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
ecclesiasticall lawes put in execution rather then to inforce such as be lesse profitable needfull For wâ—ether is it more requisite to the glorie of God and good of hir Maiestie and this Realme that Ministers shoulde Catechise their Pariâ—he that they should debarre notorious offendours from the Communion That Sabboth dayes shoulde be kept holy That Church Wardens and Ministers should admoniâ—he pâ—â—uatelie all euen the most Noble to leaue their faultes The Nonresidentes and fat beneficed persons shoulde relieue the poore at home studious scollers abroade That there should be twelue sermons yerelie in euerie parish through Englande Wales and Ireland That no Aduowsons should be graunted That the pernicious and detestable sinne of Nonresidence and Pluralities shoulde bee reformed and such good orders practised Is it not more requisite I sâ—â—e that these thinges should be looked vnto rather then the wearing of a surplesse Marying with a ring Christening with a crosse Subscription to an Article and such like Yet it is apparaunt to all men that Bishops their Officialles Deacons Doctoures and Fauoures are more curious in vrging and vsing the latter then the former yet both haue like authoritie from hir Maiestie and them selues I suppose the Bishops and their followers would be as vnwilling to execute the Queenes lawes and Iniunctions as any fauourers of reformation if they were vrged there vnto in earnest It is certaine that the Bb. can tollerate the neglect of all these and innumerable other dueties in one of their flatterers whereas if a mâ—n bee but suspected to mislike in hearte the Lordlie goueâ—nement of Bishops hee shâ—lbe sure to haue all extremitie shewed against him if hee oâ—â—ende but in the least ceremonie Yea greater seueritie shall be vsed for neglect of the least and most improfitable obseruation then for neglect of the most necesâ—arie and important O Englande Englande howe long wilt thou bee missed by those carnall wordlinges that haue their speciall care to adnance and inriche them selues and their posterity rather then to obey thy lawes or the lawes of thy God bee they neuer so holy so necessarie and godlie Who hath bewitched thee that thou canst not see that they bee more rebellious more sâ—hismaticall more disloyall and disobedient subiectes vvho acknowledge thy lawes to bee good and godly but doe despise them euen the greatest of them then they that yeelding to the greatest matters doe of conscience refuse such thinges as be least profitable and expedient in any Church O that hir Maâ—esty would appoint faithfull trewe christian and â—nglish-harted men indeede to examine these thinges to call the Bb. their Chaplens and Officers to account in these matters shee shoulde finde that they bâ—e of the most vnduetiful subiects in all the lande and they that be now least regarded would bee founde the most trustie most godly and obedient of all other My wordes will proue true in the daies of triall when these things shall be regarded and rewarded with indifferency and then Bishoppes assure your selues that the day of your desolation is at hande Howe long O Lord holie and trewe Reuel 6. 10. Come Lord Iesus come quickelie 22. 21. Certaine Questions or Interrogatories drawen by a fauourer of Reformation out of the former treatises and other writinges concerning Reformation wherein hee desireth to be resolued by the Prelates which the Printer hath thought good here to annexe QVaeâ—e whether the right honorable and chieâ—e â—ustice of England Sir Christopher Wraâ— Knight did not at th' examinâ—tion of H. Barrowe in the Bish of Londons pallace affirme that men should incurre no penaltie for opinions which they helde doubtinglie And whether a man may not without breach of lawe Diuine or Humane for his further satisfaction make quaerees and doubtes in speciall causes shewing withall the reason of his doubting affirming nothinge peremptorily or positiuely but submitting him selfe to sounde resolution If that be graunted why may not I be a Put-case say as followeth 2 Quaere whether the forme of praiers administration of the Sacramentes attire of Ministers and other Church-ceremonies in Englande doe more agree to the Apostolical primitiue order or to the vse of the Romiâ—h Church And whether popish orders be more seemely conuenient then the Apostolike 3 Quaere whether our rites and ceremonies taken from the papistes doe not giue them offence and harden them in their sinne seeing Harding doeth gather thereby that Poperie is not so ill as it is commonlie reputed And Bristowe saith That our religion and Communion were nothing worth vnlesse we borrowed from them their Masse-booke whether al indifferent things that giue ofâ—ence vnto the weake ought not by Paules doctrine be remoued from the church 4 Quaere whether the square Câ—ppe Surplesse and other monumentes of popery and idolatry condemned in generall by the Queenes Iniunctions Bishops Articles and publike doctrine of Englande and other Christian Churches misliked and wished to be abolished by Bullâ—ger Alasâ—o Bucer B. Pâ—â—kington and Bale derided by Bucer and Maister â—ox refused to be worne by Peter Martyr Bucer Hoâ—per Rogers Humfrey Philpot Bradfort Haddon Saunders as I haue credibly hearde whether the Surplesse called by Martyr monstrous apparell by Caluin Player-like apparell and vaine visardes by Bezâ— Insignes of the Baaltticall Priesthoode by B. Râ—â—ley foolish and abhominable too fond for a vice in a play by D. â—aâ—lor apish toyes and toyishe trumperie by D. Poinet a Porters weed at Billingsgate by the Bee-hiue of the Romish Church a smocke and long shirt by Bale pretie toyes by Becon Histâ—â—onicall seeâ—â—call and hick-scorneâ—like appâ—rell Whether I say this apparell thus accounted of by leâ—rned men the best iudges of decencie be decent comely for a preacher of the Gospell and whether things vncomely should not by Paules doctrine be abâ—ndoned the Church 5 Quaere If Maiors Iustices Stageplayers and others may not aswell be inforced to subscribe to the Biâ—â—ops three articles by the â—â—at of 1. â—liz cap. 1. as Ministers seeing the stat vrged by D. Bridges to that purpose doethreach to them aswell as Ministers 6 Quaere If the Bb. that appoint other prayers to be vsed in the Church besides the prayers in the Communion booke doe not oâ—â—ende against their owne articles and the statute of 1. Eli. c. 1. which inioinâ— that Ministers should vse the forme of publike prayer presâ—ribed in that books and no other IteÌ„ whether the Bb. thus oâ—â—ending against the stat ought not to deale more mercifully with the ministers who haue offended in like quality 7 Quaere whether the Marcionites did well who as Chrisostome vpon the words what doe they that are baptized for the dead reporteth when any of their Catechumeni or nouices in religion did die had wont to hide one vnder the bed where
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
should be sung in a â—laine tune likewise the Gospâ—ll and Epistle yet I haue not knowen this vsed in Cathedrall Churches 18 The names of Communicantes before they receiue should be signified to the Curaâ—e yet this is not regarded in most places 19 The Curat be he neuer so base shoulde not suffer notorious ill liuers such as haue wronged â—y by woorde or deede neither men out of charitie by they Earles Counseilloures or others to bee partakers of the Communion till they have declared them selues openlie to be repentant and reclaimed yet notorious lewde persons be admitted and men of state without exception are not hindred nor anie open consession of sinne is vsed by any offendour but whom the Officiall appointeth though the authours and confirmers of the coÌ„munion booke doe generally wish it 20 The Minister should vse the ornamentes appointed by King Edward yet not he alone but the Clearke also doeth vse a surplice in many churches 21 In Cathedral Collegi Churches the Communion should be ministred euery Sundâ—y at the least This is not practised The Aduertisement appointeth the first Sunday in euerie moneth But the Bishops Articles tie Ministers to vse the forme prescribed in the communion booke and no other 22 The Godfathers and Godmothers are commanded that they 1. shall call the children for whome they promise to heare sermons 2. They must prouide that they bee taught to learne all thinges necessarie for Christians 3. That they bee vertuouslie brought vp Which thinges al Godfathers and Godmothers might bee inâ—orced to doe for the lawe will not commaunde a thing without allowing a meane to â—ffect yet the Bishops doe neuerinforce this by ecclesiasticall censures thoughe infinite children doe for want of this helpe perishe in ignorance 23 bishops are commaunded to confirme children yet diuers Bb. doe not vse it albeit by lawe noe man shoulde receyue the Communion till hee were first confirmed A good plea for papistes to refuse the communion this confirmation would cause children to learne the principles of ReligioÌ„ for none should be confirmed till he could say the Lords praier Ten commandements and the short cacechisme 24 Curates of euery Parishe ought vppon sundaies and hâ—lidaies halfe an howre before euen-songe openlie instruct and examine childâ—en seruauntes and prentices in the Catechisme A profitable worke seldome or neuer vsed by the Bishops followers By the booke of Canons the Curate may examine any of what age or degree soeuer be they olde or younge noble or vnnoble The Bishops account it tyranny in some Ministers to expect or exact this thing 25 None must be admitted to the Communion that can not say the Catechisme Therefore â—urates should examine Communicantes and seclude them that be found wanting in knowledge but this is not regarded 26 Banes should be asked three seuerall Sundâ—yes in the open Church yet Biâ—hops dispence with asking banes Non obstants this booke confirmed by ParliameÌ„t as if a Bishop might dispence with penall Satutes Out of the booke of ordring Deacons c. 27 The partie presented to the Bb. should weare A plain Albe by the booke of ordering Ministers confirmed by Parliâ—ment yet this garment in not vsed 28 The Deacon by part of his office ought to searche for the sicke poore impotent of the 〈◊〉 and intimate their estates to the Curate c. But nowe the office of a Deacon is accounted meere spirituall 29 The Deacon must read the Gospell in the day of his Ordination putting on a Tunicle but â—his vesture is scarcely knowen at this day 30 The Bish. must tell the Minister at his Ordination That if his Church or anie member thereof doe take anie hurte by his negligence that a horrible punishment vvill ensue to him Hee chargeth him neuer to cease his labour care and diligence till hee haue done vvhat lyeth in him according to his duetie to bringe all that are committed to his charge that there bee no error in Religion or viciousnes in life left in them yet it is manifest that the Bb. Priestes and Chaplens are most negligent in their charge turning ouer their trauell to other vvhich they are charged here to performe in their owne perâ—on 31 The booke would haue them to giue themselues wholy to the ministeriâ—all vocation asmuch as lieth in them to apply themselus to that one thing to drawe all their care studies that waie to that ende yet they attende eiuiâ—â—ll offices and worldly affaires imperâ—â—nent to the charge here giuen to them 32 The Bish. chargeth and the Priest promiseth to Minâ—ster the discipline of Christ as the Lorde hath commaunded And as this Realme hath 〈◊〉 the same according to Gods commaundements not otherwise For the worde And noteth two distinct thinges in that clause where all Ministers are authorized to excommunicate as well as â—b for the Lorde hath commaunded this Discipline of Excom to all Ministers alike also they may admonish and suspenâ—e from the Lordes supper for this Realme hath receyued these cenâ—ures and giuen them to euerie Minister according to Gods commaundement in that behalfe yet the Bishops doe retaine the power of Excommuniâ— in their owne handes assigninge it to such as please theÌ„ most 33 The Bish. likewise chargeth and the priest promiseth to vse not onely publik but also priuate admonition and exhortations both to the sicke and to the whole within his cure yet their Chapleins and Doctors accompte their duetie discharged if some time they preach publikelie and neuer conferre priuâ—tely with their flocke in pointes of religion For Christ say they knewe not the persons and faces of his flocke neitheir is this expected of his Ministers both which bee vntrue 34 The booke at the ordination of euery Minister directeth the Bish. to say to the Minister Take thou authoritie to preache the vvorde of God and to Minister the holy Sacramentes in this Church In which wordes wee obserue 1. That the booke and Parliament which confirmed it doe intende that euerie Minister should be a Preacher This also may be proued by many other circumstances in this booke 2 A full licence authoritie is giuen to euerie Minister to preach therefore he may alwayes after this authoritie giuen aswell preache as minister the Sacramentes without a licence neither is it materiall that the Iniunctions or Aduertisements do will that a Minister shoulde haue a licence to preache for this booke of Ordering Ministers beeing authorized 8. Eliz. cap. 1. and 13. Eliz. cap. 12. In the Articles of Religion Artic. 36. doeth countermâ—unde the Iniunctions and Aduertisementes that went before 3. No Minister hath authoritie to preach out of any booke but Gods worde 4. The Ministers and Deacons should bee ordeined in the Congregation to which they are presented not in
that is to be ordeined and put a pastorall staffe into his hande If the Archbishops did not esteeme these as vaine ceremonies they would vrge them with as great vehemency vpon Bb. as they doe Surplesses vpon ministers 3 My L. of Canterb in his booke against Maister Cartw. sayeth That Chauncellours who are not Ministers should not excommunicate The authours of the Remonstrance and Matthewe Sâ—tcliffes bookes defenders of the Hierarchie by writing thinke it a most vnmeete thing that such as bee no ministers of the worde should meddle with the keies of the Church yet the contrary is daily vsed 4 The Bishop of London confesseth That he made his Porter minister and the other Bb. doe acknowledge That manie lewde and vnlearned ministers haue beene made of late in Englande which they will not seeme to defende Besides they say Wee haue yet but a tollerable manner of reformation all which doe euince a further reformation 5 D. Cosins one of the high Commissioners writeth That the punishment of Adulterie is to milde 6 A learned man and friend of the Bb. noteth as abuses Their vrging of Subscription Their oth ex officio Their excommunication for trifles and easie silencing of ministers 4 The suspicious and doubtfull handling of the controuersed matters imployeth some neede of reformation and conference 1 My L. of Cant. speaking of the maine controuersie touching gouernement By Seni. or Elders sayeth That hee knoweth that the primitiue Church had in euery Church certaine Seniors to whome the gouernement of the Congregation was committed In a booke against the Marprelate subscribed as I haue heard by the Archb. of Cant. the Bb. of Winch. Linc. London it is affirmed that the gouernement by Elders was vsed vnder the Lawe and practised vnder the Gospell by the Apostles though not fit for our times But repenting this plaine confession they haue caused certaine wordes importing the contrarie to be printed vpon a shred of paper which paper was pasted in all the bookes of the first impression to couer conceale their former assertion 2 The Remonstrance comming after holdeth there vvas neuer any gouernement by Elders in the Church but yeeldeth that if the Eldership begun in the Lawe and continued in the Gospell that then it shoulde stande to the worldes ende For somuch as is prescribed in the new lawe no prescription ought to bee made against it Vpon which crosse assertions laide one vppon another the aduerse partie may presse out the conclusion of all the controuersie If the Eldership begun in the Lawe and continued in the Gospell then no prescription may be made against it but it shoulde stande for euer So saith the Remonst But the Eldership begun in the Law and continued in the Gospell So say the Bb. Therefore no prescription may be made against the Eldership but it shoulde stande for euer 3 But one Matthewe Sutcliffe comming after these controlleth both for he protesteth there was neuer anie gouernment by Elders vnder the Gospell or if there were yet the gouernement vsed by the Apost is changeable not of necessitie to bee continued Not content herein to make the rent of our Church deeper then euer it was hee hath openlie in latine defaced forreine Churches of whom D. Whitgift and other haue alwayes written honorably that wee might not onely be at warre within our selues but with straungers also Whereby it is likely there will arise as daungerous trouble to the Churches about Discipline as hath growen by the question of Consubstantiation to the great offence of the common aduersarie and generall disquiet of all Christendome Touching the state of Bb. diuers who nowe most egerly defende when they were nearest to God that is in miserie anguishe of soule did speake against it but afterwarde inclining to the worlde with their conditions they altered their opinions 1 Maister Elmar nowe Bishop of London writeth thus Christ sayeth Luc. 1. 2. Who made me a Iudge betweene you As though hee woulde saie It belongeth not to my office to determine matters of pollicie and inheritance that belongeth to the ciuill Magistrate If hee had thought it had beene within the compasse of his function why and with what conscience refused bee to set them at one who were at strife and to put that out of doubt which was in sute If hee might doe it and woulde not hee lacked charitie and did not his duetie If it belonged not to him howe belonged it to anie of his Disciples or successours Had not bee as large a commissâ—on as he gaue Or coulde bee giue that he had not But hee knowing his office as the Prophete Esay had foretolde to preach the 〈◊〉 and woulde doe nothing without warrant And therefore being asked if hee were a King answered siâ—plie and by a plaine negatiue My kiâ—gdome is not of this worlde If his kingdome were not here neither the ordering of pollicies c. Yea when they woulde haue taken him vp to haue made him a King as one that refused that belonged not to him hee conueyed him-selfe from amonge them If Imperiall iurisdiction belonged to him why refused hee his calling If it did not where had Paul or any other anie authoritie to meddle with that which hee refused Seeing hee sayeth As my Father sent mee so sende I you In another place Christ knowinge the bondes of his calling woulde not medle with externe pollicie c. Diuines methinkes by this example shoulde not giue them-selues too much the bridle and too large a scope to meddle too farre with matters of pollicie If these two offices I meane ecclesiasticall and ciuill bee so â—umbled in both functions there can bee no quiet or well ordered common wealth And againe Princes of the Nations doe heare rule like Lords it shall not bee so with you It falleth not into an Apostles or Church-mans office to meddle with such matters For none going to warre intangleth him selfe with the affaires of this life it is enough for them to waite vpon one office to attende as sole priestes not as errant Baylliffes And elswhere Come off yee Bishops away with your superfluities yeelde vp your thousandes bee content with hundreds as they bee in other reformed Churches where there be as great learned men as you are Let your portion bee priestlike and not Princelike Let the Queene haue the rest of your temporalities to mainetaine warres and to builde schooles throughout the Realme that euerie parishe Church may haue his Preacher euery Citie hir Superintendent to liue not pompeouslie Which will neuer bee vnless your landes bee dispersed and bestowed vpon manie which nowe feede and fat but one Remember that Abâ—nelech when Dauid in his banishment woulde haue dined with him kept such hospitalitie that hee had no breade to giue him but the Shewbâ—ead Where was all his superfluitie to keepe your pretended
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
the Bishops Chappell else the book would not say Take authoritie to preach in this Congregation For it can not be imâ—gined that all the Priestes which a Bishop maketh haue authoritie to preach or exercise their office in the Bish. Chappell when they list Yet notwithstanding the authority of this booke the Bb. admit ministers who be no Preachers whereas this book and their owne authoritie by Lawe Artic Cler. cap. 13. might aunswere any Quare impedit if they would refuse a Clearke for non abilitie of preaching Also notwithstanding this booke to get mony for if that bee not their purpose let them doe it gratis but then they would not stick at it they compell men beeing ordered after this book to take new licences to preach not beeing contented when they shewe them their letters of orders which the Bishops at their pleasure vpon a supposed misdemeanor doe vse to take from them Furthermore sundrie of the Prelates doe preache and take their texts out of the Apocripha wherein they goe beyonde their commission vnlesse the Apocripha be a parte of the scripture as one of the Bishops doeth intitle it Lastly notwithstanding the intent of this booke they ordeine Ministers at large in nubibus without a cure they neuer ordeyne them in the Congregration to which they are presented that the people of the Church who are likelie to be most inquisitiue into his conuersation that â—halbe their Pastor might except against them for the Bb. willeth the people present to speake if they knew any impediment or crime in the person presented that may hinder him from the ministery Which by all likelihoode can not be meant of a people of a stâ—aunge parish nor of the Bishops family vnlesse the Bish. famely be like the knights of the post in Westminster who know al men their conditions lands and estates though they neuer saw or heard of them before 35 All the Bishops that be present at the consecration of Bishops should we are Coapes and Surplesses hauing their Pastorâ—ll Staues in their handes they reteâ—ne the Surplesse seldome the Coapes but they neuer vse their Pastorall Staues Out of the Queenes Iniunctions 36 By the Queenes Iniunctions which should be executed in all her Highnes Realmes and Dominions all ecclesiasâ—icall persons hauâ—â—g cure of soules ought to preach in their church and 〈◊〉 other cure they haue one sâ—imon euery moneth And in their owne person they should preach once euery quarter or else read an Homely so that in euery parishâ—â— England Ireland Wales there should haue bin twelue sermos preached euery yeare either by the Minister or his deputy as it is expounded and the minister in proper person should haue preached foure sermons or read foure Homilies euery yeare since her Maiesty began hir raigne yet there bee many hundred churches within theese Dominions especially in Wales Irelande the Northen Western partes that haue scarcely had twelue sermons in twelue yeares and there be many persons that cry formality that come not twise in a yeare at their charge to benefite the people by any duty 38 Erasmus Paraphrases should bee had in all Churches yet the Bishops wilbe more carefull to enquire if euery parish haue a suâ—plesse rather then to enjoyne any booke learning 38 Ecclesiastical persons should not play at dice cardes tables or any other vnlawful game but vse some other honest exercise as shooting but the Bb. chaplens and followers that pretend most obedience to the Queenes lawes doe more offende in these matters then any other Ministers 39 All Nonresidents which may dispende aboue twentie pound yearly ought to distribute the 40. part of their liuing to the poore of the parish but this is lightly regarded of the most as I suppose 40 Whosoeuer Parson Vicar c. may dispend in ecclesiasticall promotions aboue 100. pounde yearely should giue for euery 100. pound three pounds six sâ—illings and viij pence yearely to so many poore schollers in the Vniuersitie or Grammer schooles as he hath hundred poundes that hauing profited in learning they might bee made partners of their Patrons cure and otherwise be imployed for the good of the common wealth The Bishops doe not inioyne their Chapleins their Deanes and Doctours to subscribe to this article though if this one article had beene obserued by our formall Prelates who be accompted the onely obedient subiectes as it should haue bene and yet bee if our Bishops and regarde the Queenes orders there would haue growed and hereafter growe more profite hereby to the Church state vnder hir Maiesty then hath ensued by all episcopall subscription for these huÌ„dred yeares Marke Bish. it is your fault that learning decayeth and that there wanteth a continuall supply of learned Ministers If this Article had bene performed there might haue bene relieued yearely euer since her Maiest came to the Crown aboue 1000. poore schollers who for want of maintenance haue applyed her time trauell to other matters Blush at your negligence herein 41 The Queenes Iniunctions ought to be read in the Churches openlie once euery quarter But this were no wisedome for then the people would expect many things at the Bishops and their Pâ—â—estes handes that are not conuenient to be knowen of the common sort 42 The holidaies should be spent in hearing Gods word in priuate and publike prayers in reconciliation of enemies receyuing the Sacramentes and visiting the poore vsing all sobernes and godly conuersation yet the Bb. themselues and their Priests who should be ensamples to the flocke bestow these daies prophanely at bowles hearing Commedies and Tragedies c. Which be farre from the dueties both here in the scriptures commaunded 43 All superstitious pictures paintings in walles and glasse windowes should be abolished out of Churches and houses yet many Church-windowes bee full of such pictures and as I heare the Bb. be not without such paintings in their Chambers 44 The Wiues of Ministers and Deacons should be allowed by the ordinarie and two Iustices of peace Many foreward Chapleins regard not this 45 All Cleargie people should weare their habits sqare cappes c. and noâ— hattes in iourneying yet there bee a number of the Bishops Priestes that breake this order as well as the Ministers that seeke reformation 46 The Iniunctions allow a man to be absent from common prayer at his owne parish Church and to resort to another in the same Towne to heare a sermon yet the Bishops and their Oâ—â—iciâ—lles punishemen in such cases vnlesse they will giue them a Marke or such like see for a licence of absence 47 Where Musicke is vsed in churches it should bee in such a distinct modest song that the same might be plainlie vnderstood as if it were read without singing But the curiosity of Cathedrall churches doth disdaine this simplicity 48 None
the maior saniorque pars polloâ— kagathoi did not condemne the practises of the Prelates as repugnant to lawe 26 Quaere if these Iudges that haue onely commission to deale in causes which by Ecclesiasticall authoriâ—ie may bee ordred may cite men ex officio to take an othe before them to accuse them selues in matter neither Testaâ—entarie nor Matrimoniall Item vvhether such ecclesiasticall Iudges may by vertue of the stâ—tute whereupon their commission is grounded commit the Queenes naturall subiestes to prison espeally for refusing to take the oth ex officio beeing ministred in causes neither Matrimoniall or Testamentarie â—tem whether they ought to commit any of the Queenes subiectes to prison when he tendreth sufficient baile or â—â—ertie especiallie in cases where baile and mainprise is not taken away by anie statute Item whether if any in such case be committed the Writt Dâ— homine replegiandâ— doeth not ly Item what satisfaction D. Cosins D. Bancroft D. Stanop and others hauing onely commission in matters to be ordered by Ecclesiasticall power ought to make hir Maiesty free and louinge subiectes who haue ex officio bene cited by them to take an othe in cases neither Matrimoniall nor Testamentarie and refusing to take that othe haue bene committed by great multitudes to prison without baile or mainprise in cases not debarred from baile by any statute Item whether may they keepe such persons by them committed in prison monethes and yeares without calling them to aunswere or accusing them of any crime Item whether for this dealing they doe not deserue to smell of the like punishment themselues 27 Quaere whether any Ecclesiasticall Iudge hath conuented examined and committed any for matters felonious touching the Queenes Crowne dignitie whether these practises do not instanter instantius instantissime craue the Prâ—munire 28 Quaere Whether Sir Iohn Markham chiefe Iustice of Englande did not tell King Edwarde the 4. that hee might not arrest any man for suspicion of treason or felonie as any of his subiects might because that if he did any man wronge the party might haue no actioÌ„ against him And if the King by imprisoning a man may do him wrong much more may any subiect and therefore good remedy may be had against him for so doing 29 Quaere Whether it be not lesse danger to blaspheme the blessed Name of the great God then to speake against a L. Bishop Item whether â—oe â—inisters haue bene depriued within these seauen yeares for ceremonies of men then for drunkenesse whoredome and other breaches of the lawe of God 30 Quaere Why the Ministers may not refuse to weare a Surplesâ—e as a Bishop to vse a Pastoral staff seeing the lawes inforce them both alike 31 Quaere whether the Seek of Reformation bee not indaungered of their life and withhelde from their liberty on lie for their religion and conscience in matters of Discipline proâ—essed by forraine Christian Churches yea and authorized in Englande seeing notwithstanding all 〈◊〉 of dâ—ffaming hir Maiesty or raâ—â—ing Rebellion their life and libertie is daiely offered to them by the Bishops if they will renounce and recant their opinions And whether 〈◊〉 the popishe peâ—secuting â— b in â—nglande at any time heretofore executed any man that agreed with them in their fâ—ith and 〈◊〉 onely because he differed from them in matters of externall forme ceremonie or circumstance as our â—b doe attempte by all indeuâ—ur 32 Quaere whether he that publisheth bookes with long premeditation fore-consideration doeth publish the same with a Malicious intent seeing fewe men deale in any action of importance but with great deliberation though it falleth out often that they labour against the trueth and yet are not adiudged Malicious persons And if a Councelour or Seâ—ieant doeth often by long aduise argue against the trueth and yet without Malice howe doeth a prepensed and long intended purpose proue a Malice in the Authour of Demonstration or any other writer 33 Quaere whether the Bishops and their Officialles doe not oftentimes in their Courts sentence iudge and rule cauâ—es contrarie to the customarie and common lawes of Englande aswell as against the Statutes in matters of Diffamation Testaments such like And whether a Prohibitâ—o shoulde not proceed against them if they determine any case against the common lawes customes and statutes of this Realme seing the statute of 25. H. 8. cap. 19 doth establish such spirituall lawes onely as are not repugnant to the Lawes Customes and Statutes of Englande 34 Quaere By what authoritie the Bishops do practise put in execution the Popish and Ciuill Lawes in their Courtes seeing the statute of 1 Eliz cap. 1. doeth banishe out of this Realme all forreine authoritie And seeing the statutes of 25. H. 8. cap. 19. 1. Eliz. cap. 1. doe onely respect and authorize the Canons Constitutions c. Prouinciall and Synodall vvhich haue bene made heretofore within this Realme of Englande And whether the Bb. for doing thus be not in the Premunire or at least imprisonable and finable at hir Maiesties pleasure 35 Quaere Whether they incroache more vppon the ciuill Magistrate that in their Courtes deale with Willes Tithes Mariages c. That excommunicate for mony â—hat disable men by their excommunications to sue any accusations in their owne right That make dispensations to their Soueraine vnder their hande and seale That be Barons of the Realme â—ustices of peace And punish by fine imprisonment losse of limme and 〈◊〉 as the Bishops doe or they that onely admonishe suspende and excommunicate and proceede no whit at all any further as the Eldershâ—p doth would doe 36 Quaere if Moses vnder the lawe and Timothie and others vnder the Gospell needed to haue a forme of gouuerning the Church prescribed to them by the Lorde whether it be likely that the Lorde woulde commit the Church to M. Whitgift M. Cooper M. Bancroft and others to frame a gouernment for it at their pleasures 37 Quaere if Iohn a Stile should graunt there vvas a gouuernement by Elders in the primitiue Apostolicall and best Church and should call the same gouernement a popedome and tyranâ—y whether this did not ranckly smell of detestable atheisme 38 Quaere whether the Churches in Scotlande France the lowe Countries Hungarie Polelande Bohemiâ— Saxonâ—e Heluetâ—a And the County Palatine of Rhene and vvhether Zumglâ—us Occolampadâ—us Melancthon Bucer Caluin Zanchius Martyr and infinite other the most excellent Diuines in all the worlde commending the continuance of the Eldership be all Anabaptistes Puritanes rebells traytours mare-states mar-lawes mar-princes and mar-alls and Doctor Bancrofte Matthewe Sutcliffe c. the onely good subiectes in all the worlde 38 Quaere whether the Kinges of France and Scotlaâ—de the Princes of Condy and Orange the Duke of Saxonie the Countie Palatine of Rhene the States of the lowe Countries manie other Dukes Princes Marquesses Earles Barons and