Parliament at that time to this purpose but rather for the ouerthrowe of the Hierarchie As many yet aliue can witnes who would with great vehemencie haue spoken against that matter for their owne and their friendes safety When Maister Stubs of Lincolns Inne had written against the mariage intended by Monsieur the Daulphine of France towardes hir Maiestie to the ende that men should bee terrified from writing dishonorably of hir Highnes this statute made that offence felonie which by former statutes was onely the losse of the right hande Which proueth that the â—aw-makers prouided for hir Maiestie not for the Hierarchie The Parliament hath bene more ready for Reformation then against it as appeared most euidently the last Parliament when the bill against Nonresidencie passed the lower house and had like to haue also passed the higher house by the right honorable the Lord Treasurer his meanes and other right noble Lordes who spake for it had not the Bishops laboured against it 15 Some of the lawes be faultie euen in Church matters as our Prell not popish will acknowledge reporte and write if neede be There was a lawe made by King Henrie the 8. and confirmed by hir Maiestie That such Canons Constitutions c. which bee not contrariant to the lawes statutes customes of this Realme nor preiudiciall to the Kinges prerogatiue shalbee executed as before the making of that act Amonge which Canons c. there be many vnlawful foolish thinges though neither against the lawes customes or kings prerogatiue yet repugnant to the Lawe of God As namely That women maie not sue their husbandes for adulterie that Heretikes after their death shoulde be excommunicate that there is such affinitee betweene the Godfather and the childe for whom he promiseth in baptisme that it hindereth mariage that a man maie not fast vpon Thursday That all Clearkes shoulde absteine from flesh 7. whole weekes before Easter Infinite corruptions bee in these Canons yet in force and good in lawe I suppose that our Bb. coulde be content that this statute of 25. were corrected Sure I am the Bishops in King Edwarde the 6. dayes did see manie things out of order in the Canon lawes or else they woulde not haue a whole booke for Reformation of them which booke can haue no intertainement in our time But seeing the Bb. will not deny but that some abuses be established for lawe lette them beare with others that espie greater faultes then those bee 16. Lastly many haue writen both against the state of the Church and common wealth as it was is fenced by law who were neuer accounted diffamers of our Princes Some write against Triall by battell Some against Forfaiture of Traytours landes The returne of writtes in one terme the lingring of men in prison before they come to tryall the priuiledges of Parliament men the pardoning of murtherers pluralitie of farmes c. Some against Racking Some against feined recoueries to defeat them in remainder or reuersion vpon estates taill Some against buying and selling of Wardes and such like Against the gouernement of the Church in England manie subiectes haue written neuer deemed diffamers of the King as In Edwarde the thirdes reigne did Wicleve arise one of whose articles was this That Popes Cardinalls Bishops or other Priests maie not ciuiliter dominari absque mortali peccato may not rule like ciuill Lordes without deadlie sinne Also hee taught That no Prelate ought to haue any prison to punish offendors And that no King should impose vppon any Bishop or Curate any secular matter for then both the King and the Clearke should be proditor Iesu Christi a betrayer of Christ Iesâ—s although the Archbishop of Cant. and the Bishop of London did put Wicleue to silence for this doctrine as their successours do at this day yet they did not call him a diffamer of the king William Swinderby a professour of the Gospell vnder Rich. the seconde helde That the more Lordship a Priest hath the neerer he is to Antichrist Also that The Priestes of the old lawe were for bidden Lordship and that Christ himselfe refused and forbad his Priests Lordships saying Reges Gentium c The Kings of the Heathen beare rule c. but you shall not doe so Piers Plowman likewise wrote against the state of Bishops and prophecied their fall in these wordes If Knighthood and Kinâ—wite and Comone by consciencâ— Together loue Lelly leueth it well ye Bishops The Lordship of Landes for euer shall ye lese And liue as Leuitici as our Lord ye teacheth Deut. 8. Numb 5. per primitias decimas c. Geffry Chaucer also in Henry the fourthes time wrote effectually against the state of the Bb. in this maner The Emperour yafe the Pope sometime So hiâ— Lordship him about That at the last the silly Kime The proude Pope put him out So of this Realme is doubt But Lords beware and them defende But nowe these folke beene wondrous stoute The King and Lords nowe this amend Moses lawe forbade it tho That Priestes should no Lordships weld Christes Gospell biddeth also That they should no Lordships held Ne Christes Apostles were neuer so bold No such Lordships to hâ—m imbrace But smeren her sheepe and keepe her folde God amende hem for his grace Thus wrote this famous Poet against the English Bishops and yet was neuer accounted diffamer of the King though the Bb. in his time did holde their Lordships of the King as they doe now in Englande Sir Geffrey Chaucer his workes were in K. Henry the eight his daies authorized to be Printed by act of Parliament to which that glorious king would neuer haue condescended if hee had thought that the diffamation of the Bishops had beene a diffamation of him selfe In King Henry the eights time the renowmed professor of the Gospell Maister Tindall did write That it was a shame of all shames and a monstrous thing that Bishops should deale in ciuill causes And againe What names haue they My Lorde Bb. My Lord Archbishop If it please your Lordship if it please your Grace D. Barnes a right learned man at the same time did write That he would neuer beleeue nor could euer beleeue That one man may by the lawe of God be Bishop of two or three citties or of a whole Country for that is contrarie to the doctrine of S. Paul c. Maister Hooper in the daies of Edward the sixt did effectually write against the English Bish. For the space saieth he of 400. yeares after Christ the Bish. applyed all their witte onelie to their owne vocation but our Bish. haue so much witte that they can rule and serue they say in both states in the Church and also in the ciuile policie when one of them is more then anie man is able to satisfie
let him doe alwaies his best diligence If hee be so necessarie for the Court that in ciuâ—ll causes hee can not bee spared let him vse that vocation and spare the other It is not possible hee should doe both well It is a great ouersight in Princes thus to charge them with two burthens If this excellent and right famous man were now aliue and should say thus much hee might peraduenture if some had their will be martyred once againe Hee addeth further That the primitiue Church had no such Bb. as we They had such Bishops as did preach many godly Sermons in lesse time then our Bb. horses bee a bridling Their house was the schoole and treasure house of Gods Ministers If it bee so nowe let euery man iudge The Magistrates that suffer the abuâ—â— of these goods bee culâ—able of the fault If the fourth part of the Bishoprâ—ck remained to the Bishop it were sufficient The third part to schoolemaisters The second to the poore and souldiers were better bestowed If any be offended with me for this my saying hee loueth not his owne health nor Gods lawes nor mâ—ns Out of which I am alwaies readie to prooue the thing I haue saide to be true Further I speake of loue not hatred This was writen by this noble Maâ—tyr against the protestant Bb. vnder king Edward the sixt In these words he doeth not obscurely reproue the King and all Princes that mainteine the state of Bb. yet neither the Bb. nor Iudges in King Edwards time did adiudge this holy man to be a diffamer of princes His bookes touching this maâ—â—er haue bene publikely printed and solde and euen nowe are to be solde vnder hir maiestie Father Latimer another man of God and holy martyr was a Bishop in King Henry the eight his time but he gaue ouer his Bishoprike as also Shaxton Bishop of Salisburie did at the same time being diuested of his Bishoplike habite he skipped for â—oy as maister Foxe reporteth feeling his shoulders so light and being discharged as he said of so heauie a burthen Thus he speaketh of the Bishops in King Edwarde the sixts dayes in his sermon of the ploughe Ye that be Prelats looke well to your office for right Prelacâ—e is busie labouring and not Lording Thus much I say that since Lording and Loitering hath come vppe preaching hath come downe contrarie to the Apostles times They preached and Lorded not And nowe they Lorde and preache not They that bee Lordes will ill to ploughe It is no meete office for them If the ploughmen that nowe be vvere made Lordes they would cleane giue ouer ploughing and fall to Lording out right and let the ploughe stande By the loytering and lording of Prelates preaching and ploughing is cleane gone They are occupied some in the Kinges matters some are Embassadours some of the priuie Councell some to furnishe the Court some are Lordes of the Parliament some are Presidentes and Controllers of Minâ—es Well Well is this their duetie is this their office If the Apostles might not leaue preaching to be Deacons shall one leaue it for minting Heare my country Englande as Paul saâ—â—d in his first Epistle to the Corinths 6. chap. Is there vtterly among you no wise man to be arbitratours in matters of iudgement What none that can chuse between brother and brother c. Ad erubescentiam vestram dicâ— I speake to your shame So Englande I speake to thy shame Is there neuer a Noble man to bee a Lord Preâ—iaent but it must bee a Prelate Is there neuer a wise man in the Realme to bee a controller of the Mâ—nâ—e I speake it to your shame I speake it to your shame If there bee neâ—er a wise man make a Waterbearer a Tiâ—ker a Cobler a Slaue a Pagâ— controller of the Minte Make a meane Gentleman a Grome a Yeoman make a poore begger Lorde President This I speake not that I would haue it so but to your shame if there bee neuer a gentleman meete nor able to bee Lorde President It is a slaâ—â—der to the Noble men as though they lacked wisedome and learning to bee able for such office or else vvere men of no conscience or else vvere not meete for such offices A Prelate hath a charge and a cure otherwise and therefore hee cannot bee both a Lorde President and discharge his duetie too For a Presidentship requireth a vvhole man and a Bishop can not be two man Let the Priest preache and let the Noblâ— man handle temporall matters Then he proceedeth and telleth who is the most diligent Bb. in all England euen the Diuell who is alwaies in his Cure and Dioces keeping alwaies Residence He is no vnpreaching prelate Hee is no lordly loyâ—erer from his cure but a busie ploughman Therefore yee vnpreaching prelates learne of the Diuell to bee diligent in dooing of your office Learne of the Diuell if you will not learne of God nor good men For shame learne of the Diuell Ad erubescentiam vestram dico I speake it to your shame And in a Sermon before the King Though I say that I vvould wishe moe L. Presidents I meane not that I vvould haue Prelates Lorde Presidentes The office of a President ship is a ciuill office and it cannot bee that one man should discharge both offices well Thus Puritan-like wrote Father Latimer the famous martyr yet he vvas neuer esteemed a troubler of the state a Marprince and a diffamer of the King though in deede he was a Mar-bishop and Mar-prelate His Sermons containing this matter are publikelie to bee solde with authoritie testified in these wordes seene and allowed according to the order of the Queenes inâ—â—nctions And Matâ—hewa Sutcliffe saieth That bookes which passe with this approbatioÌ„ doe conteine nothing contrary to the State of this Realme Therefore it were straunge that the Seekers of Reformation should suffer as felons for writing against the ciuill offices of Bishops against their authority in the Parliamâ—nt in the councell and such like ciuill places seeing writings to that effect be seene solde and allowed as not preiudicall to our estate neither diffamatorie to her maiesty Maister Nowell in his Catechisme fully grounded on Gods worde and receyued and allowed by the church of England as the Bishops say and commaunded to be learned of ministers taught of all schoolemaisters doeth write thus of the Eldership If the Church were well ordered there should be in it a gouernement by chosen Elders or ecclesiasticall Magistrates such as was in the primitiue Church Shall men suffer as felons for such things as are fully grounden on Gods worde and receyued allowed and coÌ„maunded to be taught in the church and schooles of Englande The Lord forbid Doctor Rainolds the iewell of Englande publike professor of Diuinitie in Oxforde at the appointement and charges of the right vertuous and noble Earle of Essex did alleadge in open
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
hospitalitie For that is the cause that you alleadge you must haue thousandes as though you were commanded to keepe hospitalitie rather with a thousande then with an hundred This booke was written in defence of the lawefull regiment of women but now the authour laboureth to suppresse this booke tenderinge more the state of the â—b then the Queenes Crowne 2 Maister Bullingham before hee was Bishop being arriued at Embden after many stormes wrote vnto a godly man in this manner Would God Master Bull that all the Prelates in Englande had beene with mee when wee fell to cutting off Cables reding at anchor in the raging seas There woulde haue beene tearing of square cappes renting of Rochets defyiâ—g of Bâ—shoprickes despising of pompe promising a newe life crâ—ing for mercy O what a tragedie woulde there haue beene VVell well though nowe they walke drâ—e shoode in their pallaces there is a God that will trie them and all his people by fire or by water vnlesse wee hartilie repent Grace to repent graunt vs O Lorde without delaâ—e Amen Amen 3 D. Bridges before he intangled himselfe with the Disciplinarie controuersies writing against the papists vseth these woordes Christ hath put such a barre betweene Bb. and Princes that his spirituall Bb. cannot haue earthly kingdomes And againe where the papists helde that the Pope was not properlie but vnproperly aâ—â— orde to take awaye this he addeth Christ simply debarreth all his spirituall Ministers from ruling of temporall kingdomes Christ hath both properly and vnproperly debarred them Vos autem non sic You shall not doe so These wordes strike deade Maister Sanders Further whereas the papists account Aerius and al Protestants heretikes because they holde that by Gods booke A Bishop and a Priest are all one D. Bridges doeth therein iustifie Aerius and the Protestantes out of Hierome Peter Lambarde Durand and the Institution of Collen But sithens that time writing in defence of Bishops he mainteyneth their Lordshippe and accounteth his brethren Aerian heretikes This doublinge by such as defende the Hierachie must needes cast great doubtes in the heartes of all men 5 Testimonies of learned men imply some further Reformation These followers of Reformation giue greater colour to their cause by the testimonie of auncient and late writers whom they pretend to speake against the manner of our gouernement by Bishops and for the gouernement of their Elders 1 Against the authoritie and practise of our Bb. they alleadge the Canons of the Apostles the Councels of Carthâ—ge Calcedone Constans Turon and Macra the testimonie of Cyprâ—an Tertullian Augustine Hierome Ambrose Chrysostome Gregorie Hillarie Synesius Nazianzene Origene and Bernard 2 Touching late reformed Churches they mainteyne that there is no protestant Church in all Hungarie Poleland Denmark Friselande Swevelâ—nd Heluetia Saxony Auspurg of in anie part of Germanie in France Scotlande the lowe Countries or in any nation truely prosessing the Gospell in all the world that doth either by their doctrine or practise attribute so much authority ciuill and ecclesiasticall in sole excoÌ„munication and ordination of Priestes as is now vsed and challenged by English Bishops 3 Among late writers they drawe to this purpose Luther Melancâ—â—â—on Bucer Martyr Caluâ—â— Beza Bullinger Zanchius Daneus Erastus Gualter Munster and many other 4 Lastly out of our owne English Writers they fetch matter against the Bb. 1 Harding woulde proue by the example of Moses who exercised both a Priestes and Princes office that the Pope may vse ecclesiasticall and ciuill authoritie Master Iewell answereth thus Christ him selfe sayeth to the Pope and to all other Priestes and Bb The kings of the nations rule ouer them and they that are great exercise authoritie ouer the people but it shall not bâ—e so among you Hee addeth the saying of Cyprian Christ by seuerall dueties and distinct honours both set a difference betweene the offices of both powers Also he vrgeth an effectuall speach of Bernard to the Pope That hee cannot be both a successour of the Apostles and a Lord. For doubtles hee was forbidden the one of them Yet our Bb. be both 2 Mai. Nowell Deane of Paules saieth that Christ refused pompe riches and dominions when the Deuill offered them Hee denyed his kingdome to bee of this worlde and forbad his true Disciples the possession of such riches and vvorldelie dominions as the Pope nowe clymeth In another place Christ forbad his Ministers all Dominion and worldly gouernement Mat. 20. And againe S. Peter forbiddeth Ministers to exercise Dominion or Lordship ouer their flockes 3 D. Bilson Warden of Winch. hath thus writen Christ expresly forbiddeth his Apostles to be rulers of Nacions The Kinges of the nations rule ouer their people c. with you it shall not bee so In which wordes Christ doeth not traduce the power of Princes as vniust but distinguisheth the calling of the Apostles from the manner of regiment which God hath allowed the Magistrate Christ saieth not Princes are tyrants you shall deale more courteouslie but he saieth Princes be Rulers by Gods ordinaunce you shall not be so c. Then he proueth that Katakyrieuein is not meant of Tyrannical but of Rule with authority and shutteth vp his argument in this sorte Therefore the conclusion is ineuitable That Princes may lawfullie compell and punish their subiectes buâ— Bishops may not This manner of reasoning against the papistes hath incensed men vehemently against L. Bb. If these reasons be not good Maister Iewell Maister Nowell and D. Bilson haue much to aunswere 5 On the other side these whoâ—e pursuers of Reformation haue had great inducementes to enforce the â—Idership 1 That there was a gouernement by Elders assisting the ministerie in the primitiue Church is collected obscurely out of Ignatius Tertullian Cyprian Augustine More clearely out of Ambrose Hierome Possidonius Socrates and the Canon lawe 2 The Diuines of later time almost generally doe gather the Eldership out of the Script namely Zuinglius Martyr Aretius Caluâ—â— Illiricus Hemingâ—â—s Hiperius Iunius Bucer Beza Piscator Oleuian Bulliâ—ger Szegedinus Musculus Heshusius Robert Stephen Daneus an Italian Bertrand de Lâ—ques Bastingius Morneus Sadâ—ell Nowell Fulk Whitakers Snecanus Vâ—sinus and Trelcaâ—ius Lastly the Churches in the lowe Countries France â—eluetia and Scotlande doe consent herein 3 That the same gouernement by Elders should continue vnder the Christian magistrates is agreed by Iohn Alasco Vâ—enhouius Microâ—â—us Zuinglius Oecolampidius Zuichius Capito Miconius Farell Viret Melancthon Bucer Caluin Martyr Iunius Beza Zanchius
and printed by authoritie 3 The testimonie of the principall Diuines in Europe 4 The vntoward ruling of the Bb. 5 And the apparant vtilitie by gouerning Elders doe lye as offensiue stumbling blockes in their way To the ende that these men may haue more mercifull acceptation and may not be subiect and lie open to the bloudie desires of their aduersaries whereof no doubt some bee hollowe harted papistes and some without God in this worlde who neither regarde Religion Prince Bishop or Countrie but with their own ease and aduantage I haue vnder the fauour of better iudgement taken in hande to pleade not for any landes or tenementes but for the liues of your Maiesties most loyall subiectes and Gods faithfull seruauntes for God may haue great interest in them though they erre in Discipline whom some do drawe within the statute of Newes because they doe write for Reformation The wordes of the statute Be these If anie shall aduisedly and with a malicious intent deuise vvrite c. anie manner of booke writing c. containing false seditious and slaunderous matter to the diffamation of the Queenes Maiestie that nowe is or to the incouraging stirring or mouing of rebellion or insurrection within this Realme hee shall suffer and forfait as a felâ—n From this law it is thus reasoned VVhosoeuer write bookes to the diffamation of her Maiestie and to raise rebellion doe offende against this Statute and are felons They that write for Reformation make bookes to diffame the Queene and raise rebellion Therefore the writers for Reformation offende against this statute and are felons They proue the first parte of the Minor in this mâ—ner They that diffame the Bb. who bee members of hâ—r Maiesties body politike and vphelde by hir lawes doe diffame the Queene They that write for Reformation diffame the Bb. c. Touching the second point in the Minor the followers of the Bishops would proue that the seekers of Reformation doe write to stirre and moue Rebellion First by argument drawnâ— from the generall scope of their writings Secondly by particular supposed mutinous and rebellius sentences scattered in the bookes written in defence of Reformation Their generall argument is to this effect They that write to worke discontentment in the mindes of the subiects against the gouernement receiued doe write to mooue a rebellion For Discontentment is the mother of Rebellion The Seek of Reformation write to worke a discontentment in the mindes of the subiectes against the gouernment receiued Therefore they write to moue a Rebellion The supposed mutinous speaches which they gather out of the bookes which speake for Reformation are these D. Banc. sayeth that Martin threatneth Fists Others obiect a place in Martin Senior where hee mentioneth a hundred thousande handes and saith That these so manie togither would strâ—ke a great stroke D. Cosins citeth one Fran. Iunius pag. 28. who holdeth That people may resist the Princes that hinder the Presbyteries And that in the seconde Admonition pag. 29. it is sayd That many thousandes in Englande desire that platforme and that greate troubles wil come of it if they be withstoode in their deuises c. If I were perswaded that any seeker of ReformatioÌ„ did intende either to diffame hir Maiestie or to raise rebellion I am so farre from approuing his fact or writing in his defence that I adiudge him rather to be punished as a traytor then a felon But because I assure my selfe that they bee guiltlesse of these crimes in tender regarde of innocencie and of hir Maiesties most godly lawes which ought not to bee peruerted I haue at tempted to aunswere the quarelles of their aduersaries in this behalfe Saluo semper meliore iudicio Which clause I will haue to runne and reache from the beginninge to the midsts from the midsts to the endâ— of all this treatise For answere to the first point in the argument I doe make good that Admit the Seek of Reformation doe diffame the Bb. who bee members of her Maiesties bodie politike and vphelde by hir lawes yet they doe not diffame the Queene as this statute intendeth In my vnderstanding there be two generall Bodies politike in this lande The one the Bodie politike of the Realme the other The Bodie politike of hir Maiestie The bodie politike of the Realme is All the people in the common wealth contracted and distinguished into the Three states of the Parliament The first is the Queenes Maiestie The second The Lordes The thirde The Commons The Bb. be not one of the Three states though Matthewe Sutcliffe shoulde affirme it twenty times vnlesse he will turne out either the Queene the Lords or the Commons and assigne their place to the Bishops Although the Bb. since the time of H. 11. Haue beene present in the Kings Courtes with other Barons till the matter came to the losse of limme or life for at such time by the lawes they are to auoyde the place And although they are de facto intituled as Authours of our Statutes yet I holde that this is onelie of grace and fauour and de iure or by necessarie right For our Princes as was conuenient at the assembly of their Parliamentes haue vsed to call the Bb. so long as they vvere taken for godly and learned into their consultations that did concerne the state of the Church but yet they haue not so inthralled themselues to the aduise and assent of Bb. as if no statute might be of force without them as the Bishops doe nowe to boldelie insinuate For many lawes haue bin made and do yet stande in force the Bb. being absent or vtterly refusing to assent vnto them as is expresly proued and shewed out of the statutes and Parliament rolles by Maister Iewell Maister Nâ—well Maister Fox Maister Bilson and Maister Lambert a learned lawier of Lincolns Inne Wherefore seeing the Bb. according to their dignities bee none of the three states of the Parliament or of the Bodie politike of the Realme no otherwise then common subiects be in which respect they are not diffamed it can not be taken that in this sence they bee members of hir Maiesties Body politike and therefore the diffaming of them doeth no more touch the Queene then the diffamation of a common subiect whicâ— fault is otherwise preuented then by the punishment due to felons The generalâ— Bodie politike of hir Maiestie is as I conceiue all the Officers and Magistrates of this lande who deriue all their authoritie either mediatelie or immediatelie from the Queene In which regarde the Bb. be members of hir bodie politike drawing from hir Highnes their ciuill authoritie and lordship For their ecclesiasticall authoritie hath bene heretofore deduced from hir Maiestie but I see that of late they begin to claime it from God as the Queene doeth hir Crowne But howsoeuer the Bishops claime their worldly state or spiritual primacie the
Seek of Reformation doe mainteine that their iurisdiction is contrary to the worde of God Not condemning externall honor which is good and godly in it selfe but misliking that it should be accepted by such persons as are disabled and made vncapable there of by the Scripture Thus much for better vnderstanding of this question To proceed 1 There must diuers things concurre to make bookes felonious by this statute First they must be written Aduiseâ—ly against the Queene that is of purpose wittingly not of simplicitie or ignorance Ignorantia factâ— excusat Ignorance of the fact excuseth the fault And therefore as the Prell dealt miâ—â—iouslie with Richard Carmicheill in Scotland in compelling him to burne his bill because in his dreame hee did crie out The Diuell take away the Priestes for they are a greedy packe so if any man in his sleepe or at vnwares shal cast forth diâ—â—amatory wordes against the Queene he is not within this statute Secondly the booke must be writen of malicious intent and as the preamble of the statute is by one ill affected to hir Maiestie and therefore if a man vse such a speach as Burder the Marchant did when he saide He would make his sonne the heire of the crowne meaning his house at the signe of the Crowne not intending any hurt to the King or Crowne of Englande he could not without great iniustice be drawne within this or the like statute Thirdlie the wordes must conteine false and seditious matter therefore if a man shoulde haue saide that the King William Rufus did wickedly who to geâ—t mony of the Iewes caused some coÌ„uerted to Christianity to returne to Iudaisme the fact beeing trew and words not seditious he could not iustly be punished by this or any like statute The Seekers of Reformation hâ—ue not neither doe write Aduisedlie to diffame the Queene for they name not hir Maiestie to any diâ—honor in any of their bookes If the contrary can be proued Currat lex let the offender be punished as he deserueth They onely seeke to haue as they thinke the corruption of the tâ—â—e redressed as â—he Prophetes the holy men of God haue done heretofore without â—â—tending anie dishonour to good Princes such as her Maiestyâ—s The Seek of Reformation write against ignoraunt and vnlearned ministers so the Prophet Esaâ—e liuing vnder the godly king did call the priestes that wanted knowledge Dumbe dogges such as can not barke The Seekers of Reformation write against such as be careles and negligent in feeding the soules that depende vpon them that take the fleece turne ouer the care of the flocke to other so Esaâ—e reprooueth the priestes of his time That lye and sleepe and delight in sleâ—ping And another Prophet taxeth them that did not Keepe the ordinaunces of holy thinges them selues but set other to take charge of the sanctuarie The Seekers of Reformation doe cry out against plurified persons that can not be content with a competent liuing but insatiablie by dispensations and qualifications doe ioine benefice to benefice and charge to charge rather to enriche them selues then benefite the Church against such men did Esaie complaine calling them Greedie dogges that can neuer haue inough euerie one of them looking to his owne waie and to his owne aduantage The Seekers of Reformation write against the ciuill authority and rule of Ministers So Ieremy in the dayes of Iosiah a vertuous Prince condemned Priestes For bearing rule The Seekers of Reformation write to haue the Church throughly purged of all remnants of popery idolatry So the spirit of God did note as a fault euen vnder most excellent Kings That the hâ—e places remained vnremoued All these and many other witnesses of the trueth did speake and write against the state of the Church in Iudah and were not I trust aduised deâ—famers of the Princes vnder whome these corruptions had gotten strength In like maner the writinges of the Seek of Reformation against such thinges as they verilie beleeue to be enormious corruptions can not iustly bee deemed aduisedly and of purpose diffamaâ—orie to hir Highnesse When persecution was most furious in Englande they that wrote most vehemently against the Bishops their proceedings contenanced by lawe were neuer accounted aduised diffamers of the Prince for then they should haue bene reputed and punished as traytours or rebells râ—ther then as sâ—ismatikes and heretikes Neither hath their bene in all the thirtie yeares of her Maiesties most flourishing raigne till within 2. or 3. yeares last part any such conclusion euer made though the same lawes in substance haue bene in force and occasion giuen of great extremity I am perswaded that vpon hearing the matter debated by learned I awiers on the part of the defendantes as lawe and reason would in this matter of difficulty that toucheth life that our reuerende Iudges would at the first make a quaere whether the aduised diâ—â—amation of the Bb. were an aduised diffamation of the Queene Therefore it may well come vnder the title of Newes that the Seekers of Reformation should resolue in a point of lawe wherein the best lawiers may stand in doubt â—f my father were a â— Bishop or a Noâ—resident and â— would write against the state of the Bb. or Nonresidence to make men conformable to the lawe of God it were adsurde to affirme that I did write of purpose and aduisedly to diffame my Father So in our case mutatis mutandis c. Neither doe the Seekers of Reformat write against the iurisdiction of Bb. of any hatred or Malice to the Queene For whosoeuer were King or Queene of England though it were Dauid him selfe they would vvrite to the same effect that they doe nowe It is not like that they malice her Maiesty for sauing the matters in variâ—nce no man can charge them with any shewe of disloyall behauiour They are instant for hir Maiesty in prayer both publike and priuate They detract no duety no imposition no taxe or subsidie as becommeth duetifull and louing subiests It was neuer heard that any one no not one of them did euer attempt any hurt to hir Royall person Search the Rolls looke the Recordes it will appeare that some oâ— them whom England while England indureth shall still with thankfulnes remember haue hazarded themselues asmuch for her Maiesties safety and Englands good as any subiect what soeuer When the Spaniards intended an inuasion the establishment of a forraine potentate in the Sea Royall and the conuersion of this lande into Aâ—eldama a fielde of bloude the Ministers that seeke Reformation gaue great assurance of their affection and loyalty to the Queenes maiesty and the seate They were importunate with the Lord by priuate and publike prayer fasting for the safety of her Royal person before the Bishops or their followers were seen to goe about any such matter And being interdicted by the Bishops such was their zeale to the
suâ—plication as before hee had mentioned to her maiesty that they vvould make aunswere that to deale in such a suite were to rebell to pull the Crowne off her Highnes head to make a faction to vvrest the scepter out of her Maiesties hande and to shake off all authoritie A wonderfull thing sayeth heâ— it is that humblie and duetifullie to entreate should in the English tongue signifie by vnbrideled force vnduetifullie to compell and that to seeke the remoouing of vnlawefull callinges out of the Church should bee to threaten that the lawefull Magistrate shoulde bee thrust out of the common vvealth Thus farre writeth this Martin explaning fullie that though it was like the Bb. woulde peruert and miâ—conster his wordes as if he meant to moue rebellion that yet notwithstanding he went about no other thing but to incline the magistrate by his owne authority to reforme all matters that were amisse That an hundred thousand hands would strike a great stroke in this suite hath no other sence then this that if her maiesty should vnderstand that an hundred thousand of her most louing and loyall subiectes should subscribe to such a petition it would greatly mooue her Highnes to accept the same This phrase is vsuall and knovven to an English man For we vse to saye the cause hath receyued a great blowe or a great stroke So D. Bridges writing against Lordship of Bb. sayeth that vos autem non sic striketh dead that is vtterlie ouerthroweth Lordly authorâ—tie in the Ministers A man by wresting of such speaches as this might make the best subiect in this Realme a very traytor if his writing and speaking were well obserued But let traitours be traitours and rebels be rebells and suffer as is due to traytours or rebells God forbid that a Tropologicall or Metaphoricall speach without intendement of anie harme should come within the compasse of treason or rebellion Touching the wordes of Franc. Iunius we desire D. Consins to take a little paines in shewing which Franc. Iunius he meaneth If he vnderstand Fraâ—ciscus Iunius the famous learned man who with Tremellius translated and of late hath reviewed the Bible who hath also writen a whole booke in defence of the Eldership and Discipline he doeth that worthie man exceeding wrong It can not be proued that euer he wrote any such thing But if he meane one who calleth him selfe Stephen Iunius in a booke against tyrants whom peraduenture it pleased D. Cosins of purpose to call Franc. Iunius that men might suppose a louer of the Eldership to be a fauourer of treason I aunswere that this Stephen Iunius doth not mention the Praesbyteries in all his booke And whether he doth approue any such Eldership it doeth not appeare or if hee helde anie such frensie as D. Cossins fasteneth vppon him the Seek of Reform doe disclaime him That many thousandes in Englande Desire the Discipline is true and the number doeth increase daily That great trouble would come of it if it were not admitted hath appeared For we see howe schismatikes doe trouble the Church and what endles writing is on both sides and all touching this Discipline that yet wanteth But what is here that carieth the countenance of any sedition or rebellion vnlesse D. Cosins thinketh there can bee no trouble but in rebellious and warlike order D. Bancroft not finding pregnent matter for his purpose at home to giue shewe that the Seekers of Reformation bee rebellious he maketh roade into Scotlande challenging those Churches as his friendes the Papistes had done before That the Scottishe Ministers who fauour Discipline haue abused their King preaching factions and seditious doctrine treading vpon his scepter imitating the papall iurisdiction labouring to establishe an ecclesiasticall tyrannie of an infinite iurisdiction putting the King in daunger of his life whereupon the King ouerthrewe their presbytertes and restored the Bishops to their places And galloping on the way in this order he making in effect that right noble Christian King hir Maiesties most neere friende and knisman a â—lat hypocrite grounding himselfe vppon a booke counterfait by the gracelesse Archbishop of S t Andrewes in the Kings name Wherevnto the King neuer assented as the Ministers can shewe by his Royall letters yet reserued in Edinborowe the wicked Prelate since that time hauing sought to be reconciled to the Ministers whome hee slaundered Which thing you may the rather beleeue if you consider that the King hath taken so good liking of the Ministers the Presbyteries that he hath made publike protestation to mainteine the fame while he liueth And to subiect the Nobilitie therevnto Likewise when the King reade D. Banc. booke and came to the pag 75. where the Doctor chargeth him to be an hypocrite or dissembler The King vppon the margent of the booke did write these wordes My speking vvriting and actions were and are euer one vvâ—tthout dissembling or bearing vp at any time what euer I thought Ergo Castes the libell ne quid asperius that is Therefore the Doctor sayeth vntruely that I vse no rougher wordes Signed thus I. R. that is Iacobus Rex Iames the King The same Doctor bringeth in some forraine authoures whom he saieth were fauoures of Discipline yet brochers of rebellious and straunge propositions These authours did write either against such as they accounted vsurpers or Princes by election popishe tyrants such as hated our religion they did not write aginst any protestant Prince neither in defence of the Disciplice but rather of the doctrine which is nowe mainteined in Englande As D Bancroft doth alleadge these authours to proue the Discipline to bee trayterous and rebellious so the papistes do alleadge the same meÌ„ to proue that the doctrine of the Protestantes is seditious The allegation doeth holde against both alike Our Religion doeth not depende vpon the opinions of one or two men Where one fauourer of the Eldership hath written trayterously I coulde produce fiue hundred who were mainteiners of the Hierarchie and ranke traytors Our English Bish. haue resisted rebelled and deposed many kings of England They haue most sawcilie abused the Nobilitie as might bee shewed I heare of none that either attempted or effected treason or rebellion against hir Maiesty but papists all such do approue the principâ—lity and iurisdiction of L1 Bb. Thus farre haue â— proued as I hope sufficientlie that it is not lawfull or agreeable to the trewe intent of this staâ—ute to iudge these writers for Reformation as diffamers of hir Maiestie or rebels and therefore that they ought not suffer as felons Some haue helde that though it be not consonant to the lawes of England that the Bishops should presse the othe ex officio as they vse to doe yet that it is expedient they shoulde continue their proceedings as they haue begunne if any in the same conceite should holde that albeit it is not lawfull to execute the Seekers of
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