A petition directed to her most excellent Maiestie wherein is deliuered 1 A meane howe to compound the ciuill dissention in the church of England 2 A proofe that they who write for Reformation do not offend against the stat of 23. Eliz. c. 2. and therefore till matters be compounded deserue more fauour Open thy mouth for the dumbe in the causes of the children appointed to death PROV 31. 8. I beleeued and therefore haue I answered For SIONS sake I will not ceasse and for IERVSALEMS sake I will not holde my tong ESA. 62. 1. Herevnto is annexed Some opinions of such as sue for Reformation By vvhich is made appeare hovve vniustlie they are slaundered by the Bishops c. pag 53. Together vvith the Authours Epistle to the Reader pag. 58. Also Certeyne Articles wherein is discouered the negligence of the Bishoppes their Officialls Fauourers and Follovvers in performance of sundrie Ecclesiasticall Statutes Lawes and Ordinances Royall and Episcopall published for the gouernement of the Church of England pag. 60. Lastlie Certeyne Questions or Interrogatories dravven by a fauourer of Reformation vvhich he desireth to be resolued by the Prelates pag. 74. To the Queenes most excellent Maiestie Elizab. by the grace of God Queene of Englande France and Ireland supreme gouernesse in all causes and ouer all persons within her Maiesties Realmes and Dominions CRauing vppon my knees pardon for my boldnes I beseech your most excelleÌ„t maiesty to heare me a little All your Highnes subiects that loue the religion honour your maiesty and desire the good of the Realme doe hartily bewaile the bitter contentioÌ„ about the questions of reforming the Church Many seeke to increase this contention Some labour to appease it but this will neuer bee till the trueth in these matters be assured in the hearts of both parties I doe not nowe write eyther to pull downe Bishoprickes or erect presbiteries With whom the trueth is I will not determine For I knowe not What seemeth most probable and true to me that I knowe Howe trueth should come to light that is the question Writing of bookes in such manner as is nowe vsed is endlesse wearinesse to the fleshe matter of further contention by reason of impertinent and personall discourses The troubles of Churches and enmitie of Princes wil not admit a generall Councell A free Nationall or Prouinciall Councell at home were much to be wished so that the Bb. and their followers did not ouerrule the rest For it is against religion law and reason that the same men should be both iudges and parties Or if this be not thought so conuenient There is a way deuised and much commended by learned men as a notable meane to compounde controuersies namely priuate conferences by aduised writing not extemporall speaking the question agreed of The arguments thâ— answeres replies and reioinders set downe till both parties had fully said all by-matters laid aside In fine the whole to be published that your maiesty the honourable Councellours and Parliament may iudge thereof that those thinges which on eyther part are founde faultie may be redressed That all thinges be not so cleare with the Bb. but that further conference triall and reformation is requisite appeareth 1 By the lawes established which expect a better and further reformation in Church-causes 2 By the writings of our Diuines in the common cause against the papistes 3 By the confession of the Bb. them selues and such aâ— write in their defence 4 By their suspicious and doubtfull handling of the matters in question 5 By the testimony of learned men and christian Churches who seeme to speake against the gouernment by Bb. and for the gouernement by assisting Elders 1 The lawes expect a further reformation of the Church Your Maiesties most noble Father vnderstanding that the lawes Ecclesiasticall of this lande were corrupt prouided by Parliament that 32. persons should peruse and correct them gathering into one booke those that were good which by his Royall assent should haue the strength of lawe all other Ecclesiasticall lawes to be abandoned out of this Church for euer Maister D. Cranmer and other reuerend men were delegated to this purpose They collected into one booke many good thinges as they thought touching Aduouson of benefices Excommunication for small matters Residence of Vniuersitie men vpon their benefices Mariages without consent of parentes Nursing of children by their owne mother Diuorces for infirmitie of body Pluralities Broken Musicke in Cathedrall Churches Deacons The solemnitie of ExcoÌ„munication and absoâ—ution with the assent of the people and many other things which are directly contrary to the practise and orders of the moderne Bishops But this booke wanteth the Kinges confirmation and the lawes Ecclesiasticall remaine in the same corruption as your Maiesties Father left them notwithstanding the labours of those Reuerend personages and the act of Parliament which was reuiued and confirmed in the beginning of your Highnes most happy reigne 2 Also in the booke of common prayer which was sette forth by your Maiesties brother accepted by your highnes there is prescribed a Commination to bee vsed at a certaine time in the yeare not to continue euer but till an order of Discipline practised in she primitiue Church bee restored which were greatly to bee wished as the authours of that booke doe saie Yet this Commination staÌ„deth and the Discipline there mentioned is yet wanting 3 The booke of ordering Ministers confirmed by lawe presumeth that euery Minister should be a Preacher For at the Ordination the Bishop sayeth Take thou authority to preach the word of God Yet where the Bb. ordeine one Minister that can preach they make twenty that can not 4 â—astly it is enacted That all ornaments of the Church and Ministers thereof such as are Surples Coapes c. shall be retained and be in vse as was appointed by King Edward the 6. not for vnchangeable continuaunce but vntill other order were taken by your Maiestie and your Highnes Ecclesiasticall Commissioners 2 The Defenders of our common cause expect a further Reformation Those thinges in effect be acknowledged by some of our chiefe defendours of religion against the papistes For vvhen they obiect That we are glad to borrowe their ceremonies to haue an apish imitation of their Masâ—e booke answere is returned That diuers abuses in Ceremonies and Discipline were tollerated among vs our Church therein yeelding to the infirmitie of the weaker sorte which were to be altered when people grewe to ryper knowledge 3 The Defenders of the state of Bb. expect further Reformation 1 Al the Bishops in their Canons do confesse that Non-residencie is a filthie thing odâ—ous to men pernicious to the church yet what is more common 2 By the lawes of England in the ordination of Bb. the Archbishop should lay the Bible vpon the Bishops neck
the dead man was laide and did aske the dead if he would be baptised in whose name the partie vnder the bed did aunswere That is my desire whereupon the liue man was baptised for the dead And whether the questions and answeres at the baptizing of Inâ—ants in the commâ—nion booke bee not of like nature When the Minister saith to the childe as fit to conceiue as a dead man Wilt thou be baptised in this faith and the godfathers make answere That is my desire 8 Quaere Whether a man may with safe conscience subsâ—ribe that the booke of coÌ„mon prayer conteyneth nothing contrarie to the Scriptures whereas the translation of the Psalmes therein comprised in addition substraction and alteration dissereth from the trueth of the Hebrewe in 200. places at the least 9 Quaere Whether it be agreable to the word of God law of England and practise of any well gouerned Church to puniâ—h that which is taken for slaundering ribaudry villanie with returne of libells ribâ—udâ—ie and villanie And whether Almond for the Parret Martins Moâ—ethes minde c. doe not asmuch offend that way as Martin Marprelate or if they oâ—fend at all why are they suffered not punished 10 Quaere of Matthew Sutcliffe who is alwaies caâ—ping at M. Cartw. purchase why M. Cartw may noâ— sell the landes which he had by discent from his father and buye other with the money aswell as some of the Bishops who by bâ—â—berie simony extortion racking of rent wasâ—ing of woods and such like stratagemes wax rich and purchase great Lordships for their posterity 11 Quaere If the Bish. that affirme it is lawfull to giue liuings appointed for ministers to lay men or D. Bridges aâ—â—irming that a priest may bee Lord ouer her Maiestie or Doct. Bancroft that calleth hir Highnes a pety Pope doe not disfame and dishonour her Maiesty and are thereâ—ore selons 12 Quaere If the Prelates who say that the otâ—e of the Supremacie importeth that hir Maiesty may deuise vvhat Church-gouernement she pleaseth be not in the worde of a Prince and by award of lawe Malicious persons seeing therein they ascribe more to hir Highnes then the Oth of Sâ—premacie with the exposition thereof importeth And whether the Seek of Reâ—ormation yeelding to the oâ—he with the exposition be not hir Highnes good and obedient subiectes 13 Quaere Why the Archbishops of Cant. should not rather be called Popes then Primates of all England seeing that a Cardinal gaue them the name of Primates aâ— Pope did assigne them the name of Popes 14 Quaere If Wicleue Luther Calum Latimer Tindall 〈◊〉 and other were nowe aliue and should speake against the Lordship of Bish. as they doe in their writings to which prison the Bishops would sende them whether to the Fleete Clinke Marshalsie or gate house Whether bookes seene allowed publikelie solde by authoritie doe containe matters of felony and difâ—amatory to the Queene 15 Quaere wherein the papists haue deserued so wel that mainteaning errours hereâ—ies and blasphennes accounting in generall our doctrine our Bishops an Magistrates hereticall and impious should finde more grace then Seekers of Reformation and why they â—hould not be condemned as felons for their abhominable doctrine 16 Quaere If the Bb. proceeding against men Perordinem inquisitâ—onis as Do. Cosins said at the examination of Maister Cartur doe not therein imitate the papall order vsed by the Bb. in time of câ—uelty and blindnes 17 Quaere If Christ were before the Bishops were demaunded of them concerning his doctrine and should answere I spake openly c. why aske ye me aske them that heard mee what I said vnto them beholde they know what I said whether making this answere he should be coÌ„mitted as Maist. Bambridge and Maist. Iohnson were in Cambridge and as many other godly Ministers be ordinarily vpon like occasion 18 Quaere If by the Iudiciall lawes by the course in the Chancerie or Starchamber any man be forced to sweare before he knowe the cause at least in generall whereunto he is to take his oth 19 Quaere whether by the lawes of Englande euery Bish. is not bound to coÌ„firme children as well as Ministers to mary with a ring whether popish young men not yet confirmed by any Bishop may not without daunger of â—awe reâ—use the Communion seeing by the booke of Common prayer nâ—ne must receyue the Lords supper till he be confirmed 20 Quaere whether an ecclesiasticall Iudge may punish Brisâ—one the pâ—pist for writing that our Communion booke is an apishe imitation of the Masse booke seeing the statute giueth onely that authority to Iustices of peace Item whether Bristowe deprauing the Communion booke may bee depriued of all his spirituall promotions for the first offence against the statute seeing the statute appointeth That he who the second 〈…〉 the Communion booke beeing conuicted thereof by verdict c. shâ—lbe depriued of his spirituall promotions Item whether the lawe doeth not fauour the puritane asmuch as the pâ—pist 21 Quaere whether Adultery is to be punished by the Ordinarie seeing the punishment thereof without any sauing to the spirituall Court is giuen by statute to the Iusâ—ices of peace And whether a man may be punished by two corporal or pecumarie puniâ—â—ments in two seuerall Courtes for one the same cause 22 Quaere If any Ordinary haue contriued promulged publiâ—hed Aâ—ticles in his owne name without asâ—ent of her ma iesty vnder seale and inforced hir Highnes subiectes to subscribe vnto the same And for not subscâ—ibing haue suspended or depriued them And whether an ordinary thus doing may not be imprisoned fined at the Queenes pleasure 23 Quaere whether an Ordinarie may cite a man to appeare before him in his Court to depose as awitâ—esse seeing Iustice Fitzherbert sayeth That it is extortion and vviong to the partie And how many of the Bishops be extortioners in that behalfe 24 Quaere whether a man shalbe examined by othe of anie thing that soundeth to his reproch seeing that Nullus tenâ—â—â—â— seâ—psum perdere and vvhether scisme and heresie be not matters that sound to a mans reproch 25 Quaere If an Oâ—dinarie or an ecclesiasticall Iudge citing men ex officio to sweare to accuse them selues in causes neither matrimoniall nor Testamentarie vvhether a Prohibition will ly against them or not Item whether the ordinary his officers ought not to surcease this maner of proceeding vntill the controuersie moued and now depending thereupon in the Starre Chamber by meanes of the opinion of some of the reuereÌ„d Iudges and of the right worshipful and famous Lawier Maister Cooke be determined Item let it be inquired if notwithstanding the displeasure of the Prelattes the graue and learned Iudges of this noble realme priuately debating these matters vvhether among them
nowe bee made as partiall as Maister Cartwright and yet the Seek of Reform for one writer against the gouernement by Elders may name 3000. with it Not one Protestant out of Englande misliketh it Some of the Bb. doe confesse the gouernemente by Eld. was vsed in the Apostolike Church yet they call it a popedome and tyrannie and preferre an inuention of man before it The Seekers of Reformation finde them selues grieued with many matters of fact to which hir Maiestie is not priuy nor party They thinke it harde that any subiect should deuise articles and subscriptions and publish them in their owne names vpon great paines and penalties to be yeelded vnto contrary to the lawes and liberties of Englande It is thought strange that the Bb. should preciseliâ— inforce the statut 〈◊〉 no Mâ—â—ster ought to vse anie other open prayers then bee set forth in the communion booke and extort a promise and subscription to vse the forme in the saide booke prescribed and no otheâ—â— and yet iâ—ome Ministers when the Spaniardes were vpon the Seas to vse in publike assemblies newe prayers which the Bb. themselues had contriued The Bishops â—care for the Church is commendable but not the contradiction They see not why the Bb. should driue them to weare a Surplisse and yet themselues neglect the vse of Pastorall staues seeing the lawes tie the Bishops to the one aswell as the Ministers to the other They holde it scarce agreeable to lawe that Maister Cawdrie offending in the first degree against the statute that authorizeth the Communion booke should be punished as an oftendour in the second degree and that by an ecclesiastical court albeit by lawe he should haue bene conuicted thereof according to the common lawes by the verdict of twelâ—e men c. They complaine that the Ecclesiasticall Commissioners hauing onely to deale in causes which by ecclesiastâ—call power maie bee corrected doe conuent before them the publishers and writers of bookes for Reformation which are supposed to be felonious therefore punishable by temporall â—ustices They thinke it harde that in cases repleuisâ—ble by lawe they may not be baâ—led by sufficient suertie They thinke they haue iniurie when they are cited by Bb. to make othes and recognisances in causes not testamentarie or matrimoniall They take it grieuously that they are compelled to take infinite and generall othes to aunswere to intrapping interrogatories as was practised by the cruell Bb. in Henâ—y the fourths time and that in matters notorious where neyther sufficient proofe nor witnesse is wanting They pretende many other grieuances as to bee inprisoned suspended degraded and deprâ—â—ed without due cause and course of lawe the subiects thereby being left destitute of heauenly teaching and committed to ignorâ—â—t or carelesse prelats who suffereth the atheâ—st the papist and traitour to pray vpon them Lastly they greatly complaine that the Bb. shoulde bee so vnnaturall as to seeke the life of a right godly and faithfull Preacher of the Gospell I meane Maister Vdall to whom life was offred if he woulde but take his oth that hee did not make a booke whereof he was supposed to be authour A rare example that a man shoulde bee knowen standing at a barre shackled in bolts but quaere quo iure and coupled with a murtherer whose conscience was thought so faithfull and sound by the Iudge himselfe that he woulde not swere falsely to gaine his life Hir most excellent Maiestie is free and cleare from all this dealing Shee doeth not oppugne the knowen trueth Shee thinketh the present reformatioÌ„ to be sufficient Shee weigheth not heresie by the drowsie dreame of one Doctour Shee doeth not ioine with the papists in concluding all protestants to be heretikes Shee doeth not account that straunge and monstrous that the most auncient and best interpreters doe agree vpon Shee braggeth not of all when shee hath fewe or none Shee freeth not hir selfe from lawfull censures Shee calleth the Seekers of Reformation that yeelde to the oth of the Supremacie as shee expoundeth it Hâ—r good and obedient subiectes and adiudgeth their aduersaries Maliciouâ— persons Shee doeth not reuile the Apostolike gouernement Shee doth not authorize the Bishops to contradict the lawes their owne articles proceedings to incrouch vpon the temporal Courts to call men before them where their Courtes cannot holde plea and to vexe them without mercy or iustice To be short shee hath not sought the life of a Minister of the Gospell but like Abigail blessed of the Lorde God of Israell hath kept the handes of the executioner from shedding innocente bloude The Bishops perswade hir Hignes for who woulde not beleeue the Graue fathers of the lande knowing nothing to the coÌ„trary that matters of the Church goe very well But if it shall appeare to hir Maiestie to be otherwise shee will of hir gracious disposition make speede to a better reformation Wherefore seeing they that write for Reformation haue cause or may pretend cause or colour of cause to beare hatred to the Bishops which can not any way be applied to hir Maiesty it followeth that the hatred or malice if you will haue it proceeding from these causes can not fall vpon hir Maiestie for the offences bring hatred and malice to the person men be maliced hated not for sinnes of ignorance or good meaning but of knowledge and wilfulnesse Furthermore the Seekers of Reformation can not haue any Malicious intent in writing for the Discipline They offer their liues to proue the trueth necessitie vtilitie thereof Though a papists cause be nought yet his intent may be good And why should not we presume so much for a good christian as for a popish traitour and impious idolater Lastly they doe not write False and slaunderous things the worde seditious belongeth to the accusation of Rebellion for that doeth not yet appeare The last replies are not yet answered Many things still obiected which were long agoe confuted The followers of Reformation lacke libertie to aunswere in their owne cause If they speake they be silenced if they write they wante PRINTERS They bee shut vp in close prisons their handes as it were bounde then buffeted They are blindfolded and then must reed who did smite them Vnlesse the Iustices and lurours can disproue all that hath bene written and confounde the most profound Clarks in the world whom the Bishops aduersaries haue shewed to stande for this reformation they cannot iustly sentence their writings to be false and slaunderous The certificat of the Bb. in this case is traâ—ersable and not to be admitted They stande at the barre as parties It is worse then heathenish to beleeue Scipio Africanus who conquered the thirde parte of the worlde vvhen hee speaketh in his owne cause If our sauiour Christ should beare witnesse of him selfe his witnesse were not fitte though it must needes
Reformation as felons that yet it is Expedient I answere that if such law be admitted it will be the most daungerous perillous practise that euer was receiued within this Realme of Englande For neither the Prince the Councellours the Magistrates Bishops Iudges or best subiectes can liue in security If men may violate law and iustice vpon a colour or pretence of Expediencie what endlesse mischieâ—es may insue vnto the common wealth What kinde of president would this be to al succeding ages To what purpose haue our auncestours prouided that there shoulde bee euery yeare or oftner a Parliament to supply the defectes of law if vppon a surmise of experiencie men might goe beyond the listes and limites of lawe If the reuerende Iudges of the lande who ought to preserue the integrity and honour of the lawe shoulde admit any such learning besides that it would ouerthrow both the common and statute law it would indaunger the keeping of their oth giue their goods landes and liues to the Princes pleasure Some will expect that I shoude answere the charge against the writer of the Demonstration if one man made both the Epistle and the booke which I haue not as yet hearde to bee proued but seeing he is conuicted by the verdict of 12. men the proceeding against him notoriouslie knowen the accusation and woordes wherevpon hee was conuicted in euerie mans mouth I leaue it to the iudgement of the great day when the Iudge all Iudges shalbe iudged before the Iudge of heauen and earth who will rewarde euery man according to that which he hath done good or ill Precious in the eies of the Lorde is the death of his Saintes O earth thou canst not couer bloude It still cryeth in the eares of the Lord for vengeance saying How long Lorde holy and true doest not thou Iudge and auenge our bloude on them that dwell on the earth Surelie he that preserueth the haires of the head and putteth the teares of his seruantes into a bottel will much more preserue in his bottel the drops of the bloude that fall from the bodies of his saintes Therefore be warned bee wise and take heede what you doe ye Iudges of the earth It is one thing to deale with a theefe and murtherer another thing to iudge a Minister preacher of the Gospell of Christ your redeemer and that in matters of religion wherein God knoweth you haue small vnderstanding Thus haue I runne ouer the obiections made to proue the writers of Reform against the Hierarchie to bee diffamers of hir Maiestie and rebelles I will proceede a little further to shew that if men would be curious in their writings that deale for the Bb. and if their wordes were a little inforced as they might be by M. Dolion or some such factor for the Bish I feare they might incurre the daunger of this â—tatute as easily as others The Bb. in their booke doe write That it is not lawfull to bestowe such liuings vpon late men as are appointed by 〈◊〉 to Preachers of the worde Though this might stande good and yet ouerthrowe many of our Bb. states honors who preach not the word yet this doeth reproch hir Maiestie who doeth imploy some of the â—b liuings oâ—tentimes to better vses then Bb doe bestowe them M. VVicleve that famous protestant taught another lesson 〈…〉 And who will not thinke the superfluitie of a Bb. liuing better bestowed vppon such a man as Sir Frauncis Walsingham that right honorable Councelor and benefactor of the Church and Countrie then vppon any Bb. that referreth al abondance to the aduancement of his house and posteritie D. Brâ—ages mainteineth in writing That a Priest maie haue a moderate Lordely iurisdiction ouer all the Lordes allotment and 〈◊〉 Which implieth and externall â—ordely iurisdiction ouer hir Maiestie vâ—les he will say That she is none of Gods heritage both which might be made a daungerous doctrine D. Bancroft writeth That her Mâ—iestie is a Pâ—ty pope and ascribeth to hir all the iurisdiction that the Pope euer had by vsurpation M. Iewell saieth That the popish Prelates gaue K. Henrâ—â— the 8. the strange and vnvsed â—ule of head of the Church to bring him into the slander and taske of the worlde And the Parliament for auoyding scandale changed the title of Supreme heade to Suprem Gouernour If Maist. Iewell misliked that thâ— Queene should be called Supreme heade what would he haue thought of Pety pope or howe can the Parliament beare this Do not the Protestantes detest in the pap their woman pope The Archb. of Canterb. would bee displeased and I can not blame him if a man should call him Pope Notwithstanding the Pope saide of one of his predecessors Includamus hunc in orbe nostro tanquam 〈◊〉 orbis Papam Let vs include this Aâ—selme in our woorlde as Pope of another worlde meaning great Britaine called by the auncient writers a world by it selfe yet it is thought nothing to call hir Maiestie a Peâ—y pope Doctor Whitakers sayeth That the Name authoritie and person of the Pope all Protestantes doe abhorre and accurse to the Prince of darknesse whence it came The papistes doe slaunder hir Maiestie to be a Pope or Pety pope but M. Nowell telleth the papistes and D. Bancroft also That wee doe not teach that the Princes be either Popes or Pety popes The papistes also doe abuse hir Highnes as D. Bancroft doeth saying That vve take the Supremacie from the Pope and giue it to the Prince But Doctor Rainolds aunswereth That the Supremacie which vvee take from the Pope vve giue to no mortali creature Prince or other But D. Banc. who thinketh himselfe a great Clerke as if he were a deeper Diuine then either M. Nowell or M. Rainolds whom he vseth to call a Precâ—fian maketh hir Maiestie a Petie pope assigneth hir not some of the Popes power but ALL honors dignities preeminences iurisdâ—ctions priuileges authorities profites and commodities which by vsurpation did at anie time appertaâ—e vnto the Pope If a man can diffame by foolishe flatterie then D. Bancâ—s the most notorious diâ—â—amer of hir Maiestie in al England Neither lawe reason religion or good manners doeth waâ—rant this God forbid that like extremity were extended for these faultes as hath bin vsed against the Seek of Reformat I doe not recount them for that purpose but onely that the Bb. and their friendes seeing their owne case if hir Maiestie vvere not mercifull may deale more curteously with their brethren Conclusion Considering the doubtfulnes of these controuersies I trust your Maiesty will take some good order for the peaceable debating compounding of them In the meane time we hope that these things which are here writen being well weighed your gratious and tender heart will neuer suffer one drop of bloud to fall to ground for these causes of Reform till
making my selfe knowen to any creature yet when my apparance shall be found more profitable to the Church then my concealement I will come forth and iustifie my words in such maner and forme as I haue writen In the meane time I wish euery true harted Christian To pray for the peace of Ierusalem that nowe at length her Maiestie of God will rather then any other Prince succeeding may haue the honor in reconciling the two twinnes that striue togither is the body of our Church to the great perill and danger of the whole Nubecula est citâ— transibit Certaine Articles vvherein is discouered the negligence of the Bb. their officialles fauourers and followers in perfourmaunce of sundry Ecclesiasticall Statutes Lawes and Ordinaunces Royall and Episcopall published for the gouernement of the Church of England Out of the Statutes 1 BY the statute of 25. H. 8. cap. 15. It is accouÌ„ted by the Parliament against equity and due order of iustice to bring any man in dâ—unger of his life name goods or landes by any intrapping interrogatories or by any other meane then witnesse verdict confession or presentment Yet the Bishops doe examine the Queenes subiectes vpon intrapping interrogatories vvithout verdict vvitnesse confession or presentment to the daunger of then liues names landes and goods for making printing or dispersing of seditious bookes and sundry other grieuous crimes vpon vaine surmises or secret suggestions of lewde persons who dare not auow their accusations in the face of the Defendants Whereby the subiects be intollerably molested without remedy or costs daÌ„mages awarded for their vexations molestatioÌ„s wrongfully susteined 2 All men are baylable that are not prohibited by law to be bayled 2 West ca. 14. yet the Bb. deny bayle to some that ought not to be imprisoned much lesse be vnbayleable by any lawe 3 No officiall or other officer should take any more then three pence for the seale of a citation else they forfayte double costes and dammages to the partie grieued 23. H. 8. ca. 9. 1. Eliz. cap. 1. yet they vsually take more vnder colour of signing or subscrâ—bing a citation which is a thing in lawe materiall Iermes in lawe Tit. Faits 4 No forreine Constitutions whether they be the Popes or Emperours lawes haue any force in our state Onely such Synodall and Prouinciall Ordinances as haue beene made within this Realme are confirmed for lawe 25. H. 8. cap. 19. yet the Bishops in their Consistories doe put in practise the Romish and imperiall constitutions not contenting themselues with the Statutes Iniunctions and other Ecclesiastical ordinances of this Realme 5 Such Canons and Constitutions onely as be not repugnant to the lawes statutes customes of this Realme ought to be put in practise 25. H. 8. cap. 19. But the Bishops giue sentence in infinite matters which would be otherwise ruled by the common lawes 6 The law accompteth them Ministers who are made after anie other order then is prescribed in the lawes of Englande so that they will subscribe to the Articles of saith and doctrine 13. Eliz. cap. 12. yet the Bishops haue reckoned such men as haue bene ordeined ministers in reformed churches to be lay men though they esteeme a popish priest a sufficient minister 7 The lawe requireth a subscription to the Articles of religion onely that concerne the confession of true faith and doctrine of Sacramentes 13. Eliz. cap. 12. The Bishops vrge a subscription to the bookes of Homilies and diuers ceremoniall and transitorie matters neither concerning faith nor Sacrament 8 If the Bishops publishe any Canons or orders to be practised without the Royall assent of her Maiestie they should be fined and imprisoned 25. H. 8. cap. 19. Notwithstanding this statute they publish Subscriptions in their prouinces and Articles in their Diocesses without any assent of hir highnes 9 By the Statute 23 Eliz. cap. 1. the Ordinarie of his Ministers should not take any thing for allowing or licensing a Schoolemaister to teach And neither the statute nor any iniunction or lawe requireth a subscription by Schoolemaisters yet it is famouslie knowen that they extort of Schoolmaisters for licences to teach of some 7 shillings of some tenne shill of some a marke according to his state that admitteth them whether he be Archb. Bishop Chauncelour or officiall The Iustices of peace ought to cause this grosse and palpable extortion to be inquired of at their Sessions The inforcing of subscription vpon Schoolmaisters is vpon like warrant of law and iustice 10 By the great Charter coÌ„firmed by many Kings of England in parliamentes and by the auncient Bb. by their Excommengments None should bee imprisoned but by the lawefull iudgementes of this Peeres or by the lawe of the lande Mag. Chart. Cap. 29. The Bishops will punishe men for not swearing vainly and Women for not being Churched c. without triall or shewing authority of law to warrant their proceedings to the great periudice of the auncient and lawfull libertie of English subiects Out of the Common lawes 11 By common law a man shall not be examined vpon his othe in matters that sound to his reproch For no man is bouÌ„d to accuse him selfe Crompt 182. yet Bishops would examine men vpon their othes in case of felonie as for writing publishing of seditious bookes 12 No man should be cited to a spirituall court to depose there in any matter as witnesse for this is extortion and tort to the party Fitz. Iust. of peace pag. 172. b. Crompt 219. this is not remembred of our spirituall Doctours 13 No Bishop ought to appoint a man to appeare before him to take an oth ex officio sauing in matters of mariage and Willes And the cause of the appearance must be expressed particularly in the citatioÌ„ otherwise it is against law as Iustice Fitzherbert saieth Nat bre pag. 41. yet the Bb. boldly presume against this lawe Out of the booke of common prayer authorised by act of Parliament 14 It appeareth by the Kalender which assigneth 4. chapters to be read euery day through the yeare Also by the preface and order of reading the Psalmes that the morning and euening prayer should be read euery daie through the yeare either publikelie or priuately except great busines hinder yet they be onely read vpon Sundaies Holidaies Wednesdaies and Frydaies and Saintes Fues 15 The Curate must toll a bell to seruice that is he must eyther doe it himselfe or appoint another yet this is deputed to the Sexten or Clarke who is founde by the Parish and not by the Curate 16 The people are to answere the Priest to say AMEN and such like yet this is permitted to the Clearke alone in most places who after the popish order must supply the room of the vnlearned and say Amen as the papists doe abuse the scriptuâ—e to that purpose 17 Where there is singing there the Lessons
of the Queenes subiects should call one another Heretike Schismatike or vse any such like word of reproch yet the Bb. their libellers and slatterers call her Maiesties subiectes and that falâ—lie Scismatikes heretikes puritans and such like as appeareth by their pamphlettes and cholericke brables 49 Whensoeuer the name of IESVS is pronounced in Sermon Lesson or otherwise all men should vncouer their heads and make a legge yet the Bish. and their Chaplens seldome vse this vnlesse it be at reading of the Gospell as if the Gospell were more holy then the rest of the scripture especiâ—lly they forget it when lustely and brauely they sweare by Iesus 50 The Queene accounteth and calleth them hir good and lawfull subiects that acknowledge her Maiesty to be the sole supreme gouernour ouer all the subiects in her Dominions But the Bb. accompt some such men papistes traitors 51 The offendours against the Iniunctions are to be punished by depriuation suspension excommunication c. by the ordinaries The Iustices of peace are to assist them yet howe many of the Bb. ministers haue beene depriued c. for not causing twelue sermons to bee preached euery yeare in their parish For playing at Cardes Dice c For not distributing the 40. part of their liuing to the poore For not allowing fiue markes to a poore scholler For not reading the Iniunctions for mispending the Sabboth For not wearing square cappes For calling their brethren puritans c. For not kneeling when they sweare by Iesus And for terming her Maiesties good and obedient subiectes papistes and traytours These Iniunctions and ordinances appointed by the Queene are forgotten But the Bish. be carefull enough to vrge subscriptions othes ex offiâ—io and such like vnprofitable and Apocryphall stratagemes their owne deuises Out of the Bishops aduertisements 52 By the aduertisements a Minister should pay for the wax perchment writing of a licence to preach onely foure pence how this is obserued I referre my selâ—e to the lâ—â—centiaâ—s and licentious preachers of our tune but of such men commonly no licence is required 53 No man should be absent from his cure but in respect of Sicknes seruice or studie at the Vniuersities yet it is knowen that many be absent hauing no such respectes to dâ—â—we them away 54 All ecclesiasticall persons should weare in iourneing cloaks with sleeues yet many great patrons of formality doe not vse them Out of the Bishops Canons 55 By the booke of Canons agreed by all the Cleargy of the prouince of Canterb. The housholde seruaunts of 〈◊〉 should be of good life of sound religion orderly modestly apparelled yet many instances may be giuen to the coÌ„trarie 56 None must be made minister that hath bin brought vp in husbandrie or some other base and handie craft labour nor any but such as haue a title whereby they may liue if they become blinde and fall into any languishing or continuall sicknes yet the Bishops make their blinde porters and such other worne and forlorne seruitors ministers hauing no title but the ministerie to relie vpon 57 The Bb. should not graunt to any the next or 3. aduowson of any prebende or benefice for they say those aduousons are farre from good doing and christian charitie yet presentations and aduousons to churches before they bee voyed be notoriously and vsually graunted by the Bb. 58 There should be in Cathedrall Churches in Prebendaâ—ies and Deanes families the booke of Martyrs that all commers in might reade it yet the most doe want it as I am perswaded 59 Euery Chauncelor Commissarie and Officiall should be learned in the Ecclesiasticall and ciuill lawes yet many ministers vtterly ignorant in those faculties doe beare such offices 60 All vnpreaching Prelates should teach children to write to knowe their duetie to God and others yet the parishioners are burdened to finde schoolmaisters for theese matters 61 Churchwardens should be chosen by the minister people they should admonish and warne anie noble or vnnoble that offende others by adulterie drunkennesse much swearing baâ—drie vsurie and other wickednesse in life And if they will not heare the Churchwardens the Church-wardens should shew the fault to the Parson or Curat be he neuer so base who should more sharplie and vâ—heâ—entlie reproue them And if they continue still they shoulâ— driue them from the communion till they bee refoâ—med This profitable order of discipline is altogither neglected both it election of Church-officers by the people are reputed dâ—ungerous seditious and scismaticall in those that seeke to haue theÌ„ established soundly practised and prosecuted with effect 62 The whole cleargy of that Prouince do agree that Nonresidence is a thing in it selfe to be abhorred and odious to the pâ—ople pernicious to the Church of God yet they retâ—ine nonresident Chaplens about them daily countenancing such men most oppugning in Parliament the Nobility and commonalty that speake against it 63 No mâ—n should haue aboue 2. Benefices at once not distant a sunder aboue 26. myles yet many haue 3. or 4. scattetered one from another 100. myles 64 Al men should eschewe the company of an Excom person he shoulâ— be esteemed an heathen and publican yet our â—olie Preâ—aâ—eâ— such is their learning euen in the common articles of our religion doe call our Excommunication a ciuil discommuning and make no scruple to company with such persons I doubte if the matter were well examined the most of the Bish. them selues haue bin excommunicate ipso facto and still continue in that state for the breach of the statute of Magnacharta and infinite Prouinciall and Nationall constitutions Wherevpon they are disabled to sue any actions and are to be esteemed as heathen and publicanes It were endlesse to reccount all the cases vvherin the Bb. their Officers their Chaplens and hang-bies doe ofâ—ende against our Synodall and Prouinciall constitutions agaynst their owne bookes and Articles publâ—â—hed in their Synodes and CoÌ„uocations It woulde make a large volume to remember wherein they proceede and giue sentence in their courtes contrarie to the Statues and common lavvs of this Realme Thus much is sufficient to set the Gentlemen studentes of Englandge a worke to searche more narrowelie into these thinges then they haue done that they maie by their paâ—nes in studie redeeme hir Maiesties lawes from the captiuitie wherein they are deâ—eâ—â—ed by the Cleargie By these Aâ—ticles it appeareth that our Bishops doe not of conscience to God and honour to hir Maiestie exclaime against the Seeke of Reformation for not yeelding in all thinges to hir â—â—â—â—nctions lawes and other proceedings For if they did bona fide ex animo in deed honour hir Maiestie and seeke the aduauncement of the Gospell of Christ Iesus they woulde be more carefull and sedulous to see the profitable and necessarie