisme where hee giueth the chiefetie and praerogatiue of Priesthoode to Bishoppes expelling out the impudent Aldermen that nowe are crept in I knowe not by what strange concetie into Churchgouerment In the booke of fasting there is not so much as the office of bishoppes mentioned much lesse any speach against them there is order taken for their allowance which the sacrilegious consistorials that haue ruinated the Church in all places where they come doe denie them In the same place Tertullian doth construe the place 1. Timoth. 5.17 against these men for hee onely vnderstandeth by Elders that rule
in his Church as these doe fancie I can no where find Neyther is it likely that he should teach that abroad which hee neuer deliuered to his owne Citizens at home Aretius 1 In 1. Cor. 12 speaketh of certaine elders in his Commentaries but whatsoeuer they were hee thinketh that they ought to haue no vse vnder the Christian Magistrate And therefore by this testimonie these fellowes cānot win any vantage That they were not like the disciplinarian Aldermen it may appeare for that during the times of persecution they supplied the magistrates office and dealt in all causes of the first Christians as hee thinketh Of such elders as Aretius speaketh of it may be that Illyricus had some such like conceit But farre were they both from the opinion of them of Geneua concerning their lordly consistorie that climeth vp aboue princes Out of 1 In 1. Cor. 12. Hemingius there cannot any such fancie bee gathered as this of my yong masters the Church aldermen writing vpon the 1. Corinth 12. hee doeth interprete the worde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordinances of ecclesiasticall discipline which amounteth nothing to the account of these fellowes yea hee alloweth the 2 Syntagm Heming prerogatiue and authoritie of Bishops aboue other ministers which can beare no sway among these lordly commanders The place of 3 In 1. Cor. 12. Hyperius maketh not to purpose for albeit he be produced by the libeller as a witnesse for the eldership yet doth hee testifie against it for hee saith not that any such aldermen as these conceyue were ioyned with the Bishop in gouernement and equall authoritie but that Bishops vsed the aduise of ancient and graue men not these rough hewen aldermen that are neyther wise nor graue but rather grieuous to Gods Church But most of all doe I wonder what reason the libeller had to cite 4 De reformand abusib ad Imperatorem Bucer who in the place quoted doth not so much as mention any elders much lesse teach their office qualitie and continuance but contrariwise hee sheweth that if there were no other difference betwixt the Papists and him hee would easily yeelde to bishops their titles and dignities and wisheth that Metropolitanes and other bishops woulde returne to the obseruance of ancient Canons And so farre was Bullinger from fauoring any such new packe of aldermen as these woulde haue that hee 5 In libr. erast de excom in fine yeelded his approbation to the opinion of Erastus that denied both the presbytery and presbyteriall censures Zegedin another of this mans witnesses doth say much against him concerning the 6 Loc. Com. pag. 202. superioritie of bishops and newe deuice of doctors and other poynts But where hee speaketh any one worde for the consistorial gouernours the place cannot yet be found what should I stand long in tracing out the notorious falsehood of this forger of false quotations in euery paticuler By these already examined you may vnderstand how honestly hee dealeth in the rest and by this also that it is knowen that the Churches of 1 Onely in the Palsgraues dition they say there is some haunt of the eldership to be found Germanie Denmarke and Zuitzerland doe all repell the eldership yea when certaine factious companions comming from Geneua would haue made some stirre in the ecclesiasticall gouernement at Zuricke Gualter resisted them and the magistrates sent them out of their citie to place their consistories in some other quarter in remotis Likewise doth he report vntrueth concerning M. Nowel M. Fulke and M. Whytaker M. Nowell speaketh some what concerning elders but that he meant the tēporary aldermen that sprung vp first at Geneua and now vse to come from the marchants stall and workehouse into the Church to order matters of faith and doctrine it cannot be surmised Neither hath the libeller any reason to build his fancies vpon M. Fulkes opinions for in the confutation of the notes of the Rhemish Testament he doth defend the gouernement of the Church of England as now it is albeit he was somtime of other mind yet did he afterward retract his former sayings And when Iohn Field contrary to his mind did publish the pamphlet called the learned discourse hee was offended with him and if he had liued would haue confuted the same himselfe Neither do I beleeue that M. Raynolds being so well conuersant in counsels and fathers doth admit an eldership contrary to the sayings and practise of both M. Whitaker is a man of too great iudgement to beleeue the vnlettered improbable deuise of the consistorie And well is it kowen that hee hath taught both publikely and priuately against it Neyther is it likely that hee hath nowe greater reasons to moue him since he maried in the tribe of those that fauour these conceites then before so that when al is come to all the authors of this discipline are 20 or 30 foreine authors and halfe a score English perfumed with the smoke of Geneua and wel read in Caluins Institutions And the grounds of it are not scripture nor antiquitie nor reason but conceyte and foolish fancie and the authoritie of such as deserue no credite speaking in their owne cause If the libeller thinke otherwise let him or else because hee is but a man of a weake brayne and small learning let any of the faction drawfoorth Caluins and Bezaes reasons nay let either Beza himselfe or any of them answere that which hath bene set forth against their opinions already and confirme Caluins and Bezaes weake and euill shapen reasons and then will the vanitie of all the newe platforme and also of these allegations appeare To prooue the continuance of the gouernement by Elders he falsifieth also diuers authors as Zuinglius Oecolampadius Capito Melancthon Bullinger and maketh lyes vpon Fulke and Reynoldes for I thinke master Raynoldes holdeth no such fancy And I am assured that Fulke retracted his opinion so that his onelie reason also for the continuance of the Eldership is because Miconius Micronius and Caluin Beza Daneau and Calueton Colladon Tauergues Perot Iacomot Duple Golart Pollan Perille Henry others neuer heard of in this horisō beleeue the continuance of the consistorial gouernment that we must renounce scriptures fathers and al antiquity which is neither a good nor learned kind of reasoning yet for any thing I can see it is not onely the best but also the onely reason he vseth deny the new fācies that they haue deuised embraced at Geneua you marre the frame of their consistory why wee should credit them against scriptures fathers stories there can be alledged no cause Much lesse is there reason we should beleeue Peter Carpenter a knowen Apostata from religion or Bodin a man better conuersant in pollicy then in diuinity and whose religion was al poperie yet if we should I do not finde any thing in eyther that soundeth to the honor of the Aldermens cause For 1 Aduers Fr.
to canons or because they would not decree contrarie to canons but that was their wilfulnes that they were put out as the libeller holdeth cannot be proued Neither Iewel nor Bilson nor any lawyer will say it wherefore that I haue said that they are one of the states of parliament I proue by the general tearmes of statutes by common speech by original of the phrase by orders of other nations by common account of Christians and the libeller hath sayd nothing to the contrarie For both in Dyers report 4 11. H 7.27 7. H. 7.14 also in other cases vnder Lords are coÌ„prised both the Cleargie and Nobilitie which al the learned make two estates how soeuer some seeme to make of two one And contrarie to the report of the argument made by iudge Dyer al the learned do reckoÌ„ For he maketh the prince one of the three estates which of al other is made the head of them He affirmeth that many lawes were made the bishoppes either being neglected or not called to couÌ„sell but he erreth For it doth not appeare that euer any parliameÌ„t was assumâ—◠〈…〉 were called and present vntill they eyther went out willingly which they did sometimes where matters of life and death were handled or left their voyces by proxie with temporall lords sitting still saying nothing yea al lawyers can tel him that where there are more bishops then other barons in the vpper house no act can passe against al their voyces And that some acts haue passed by the assent of the Lords spiritual commons and many ancient actes without any voyce or assent of the coÌ„mons yet should the libeller recken absurdly if he should deny the lords or commons to bee among the estates of the land which some call Ordines regni In all this discourse of bodies politike the libeller talketh neither like politike lawyer nor diuine for seeking the trouble of the state and ouerthrow of the ministery litle doth he seeme to vnderstand what belongeth to policie and neither yeelding to her Maiesties prerogatiue nor wel defining what bodies politike are nor howe they are made nor what right they haue and going about to dissolue lawes call Iudges to render accompt to priuate persons and to traduce trials and iudgements orderly passed can it be surmised that he vnderstandeth any one poynt of law and who wil imagine that he vnderstandeth any diuinitie that saith that bishops haue onely authoritie from men for albeit they bee called externally by men yet haue they authoritie also from 1 Matth. 28. ephe 4. rom 13. God doth he not vnderstand that not only ministers but also inferiour magistrates haue power both from God and men if he haue not learned so much the Apostle wil teach him that there is no power but of God and Apostolical writings declare that the power of preaching of administring the keyes is from God that as Bishops and ministers haue power and an externall calling giuen them by men so they haue a warrant also for that calling in Gods worde in which God nowe speaketh to vs and that these two are not contraries to haue a calling from God and another calling from men And therefore where he chargeth vs to speake contraries he is much abused The error was in his owne vnstayed and blunt head that could not pearce into this distinction But suppose there had bene no error in all this discourse yet is it absurd because it is not to purpose for be there two generall bodies in the Realme or more and be it that the bishops are part of the politike bodie of her Maiestie or not yet if Iohn Vdall and his fellowes haue diffamed her Maiestie they are to be punished and among the rest this fellow which had bene greatly to bee wished for then had hee not wearied the reader with his friuolous discourse That they haue diffamed her Maiestie the libeller proueth by way of obiection wherein though his skill bee litle yet I graunt the conclusion neyther can hee with all his skill answere that little obiection which himselfe hath made what then neede wee vse many words to ouercome him that like a frantike disputer hath wounded himselfe and made such an obiection as he cannot assoyle His second exception brought against Vdals condemnation is for that he wrote not aduisedly which if it were as concludent as true I would yeelde he had reason for most true it is that he wrote not aduisedly Nay it is a common fault of this faction that neyther writeth aduisedly nor soberly But it is no excuse for Vdals offence for albeit he wrote not aduisedly that is discreetely yet did he write aduisedly that is of set purpose those things that tend to the disgrace of her Maiesties gouernement Hee wrote also maliciously and vttered in his bookes and sermons seditious matters And it is not onely his fault but of diuers other of that sort which three points although hee goeth about to cleare yet doth hee nothing but tell vs a long fable of his new discipline enter larded with contumelious speeches part against king H. the 8 and William Rufus and part against the present gouernement filling vp the measure of the factious consistorials iniquitie But before he commeth to the matter he goeth about to proue that for wordes spoken of simplicitie no man is to bee punished And sheweth great eloquence in that which no man I thinke sure I for my part meane not to denie He telleth vs a tale of Carmichell of Scotland that was compelled to burne his bill for that hee sayde in his sleepe the deuill take away the priestes which concerneth the matter in question nothing but that he would haue a glance at the cleargie whom in disdaine the factious sort call priestes when as the name of priestes is the best title whereby their elders claime their inheritance Another tale hee telleth in disgrace of king H. the 8 of famous memory whome hee chargeth with great iniustice for causing the execution of Burder the Marchant that dwelt at the crowne for these are a kinde of curres that bite quicke and dead A thirde tale hee telleth of William Rufus whome hee chargeth with fauouring Iudaisme and forcing some to rinegue Christianitie which is a litle more then can bee proued and much more then wisedome required to bee vttered tending to the slander of Christian religion this preludium made hee falleth to his matter and goeth about to prooue that he wrote not aduisedly to diffame her Maiestie To prooue this hee saith Pag. 19. that Iohn Vdall and his companions onely seeke to haue the corruption of the time redressed and write against ignorant vnlearned negligent presumptuous ministers against the remnantes of popery and Idolatrie and agaiust enormious corruptions wherein hee auoweth they haue done nothing but as the prophetes of olde time did that exclaymed against dumbe dogges greedie dogges and the high places and as in time of popery
some did which inueighed against popish bishops and affirmeth that they woulde write so much against their father if hee were a bishop or non resident matters most absurde and false for neyther haue these leude and loose companions such a commission as had the Prophetes nor is the ecclesiasticall state to be compared with the idolatrous and wicked priests or popish bishops Neither haue the same followed the steps of Prophets or any propheticall persons Gods Prophetes they speake nothing but truth these are still telling vs prodigious and false tales of their consistorie and counterfeit discipline The Prophets neuer ray led against authority nor gouernors these raile against ecclesiastical ciuil gouernors and al that withstand thē the prophets shewed not thēselues vnnaturall to their parents these professe vnkindnes they did not assemble in seditious sort nor go about to make new lawes for the Church as these did They neuer by wicked conspiracy went about to establsh any newe fancies as did Wigginton Hacket Coppinger Cartw. Vdall and all that were acquainted with that action They neuer declaymed against others being most guilty thēselues as these fellowes do which being most negligent and loose in laboring most vnlearned and ignorant full of newe fooleries doe notwithstanding inueigh against others so bitterly that as this wise felow professeth they wil not spare their father no nor mother and why forsooth because they are of those which S. Paul speaketh of and telleth vs that they are without 1 2. Tim. 3.3 naturall affection This defence therefore is vnsufficient first for that it is false for they doe otherwise then they professe And secondly for that they confesse in this treatise at vnawares that they diffame her Maiesties gouernment affirming the same to be full of enormious corruptions and to haue in it reliques of Idolatrie and impietie and to mainteine a wicked and vnsufficient 2 The ministery of England is better without comparison then that of France Scotland or Dutchland ministerie imitating therein as vnderhand they insinuate the wicked kings of Israel and cruell tyrants that persecuted the Church And lastly for that hee auoucheth that in those times no man was accounted a diffamer of princes that spake against the ecclesiasticall lawes and state which cannot be prooued To iustifie his companions doings he telleth vs further a long discourse how they pray for her Maiesty how they pay subsidy how they fought for her Maiesty when the Spanyards were here And how some whom England shall remēber while it is England ventured as farre as any which is no more thē the papists professe nor thē Iewes Pagans do which yeeld al duties to princes fight when as the Puritanes plaied the cowards few shewed themselues for I knowe diuerse that being there sawe very fewe puritanes armed to mainteine this bragge But so deinty and nice they are that they exclame if they be not highly rewarded for euery litle dutie yea for fighting for themselues their countrey and plainely professe that without their desires for discipline they meane to withdrawe all duetie And therefore this is but a vaine bragge of praying preaching foure times a day and I knowe not what for their tumultuous praying and prating in those times did rather discourage then encourage any and was rather the beginning of tumult then any encouragement and hee that preached foure times a day had much idle talke and made many vnsauorie discourses But suppose some fewe of these men shewed themselues loyall and were so ventrous as to come to Tilberie or rayle against the Spanyardes yet others as it may well be surmised were framing supplications and prouiding horse and armes to come to present them al in armes Then did Martin frame his seditious libelles then others preached seditious sermons all tending to the weakning of those that willingly offred themselues in that seruice And Martin senior professeth that when the enemie was readie to assayle vs abroad there were a hundred thousand handes readie to subscribe the supplication of puritanes at home which saith he in good pollicie we being in feare of outward force might not bee denied nor discouraged Then which there can bee no greater argument of their disloyall proceedings Where they are charged with rayling against the princes gouernement they excuse it saying that therein they meant no more malice to her Maiestie then the godly prophets that vnder Ezekiah and Iosiah reprooued the abuses of the Church which is a point which must bee read with great patience for who can else endure to heare them compare themselues to the prophets their doings to the doing of the prophets the comparison being so vnlike Gods prophets were humble meeke peaceable and possessed with Gods spirit These are proude disdainefull contentious and driuen with other spirits They neuer spake against the state nor condemned the calling of priests nor said that the lawes were antichristian and diuelish these stand especially on these points abuse the gouernors and rayle against lawes and this fellowe as malepertly as the best He would further make the worlde beleeue that his clyents seeke onely for reformation and doeth euery where dubbe them with names of seekers of reformation But great difference there is betwixt pretence and performance Iacke Strawe and Wat Tyler and Kett of Norffolke and all rebels pretend reformation as well as these but the courses and deedes of both tend to nothing but disorder confusion the prince they would abase the Church they would spoyle the ecclesiasticall state they seeke to abolish learning and rewardes in all places where they come they take away Moreouer hee goein about to prooue that bishops may be hated for their doctrine and first for that they impugne that which heretofore they haue taught but neither is his cōlequent good nor antecedēt true for albeit that bishop Elmar spake sometimes against the excesse of bishops liuings as he then imagined not knowing in what state they stood yet did he neuer condemne the degree and dignitie of bishops nor did bishop Bollingham as it should seeme speake against the manners of others then papisticall bishops assuredly against the degree of bishops he neuer spake Neither are the opiniōs of one or two to be ascribed to all but if they which speake contrary to themselues deserue hatred what doeth Tho. Cartw. deserue that in many things speaketh hee knoweth not what in some things contrary to himselselfe as in election of ministers power of the presbytery and diuers poynts And what doth the Libeller deserue that confesseth hee talketh he knoweth not what contrarying his whole discourse Another reason hee bringeth to prooue that bishops may iustly be hated and that is because they confesse saith he infinite abuses to be in the church But the ground of the reason is false for no bishop did euer confesse so much nor doth it follow because some one speaketh vntrueth that all the cleargie of England should be maligned and hated Thirdly he thinketh
wee must tell him that where hee talketh of fiue hundred traytors that maintaine the present ecclesiasticall gouernement hee is out of reason and account and doeth nothing but rayle as well beseemeth his libelling humour The state and iurisdiction of bishops nowe in England dependeth externally on the Prince to him they are subiect and from him they receiue lawe finally they thinke it vnlawfull to rebell against him condemning all rebellious practises to pull downe his authoritie and to bring them vnder but the proud and insolent Consistory claymeth power aboue princes and rendreth in Ecclesiasticall matters account to none but God as they professe the same acknowledgeth it felse subiect to none and prescribeth lawes to Princes yea teacheth and putteth in practise rebellion against them and therefore when there is speach of loyaltie and obedience let the Libeller henceforth take heede how he compareth the most factious and suspicious gouernment to Princes that euer was to our ecclesiasticall gouernours which in their doctrine and life cannot bee noted of any disloyaltie And finally let him holde his peace and thanke God for the princes clemencie For it is not the innocencie of his Clients nor the eloquence of the aduocate that can cleare the disciplinarians from faction In such bad causes repentance and submission is best defence the next is silence And therefore wisely did he passe ouer that offence for which Iohn Vdall was conuicted and condemned Onely this fault hee committeth herein that forgetting howe before hee had promised to answere for him now hee leaueth him to answere for himselfe and like a man that had lost both memorie and wit runneth out into an idle discourse of othes Ex Officio and an inuectiue against Iudges and furiously rayling at the State calleth such as speake in defence of it Traitors and Rebels To terrifie the Iudges hee cyteth certaine Textes of scriptures ill fitting his purpose For neither as hee sayeth are his consortes Saintes nor doe they suffer for holinesse nor are they put to death howsoeuer they deserue it That sentence of 1 Iames 1. Iames rather belongeth to them If any man deemeth himselfe to be religious and refaineth not his tongue but seduceth his hart his religion is in vayne or that rather Woe bee to 2 Matth. 23. you Scribes and Pharises ye hypocrites yee are like to whited sepulchres faire without and within full of bones of dead men and all filthinesse And albeit Iohn Vdall had the name vnwothy to be a Preacher yet neuer any worse deserued it being euery way vnsufficient nor tooke a more factious course This fellowe braggeth hee was no murtherer yet if hee had proceeded further I knowe what woulde haue followed So arrogant hee is that hee imagineth all fooles but such as like his fancies But if the 3 Pag. 49. Iudges haue so little skill in condemning such a Minister as Iohn Vdall why doth not this great Clarke shewe it this is impudencie to condemne such reuerend learned men of ignorance and to shewe no reason Besides this in lawe there ought to be no respect of persons Howe then can there bee such difference betwixt ministers and others if ministers offend as well as others Either this man meaneth to challenge immunitie or els hee meaneth if euer he bee a Iudge to respect persons Some haue painted Iustice blinde but this man woulde haue them iudge with spectacles His accusation against such as speake in defence of the state will neuer be prooued he racketh and teareth their sayings as a man lying without conscience and shame yet will they not reach to his purpose Concerning master Dalton whom he accuseth as the Bishops factor it is an easie matter to answere hee hath more honestie learning and lawe then is to be found in all the Puritanes distempered braynes The cause he defended was not the Bishops but of religion learning and the Church Hee chargeth the Bishops that they write in a certaine 1 Admon a g. M. M. p. 252. booke that it is not lawfull to bestowe such liuings vpon laye men as are appoynted by lawe to preachers of the word But neither doe the Bishops say it nor is that booke that is quoted the Bishops nor is it likely that so graue men had so litle to doe as to busie themselues with the answering of such a vaine Libell as Martin and Martins barking sonnes But whose-soeuer the saying is it is iustifiable for if the liuings bee appoynted by lawe to preachers what law is it to infringe law that the Queene doeth keepe the temporalties of Bishops in her hands during the vacation is by law not against law So likewise it is lawfull to holde some Ecclesiasticall liuings that be appropried As for Wiclefs words against the excesse of his times they are euill extended against the want of ours and are voyde of reason for what reason is it that for the default of one a succession should be spoyled as he would haue it But sayth hee who woulde not thinke the superfluities of Bishops liuing better bestowed vpon such a man as Sir Francis Walsingham that right honourable Chancellour and benefactor of the Church and Countrey then vpon any Bishop Wherein hee doeth wrong to the memory of that good knight and in needelesse discourse bringeth his name in question To his supposall I answere that there be very wise men that thinke the liuings of Bishops better as they are and I thinke hee would so say if hee were aliue and were asked the question for no man was more desirous then hee of true honor neyther is any thing more dishonourable then to rise by the spoyles of the Church that hee pretendeth to loue nor to take that to him selfe which was giuen to other vses Neyther doe wee reade of any that hath risen by the spoyles of the Church that hath long prospered or enioyed them nor haue the Papistes any thing to obiect against vs more then sacriledge and spoyle of the Church As for the superfluities of bishops there is order taken Take foure of the best bishops in England and there will bee found eight knights euery one whereof shall farre ouermatch them in reuenues Take eight bishops next in liuing to the greatest and there will bee found two hundreth esquires euery of which shall ouerpasse them diuers yeomen clownes and marchantes doe farre excell the rest Why then should any enuie to men of learning and qualitie the estate and liuing of knights esquires yeomen and clownes It will bee sayde these haue it by inheritance but why should it not as well be lawfull to haue it and winne it by industrie as by inheritance But I am glad I know why all this while the petitioner barketh so loude Hee woulde haue great men fall to spoyling that hee might light vpon some reuersion or like a dogge gather vp crummes vnder the table when men shall ryot with Churches rapines well for his good will when churches come to be spoyled let him out
al these mens deuises be nought worth how litle is the rest thereof to bee valued sure if that which themselues confesse bee not sufferable the rest must needs be vntollerable which if the petitioner know not he is but a nouice in his owne cause and knoweth litle or nothing if he knew he is very impudent that dare defend such maner of persons They openly professe and acknowledg that they bee sinnefull men Petitioner A great matter Answere for albeit they shoulde neyther professe nor confesse so much yet woulde the same appeare but too too euidently In doctrine their leud heretical opinions In maners their pride malice crueltie couetousnesse vsury gluttonie and chamber cheare which they call fasting and colour with tearmes of godly exercises doe notoriously conuince them neither do I yet tell all for other matters I haue thought good to keepe for an ariere bāquet for that I would not haue the libeller surfet which he would percase doe if too much were set before him at once They call not themselues puritanes Petitioner Vntruth Answere for both Martin this petitioner calleth his 1 Pag. 83. consorts puritanes yea and others more honest men then eyther of the two which wee are rather to beleeue then the petitioner call them so and that rightly for commonly they appropriate vnto themselues the name of the saints of godly brethren and such like and account and call others that be not of their faction 2 Martins hay any work and his minerals prophane They esteeme also the 3 T. C. eldership a pure gouernment and other corrupt and T. Cartw. calleth his cause the cause of sincerity why then are they not iustly called puritanes percase they wil answere that they are impure filthie fellowes which in deed is true for their puritie neither consisteth in life nor doctrine for none therein can be lesse pure vnlesse it be in bare conceit but in outward shewes false semblant vaine protestations of reformation gogling of eyes and painted hypocrisie this excuse therefore that they doe not call themselues puritanes were it true yet is it vnsufficient seeing they take vpon themselues to be more pure then others as did the puritanes of old time for we may not thinke that the Cathari or Nouatians accounted themselues without sinne but were called puritanes for seuering themselues from others which they accounted lesse pure then themselues They do absolutely yeeld and subscribe to the Articles of Christian faith Petitioner and doctrine professed in the Church of England And therfore offend not against the statute made 23. of Elizabeth c. 12. concerning that purpose This is a palpable vntrueth Answere for both doe they put out certaine articles and adde others vnto the Apostles Creede And T. C. and Fenner confound person and essence in the Deitie and make the sonne to proceede from God the Father The article concerning bishoppes and homilies and Ecclesiasticall gouernement they vtterly denie and therefore are both schismatikes and heretikes and offend against that statute most directly and denie it shamefully and cauill most absurdly for where the Parliament calleth all the booke and the pointes therein conteined Articles of Religion These subscribe onely to the Articles of Faith and Sacraments Expounding faith strictly and discharging thēselues easilie and expounding statutes contrarie to the opinion of Iudges Call you this consistoriall interpretation They giue to her Maiestie all that power Petitioner that is recognised to be in her highnes by the othe of supremacie as it is by her Maiestie expounded and therefore be no traytors How can this be Answere seeing they deny her power to nominate bishops to make ecclesiasticall lawes to determine ecclesiasticall causes or to delegate others to heare and determine them and take away the last appeale and cognition from her and giue her not any tenths or subsidies how I say may this be seeing they take away both her ecclesiasticall authoritie and her reuennues and giue this power partly to Elderships partly to Synodes partly to Deacons new found creatures And therefore albeit they take the othe of supremacie yet they deny her supreme power vnder colour of the interpretation of the iniunction which abridgeth not her power in cases expressed Beware therefore Libeller and touch this string no more for it soundeth but badly in all loyall subiects eares They professe all obedience to the Lordes of the counsell Petitioner the Iudges and ciuil Magistrates and therefore be not Anabaptistes He saith they professe all obedience Answere but if he would haue excused his clyents he should haue said they performe it for the Iesuites doe in termes professe obedience yet none more factious this is a point that doeth neerely touch his cause and would haue required more diligence in clearing of it For whatsoeuer they professe in this petition both their doctrine and behauiour is contrarie They set the subiectes against the prince as hath bene shewed and haue wilfully oppugned all her Maiesties ecclesiastical lawes they vse her with bitter termes Martin saith her Maiestie is 1 Epist p. 10. 53. seduced and that God 2 Hay any worke alloweth not her gouernement and that she biddeth 1 Ibidem battell to God They teach that Ministers ought 2 Regist p. 48. not to obey the prince when he prescribeth ceremonies and fashions of apparell They accuse her maiestie eyther of ignorance being abused or vnthankefulnes to God and negligence 3 Motion with submission pap 41. in her duetie They resemble her to 4 Gilbie Ieroboam Achab Iehoram and other wicked princes They that wrote the 5 2. Admonit Admonition acuse the high court of parliament of iniquitie affirme that it shall be easier for Sodom and Gomorrha then that court and calleth the Lords politike Machiauels Penrie accuseth 6 Supplication them of betraying God and his kingdome and prophecieth of the Spaniardes to come and wast the land They affirme That our counsell 7 Epistle before reformation no enemie may truely be said to delight in iniurie and violent oppression of Gods saintes And that the Lordes cannot possibly bee said to deale in 8 Ibidem matters of Iustice They charge them with maintenance of impietie and say that with 9 Ibidem Pilate they crucifie Christ. They affirme that the Magistrates and Ministers haue walked hand in hand in the contempt of true religion They call the Iudges wicked lawyers and Atheists Vpon ecclesiasticall 10 Vdals dialogue and Martins Epist gouernours they raile most impudently calling them robbers wolues simoniakes persecutors and such like And therefore if they bee not accompted Anabaptists they haue the more wrong seeing in all disobedience and vnciuill reproches they passe the Anabaptists This is the onely difference that Anabaptistes reuell against all Magistrates these against such especially as withstand their rebellious deseignements They holde it lawfull before
the state nor are the women he frequēteth so honest as Rahab nor is it a seemely matter for such a braue challenger to make a brag so to run away nor decency for him that preferreth a supplication to the Queene that kneeleth before her Maiestie to hide himselfe his name nor can it stand together that a man should kneele before her Maiestie and yet conceale his name and person He promiseth when his apparance shall be found more profitable then his concealement that he wil come forth and try himselfe a proper man but he had best come forth in time lest if as he saith he be in concealement some one or other begge him of the Queene for to her belong both concealements and the custodie of Ideots He braggeth that he williustifie his wordes in such maner and forme as he hath written them but goodman he neither vnderstandeth what he hath written nor hath furniture nor stuffe in him for so hard an encounter for hee holdeth more of Luna then Mars and is rather lunaticall then martiall It is not long since his Bedlem fits left him Of Logicke he hath no taste nor yet of Diuinitie why then should he like a desperate sotte or like a man without armes or order of warre venture into so dangerous a battell His good masters are quite fled out of the fielde and all their newe disciplinarian deuises are vanished away like cloudes and onely remaine in certaine idle mens braynes who may in time percase disgest them and therefore if this sentence nubecula est citò transibit please him let him write it vpon the doore of the consistory for like a cloude it hath bene lift vp and like a cloude it hath bene tossed with contrary opinions and like a cloude it is almost vanished away And thus much concerning the petition Now let vs consider his Articles and Questions not that they conteine any new matter for both his petition articles and interrogatories proceede from the same malice and tende to one ende and conteine the same odious accusations against the State but for that wee meane not to leaue vnto these men any shadow or pretence for their cause If the same things bee often repeated blame him that so often obiected the same not them that answere their calumnious and vayne obiections accusations are often odious defence of orders and lawes cannot but fauourably be esteemed WHEREIN IS CONTEINED AN ANSWERE TO CERTAINE Articles and Questions annexed to the foresayd Petition wherein the Libeller hath spread diuers slaunders against Ecclesiasticall gouernours and their proceedings The Title to the Articles CErtaine Articles wherein is discouered the negligence of the Bishops their Officials Fauourers and Followers in perfourmance of sundry Ecclesiasticall Statutes Lawes and Ordinances royall and Episcopall published for the gouernement of the Church of England Answere THE Libellers purpose was in pretence onely to defend but I perceiue albeit beside his purpose now he meaneth to strike and offend and that in treason and in the darke when no man can strike him againe A common tricke of Libellers that deuise what reproche they can against such as they hate and publish them then renounce them So this fellowe goeth about to bring bishops in disgrace then all those Ministers that liue in obedience of Lawes But he meaneth not to stand to the matter for he concealeth his name Well let vs see what he saith against Bishops and other Ministers and ecclesiasticall persons Much it should seeme he cannot say for he is ignorant what are Ecclesiasticall lawes and by what autthoritie they stand and calleth them Ordinances royall and Episcopall when it is euident that there is no lawe in England but Royall and that no bishop may make any ordinance or Lawe Article 1 By the statute 25. H. 8.14 it is accompted by the Parliament against equitie due order of iustice to bring any man in danger of his life name goods or landes by any intrapping Interrogatories without verdict witnes presentment or confession c. for making printing or dispersing of seditious bookes sundry other grieuous crimes c. Answere Neither is the statute truely reported nor is it proued that the bishops or their officers proceed cōtrary vnto it or other lawe concerning that poynt as this false accuser pretendeth For the first it is euident for that which the statute decreeth cōcerning heresie this accuser trāsferreth to printing writing seditious bookes as if it were to be presumed that as innocents by that statute were deliuered from trappes of heresie so such seditious offenders libellers were protected by law against law whereas there is no mētion nor intendment of any such matter in that statute The second appeareth for that the Accuser doth not once charge the high commissioners at which he aymeth with breach of this statute He knew very wel v t there is nothing in their proceedings contrary to this statute For they do not as this libeller surmiseth minister captious interrogatories Secondly they do proceed to punishment against none but conuicted by lawful witnesses euidence or confession neither otherwise then by warrant of their commission which I would gladly see the libeller whether he dare to oppugne That which is set in the side Of oath ex officio perteineth not to this matter for in this statute there is no word cōcerning any oth And therfore he that put the same there did like him stroke a faire blow but touched not his aduersary Article 2 All men are baylable that are not prohibited by law to be bayled 2. West c. 15. Answere These words are not found in the place quoted nor any of such nature no nor in any other place Percase the Libeller meaneth as wel to forge new lawes as new religion If he meaneth the statute made at West 1. Ed. 3. c. 15. yet is there no such matter for there we find rather who are not to be bailed then who are to be bayled which is to be gathered out of the statutes common lawes against which if he wil charge the honourable persons of the high commission to haue proceeded why doth he not note the fact and time other circumstances If hee thinke that either those that are taken by the writ de excommunicato capiendo or such as are committed by the high cōmissioners ecclesiastical for contempts are bayleable he neither vnderstandeth law nor statute for law auctoriseth both And if it should not then would penalties be frustratory and offenders be rather protected by law then by lawe punished Article 3 No officiall nor other officer should take any more thē three pence for the seale of a Citation els they forfeit double costes c. Answere Why doe you not sue them vpon the statute if they take more you might make a goodly gaine in promoting of matters against them but you will not your proofes are so sclender That Officials others do take more then they ought for seales of processes I
know not if they doe I defend them not But sure I am that no officers take lesse To let others passe I know certaine Pettifoggers and Scribes like the forgers of these articles that by taking are growen to wealth and a Scribe that for signing and sealing a letter hath had not three pence but three pounds and a good gelding for expedition neither is any thing more vsuall then the bribery extortion and coosinage of these companions that are most busie in watching and accusing of others Let them therefore take heede that they may be able to cleare themselues and for ecclesiasticall officers that haue taken more then ordinarie spare them not In this taking worlde it were good that takers of all sortes were looked vnto Article 4 No forreyn constitutions c. haue any force in our state 25. H. 8. cap. 19. yet the Bishops in their consistories practise Romish and Imperiall constitutions Answere In these few words many great faults are cōmitted first he iumbleth Romish Imperiall constitutions together as if the same were both one or as if the law of the Pandects were called Constitutiōs secondly he calleth her Maiesties lawes forrein lawes making this realme crowne to depend vpō forrein power which is derogatorie to her Highnesse auctoritie and contrary to practise of Lawe For whencesoeuer any lawe is deriued yet is it the lawe of that countrey where it is practised The lawes of the Romanes for the most part were borrowed of the Athenians and Spartans yet were it absurde to call the lawes of the twelue tables the Lawes of the Greekes Thirdly ignorantly he supposeth that the statute condemneth forreyn lawes yet doeth it not speake of any forreyn lawes but onely of the ecclesiasticall lawes of Englande the equitie whereof is so apparant that if twelue Consistories and so many Scribes and Proctors should all ioyne their heads together yet could they not deuise any one lawe so equall as the worst of these that are in vse and those that haue gone about to make other Lawes and correct the olde haue committed such errours as their friendes may bee greatly ashamed in their behalfe The Ordinances of Geneua and articles of French discipline and that pelfe that ours call Holy Discipline shall testifie this to bee true as by particulers I will shewe when neede is Lastly they charge the Bishops for putting in vre forreyn Constitutions and yet cannot name one 1 In their meetings at Warwike Cambridge Oxford especially when the new discipline was vpon forging But if the Bishops offende that execute her Maiesties Lawes howe will this Accuser answere for his Clyents that haue in secrete conuenticles enacted and also practised Canons and Lawes directly contrary to her Maiesties Lawes and Prerogatiue and therefore are to suffer imprisonment and pay fine at her Maiesties pleasure by the same statute they alledge against vs. Article 5 Such Canons and Constitutions onely as bee not repugnant to the Lawes Statutes and Customes of this Realme ought to be put in practise 25. H. 8. c. 19. But the bishops giue sentence in infinite matters which would be otherwise ruled by the Common Lawes Answere If the Bishops or other Ecclesiasticall officers should deale either contrary to Lawe or without warrant of Lawe they coulde not escape punishment hauing so many spitefull eyes to watch ouer them neyther if they should attemptit would the reuerend Iudges which are to grant prohibitions in that case permit it If they doe against the lawes of the Realme why are not the lawes named and men charged and the fact noted This silence of the babling accuser is their sufficient discharge and his vaine discourse voyd of reasons a condemnation of his babbling Article 6 The Bishops haue reckoned such men as haue bene ordeyned ministers in reformed Churches to be lay men Answere All haue not so reckoned them yet if they had they had not done it without cause for they thēselues say the bond is only mutual betwixt the minister that particular congregation whereof he is made minister and that one congregation cannot appoint ministers for another and our lawes allow none but made after our orders Why then do not new made ministers packe away to their makers Why doe they run away from their congregations like recreant souldiours from their stations Here they haue no calling Both popish priests and they alike may wel be accounted with vs to haue no calling being both by their owne doctrine and by the statute of 13. Eliz. c. 12. debarred from the ministerie and for their hatred to the Church most vnworthy of any ecclesiasticall function or to liue in the Church which with all their might and malice they haue oppugned Article 7 The law requireth a subscription to articles of religion onely that concerne the confession of true faith and doctrine of sacraments 13. Eliz. c. 12. The bishops vrge a subscription to the bookes of homilies and diuers ceremonial and transitory matters neyther concerning faith nor sacraments Answere The statute requireth subscriptiō to the booke of articles and euery article therein conteined among therest to the doctrine cōcerning our ecclesiastical regiment Homilies that is cleare by the words of the statute that mētioneth the booke and al the articles therin conteined and by interpretation of the most learned lawyers And if it were not so thē would it followe that a great part of that booke which the parliamēt meant to confirme is voyde which were to euert lawes by cauils as these doe not to interpret lawe Neither doth it helpe the platformers that the title of the booke is Articles concerning faith and sacraments For things are denominated of the greatest part and in our account matters of gouernment are directed by the word of God which is the ground of faith Neither woulde it bee taken if any papist should take exception to any article in that booke and not subscribe for that it apperteyneth not to faith nor sacraments Besides the allowance of lawes and statutes the Bishops for this subscription that is required vnto three articles haue sufficient warrant In vaine therefore woulde the articulators oppugne lawes by law and disloyally doe they spurne at her Maiesties authoritie yea in cases wherein they cannot take any iust exceptions bluntly subscribing to al the fond discipline of Geneua to the which wee can take so many sufficient exceptions But if it be such a fault to make men subscribe to lawes whereunto euery man is supposed to yeeld his consent in parliament and whereto euery one ought to obey what punishment doth T.C. and his bold companions deserue that subscribed to canons constitutions made in a corner directly ouerthrowing her Maiesties supremacy ecclesiastical lawes a great part of the lawes of the realm if they were receiued And if subscription bee so heynous a matter why is it required at Geneua in France to most simple orders not for gouernement but for the vtter debasing impouerishing and
ouerthrowe of the ministery as too late now the ministers thēselues there begin to feele why should it I say be more lawful there then with vs Article 8 If the bishops publish any Canons or orders to be practised without the royall assent of her Maeistie they should bee fined and imprisoned 25. H. 8. c. 19 yet notwithstanding this statute they publish subscriptions in their prouinces and articles in their Diocesses without any assent of her Highnesse Answere The end of this article is to haue the bishops imprisoned and fined according to the rules of puritane charitie But the meanes and proofes whereby the articulators endeuour to effect it are all too weake For they can neither prooue that they haue published Canons constitutions and prouinciall ordinances without the princes assent nor that they haue done any thing therein against lawe nay albeit in their subscriptions they require nothing but obedience to lawe yet did they not require them without speciall warrant But saith the accuser they publish new subscriptions articles Goodly stuffe As if either subscriptions or articles were canons or constitutions or ordinances or els such as minister priuate articles about matters in ciuill courts could be said to make new lawes It appeareth the man is but a nouice in law that knewe not what is law That he erre not let him vnderstand that the ordinances of discipline made by T.C. and his fellowes were made contrary to this statute And therefore if they desire Iustice to be done let the lawe be executed vpon offenders and let innocents be no more wronged Article 9 Ecclesiasticall officers extort from schoolemasters sometime 7. s. sometime more and make them subscribe both contrary to lawe Answere If they take 7. s. for a licence it is not much I know a petifogger yea a Scriuano that for writing a licence hath taken 7. li. let them therefore both bee punished together according to the seueral qualities of their offence and let all takers and extortioners answere for their extortions I defend them not I excuse them not I fauour them not As for subscriptiō of schoolemasters how can it be misliked seeing it is only for confirmation of law exacted of them least they should instill discontētment schismatical heretical opinions into their schollers minds Done at Geneua Ordon de l'esehole de Geneua as but too many factious and puritane schoolemasters haue done to the great preiudice of this Church and state the more haue they to answere for that haue suffered them and more care ought men to haue that such nurseries of rebellion bee not suffered But what reason hath this pettifogger or the scriuano his suggestor to condemne subscriptions seeing both of them win more by scribling and subscribing then any ecclesiasticall person I know in England Article 10 By the great charter none may bee imprisoned but by the lawfull iudgement of his Peeres or by the law of the land Answere By the lawes of the great charter the priuiledges of the church state ecclesiastical are with most pregnant termes confirmed and yet this faction without regarde either of charters or lawes or honor of the prince that is sworne to maintaine them or of the reputation of the realme that standeth most in maintenance of Gods church religion goeth about to ouerthrow both the ecclesiasticall state and all the customes rights priuiledges of the church if then he think it not lawful to infringe the lawes of Magna Charta what presumption is this that he his companions directly oppugne them on the contrary side he cannot charge any iustly with the breach of lawes let him if he can name any that hath imprisoned any contrary to the lawes of Magnacharta if he cannot why doth he speake of imprisonment to no purpose If he affirme any such matter of bishops he doth them wrong For they imprison none by authority Episcopal If he speake against the high Commissioners in causes ecclesiastical he is to vnderstand that diuers of them being of the most honorable persons and Iudges in the land they will not doe any thing against law Nor doe they commit any but contumacious offenders whom no lawe may spare That they punish men for not swearing vainely is a vaine lye To say that an othe offered by a magistrate is vaine is both disloyaltie and Anabaptistrie But all this rigour is clemencie in respect of the consistoriall proceedings For there men are censured by opinion and ministers disgraced vpon suspicion and Caluine put a syndicke and diuers chiefe men of Geneua to their oathe to answere whether they had bene daunsing at widow Baltazars house and after that remooued diuers of them from their places he that liketh these orders must needes commend ours Article 11 By the common lawe a man shall not be examined vpon his othe in matters that sound to his reproch Crompton 182. Answere Cromptons worde is no measure of lawe The contrarie hereof is lawe by the opinion of the most learned Iudges in England It is the practise of the court of Chancerie in the court of the coūcel of the marches principalitie of Wales in the court of Starrechamber whereas the parties are examined vpon their othes vpon periuries forgeries and many other misdemeanors Suppose it be at the instance of parties which notwithstanding is not alwayes yet it appeareth that othes to discouer things reprochfull to a mans selfe bee lawfull and very common and most necessarie And a simple lawyer was he that vnderstood not so much Likewise in other courtes of recorde at Westminster the iudges by corporall othe examine any person whome they haue cause to suspect to haue dealt lewdly about any writte returne entrie of rule such like matters By the statute of inquisitiō 1 Stat. de Exon de Inquisit super Coronat vpon Coroners the enquirors shall make the Bailiffes sweare that they shall conceale nothing no though it be penall to them Masters of shippes are to bee put to answere on their othes vpon the statute of money 9. Edw. 3. c. 9. Whether they haue committed any fraude So likewise they that are charged vpon the statute 2 8. Edw. 4. c. 2. of liueries must answere the bill vpon their othe though the matter be penall The same is apparant by the statute of wines 24. H. 8. c. 2. of banckrupts 34. H. 8. c. 4. by the statute of supremacie by the statute of Fugitiues 13. Eliz. c. 3. In appeales at the Common lawe the defendant before battell is driuen to 3 Stanf. Pleas of the crowne lib. 3. c. 14. sweare A Iuror departing from his companie was examined on his othe whether he had talked with the defendant yet if he had confessed it the same had bene penall M. 34. Edw. 3. fol. 3. In an action of formedon couin being found by othe in the defendant hee was punished by the Iudges discretion T. 7. H. 4. fol. 19. The othe of supremacie may be giuen
mouthed Libellers and enemies of the Ministerie professed doe call honest men it is not materiall I know none marieth but such as haue allowance sufficient of their choyce If they haue not let the offenders be corrected and not innocents be disgraced for others offence why they should be called forward I know not seing none is so forward in marrying as the Puritan sort of whom I knowe none that hath the gift of continencie but would they cease to disgrace others I could for my part be contēt they should vse their libertie prouided alwayes they make not too great post haste nor without regard and consideration of their future wiues qualities leape into sodaine mischiefe Article 44 The clergie people goe not in their habits and square caps Answere What do the Puritan people forsooth they square it out for the most part in new fashiond conceited apparel are all clad in Satin veluet and costly apparel and braue it like people of a new gouernment some for humility sake goe in flat caps others go like clownes in russet clokes well they may for their religion is a russet religion good for none but russet cotes such as fauour populer gouernment fitting none but our rusticall platformers whose maners are rude vnciuill that men go not more orderly this faction is cause which maketh warre against the ministery and by all meanes seeketh to offer them scorne Article 45 The Bishops Officials allow none to be absent from their owne parish vnlesse they will pay a Marke for a licence yet law suffreth men to heare Sermons other where Answere Law restraineth men to their owne parishes but lust would be gadding abroad to see what is done elswhere for which if any officials graunt licence contrary to lawe there is law to correct them but why this man should be so offended with taking money for licēces I see no cause seing his deare friēds yea himselfe too vseth more taking then giuing and considering that Pettifoggers Scriuanoes such as the authors of this booke seeme to be liue by taking take without licence and contrary both to licence and law and haue wonne more by taking then others by long seruice and for all their pretended hypocrisie will neither spend nor loose commoditie for their puritane cause why men should not be suffered to frequent factious sermons there be diuers causes it is the way to faction sectes heresie and tumults and diuers other disorders Article 46 Songs in Churches should be distinct and modest Answere So they are but the Libellers eares were percase so out of tune that he could not iudge when he heard them for how can his eares be in tune whose wits not long since were in so great discord In the opinion of all wise men that can iudge and haue skill our church musicke is distinct modest and graue and farre passing the discordant tunes of Puritans Article 47 None of the Queenes subiectes should call one another hereticke nor scismaticke but we are so called and Puritans too by certaine Libellers Answere Yea and that very iustly too if you mayntaine this Libell and your newe booke of prayers and their most seditious and hereticall pamphlets of T. C. and others neither are they Libellers in so calling you nor doeth the Iniunction protect factious mates but quiet and good subiects such as you will not shew your selues to be rayling and reuelling at Lawes and gouernours in most shamefull sort and therefore disdayne not to be called by your names nor wonder if you be beaten with your owne weapons Article 48 Bishops and their Chapleyns seldome make a legge at the name of Iesus vnlesse it be at the reading of the Gospell nor remember Iesus but when they lustily sweare by Iesus Answere All Puritans vtterly mislike this bowing at the name of Iesus this semypuritan and demychristian misliketh the omitting of it therein condemning all his companions as contumacious lawbreakers and not proouing any matter against his aduersaries for which both one and other haue cause to mislike him but especially for lying and slaundering of Gouernours wherein hee sheweth his full malice and choler in charging them and want of matter in conuincing them The Puritanes speake nothing without protesting doe you not call that swearing no it is forswearing for when they protest deepest then commonly they dissemble most and performe least yea many of these seeme with the Priscilianites to haue litle regarde of othes as appeareth by their examinations If he knew any of his aduersaries that offendeth in swearing I doubt not but they shoulde heare it Article 49 The Queene accompteth them good subiectes that acknowledge her Maiestie to be sole supreme gouernour ouer all her subiect in all her Dominions The Bishops doe not Answere If nothing els were to bee respected but this poynt then were all lesuites and Seminarie men and other traytors good subiectes for they doubt not to giue her the title of sole supreme Gouernour ouer all her subiects but that she hath authoritie to make Ecclesiasticall lawes and iudge in Ecclesiasticall causes and to appoynt Iudges and officers to iudge therein that no other hath power ouer her Maiestie neither Iesuites nor Puritans will confesse therefore vnlesse they acknowledge all the rest of her Maiesties prerogatiues and shewe more obedience to Lawes then hitherto they haue done they can not so easily scape the notes of disloyaltie Article 50 The Bishops haue not punished offendors against Iniunctions but are onely carefull to vrge subscriptions othes ex officio c. Answere If the Bishops haue not done their dueties why doest not thou make thy selfe party and accuse them they stand vpon their defence why commest thou not foorth in thy likenesse to charge them In the meane while take this answere that offences must first bee knowen and then punished and secondly that bishops haue suffered as fewe knowen offences to escape vnpunished as any other officers thirdly that those offences that tend to the ouerthrowe of the State are most narrowly looked vnto and lastly that he is a lewde mate that doeth picke quarrels with others for not executing those Lawes which himselfe doeth mislike As concerning their vrging of subscriptions and conuenting those that are disobedient to law the Bishops haue offended in nothing more then that they haue not bene more peremptorie in vrging them no State nor Gouernours euer suffered such notorious disloyaltie so long vnpunished Article 51 Bishops take extraordinarily for licences to preache contrarie to their owne aduertisements of licentious Preachers no licence is required Answere Shewe who they bee that take so much and who these licencious Preachers bee or els men will esteeme thee a licencious Libeller for mine owne part I knowe none more licencious then thy selfe and thy consortes which with all impunitie speake against Lawes and take to themselues libertie both to liue and beleeue as they list and for taking surpasse all other takers taking both from Church and
Schooles what they can yea sparing neyther friende nor other men of wonderfull large conscience Article 52 Many are absent from their cures without lawfull cause Answere Shewe that and thou mayest haue remedie against them yet take heede thou dealest not too curiously in this matter for feare thou offendest thy deare brethren of the fraternitie of deformation for none doe more willingly discontinue from their charge nor haue lesse or more vnsufficient cause Others haue lawfull businesse these to alter Lawes to stirre the people and mayntayne faction wander about and neyther regarde flocke nor Lawe Article 53 Ecclesiasticall persons doe not weare in iourneying clokes with sleeues Answere The reason of this is the contempt of Puritans and scorne offered by them to those that obey lawes for while they breake lawes themselues and scorne obedience in others these poynts haue bene slackely obserued of diuers yet is not the matter capitall for when ministers go most vndecently yet do they not come neere the flatcapped short cloked russet clothed and lether breeched broode of Puritans Article 54 The housholde seruants of Bishops bee not of so good life as they should bee Answere No more is this Libeller but in what house can you finde them more orderly nay can you finde them in any Puritans house so orderly this I dare auowe that the lewdest man they keepe is more honest and discreete then this Libeller or his compagnions and hath more gouernment of his tongue and actions Article 55 Bishops make blinde Porters and outworne seruitors Ministers Answere They that did it are therefore greatly too blame and therefore spare them not but let their names bee knowen more blinde and absurde fellowes then the Disciplinarian sort I knowe none they are also both outworne and forlorne for all the stuffe they had deuised in seruice of the consistorie is now past and spent and T. C. liueth now all by speculatiō except always some litle gaine he hath by interest Article 56 Bishops should not as they doe graunt Presentations and Aduowsons of liuings before they be voyde Answere The man towardes his ende speaketh ouer Hee sayth Bishops graunt Presentations yet was it neuer heard that a bishop as ordinary did graunt a presentation for that is the office of the patron to the bishop not the bishop to the clearke neyther doe bishops graunt aduousons of Churches for they are nought in law if they graunt them I would to God that all men did so'well bestowe their liuings as some bishops doe and I thinke that the worst bishop doth bestow them better then many of the best lay patrons if they did their dutie herein there would not bee such buying and selling as there is and so many learned men destitute of liuing it is not the bishops but the wicked generation of sacrilegious Churchrobbers that sell aduowsons yea and woulde sell both Church and soyle if they might and next to these such petit incornifistibulat pettifoggers and scriuanoes as the chiefe authors of this libel that must haue bribes vnder hand to helpe to procure the patrons fauour Article 57 The booke of Martyrs shoulde bee in Cathedrall Churches and in Deanes and in prehendaries houses but is not Answere How knowe you that it is not were you euer there if you were it shoulde seeme you came thither for a spie most vnworthie to treade in their houses or Cathedrall Churches which you woulde so willingly spoyle but were you there or not first it is false that by lawe the booke of Martyrs shoulde bee in such houses for the Canons are not law next that they are not there lastly that they shoulde bee in Churches Article 58 Chancellors Commissaries and Officials should be learned in the ecclesiasticall lawe but are vtterly ignorant Answere I knowe none but may put both thee and thy consorts to schoole howsoeuer you take your selues to bee learned but if any vnlearned Officiall come in place without merite I will giue thee leaue to sease vpon him and take him out of his place to bee thy companion two fellowes vtterly ignorant together Article 59 Vnpreaching Prelates shoulde teach children to write c. but yet the parishioners are burthened to finde schoolemasters for these matters Answere The office of inferiour curates which hee aymeth at God wot is a simple prelacie such prelacie God send to this libeller and his companions and yet woulde it bee too good for him being neither so honest nor learned as most of them the fault he noteth in them is that they teach not children yet are none bound to teach without wages neyther can hee charge any for not teaching that hath competent wages allowed what wise man then was he to alledge that for law wherein is neyther law nor trueth Article 60 The election of Church wardens by the ministers and people and the admonitions which they should vse to offenders are omitted and accounted seditious and schismaticall Answere All this is false for the election continueth I doubt not But they do admonish vnruly persons I knowe none that accounteth it seditious or schismatical but if you suppose to proue your populer election of bishops ministers your supposed aldermen their office by the election of church-wardens you are wide as farre east and west the church-wardens deale with small matters these iniambe vpon the prince and treade downe his authoritie those are vnder the minister these controll both ministers and princes and therefore to elect such would bee seditious and schismaticall of which he that sheweth himselfe a patron is both a schismaticall and seditious person Article 61 The bishops keepe non residents about them though by lawe confessed to be odious and spoken against in parliament Answere Many things haue bene spoken of against in parliament which haue bene there reiected as ridiculous among other things the new puritane communion booke consistoriall discipline as for nonresidence there is no reason it should be spoken against seeing no man defendeth it and lawes alreadie made condemne it for nonresidence is simplie condemned and onely for certaine causes allowed for the priestes of the law had their turnes and the bishops of old time had their times of absence and the disciplinarians dispense also with long absence of their ministers why shoulde they then bee so rigorous to other being so liberall to themselues or why doe they accuse bishops for mayntayning nonresidence that maintaine it not liking it in themselues that offende in it Article 62 No man shoulde haue aboue two benefices at once not distant aboue 26. miles yet many haue 3 or 4 scattered an hundred miles one from another Answere First that is false in the Queenes chapplaines for they may haue more then two if it please her Maiestie to bestow them vpon them neyther doe I require any greater argument of the libellers disloyaltie towarde her her Maiestie then this that he is still pinching at her prerogatiue secondly it is not to bee prooued that others
probable nor euer did shee desire it nor can the Libeller proue it Onely she desireth that according to the lawes of God and the Realme as she and the learned iudges do interprete them and as the words doe signifie she may rule the Church This they doe denie and doe attribute this power to the factious Consistorie and therefore are factious Puritans Quaere Put-case Quest 13. whether the Archbishops of Canterbury should not rather be called Popes then Primates of all England seeing that a Cardinall gaue them the name of Primate as master Lambert saith and a Pope assigned them the name of Popes Heere I must also aske the Put-case a question or two viz. Answere why Tho. Cartwright is not called Tho. Wheelewright seeing hee would turne all round as a wheele and why W. Staw is not called Iohn Daw like reason is in both Names are giuen some by Lawe some gotten by vse And therefore seeing Archbishopsare called Primates euer since before the councell of Carthage great absurditie it is to dispute whether the Archbishop should be so called or no. And farre was master Lambert from his recknoning when he imagined the Cardinall Hugo to bee author of that name Neither can he shew that the Archbishop was euer called Pope by Vrban before the factious Puritans in their rayling vayne deuised that name for him in scorne But whatsoeuer was giuen sometime or nowe is in scorne cast on him hee renounceth the name Pope for the abuse of it and is farre from clayming the Papall authoritie If hee had the authoritie eyther of the Pope or of a meane Bishop yet durst not euery Sycophant play with his name and style neyther would such base fellowes so shamefully abuse him Hee ruleth by lawes he deriueth his authoritie from her Maiestie he can doe no man wrong he is vtter enemie to all papall authoritie Contrariwise the Lordes of the consistorie take on them like Popes to iudge in Christes seate to be Christes vicars to controll and excommunicate Princes to dissolue States to giue lawe to Kings to throwe to hell and no man may once speake against them where they rule without danger of their libertie and life These therefore are popes in deede and seeing they are so why may they not be called also Popes seeing they are dubbed with this name by diuers Quaere Put-case Quest 14. if Wickleffe Luther Caluin c. were nowe aliue and should speake against the Lordship of Bishops as they doe in their writings to which prison the Bishops would send them and whether doe bookes seene and allowed conteine matters of Felonie and diffamatorie to the Queene Quaere also Answere if the skie should fall where would bee best catching of woodcockes both questions are alike For as the skie wil not fal in haste so would not these learned men mentioned in this question euer open their mouthes against godly men or the state degree of bishops That is onely proper to the foulemouthed puritanes They speake against the tyranny and vanities of popish bishops with whome our puritanes doe not much meddle but rather treacherously strike good souldiers that fight against thē Our puritanes declaime against holy bishops of times past and preachers of the holy Gospel such as those learned men neuer condemned Let the libeller if he can bring forth one place which is not meant of papisticall bishops And therefore let them goe to the Fleete themselues as mutinous companions the fellowshippe of those learned men they cannot haue whose bookes although they bee allowed for diuerse good things found in them yet can it be no warrant for the platformers high stiled declamations nor any iustification for that which is euill For there can bee nothing more vnlike then bishop Latimers booke and Cartwrightes replies defacing the bishops Neyther are the wordes seene and allowed sufficient to warrant seditious writings For sometimes printers are too bold sometime the authors sometime the correctors and it cannot bee denyed but in Wickleffes bookes there bee faultes Chaucer and Reynold the Foxe are allowed to bee printed and many bookes moe for the good they haue not that any part of the leudnesse of them is allowed And therefore let the Putcase leaue pleading of seene and allowed seeing wee can neyther see his consortes much nor allowe them nor approoue whatsoeuer by their fauourers is printed though it be with seene and allowed Quaere why papists should finde more fauour Putcase Quaest 15. them the seekers of reformation and why they should not bee condemned as felons for their abominable doctrine If all should be punished Answere that maintaine abominable doctrine it would go very hard with the puritanes whose haeretical and leud opinions are very many and very abominable The particulers I haue in part touched before and shall if neede be lay them downe more amplie elsewhere Let not therfore this Putcase repine at her Maiesties clemencie wherin her special honor consisteth seeing they enioy it liue by it themselues let them not enuie it to others That papistes are more fauoured then puritanes is a bold and impudent assertion for it is wel knowen that diuers of them haue bene executed some as traytors some as felons others haue payde for it as recusants whereas none of this faction haue bene punished in like degree saue Hacket albe it they denie her Maiesties supremacie many of them refuse to come to church If there bee any that haue fauoured papists let them susteyne the shame of it for the ecclesiasticall state hath bene most diligent to suppresse them whereas contrariwise by entreatie fauour meanes made by puritanes by some one that hath his finger in this petition many haue bene dismissed First therefore I answere that it is vntrue that papists find fauour more then puritanes Secondly that the fauour which is procured for them proceeded specially from puritanes and their fauourers Thirdly that neither of them both deserueth fauour Fourthly that seeing her Maiesties pleasure is to shew them fauour for their liues they are not to repine at it nor malepertly to traduce her doings Lastly that the puritanes in termes do more maliciously oppugne her Maiesties proceedings ecclesiastical lawes then the most trecherous papists that are fled for the same out of the land And that therefore they are to quiet themselues and not to stirre in this their bad cause for the more it is opened the worse it sauoureth Quaere Putcase Quaest 16. if the bishops proceedings against men per ordinem inquisitionis doe not resemble the papall order in the time of crueltie Nothing is lesse like Answere for the Iudges now proceede by authority of her Maiestie and according to her lawes and yet are abused by euery base felow In times past they proceeded by other authoritie and by orders from the Popes then no man durst abuse thē These punish according to the Queenes lawes those according to their
directions Neither is the inquisition which we haue deriued from the pope but vsed of al nations contrariwise the inquisition of the cōsistorie is like to the Spanish inquisition the papal proceeding For as in the Spanish inquisition so in the consistorie a man is called knoweth no accuser and whether hee confesse or not hee is sure to abide the order of the consistorie and what they command the ciuill Iudge performeth And therefore if all must away whatsoeuer is borowed from the pope away must the consistorie goe and their excommunication of princes and their absolute tyrannie Quaere if Christ were before the bishops should answere Putcase Quaest 17. beeing demanded of his doctrine I spake openly c. Aske them that hearde me whether he should be committed as M. Bambridge M. Iohnson and other godly ministers This question touching Iohnson and Bambridge concerneth the ecclesiasticall state nothing at all Answere For their cause was heard and ended at Cambridge before the Vicechanceller and his assistants so that it should seeme to bee a case put besides the cause in handling But in the same wee may see that these fellowes meane no lesse to ouerthrow the state priuiledges and iurisdiction of the Vniuersities then of the bishops Marke it therefore you my masters of the Vniuersities These fellowes whom you foster in your bosomes meane to touch your freehold also neither can they conceale their malice against all men of learning To answere this absurd question I say that I cannot chuse but wonder that any shoulde bee so blasphemous and wicked as to compare Christ Iesus the sonne of God vnto Iohnson a factious companion and a wicked heretike Out of Cambridge hee was expulsed for his mutinous Sermon and other leude behauiour From thence he went to Middleborough a retrait of such kinde of fellowes There hee declined into Barrowisme wherein hee now continueth hauing augmented his opinions with many newe fancies of his owne Bambridge a man somewhat wiser then Iohnson yet neyther to be compared with Christ nor any verie discreete or modest Christian Christ neuer declaimed against the state of priests nor did hee spreade newe doctrines nor did he spurne against gouernours These haue done al these things and it is the cōmon practise of all such as bee of this sort Christ did not refuse to answere directly and confessed that he was the sonne of God These stand not vpon their innocencie but vpon tearmes of lawe Neyther doth the example of our Sauiour fit them For hee being asked of his doctrine in generall coulde not otherwise answere then in generall These refuse to answere in particular poyntes which he did neuer and therefore iustly were committed A matter iustifiable both by the lawes of God also the lawes ciuill canon and common If being to answere in the Starre Chamber or Chancerie vnto certaine articles they shoulde answere That they deliuered nothing but publikely and will the examiner to aske them that heard and saw they would bee sent to other places to aduise vpon the matter Further I say it will not fall out in proofe that those men which haue bene conuented before the high Commissioners in causes ecclesiastical are either godly or wise or ministers therefore false it is that he affirmeth them to bee godly ministers and very scandalous to the state whom he setteth forth as a state persecuting Christ Iesus whereas in deed these men by defacing the Church and the gouernours thereof by teaching of erronious doctrine and by raising of stirres about a new gouernment which was neuer heard of in Christs Church do shew themselues enemies of Christ of his Church and of his Gospel and therefore together with Iohnson of whom themselues are now ashamed to bee cast out of the Church vnlesse they shew more signes of amendment Quaere Putcase Quaest 18. if by the iudiciall lawes by the Court in Chauncerie or Starre Chamber any man be forced to sweare before hee knowe the cause at least in generall whereunto he is to take his oath Suppose a man should graunt so much Answere albeit the vse be not alwayes so what will he conclude That the high commissioners proceede contrarie to lawe His purpose is so to doe but his argument will not so conclude vnlesse he shewe that they doe not also declare in generall the summe of the matter to which euery one is to answere But that he cannot doe and therefore I returne him backe to his prompters to frame his case better and doe reiect him as alledging matters not concludent In the meane while let him vnderstand thus much that the proceeding of Ecclesiasticall courtes in exacting of othes is not onely confirmed by all lawes but also by the practise of Geneua the patriarchall sea of puritans Quaere whether Bishops be not bound to confirme children Putcase Quest 19. aswel as Ministers to marrie with a Ring And whether may not popish young men not being confirmed refuse the Communion He would conclude Answere that because Bishops neglect some part of their duetie it is lawfull for his consortes to breake all lawes but the sequele is naught That children are not confirmed the fault is in parents that bring them not of these seducers that preach against confirmation not in Bishops And therefore if any refuse to receiue the Communion it is no reason he shoulde receaue benefite by his owne negligence but rather be punished for both faultes In that he ioyneth popish young men together with fantasticall young Ministers which refuse to marrie with the Ring he doeth not amisse for they doe both consent in oppugning the state and therefore are both to be punished neither will the pleading of the Bishops negligence if any be serue either of them Quaere Putcase Quest 20. whether an Ecclesiasticall Iudge may punish Bristowe for writing that our Communion booke is an apish imitation of the Masse-booke seeing the statute giueth onely that authoritie to Iustices of peace and whether Bristowe deprauing the Communion booke may be depriued of all his spirituall promotions for his first offence c. Item whether the lawe doeth not fauour the puritan as much as the papist The case is absurdly put Answere for it supposeth matters vnprobable as that Bristowe should haue certein spiritual promotions in England had onely offended in speaking against the Communion booke whereas the man did wilfully flye out of his countrie for his mislike of the state and practised diuers treasons and for the same being apprehended committed to prison died there Onely this thing is herein commendable that puritans papistes are very fitly ioyned together in this case Both deny the supremacie alike both depraue the gouernmēt-alike both rayle against our Communion booke alike and therefore that all may be alike both deserue to be vsed alike To the question I answere That the lawe accepteth not of persons but whether Th. Cartwright or Penrie or Bristowe or Allen
by Fitzherbert For otherwise that writte should be contrarie to infinite other lawes Vpon this error what maruell is it if Crompton a man of no iudgement hath bene deceaued seeing Fitzherbert hath also mistaken such matters Neither is it maruell that lawyers speaking for their clyents doe speake otherwise then lawe For neuer before this time was it heard that the pleading of lawyers shoulde be accounted to be lawe further then they bring lawe and reason out of lawe To make a somme therefore of these matters Master Cooke who now for his manifolde good partes is made her maiesties Solicitor shall yeelde no thankes to this Libeller for bringing his name in question to bee a fauourer of malcontentes and an enemie to the Ecclesiasticall state Neither shall any credite you hereafter for this your notorious belying the Iudges For it is well knowen that the Iudges haue resolutely both condemned the disloyall practises of this sorte of men and also allowed the proceedings of the Ecclesiasticall courtes Nor shall any allowe your malice that with false reportes goe about to enkindle a dislyking among Iudges And therefore vnlesse you set downe the state of the controuersie better and reason more sufficiently both your selfe as an ignorant Put-case and your cause as repugnant to lawe will be condemned Quaere Putcase Quaest 26. if the high Commissioners for Ecclesiasticall causes may cite men Ex officio to accuse themselues in matters neither Testamentarie nor Matrimoniall and may committe the Queenes subiectes to prison especially for refusing to take the othe And whether they ought not to take bayle and whether the writte De homine replegiando doeth not lye in that case Item what satisfaction Doctor Coosin Doctor Stanhoppe and Doctor Bancrofte will make to those that are so wrongfully imprisoned Item whether for that matter they may keepe men in prison without calling them to answere and finally whether they deserue not like punishment therefore themselues Here is great noyse Answere little wooll many wordes little witte much malice little or no reason For the high Commissioners they bee many of them men of great honor and such as will doe no wrong to any nor will proceede without sufficient warrant If they haue passed the limites of their Commission why is not remedie of lawe sought For satisfaction to these doughtie demaundes I aunswere First that no man is called to accuse himselfe but to aunswere accusations obiected by others Secondly that they haue power to call offenders before them and to examine them and that their iurisdiction were vaine if they might not punish the contumacious Thirdly that if such as are committed to prison for contempt might be bayled there were then no meanes to punish a contempt and that offenders put in prison for contempt are not baylable Fourthly that the writte De homine replegiando is not in this case grauntable as all lawyers can tell him Fiftly that they may deale in many causes besides Matrimoniall and Testamentarie Sixtly that the learned men there mentioned haue great wrong to bee thus contumeliously abused by this libeller they hauing done wrong to no man Seuenthly that men committed for disobedience are not to bee released but vpon their conformitie And finally that such libellers as take vpon them to raile at Iudges and to oppugne lawful proceedings are to haue their mouthes muzzeled vp and their malice repressed Quaere Whether any Ecclesiasticall Iudge hath conuented Putcase Quest 27. examined and committed any for matters felonious touching the Queenes crowne and dignitie And whether these practises doe not instanter instantius and instantissimè craue the Praemunire That his companions are in case of Praemunire Answere it is out of question for that they haue contrarie to the prerogatiue of the crowne brought in forreine lawes and forreine iurisdiction of more then papall Elders and made diuers Ecclesiasticall constitutions contrarie to the lawes of the realme Nay it were to be wished that they had onely offended against the statute of Prouisors But their deniall of the supremacie is a further point What then doeth that craue Let him speake in his Proctors stile It craueth consideration and the perturbers of the state craue a wiser Proctor As for Ecclesiasticall Iudges it is well knowen that they doe not deale in matters of felonie their actes are cleare if any man doubt they will refolue him Quaere Putcase Quest 28. whether any may bee imprisoned without warrant of law c. Can this libeller shew any warrant Answere he hath to accuse men vniustly If not why doeth he proceede in accusing and is so slowe in prouing If any be imprisoned vnlawfully the lawe is open Neither needeth he to tell vs of Sir Iohn Markeham in this case For that which Sir Iohn Markeham saith we acknowledge for it maketh nothing for the libellers cause Quaere Putcase Quest 29. whether it be not lesse danger to blaspheme the name of God then to speake against a Lord Bishop And whether moe Ministers haue not bene depriued within this seuen yeeres for ceremonies of men then for dronkennesse whoredome c. If it were so dangerous to speake against bishops Answere as this fellow pretendeth they would not be so reuiled nor reuelled at by such reuellers as this The cōparison which he maketh is odious Moe be punished for abusing the Consistorie then for abusing the name of God more doe these consistorials striue about the authoritie of their seate then about Gods honor But what then because some of them offend will they haue all Consistories abolished And therefore let him cease to talke of Bishops and looke bakeward home to the Consistorie that it be well swept and garnished To the second I answere that none are depriued for ceremonies but such as be rebellious against lawes and with no admonitions will be reformed which contumacie is a most odious crime and further I say that the offences which come to the cognition of ecclesiasticall Iudges are as strictlie there dealt withall as in any other of her Maiesties courtes Quaere Putcase Quest 30. why the Ministers may not refuse to weare a Surplesse as a Bishop to vse a Pastorall staffe Because the one is commaunded by Lawe Answere the other is not The Rubrike whereby they would proue the Pastorall staffe concerneth onely orders and ornaments to bee vsed in Sacraments and seruice of the Church and none other matters but suppose both were commaunded yet is it no plea for offenders to say because Iudges offende in some things that they may offende in others which is the course of these men Belike these are the times wherein offenders cal Iudges to answere and felons giue sentence against their superiours Quaere whether seekers of reformation suffer for religion Putcase Quest 31. and conscience in matters of discipline seeing their life is offered them by bishops if they will recant their opinion And whether the Popishbishops persecuted any that differed
from them in externall forme and ceremonies As Papists doe make treason religion so it may bee Answere that these schismatikes for their misdemeanours woulde bee accounted religious Otherwise it is euident that neither Papists nor Puritanes suffer for religion in England And therefore euil doeth it seeme that they seeke reformation or deserue to be called seekers of reformation and wel doth it appeare that they haue a bad religion and conscience that colour their lewdnesse with religion and lye without conscience As for persecution it is a terme ill applied to the proceedings of our Bishops and lewdly are they compared with traiterous papists against whom they stand in cōtinuall warfare For neither doe they conuent any but for transgressing the lawes nor do they impose punishments but vpon the rebellious those very easie punishmēts which in time of popery were death euen for denial of the least ceremony which this Putcase not vnderstanding he sheweth himself to babble of matters that he vnderstandeth not That bishops did offer life to Vdal for I knowe none but him and Hacket and a traytor in Suffolke condemned about these matters it is absurd to affirme For not they but others condemned him Neither is it in their power to graunt life nor in their wisedome to offer that which they cannot graunt And if they should bee so remisse as to bee meanes to her Maiestie for them yet would it argue their elemencie in going about to procure their liues that seeke the bishops ouerthrowe nay that most factiously goe about to ouerthrowe the Church the state and the rewards of learned men Quaere Putcase Quaest 33. whether he that publisheth bookes with long premeditation doth publish the same with a malicious intent True Answere if they be malicious bookes such as this libel is and such as the Demonstration of discipline and Martins ribauldrie was Neither is the case alike of a Sergeant arguing against the trueth in his Clients cause and of these that with out fee argue against both trueth and state For it is well knowen hee doth it for his fee and taketh heede howe hee offendeth against lawe but these leauing the case doe argue or rather rayle against the person yea against lawe and honestie Quaere Putcase Quaest 33. whether ecclesiasticall Iudges doe not giue sentence contrary to the common lawes and statutes of the realme and whether prohibitions doe not lye in such cases No doubt Answere there lyeth a prohibition if they proceed contrary to law But men learned will take heed they do not and especially seeing they haue such Canarian birdes as this looking vpon their doings and watching for the spoyle But let them take heede for in warres the spoyler is often spoyled and those that digge pits for the innocent fall into them themselues Quaere Putcase Quaest 34. whether hishops are not in praemunire or at least desere to be imprisoned and fined for practising popish and ciuill lawes in their courts seeing all forreine authoritie is banished and those canons and constitutions prouinciall and synodall onely authorized that haue bene made in England Litle doth this dolt knowe Answere what the praemunire meaneth If he did he would not so often flourish with the sword and doe no hurt Those incurre the praemunire which drawe the Queenes Subiects into forreine courtes out of the Queenes courts seeke to defeate iudgements giuen in the Queenes courts Likewise he is ignorant what lawes are practised in the ecclesiasticall courts For there are no lawes practised there but the Queenes lawes viz. such canons as were practised in England before the making of the Act. 25. Hen. 8. ca. 19 and not as this fondling saith such canons as were made in England Good it were therefore that some of his company would eyther admonish him or premonish him hereafter to leaue babbling of matters which hee knoweth not For it is either plaine impudencie or lunacie so to wrangle Quaere whether the bishops or the consistorie Putcase Quaest 35. encroch more vpon the ciuill magistrate That is a matter most easily answered For the bishops Answere albeit they deale in testamentarie causes tithes mariages and haue Baronies and sometimes deale as Iustices of peace yet all this authoritie they haue vnder the prince and from him they deriue it Contrariwise the consistorie draweth no authoritie from the prince but contendeth with the prince about supreme authoritie It giueth lawe to the prince it doth chastise and iudge the prince vnder colour of the breach of Gods lawe it doth encroch vpon all causes and controlleth all that are subiects to Gods lawe whereof the same doth take it selfe to be iudge It chooseth and deposeth all officers of the Church nay it deposeth princes if the fautors of it say true These therefore bee the fellowes that encroch nay that treade downe princes and as Th. Cartwright sayeth make princes to licke the dust of their feete As for that which this Putcase alledgeth that the Archbishop giueth the prince dispensations vnder his hand and seale it is a fable Let him shewe any of these licences so graunted But sayeth hee the lawe saith hee may well then let him quarrell with the lawe and not with the Archbishop who challengeth nothing as these doe but by the princes grant Besides that lawe was made to exclude all forreyne iurisdiction which these men woulde gladly bring in That which the libeller sayth of excommunication for mony is a leud calumniation long since answered Forwel it is knowen that no man is excommunicated for money but for disobedience to the Iudges decree and sentence And as those that will not yeelde to the ciuill Iudges sentence euen in the smallest matters are compelled by imprisoment so those that refuse to obey the ecclesiasticall Iudge are compelled by ecclesiasticall censures For they themselues doe interprete these wordes He that will not heare the Church c. to bee vnderstood both of great and small matters Quaere Putcase Quaest 37. if Moses vnder the law and Timothee and others vnder the Gospell needed to haue a forme of gouernment of the Church prescribed to them by the Lord whether it bee likely that the Lorde woulde commit the Church to M. Whitg M. Cooper M. Bancroft and others to frame a gouernement for it at their pleasures The Lord doth not commit his Church to bee gouerned by any at their pleasures Answere least of all to the aldermen and new consistories things like toodestooles the last night risen out of the ground and ruling al things without reine or restraint of reason It might haue pleased this libeller in naming these men to vse other names if not for authoritie they beare yet for common ciuilities sake but he will perchance shewe that he neyther respecteth authoritie nor ciuilitie but meaneth to reuell at all that resist his fancie and that iniuriously for neyther these excellent men nor others doe hold it lawfull to frame a fond
consistorian faction good because some here mentioned fauoured it for some had one respect some another and were men of strange Diuinitie for the most part which I could iustifie by particulars but I will not trouble the rest of those that are dead nor disgrace those that are aliue Let them be as good as they are supposed yet doe I beleeue one Father in matters of Diuinitie before them all Besides that diuers men here named neuer fauoured the Consistorie as the last French kings the Dukes of Saxony other Christian potentates neither did the Frenchmen contend for the Consistory which came to be afterwarde established but for religion And well it is knowen that both the Earle of Leycester and Sir Francis Walsingham in their latter times renounced these men confessing that they had bene greatly abused by their hypocrisie Neither do I thinke that Sir Nicholas Bacon Sir Walter Mildemay and such noble counsellours woulde fauour factious fellowes or suppose these whome the Libeller defendeth to bee good subiects Nay one of them hath spoken most earnestly in open Parliament against them and their Elderships so that this argument that standeth on such false assertions and weake authoritie cannot be good If this argument be sufficient to proue them good subiects albeit they deny her Maiesties supremacie in Ecclesiasticall causes and slander her gouernement then Papists and traitors may by the same be prooued to be good subiects for great Princes states and potentates fauour their cause The Bishops and other ministers that liue in obedience of Lawe cannot with those faultes bee charged and therefore are wronged to bee matched with these mutinous mates that with multitude and power rather then reason seeke to preuayle Yet haue they against them all the ancient fathers all counsels all learned men of time past yea all antiquitie yea many learned men of our time with whome neither for nomber nor authoritie are these fellowes to bee compared Quaere Putcase Quest 40. whether a Minister ought not to admonish the mightiest Prince of his duetie refuse to administer the sacrament vnto him if he bee a notorious offender and pronounce him to bee no member of Christ in the communion of Saintes if hee continue obstinate in open crimes and whether vnder the Law Dauid and other princes were not subiect to ceremoniall expiations and the spirituall power of Priestes and Prophets and whether Ambrose did well in vsing like authority towards an Emperour and lastly whether Zanchus Caluin Bucer Nowel Iewel Bilson and Bridges approouing the like be traytors Popes and tyrants If a minister may doe all these seruices against a prince Answere what should any neede to desire the Eldership forsoothe belike one is too fewe to suppresse a princes authoritie for this cause it is not fitting that any such power should bee granted eyther to ministers or to consistories for that which is alledged viz. that ministers may admonish princes maketh nothing for the consistory nor excommunication of princes by ministers for betwixt publike and generall admonitions and excommunication there is no small difference euery minister may vse that according to his place and calling but it were somewhat too sawcy a matter for euery hot braynd fellowe to vse this especially against princes neither did either the priests excōmunicate Dauid nor Ambrose pronounce sentence against Theodosius he did only exclude him from his owne communion nor do I find where any of these learned men euer did make the soueraine prince subiect to a cocke braynd fellowes curse If he were subiect then were he no soueraine prince then should euery minister controlle the prince which is absurd repugnant to state but as this felow doth insinuate Dauid was subiect to ceremonial expiations admitte it were so yet great difference there is betweene these expiations voluntarily vndertaken and excommunication violently pronounced as learned men haue shewed There is no other meanes whereby the 1 Machiauel histor fiorent lib. 1. Popes grewe great at the first then by excommunication shall we then recall againe the Papall tyrannie shall we establish the instrument of so many rebellions shall wee admit such foolish conditionall sentences which all Lawes condemne As for Nowel Bilson Bridges and others writing against papistes they doe not simply auowe such excommunication of princes as these would haue but prooue that other bishops may proceede therein as farre as the bishops of Rome and that with them they haue equall authoritie Quaere Put-case Quest 41. why there may not bee vnder a Christian Magistrate Pastors Teachers Elders Deacons and Widowes aswell as Parsons Lecturers Schoolemasters Churchwardens Collectours for the poore and Hospitall women seeing these doe and may execute in authoritie and power the whole forme of Church gouernment desired though their practise thereof is infinitely corrupted against the Canons of the Apostles to the danger of the Church and dishonour of the Realme First it is false Answere that they may execute the same authoritie that the Eldershippe may Who would not bee ashamed to affirme that our Churchwardens may excommunicate any person or that any with vs beside the Prince and parliament might make Lawes and orders but hee that shameth of nothing But suppose they doe some things which the aldermen doe yet were it no reason because these doe somewhat by lawe that we should admit a gouernment contrary to lawes to state to her Maiesties prerogatiue to al scriptures fathers antiquity yea to sence reason That which he saith that the offices of our churchwardens and hospitall men are corrupt to the danger of the church and dishonour of the real me is nothing but a sound of great words without reason for neither are the offices so corrupt as he pretendeth nor is there in thē danger or disgrace nay the worst of our churchwardens are as honest wise and learned as his church-aldermen as fit to gouerne as they yea and our collectors be as good as his deacons and that hospitals be not corrupt T.C. will looke that is a master of an hospitall and a man voy de of all corruption and good dealing Quaere whether the Ecclesiasticall high commission be not in effect an Eldership wherein some gouerne with Ministers Put-case Quest 42. who by profession are temporall Lawyers Ciuilians meere laye men and whether this gouernment consisting of spirituall and temporall persons be a meddley and lynsey wolsey discipline as the Remonstrance calleth the Eldership which is now desired Nothing is more repugnant Answere nor with lesse reason compared together then the high commission eldership If I did not tell them so much yet me thinketh that their continuall declayming against the high cōmission as proceeding contrary to lawes might teache them so much for if they be so like as this fellowe nowe recanting his rayling against the high commission pretendeth why should not wee take exceptions against the imperious aldermanship of the church as these doe against
the high commission especially seeing that the high commission dealeth only by authority from the prince and is limitted with lawes and is subiect to the princes commaundement and dealeth onely in extraordinary cognitions and may bee reuoked and cassed as the prince shall thinke meete And where onely Ecclesiasticall persons meddle with the censures whereas contrariwise the imperious church-aldermen clayme no commission from the prince nay they challenge the power and vicarage of Christ Iesus and superioritie ouer all princes and deale in small and great causes yea clownes and doltes dispute of relgion and throw out excommunications and rule all without lawe or reason by the onely instinct of their vncleane spirit or rather changeable fancie and therefore the Remonstrance sayth well that it is a lynsey wolsey and motley discipline patched together by men of motley ierkins consisting of contrary pieces iumbling both Church and common wealth together while ministers are sent abroad to beg for their liuing and artificers and clownes rule like Lordes in the Consistorie prescribing Lawes to princes so that if the Libeller desire this goodly gallimafrey of discipline hee is more fitte to weare a motley cote with an addition of haukes belles then to gouerne a Church or any part of the common wealth Quaere Put-case Quest 43. if the sole gouernment of a bishop in a diocesse be sufficiēt and most agreeable to Gods worde why is there an ecclesiasticall commission standing of many persons ciuill and Ecclesiasticall or if an Ecclesiasticall commission bee needefull in a Realme why not in a Prouince If in a Prouince why not in a Diocesse If in a Diocesse why not in a Deanrie If in a Deanerie why not in a Parish Lastly why might there not without absurditie and breache of true vniformitie bee planted in some places already capable a Consistorie or Commission of Elders though the like cannot bee accomplished in all seeing there bee newe Ecclesiasticall Commissions erected Deanes and Chapters broken musicke and Organs in some places not in other To these three questions Answere which are the very crisis of the Put case dreaming furie I answere first that seeing the prince by the lawes of God is soueraine gouernour in all causes within her dominions that beside the ordinary iurisdiction of Bishops within their seuerall Diocesse it is very requisite that there should bee a superiour authoritie to assist them and to strengthen them and to supply that which is wanting and in case they doe not their dueties to correct them secondly that as the Prince is one so there ought to bee but one supreme authoritie although by that authoritie her Maiestie may appoynt diuers Commissioners and yet nothing commeth thereby to the Eldership that claymeth authoritie not from the prince but from God and would altogether breake the vnion of her gouernement while euery consistorie would rule the congregation vnder it as best pleaseth my lords the church aldermen As for the gradation of the libeller if hee had vnderstoode any logicke he might haue learned that no kind of argument is more faultie by this reason a man might thus conclude against the libeller that if he will libell against authoritie hee will not spare the counsell if they withstande him if not the counsell neither will he spare the prince if hee contemne all humane lawes he will not greatly esteeme Gods lawes if hee care not for Gods lawe then will he not in the ende care for God himselfe likewise if the Sanedrin was at Ierusalem then in other cities if in cities then in boroughs so in villages and if the consistory be required in parishes then in villages if in villages then in hamlets if in hamlets then in houses if in houses then in the kitchin where the cooke is chiefe moderator which followe as well as his reasons many doe thinke that one high commission is inough too much for al England what then woulde they thinke if they should see in euery parish high commissioners yea what if there were but such cōmissioners as the aldermen of the cōsistonie be that claime a most absolute high commission from God planted in euery parish it would then be time to runne into some other countrey à remotis for it would bee hard liuing in England thirdly I say that there is no place in England capable of the aldermanshippe but such as is very capable of faction and disloyalty and that his reason drawen from organs and broken musicke is very weake for albeit there is broken musicke in some places and not in other yet can there be no elderships in any place for if any should bee placed the musicke of that companie compared with other places woulde sound like a paire of broken organes not onely like broken musicke and that gouernment would breake both Church and common wealth in pieces bring all out of tune they haue done it already in places where they be setled and were vnknowen to all antiquitie and therefore what reason haue wee to make triall of that which is like to prooue so dangerous Thus you haue heard all those contumelious cases questions and demands which this railing Putcase in his malicious fury hath thought good to propound not only to disgrace hurt the ecclesiastical state but also to ouerthrow law and gouernment if the course be lawful and honest who may not as well propound questions to the dishonor of any state or noble personage in the land there is no man of so rare merite nor so honorable but might if this course were suffered bee brought into enuie hatred and if I shoulde follow him in this course good Lord what shamefull and ridiculous matters do the publike and priuate actions of these factious persons offer to mens view al which albeit they deserue to heare yet it is not for me to speake neither do graue men desire to know I will only for requitall frame certaine interrogatories concerning the cause those persons which are principal agents in this cause that seeing how open they lye themselues they may hereafter deale more modestly with others if they follow this course I doe assure them that for euery one they haue propounded to vs there will be by some or other twentie propounded to them in the meane while let them content themselues with these and blame not me for I doe but answere and followe them seeing they haue begunne to come into this kind of field they must haue patience to stand to the hazard of warres if they would haue dealt ciuilly with me they should not haue ouercome me in curtesie CERTAINE QVESTIONS PROPOVNDED to the Putcase and his adherents wherein diuerse well affected to the state desire to be resolued QVaere whether hee that maketh doubt of the principles of our Christian faith bee not by the opinion of the ancient fathers an haeretike and whether the lawes do not condemne him for a traytor that maketh doubt of her Maiesties right to the