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
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
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
vs with their consistoriall presumptiō and yet did we not deale against their churches For that I wrote against the presbyterie I did it in respect that the same was obtruded to our church by a certaine vnlearned bold Italian that I wrote in Latine the cause was the Italians and Bezaes dealing for their presbyterie in Latine and also to let others vnderstād that our cause is such as we are able well to defend against Beza and all consistorials whatsoeuer and therefore seeing we meane not to obtrude our gouernement to them and so professe in our bookes let thē keepe their consistorie to thēselues and make much of it that it fal not to the ground for it is in very weake case Bezaes simple discourse doth yeeld it no comfort If any doe come forth to reply I do protest it is he that maketh the stirre and not I. and therefore for cōmon ease it were best for al to keepe silence but if they meane to prate of the glory of the consistory which our platformers esteeme as an idoll they must expect an answere and let not Beza thinke that his fond disputes against vs in his late three halfe penie pamphlet shall passe for oracles To returne to the libeller I answere that neither is it true that we handle the matter doubtfully for we are all resolued in our positiōs against thē nor that they hold their opinions resolutely for neither concerning the institution partes authoritie nor office of their consistorie doe any two of them agree neither doth it seeme probable that euer they wil agree they are at such contention among themselues for neither doe they knowe what they would haue nor wherefore Secondly I say that this argument is most simple and mishapen for suppose that two or three should handle the cause of the Church simplie it were no reason for the ignorance and simple dealing of two or three that the Chuch should be ouerturned and that new lawes and lordings shoulde come in place yet this is his wise conclusion because all doe not agree in all pointes that the matter must be called in question and bishops be displaced that certaine coate cardes in short ierkins may come in place to rule all either by their diuine inspiration or else according as Th. Cartw. the oracle of discipline shall determine which reason if it were admitted then howsoeuer we reteine the present gouernement yet shall wee for euer be discharged of the consistorie the patrons whereof contrarie one another most absurdly in infinit places write most irresolutely and strangely Lastly to bring the ecclesiastical state into question He alledgeth first that our lawes expect a further reformation that such as haue written against papistes puritans haue found imperfectiōs in our gouernemēt Which if he meane in the frame of our discipline or in respect that we haue bishops or want consistories he is abused they neither expect such a reformatiō nor auow any such thing by a certaine statute of K. Henry 8 power was giuen to 32 persons to gather into one body such lawes ecclesiastical as were nether repugnant to the lawes of the realme nor prerogatiue royall That they had as the petitioner saith authoritie to correct good lawes or to make new lawes is the first vntrueth The second vn trueth is That D. Cranmer other learned men did collecte the lawes into one booke for the booke that came forth with the title of Correctio legum Angliae was gathered not by D. Cranmer but by D. Haddon and that very simply without iudgemēt insomuch as al men of iudgemēt disliked it afterward himselfe also was ashamed of it nay contrary to the authoritie giuen him by statute he tooke vpon him not to gather lawes together but to gather a packe of new fancies together and to make new lawes coontrarie to the Ecclesiasticall lawes of the realme yea contrarie to equitie and reason as I shall iustifie if any will challenge me for it The lawes of nursing of children and marriages will verifie all that I say yea and his owne testimonie giuen of it Last of all the lawe whereby this collection of lawes was authorised is now repealed and not necessarie For albeit all doe not yet some knowe what is lawe but suppose ecclesiastical lawes that are in force should begathered together doeth it therefore followe that ecclesiasticall lawes must be all changed howsoeuer it is let not the aldermen bragge of these lawes for therein the authoritie of Bishops is confirmed churchaldermen not so much as mentioned they must therefore looke in some other place for in this booke their Consistorial conceites are not to be found In the booke of Common prayer there is a Commination prescribed to be vsed vntil an order of discipline practised in the primitiue Church should be restored But what maketh that for the establishment of the consistoriall discipline which was neither in the primitie Church nor in the cogitation of the authors of that booke the meaning of the booke is onely that the commination there mentioned shoulde be vsed vntil such time as in the time of Lent offenders might be brought to humble themselues as they did in the primitiue Church and that more fauour might be giuen to the execution of ecclesiastical lawes which is that discipline which they desire these felowes withstand and therefore hereafter I thinke wil not call for discipline for if the same were once executed then would not euery contentious person degorge his malice against lawe nor libellers and scismatickes be suffered to declaime against the state nor euery vnlearned mate be suffered to preach false doctrine and reuell at all antiquitie Neither doeth it followe because in the ordination of Mininisters it is saide take thou authoritie to preach the worde of God that euery Minister is apointed a preacher and that none are to be appointed Ministers but such as can preach which is that they desire And this libeller affirmeth for the exception which doth abbridge the lawe is 1 This practise is condemned by the law inciuile est ff de legebus cautelously and malitiously left out wherein he sheweth that his cause cannot stand but by forging and forcing the wordes are Take thou authoritie to preach where thou shalt be so appointed These fellowes disdaine appointmēt would runne before they be sent but vnlesse many had more learning and discretion it were better that some of those that take on them to preach were set to reade and such as runne so fast were made to sit still In Flaunders according to the rules of this discipline they would needes at the first haue euery one to preach but when they sawe the great inconuenience that came of it they put them to reade Caluins homilies on Iob. but suppose that in the point of discipline of Lent or in the number and qualities of preachers we haue not that we desire doeth it therefore followe that the Ecclesiasticall state
established doth not follow Wherefore vnlesse the author his partakers haue better supply of reasons then he hath brought here there is no cause he should desire conference or disputation If he desire to shew his skil in writing why doth he not take those bookes that haue bene written in this argument in hand and confute thē frō point to point why doth not T. Cartw. answere in the defence of his consistorie If he say that imprisonment hath hitherto bene an hinderance vnto him yet will not that excuse serue the rest that were neuer in prison why doe not W. Tr. Will. Ch. D. Sp. and others confirme their demonstrations of discipline wherein all their reasons stand confuted hauing so much worke to doe why shoulde he desire more belike this petition was made to bragge men downe but if he thinke he can do it he deceiueth himselfe for as farre as her Maiestie and lawes will permit they shall find a number readie in all sortes to encounter them but the libellers meaning is not to dispute as I thinke for no man hath worse grace in disputing nor more simple facultie in writing by hiding his head he seemeth rather to be ready to flye then fight his talke therefore of aduised writings is idle for both T. Cartw. and he hath written many things vnaduisedly and both flye the hammering of their cause only his purpose is to slander the state by libels to lurke in corners to haue all ecclesiasticall lawes and gouernement left without defence so that euery man might speake against them without eyther feare of punishment or controlment which neyther is good nor commendable for it would be most absurde if 3 or 4 difformed platformers should be suffered to dispute in schooles that her Maiesties authoritie is vnlawfull that our lawes and gouernement is wicked that the state is to be changed As for the course that Doctor Rainolaes vsed against Hart it was lawfull he being thereto authorised percase fitting for him might better be suffred being in poynts of religion resolued then in gouernement doubted of yet was it long and without effect but this course of priuate conference by writing which the libeller desireth in this cause is leude being against her Maiestie the lawes and state it would bee a way to rebellion it would make more contention it would bee infinite tedious and to no purpose the godly and Christian Emperors of Rome were of a contrary mind to this libeller for in diuerse expresse lawes they vpon great penalties forbid any to call in question the confession of faith of the Church 1 Cod. de sum trinit fid cath forbidding vt nemode capublicè contendere audeat neither doth the 2 Admonit de de lib. concord author of the admonition to the Churches of Saxonye allowe any such course as the libeller desireth nay his desire is that matters may bee discussed in some synode of learned men what shame then is it to deuise leude meanes to trouble the Church and falsly to impute them to those that neuer vsed them nor thought them conuenient the libeller therefore may do well hereafter to leaue to the wisedome of her Maiestie and the rest of the gouernors of the Church common wealth the composing of matters which is best wrought by good lawes and sharpe punishment that such as will not be answered with reason may like dizards bee corrected with rods wherein if he thinke himselfe dealt withall vniustly let him come forth when he will eyther in aduised or vnaduised writing his cause shal be prooued wicked and his consortes facts auowed punishable CAP. II. That there neuer was any gouernment by Church aldermen or supposed Ecclesiasticall Consistorie eyther vnder the lawe or in the Apostles times or after nor can without great iniurie to the Church of England to the Magistrates and others be admitted ALthough this positiō hath bene so fully 1 In the booke de presbyterio proued that neither T. Cartw. nor his schollers nor the whole packe of our aduersaries haue as yet made answere yet because the booke where the discourse is cōteined is in latine which percase thou vnderstandest not the argumēts lie dispersed so that without difficulty they cannot be gathered I wil here make a briefe of thē So shalt thou see what a cleare trueth this wise disputer thinketh to batter with vaine shew of mens opinions and be better resolued of the notorious vanitie of the consistoriall discipline That the Iewes had no meere ecclesiasticall consistory distinct frō the benches that handled ciuil causes these reasons may ascerteine vs. First there is no place of scripture where the institution of it may be found Those iudges that are mentioned Exod. 18 Deut. 17 are of an other sort for they heard all ciuil causes yea causes of blood inflicted ciuil punishmēts vpon offenders Those that are founde in the 11 of Numbers were of the princes counsel And other sorts of Collegiat Elders and Iudges are none found Let them shew them if they can the place of Leuiticus toucheth onely priestes in particuler and matters concerning their only office Further there appeareth no cōmission to haue bene giuē to any bēch of Iudges to determine ecclesiastical causes seuerally neither are there any lawes prescribed in Gods word to direct them by so that if any Iudged in such causes they proceeded both without authority and also direction which were very absurd to thinke for if God had appointed any such order of Iudges hee would no doubt haue giuen them authoritie and directions There appeareth not the lest step of any act of any such eccle siastical cōsistory through the whole scriptures or stories of the Iewes there is no memory found of thē in the time of Moses nothing vnder the iudges or kings or in the decay of the Iewish state not so much as the Sanedrin that condēned Christ to death is any precedent of the ecclesiastical cōsistorie whatsoeuer Beza can say to the cōtrary for it was the only remainder of the Iewish pollicy succeeded in the place of the counsell Numbers 11 and of the Iudges appointed Deut. 17 as is apparent by examination of the authority and acts of it All that authority which this ecclesiastical consistory is supposed to haue was either in thepriests or princes The princes in the time of Moses of the iudges kings made lawes and gaue souereign directiōs The priests iudged of things cleane vncleane executed caused al ecclesiasticall orders to be obserued 2. Chron. 19. exod 18. The priests Leuites appointed by the prince iudged of right wrong consecrated others to the functions of priesthood where was thē the ecclesiastical chimerical consistory all this while or how could it be supposed that others would encroch vpō the priestsoffice being debarred by Gods law not being mentioned in scripture or histories Neither are the ecclesiastical consistories commended for wel doing
fiery tryals and bene sealed with their blood namely Bishop Cranmer bishop Ridley bishop Latimer bishop Farrar master Philpot and master Bradford and many moe martyrs that liued in good liking of our state and defended bishops whereas few of these that are alleadged condemned our Bishops and none of the ancient Fathers allowe such an Eldership as these seeke for Adde hereunto the learned men now liuing in England comparable to the best and farre exceeding these Bastinges Loquians Golarts Perots and such obscure and vnlearned and vnwise authors Who will not I say rather giue credite to such consent then to a fewe ouerweening late writers especially seeing all the Fathers ioyne with vs against them Ignatius speaketh of an eldership of ministers of the word men subiect to the Bishop conuersant in the ministration of sacraments of these aldermē that albeit they meddle neither with worde nor sacramentes and are base begotten and mishapen creatures yet take on them to depose Princes throwe out their Bishops at pleasure hee neuer heard any ynkeling nor speaketh one worde of them To his Eldership 1 Epist ad Trallen Magnes Ignatius maketh the Bishop superiour these giue to the Consist orie power to depose the Minister yea and accordingly we vnderstand that in Fraunce they haue thrust out many poore men which either haue perished for want or lāguished for pouertie and all because they were so sencelesse as not to vnderstand that Clownes are euil Iudges of the merites of learned men and accorde not with schollers nor schooles They alledge also 1 Apol. c. 39. libr. de baptism Tertullian to the same purpose but his words fit not their turne for he talketh of elders that managed the word and fed with doctrine and meaneth a synode of bishops or assembly of the ministers of the worde for those are called presidents and such presidents as dealt with the administration of sacraments Of these new aldermen which starting from their occupations and stalles runne rashly into church gouernment in Tertullians time there was no newes heard That the Elders he talketh of were ministers of the worde administred the sacramēts of baptisme is apparant in his booke of baptisme so that alleadging that booke the Libeller doeth nothing but turne the poynt of Tertullian against his motley 2 Tertul. de baptis de coron milit and party-natured aldermen For in in him the worde Presbyteri signifieth alwayes ministers of the word subiect to the bishop neuer any men of trade or occupation vsurping Church-gouernment and chalenging equall power with bishops as in the places aboue mentioned is euident The places of Cyprian make no more for his purpose then those before alledged out of Tertullian Ignatius In the 5 epistle of his second booke he declareth how he and his Collegues had ordained Aurelius a reader but that by Collegues is meant bishops is apparant for that bishops did onely ordeine Secondly for that priests were not Collegues to bishops but subiect to them Thirdly for that priests of one church had not to do in another but bishops had Fourthly because hee neuer heard of nor knewe any temporary prophane churchaldermen which were not ministers of the worde and sacraments Lastly for that he writeth to the elders supposed to be aldermen of the new creation not to ioyne with him but to declare what he had done he would haue done otherwise if priests had bene his Collegues In another place he saith he purposeth to doe nothing without the counsell of his Cleargie and consent of his people but that maketh nothing for the consistorie for in all lawes with vs the consent of the people is adioyned yet haue we no aldermen 〈…〉 the Consistorie doeth things without consent of the people albeit the same consisteth of aldermen And Cyprian albeit he would not then do yet sometimes did and might doe things by his owne authoritie Thirdly it is one thing to haue the counsell of men another to be ioyned in commisson with them for the Prince hath a counsel but no ioynt nor equall gouernours Lastly these elders were ministers of the worde such as residing now in Cathedrall churches were then liuing in cities about bishops Vnto the wordes of Cyprian in his 18 and 22 epistle of his third booke we will then yeelde answere when we finde any of that nomber for there are but 15 epistles in that boooke But this is an ordinary fault of this fellow to quote counsels bookes orations and epistles that neuer were in the world He alledgeth also the 5 9 epistle of Cyprians fourth book but in the 5 there is nothing but the name of Elder without the thing in the 9 there is neither the name nor any note of the supposed elders but contrariwise diuers reasons to shew the gouernment of the church to haue ben alwayes committed to the bishop and the vnion of the same to bee placed in consent of bishops not in supposed consistories That Cyprian knew no elders but ministers of the word these reasons do declare First for that not onely Deacons which were vnder elders but Readers also did deale in the worde and were accompted among the cleargie which was not communicated to men of occupation Secondly for that such elders as hee speaketh of dealt in sacraments and in the word for he 1 Lib. 3. cp 10. reprehendeth certaine for administring the sacraments to certaine that had not declared sufficient signes of repentance Thirdly for that they had 2 Vt sportulis iisdem cum presbyteris honorentur lib. 4. epist 5. wages fourthly for that they were not deposed at pleasure nor were temporary which is a qualitie incident to the newfoundland aldermen Augustine neuer so much as dreamt of Lay or temporary 3 De verb. Domini in Mat. ser 19. or occupacion aldermen nay himselfe diligently obserueth the distinction of the ministers of the word conuersant about the word and sacraments into bishops Priests Deacons 1 De cor grat cap. 11. He calleth the censures of the Church 2 Lib. de paenit medic cap. 2. 3. Episcopale iudicium and affirment that the keyes were to be vsed by Prelats which can no way be drawen to be vnderstoode of Lay aldermen This being considered the libeller saith his Aldermen are in these authors mentioned but obscurely but he had said farre more truely if he had said neither obscurely nor in any sort for darkenesse is not more obscure then the steps of these surmised fellowes and nothing more cleare then that they are not there To illustrate the former Fathers obscuritie he bringeth others which as he supposeth speake clearely The first is Ambrose but nothing doth hee speake to the Libellers content For he speaketh of a counsell of Elders that were ministers of the word and assistant to the bishop whom hee also calleth vicarios Dei antistites which cannot be vnderstood of these base and vnlettered aldermen whose hands
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
4 5. Eliz. c. 1. Ex officio by any Ordinarie to a Clarke the refusall whereof is verie penall In the register in the title Consultation diuers cases are founde where the Iudges ecclesiasticall procceding ex officio is allowed Why then may not ecclesiasticall commissioners proceede Ex officio and minister othes For that which this accuser sayth that for matters of felonie they examine men vpon their othes is false For with these cases they doe not meddle If the articulator can proue they doe why doeth he not declare it seeing he may thereby procure them that hurt which he desireth Article 12 No man shoulde be cited to a spirituall courte to depose therein as witnesse For this is extortion and tort to the partie Fitz. iust ofp. p. 172. Cromp. 219. Answere Neither is any cited ad iurandum or to depose but ad testificandum which neither the author of the Articles nor any else can deny to bee lawfull For neither is this libeller nor any man to bee credited without an othe Somewhat this smatterer hath heard but hee cannot cite it right For both the Register and Fitzherbert the author of this opinion doeth allowe othes in causes testamentarie and matrimoniall And it is the common practise and euer was in all causes and courtes And himselfe confesseth so much in the next accusation But the obiection he cannot hit When hee obiecteth right hee shall haue his answere more at full Now it is sufficiēt to say that which euery lawyer that knoweth any lawe can tell him that seeing by the lawes of England many causes are heard in Ecclesiasticall courtes which cannot bee decided without witnesses the calling of witnesses is necessarie Article 13 No Bishoppe ought to appoynt a man to appeare before him to take an othe ex Officio sauing in matters of marriages and willes Answere Many wayes the ignorance of this man that would gladly shewe his skill in lawe appeareth For wee say not in termes of lawe that a man taketh an othe ex officio but that the Iudge proceeding sometime Ex Officio sometime otherwise doeth minister an othe to the partie Againe the bishop doeth not appoynt men to appeare before him but calleth them by proces of lawe But these are but errors in termes A grosser fault it is that he mistaketh lawe For not whatsoeuer Fitzherbert setteth downe is lawe in this case especially of prohibition For nothing is more ordinarie then to reuerse prohibitions by consultations The meaning of the wordes of Fitzherbert or rather of the Register whence he drewe his writte was That men should not bee called into ecclesiasticall courtes to confirme any contract concerning goods or chattels by othe by which meanes the ecclesiastical court encroched vpon other courtes Onely causes Matrimoniall and Testamentarie in that case for to other it cannot bee extended were excepted That in matter of Tithes and other causes men answered vpon their othes is euident for that the 1 Art Cler. 9. Edw. 2. c. 12. Kings tenants as well as others answered before Ordinaries and were by them also excommunicate for their contumacie In matters of Tithes the 2 27. H. 8. contemners of the ecclesiasticall processe by statute are condemned and may bee forced to obey And in another statute it is decreed That the 3 32. H. 8. Ordinarie may conuent such as withholde Tythes according to to the lawes ecclesiasticall Likewise the ecclesiasticall Iudge may by statute proceede against those that 4 Eliz. c. 2. violate the lawes concerning vniformitie of Common prayer yea Fitzherbert 5 Nou. Natur breu fol. 63. graunteth that an ecclesiasticall Iudge may exact a caution iuratorie before he deliuer a man that is in prison vpon the writte De excommunicato capiendo False it is therefore that this bolde and blinde bayarde sayth That byshops boldlie presume against lawe Nay he and his companions boldly presume both against lawe and common humanitie for both doe they runne into fellonies and treasons and also speake against lawes and defend their doinges and raile against others that gently put them in minde of their faultes Article 14 Morning and Euening prayer should be read euery day throughout the yeere but are not Answere How knoweth hee that Morning and Euening prayer is not said If he had frequented Churches so diligently as he ought to haue done he might haue vnderstood the contrary But where it is not said I thinke he liketh vs not the worse for that For no sort of men I except not the Iesuites doe more bitterly raile against our booke and order of Common prayer then his consorts doe And yet this wil I proue that the worst of those prayers are more Christianlike then their extemporall prayers made of broken sighes and sentences for the most part and full fraught with malice and other passions To say nothing of confusion But suppose prayers were not said euery day let him shew where they are so commanded For the Communion booke commandeth them not so peremptorily to be read as the accuser anoweth but alloweth the Curat to omit them when he is lette either with priuate studie or other necessary busines which exception he hath quite forgotten and left out as for Prayers they be in most places vsed and would be more if they were not by these contentious fellowes despised Article 15 The Curate must tolle a Bell yet doeth not he but the Sexten Answere A bloudie fault and great pitie that the Presbyterie with their bels and bables were not admitted if for nothing else yet to take order that belles might bee tolled The preface to the Communion booke doeth onely will the Curate to doe it or to appoynt one to doe it And so it is in most places And if he did it not yet is he not in fault but the parishioners that against his wil appoynt a Sexten that is not at his commandement This Article tendeth as all the practises of puritanes doe to the disgrace of the Ministery whom they would put to all base offices and yet you my masters of the ministerie both see them and suffer them to abuse you and your function Article 18 The people are to answere the Priest and to say Amen Yet doeth the Clarke answere alone in most places Answere If this Accuser had good matter he would not spare that taketh such paines to finde a knot in a rushe picketh quarrels where no cause is For both it is false which he saith that the people answereth not and were it true yet is it not the bishops or others fault but the peoples that will not attend the prayers and say Amen Percase some are phantasticall persons and condemne our forme of prayers some are phrenetical and vnderstand not more fitte to be prayed for then to pray Article 17 Where there is singing there the lessons should be sung in a plaine tune c. Answere Nothing doeth more displease the puritans then church-musicke and singing yet this accuser
is offended with not singing which he affirmeth to be no small peccadillio So neither singing nor saying pleaseth them What then is best for them Forsooth silence That any doeth offend in this point when hee is put to it he will not be able to iustifie Article 18 The names of the Communicants before they receiue should be signified to the Curate yet this is not regarded in most places Answere That is not the Curats fault but rather of those that should signifie it if any be Let the Communicants therfore signifie their names The curates to please his maship shall be alwayes readie to open their eares which notwithstanding will not make for the libellers aduantage for if his name be brought hee will be vndoubtedly repelled for an vncharitable person vnsit to communicate among Christians Article 19 Notorious lewd persons be admitted to the Communion yet should the Curate repell such Answere If they doe repell such as it is notorious then is this libeller a notorious lyer yea a lyar and slaunderer in print But hee percase counteth those men notorious offenders which any one suspecteth Which if it were true then are most putitans notorious lewde persons that are commonly suspected for such and not without cause For further answere I say that such as by sentence of the Iudge are pronounced culpable which are in deede notorious offenders are repelled and that to repell others were a course full of disorder and iniustice And lastly that hereafter such notorious rayling puritans as doe slaunder religion shall bee better looked vnto and be repelled both from the Communion and all honest mens societie being enemies of learning and scandales of religion Article 20 The Minister shoulde vse the ornaments appointed by King Edwarde Answere And doeth he not so If any doe otherwise it is of the factious sorte that deserueth punishment But saith the libeller the Clarke doeth also weare a surplice As if it followed because the Clarke weareth a surplice that the Minister doeth not All like as if a man should conclude because Giles Wiggington hath some little witte that this libeller hath none The meaning of the lawe is that such ornaments shall be vsed as were appointed by king Edward where other order should not be takē For later lawes abridge the former If then the accuser can shewe that lawes are not herein obserued he shall doe vs great fauour to name the offenders Article 21 In Cathedrall Churches the Communion should be ministredeuery Sunday at the least Answere If often Communions be commendable then is our Church to be preferred before that of Geneua that communicates onely quarterly Better therefore it were for malice to keepe silence then to say that which is nothing Let him if he can detect those that are culpable Article 22 The Godfathers doe not their duetie neither doe Bishops vrge them Answere Let him shewe that Bishops may doe it by lawe and then reproue them for not doing their duetie If it be left to the conscience of Godfathers to doe their dueties why should the Bishops be charged with other mens faultes Forsooth this libeller meaneth to lay all faultes on the Bishops backes I would to God for my part there were no faults but in Bishops so farre am I from enuying any mans puritie But this puritie I feare is but hypocrisie For many puritans mislike Godfathers and are very impure in life and conuersation Article 23 Bishops are commanded to confirme children yet fewe doe it Answere The puritans commonly deride Confirmation albeit a most auncient and Christian ceremonie This fellowe chargeth Bishops with a great fault for omitting it How will these agree Nay how will this companion verifie his assertion being most vntrue But if any bishops doe not confirme children it is because certaine factious persons haue perswaded the people to refuse it and that verie wickedlie not onely fantastically Article 24 Curates doe not instruct seruants and youth vpon holydayes Answere Causeles doeth this accuser barke against Curates seeing he cannot charge any particuler If he can let him call him before his superiors The exercise is good and godly neither doeth any account it tyrannie to instruct the ignorant But sure great presumption it is for yong puritans publiquely to examine graue and discreete men that know more then themselues and indiscretion to vse examination as the disciplinarians would haue it vsed Article 25 None should be admitted to the Communion that cannot say the Catechisme Therefore Curates should examine communicants and seelude them that be wanting in knowledge Answere Can you shewe any Curates that haue not done their dutie herein If you can carrie them before the Ordinarie they craue no fauour In the meane while learne this lesson of me Shewe not your cancred malice against good Ministers There is none but liueth as well as puritans nor any so base that may of a Pettifogger or Scriuano be contemned nor any that is more ignorant in their Catechisme then puritans that neuer enter deeper then the paraphrase of their Creede and pater noster Article 26 Banes should be asked three seueral Sundayes in the open Church yet the Bishops dispence with banes Answere In the booke it is Sundayes and Holy dayes this is therefore his first error The second is that he misliketh dispensations for both by law and customes of this Church and for good causes are they granted Neither doeth the affirmatiue without the negatiue in any lawe take away a custome that may stand with the lawe as in this case The lawe will haue banes three seuerall dayes proclaymed That no dispensation be graunted the lawe hath not Wherefore seeing dispensations are confirmed by lawe and not taken away by this Rubricke let the accuser holde his peace and cease to proclaime his owne follie and to worke the bane of his cause and finally while he would shewe skil in lawe to proue himselfe deuoyde of lawe and reason Article 27 The partie presented to the Bishop should weare a plaine Albe yet this garment is not vsed Answere In the booke of ordering Ministers there is no such garment appointed And if it were yet were it no such disorder as this charitable man maketh it that would haue the bishops thrust out of their liuings yea out of the Church for committing it But suppose Deacons should weare an Albe how is the neglect of it ascribed to Bishops and not rather to the partie that knoweth not his duetie or of new curiositie that can abide none apparell but of the Geneuian fashion would this libeller were a yellow cote it would become him better then an Albe Article 28 The Deacon by part of his office ought to search for the poore sicke and impotent of the parish and intimate their estates to the Curate But now the office is accompted mere spirituall Answere He ought onelie to doe it where he is so appointed which clause this accuser meaning no good trueth cautelously left out That he should only attend the poore and
barking curres as this which without reason baull at lawes and antiquitie and if they had might would bite also Article 36 There be many Churches in England that haue scarce had 12. sermons in 12. yeeres Answere The cause why in some places there are so fewe sermons preached is for that the liuing is appropried and that such as haue it haue no care of mens soules let the articulator therefore article against them and not impute their faultes to the cleargie that cannot doe withall if among the cleargie hee knoweth any that doe not their duetie or that preach not their sermons why doth he not name them that order may be taken that sermons may be had according to lawe If he can name none why doth he mention many And if there be any default herein why doth hee deface the state and not rather blame those greedie persons that by taking away the liuings of Churches are cause of this disorder Wherefore to answere him let him this vnderstand that there are mo learned Preachers and Sermons preached in England proportion for proportion then eyther in Fraunce or Scotland howsoeuer the same seeme to him to be refourmed Article 37 Erasmus paraphrasis should be had in all Churches Answere Accuse them that haue it not There is none more guilty then the brother-hoode of Puritans that condemne all good learning and care for none other bookes then the Geneua Bible Caluins institutions and Bezaes Comments excepting alwayes Caluins Commentaries on Iob and Martyrs common places in English Nor haue other cause to like of Erasmus paraphrasis but that now all their exercises bee nothing but light and fantasticall paraphrases except alwayes some heauie and malicious inuectiues Article 38 Ecclesiasticall persons shoulde not play at unlawfull games as Cardes Dice c. but they offende more then any other that pretend conformitie Answere I tolde you that this Reuellors purpose was rather to rayle then amend any matter Why doth he not name these gamesters and vnlawfull games and proue that such games as are vsed are vnlawfull nay when he hath proued what hee can I doe thinke that honest recreations that some ministers vse are more commendable then the sabothes exercises of most puritans Article 39 Non residents should distribute the 40. part of their liuing to the poore of the parish which they doe not Likewise they should mayntayne schollers Answere I knowe none more hard-hearted then the Puritans nor more bountifull then the Clergie to the poore As for Pettifoggers and Scribes they do skinne the poore and helpe them not Nothing therefore could bee more vnseasonable then this accusation For albeit the Ministerie by the spoyles of Patrons and griedie Gulles and wicked vexations of Puritans are almost now the poorest of the parish yet are they not sparing to giue euery man according to his facultie And as for some bishops it shal be prooued that they are as ready to maintayne and preferre learned schollers as the Puritans to impouerish them and spoyle them the rest let them answere for themselues Blush therefore you sacrilegious Church-robbing Puritans the ruinors of all churches and shame to talke of liberalitie and maynetenance of schollers For by your barking and by your spoyles and by your crying out against the reward of learning and by that pouertie and contempt you haue brought the ministerie into you haue almost ouerthrowen the ministery in Scotland religion in France would ouerthrow both in England And what should we els looke for at their hands seeing in racking of Rents exteremitie of dealing vsurie and vnlawfull practises of gaine and Turkish and inhumane crueltie diuers of these zelatours of puritanisme passe both Turkes and Heathen Article 40 The Queenes Iniunctions are not read quarterly as they should be Answere They are read as oft as neede is and if any negligence bee committed it is by the Puritans that bring all lawes into contempt sure they are contemned more by them then any for they openly impugne them not onely neglect them But admit they should be read very often yet would not the Puritans heare them nor obey them For they neyther respect her Maiestie nor her lawes but in despite of both seeke to establish a new gouernment and newe Iniunctions for which if they doe not shortly reforme themselues there will bee such penance inioyned them that they will better remember Iniunctions all their life long Article 41 Holy-dayes should bee spent in godly exercises Bishops bestowe them prophanely in playing at Bowles hearing Comedies and Tragedies Answere Very vnlikely it is that such fellowes as this should teach Bishops how to bestowe their time seeing there is none bestoweth these dayes worse then the hypocriticall secte of Puritans that in slaundering factious declayming against lawes and gouernours in chambring and chambring exercises yea and in worse matters doe bestowe their time in corners doing things which you may conceiue I may not vtter and therefore these are prophane and wicked hypocrites As for honest exercises why may they not be vsed vpon holy dayes so it be not in times of seruing God Wherefore vnlesse the Libeller can shew both better law and reason against bowles and other exercises well vsed and shewe cause why Tragedies may not be heard his accusation will rather seeme to proceede from malice then other cause and hee will bee taken for a prophane sencelesse hypocrite that is offended with bowling and exercises of learning and yet thinketh it lawfull to make an occupation of lying slaundering and defacing of good men and alloweth the secrete and parlour conferences of his fellowe Puritans and many other bad practises whereof some are comicall others tragicall and most of their discipline fabulous or a comicall fable Article 42 The Bishops be not without superstitious paintings in their chambers and diuers Churches haue them not abolished Article 22 To condemne the historicall and ciuill vse of painting is vnciuill and sauoureth of Turcisme Other vses of painting bishops haue none neyther is there now any superstitious vse of payntings in church wyndowes but those that are if they displease the Libeller he may haue downe at pleasure when hee will set newe glasse in their place The paintings that doe more harme are in apparell ruffes yea womens faces and their furniture wherein I would the Puritans did not commit both Idolatrie and other follie Wherefore seeing he is in the way as hee pretendeth of Reformation let these abuses of pricking pride painting be remoued also let him take heede that superstitiously he doe not make an idole of his discipline that both out of church and common wealth is to be abolished Article 43 The wiues of Ministers and Deacons should bee allowed by the Ordinary and two Iustices of peace But many forward Chapleyns regarde not this Answere In disdaine this scorneful wretch calleth learned Ministers Chapleins sparing neyther his aduersaries nor friends the Puritans that are for the most part trencher Chapleins nor others But what such lewde
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
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
case the synode should determine that he should pay some part whether godly brethren or prophane men should first be payd or else for auoyding of controuersie none at all 91 Quaere of Iohn Penry whether if Moses lawes haue such continuance as they holde in this newe kingdome a bastard that is excluded out of the sanctuarie may notwithstanding intrude without calling into the ministery 92 Quaere of those that make braggs of T. Cartw. great worke against the Rhemists whether there be not many points therein conteined contrary to all the fathers to the faith of this church and all good Diuinitie and why if all bee cleare with him he dare not suffer the same to abide the censures of lerned men and lastly why any should wonder that such thinges should not bee published considering what dangerous effectes doe followe printing of hereticall and schismaticall bookes 93 Quaere if a certaine consistoriall president at Middleburg when a marchant did pursue a certaine seruant of his in lawe for wasting his goods did not threaten to excommunicate him if hee would not desist his pursute and let fall his action and whether the consistory may serue for a sanctuanie for bad men and bankruptes if they professe reformation and whether this maner of discipline dissolue not ciuill contractes and hinder iustice 94 Quaere whether that the Church-aldermen doe not sometimes meddle in domesticall matters betwixt man and wife and hinder the fathers correction of his seruantes or children whether this be not a way to dissolue the bonds of nature that giueth authoritie in this case and whether the discipline that vseth this practise bee not vnciuill and vnnaturall To conclude Quaere if the Put-case had not done his clyents and their cause more good by silence then by this weake and calumnious speaking It were an easie matter to frame infinite Questions of like sort but these may suffice to let the Libeller see his owne folie in charging others when himselfe and his fellowes lye so open besides that I would not weary thee nor disfurnish my selfe of new matter against the next encounter let him article and play the Put-case as oft as hee will hee must not thinke hee shall walke vp and downe without answere or controulment in the meane while Pag. 83. because he appealeth to iudges and craueth iustice to them wee are also content to submit our cause and doe also instantly craue iustice iudge we beseech you all to whom the execution of iustice is committed whether it bee fitting that such as declame against the ancient gouernment of the Church euer knowen to bee in the Church since Christes time against the authority and preheminence of her Maiestie against the lawes of the realme against the proceedings of Iudges and take on them to controll and reuerse the sentences of iudges and seeke the trouble of the realme and maintenance of leud factions destitute of all ground and speake for a gouernement neuer heard of but of late nor that hath confirmation of scriptures or fathers iudge I say whether such intollerable pride arrogancie and disloyalty and those that defend these trecherous dealings and opinions in bookes printed in corners and without names are longer to bee suffered the inconueniences that may growe of these courses I neede not to declare vnto you that are men of iudgement and experience the weakenesse of their cause I haue sufficiently declared Why shoulde you doubt to doe iustice in so cleare a cause and against such factious persons For their doings haue no defence nor their doctrine support beside the bare opinions of Caluin Beza their followers they haue not so much as any groūd of reason no scripture no father no history no law nor example of good gouernmēt nay they haue both scriptures fathers histories lawe and reason against them most euidently and clearely and therfore I say againe let iustice be done if any of the ecclesiastical state haue done against law let them bee punished let not religion and learning suffer for the sinnes of particulars the innocent let them not be disgraced for others offences nor let malice and faction and sacriledge preuayle against lawe and gouernement that which is now their case may be likewise yours if you respect not the cause of men yet consider that it is the cause of religion learning and gouernment and so proceed as you may declare your selues to be men carefull of the aduancement of religion and learning and the maintenance of a peaceable gouernment and God so belsse you as you shew your selues studious of religion learning peace and iustice ⧠An Aduertisement to the Reader WHereas in the former discourse somewhat hath bene said in answere of the Petitioners lewd calumniations concerning the triall of Iohn Vdal and the iudgement not long since pronounced against him which he pretendeth to be disorderlie and iniurious it may be that such as list to cauill at such things as they mislike will take exceptions against the same as if I meant to abase the high authoritie of Iudges or make the proceedings of the highest courtes of Iustice an argument for the rude populasse to dispute of or to subiect the ordinarie trials of law to the controlment or at least canuases of priuate persons Least any should either in this behalfe except against me or enter into any such conceit of me I thought good expresly here to aduertise thee that both my words and meaning are contrary Concerning matters of common Iustice betwixt partie and partie I know that no iudgement is reuersed but by writ of errour and that in matters concerning the Crowne the verdicts of Iurors and sentences of Iudges for the Queene are finall and that the lawe doeth intend that Iudges and Iurors will proceede with that indifferencie and equitie that it will not haue their doings controlled nor examined by priuate persons Neither is it any part of my meaning to call any law in question or controll the doings of so honourable persons as in that fact sate Iudges Nay this is the thing which I doe so much reprehend in the Petitioner and his faction that most saucilie and arrogantly they take vpon them to examine the doings of Princes the actes of Parliament the sentences of Iudges the verdicts of Iuries and all recordes of Iustice Neither is there any companion among them so base but he taketh to himselfe libertie to censure and controll Princes Parliaments Iudges Lawes yea whatsoeuer and whomsoeuer Among others the author of the Petition hath behaued himselfe as presumptuouslie and proudly as the best Ignorance belike maketh him bolde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rather for that it is ioyned with impudencie What through presumption and what through impudencie he hath taken vpon him contrary to the Iurors verdict and Iudges sentence to prooue that Vdall offended not against that statute of 23. Eliz. cap. 2. whereupon he was condemned This notorious impudencie and presumption I thought good to lay open before mens