or any other offend it doeth decree them to be punished if they be caught Neither haue they wrong that are depriued of their ecclesiasticall liuings for their first offence in deprauing the Communion booke For the statute doeth not onely authorize ciuile Iudges to proceede ciuillie but also ecclesiasticall Iudges to proceede to depriuation according to ecclesiasticall lawes But this companion either did not reade the statute or would not report it for then his falshood should haue appeared and his calumniation in leauing a prouiso out of the statute should haue bene reproued Concerning the Communion booke I say it is not materiall what either Bristowe or this Put-case saith of it being both enemies of the state and lying without reason and conscience The puritans haue gone about to reforme it but their new booke is such as they may be greatly ashamed of it being full of false doctrine and fauouring a fond and loose gouernement and fraught with most vaine discourses and verball speeches Quaere Putcase Quest 21. whether adulterie is to be punished by the Ordinarie seeing the punishmēt thereof without any sauing to the spiritual court is giuen by statute to Iustices of peace and whether a man may be punished by two corporall or pecuniarie punishments in two seuerall Courtes for one and the same cause The put-case tryeth himselfe to be a very proper fellow Answere to become a procter speaker in the behalfe of adulterers fornicators Percase it concerneth him neerer then I am aware of but let him against the next time vnderstand the case better that he speaketh in For it is a shame for a procter in these cases not to vnderstand the difference betwixt adulterie fornicatiō and also to say that the lawe giueth the punishement of adultery to Iustices only for in that statute there is not so much as mentiō of adulterie but of bastardy And how bastards may be gottē in lawful wedlocke he wil hardly define considering the Common law which saieth that all children borne in matrimonie the husband being Intra quatuor maria are lawfull For my part so that adulterie and fomication bee punished seuerely I doe not care That the statute doeth not hinder the ecclesiastical Iudges proceeding it is euident for that there is no clause to annull his course neither is it the intendement of the statute to fauour such lewde persons But saith he it is no reason that one should be punished both in the ecclesiasticall ciuill courts for one fault wherein he doth not only contrarie vs but Th. Cartwright also who giueth the cognition of felonies and treasons to his newe consistorie and would haue offenders herein to acknowldge their faultes there also which is directlie contrarie to the statute lawes To answere his question I deny that offenders which are for incontinencie cōuented are twise punished for one fault for both the Ecclesiasticall and ciuile court make vp their full punishment Neither doe they against lawe that for reasonable causes the partie consenting do commute the penance This I wot if the ecclesiastical Iudges would deale as some Iustices of peace haue done in this case that fornication such matters should for the most part passe without examination or controlement Quaere if any Ordinaries haue contriued promulgued Putcase Quest 22. and published Articles in his own name without assent of her maiestic vnder seale and inforced her highnes subiectes to subscribe vnto the same and for not subscribing haue suspended or depriued them whether an Ordinarie thus doing 25. H. 8. c. 19. 1. Eliz. c. 1. may not be imprisoned and fined at the Queenes pleasure If the Put-case would haue made any inquirie Answere whether Th. Cartwright his fellowes haue offended against the statute prohibiting the making of ecclesiasticall Canons hee might haue found it out easily For the acts are euery where extant their doings knowen And yet are they not fined nor al of them imprisoned for it Neither do the ecclesiasticall Ordinaries refuse to bee punished if they can bee conuicted of any such notorious offence The subscriptions which haue bene required were no newe lawes as these fellowes conceaue but confirmations and allowances of the olde yet nothing hath bin herein done but by allowance As for the proceedinges vsed against the Consistorialls they haue bene most milde and gentle not for denyall of subscription as this man pretendeth but for other factious seditious and lewde behauiour obiected to them and remayning in record whose cause let him moue as oft as he will yet shall he neuer haue honor by it Quaere Putcase Quest 23.24 25. whether an Ordinarie may cite a man to appeare before him in his court to depose as witnesse c. Item whether a man shall be examined by othe of any thing that soundeth to his reproch c. Item whether if an Ordinary cite men Ex officio to sweare to accuse themselues in causes neither Matrimoniall nor Testamentary a prohibition wil lie against him or not Item whether the cause depending in the Starre chamber the Ecclesiastiall Iudges shoulde not cease their proceedings And last of all whether the Iudges and wisest lawyers doe not condemne the proceedings of prelates To most of this I haue already spoken Answere and doubt not but therby there appeareth neither reasō nor honestie nor law nor ought else saue malice in this demaundants questions Yet thus much I answere further First that if the Iudge could not call witnesses before him there would bee no triall nor proofe in matters of doubt Secondly that in diuers criminall causes both Gods lawes and the lawes of this realme doe require that the partie answere vpon his othe Thirdly that there lyeth no prohibition for that the Ordinarie dealeth in causes orderly and according to warrant of lawe Neither is it reason that the Ecclesiasticall Iudges should cease doing of iustice against all the perturbers of this Church because there was sometimes one matter depending in the Starre-chamber against some fewe of them For where the ecclesiasticall Iudge is prohibited to proceede in one cause yet doth he notwithstanding proceede in others of like nature concerning other parties Much rather then ought they to proceede not being prohibited and in cases that are diuerse especially now that the cotumacious dealing of the Puritans is by the iudgement of the reuerend Iudges and most sufficient lawers in England condemned and the cause now dismissed the courte and diuers consultations brought after prohibitions graunted out of some courts in that cause Neither doe I thinke that either maister Cooke a man too learned not to knowe and two wise to fauour such perturbers of the state as the seare or any Iudge or learned lawyer wil condemne the proceedings of ecclesiasticall courtes in these cases as being contrary to lawe The writte in the Register which seemeth to giue leaue to Ordinaries to sweare men in causes Testamentarie and Matrimoniall is proued to be miscōstrued
recreate my selfe with this more easie labour and to answere their cauils at our proceedings in law together with such authorities as they bring for the proofe of their consistorie to the finall discouerie of their vnbrideled malice that all seeing the nakednesse of their cause may ioyne together to extirpate the reliques of those that haue bene causers of these stirres Against this my purpose I doe vnderstand that diuers exceptions are taken First those that fauour the consistoriall discipline doe say I withstand a noble worke of reformation and therefore cannot like of my doings but vnto these this whole treatise shall make answere for thereby it shall appeare that their whole course tendeth rather to confusion and disorder of Church and state then to reformation of eyther and therefore seeing they doe declare themselues open enemies both vnto the present state and to me in this cause I doe not regard what they like or dislike no doubt but that open enemies will like that best which for the State is worst and greatly prayse that which tendeth to the hurt thereof Others there are that condemne all those discourses that are written of both sides concerning this argument which albeit they would seeme to be friendes yet in deede are enemies as well as the other For no more is he an enemie that oppugneth vs in plaine fielde then hee that trecherously seeketh to discourage such as are forwarde in mainteining the State at home and albeit they would colour their malice with pretence of detestation of contention among friendes yet doe they vs wrong to accompt them that oppugne the state friendes or attribute the cause of contention to vs that onely defend the State against contentious and malcontent persons such as would ruinate the same for not those that defend but those that begin the braule are contentious Were it not thinke you a ridiculous thing for a man to say that valiant men that fight for their countrey are contentious and a poynt of trecherie to discourage them why then should not the like bee thought of those that condemne them that write in defence of the present gouernment of religion and learning in like degree as if they had writ against the same These men are sorie that any should stop the breach against such as seeke to enter to make spoyle and therefore as secret enemies or weake persons that neither vnderstand matters of State nor reason are to be contemned if not reproued A last sort there is that percase mislike the sharpenesse of my stile but they must consider that in this discourse I deale not against men of learning or grauitie or such as desire to learne or finde out trueth but against ignorant wilfull and seditious Libellers that seeke partly by falshood and partly by disgrace of some bad persons vnworthy of their places to discredite the whole ecclesiastical state against whom no sharpenesse of stile can be sufficient but I did respect rather what became me to speake then what they deserued to heare This discourse I present to your Lordship a man well acquainted with the humors of the men and weakenesse of their cause a Iudge most skilfull in law Vnto whom should wee seeke for resolution in law and redresse of wrong rather then to him that beareth so honourable a charge in matters of Iustice vnder your name I would it should come to the handes and viewe of all other reuerend Iudges learned Lawyers and well affected subiectes Wee desire nothing more then that matters may bee examined according to iustice and doubt not but if that may be obtayned that the controuersie will bee ended and the calumnious mouthes of factious persons stopped for seeing the platformers haue neither support of trueth nor law what man will doubt but that they are to be repressed aswell by Iustice as by disputation and discourse That is the meanes to ende all our complaynts the remedie of our common griefes if the perturbers of our State at home were first calmed I would not doubt but forrein aduersaries would soone be danted and the mindes of friendes vnited to the ioy of all that loue the trueth of Gods religion and seeke the long continuance of her Maiesties peaceable reigne and the florishing state of the Church Accept therefore I beseech you my good Lord this my good will which I testifie vnto you in this Treatise Due it is to you being so forwarde and vpright in matters of Iustice and was expected at my handes being specially touched in the petition which I answere I make your Lordship and all the learned yea all indifferent men iudges Iudge therefore according to iustice and trueth There is no reason I should require fauour in this cause further then my simple skill and vnsufficient handling of matters for want of time and being oppressed with other businesse shall require fauour The Lord send peace to his Church and heape vpon you and all others that loue his trueth all heauenly graces that by your meanes enioying the benefites of true religion iustice and peace wee may consent in one trueth and ioyntly in his holy Church glorifie Christ Iesus the Prince of peace In London the 20 of December Your Lordships in all duetie and heartie affection MATHEVV SVTCLIFFE The Preface wherein both the argument of the discourse ensuing is deliuered and certaine generall faults of the petition touched I Had once well hoped that eyther the authoritie of the Magistrate could haue commanded or the terrour of the common enemie that so violently doth assayle the whole Church at this time would haue enforced the contentious to make an ende of their braules and if neither reuerence of superiors nor respect of common profit could put them to silence yet did I imagine seeing they haue nothing to say that discretion and common sense would make them to hold their peace how much my expectation was deceiued this petition which I haue here vndertaken to answere doth declare for without respect to lawes or common profite yea or common reason the author thereof hath put forth himselfe to speake a man as you shal see without reuerence to superiours or conscience in reporting of lawes or iudgementin matters diuine or humane and most vnable to speake or write in this or other argument To goe no further this his petition shall make proofe of my words for neither is there art in his stile nor witte or sharpenesse in his arguments nor is there any decencie obserued in the discourse nor doth the treatise agree with the title nor the parts thereof with themselues the stile is like Iohn Bels song of Couentrie the sentences hang together like lenten deames first he kneeleth on his knee then asketh pardon afterward telleth of all good subiects how they desire peace and yet notwithstanding he telleth of many that increase contention then he talketh of writing of bookes of generall counsels and a newe kind of disputing by writing matters that neyther haue coherence among themselues
established doth not follow Wherefore vnlesse the author his partakers haue better supply of reasons then he hath brought here there is no cause he should desire conference or disputation If he desire to shew his skil in writing why doth he not take those bookes that haue bene written in this argument in hand and confute thē frō point to point why doth not T. Cartw. answere in the defence of his consistorie If he say that imprisonment hath hitherto bene an hinderance vnto him yet will not that excuse serue the rest that were neuer in prison why doe not W. Tr. Will. Ch. D. Sp. and others confirme their demonstrations of discipline wherein all their reasons stand confuted hauing so much worke to doe why shoulde he desire more belike this petition was made to bragge men downe but if he thinke he can do it he deceiueth himselfe for as farre as her Maiestie and lawes will permit they shall find a number readie in all sortes to encounter them but the libellers meaning is not to dispute as I thinke for no man hath worse grace in disputing nor more simple facultie in writing by hiding his head he seemeth rather to be ready to flye then fight his talke therefore of aduised writings is idle for both T. Cartw. and he hath written many things vnaduisedly and both flye the hammering of their cause only his purpose is to slander the state by libels to lurke in corners to haue all ecclesiasticall lawes and gouernement left without defence so that euery man might speake against them without eyther feare of punishment or controlment which neyther is good nor commendable for it would be most absurde if 3 or 4 difformed platformers should be suffered to dispute in schooles that her Maiesties authoritie is vnlawfull that our lawes and gouernement is wicked that the state is to be changed As for the course that Doctor Rainolaes vsed against Hart it was lawfull he being thereto authorised percase fitting for him might better be suffred being in poynts of religion resolued then in gouernement doubted of yet was it long and without effect but this course of priuate conference by writing which the libeller desireth in this cause is leude being against her Maiestie the lawes and state it would bee a way to rebellion it would make more contention it would bee infinite tedious and to no purpose the godly and Christian Emperors of Rome were of a contrary mind to this libeller for in diuerse expresse lawes they vpon great penalties forbid any to call in question the confession of faith of the Church 1 Cod. de sum trinit fid cath forbidding vt nemode capublicè contendere audeat neither doth the 2 Admonit de de lib. concord author of the admonition to the Churches of Saxonye allowe any such course as the libeller desireth nay his desire is that matters may bee discussed in some synode of learned men what shame then is it to deuise leude meanes to trouble the Church and falsly to impute them to those that neuer vsed them nor thought them conuenient the libeller therefore may do well hereafter to leaue to the wisedome of her Maiestie and the rest of the gouernors of the Church common wealth the composing of matters which is best wrought by good lawes and sharpe punishment that such as will not be answered with reason may like dizards bee corrected with rods wherein if he thinke himselfe dealt withall vniustly let him come forth when he will eyther in aduised or vnaduised writing his cause shal be prooued wicked and his consortes facts auowed punishable CAP. II. That there neuer was any gouernment by Church aldermen or supposed Ecclesiasticall Consistorie eyther vnder the lawe or in the Apostles times or after nor can without great iniurie to the Church of England to the Magistrates and others be admitted ALthough this positiō hath bene so fully 1 In the booke de presbyterio proued that neither T. Cartw. nor his schollers nor the whole packe of our aduersaries haue as yet made answere yet because the booke where the discourse is cōteined is in latine which percase thou vnderstandest not the argumēts lie dispersed so that without difficulty they cannot be gathered I wil here make a briefe of thē So shalt thou see what a cleare trueth this wise disputer thinketh to batter with vaine shew of mens opinions and be better resolued of the notorious vanitie of the consistoriall discipline That the Iewes had no meere ecclesiasticall consistory distinct frō the benches that handled ciuil causes these reasons may ascerteine vs. First there is no place of scripture where the institution of it may be found Those iudges that are mentioned Exod. 18 Deut. 17 are of an other sort for they heard all ciuil causes yea causes of blood inflicted ciuil punishmēts vpon offenders Those that are founde in the 11 of Numbers were of the princes counsel And other sorts of Collegiat Elders and Iudges are none found Let them shew them if they can the place of Leuiticus toucheth onely priestes in particuler and matters concerning their only office Further there appeareth no cōmission to haue bene giuē to any bēch of Iudges to determine ecclesiastical causes seuerally neither are there any lawes prescribed in Gods word to direct them by so that if any Iudged in such causes they proceeded both without authority and also direction which were very absurd to thinke for if God had appointed any such order of Iudges hee would no doubt haue giuen them authoritie and directions There appeareth not the lest step of any act of any such eccle siastical cōsistory through the whole scriptures or stories of the Iewes there is no memory found of thē in the time of Moses nothing vnder the iudges or kings or in the decay of the Iewish state not so much as the Sanedrin that condēned Christ to death is any precedent of the ecclesiastical cōsistorie whatsoeuer Beza can say to the cōtrary for it was the only remainder of the Iewish pollicy succeeded in the place of the counsell Numbers 11 and of the Iudges appointed Deut. 17 as is apparent by examination of the authority and acts of it All that authority which this ecclesiastical consistory is supposed to haue was either in thepriests or princes The princes in the time of Moses of the iudges kings made lawes and gaue souereign directiōs The priests iudged of things cleane vncleane executed caused al ecclesiasticall orders to be obserued 2. Chron. 19. exod 18. The priests Leuites appointed by the prince iudged of right wrong consecrated others to the functions of priesthood where was thē the ecclesiastical chimerical consistory all this while or how could it be supposed that others would encroch vpō the priestsoffice being debarred by Gods law not being mentioned in scripture or histories Neither are the ecclesiastical consistories commended for wel doing
Iudges and their sentence pronounced against Vdal but also to maintaine and iustifie their vpright and good dealing therein It may seeme strange that lawe should not haue strength sufficient to defend it selfe against the malice of these men But seeing the vigour thereof is either dulled or abated and men suffered to declaime against Iudges lawes let vs assay whether with reason argument we can defend lawe A matter albeit hard where the readers are such as repugne against lawe and are led forth without reason yet very easie to be effected where those that shall iudge vnderstand both lawe and reason vpon confidence therefore of indifferent discrete and wise mens iudgement I commend this chapter folowing to thy reading CAP. 3. That the proceeding against Iohn Vdall was iust and lawful and that the plat formers are iustly charged with breach of diuers lawes and guiltie of faction sedition and diuers other crimes notwithstanding the exceptions in that behalfe brought by the petitioner or others against the lawes and Iudges I Would not haue thought that any had bene so lewde as publikely to condemne Iudges of iniustice or so foolish as to oppose themselues against the execution of iustice had not this lewde libell declared the platformers to be of a strange humor and malcontent both with Iudges and lawes By these I doe see that it sorteth wel that men that desire innouation shoulde speake against lawes that such as doe liue in disorder and are voyde of reason should speake against Iustice reason Iohn Vdall a man vtterly vnlearned and very factious was as you haue heard condemned vpon the statute of 23 Eliz. 2 And for diuers other disorders mentioned in the inditement That it was iustly equally done the greatnes of the offence being faction and sedition the sincere and vpright dealing of those honorable persons that then were Iudges the allowance of others the most reuerend and learned Iudges in the land resoluing on the case the indifferencie of the Iurie the clemencie of her Maiesties gouernement the witnesses and proofes the fauour offered to the prisoner the obstinacie of the partie the testimonie of all that was present can declare Against all these a certaine quidam libeller lately distracted of his wittes and yet not well recouered taketh on him to argue boldly malapertly yea very loosely and foolishly But his malapert saucie dealing I leaue to gouernours to be considered his loose and foolish dispute I doubt not to make manifest to all that shall reade this discourse His first exception against the sentence pronounced against Vdal is For that he diffamed not her Maiestie which the law prouided for but Bishops that are no parte of her Maiesties body politike nor any of the three estates of this realme wherein he doeth not onely deny thinges true and affirme things false but also talke of lawe like a stranger ignorant in lawe and alledge an impertinent and not concludent matter That he diffamed her Maiestie appeared at the time of his triall by his writings and out of his seditious sermons and speeches proued by diuers witnesses and cannot now be called in question seing he that speaketh against her Maiesties supreme gouernement in ecclesiasticall causes her lawes her proceedings and all those ecclesiasticall officers which rule vnder her as Iohn Vdall and his felowes vse to doe diffameth her Maiestie yea and that much more then if he should touch her priuate person for that concerneth her gouernement and therein is she touched especially as a prince and her princely authoritie maiestie disgraced And therefore seeing that is the common case of all the puritane faction all they that write for their pure gouernement against this state are diffamers of her Maiesties princely dignitie Secondly hee denieth the Bishops to be one of the three estates of Parliament and the Cleargie to be one of the three estates of the Realme contrarie to the reckonning of this Realme and common speach and actes of parliament whose common stile is the Lordes spirituall and temporall and commons of the realme contrarie to the vse of the French from whence wee had the 1 I assemblee destroys estats viz. le elergè la noblesse cominautè worde and which call the parliament the assemble of the three estates and contrarie to the reckonning of all Christendome that deuide the realme into the ecclesiasticall state nobilitie commons yea contrarie to Christianitie For who will recken the estate without mention of religion but such as seeke nothing but their cause and profite without consideration of religion in the actes of parliament made at Edingburgh anno 1584 these wordes are often repeated His maiestie and the three estates And againe Our souereigne Lord and his three estates in this present parliament The heathens reckened but two estates to wit the 2 Senatum plebem nobilitie and commons Christians euer reckoned the ecclesiastical state one neither doeth any lawyer say contrarie 2 P. anno 36 37. h. 8. f. 60. In a certaine report of Iudge Dyer we reade that one certaine lawyer is of opinion for reason he bringeth none that the parliament consisteth of three partes the Prince the Lords the commons but we reason of the parliament considered as a bodie of it selfe beside the prince as it is in commō speach considered for so we say the king in his parliament assembled at Westminster or the king to the parliamēt or parliamēt to the king In which kindes of speach if you make the king a part of the parliamēt you make the prince to treat with himselfe which cannot be Besides that you iumble the lords spiritual temporal together make but one state of them which is cōtrarie to cōmon speach Last of all you make the prince that is head equal with the partes and make others as good as him which is the endeuour of this libeller and therfore I say that the prince is head of that body that consisteth of three estates viz. the lordes spirituall temporal commons which cōcurring make lawes to binde the realme neither is it true that the bishops by law may be excluded out of parliamēt For in al parliamēts ordinarily their assent is set downe in tearmes What is done or what hath bene done in 1 Iewel def of the Apol. fact I will not say So the 2 Certeine statutes haue bene made by the king lords spirituall and commons others by the king lordes spirituall and temporall lordes or cōmons may also be excluded but we reason of law And if the bishops may bee excluded thē may the nobilitie be excluded also For the lords consist part of bishops part of temporal lords both haue equal right That the bishops cannot be excluded by right appeareth by the 3 Throughout all statutes lawes and customes of this land Sometime they departed because they would not be at iudgement of life or member which they supposed to be contarie
such authors argumēts as these fellowes as yet delay to answere As for Daneau and certaine pety compagnions defenders thereof their authority is of no weight speaking against such antiquitie and consent and reason The Libeller would also haue the ecclesiasticall state made odious for their misgouernment a very malitious and insufficient course for suppose that 3 or 4 should doe against lawe is it reason that law should be taken away or that many should suffer for a few mens faults how much more vnreasonable is it that the same should bee oppressed for supposed misgouernment That articles are ministred to parties conuented in law and subscription required to lawes is most consonant to lawes neither is any thing in the lawes of England or the statute 25. Henr. 8.19 there to the contrary The Libeller seemeth not to vnderstand himselfe nor others when hee talketh of bishops deuising articles and subscriptions and publishing them in their owne names for there can not be deuised a more absurde kinde of speach Subscriptions are required of others and not published and articles are obiected as priuate meanes to bolt out trueth not as lawes to be practised A course vsuall in all courts of chancery eschecker starrechamber but what reason had this fellowe to obiect to bishops that which they doe not when Th. Cartw. and his 2 At Warwicke Cambridge London c. the actes thereof are euidence sufficient fellowes contrary to the statutes and lawes of the Realme assembled in secrete manner made lawes and subscribed them and published them among themselues and yet are not punished for it They say that bishops appoynting speciall prayers vpon occasion of the inuasion of the Spaniards and other speciall causes doe contrary to that which they require in others but they mistake for those offend not that in euery point of the Communion booke obserue not strict order which the booke in some case aloweth but such malitious felowes as of malitiousnes refuse it and contemptuously oppugne it Neither is the vse of speciall prayers vpon occasion contrary to the vse of the booke of common prayer subscribed vnto with exclusion of all other orders of common prayers for both may stand together Neither did Byshops any thing in this behalfe without her Maiesties speciall commandement But these fellowes are of those that allow not her Maiesties godly orders nor any thing done by Gouernors nor any prayers but fond loose vaine and absurd babbling oraisons of Puritans and seeme to be sory that any should pray against the Spaniards They thinke also and the Libeller affirmeth that it is as lawfull for contentious persons to refuse the surples as for Byshops not to vse pastorall staues But it is most absurde so to say the vse of the surples being consirmed by law the vse of the pastorall staues not being required by lawe or custome But were pastorall staues enioyned by lawe is this a good reason because Bishops offend that euery lawlesse compagnion should passe without controlment That Cawdry was punished by order of lawe is apparant for that the statute doeth authorize the high Commissioners to proceede according to their Commission If any fault were therein cōmitted it was that he was vsed with so 1 His cause was almost two yeeres in handling his conformitie continually being exspected much lenitie Neuer was any more obstinate nor could any man haue more fauor especially without desert for neither had he learning nor other good qualitie nor was any more factious That felonies were examined before the high Commissioners Ec-Ecclesiasticall is a vaine cauill neither doeth it follow because vpon examinations of matters fellonious libels are found out that they proceede to the cognition and determining of felonies Neither do the Ecclesiastical Iudges contray to law either in citations or ministring othes in causes ex officio or punishing lewde factious perturbers of the state If this felow doe maintaine the contrary let him leaue his idle quotations and set downe the wordes of law enforce them by argument to his purpose Otherwise all men may see he goeth about rather to calumniate good men then to iustifie any accusation against his aduersaries If he prooue nothing let him be ashamed to cal his factious compagnions seekers of reformation their libels and friuolous pamphlets bookes of reformation and cease to impugne her Maiesties lawes sentence of Iudges against Iohn Vdall whose fact no man can defend but such as maintaine sedition faction nor praise but such as are enamored of senceles vnlearned hypocrites let him cease to charge the Bishops with seeking his life for they are not his parties nay next to her Maiestie he is to thanke some Bishops for his life for if they had bin as he saith nay if some had not entreated for him percase he had bin hanged all this controuersie taken vp and ended If he cease not percase the world will thinke that Vdall deserued rather more seueritie then is now shewed to him and that the libellers bolde demeanour may procure him to haue iustice for his foolish prating rather then fauour for any wittie reasoning Hitherto all the Libellers dispute is without sequele for admit some one or more shoulde teache falsely or doe against lawe yet is it no reason that euery base compagnion should with open mouth rayle against her Maiesties gouernement and Lawes and call them Antichristian and speake against the whole cleargie yea against Iudges and all that fauour the present gouernment Let those that haue taught falsely be refuted and those that haue done leudly bee punished That the state should be dissolued for the misgouernment of particulars no reason will admit That the platformers offer their liues to prooue their discipline which the libeller alledgeth to excuse thē is a sencelesse reason for no traytors nor felōs deale in any cause that they vndertake but they offer and venture their liues for it yea and Iacke Strawe Hacket offred their liues to prooue their reformation whereas these fellowes contrariwise are very loath to loose liues lands or goods for their discipline and loose nothing but with much grumbling and repining and come farre behinde the Iesuites and Papists in that poynt And so simple is their proofe that if they bee wise they will not venture any thing vpon it for the demonstrations of discipline stande confuted without replye and all their presbyteriall imaginations rest beaten without answere neyther is any argument in all T. C. his great confused Chaos of replyes left vntouched His multiplicitie of wordes wee leaue to factious Puritans that speake ordinarily without sence or matter to play withall To excuse his fellowes silence the Libeller pretendeth want of libertie Printers which cannot iustly be alledged for how can they want printers hauing Waldgraue in Scotland and others at Geneua Middleburg Leyden at commaundement beside their priuate presses Or how can they pretend want of liberty seeing none haue bene long imprisoned and many
al these mens deuises be nought worth how litle is the rest thereof to bee valued sure if that which themselues confesse bee not sufferable the rest must needs be vntollerable which if the petitioner know not he is but a nouice in his owne cause and knoweth litle or nothing if he knew he is very impudent that dare defend such maner of persons They openly professe and acknowledg that they bee sinnefull men Petitioner A great matter Answere for albeit they shoulde neyther professe nor confesse so much yet woulde the same appeare but too too euidently In doctrine their leud heretical opinions In maners their pride malice crueltie couetousnesse vsury gluttonie and chamber cheare which they call fasting and colour with tearmes of godly exercises doe notoriously conuince them neither do I yet tell all for other matters I haue thought good to keepe for an ariere bāquet for that I would not haue the libeller surfet which he would percase doe if too much were set before him at once They call not themselues puritanes Petitioner Vntruth Answere for both Martin this petitioner calleth his 1 Pag. 83. consorts puritanes yea and others more honest men then eyther of the two which wee are rather to beleeue then the petitioner call them so and that rightly for commonly they appropriate vnto themselues the name of the saints of godly brethren and such like and account and call others that be not of their faction 2 Martins hay any work and his minerals prophane They esteeme also the 3 T. C. eldership a pure gouernment and other corrupt and T. Cartw. calleth his cause the cause of sincerity why then are they not iustly called puritanes percase they wil answere that they are impure filthie fellowes which in deed is true for their puritie neither consisteth in life nor doctrine for none therein can be lesse pure vnlesse it be in bare conceit but in outward shewes false semblant vaine protestations of reformation gogling of eyes and painted hypocrisie this excuse therefore that they doe not call themselues puritanes were it true yet is it vnsufficient seeing they take vpon themselues to be more pure then others as did the puritanes of old time for we may not thinke that the Cathari or Nouatians accounted themselues without sinne but were called puritanes for seuering themselues from others which they accounted lesse pure then themselues They do absolutely yeeld and subscribe to the Articles of Christian faith Petitioner and doctrine professed in the Church of England And therfore offend not against the statute made 23. of Elizabeth c. 12. concerning that purpose This is a palpable vntrueth Answere for both doe they put out certaine articles and adde others vnto the Apostles Creede And T. C. and Fenner confound person and essence in the Deitie and make the sonne to proceede from God the Father The article concerning bishoppes and homilies and Ecclesiasticall gouernement they vtterly denie and therefore are both schismatikes and heretikes and offend against that statute most directly and denie it shamefully and cauill most absurdly for where the Parliament calleth all the booke and the pointes therein conteined Articles of Religion These subscribe onely to the Articles of Faith and Sacraments Expounding faith strictly and discharging thēselues easilie and expounding statutes contrarie to the opinion of Iudges Call you this consistoriall interpretation They giue to her Maiestie all that power Petitioner that is recognised to be in her highnes by the othe of supremacie as it is by her Maiestie expounded and therefore be no traytors How can this be Answere seeing they deny her power to nominate bishops to make ecclesiasticall lawes to determine ecclesiasticall causes or to delegate others to heare and determine them and take away the last appeale and cognition from her and giue her not any tenths or subsidies how I say may this be seeing they take away both her ecclesiasticall authoritie and her reuennues and giue this power partly to Elderships partly to Synodes partly to Deacons new found creatures And therefore albeit they take the othe of supremacie yet they deny her supreme power vnder colour of the interpretation of the iniunction which abridgeth not her power in cases expressed Beware therefore Libeller and touch this string no more for it soundeth but badly in all loyall subiects eares They professe all obedience to the Lordes of the counsell Petitioner the Iudges and ciuil Magistrates and therefore be not Anabaptistes He saith they professe all obedience Answere but if he would haue excused his clyents he should haue said they performe it for the Iesuites doe in termes professe obedience yet none more factious this is a point that doeth neerely touch his cause and would haue required more diligence in clearing of it For whatsoeuer they professe in this petition both their doctrine and behauiour is contrarie They set the subiectes against the prince as hath bene shewed and haue wilfully oppugned all her Maiesties ecclesiastical lawes they vse her with bitter termes Martin saith her Maiestie is 1 Epist p. 10. 53. seduced and that God 2 Hay any worke alloweth not her gouernement and that she biddeth 1 Ibidem battell to God They teach that Ministers ought 2 Regist p. 48. not to obey the prince when he prescribeth ceremonies and fashions of apparell They accuse her maiestie eyther of ignorance being abused or vnthankefulnes to God and negligence 3 Motion with submission pap 41. in her duetie They resemble her to 4 Gilbie Ieroboam Achab Iehoram and other wicked princes They that wrote the 5 2. Admonit Admonition acuse the high court of parliament of iniquitie affirme that it shall be easier for Sodom and Gomorrha then that court and calleth the Lords politike Machiauels Penrie accuseth 6 Supplication them of betraying God and his kingdome and prophecieth of the Spaniardes to come and wast the land They affirme That our counsell 7 Epistle before reformation no enemie may truely be said to delight in iniurie and violent oppression of Gods saintes And that the Lordes cannot possibly bee said to deale in 8 Ibidem matters of Iustice They charge them with maintenance of impietie and say that with 9 Ibidem Pilate they crucifie Christ. They affirme that the Magistrates and Ministers haue walked hand in hand in the contempt of true religion They call the Iudges wicked lawyers and Atheists Vpon ecclesiasticall 10 Vdals dialogue and Martins Epist gouernours they raile most impudently calling them robbers wolues simoniakes persecutors and such like And therefore if they bee not accompted Anabaptists they haue the more wrong seeing in all disobedience and vnciuill reproches they passe the Anabaptists This is the onely difference that Anabaptistes reuell against all Magistrates these against such especially as withstand their rebellious deseignements They holde it lawfull before
Magistrates Petitioner to take an othe so it be not taken in vaine or in matters vnknowen to them So likewise the Iesuites Answere and Rhemistes doe thinde it lawfull yet to accuse their fellowes or to hurt themselues they thinke it vnlawfull to take oathes and say That such oathes 11 Annotat. Rhemens in act 23. that are so taken doe not binde and must be broken vpon paine of damnation which is also the case of puritans for either they refuse to sweare or to answere concerning their brethren as they call them And what a vaine othe is that themselues wil also iudge ouerthrowing the ordinarie proceedings of lawe and best meanes of triall yea diuers of thē haue very small regard of their othes as the recordes of their answeres wil testifie for either they aunswere vntrueth or else refuse to answere so farre as lawe bindeth them yea albeit the matter be declared vnto them The authors of this booke they haue forsworne the telling of all trueth They seeke not to pull downe the courtes of Iustice Petitioner c. onely they would haue bislops and ecclesiasticall persons shut out from them Yet if the eldership did shine in his glory Answere all the courts of Iustice might pull downe their seates For if that the consistorie may orderal matters cōtrarie to the law of God wherein is breach of charitie what shall be left for other courtes Herein therefore they shewe not onely singuler presumption in thēselues but also great malice against other Themselues would entermeddle in all causes Ecclesiastical persons they cannot suffer in any yet are bishops a principall parte of the court of parliament Starchamber by the gouernours of this realmethought fittest and by no lawe debarred to be there vnlesse it be by the lawes of the cōsistorie made for the extinguishment of religion learning Whereas contrariwise the new churchaldermen haue no warrant of law but ouerthrow all lawes and her Maiesties prerogatiue And yet would be admitted in 1 Declaration of certaine actes made anno 1584. and in a certaine pamphlet spread abroad by them parliamēt consulted with in courts of Iustice seeke that al men should depēd vpon thē here as vpō Beza at Geneua endeuour to suppresse men of learning grauitie authorised by law that certeine worthles men vnder pretēce of authoritie frō Christ may tread downe lawes rule as they list At Geneua they pretēded first religion but they ouerthrew ciuil magistrates in the end and expulsed the Bishops of Geneua which were gouernours of that state They deny not that matters of testaments and marriages Petitioner may be determined by ciuilians or temporall lawyers It skilleth not greatly what they affirme or deny Answere vsing to doe both very impudently The lawes of this land haue thought fittest that both matters of mariages and willes and also causes of benefices of tythes and slaunder and other ecclesiastical controuersies should be handled in ecclesiasticall courtes The priuiledges of the Church princes binde themselues to obserue and the statute of Magna Carta confirmeth What shamelesse men then are these that would ouerthrowe so auncient courtes of Iustice so auncient lawes and giue cognition of matters to those that haue no skil nor lawe to decide them by And of a certaine state to make a most vncertaine and wauering state and to ouerthrowe the most excellent studie of the ciuill lawes yea ciuilitie it selfe to bring in barbarisme But let them settle themselues they are men fitter to parte a bootie taken by force then to deuide the offices of gouernement euery man let him goe to his occupation clownes to the plowe marchants to their shops Clarkes scribes to their penne ynkehorne and this petitioner to Bedlem As for the iurisdiction of bishops it is not onely confirmed by lawe but by antiquitie reason whereas the whole frame of discipline standeth vpon a fewe mens fancies neither wise nor learned and is repugnant to lawe and orderly gouernement yea to Gods word They teach that the Ministerie nor people ought to make any generall reformation Petitioner Marke I pray you Answere how nicely he minceth at matrers He will not say that either Ministers or others shall by force or other meanes of their owne authoritie make a generall reformation but that they may euery man in their seuerall parishes make a reformation he will not deny so the enuy he would a little decline but his hope of rebellion he would not loose but all commeth to one reckonning for whether this reformation or rather rebellion be made all at once or in diuers particular places at seuerall times all commeth to this passe that priuate men shal disanul lawes and erect new orders and rule as lordes and neither prince nor lawe beare sway so that were it as this man setteth it downe yet were it too too bad But I will shewe that the consistoriall doctrine yea and proceeding is farre otherwise Noblemen saith 1 Histor Scotl. appellat Knoxe Knoxe ought to reforme Religion if the king will not the same power he giueth to the 2 Histor Scotl. pag. 49. 50. comminaltie If the Prince will not yeeld to his 3 Knoxe appellac p. 28. 30. nobles and people he armeth them with power to depose him Nay saith he further If princes be tyrants 4 Knoxe to Engl. and Scotl pag. 78. against God and his trueth their subiectes are freed from their othes of obedience With him accordeth 5 De iure regni Buchanan he saith the people is more excellent then the king and hath right to bestowe the crowne at pleasure and may make such lawes as it pleaseth them that the people may arraigne the king and that Ministers may excommnnicate him In which case most wretched is the king and the people most puissant He saith further That albeit Saint Paul commaunded obedience to tyrants yet it was in respect of the times and people that were weake and not able to take armes The same doctrine is maintained by 6 De iure magistrat Beza by 7 Francogal Hottoman and others and it is the sweete reformed doctrine as they call it of the perturbers of our state 8 Goodmans booke Goodman soundeth the trumpet of sedition to the nobilitie and people 9 Theolog. sacr against the prince and holdeth That if princes will not reforme religion yet others might reforme it themselues The same argument is handled in that traytorous dialogue which Ghylbic published And Th. Cartw. although he denieth it as it should seeme hath taught this mysterie of discipliue to his scholler Fenner that there are certaine Ephori that ought to haue authoritie aboue the Prince which not onely may controlle him but also settle matters which he neglecteth And according to this doctrine they proceeded first at Geneua shutting their gates against the Bishop their prince and seasing his reuennues and altering the
ouerthrowe of the ministery as too late now the ministers thēselues there begin to feele why should it I say be more lawful there then with vs Article 8 If the bishops publish any Canons or orders to be practised without the royall assent of her Maeistie they should bee fined and imprisoned 25. H. 8. c. 19 yet notwithstanding this statute they publish subscriptions in their prouinces and articles in their Diocesses without any assent of her Highnesse Answere The end of this article is to haue the bishops imprisoned and fined according to the rules of puritane charitie But the meanes and proofes whereby the articulators endeuour to effect it are all too weake For they can neither prooue that they haue published Canons constitutions and prouinciall ordinances without the princes assent nor that they haue done any thing therein against lawe nay albeit in their subscriptions they require nothing but obedience to lawe yet did they not require them without speciall warrant But saith the accuser they publish new subscriptions articles Goodly stuffe As if either subscriptions or articles were canons or constitutions or ordinances or els such as minister priuate articles about matters in ciuill courts could be said to make new lawes It appeareth the man is but a nouice in law that knewe not what is law That he erre not let him vnderstand that the ordinances of discipline made by T.C. and his fellowes were made contrary to this statute And therefore if they desire Iustice to be done let the lawe be executed vpon offenders and let innocents be no more wronged Article 9 Ecclesiasticall officers extort from schoolemasters sometime 7. s. sometime more and make them subscribe both contrary to lawe Answere If they take 7. s. for a licence it is not much I know a petifogger yea a Scriuano that for writing a licence hath taken 7. li. let them therefore both bee punished together according to the seueral qualities of their offence and let all takers and extortioners answere for their extortions I defend them not I excuse them not I fauour them not As for subscriptiō of schoolemasters how can it be misliked seeing it is only for confirmation of law exacted of them least they should instill discontētment schismatical heretical opinions into their schollers minds Done at Geneua Ordon de l'esehole de Geneua as but too many factious and puritane schoolemasters haue done to the great preiudice of this Church and state the more haue they to answere for that haue suffered them and more care ought men to haue that such nurseries of rebellion bee not suffered But what reason hath this pettifogger or the scriuano his suggestor to condemne subscriptions seeing both of them win more by scribling and subscribing then any ecclesiasticall person I know in England Article 10 By the great charter none may bee imprisoned but by the lawfull iudgement of his Peeres or by the law of the land Answere By the lawes of the great charter the priuiledges of the church state ecclesiastical are with most pregnant termes confirmed and yet this faction without regarde either of charters or lawes or honor of the prince that is sworne to maintaine them or of the reputation of the realme that standeth most in maintenance of Gods church religion goeth about to ouerthrow both the ecclesiasticall state and all the customes rights priuiledges of the church if then he think it not lawful to infringe the lawes of Magna Charta what presumption is this that he his companions directly oppugne them on the contrary side he cannot charge any iustly with the breach of lawes let him if he can name any that hath imprisoned any contrary to the lawes of Magnacharta if he cannot why doth he speake of imprisonment to no purpose If he affirme any such matter of bishops he doth them wrong For they imprison none by authority Episcopal If he speake against the high Commissioners in causes ecclesiastical he is to vnderstand that diuers of them being of the most honorable persons and Iudges in the land they will not doe any thing against law Nor doe they commit any but contumacious offenders whom no lawe may spare That they punish men for not swearing vainely is a vaine lye To say that an othe offered by a magistrate is vaine is both disloyaltie and Anabaptistrie But all this rigour is clemencie in respect of the consistoriall proceedings For there men are censured by opinion and ministers disgraced vpon suspicion and Caluine put a syndicke and diuers chiefe men of Geneua to their oathe to answere whether they had bene daunsing at widow Baltazars house and after that remooued diuers of them from their places he that liketh these orders must needes commend ours Article 11 By the common lawe a man shall not be examined vpon his othe in matters that sound to his reproch Crompton 182. Answere Cromptons worde is no measure of lawe The contrarie hereof is lawe by the opinion of the most learned Iudges in England It is the practise of the court of Chancerie in the court of the coūcel of the marches principalitie of Wales in the court of Starrechamber whereas the parties are examined vpon their othes vpon periuries forgeries and many other misdemeanors Suppose it be at the instance of parties which notwithstanding is not alwayes yet it appeareth that othes to discouer things reprochfull to a mans selfe bee lawfull and very common and most necessarie And a simple lawyer was he that vnderstood not so much Likewise in other courtes of recorde at Westminster the iudges by corporall othe examine any person whome they haue cause to suspect to haue dealt lewdly about any writte returne entrie of rule such like matters By the statute of inquisitiō 1 Stat. de Exon de Inquisit super Coronat vpon Coroners the enquirors shall make the Bailiffes sweare that they shall conceale nothing no though it be penall to them Masters of shippes are to bee put to answere on their othes vpon the statute of money 9. Edw. 3. c. 9. Whether they haue committed any fraude So likewise they that are charged vpon the statute 2 8. Edw. 4. c. 2. of liueries must answere the bill vpon their othe though the matter be penall The same is apparant by the statute of wines 24. H. 8. c. 2. of banckrupts 34. H. 8. c. 4. by the statute of supremacie by the statute of Fugitiues 13. Eliz. c. 3. In appeales at the Common lawe the defendant before battell is driuen to 3 Stanf. Pleas of the crowne lib. 3. c. 14. sweare A Iuror departing from his companie was examined on his othe whether he had talked with the defendant yet if he had confessed it the same had bene penall M. 34. Edw. 3. fol. 3. In an action of formedon couin being found by othe in the defendant hee was punished by the Iudges discretion T. 7. H. 4. fol. 19. The othe of supremacie may be giuen
barking curres as this which without reason baull at lawes and antiquitie and if they had might would bite also Article 36 There be many Churches in England that haue scarce had 12. sermons in 12. yeeres Answere The cause why in some places there are so fewe sermons preached is for that the liuing is appropried and that such as haue it haue no care of mens soules let the articulator therefore article against them and not impute their faultes to the cleargie that cannot doe withall if among the cleargie hee knoweth any that doe not their duetie or that preach not their sermons why doth he not name them that order may be taken that sermons may be had according to lawe If he can name none why doth he mention many And if there be any default herein why doth hee deface the state and not rather blame those greedie persons that by taking away the liuings of Churches are cause of this disorder Wherefore to answere him let him this vnderstand that there are mo learned Preachers and Sermons preached in England proportion for proportion then eyther in Fraunce or Scotland howsoeuer the same seeme to him to be refourmed Article 37 Erasmus paraphrasis should be had in all Churches Answere Accuse them that haue it not There is none more guilty then the brother-hoode of Puritans that condemne all good learning and care for none other bookes then the Geneua Bible Caluins institutions and Bezaes Comments excepting alwayes Caluins Commentaries on Iob and Martyrs common places in English Nor haue other cause to like of Erasmus paraphrasis but that now all their exercises bee nothing but light and fantasticall paraphrases except alwayes some heauie and malicious inuectiues Article 38 Ecclesiasticall persons shoulde not play at unlawfull games as Cardes Dice c. but they offende more then any other that pretend conformitie Answere I tolde you that this Reuellors purpose was rather to rayle then amend any matter Why doth he not name these gamesters and vnlawfull games and proue that such games as are vsed are vnlawfull nay when he hath proued what hee can I doe thinke that honest recreations that some ministers vse are more commendable then the sabothes exercises of most puritans Article 39 Non residents should distribute the 40. part of their liuing to the poore of the parish which they doe not Likewise they should mayntayne schollers Answere I knowe none more hard-hearted then the Puritans nor more bountifull then the Clergie to the poore As for Pettifoggers and Scribes they do skinne the poore and helpe them not Nothing therefore could bee more vnseasonable then this accusation For albeit the Ministerie by the spoyles of Patrons and griedie Gulles and wicked vexations of Puritans are almost now the poorest of the parish yet are they not sparing to giue euery man according to his facultie And as for some bishops it shal be prooued that they are as ready to maintayne and preferre learned schollers as the Puritans to impouerish them and spoyle them the rest let them answere for themselues Blush therefore you sacrilegious Church-robbing Puritans the ruinors of all churches and shame to talke of liberalitie and maynetenance of schollers For by your barking and by your spoyles and by your crying out against the reward of learning and by that pouertie and contempt you haue brought the ministerie into you haue almost ouerthrowen the ministery in Scotland religion in France would ouerthrow both in England And what should we els looke for at their hands seeing in racking of Rents exteremitie of dealing vsurie and vnlawfull practises of gaine and Turkish and inhumane crueltie diuers of these zelatours of puritanisme passe both Turkes and Heathen Article 40 The Queenes Iniunctions are not read quarterly as they should be Answere They are read as oft as neede is and if any negligence bee committed it is by the Puritans that bring all lawes into contempt sure they are contemned more by them then any for they openly impugne them not onely neglect them But admit they should be read very often yet would not the Puritans heare them nor obey them For they neyther respect her Maiestie nor her lawes but in despite of both seeke to establish a new gouernment and newe Iniunctions for which if they doe not shortly reforme themselues there will bee such penance inioyned them that they will better remember Iniunctions all their life long Article 41 Holy-dayes should bee spent in godly exercises Bishops bestowe them prophanely in playing at Bowles hearing Comedies and Tragedies Answere Very vnlikely it is that such fellowes as this should teach Bishops how to bestowe their time seeing there is none bestoweth these dayes worse then the hypocriticall secte of Puritans that in slaundering factious declayming against lawes and gouernours in chambring and chambring exercises yea and in worse matters doe bestowe their time in corners doing things which you may conceiue I may not vtter and therefore these are prophane and wicked hypocrites As for honest exercises why may they not be vsed vpon holy dayes so it be not in times of seruing God Wherefore vnlesse the Libeller can shew both better law and reason against bowles and other exercises well vsed and shewe cause why Tragedies may not be heard his accusation will rather seeme to proceede from malice then other cause and hee will bee taken for a prophane sencelesse hypocrite that is offended with bowling and exercises of learning and yet thinketh it lawfull to make an occupation of lying slaundering and defacing of good men and alloweth the secrete and parlour conferences of his fellowe Puritans and many other bad practises whereof some are comicall others tragicall and most of their discipline fabulous or a comicall fable Article 42 The Bishops be not without superstitious paintings in their chambers and diuers Churches haue them not abolished Article 22 To condemne the historicall and ciuill vse of painting is vnciuill and sauoureth of Turcisme Other vses of painting bishops haue none neyther is there now any superstitious vse of payntings in church wyndowes but those that are if they displease the Libeller he may haue downe at pleasure when hee will set newe glasse in their place The paintings that doe more harme are in apparell ruffes yea womens faces and their furniture wherein I would the Puritans did not commit both Idolatrie and other follie Wherefore seeing he is in the way as hee pretendeth of Reformation let these abuses of pricking pride painting be remoued also let him take heede that superstitiously he doe not make an idole of his discipline that both out of church and common wealth is to be abolished Article 43 The wiues of Ministers and Deacons should bee allowed by the Ordinary and two Iustices of peace But many forward Chapleyns regarde not this Answere In disdaine this scorneful wretch calleth learned Ministers Chapleins sparing neyther his aduersaries nor friends the Puritans that are for the most part trencher Chapleins nor others But what such lewde
Schooles what they can yea sparing neyther friende nor other men of wonderfull large conscience Article 52 Many are absent from their cures without lawfull cause Answere Shewe that and thou mayest haue remedie against them yet take heede thou dealest not too curiously in this matter for feare thou offendest thy deare brethren of the fraternitie of deformation for none doe more willingly discontinue from their charge nor haue lesse or more vnsufficient cause Others haue lawfull businesse these to alter Lawes to stirre the people and mayntayne faction wander about and neyther regarde flocke nor Lawe Article 53 Ecclesiasticall persons doe not weare in iourneying clokes with sleeues Answere The reason of this is the contempt of Puritans and scorne offered by them to those that obey lawes for while they breake lawes themselues and scorne obedience in others these poynts haue bene slackely obserued of diuers yet is not the matter capitall for when ministers go most vndecently yet do they not come neere the flatcapped short cloked russet clothed and lether breeched broode of Puritans Article 54 The housholde seruants of Bishops bee not of so good life as they should bee Answere No more is this Libeller but in what house can you finde them more orderly nay can you finde them in any Puritans house so orderly this I dare auowe that the lewdest man they keepe is more honest and discreete then this Libeller or his compagnions and hath more gouernment of his tongue and actions Article 55 Bishops make blinde Porters and outworne seruitors Ministers Answere They that did it are therefore greatly too blame and therefore spare them not but let their names bee knowen more blinde and absurde fellowes then the Disciplinarian sort I knowe none they are also both outworne and forlorne for all the stuffe they had deuised in seruice of the consistorie is now past and spent and T. C. liueth now all by speculatiō except always some litle gaine he hath by interest Article 56 Bishops should not as they doe graunt Presentations and Aduowsons of liuings before they be voyde Answere The man towardes his ende speaketh ouer Hee sayth Bishops graunt Presentations yet was it neuer heard that a bishop as ordinary did graunt a presentation for that is the office of the patron to the bishop not the bishop to the clearke neyther doe bishops graunt aduousons of Churches for they are nought in law if they graunt them I would to God that all men did so'well bestowe their liuings as some bishops doe and I thinke that the worst bishop doth bestow them better then many of the best lay patrons if they did their dutie herein there would not bee such buying and selling as there is and so many learned men destitute of liuing it is not the bishops but the wicked generation of sacrilegious Churchrobbers that sell aduowsons yea and woulde sell both Church and soyle if they might and next to these such petit incornifistibulat pettifoggers and scriuanoes as the chiefe authors of this libel that must haue bribes vnder hand to helpe to procure the patrons fauour Article 57 The booke of Martyrs shoulde bee in Cathedrall Churches and in Deanes and in prehendaries houses but is not Answere How knowe you that it is not were you euer there if you were it shoulde seeme you came thither for a spie most vnworthie to treade in their houses or Cathedrall Churches which you woulde so willingly spoyle but were you there or not first it is false that by lawe the booke of Martyrs shoulde bee in such houses for the Canons are not law next that they are not there lastly that they shoulde bee in Churches Article 58 Chancellors Commissaries and Officials should be learned in the ecclesiasticall lawe but are vtterly ignorant Answere I knowe none but may put both thee and thy consorts to schoole howsoeuer you take your selues to bee learned but if any vnlearned Officiall come in place without merite I will giue thee leaue to sease vpon him and take him out of his place to bee thy companion two fellowes vtterly ignorant together Article 59 Vnpreaching Prelates shoulde teach children to write c. but yet the parishioners are burthened to finde schoolemasters for these matters Answere The office of inferiour curates which hee aymeth at God wot is a simple prelacie such prelacie God send to this libeller and his companions and yet woulde it bee too good for him being neither so honest nor learned as most of them the fault he noteth in them is that they teach not children yet are none bound to teach without wages neyther can hee charge any for not teaching that hath competent wages allowed what wise man then was he to alledge that for law wherein is neyther law nor trueth Article 60 The election of Church wardens by the ministers and people and the admonitions which they should vse to offenders are omitted and accounted seditious and schismaticall Answere All this is false for the election continueth I doubt not But they do admonish vnruly persons I knowe none that accounteth it seditious or schismatical but if you suppose to proue your populer election of bishops ministers your supposed aldermen their office by the election of church-wardens you are wide as farre east and west the church-wardens deale with small matters these iniambe vpon the prince and treade downe his authoritie those are vnder the minister these controll both ministers and princes and therefore to elect such would bee seditious and schismaticall of which he that sheweth himselfe a patron is both a schismaticall and seditious person Article 61 The bishops keepe non residents about them though by lawe confessed to be odious and spoken against in parliament Answere Many things haue bene spoken of against in parliament which haue bene there reiected as ridiculous among other things the new puritane communion booke consistoriall discipline as for nonresidence there is no reason it should be spoken against seeing no man defendeth it and lawes alreadie made condemne it for nonresidence is simplie condemned and onely for certaine causes allowed for the priestes of the law had their turnes and the bishops of old time had their times of absence and the disciplinarians dispense also with long absence of their ministers why shoulde they then bee so rigorous to other being so liberall to themselues or why doe they accuse bishops for mayntayning nonresidence that maintaine it not liking it in themselues that offende in it Article 62 No man shoulde haue aboue two benefices at once not distant aboue 26. miles yet many haue 3 or 4 scattered an hundred miles one from another Answere First that is false in the Queenes chapplaines for they may haue more then two if it please her Maiestie to bestow them vpon them neyther doe I require any greater argument of the libellers disloyaltie towarde her her Maiestie then this that he is still pinching at her prerogatiue secondly it is not to bee prooued that others
haue more benefices then two with cure if they haue all but those they can keepe doe fall voyde lastly all this which hee draweth out of the Canons is to no purpose for they haue no strength of lawe Article 63 The bishops say that excommunication is a ciuill discommuning and company with excommunicate persons and if our Prelates were examined then were they excommunicate and worse then publicanes and heathen Answere Marke I pray you the intemperate furie of this base companion the honourable Prelates of this land reuerend for their learning yeeres grauitie place this crablouse swaine and paltrie parasite scornefully calleth iolly prelates and in changing scorne into rayling calleth them excommunicate persons yea worse then publicanes and heathen into such a streine of madnes is he entred looke Allen Stapleton other traytors discourses yet shall you find no such scornefull nor spitefull speaches and wherefore doth hee so reuile them forsooth because he supposeth they offend against canons yet neyther doth he prooue any fault nor can he shew that those canons are lawe nor can hee excuse his consorts that notoriously contemne all excommunications nor finally can hee disproue the common distinction of excommunication that one sort is ecclesiasticall the other ciuill and therefore as a furious for rayling without learning or wit against men of so high place hee is rather to bee corrected in Bedlem then refuted with long discourse I doubt not but the consistorie it selfe will bee ashamed of such kinde of dealing and all other reasonable men condemne it why the disciplinarians should talke of excommunication there is no reason forthey commit the same into prophane mens hands and are therein worse then heathen that neuer committed such holy things into so base mens hands This is the summe of all those articles that he hath gathered against the ecclesiasticall state a playne iustification of all their doings for if he could haue said more against them he would not haue spared and charging them with matters eyther tryfling or else vtterly vntrue declareth them to bee innocent himselfe to bee malicious and furious for the summe of all is nothing but a packe of vnruly wordes as Chapplaines Priestes iolly Prelates hangbyes excommunicate persons worse then heathen and publicanes licentious preachers extortioners bribers and such like I could requite him with better and as bitter tearmes but to answere his articles I will onely returne him but these few articles following A BRIEFE COLLECTION OF DIVERS haereticall and strange opinions lewde practises and fond fancies and deuices which certaine factious and light headed persons haue lately coloured and aduanced with glorious titles of discipline and reformation set downe in forme of Articles TH. Cartw. doth call the rules of his new discipline the 1 In the Epistbefore Fenners new diuinitie Axiomes or irrefragable principles of heauenly Canaan whereby he would in sinuate that they are without doubt to be receiued and yet can he not shewe that euer the eldership or the strange gouernement thereof was practised in Canaan vnlesse it were of the Cananites and enemies of Gods Church to the rooting out of Gods people and ouerthrow of the Ministerie 2 The disciplinarians holde that the gouernement of the Eldership is Christes kingdome and that they that withstand the same are enemies to Christ to religion and to Christes kingome and apply these wordes of the Gospel 2 Th. Cartw. in a certeine table Those mine enemies that would not haue me to reigne ouer them bring them and slay them before me Aplaine euidence that if with entreatie they cannot they meane by warres and bloodshed to set vp their kingdome and yet William Hacket their first king was crowned in Cheapeside with an hempen coronet or diademe and his garde and followers dipersed 3 They teach That the Church is onely to be gouerned by Christes lawes And yet are they not able to bring forth one worde for proofe of their consistorie or the partes of it or the office of euery seueral part of it or any part of their gouernment and seeme to rest onely vpon mens bare conceites and fancies contrarie both to scriptures equitie and reason 4 They professe great loyaltie in termes yet doubt not to say that the simplest Consistorie they haue may giue the prince to Satan 5 They take from the magistrate power to make ecclesiasticall lawes for the gouernment of the Church and yet at Geneua they haue no ecclesiasticall lawes but made by the magistrates 6 That authoritie which statutes giue to princes In calling and assembling of Synodes and appointing ecclesiasticall commissioners to heare and determine Ecclesiasticall matters and appointing delegates to represse wrongs offered in Ecclesiasticall courtes they take away and deny the supremacie of the prince very presumptuously 7 They ouerthrowe her Maiesties reuennues and dissolue the office of first fruites and tenthes 8 They deny her all authoritie to nominate Bishops or other officers of the Church and vtterly take away her right of patronage in all ecclesiasticall liuings 9 They dissolue all ecclesiasticall lawes and all those statutes that concerne Bishops or other Ministers or other ecclesiastical liuings person or cause 10 They deny that her Maiestie may pardon and graunt life to any offender Fenneri Theologia whome Moses lawe commandeth to be put to death and binde her to the obseruance of Moses iudiciall lawes 11 They seeke the ruine and ouerthrowe of the whole ecclesiasticall estate by abasing the Ministers of the Church beneath all others and laying infinite burthens vpon them and taking away all rewardes of learning a point which you my masters of the vniuersitie are to looke vnto 12 By ouerthrowing of the Ecclesiasticall state they doe depriue her Maiestie of many thowsands of able and most willing men to doe her seruice and make way to inward faction and forreine inuasion and all manner of heresies and disorders 13 They teach Th Cartw. reply that all magistrates are to licke the dust of the feete of the Eldership 14 They goe about to bring in forreine lawes and forreine and vncouth gouernors 15 They teach that in euery common wealth well gouerned Fenners holy diuinitie there ought some magistrates to be appointed to depose and ouerrule princes if they doe not their dueties like the Spartain Ephori 16 They teach that the prince may not determine any weightie matter Ibidem without the assemblie of the estates 17 They depraue the ecclesiasticall gouernement Martin and religion of this Church and call it antichristian and diuelish 18 They traduce the publike iustice of this land Martin and Epist before reformat no enemie and rayle against the parliament the lordes the Iudges the lawes and whatsoeuer misliketh them 19 They haue confederated themselues together That is euident by theit subscriptions for the ouer throwing of the ecclesiasticall lawes and state and haue subscribed certeine articles for the establishment of new lawes and gouernement 20 Cartwright and
by Fitzherbert For otherwise that writte should be contrarie to infinite other lawes Vpon this error what maruell is it if Crompton a man of no iudgement hath bene deceaued seeing Fitzherbert hath also mistaken such matters Neither is it maruell that lawyers speaking for their clyents doe speake otherwise then lawe For neuer before this time was it heard that the pleading of lawyers shoulde be accounted to be lawe further then they bring lawe and reason out of lawe To make a somme therefore of these matters Master Cooke who now for his manifolde good partes is made her maiesties Solicitor shall yeelde no thankes to this Libeller for bringing his name in question to bee a fauourer of malcontentes and an enemie to the Ecclesiasticall state Neither shall any credite you hereafter for this your notorious belying the Iudges For it is well knowen that the Iudges haue resolutely both condemned the disloyall practises of this sorte of men and also allowed the proceedings of the Ecclesiasticall courtes Nor shall any allowe your malice that with false reportes goe about to enkindle a dislyking among Iudges And therefore vnlesse you set downe the state of the controuersie better and reason more sufficiently both your selfe as an ignorant Put-case and your cause as repugnant to lawe will be condemned Quaere Putcase Quaest 26. if the high Commissioners for Ecclesiasticall causes may cite men Ex officio to accuse themselues in matters neither Testamentarie nor Matrimoniall and may committe the Queenes subiectes to prison especially for refusing to take the othe And whether they ought not to take bayle and whether the writte De homine replegiando doeth not lye in that case Item what satisfaction Doctor Coosin Doctor Stanhoppe and Doctor Bancrofte will make to those that are so wrongfully imprisoned Item whether for that matter they may keepe men in prison without calling them to answere and finally whether they deserue not like punishment therefore themselues Here is great noyse Answere little wooll many wordes little witte much malice little or no reason For the high Commissioners they bee many of them men of great honor and such as will doe no wrong to any nor will proceede without sufficient warrant If they haue passed the limites of their Commission why is not remedie of lawe sought For satisfaction to these doughtie demaundes I aunswere First that no man is called to accuse himselfe but to aunswere accusations obiected by others Secondly that they haue power to call offenders before them and to examine them and that their iurisdiction were vaine if they might not punish the contumacious Thirdly that if such as are committed to prison for contempt might be bayled there were then no meanes to punish a contempt and that offenders put in prison for contempt are not baylable Fourthly that the writte De homine replegiando is not in this case grauntable as all lawyers can tell him Fiftly that they may deale in many causes besides Matrimoniall and Testamentarie Sixtly that the learned men there mentioned haue great wrong to bee thus contumeliously abused by this libeller they hauing done wrong to no man Seuenthly that men committed for disobedience are not to bee released but vpon their conformitie And finally that such libellers as take vpon them to raile at Iudges and to oppugne lawful proceedings are to haue their mouthes muzzeled vp and their malice repressed Quaere Whether any Ecclesiasticall Iudge hath conuented Putcase Quest 27. examined and committed any for matters felonious touching the Queenes crowne and dignitie And whether these practises doe not instanter instantius and instantissimè craue the Praemunire That his companions are in case of Praemunire Answere it is out of question for that they haue contrarie to the prerogatiue of the crowne brought in forreine lawes and forreine iurisdiction of more then papall Elders and made diuers Ecclesiasticall constitutions contrarie to the lawes of the realme Nay it were to be wished that they had onely offended against the statute of Prouisors But their deniall of the supremacie is a further point What then doeth that craue Let him speake in his Proctors stile It craueth consideration and the perturbers of the state craue a wiser Proctor As for Ecclesiasticall Iudges it is well knowen that they doe not deale in matters of felonie their actes are cleare if any man doubt they will refolue him Quaere Putcase Quest 28. whether any may bee imprisoned without warrant of law c. Can this libeller shew any warrant Answere he hath to accuse men vniustly If not why doeth he proceede in accusing and is so slowe in prouing If any be imprisoned vnlawfully the lawe is open Neither needeth he to tell vs of Sir Iohn Markeham in this case For that which Sir Iohn Markeham saith we acknowledge for it maketh nothing for the libellers cause Quaere Putcase Quest 29. whether it be not lesse danger to blaspheme the name of God then to speake against a Lord Bishop And whether moe Ministers haue not bene depriued within this seuen yeeres for ceremonies of men then for dronkennesse whoredome c. If it were so dangerous to speake against bishops Answere as this fellow pretendeth they would not be so reuiled nor reuelled at by such reuellers as this The cōparison which he maketh is odious Moe be punished for abusing the Consistorie then for abusing the name of God more doe these consistorials striue about the authoritie of their seate then about Gods honor But what then because some of them offend will they haue all Consistories abolished And therefore let him cease to talke of Bishops and looke bakeward home to the Consistorie that it be well swept and garnished To the second I answere that none are depriued for ceremonies but such as be rebellious against lawes and with no admonitions will be reformed which contumacie is a most odious crime and further I say that the offences which come to the cognition of ecclesiasticall Iudges are as strictlie there dealt withall as in any other of her Maiesties courtes Quaere Putcase Quest 30. why the Ministers may not refuse to weare a Surplesse as a Bishop to vse a Pastorall staffe Because the one is commaunded by Lawe Answere the other is not The Rubrike whereby they would proue the Pastorall staffe concerneth onely orders and ornaments to bee vsed in Sacraments and seruice of the Church and none other matters but suppose both were commaunded yet is it no plea for offenders to say because Iudges offende in some things that they may offende in others which is the course of these men Belike these are the times wherein offenders cal Iudges to answere and felons giue sentence against their superiours Quaere whether seekers of reformation suffer for religion Putcase Quest 31. and conscience in matters of discipline seeing their life is offered them by bishops if they will recant their opinion And whether the Popishbishops persecuted any that differed
Church and schooles are contemned I would I might not say discouraged they are made markes for licentious youthes armed with malice to shoote their boltes against the lawes are not onely contemned but most boldly oppugned yea with such confidencie that law is now accounted disorder and faction and tumult termed 2 Petition to her Maiestie reformation and libellers in euill time called reformers what resteth for them to worke but that al wise and learned men being put from gouernment the seely sots which these call elders and certaine famous authors of popular faction should be placed in the highest offices or else that lawes being not executed or Iudges crossed in executing of iustice the contumacious might liue as they list wherein they seeke nothing but that eyther the forreyne enemie may oppresse vs or els inward tumult and disorder consume vs. But I doubt not but her Maiestie and all those that beare office vnder her will take speedie order that it is not alreadie taken many do wonder some doe complayne but the clemencie of her Maiesties times and her benigne nature doth afford vs answere she will not haue any complaine that in this case any are punished but such as are obstinate heynous and notorious disturbers of the state because they were not at the first knowen for such shee would not haue them punished for such besides this the height of the stile and the loude bragges they made of their discipline made many beleeue they did it eyther of simplicitie or zeale or error few suspected the greedines of some and malice and ambition of others their notorious hypocrisie could not of long time be discouered but now their leudnes is apparent and their false visage is dismasked let them therefore beware that they abuse not the clemencie of the times or hope for continuance of vndeserued fauour The vanitie of their bragges and weakenesse of their cause is euident to all that are not eyther wilfully blinded or naturally ignorant All the demonstrations of their discipline are discifred and stand confuted they doe not so much as goe about to defend them their whole plots of false discipline lye razed they cannot say a word for them in this late petition wherein they had occasion to shewe their skill they haue not so much as answered one argument brought by vs against them The defence of Bezamade for his Aldermen most weake and simple as in a desperate cause they haue intreated Beza to say somewhat wherein we may see that their forces are spent to the last man yea so spent that they haue no hope of recouerie for what saith he good man hee telleth vs a long tale of his Geneuian deuises hut neyther doth hee answere our arguments nor bringeth scripture fathers or reason for his cause vnlesse wee beleeue him on his bare word the controuersie is at an end call you this answering this is rather the playne ouerthrowe of his cause for while hee went about to answere he hath confirmed our cause saying nothing either for himselfe or against vs but what he in his olde age dreameth where was T.C. that valiant champion of discipline all this while where was W. Tr. W. Ch. D. Sp. could not one of them speake for their cause but they must send to Geneua for a speaker it is too great and notable a confession of the weakenesse of their cause As for him or that I mistake not them that made the petition lately printed and pretended to be presented to her Maiestie on the behalfe of the Puritans they doe not deserue the name of speakers vnlesse it be among Puritans where euery one that can prate is sayde to speake For what say they for their cause their onely reason is because Caluin Beza Daneus Carpentier Golart Perot Tauergues Pollan Sneccan and a number of other authors of whose names and gestes we should neuer haue heard if these mē had not in this cause brought their names to light doe speake somewhat for their consistorie that therefore we are to like of it A goodly reason yet such a one as I thinke they will not admitte against their discipline For albeit Master R. M.B.M.G. M.A. M.H. M.D. M.W. and infinite other learned and good preachers among vs yea such as one of them is to be vaed against many of these ignorant and presumptuous disciplinarians do like of the present gouernment yet are they not therwith satisfied nay albeit all the ancient Fathers and acts of Counsels do like of the auctoritie gouernment of Bishops yet are these fellowes stil contending against it That the same was established by most learned and godly men that in Q. Maries time gaue their liues for the testimonie of the trueth they litle weigh nay they neither care for them nor their authoritie With what face then can they alledge Golart Pollan Sneccan and a number of birdes of like feather and men neither wise nor learned nor that haue ground of antiquitie or reason seeing they renounce not onely the authoritie of our men more learned then they but of our Martyrs more holy men then they yea and all the writings of the Fathers and actes of Counsels speaking of the authoritie and state of Bishops and such a gouernment as we haue In times past they were wont to tell vs of certaine lawes established by God himselfe and made vante that they would proue their discipline out of Gods word Why then are they now mute why are not these lawes and this worde brought forth why are they silent in bringing forth these mightie reasons when all is come to all must we rest on Golart Pollan Tauergues and Sneccans three or foure odde compagnions idle conceits there can nothing be deuised more absurd nor sencelesse Therefore hauing nothing to say in defence of their cause now in a desperate rage they begin to reuell not onely at Bishops but also at Lawes and Iudges and the ordinarie tryals of this Realme The drift of the petition is to shew that Iohn Vdall was wrongfully condemned they insinuate therein that the Iudges were either corrupted or blinded and that the euidence was wrested They say in plaine tearmes that Iudges haue no skill to deale with such fellowes as Iohn Vdall another kinde of man percase then he is taken to be Is hee trowe you any of Hackets or Coppingers consortes to bring Bishops into hatred they haue after their petition collected diuers Articles and by them and by certaine calumnious interrogatories haue gone about to bring them in disgrace with the multitude that if they cannot haue their desire of their celestiall consistorie they may be yet reuenged of such as they take to be the hinderers of their purposes Whose malice to encounter as before I haue answered their cauils against the ecclesiasticall gouernment of our Church to the vtter disgrace of the Consistorie so now hauing other occasions to print a discourse against Bellarmine and forreine aduersaries of our Church I haue thought good to
bolts euen bitter and slanderous words Besides the former the libeller hath also these faultes most fouly hee abuseth scriptures most shamefully hee alledgeth authors most ignorantly hee talketh of lawe and maliciously reuelleth at the ecclesiasticall state in the first page hee abuseth three places of scripture the 1 Prouerb 31. wise man sayth open thy mouth for the dumbe c. by this place he would iustifie his babbling in this treatise but nothing is more impertinent to his purpose then this sentence for the wise man would haue innocents that cannot speake for themselues defended by order and iustice by such as can speake neyther may wee thinke that it was his meaning that euery seditious person shoulde gape and rayle against Lawes and Gouernours for doing iustice or that malefactours shoulde bee defended against lawe and iudges how can then this place agree to his purpose seeing those men whome the libeller defendeth are not innocentes for they were condemned for felonie and tryed according to the lawes of England neyther were they mute when they reuelled against gouernours nor was Iohn Vdall condemned but for speaking too much nor is this busie behauiour of this companion any way allowed nor sedition or libelling priutledged The Prophet sayth further Psal 115. that because hee beleeued therefore he spake which the libeller turneth answere and woulde drawe to this his treatise but it fitteth not for this petition is no answere but rather a rayling libell or challenge neyther proceedeth it of faith but of a foolish disordered conceite of a distempered brayne not yet well seasoned since the authors last bedlem fits and if this bee his beliefe then is his faith built vpon fancie and vpon that which himselfe confesseth he knoweth not Neyther doth it appertayne to his purpose that the Prophet sayth that for Sions sake he will not hold his peace for it is not the cause of Sion Isai 62. nor any good cause but sedition faction fancie conceit and opinion that by him is here defended that to the great scandale of all the watchmen of Sion yea of althat pray for the peace of Ierusalem in the end of his articles against Bishops as if hee were rauished in an ecstasie hee exclameth how long Lord holy and true and saith come Lord Iesu which sentences make much against him for all good men desire that God would trie the cause and that he in iudgement would visite the perturbers of this Church which if once it shal please him to determine to doe then shall hee and such vipers as hee that fret the bowels of the Church which nourisheth them be discouered punished rooted out these may serue you for a tast the rest of his forgeries and forcing of authors shal be touched as they shall offer themselues in their place Neyther may wee thinke that he that maketh so litle conscience to abuse or dally with the scriptures of God hath vsed more religion in handling the writings of men for example to prooue the aldermen of his Church their proceedings he hath alledged Luther Zuinglius Melancthon and many others that are contrarie to these men in their discipline and neuer knewe such aldermen as he speaketh of neyther doth Caluin nor Beza ioyne with him in his seuerall poynts of discipline therefore doth he alledge them in grosse and abuseth his readers with a shew of names the like abuse shall appeare in his quotations of lawe which he by forging and lying maketh to speake contrary to lawe Little doth hee vnderstand of lawe hee neyther knoweth what proceeding of office meaneth nor what is lawe in ministring of othes against which hee argueth neyther any one poynt of common ciuill or Canon lawe of which hee so much standeth but whatsoeuer his knowledge is in lawe his malice in rayling against the state is singuler all which poyntes as they are touched here in a generalitie so hereafter shall bee more particularly layde open and most of his misallegations falsifications malicious slaunders weake proofes and proceedings answered not that eyther the author whose insufficiencie is notorious nor the discourse the weakenesse whereof is too too pitifull deserueth any answere but least that the simplicitie of the ignorant who is easily misled with these great shewes might be abused or iustice be by opinions controlled herein also all men may vnderstand the weakenes of the cause of the Consistorie the boldnesse malice and fashood of the Consistorians and such as contend for it and how fit it were that such as are altogether vncapable of reason should be gouerned if not enforced by lawes The author whatsoeuer he pretendeth for colour proposeth to himselfe to proue diuerse thinges First that the Ecclesiasticall gouernement of the Church of England is to be changed for that doth he meane by reformed Secondly That an Eldership should be established among vs as being a gouernement vsed in the ancient Church and commaunded to be continued in all ages and to the end that his reasons may be weighed he craueth disputation by aduised writing Thirdly he mainteineth that the disciplinarian faction hath not offended against the statute of 23. Eliz. c. 2 and that Iohn Vdal was vniustly condemned Fourthly he would declare That the consistoriall patrons are vniustly slaundered with desire of innouation and their doctrine with disloyaltie or disorder and endeuoreth to excuse himselfe for not declaring himselfe nor setting his name to his petition Lastly by diuers Articles and questions he goeth about to bring the Ecclesiasticall state into enuie and hatred That while men are busie in examining their faultes his clients of the new disguised discipline may escape in the darke and without danger vndermine the estate To meete therfore with his malice and to encounter him in al his turnes I doe purpose by Gods grace to shewe First that the gouernement of the Church of England is most conformable to the practise of the gouernment both vnder the lawe and the gospell and hath testimonie of scriptures confirmation of antiquitie and was neuer gainesaid but of late dayes when factious companions and clouters and tinkers and marchants and men of occcupatiō aspired to Church gouernement and that the cauils and proofes brought by the petitioner against it are fond and foolish Secondly that the noueltie vanitie iniustice and inconueniences of the new gouernement are such as cannot stand with any good or well ordered state wherein also the insufficient pleading of the petitioner for the Consistorie shall be refuted thirdly that Iohn Vdall was iustly condemned and that the platformers are iustly charged not onely with breach of diuers lawes very penall but also with sedition and faction and therefore are most mercifully dealt withall that they are nether in greater number nor in other qualitie punished the vaine glosses that are set vpon their factes and opinions shall be there also wiped away in the last part of this treatise such accusations as the libellor hath brought to disgrace the Ecclesiasticall gouernement
is against all lawe all practise yea against all reason Therefore euen the malcontent disciplinarians that take away the name giue notwithstanding the authoritie of Bishops to their rulers of Synodes in whome if the same were as they say vnlawfull no reason it should bee continued any little time And further vpon the wordes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denying superioritie to Bishops ouer ministers they doe notwithstanding giue an vnbrideled and absolute authoritie to the Consistories These arguments and others which I haue set downe stand vnanswered that which is sayd against bishops may be most easily and hath often bene answered neither doth this vnlettered fellow bring either new arguments or confirme the olde nay he leaueth all arguments which his fellowes haue brought out of scriptures therein shewing good iudgement for in deede it is absurd to thinke that bishops may be ouerthrowen by scriptures vpon which their authoritie is built I wonder with what face after so many proofes brought in this cause hee durst goe about without arguments to ouerthrowe that which hath such grounde vpon scriptures lawes reasons onely for a shewe he hath brought a number of names of * Pag. 10. 11. counsels fathers Churches and late writers but when the matter shall come to triall it shall be found that they doe all forsake him in this cause and that both they and infinite more then these speake against him I answere therefore first generally that it is no good argument that in this cause is drawen from Daneau Tauergues Perot Chauneton Carpentier or other of their faction Secondly that these counsels and fathers and Churches and learned men which he quoteth haue not oppugned Bishops or their gouernement The canons of the Apostles are placed in forefront of this aray against Bishops Can. 6. c. 80. not that they speake against thē but for that it pleaseth the petitioner to make some shewe in the entrance of his matter of apostolicall authoritie in the sixt Canon there is no mention made of Episcopall iurisdiction so that it may appeare that he looked not on the place It may be he meant the seuenth Canon for there both Bishops Priestes and Deacons are forbidden to meddle with worldly affaires and in the 80 Canon Bishops Priestes are charged not to intrude themselues into publike charges But neither place maketh one word against the superioritie of Bishops ouer Ministers nor their authoritie in ordination excommunication and other Ecclesiastical matters for which they are alledged nay contrariwise they giue ordination 1 Can. 2. 36 of Ministers to Bishops and plainely distinguish 2 c. 1. 2. 40. Bishops and priestes giuing to Bishops both superioritie ouer priests and also the 3 c. 40. 41. disposing of the affaires of the Church that Bishops in the primitiue Church were excluded from ciuil charges the reason was for that the Emperors were yet heathen and therefore without danger of impietie none could deale in office vnder them and in those times the offices about collection of the Emperors rentes were 4 ff de decurionib burdensome and dishonorable and therefore no maruaile if Bishops might not beare them last of all they were subiect to accomptes yet howsoeuer it was the Canons forbid not Bishops to susteine a charge imposed vpon them but ambitiously to seeke such charges generally seculer matters were not forbidden Bishops as may appeare in the same Canons 5 c. 41. so that neither doe these places make against our bishops vnder Christian princes in common wealthes wherein they are subiectes as wel as others and by their authoritie helpe their calling yea and the whole ministerie vnder them and no way hurt it neither doe they fit the petitionners purpose For Bishops by their episcopall office doe claime no ciuil authoritie nor doeth it folowe because Bishops may not beare certeine ciuil offices that therefore they are not to exercise episcopall authoritie as the petitionner doeth insinuate Next to the Apostles Canons as they are called hee citeth the 6 counsell of Carthage 19. c. but there do not appeare any Canons to haue beene made in that counsell so wide is the man from his marke commonly his fellowes vse to alledge the 4 counsell and 18 and 19 Canon yet doe not these canons fit their turne for nothing is there spoken against the office of Bishops either in ordination or contentious iurisdiction onely Bishoppes are forbidden to take on them the execution of testaments which notwithstanding hath 1 Concil Chalced. c. 3. exceptions and to bee common quarrellers in lawe which no man thinketh conuenient neyther canon maketh any thing to the purpose were not this man without discretion he would neuer alledge this counsell against Bishops that so 2 c. 3.27 31.55.68 diuersly confirmeth the authoritie of them and condemneth such 3 c. 57 67. libellers and raylors as the authors of this petition Neyther doth the counsell of Chalcedon decree any thing against the state of Bishoppes the Canons alledged onely forbid them as the puritane Ministers whereof some are grasiers some fermers some malsters doe vse to doe to hire grounds which payd rent and tribute to the Emperor or to deale in ciuil affaires or warfare least therby they should neglect their ministerie a pregnant place against diuers of these counterfeit hypocrites that shaking of their Ministerie and disdeining the base accompt of it trade in vsurie marchandise fermes and other such like occupations giuing ouer themselues to serue mammon This counsel maketh nothing for the cause of Puritans for it establisheth the authoritie of Bishops and Archbishops and condemneth such malitious and factious persons as they are that by 1 c. 17. calumnious accusations conspire the hurt or disgrace of their bishops The Petitioner doth also alledge the 6 counsell of Constantinople yet doe we not in the bookes of counsels finde any of that number nor in any counsell holden at Constantinople any thing against the authoritie or dignitie of bishops it may be he mistooke the 6 counsell of Constantinople for the 6 synode yet doeth not that speake against bishops but rather enacteth diuers 2 Synod 6. ca. 9. 10. cannons against vsurie a practise which Th. Cartw. and W. Ch. and others might doe well not to vse and for the dignitie of bishops many 3 Synod 6. c. 31. 36. 37. places To let vs further vnderstand his ignorance hee quoteth the 3 counsell of Turon whereas there were neuer but two there in neither of them any word sounding against the authoritie of bishops perhaps he meant by names of coūsels to face downe simple men or thinketh it no sinne for the glory of the consistorie to lye I beseech him to shewe vs where this 3 counsel of Turon may be found and then he shall haue further answere Beside the new third counsel of Turon he hath deuised a new counsell also of Macra which course if he hold on I
vs with their consistoriall presumptiō and yet did we not deale against their churches For that I wrote against the presbyterie I did it in respect that the same was obtruded to our church by a certaine vnlearned bold Italian that I wrote in Latine the cause was the Italians and Bezaes dealing for their presbyterie in Latine and also to let others vnderstād that our cause is such as we are able well to defend against Beza and all consistorials whatsoeuer and therefore seeing we meane not to obtrude our gouernement to them and so professe in our bookes let thē keepe their consistorie to thēselues and make much of it that it fal not to the ground for it is in very weake case Bezaes simple discourse doth yeeld it no comfort If any doe come forth to reply I do protest it is he that maketh the stirre and not I. and therefore for cōmon ease it were best for al to keepe silence but if they meane to prate of the glory of the consistory which our platformers esteeme as an idoll they must expect an answere and let not Beza thinke that his fond disputes against vs in his late three halfe penie pamphlet shall passe for oracles To returne to the libeller I answere that neither is it true that we handle the matter doubtfully for we are all resolued in our positiōs against thē nor that they hold their opinions resolutely for neither concerning the institution partes authoritie nor office of their consistorie doe any two of them agree neither doth it seeme probable that euer they wil agree they are at such contention among themselues for neither doe they knowe what they would haue nor wherefore Secondly I say that this argument is most simple and mishapen for suppose that two or three should handle the cause of the Church simplie it were no reason for the ignorance and simple dealing of two or three that the Chuch should be ouerturned and that new lawes and lordings shoulde come in place yet this is his wise conclusion because all doe not agree in all pointes that the matter must be called in question and bishops be displaced that certaine coate cardes in short ierkins may come in place to rule all either by their diuine inspiration or else according as Th. Cartw. the oracle of discipline shall determine which reason if it were admitted then howsoeuer we reteine the present gouernement yet shall wee for euer be discharged of the consistorie the patrons whereof contrarie one another most absurdly in infinit places write most irresolutely and strangely Lastly to bring the ecclesiastical state into question He alledgeth first that our lawes expect a further reformation that such as haue written against papistes puritans haue found imperfectiōs in our gouernemēt Which if he meane in the frame of our discipline or in respect that we haue bishops or want consistories he is abused they neither expect such a reformatiō nor auow any such thing by a certaine statute of K. Henry 8 power was giuen to 32 persons to gather into one body such lawes ecclesiastical as were nether repugnant to the lawes of the realme nor prerogatiue royall That they had as the petitioner saith authoritie to correct good lawes or to make new lawes is the first vntrueth The second vn trueth is That D. Cranmer other learned men did collecte the lawes into one booke for the booke that came forth with the title of Correctio legum Angliae was gathered not by D. Cranmer but by D. Haddon and that very simply without iudgemēt insomuch as al men of iudgemēt disliked it afterward himselfe also was ashamed of it nay contrary to the authoritie giuen him by statute he tooke vpon him not to gather lawes together but to gather a packe of new fancies together and to make new lawes coontrarie to the Ecclesiasticall lawes of the realme yea contrarie to equitie and reason as I shall iustifie if any will challenge me for it The lawes of nursing of children and marriages will verifie all that I say yea and his owne testimonie giuen of it Last of all the lawe whereby this collection of lawes was authorised is now repealed and not necessarie For albeit all doe not yet some knowe what is lawe but suppose ecclesiastical lawes that are in force should begathered together doeth it therefore followe that ecclesiasticall lawes must be all changed howsoeuer it is let not the aldermen bragge of these lawes for therein the authoritie of Bishops is confirmed churchaldermen not so much as mentioned they must therefore looke in some other place for in this booke their Consistorial conceites are not to be found In the booke of Common prayer there is a Commination prescribed to be vsed vntil an order of discipline practised in the primitiue Church should be restored But what maketh that for the establishment of the consistoriall discipline which was neither in the primitie Church nor in the cogitation of the authors of that booke the meaning of the booke is onely that the commination there mentioned shoulde be vsed vntil such time as in the time of Lent offenders might be brought to humble themselues as they did in the primitiue Church and that more fauour might be giuen to the execution of ecclesiastical lawes which is that discipline which they desire these felowes withstand and therefore hereafter I thinke wil not call for discipline for if the same were once executed then would not euery contentious person degorge his malice against lawe nor libellers and scismatickes be suffered to declaime against the state nor euery vnlearned mate be suffered to preach false doctrine and reuell at all antiquitie Neither doeth it followe because in the ordination of Mininisters it is saide take thou authoritie to preach the worde of God that euery Minister is apointed a preacher and that none are to be appointed Ministers but such as can preach which is that they desire And this libeller affirmeth for the exception which doth abbridge the lawe is 1 This practise is condemned by the law inciuile est ff de legebus cautelously and malitiously left out wherein he sheweth that his cause cannot stand but by forging and forcing the wordes are Take thou authoritie to preach where thou shalt be so appointed These fellowes disdaine appointmēt would runne before they be sent but vnlesse many had more learning and discretion it were better that some of those that take on them to preach were set to reade and such as runne so fast were made to sit still In Flaunders according to the rules of this discipline they would needes at the first haue euery one to preach but when they sawe the great inconuenience that came of it they put them to reade Caluins homilies on Iob. but suppose that in the point of discipline of Lent or in the number and qualities of preachers we haue not that we desire doeth it therefore followe that the Ecclesiasticall state
must be ruinated and al lawes abolished that the confusion of the Consistorie barbarisme of this new discipline may triumph ouer the church In France and Scotland they want much of that discipline they desire nay the Ministers want meanes pore men to mainteine thēselues and their families yea the Church wanteth sufficient and learned ministers and is glad to vse the ministerie of boyes and vnlearned youthes wanting all thinges saue boldnes yet they will not say that for these disorders or want of their desires it is reason that the ministerie and their aldermen should be changed and all ouerthrowen The 2 1. Eliz. 2. Statutes giue power to her Maiestie and her ecclesiasticall commissioners to appoint orders for the ornaments of the Church doth it therefore follow that surplesses and other ceremonies are to be abolished By like reason a man may couclude that all lawes are entended to be taken away because the prince and parliament haue authoritie so to doe a reason well beseeming such sencelesse felowes as vnderstand no reason for nether is the consequent good a posse adesse nor if the conclusion were granted would this man obtaine his desire concerning his consistorial discipline for albeit alteration be made in the ministers apparel yet may the same be made the state standing and the consistorie falling to dust so that if he looke for no other alteration then that which is entended by our lawes he his consistorie may goe and consider vpon some better reasons In the meane while hee saith that some of our chiefe defendors of religion against the papists confesse That diuers abuses in ceremonies and discipline were tollerated among vs the church yeelding to the infirmitie of the weake which were to be altered when people grewe to riper knowledge Wherein as in other things he dealeth falsely for neither is it true that 1 Fulke retent pag. 98. Doctor Fulke saith That our ceremonies or discipline is to be altered nor is he though a most learned man one of our chiefe defendors But suppose it were granted that he then thought that some alteration in ceremonies and discipline were to be admitted doth it therefore followe that the church must be spoyled bishops and ecclesiastical persons put frō their charges and a sort of hungrie cormorants brought into gouernement againe suppose this one man in his youth were of some strange conceite cōcerning the euerlasting blessed consistorie yet doth not one make a number where then be the rest forsooth in the intention of the libeller that is now hatching of newe heresies Can. 20. and fooleries But saith hee the bishops confesse in their canons that non residencie is a filthie thing and diuers confesse that lay men should not meddle with excommunication and that diuers lewde and vnlearned Ministers haue entered into the Church which were it supposed to be true yet addeth nothing to the cause of the consistorie for we deny not that men be men that there be faults in the execution of lawes therefore such as offend are to be punished not as this discrasied disputor would cōclude al lawes to be abolished a new gouernmēt to be erected in the law we denie that there is eyther impietie or abuse in men we doe not deny nay wee wish that such as giue scandale were remoued that by their defaults the commō cause might not be hurt if the consistorial faction could cleare themseluelues of impietie abuse in their gouernmēt it would be better for thē but they must thinke that there are faultes among them aswel as among others that they are no angels but men yea and many very odde men and men made of very strange humors Master D. Cosin confesseth that the punishment of adulterie is too milde and others be of his opinion for we do not say that euery point of lawe is so perfect or that things can be so stable that there can be nothing added or detracted if they should say so of their consistorie as some men douteth not they should but make a great leasing as is euident by the particulers of their gouernment what then will the libeller conclude of this our opinion doth he thinke that his consistorial discipline must come in place if he do he is abused for the imperfections impieties iniustice thereof is to to notorious That in the consecratiō of bishops the pastoral staffe laying on of the bible is cōmanded by law to be vsed is one of the libellers lewd vntrueths for no such thing is foūd in the booke of ordeining of ministers neither doth any other lawe commande any such matter but suppose it were cōmanded the same were omitted were it reason as this libeller auoweth because the archbishop vnto whose discretion many things are referred by lawe omitteth some ceremonie that therefore euery contentious companion should breake all orders let this be put among the cōclusiōs of discipline or rather disorder for such in deed is this discipline a scholler would rather haue cōcluded that he ought to be forced to obserue law thē that others because he breaketh law in one point should take occasion to breake law in all to cōclude his vnsauery tale against the ecclesiastical gouernment he saith that a 1 Aduertisement to the Church of England c. lerned man friend to the bishops noteth as abuses their vrging of subscriptiō their othes ex officio their excōmunicatiō for trifles and easie silencing of ministers wherein he saith not amisse concerning the gentlemans learning for in deed he is both graue learned now vnderstandeth and hath learned that neither in subscription nor examination of parties vpon their othes ecclesiasticall iudges doe any thing against either lawes of God or men or reason nor that any is excommunicate for trifles or minister silenced but for good cause and by his owne default nor that subscription is a new deuise being vsed in most ancient counsels and with great rigour exacted at Geneua and in all France which I would also haue the libeller to learne and also to speake the trueth and to deale honestly for no man is excommunicate in ecclesiastical courts but for 1 Quo minor culpa co maior contumacia Beza aduers Erast contumacie neither is any put to silence but such as shew themselues rebellious but what if some abuse were would not reason require that the abuse should rather be taken away then that there should be made a dangerous innouation in state these things considered I referre to euery mans iudgement what maner of disputor this felow is that either speaketh no trueth or els alledgeth such matters as make not to the purpose that the fathers or counsels yea or late writers of name speake against such Bishops as we haue is vntrue that some malcontents haue declaymed against the state is not denied that there are abuses in execution of lawe therefore our lawes to be abolished and the consistorie to be
came neuer in prison That which the libeller here inserteth againe of other churches whome hee would haue vs to conforme our selues vnto he would neuer haue mentioned if he had vnderstood the grounds of his owne discipline for them selues say that all 1 Discipline de l'esglise Francoise Churches be aequall and it is apparant that euery christian realme and Church is to be gouerned by her owne lawes but these bee the fellowes that would translate the Popedome to Geneua and haue vs fetch lawes from new Rome Seeing then that Iohn Vdall and his compagnions haue mainteined a lewde and fond gouernment neuer heard of in antiquitie and by wicked forgery and lyes haue gone about to disgrace the present state and the gouernours and haue rayled against her Maiestie and lawes and that the Libellers defence is most friuolous it can not bee denyed that they haue written maliciously to diffame her Maiestie And good is were they had stayed in writing but they would not be ruled for T. Cartw. Ioh. Vdall and others were acquainted but too well with Hackets conspiracy His third exception against Iohn Vdals condemnation is for that he wrote not against her Maiesties person But the same is very friuolous for the Maiestie of a prince consisteth in his power lawes gouernement and not in his particuler person or priuate qualities or behauiour Neither are the papists punished for speaking against her person but speaking against her supremacie and lawes Therefore seeing hee confesseth he wrote against her lawes and gouernement hee must also confesse that hee offended against the statute that made it felonie to write malitious diffamatory matters against her Maiesty The preamble declareth as much for that the same pretēdeth that certain persons euil affected to her Maiesty should be suppressed In which number these that would disanul her gouernment and would bring her in subiection to Hackets prophets or the prophetical consistory are especially to be reckoned it was the special meaning of the parliament that the malepartnesse both of papists puritans should be repressed as some there present in parliament do witnesse Neither is it material that penal lawes are of strict interpretation for expound it as strict as you wil. it cannot bee but those that diffame her Maiesty any way either in person or gouernment must fal within the compasse of the statute That which is brought of the statute of 13. Eliz. c. 1. and 1. 2. of Mary 3. is idle talke and concludeth nothing neither is it true that those that account her Maiesties religion lawes heretical and schismatical are without the compasse of the statute that maketh it treason to call her Maiesty schismatike heretike fond likewise it is that he talketh of stealing of horses and contrary to his purpose Seeing hee mainteineth a cōpany of asses that would encroch vpon her Maiesties gouernment steale away thé hearts of her people But saith he her Maiestie is a body politike in fiction which is vntrue for shee is in trueth a politike bodie That is hath a resemblance of a body truly But were she not a politike body at all should it be lawfull to diffame her lawes and gouernement This exception therefore is beside the lawe for be she body politike or no if her Maiestie be diffamed then is an offence committed against that statute Againe he obiecteth that if it be a diffamation of her Maiestie to speake against her ecclesiasticall lawes they should also diffame her Maiesty that speake against the eldership which is an argument like to the resolutions of the eldership that is senceles foppish for admit her Maiesty tollerate the french Church yet doth she not confirme their french lawes no more then they of Geneua confirmed the orders of the English Church at Geneua nor do other confirme cōtrary religions which for some occasions they tollerate so that to speake against the absurd gouernement of that 1 In king Edwards dayes the Churches of strangers were subiect to their superintendents in this Queenes time to the bishops of Canterbury and London against whom while vnkindly they spurne they shewe themselues vngratefull not only vnmindfull of her Maiesties benefits company that contrary to law and couenant haue exempted themselues from the bishops gouernment and erected synodes is to speake in defence of her Maiesties lawes and not against them whereas these fellowes offend in direct oppugning all her Maiesties ecclesiasticall gouernment Sixtly he inferreth because it is not treason to kill bishops or other subiects nor felonie to write or to speake against bishops gouernment that therefore her Maiestie is not diffamed when they are diffamed A reason rather to kill the libellers cause when al men see his malice and ignorance then to hurt others for no man saith her Maiestie is diffamed because libels are writtē against bishops or others but because the same libels doe touch her maiesties gouernment lawes and that not in one or two points but in the very whole body gouernement ecclesiastical of her maiestie and that in most disordered maner and that the authors therof are therefore punished for perturbing the state not for their fond opinions of discipline Neither doth the libellers friuolous talke of politike mēbers or of diffaming the Dukes of Saxony or high Almaine pertaine to this purpose The seditious bookes of the disciplinarian faction haue bene intended against her maiestie nor the Dukes of Saxony or kings of Denmarke albeit they touch them in some sort that maintaine the superiotity of bishops also He saith also that the intention of the parliament was not to protect bishops as if they meant not to maintain the lawes state But admit it be true yet it maketh neither hoat nor colde to this purpose for these seditious fellowes are not condēned for speaking against bishops but for that arguing against them and the ecclesiastical state they proceede in such violent sort that they neither spare her maiesties honor nor her gouernment in ecclesiastical causes that the meaning of the parliament was to represse the malice of puritanes is most certaine for it was expresly mentioned at the time of making the act by diuers of the house and therefore iustly are they to be punished by that statute Further he taketh exception to certain canōs in vse as he supposeth as that womē may not sue their husbands for adultery c. that spiritual kinred hindreth mariage others concerning excōmunication fasting therefore concludeth that if it be lawful for some to find faults with thē yet do not diffame her maiestie that I. Vd. diffamed not her maiestie but both his reason is naught his iudgemēt in law simple for albeit men are not accoūted diffamers of her maiesty that reprehēd some law with modestie yet can no man cal her maiesties gouernmēt antichristian nor raile against her lawes gouernment as idolatrous superstitious without diffamation of her maiestie Nor is the sufferance of
some mē that deale modestly a cloake to couer seditious persōs that deale factiously maliciously The lawes canōs which he mētioneth are vtterly mistakē Behold I pray you the mās simple skil first saith he there is a 2 32. q.r.c. apud law that womē should not sue their husbāds for adultery But in the place he quoteth there is no such matter nay which is worse Gratiā whō he quoteth hath no authority of law In that place there is mētion made that the womā shal not accuse her husband for adultery to haue him put to death which this wisard vnderstood not but thought thē to be forbiddē to sue their husbands for adultery But the 1 Gloss ibid. glosse telleth him that the contrary of that is law and the practise of ecclesiasticall courtes is contrary and so hath alwayes bene and many at this day doe sue their husbands in causes of diuorce for adultery The 2. 2 24. q. 2. c. vlt. Canon which he citeth and affirmeth to be contrary to Gods lawe is that heretikes after their death shoulde bee excommunicate But first it doth not appeare that it is lawe with vs. for as I haue already told him Gratian is no law So that I cannot but wonder what blockish conceite came into this mans distempered braine to talke of canon law that knoweth not what is law Besides it doth not appeare that this was practised before the statute of 25. H. 8 19. lastly the same is not cōtrary to Gods word for to the memory of wicked heretikes such as Arrius Eutyches Nestorius Macedonius Paulus of Samosata we say Anathema And if the libeller say not so he is a looser companion then I tooke him for The 3. Canon that he 3 30. q. 3. c. pitatium affirmeth to be cōtrary to Gods law and not to ours is that spirituall kindred shal hinder mariage But both is the same direct cōtrary to our lawes that only respect the degrees of cōsanguinity affinity such like as are mentioned in Leuit. not to Gods law where they list to vse it we allow no degrees of kinred to hinder mariage but such as are noted in Leuiticus Nor is it an offence against Gods lawe for some ciuil or domestical cause other then degrees of kindred to forbid mariage for some time with some persons And therefore they of 4 Ordonances de Geneue Geneua albeit they account the mariage of cosins germaine lawful yet thinke them not conuenient He alledgeth also certain canons that enioyne Clearks to fast 7 whole weekes before Easter forbid them to fast on thursday But that they were vsually obserued in England before that statute he sheweth not Neither doth he rightly quote the places So that if these malecōtent disciplinariās meane to speake hereafter against ecclesiasticall lawes they must sende vs foorth some wiser man then this libeller to speake in their cause for hee is but a simple fellowe to dispute and vnderstandeth iust nothing in lawe and very little in honestie That in king Henry and king Edwardes dayes order was taken for the collection together of lawes in vse is granted but that they meant to correct lawes in vse which this libeller doeth insinuate or did confesse that there be infinite corruptions in ecclesiasticall lawes which he affirmeth cannot be proued I will not longer stand vpon this point for that I haue spoken of it already and the same is beside the libellers purpose which should proue that Vdall and his consortes offend not against the statute of Eliz. 23. aboue mentioned But his reasons are all too weake for eyther stand they vpon false groundes or else are they mis-shapen and euil featured That which he saith of Wickleffe Suinderby Tindall Hooper Barnes Latimer and others whom he chargeth with speaking against the state of the Church and common wealth is vtterly vntrue let the places be shewed and their wordes set downe For in these that already are brought forth there is no such matter conteined they doe not call our lawes antichristian nor disgrace the gouernement of the prince nor condemne the superioritie of bishops nor raile at the preachers of the Gospel and gouernors of Christes church they neuer framed libels nor inuectiues against the state nor euer sought to haue a new found gouernement established in the church and albeit they inueigh against the manners of men and corruptions of those times yet shall you not finde any that hath written in Martins satyrical and doogeon stile nor that sought to haue either Church or state turned vpside-downe or committed to the direction of the common sorte compare them with these late rimers libellers and firebrands of sedition you shall see a wonderfull difference Further saith he some finde fault with the forfeiture of traytors landes some with the short returne of writs others with pluralities of fermes and engrossing of Mannors others with racking of rents and diuers other lawes and customes admit they did yet is not the fact of one an excuse for the offence of others we liue by lawes not by examples But it cannot be shewed that any euer so raged with malice against lawes as the Martinists did and doe those percase spake against some one or two lawes and that modestly submitting themselues to the controlement of their superiors they railed not against gouernors nor lanced them with malicious libels nor sought innouation but redresse of things disordered to all these examples therefore of Wickleffe Suinderby Hooper Barnes Latimer and those that haue found fault with some abuses in lawe I answere first that it is one thing to desire the reformation of some one abuse and another to desire the subuersion both of all ecclesiastical gouernors and lawes which cannot be without a dangerous innouation of state secondly that the course of the proceeding of those that haue spoken against mens manners and some one lawe is farre different from these mens doings and writings that striue for the new kingdome of the Consistorie lastly that Wickleffe Suinderby Tyndal Barnes Hooper Latimer spake against the corruptions of papisticall Bishops both in doctrine and manners yet neuer did they seeke for a new consistorial gouernement nor did they libell against the gouernors the lawes the state This is but the Consistorian stile lately founde out and practised by lewde lozels and satyricall backebiters of good men for which if no other punishment be laid on them yet they shall surely answere at the last dreadfull day if they repent and amend not Further it is a shamefull course though greatly pleasing these mens humors to take that which good men spake against pompous and tyrannicall Bishops that gouerned at pleasure and gaue ouer preaching altogether and to apply the same against Pishops that neither so excell in wealth but that many base scriuanos and marchants yea shoemakers and taylors surpasse thē nor in power but that meane companions abuse them are not popish tyrants but preachers of the
the state nor are the women he frequēteth so honest as Rahab nor is it a seemely matter for such a braue challenger to make a brag so to run away nor decency for him that preferreth a supplication to the Queene that kneeleth before her Maiestie to hide himselfe his name nor can it stand together that a man should kneele before her Maiestie and yet conceale his name and person He promiseth when his apparance shall be found more profitable then his concealement that he wil come forth and try himselfe a proper man but he had best come forth in time lest if as he saith he be in concealement some one or other begge him of the Queene for to her belong both concealements and the custodie of Ideots He braggeth that he williustifie his wordes in such maner and forme as he hath written them but goodman he neither vnderstandeth what he hath written nor hath furniture nor stuffe in him for so hard an encounter for hee holdeth more of Luna then Mars and is rather lunaticall then martiall It is not long since his Bedlem fits left him Of Logicke he hath no taste nor yet of Diuinitie why then should he like a desperate sotte or like a man without armes or order of warre venture into so dangerous a battell His good masters are quite fled out of the fielde and all their newe disciplinarian deuises are vanished away like cloudes and onely remaine in certaine idle mens braynes who may in time percase disgest them and therefore if this sentence nubecula est citò transibit please him let him write it vpon the doore of the consistory for like a cloude it hath bene lift vp and like a cloude it hath bene tossed with contrary opinions and like a cloude it is almost vanished away And thus much concerning the petition Now let vs consider his Articles and Questions not that they conteine any new matter for both his petition articles and interrogatories proceede from the same malice and tende to one ende and conteine the same odious accusations against the State but for that wee meane not to leaue vnto these men any shadow or pretence for their cause If the same things bee often repeated blame him that so often obiected the same not them that answere their calumnious and vayne obiections accusations are often odious defence of orders and lawes cannot but fauourably be esteemed WHEREIN IS CONTEINED AN ANSWERE TO CERTAINE Articles and Questions annexed to the foresayd Petition wherein the Libeller hath spread diuers slaunders against Ecclesiasticall gouernours and their proceedings The Title to the Articles CErtaine Articles wherein is discouered the negligence of the Bishops their Officials Fauourers and Followers in perfourmance of sundry Ecclesiasticall Statutes Lawes and Ordinances royall and Episcopall published for the gouernement of the Church of England Answere THE Libellers purpose was in pretence onely to defend but I perceiue albeit beside his purpose now he meaneth to strike and offend and that in treason and in the darke when no man can strike him againe A common tricke of Libellers that deuise what reproche they can against such as they hate and publish them then renounce them So this fellowe goeth about to bring bishops in disgrace then all those Ministers that liue in obedience of Lawes But he meaneth not to stand to the matter for he concealeth his name Well let vs see what he saith against Bishops and other Ministers and ecclesiasticall persons Much it should seeme he cannot say for he is ignorant what are Ecclesiasticall lawes and by what autthoritie they stand and calleth them Ordinances royall and Episcopall when it is euident that there is no lawe in England but Royall and that no bishop may make any ordinance or Lawe Article 1 By the statute 25. H. 8.14 it is accompted by the Parliament against equitie due order of iustice to bring any man in danger of his life name goods or landes by any intrapping Interrogatories without verdict witnes presentment or confession c. for making printing or dispersing of seditious bookes sundry other grieuous crimes c. Answere Neither is the statute truely reported nor is it proued that the bishops or their officers proceed cōtrary vnto it or other lawe concerning that poynt as this false accuser pretendeth For the first it is euident for that which the statute decreeth cōcerning heresie this accuser trāsferreth to printing writing seditious bookes as if it were to be presumed that as innocents by that statute were deliuered from trappes of heresie so such seditious offenders libellers were protected by law against law whereas there is no mētion nor intendment of any such matter in that statute The second appeareth for that the Accuser doth not once charge the high commissioners at which he aymeth with breach of this statute He knew very wel v t there is nothing in their proceedings contrary to this statute For they do not as this libeller surmiseth minister captious interrogatories Secondly they do proceed to punishment against none but conuicted by lawful witnesses euidence or confession neither otherwise then by warrant of their commission which I would gladly see the libeller whether he dare to oppugne That which is set in the side Of oath ex officio perteineth not to this matter for in this statute there is no word cōcerning any oth And therfore he that put the same there did like him stroke a faire blow but touched not his aduersary Article 2 All men are baylable that are not prohibited by law to be bayled 2. West c. 15. Answere These words are not found in the place quoted nor any of such nature no nor in any other place Percase the Libeller meaneth as wel to forge new lawes as new religion If he meaneth the statute made at West 1. Ed. 3. c. 15. yet is there no such matter for there we find rather who are not to be bailed then who are to be bayled which is to be gathered out of the statutes common lawes against which if he wil charge the honourable persons of the high commission to haue proceeded why doth he not note the fact and time other circumstances If hee thinke that either those that are taken by the writ de excommunicato capiendo or such as are committed by the high cōmissioners ecclesiastical for contempts are bayleable he neither vnderstandeth law nor statute for law auctoriseth both And if it should not then would penalties be frustratory and offenders be rather protected by law then by lawe punished Article 3 No officiall nor other officer should take any more thē three pence for the seale of a Citation els they forfeit double costes c. Answere Why doe you not sue them vpon the statute if they take more you might make a goodly gaine in promoting of matters against them but you will not your proofes are so sclender That Officials others do take more then they ought for seales of processes I
know not if they doe I defend them not But sure I am that no officers take lesse To let others passe I know certaine Pettifoggers and Scribes like the forgers of these articles that by taking are growen to wealth and a Scribe that for signing and sealing a letter hath had not three pence but three pounds and a good gelding for expedition neither is any thing more vsuall then the bribery extortion and coosinage of these companions that are most busie in watching and accusing of others Let them therefore take heede that they may be able to cleare themselues and for ecclesiasticall officers that haue taken more then ordinarie spare them not In this taking worlde it were good that takers of all sortes were looked vnto Article 4 No forreyn constitutions c. haue any force in our state 25. H. 8. cap. 19. yet the Bishops in their consistories practise Romish and Imperiall constitutions Answere In these few words many great faults are cōmitted first he iumbleth Romish Imperiall constitutions together as if the same were both one or as if the law of the Pandects were called Constitutiōs secondly he calleth her Maiesties lawes forrein lawes making this realme crowne to depend vpō forrein power which is derogatorie to her Highnesse auctoritie and contrary to practise of Lawe For whencesoeuer any lawe is deriued yet is it the lawe of that countrey where it is practised The lawes of the Romanes for the most part were borrowed of the Athenians and Spartans yet were it absurde to call the lawes of the twelue tables the Lawes of the Greekes Thirdly ignorantly he supposeth that the statute condemneth forreyn lawes yet doeth it not speake of any forreyn lawes but onely of the ecclesiasticall lawes of Englande the equitie whereof is so apparant that if twelue Consistories and so many Scribes and Proctors should all ioyne their heads together yet could they not deuise any one lawe so equall as the worst of these that are in vse and those that haue gone about to make other Lawes and correct the olde haue committed such errours as their friendes may bee greatly ashamed in their behalfe The Ordinances of Geneua and articles of French discipline and that pelfe that ours call Holy Discipline shall testifie this to bee true as by particulers I will shewe when neede is Lastly they charge the Bishops for putting in vre forreyn Constitutions and yet cannot name one 1 In their meetings at Warwike Cambridge Oxford especially when the new discipline was vpon forging But if the Bishops offende that execute her Maiesties Lawes howe will this Accuser answere for his Clyents that haue in secrete conuenticles enacted and also practised Canons and Lawes directly contrary to her Maiesties Lawes and Prerogatiue and therefore are to suffer imprisonment and pay fine at her Maiesties pleasure by the same statute they alledge against vs. Article 5 Such Canons and Constitutions onely as bee not repugnant to the Lawes Statutes and Customes of this Realme ought to be put in practise 25. H. 8. c. 19. But the bishops giue sentence in infinite matters which would be otherwise ruled by the Common Lawes Answere If the Bishops or other Ecclesiasticall officers should deale either contrary to Lawe or without warrant of Lawe they coulde not escape punishment hauing so many spitefull eyes to watch ouer them neyther if they should attemptit would the reuerend Iudges which are to grant prohibitions in that case permit it If they doe against the lawes of the Realme why are not the lawes named and men charged and the fact noted This silence of the babling accuser is their sufficient discharge and his vaine discourse voyd of reasons a condemnation of his babbling Article 6 The Bishops haue reckoned such men as haue bene ordeyned ministers in reformed Churches to be lay men Answere All haue not so reckoned them yet if they had they had not done it without cause for they thēselues say the bond is only mutual betwixt the minister that particular congregation whereof he is made minister and that one congregation cannot appoint ministers for another and our lawes allow none but made after our orders Why then do not new made ministers packe away to their makers Why doe they run away from their congregations like recreant souldiours from their stations Here they haue no calling Both popish priests and they alike may wel be accounted with vs to haue no calling being both by their owne doctrine and by the statute of 13. Eliz. c. 12. debarred from the ministerie and for their hatred to the Church most vnworthy of any ecclesiasticall function or to liue in the Church which with all their might and malice they haue oppugned Article 7 The law requireth a subscription to articles of religion onely that concerne the confession of true faith and doctrine of sacraments 13. Eliz. c. 12. The bishops vrge a subscription to the bookes of homilies and diuers ceremonial and transitory matters neyther concerning faith nor sacraments Answere The statute requireth subscriptiō to the booke of articles and euery article therein conteined among therest to the doctrine cōcerning our ecclesiastical regiment Homilies that is cleare by the words of the statute that mētioneth the booke and al the articles therin conteined and by interpretation of the most learned lawyers And if it were not so thē would it followe that a great part of that booke which the parliamēt meant to confirme is voyde which were to euert lawes by cauils as these doe not to interpret lawe Neither doth it helpe the platformers that the title of the booke is Articles concerning faith and sacraments For things are denominated of the greatest part and in our account matters of gouernment are directed by the word of God which is the ground of faith Neither woulde it bee taken if any papist should take exception to any article in that booke and not subscribe for that it apperteyneth not to faith nor sacraments Besides the allowance of lawes and statutes the Bishops for this subscription that is required vnto three articles haue sufficient warrant In vaine therefore woulde the articulators oppugne lawes by law and disloyally doe they spurne at her Maiesties authoritie yea in cases wherein they cannot take any iust exceptions bluntly subscribing to al the fond discipline of Geneua to the which wee can take so many sufficient exceptions But if it be such a fault to make men subscribe to lawes whereunto euery man is supposed to yeeld his consent in parliament and whereto euery one ought to obey what punishment doth T.C. and his bold companions deserue that subscribed to canons constitutions made in a corner directly ouerthrowing her Maiesties supremacy ecclesiastical lawes a great part of the lawes of the realm if they were receiued And if subscription bee so heynous a matter why is it required at Geneua in France to most simple orders not for gouernement but for the vtter debasing impouerishing and
4 5. Eliz. c. 1. Ex officio by any Ordinarie to a Clarke the refusall whereof is verie penall In the register in the title Consultation diuers cases are founde where the Iudges ecclesiasticall procceding ex officio is allowed Why then may not ecclesiasticall commissioners proceede Ex officio and minister othes For that which this accuser sayth that for matters of felonie they examine men vpon their othes is false For with these cases they doe not meddle If the articulator can proue they doe why doeth he not declare it seeing he may thereby procure them that hurt which he desireth Article 12 No man shoulde be cited to a spirituall courte to depose therein as witnesse For this is extortion and tort to the partie Fitz. iust ofp. p. 172. Cromp. 219. Answere Neither is any cited ad iurandum or to depose but ad testificandum which neither the author of the Articles nor any else can deny to bee lawfull For neither is this libeller nor any man to bee credited without an othe Somewhat this smatterer hath heard but hee cannot cite it right For both the Register and Fitzherbert the author of this opinion doeth allowe othes in causes testamentarie and matrimoniall And it is the common practise and euer was in all causes and courtes And himselfe confesseth so much in the next accusation But the obiection he cannot hit When hee obiecteth right hee shall haue his answere more at full Now it is sufficiēt to say that which euery lawyer that knoweth any lawe can tell him that seeing by the lawes of England many causes are heard in Ecclesiasticall courtes which cannot bee decided without witnesses the calling of witnesses is necessarie Article 13 No Bishoppe ought to appoynt a man to appeare before him to take an othe ex Officio sauing in matters of marriages and willes Answere Many wayes the ignorance of this man that would gladly shewe his skill in lawe appeareth For wee say not in termes of lawe that a man taketh an othe ex officio but that the Iudge proceeding sometime Ex Officio sometime otherwise doeth minister an othe to the partie Againe the bishop doeth not appoynt men to appeare before him but calleth them by proces of lawe But these are but errors in termes A grosser fault it is that he mistaketh lawe For not whatsoeuer Fitzherbert setteth downe is lawe in this case especially of prohibition For nothing is more ordinarie then to reuerse prohibitions by consultations The meaning of the wordes of Fitzherbert or rather of the Register whence he drewe his writte was That men should not bee called into ecclesiasticall courtes to confirme any contract concerning goods or chattels by othe by which meanes the ecclesiastical court encroched vpon other courtes Onely causes Matrimoniall and Testamentarie in that case for to other it cannot bee extended were excepted That in matter of Tithes and other causes men answered vpon their othes is euident for that the 1 Art Cler. 9. Edw. 2. c. 12. Kings tenants as well as others answered before Ordinaries and were by them also excommunicate for their contumacie In matters of Tithes the 2 27. H. 8. contemners of the ecclesiasticall processe by statute are condemned and may bee forced to obey And in another statute it is decreed That the 3 32. H. 8. Ordinarie may conuent such as withholde Tythes according to to the lawes ecclesiasticall Likewise the ecclesiasticall Iudge may by statute proceede against those that 4 Eliz. c. 2. violate the lawes concerning vniformitie of Common prayer yea Fitzherbert 5 Nou. Natur breu fol. 63. graunteth that an ecclesiasticall Iudge may exact a caution iuratorie before he deliuer a man that is in prison vpon the writte De excommunicato capiendo False it is therefore that this bolde and blinde bayarde sayth That byshops boldlie presume against lawe Nay he and his companions boldly presume both against lawe and common humanitie for both doe they runne into fellonies and treasons and also speake against lawes and defend their doinges and raile against others that gently put them in minde of their faultes Article 14 Morning and Euening prayer should be read euery day throughout the yeere but are not Answere How knoweth hee that Morning and Euening prayer is not said If he had frequented Churches so diligently as he ought to haue done he might haue vnderstood the contrary But where it is not said I thinke he liketh vs not the worse for that For no sort of men I except not the Iesuites doe more bitterly raile against our booke and order of Common prayer then his consorts doe And yet this wil I proue that the worst of those prayers are more Christianlike then their extemporall prayers made of broken sighes and sentences for the most part and full fraught with malice and other passions To say nothing of confusion But suppose prayers were not said euery day let him shew where they are so commanded For the Communion booke commandeth them not so peremptorily to be read as the accuser anoweth but alloweth the Curat to omit them when he is lette either with priuate studie or other necessary busines which exception he hath quite forgotten and left out as for Prayers they be in most places vsed and would be more if they were not by these contentious fellowes despised Article 15 The Curate must tolle a Bell yet doeth not he but the Sexten Answere A bloudie fault and great pitie that the Presbyterie with their bels and bables were not admitted if for nothing else yet to take order that belles might bee tolled The preface to the Communion booke doeth onely will the Curate to doe it or to appoynt one to doe it And so it is in most places And if he did it not yet is he not in fault but the parishioners that against his wil appoynt a Sexten that is not at his commandement This Article tendeth as all the practises of puritanes doe to the disgrace of the Ministery whom they would put to all base offices and yet you my masters of the ministerie both see them and suffer them to abuse you and your function Article 18 The people are to answere the Priest and to say Amen Yet doeth the Clarke answere alone in most places Answere If this Accuser had good matter he would not spare that taketh such paines to finde a knot in a rushe picketh quarrels where no cause is For both it is false which he saith that the people answereth not and were it true yet is it not the bishops or others fault but the peoples that will not attend the prayers and say Amen Percase some are phantasticall persons and condemne our forme of prayers some are phrenetical and vnderstand not more fitte to be prayed for then to pray Article 17 Where there is singing there the lessons should be sung in a plaine tune c. Answere Nothing doeth more displease the puritans then church-musicke and singing yet this accuser
is offended with not singing which he affirmeth to be no small peccadillio So neither singing nor saying pleaseth them What then is best for them Forsooth silence That any doeth offend in this point when hee is put to it he will not be able to iustifie Article 18 The names of the Communicants before they receiue should be signified to the Curate yet this is not regarded in most places Answere That is not the Curats fault but rather of those that should signifie it if any be Let the Communicants therfore signifie their names The curates to please his maship shall be alwayes readie to open their eares which notwithstanding will not make for the libellers aduantage for if his name be brought hee will be vndoubtedly repelled for an vncharitable person vnsit to communicate among Christians Article 19 Notorious lewd persons be admitted to the Communion yet should the Curate repell such Answere If they doe repell such as it is notorious then is this libeller a notorious lyer yea a lyar and slaunderer in print But hee percase counteth those men notorious offenders which any one suspecteth Which if it were true then are most putitans notorious lewde persons that are commonly suspected for such and not without cause For further answere I say that such as by sentence of the Iudge are pronounced culpable which are in deede notorious offenders are repelled and that to repell others were a course full of disorder and iniustice And lastly that hereafter such notorious rayling puritans as doe slaunder religion shall bee better looked vnto and be repelled both from the Communion and all honest mens societie being enemies of learning and scandales of religion Article 20 The Minister shoulde vse the ornaments appointed by King Edwarde Answere And doeth he not so If any doe otherwise it is of the factious sorte that deserueth punishment But saith the libeller the Clarke doeth also weare a surplice As if it followed because the Clarke weareth a surplice that the Minister doeth not All like as if a man should conclude because Giles Wiggington hath some little witte that this libeller hath none The meaning of the lawe is that such ornaments shall be vsed as were appointed by king Edward where other order should not be takē For later lawes abridge the former If then the accuser can shewe that lawes are not herein obserued he shall doe vs great fauour to name the offenders Article 21 In Cathedrall Churches the Communion should be ministredeuery Sunday at the least Answere If often Communions be commendable then is our Church to be preferred before that of Geneua that communicates onely quarterly Better therefore it were for malice to keepe silence then to say that which is nothing Let him if he can detect those that are culpable Article 22 The Godfathers doe not their duetie neither doe Bishops vrge them Answere Let him shewe that Bishops may doe it by lawe and then reproue them for not doing their duetie If it be left to the conscience of Godfathers to doe their dueties why should the Bishops be charged with other mens faultes Forsooth this libeller meaneth to lay all faultes on the Bishops backes I would to God for my part there were no faults but in Bishops so farre am I from enuying any mans puritie But this puritie I feare is but hypocrisie For many puritans mislike Godfathers and are very impure in life and conuersation Article 23 Bishops are commanded to confirme children yet fewe doe it Answere The puritans commonly deride Confirmation albeit a most auncient and Christian ceremonie This fellowe chargeth Bishops with a great fault for omitting it How will these agree Nay how will this companion verifie his assertion being most vntrue But if any bishops doe not confirme children it is because certaine factious persons haue perswaded the people to refuse it and that verie wickedlie not onely fantastically Article 24 Curates doe not instruct seruants and youth vpon holydayes Answere Causeles doeth this accuser barke against Curates seeing he cannot charge any particuler If he can let him call him before his superiors The exercise is good and godly neither doeth any account it tyrannie to instruct the ignorant But sure great presumption it is for yong puritans publiquely to examine graue and discreete men that know more then themselues and indiscretion to vse examination as the disciplinarians would haue it vsed Article 25 None should be admitted to the Communion that cannot say the Catechisme Therefore Curates should examine communicants and seelude them that be wanting in knowledge Answere Can you shewe any Curates that haue not done their dutie herein If you can carrie them before the Ordinarie they craue no fauour In the meane while learne this lesson of me Shewe not your cancred malice against good Ministers There is none but liueth as well as puritans nor any so base that may of a Pettifogger or Scriuano be contemned nor any that is more ignorant in their Catechisme then puritans that neuer enter deeper then the paraphrase of their Creede and pater noster Article 26 Banes should be asked three seueral Sundayes in the open Church yet the Bishops dispence with banes Answere In the booke it is Sundayes and Holy dayes this is therefore his first error The second is that he misliketh dispensations for both by law and customes of this Church and for good causes are they granted Neither doeth the affirmatiue without the negatiue in any lawe take away a custome that may stand with the lawe as in this case The lawe will haue banes three seuerall dayes proclaymed That no dispensation be graunted the lawe hath not Wherefore seeing dispensations are confirmed by lawe and not taken away by this Rubricke let the accuser holde his peace and cease to proclaime his owne follie and to worke the bane of his cause and finally while he would shewe skil in lawe to proue himselfe deuoyde of lawe and reason Article 27 The partie presented to the Bishop should weare a plaine Albe yet this garment is not vsed Answere In the booke of ordering Ministers there is no such garment appointed And if it were yet were it no such disorder as this charitable man maketh it that would haue the bishops thrust out of their liuings yea out of the Church for committing it But suppose Deacons should weare an Albe how is the neglect of it ascribed to Bishops and not rather to the partie that knoweth not his duetie or of new curiositie that can abide none apparell but of the Geneuian fashion would this libeller were a yellow cote it would become him better then an Albe Article 28 The Deacon by part of his office ought to search for the poore sicke and impotent of the parish and intimate their estates to the Curate But now the office is accompted mere spirituall Answere He ought onelie to doe it where he is so appointed which clause this accuser meaning no good trueth cautelously left out That he should only attend the poore and
mouthed Libellers and enemies of the Ministerie professed doe call honest men it is not materiall I know none marieth but such as haue allowance sufficient of their choyce If they haue not let the offenders be corrected and not innocents be disgraced for others offence why they should be called forward I know not seing none is so forward in marrying as the Puritan sort of whom I knowe none that hath the gift of continencie but would they cease to disgrace others I could for my part be contēt they should vse their libertie prouided alwayes they make not too great post haste nor without regard and consideration of their future wiues qualities leape into sodaine mischiefe Article 44 The clergie people goe not in their habits and square caps Answere What do the Puritan people forsooth they square it out for the most part in new fashiond conceited apparel are all clad in Satin veluet and costly apparel and braue it like people of a new gouernment some for humility sake goe in flat caps others go like clownes in russet clokes well they may for their religion is a russet religion good for none but russet cotes such as fauour populer gouernment fitting none but our rusticall platformers whose maners are rude vnciuill that men go not more orderly this faction is cause which maketh warre against the ministery and by all meanes seeketh to offer them scorne Article 45 The Bishops Officials allow none to be absent from their owne parish vnlesse they will pay a Marke for a licence yet law suffreth men to heare Sermons other where Answere Law restraineth men to their owne parishes but lust would be gadding abroad to see what is done elswhere for which if any officials graunt licence contrary to lawe there is law to correct them but why this man should be so offended with taking money for licēces I see no cause seing his deare friēds yea himselfe too vseth more taking then giuing and considering that Pettifoggers Scriuanoes such as the authors of this booke seeme to be liue by taking take without licence and contrary both to licence and law and haue wonne more by taking then others by long seruice and for all their pretended hypocrisie will neither spend nor loose commoditie for their puritane cause why men should not be suffered to frequent factious sermons there be diuers causes it is the way to faction sectes heresie and tumults and diuers other disorders Article 46 Songs in Churches should be distinct and modest Answere So they are but the Libellers eares were percase so out of tune that he could not iudge when he heard them for how can his eares be in tune whose wits not long since were in so great discord In the opinion of all wise men that can iudge and haue skill our church musicke is distinct modest and graue and farre passing the discordant tunes of Puritans Article 47 None of the Queenes subiectes should call one another hereticke nor scismaticke but we are so called and Puritans too by certaine Libellers Answere Yea and that very iustly too if you mayntaine this Libell and your newe booke of prayers and their most seditious and hereticall pamphlets of T. C. and others neither are they Libellers in so calling you nor doeth the Iniunction protect factious mates but quiet and good subiects such as you will not shew your selues to be rayling and reuelling at Lawes and gouernours in most shamefull sort and therefore disdayne not to be called by your names nor wonder if you be beaten with your owne weapons Article 48 Bishops and their Chapleyns seldome make a legge at the name of Iesus vnlesse it be at the reading of the Gospell nor remember Iesus but when they lustily sweare by Iesus Answere All Puritans vtterly mislike this bowing at the name of Iesus this semypuritan and demychristian misliketh the omitting of it therein condemning all his companions as contumacious lawbreakers and not proouing any matter against his aduersaries for which both one and other haue cause to mislike him but especially for lying and slaundering of Gouernours wherein hee sheweth his full malice and choler in charging them and want of matter in conuincing them The Puritanes speake nothing without protesting doe you not call that swearing no it is forswearing for when they protest deepest then commonly they dissemble most and performe least yea many of these seeme with the Priscilianites to haue litle regarde of othes as appeareth by their examinations If he knew any of his aduersaries that offendeth in swearing I doubt not but they shoulde heare it Article 49 The Queene accompteth them good subiectes that acknowledge her Maiestie to be sole supreme gouernour ouer all her subiect in all her Dominions The Bishops doe not Answere If nothing els were to bee respected but this poynt then were all lesuites and Seminarie men and other traytors good subiectes for they doubt not to giue her the title of sole supreme Gouernour ouer all her subiects but that she hath authoritie to make Ecclesiasticall lawes and iudge in Ecclesiasticall causes and to appoynt Iudges and officers to iudge therein that no other hath power ouer her Maiestie neither Iesuites nor Puritans will confesse therefore vnlesse they acknowledge all the rest of her Maiesties prerogatiues and shewe more obedience to Lawes then hitherto they haue done they can not so easily scape the notes of disloyaltie Article 50 The Bishops haue not punished offendors against Iniunctions but are onely carefull to vrge subscriptions othes ex officio c. Answere If the Bishops haue not done their dueties why doest not thou make thy selfe party and accuse them they stand vpon their defence why commest thou not foorth in thy likenesse to charge them In the meane while take this answere that offences must first bee knowen and then punished and secondly that bishops haue suffered as fewe knowen offences to escape vnpunished as any other officers thirdly that those offences that tend to the ouerthrowe of the State are most narrowly looked vnto and lastly that he is a lewde mate that doeth picke quarrels with others for not executing those Lawes which himselfe doeth mislike As concerning their vrging of subscriptions and conuenting those that are disobedient to law the Bishops haue offended in nothing more then that they haue not bene more peremptorie in vrging them no State nor Gouernours euer suffered such notorious disloyaltie so long vnpunished Article 51 Bishops take extraordinarily for licences to preache contrarie to their owne aduertisements of licentious Preachers no licence is required Answere Shewe who they bee that take so much and who these licencious Preachers bee or els men will esteeme thee a licencious Libeller for mine owne part I knowe none more licencious then thy selfe and thy consortes which with all impunitie speake against Lawes and take to themselues libertie both to liue and beleeue as they list and for taking surpasse all other takers taking both from Church and
directions Neither is the inquisition which we haue deriued from the pope but vsed of al nations contrariwise the inquisition of the cōsistorie is like to the Spanish inquisition the papal proceeding For as in the Spanish inquisition so in the consistorie a man is called knoweth no accuser and whether hee confesse or not hee is sure to abide the order of the consistorie and what they command the ciuill Iudge performeth And therefore if all must away whatsoeuer is borowed from the pope away must the consistorie goe and their excommunication of princes and their absolute tyrannie Quaere if Christ were before the bishops should answere Putcase Quaest 17. beeing demanded of his doctrine I spake openly c. Aske them that hearde me whether he should be committed as M. Bambridge M. Iohnson and other godly ministers This question touching Iohnson and Bambridge concerneth the ecclesiasticall state nothing at all Answere For their cause was heard and ended at Cambridge before the Vicechanceller and his assistants so that it should seeme to bee a case put besides the cause in handling But in the same wee may see that these fellowes meane no lesse to ouerthrow the state priuiledges and iurisdiction of the Vniuersities then of the bishops Marke it therefore you my masters of the Vniuersities These fellowes whom you foster in your bosomes meane to touch your freehold also neither can they conceale their malice against all men of learning To answere this absurd question I say that I cannot chuse but wonder that any shoulde bee so blasphemous and wicked as to compare Christ Iesus the sonne of God vnto Iohnson a factious companion and a wicked heretike Out of Cambridge hee was expulsed for his mutinous Sermon and other leude behauiour From thence he went to Middleborough a retrait of such kinde of fellowes There hee declined into Barrowisme wherein hee now continueth hauing augmented his opinions with many newe fancies of his owne Bambridge a man somewhat wiser then Iohnson yet neyther to be compared with Christ nor any verie discreete or modest Christian Christ neuer declaimed against the state of priests nor did hee spreade newe doctrines nor did he spurne against gouernours These haue done al these things and it is the cōmon practise of all such as bee of this sort Christ did not refuse to answere directly and confessed that he was the sonne of God These stand not vpon their innocencie but vpon tearmes of lawe Neyther doth the example of our Sauiour fit them For hee being asked of his doctrine in generall coulde not otherwise answere then in generall These refuse to answere in particular poyntes which he did neuer and therefore iustly were committed A matter iustifiable both by the lawes of God also the lawes ciuill canon and common If being to answere in the Starre Chamber or Chancerie vnto certaine articles they shoulde answere That they deliuered nothing but publikely and will the examiner to aske them that heard and saw they would bee sent to other places to aduise vpon the matter Further I say it will not fall out in proofe that those men which haue bene conuented before the high Commissioners in causes ecclesiastical are either godly or wise or ministers therefore false it is that he affirmeth them to bee godly ministers and very scandalous to the state whom he setteth forth as a state persecuting Christ Iesus whereas in deed these men by defacing the Church and the gouernours thereof by teaching of erronious doctrine and by raising of stirres about a new gouernment which was neuer heard of in Christs Church do shew themselues enemies of Christ of his Church and of his Gospel and therefore together with Iohnson of whom themselues are now ashamed to bee cast out of the Church vnlesse they shew more signes of amendment Quaere Putcase Quaest 18. if by the iudiciall lawes by the Court in Chauncerie or Starre Chamber any man be forced to sweare before hee knowe the cause at least in generall whereunto he is to take his oath Suppose a man should graunt so much Answere albeit the vse be not alwayes so what will he conclude That the high commissioners proceede contrarie to lawe His purpose is so to doe but his argument will not so conclude vnlesse he shewe that they doe not also declare in generall the summe of the matter to which euery one is to answere But that he cannot doe and therefore I returne him backe to his prompters to frame his case better and doe reiect him as alledging matters not concludent In the meane while let him vnderstand thus much that the proceeding of Ecclesiasticall courtes in exacting of othes is not onely confirmed by all lawes but also by the practise of Geneua the patriarchall sea of puritans Quaere whether Bishops be not bound to confirme children Putcase Quest 19. aswel as Ministers to marrie with a Ring And whether may not popish young men not being confirmed refuse the Communion He would conclude Answere that because Bishops neglect some part of their duetie it is lawfull for his consortes to breake all lawes but the sequele is naught That children are not confirmed the fault is in parents that bring them not of these seducers that preach against confirmation not in Bishops And therefore if any refuse to receiue the Communion it is no reason he shoulde receaue benefite by his owne negligence but rather be punished for both faultes In that he ioyneth popish young men together with fantasticall young Ministers which refuse to marrie with the Ring he doeth not amisse for they doe both consent in oppugning the state and therefore are both to be punished neither will the pleading of the Bishops negligence if any be serue either of them Quaere Putcase Quest 20. whether an Ecclesiasticall Iudge may punish Bristowe for writing that our Communion booke is an apish imitation of the Masse-booke seeing the statute giueth onely that authoritie to Iustices of peace and whether Bristowe deprauing the Communion booke may be depriued of all his spirituall promotions for his first offence c. Item whether the lawe doeth not fauour the puritan as much as the papist The case is absurdly put Answere for it supposeth matters vnprobable as that Bristowe should haue certein spiritual promotions in England had onely offended in speaking against the Communion booke whereas the man did wilfully flye out of his countrie for his mislike of the state and practised diuers treasons and for the same being apprehended committed to prison died there Onely this thing is herein commendable that puritans papistes are very fitly ioyned together in this case Both deny the supremacie alike both depraue the gouernmēt-alike both rayle against our Communion booke alike and therefore that all may be alike both deserue to be vsed alike To the question I answere That the lawe accepteth not of persons but whether Th. Cartwright or Penrie or Bristowe or Allen
from them in externall forme and ceremonies As Papists doe make treason religion so it may bee Answere that these schismatikes for their misdemeanours woulde bee accounted religious Otherwise it is euident that neither Papists nor Puritanes suffer for religion in England And therefore euil doeth it seeme that they seeke reformation or deserue to be called seekers of reformation and wel doth it appeare that they haue a bad religion and conscience that colour their lewdnesse with religion and lye without conscience As for persecution it is a terme ill applied to the proceedings of our Bishops and lewdly are they compared with traiterous papists against whom they stand in cōtinuall warfare For neither doe they conuent any but for transgressing the lawes nor do they impose punishments but vpon the rebellious those very easie punishmēts which in time of popery were death euen for denial of the least ceremony which this Putcase not vnderstanding he sheweth himself to babble of matters that he vnderstandeth not That bishops did offer life to Vdal for I knowe none but him and Hacket and a traytor in Suffolke condemned about these matters it is absurd to affirme For not they but others condemned him Neither is it in their power to graunt life nor in their wisedome to offer that which they cannot graunt And if they should bee so remisse as to bee meanes to her Maiestie for them yet would it argue their elemencie in going about to procure their liues that seeke the bishops ouerthrowe nay that most factiously goe about to ouerthrowe the Church the state and the rewards of learned men Quaere Putcase Quaest 33. whether he that publisheth bookes with long premeditation doth publish the same with a malicious intent True Answere if they be malicious bookes such as this libel is and such as the Demonstration of discipline and Martins ribauldrie was Neither is the case alike of a Sergeant arguing against the trueth in his Clients cause and of these that with out fee argue against both trueth and state For it is well knowen hee doth it for his fee and taketh heede howe hee offendeth against lawe but these leauing the case doe argue or rather rayle against the person yea against lawe and honestie Quaere Putcase Quaest 33. whether ecclesiasticall Iudges doe not giue sentence contrary to the common lawes and statutes of the realme and whether prohibitions doe not lye in such cases No doubt Answere there lyeth a prohibition if they proceed contrary to law But men learned will take heed they do not and especially seeing they haue such Canarian birdes as this looking vpon their doings and watching for the spoyle But let them take heede for in warres the spoyler is often spoyled and those that digge pits for the innocent fall into them themselues Quaere Putcase Quaest 34. whether hishops are not in praemunire or at least desere to be imprisoned and fined for practising popish and ciuill lawes in their courts seeing all forreine authoritie is banished and those canons and constitutions prouinciall and synodall onely authorized that haue bene made in England Litle doth this dolt knowe Answere what the praemunire meaneth If he did he would not so often flourish with the sword and doe no hurt Those incurre the praemunire which drawe the Queenes Subiects into forreine courtes out of the Queenes courts seeke to defeate iudgements giuen in the Queenes courts Likewise he is ignorant what lawes are practised in the ecclesiasticall courts For there are no lawes practised there but the Queenes lawes viz. such canons as were practised in England before the making of the Act. 25. Hen. 8. ca. 19 and not as this fondling saith such canons as were made in England Good it were therefore that some of his company would eyther admonish him or premonish him hereafter to leaue babbling of matters which hee knoweth not For it is either plaine impudencie or lunacie so to wrangle Quaere whether the bishops or the consistorie Putcase Quaest 35. encroch more vpon the ciuill magistrate That is a matter most easily answered For the bishops Answere albeit they deale in testamentarie causes tithes mariages and haue Baronies and sometimes deale as Iustices of peace yet all this authoritie they haue vnder the prince and from him they deriue it Contrariwise the consistorie draweth no authoritie from the prince but contendeth with the prince about supreme authoritie It giueth lawe to the prince it doth chastise and iudge the prince vnder colour of the breach of Gods lawe it doth encroch vpon all causes and controlleth all that are subiects to Gods lawe whereof the same doth take it selfe to be iudge It chooseth and deposeth all officers of the Church nay it deposeth princes if the fautors of it say true These therefore bee the fellowes that encroch nay that treade downe princes and as Th. Cartwright sayeth make princes to licke the dust of their feete As for that which this Putcase alledgeth that the Archbishop giueth the prince dispensations vnder his hand and seale it is a fable Let him shewe any of these licences so graunted But sayeth hee the lawe saith hee may well then let him quarrell with the lawe and not with the Archbishop who challengeth nothing as these doe but by the princes grant Besides that lawe was made to exclude all forreyne iurisdiction which these men woulde gladly bring in That which the libeller sayth of excommunication for mony is a leud calumniation long since answered Forwel it is knowen that no man is excommunicated for money but for disobedience to the Iudges decree and sentence And as those that will not yeelde to the ciuill Iudges sentence euen in the smallest matters are compelled by imprisoment so those that refuse to obey the ecclesiasticall Iudge are compelled by ecclesiasticall censures For they themselues doe interprete these wordes He that will not heare the Church c. to bee vnderstood both of great and small matters Quaere Putcase Quaest 37. if Moses vnder the law and Timothee and others vnder the Gospell needed to haue a forme of gouernment of the Church prescribed to them by the Lord whether it bee likely that the Lorde woulde commit the Church to M. Whitg M. Cooper M. Bancroft and others to frame a gouernement for it at their pleasures The Lord doth not commit his Church to bee gouerned by any at their pleasures Answere least of all to the aldermen and new consistories things like toodestooles the last night risen out of the ground and ruling al things without reine or restraint of reason It might haue pleased this libeller in naming these men to vse other names if not for authoritie they beare yet for common ciuilities sake but he will perchance shewe that he neyther respecteth authoritie nor ciuilitie but meaneth to reuell at all that resist his fancie and that iniuriously for neyther these excellent men nor others doe hold it lawfull to frame a fond
new gouernement at pleasure nor doth any of them doubt but that the gouerment of the Church of England is Apostolicall and that the gouernement by elders is both new and fantasticall Quaere Putcase Quaest 36. if Iohn at Stile shoulde grant there was a gouernement by elders in the primitiue Apostolicall and best Church and shoulde call the same gouernement a popedome and tyrannie whether this did not rankly smell of detestable atheisme If Iohn at Stile should say as much as this libeller hath said in his libell Answere hee might percase change his stile and bee called Iohn at Gibet for these bee matters worthy Gibets but concerning this matter I thinke Iohn at Stile will not say that there was euer such a packe of Church-aldermen as this faction vseth in their Consistories And if hee should say so hee should say vntrueth neyther were the Elders in the primitiue Church or after other then Apostles and ministers of the worde All the ancient Fathers were ignorant of this newe gouernment yet was it not Atheisme in them to say it as this wicked and hypocriticall Atheist auoweth nor are these Atheistes that impugne the fonde Consistorie or that affirme that the newe gouernment is tyrannie nay which is worse that it is meere foolerie but those that wrest Gods worde and lye shamefully to proue it For what more sottish sencelesse gouernment can there be then to make clownes iudges of learning religion and controuersies of diuinitie or more absurde then to refuse that gouernment that euer was in the church Quaere whether the Churches in Scotlande France Put-case Quest 38. the lowe countreyes Hungary Poland Bohemia Saxony Heluetia and the County Palatine of Rhene and whether Zuinglius Oecolampadius Melancthon Bucer Caluin Zanchus Martyr infinite other the most excellent diuines in all the world commending the continuance of the Eldership be all Anabaptistes Puritans rebellious Traytors Marstates Marlawes Marprinces and Maralles and D. Bancroft M. Sutcliffe c the onely good subiectes in all the worlde As we do not willingly condemne other churches in their gouernment Answere so we thinke Beza and others might haue done more wisely discretely not so rashly to haue censured ours especially pronouncing without hearing both parties and sitting iudge in his owne cause and speaking neither good diuinitie nor good lawe nor good reason yet we say if any of these aboue named should in this state go about to place the eldership so contrary to a monarchicall regiment he should haue done therein no good office nor discharged the ductie of a wise man this I say further that this libeller doeth make most shamefull lyes where hee nameth many churches and many learned men as fauourers of the new Eldership whereas in trueth they neuer knewe what it meant It is not in Saxonye Bohemia Polande Hungary nor in many places in the low countreyes and where it is the same continueth with small profit and much displeasure The countie Palatine of Rhene hath after many styrres cōditionally receiued it Heluetia neuer had it neither Oecolampadius nor Zuinglius nor Melancthon euer knew it nor I thinke the rest What a shamelesse fellow then was this thus impudently to lye nay Saxony hath superintendents and so sometimes had Scotlande and Tossane they say is generall superintendent of all the Palsgraues dominions concerning Church causes and the Churches of Strangers in Englande in King Edwardes dayes had superintendents Melancthon and Zanchus liked our bishops and therefore none of these are like to our factious Puritans And as for Doctor Bancroft and my selfe they cannot say but that wee are good subiectes nor note vs with any disloyaltie But beside vs the least of thousandes there are infinite more good subiectes and learned men of which nomber the Puritans are none all which stande against the factious gouernment of the Elderships maintaine the ancient apostolicall orders of the Church That the best Diuines in the worlde should hold with the Eldership is a fancy for all the ancient Fathers were ignorant of it and the godly martyrs of our land in Queene Maries time refused it beside them infinite learned men all which hold with bishops which these condemne chuse you therefore whether you will follow all antiquitie or Th. Cartwright Giles Wigg Iohn Penry Tauergius Caluetus and such tagrag fellowes percase great fauourers of the church-aldermen but neyther wise nor learned Quaere Put-case Quest 39. whether the Kings of France and Scotlande the princes of Condè and Orenge the duke of Saxony the countie palatine of Rhene the States of the lowe countreyes many other Dukes Princes Marquesses Earles Barons and other christian and noble potentates who haue mainteined fauoured and preferred the Ministers that stand for reformation and whether here in England the right honorable sir Nicolas Bacon Lord keeper the Erles of Bedford Warwicke and Leycester Sir Francis Walsingham Sir Amias Paulet Sir Walter Mildemay and other right noble Lordes Counsellours Countes and Countesses woulde haue countenanced and protected the Ministers that seeke reformation if they had perceiued them to bee enemies to the Queene and state worse then papistes and miscreants and whether our Prelates bee more trustie to her Maiestie and prouident to auoyde danger then these excellent personages were This argument for the consistory is drawen from the opinion of courtiers men of warre Bellipotentes sunt magis quà m sapientipotentes Ennius apud Cicer. 2. diuinat therfore seemeth to me strange in diuinitie howsoeuer it is approued as good in the consistorie that dependeth on opinion and is turned as the cloudes with the winde If the same were any thing worth then might the heresie of Arrius yea Paganisme bee confirmed also to bee as good religion as the consistorian discipline for many Emperours Kings noble men dukes countes countesses captaines yea whole States haue embraced Paganisme and condemned Christian religion and fauoured idolatrous priests and persecuted christians Constantius and all his court for the most part most of his dominions embraced Arianisme And what wonder if diuers noble men and women embraced this fantasticall Discipline for whome would not the demure countenance sober sighes and out drawen speech of these hypocrites abuse wherefore let this libeller ground him selfe vpon these mens courtly fauour muster an army ready to fight for discipline let him haue his captaines officers his marshals lieutenants ensignes sergeantes corporals drummers and fifes and let him make his aldermen gunners for if they could looke with one eye they would proue most excellent in that facultie shooting so well at randon about interpretation of scriptures hauing so long layne battering downe our State I say all these mens opinions without authoritie of Scripture wey not one pepper graine Hee is a simple man that will die in that religion that most of these fauourers of Discipline which this man hath named did and most simple that will thinke the
consistorian faction good because some here mentioned fauoured it for some had one respect some another and were men of strange Diuinitie for the most part which I could iustifie by particulars but I will not trouble the rest of those that are dead nor disgrace those that are aliue Let them be as good as they are supposed yet doe I beleeue one Father in matters of Diuinitie before them all Besides that diuers men here named neuer fauoured the Consistorie as the last French kings the Dukes of Saxony other Christian potentates neither did the Frenchmen contend for the Consistory which came to be afterwarde established but for religion And well it is knowen that both the Earle of Leycester and Sir Francis Walsingham in their latter times renounced these men confessing that they had bene greatly abused by their hypocrisie Neither do I thinke that Sir Nicholas Bacon Sir Walter Mildemay and such noble counsellours woulde fauour factious fellowes or suppose these whome the Libeller defendeth to bee good subiects Nay one of them hath spoken most earnestly in open Parliament against them and their Elderships so that this argument that standeth on such false assertions and weake authoritie cannot be good If this argument be sufficient to proue them good subiects albeit they deny her Maiesties supremacie in Ecclesiasticall causes and slander her gouernement then Papists and traitors may by the same be prooued to be good subiects for great Princes states and potentates fauour their cause The Bishops and other ministers that liue in obedience of Lawe cannot with those faultes bee charged and therefore are wronged to bee matched with these mutinous mates that with multitude and power rather then reason seeke to preuayle Yet haue they against them all the ancient fathers all counsels all learned men of time past yea all antiquitie yea many learned men of our time with whome neither for nomber nor authoritie are these fellowes to bee compared Quaere Putcase Quest 40. whether a Minister ought not to admonish the mightiest Prince of his duetie refuse to administer the sacrament vnto him if he bee a notorious offender and pronounce him to bee no member of Christ in the communion of Saintes if hee continue obstinate in open crimes and whether vnder the Law Dauid and other princes were not subiect to ceremoniall expiations and the spirituall power of Priestes and Prophets and whether Ambrose did well in vsing like authority towards an Emperour and lastly whether Zanchus Caluin Bucer Nowel Iewel Bilson and Bridges approouing the like be traytors Popes and tyrants If a minister may doe all these seruices against a prince Answere what should any neede to desire the Eldership forsoothe belike one is too fewe to suppresse a princes authoritie for this cause it is not fitting that any such power should bee granted eyther to ministers or to consistories for that which is alledged viz. that ministers may admonish princes maketh nothing for the consistory nor excommunication of princes by ministers for betwixt publike and generall admonitions and excommunication there is no small difference euery minister may vse that according to his place and calling but it were somewhat too sawcy a matter for euery hot braynd fellowe to vse this especially against princes neither did either the priests excōmunicate Dauid nor Ambrose pronounce sentence against Theodosius he did only exclude him from his owne communion nor do I find where any of these learned men euer did make the soueraine prince subiect to a cocke braynd fellowes curse If he were subiect then were he no soueraine prince then should euery minister controlle the prince which is absurd repugnant to state but as this felow doth insinuate Dauid was subiect to ceremonial expiations admitte it were so yet great difference there is betweene these expiations voluntarily vndertaken and excommunication violently pronounced as learned men haue shewed There is no other meanes whereby the 1 Machiauel histor fiorent lib. 1. Popes grewe great at the first then by excommunication shall we then recall againe the Papall tyrannie shall we establish the instrument of so many rebellions shall wee admit such foolish conditionall sentences which all Lawes condemne As for Nowel Bilson Bridges and others writing against papistes they doe not simply auowe such excommunication of princes as these would haue but prooue that other bishops may proceede therein as farre as the bishops of Rome and that with them they haue equall authoritie Quaere Put-case Quest 41. why there may not bee vnder a Christian Magistrate Pastors Teachers Elders Deacons and Widowes aswell as Parsons Lecturers Schoolemasters Churchwardens Collectours for the poore and Hospitall women seeing these doe and may execute in authoritie and power the whole forme of Church gouernment desired though their practise thereof is infinitely corrupted against the Canons of the Apostles to the danger of the Church and dishonour of the Realme First it is false Answere that they may execute the same authoritie that the Eldershippe may Who would not bee ashamed to affirme that our Churchwardens may excommunicate any person or that any with vs beside the Prince and parliament might make Lawes and orders but hee that shameth of nothing But suppose they doe some things which the aldermen doe yet were it no reason because these doe somewhat by lawe that we should admit a gouernment contrary to lawes to state to her Maiesties prerogatiue to al scriptures fathers antiquity yea to sence reason That which he saith that the offices of our churchwardens and hospitall men are corrupt to the danger of the church and dishonour of the real me is nothing but a sound of great words without reason for neither are the offices so corrupt as he pretendeth nor is there in thē danger or disgrace nay the worst of our churchwardens are as honest wise and learned as his church-aldermen as fit to gouerne as they yea and our collectors be as good as his deacons and that hospitals be not corrupt T.C. will looke that is a master of an hospitall and a man voy de of all corruption and good dealing Quaere whether the Ecclesiasticall high commission be not in effect an Eldership wherein some gouerne with Ministers Put-case Quest 42. who by profession are temporall Lawyers Ciuilians meere laye men and whether this gouernment consisting of spirituall and temporall persons be a meddley and lynsey wolsey discipline as the Remonstrance calleth the Eldership which is now desired Nothing is more repugnant Answere nor with lesse reason compared together then the high commission eldership If I did not tell them so much yet me thinketh that their continuall declayming against the high cōmission as proceeding contrary to lawes might teache them so much for if they be so like as this fellowe nowe recanting his rayling against the high commission pretendeth why should not wee take exceptions against the imperious aldermanship of the church as these doe against
the high commission especially seeing that the high commission dealeth only by authority from the prince and is limitted with lawes and is subiect to the princes commaundement and dealeth onely in extraordinary cognitions and may bee reuoked and cassed as the prince shall thinke meete And where onely Ecclesiasticall persons meddle with the censures whereas contrariwise the imperious church-aldermen clayme no commission from the prince nay they challenge the power and vicarage of Christ Iesus and superioritie ouer all princes and deale in small and great causes yea clownes and doltes dispute of relgion and throw out excommunications and rule all without lawe or reason by the onely instinct of their vncleane spirit or rather changeable fancie and therefore the Remonstrance sayth well that it is a lynsey wolsey and motley discipline patched together by men of motley ierkins consisting of contrary pieces iumbling both Church and common wealth together while ministers are sent abroad to beg for their liuing and artificers and clownes rule like Lordes in the Consistorie prescribing Lawes to princes so that if the Libeller desire this goodly gallimafrey of discipline hee is more fitte to weare a motley cote with an addition of haukes belles then to gouerne a Church or any part of the common wealth Quaere Put-case Quest 43. if the sole gouernment of a bishop in a diocesse be sufficiēt and most agreeable to Gods worde why is there an ecclesiasticall commission standing of many persons ciuill and Ecclesiasticall or if an Ecclesiasticall commission bee needefull in a Realme why not in a Prouince If in a Prouince why not in a Diocesse If in a Diocesse why not in a Deanrie If in a Deanerie why not in a Parish Lastly why might there not without absurditie and breache of true vniformitie bee planted in some places already capable a Consistorie or Commission of Elders though the like cannot bee accomplished in all seeing there bee newe Ecclesiasticall Commissions erected Deanes and Chapters broken musicke and Organs in some places not in other To these three questions Answere which are the very crisis of the Put case dreaming furie I answere first that seeing the prince by the lawes of God is soueraine gouernour in all causes within her dominions that beside the ordinary iurisdiction of Bishops within their seuerall Diocesse it is very requisite that there should bee a superiour authoritie to assist them and to strengthen them and to supply that which is wanting and in case they doe not their dueties to correct them secondly that as the Prince is one so there ought to bee but one supreme authoritie although by that authoritie her Maiestie may appoynt diuers Commissioners and yet nothing commeth thereby to the Eldership that claymeth authoritie not from the prince but from God and would altogether breake the vnion of her gouernement while euery consistorie would rule the congregation vnder it as best pleaseth my lords the church aldermen As for the gradation of the libeller if hee had vnderstoode any logicke he might haue learned that no kind of argument is more faultie by this reason a man might thus conclude against the libeller that if he will libell against authoritie hee will not spare the counsell if they withstande him if not the counsell neither will he spare the prince if hee contemne all humane lawes he will not greatly esteeme Gods lawes if hee care not for Gods lawe then will he not in the ende care for God himselfe likewise if the Sanedrin was at Ierusalem then in other cities if in cities then in boroughs so in villages and if the consistory be required in parishes then in villages if in villages then in hamlets if in hamlets then in houses if in houses then in the kitchin where the cooke is chiefe moderator which followe as well as his reasons many doe thinke that one high commission is inough too much for al England what then woulde they thinke if they should see in euery parish high commissioners yea what if there were but such cōmissioners as the aldermen of the cōsistonie be that claime a most absolute high commission from God planted in euery parish it would then be time to runne into some other countrey à remotis for it would bee hard liuing in England thirdly I say that there is no place in England capable of the aldermanshippe but such as is very capable of faction and disloyalty and that his reason drawen from organs and broken musicke is very weake for albeit there is broken musicke in some places and not in other yet can there be no elderships in any place for if any should bee placed the musicke of that companie compared with other places woulde sound like a paire of broken organes not onely like broken musicke and that gouernment would breake both Church and common wealth in pieces bring all out of tune they haue done it already in places where they be setled and were vnknowen to all antiquitie and therefore what reason haue wee to make triall of that which is like to prooue so dangerous Thus you haue heard all those contumelious cases questions and demands which this railing Putcase in his malicious fury hath thought good to propound not only to disgrace hurt the ecclesiastical state but also to ouerthrow law and gouernment if the course be lawful and honest who may not as well propound questions to the dishonor of any state or noble personage in the land there is no man of so rare merite nor so honorable but might if this course were suffered bee brought into enuie hatred and if I shoulde follow him in this course good Lord what shamefull and ridiculous matters do the publike and priuate actions of these factious persons offer to mens view al which albeit they deserue to heare yet it is not for me to speake neither do graue men desire to know I will only for requitall frame certaine interrogatories concerning the cause those persons which are principal agents in this cause that seeing how open they lye themselues they may hereafter deale more modestly with others if they follow this course I doe assure them that for euery one they haue propounded to vs there will be by some or other twentie propounded to them in the meane while let them content themselues with these and blame not me for I doe but answere and followe them seeing they haue begunne to come into this kind of field they must haue patience to stand to the hazard of warres if they would haue dealt ciuilly with me they should not haue ouercome me in curtesie CERTAINE QVESTIONS PROPOVNDED to the Putcase and his adherents wherein diuerse well affected to the state desire to be resolued QVaere whether hee that maketh doubt of the principles of our Christian faith bee not by the opinion of the ancient fathers an haeretike and whether the lawes do not condemne him for a traytor that maketh doubt of her Maiesties right to the
case the synode should determine that he should pay some part whether godly brethren or prophane men should first be payd or else for auoyding of controuersie none at all 91 Quaere of Iohn Penry whether if Moses lawes haue such continuance as they holde in this newe kingdome a bastard that is excluded out of the sanctuarie may notwithstanding intrude without calling into the ministery 92 Quaere of those that make braggs of T. Cartw. great worke against the Rhemists whether there be not many points therein conteined contrary to all the fathers to the faith of this church and all good Diuinitie and why if all bee cleare with him he dare not suffer the same to abide the censures of lerned men and lastly why any should wonder that such thinges should not bee published considering what dangerous effectes doe followe printing of hereticall and schismaticall bookes 93 Quaere if a certaine consistoriall president at Middleburg when a marchant did pursue a certaine seruant of his in lawe for wasting his goods did not threaten to excommunicate him if hee would not desist his pursute and let fall his action and whether the consistory may serue for a sanctuanie for bad men and bankruptes if they professe reformation and whether this maner of discipline dissolue not ciuill contractes and hinder iustice 94 Quaere whether that the Church-aldermen doe not sometimes meddle in domesticall matters betwixt man and wife and hinder the fathers correction of his seruantes or children whether this be not a way to dissolue the bonds of nature that giueth authoritie in this case and whether the discipline that vseth this practise bee not vnciuill and vnnaturall To conclude Quaere if the Put-case had not done his clyents and their cause more good by silence then by this weake and calumnious speaking It were an easie matter to frame infinite Questions of like sort but these may suffice to let the Libeller see his owne folie in charging others when himselfe and his fellowes lye so open besides that I would not weary thee nor disfurnish my selfe of new matter against the next encounter let him article and play the Put-case as oft as hee will hee must not thinke hee shall walke vp and downe without answere or controulment in the meane while Pag. 83. because he appealeth to iudges and craueth iustice to them wee are also content to submit our cause and doe also instantly craue iustice iudge we beseech you all to whom the execution of iustice is committed whether it bee fitting that such as declame against the ancient gouernment of the Church euer knowen to bee in the Church since Christes time against the authority and preheminence of her Maiestie against the lawes of the realme against the proceedings of Iudges and take on them to controll and reuerse the sentences of iudges and seeke the trouble of the realme and maintenance of leud factions destitute of all ground and speake for a gouernement neuer heard of but of late nor that hath confirmation of scriptures or fathers iudge I say whether such intollerable pride arrogancie and disloyalty and those that defend these trecherous dealings and opinions in bookes printed in corners and without names are longer to bee suffered the inconueniences that may growe of these courses I neede not to declare vnto you that are men of iudgement and experience the weakenesse of their cause I haue sufficiently declared Why shoulde you doubt to doe iustice in so cleare a cause and against such factious persons For their doings haue no defence nor their doctrine support beside the bare opinions of Caluin Beza their followers they haue not so much as any groūd of reason no scripture no father no history no law nor example of good gouernmēt nay they haue both scriptures fathers histories lawe and reason against them most euidently and clearely and therfore I say againe let iustice be done if any of the ecclesiastical state haue done against law let them bee punished let not religion and learning suffer for the sinnes of particulars the innocent let them not be disgraced for others offences nor let malice and faction and sacriledge preuayle against lawe and gouernement that which is now their case may be likewise yours if you respect not the cause of men yet consider that it is the cause of religion learning and gouernment and so proceed as you may declare your selues to be men carefull of the aduancement of religion and learning and the maintenance of a peaceable gouernment and God so belsse you as you shew your selues studious of religion learning peace and iustice ⧠An Aduertisement to the Reader WHereas in the former discourse somewhat hath bene said in answere of the Petitioners lewd calumniations concerning the triall of Iohn Vdal and the iudgement not long since pronounced against him which he pretendeth to be disorderlie and iniurious it may be that such as list to cauill at such things as they mislike will take exceptions against the same as if I meant to abase the high authoritie of Iudges or make the proceedings of the highest courtes of Iustice an argument for the rude populasse to dispute of or to subiect the ordinarie trials of law to the controlment or at least canuases of priuate persons Least any should either in this behalfe except against me or enter into any such conceit of me I thought good expresly here to aduertise thee that both my words and meaning are contrary Concerning matters of common Iustice betwixt partie and partie I know that no iudgement is reuersed but by writ of errour and that in matters concerning the Crowne the verdicts of Iurors and sentences of Iudges for the Queene are finall and that the lawe doeth intend that Iudges and Iurors will proceede with that indifferencie and equitie that it will not haue their doings controlled nor examined by priuate persons Neither is it any part of my meaning to call any law in question or controll the doings of so honourable persons as in that fact sate Iudges Nay this is the thing which I doe so much reprehend in the Petitioner and his faction that most saucilie and arrogantly they take vpon them to examine the doings of Princes the actes of Parliament the sentences of Iudges the verdicts of Iuries and all recordes of Iustice Neither is there any companion among them so base but he taketh to himselfe libertie to censure and controll Princes Parliaments Iudges Lawes yea whatsoeuer and whomsoeuer Among others the author of the Petition hath behaued himselfe as presumptuouslie and proudly as the best Ignorance belike maketh him bolde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rather for that it is ioyned with impudencie What through presumption and what through impudencie he hath taken vpon him contrary to the Iurors verdict and Iudges sentence to prooue that Vdall offended not against that statute of 23. Eliz. cap. 2. whereupon he was condemned This notorious impudencie and presumption I thought good to lay open before mens
well Bishops and Priestes and not these newe Aldermen which albeit they bee mute in pulpits yet are they mouthy inough in Consistories The opinion of Augustine concerning the estate of bishops is sufficiently knowen for hee thrusteth them among heretickes that deny their superioritie In which croude let this Libeller and his fellowe T. C. goe packe out of the Church together with Aerius their ringleader and an olde master of an hospitall and a famous hereticke himselfe was also a bishop and gouerned his clergie and church with as great power as nowe doe our byshops neither doeth he in eyther of the places 2 De opere monach c. 16. de ciuit der lib. 19. c. 19. quoted say any thing against them Hee condemneth not the state of bishops but their worldlinesse and not the dignitie of bishops but such as sought honour and would not endure labour which negligence wee doe not defend in any neither was hee so scrupulous in distinguishing ciuill and ecclesiastiall causes as these seeme to be for in his booke de opere Monachorum alledged by this Petitioner he doth declare that hee dealt himselfe in ciuill causes notwithstanding he was a bishop and that he hoped God woulde reward him for it Neither is there in 3 In Tit. ad Ocean Hieroms whole workes any worde sounding to the disgrace of bishoppes Hierome maketh the termes of Bishops and Priestes common in the Apostles time but that bishops and priestes should nowe be equall in power and dignitie hee neuer concluded nay hee saith that the superioritie of bishops is an Apostolicall 1 Ep. 85. tradition and borrowed of the analogie betwixt the Lawe and the Gospell and confesseth that it began in the Apostles time accordingly hee vseth Damasus Bishop of Rome and all bishops with great respect The authoritie and credite of Ambrose both with the Emperour and people and his iurisdiction in ecclesiasticall causes was farre greater then that which our Bishops haue Is it then thinke you likely that a bishop woulde speake against Bishops nay he is sayde himselfe to haue exercised the Church censures against the Emperour and giueth ordination to Bishops and calleth them the Apostles successors The place of Ambrose commonly alledged 2 Ep. 33. against Bishops ciuill iurisdiction maketh nothing against the state of Bishops for in England no Bishop hath ciuill iurisdiction as hee is a Bishop but as hee hath it by commission which to refuse were not onely a weakening but a deniall of loyaltie neither doth Ambrose forbid any to take ciuill iurisdiction but to followe worldly cares and to giue ouer their ministerie and as diuers of this faction haue done to throwe off the robes of the ministerie and to runne in their lether Ierkins after worldly gaine and pleasure That Ambrose esteemed highly the office of bishops is apparant for hee 3 In eph 4. saith that those that are nowe called bishops succeede in the charge and place of gouernment of the Apostles Chrysostome taketh to himselfe the power of excommunication yeeldeth to bishops the power of ordeining 4 In 1. Tim 4. epist Paul ad Philip. homil ad pop Antioch ministers ouer whom he giueth them authoritie himselfe was a bishop of great power and authoritie hee condemneth certaine heretikes which would not yeelde the due titles to bishops but called them onely 5 In Psal 13. reuerentia tua dignitas tua and such like termes condemned by Chrysostome reuerend and worshipfull euen like to the platformers what shame then haue these fellowes that blush not to make either so holy a bishop contrary to himselfe or manifestly to belye him and slaunder him wherefore let the words of Chrysostem against bishops be brought forth if hee bring them not Hom. 2. in epist ad Phil. euery man will take him for a plaine false coyner of authorities which nowe is in part apparant he saith that the names of bishops and priests were all one but that all bishops and priests should haue equall authoritie he saith not nor euer thought That Gregory the great is alledged against bishops is a matter most miraculous for in his time the bishoppes of Rome were come to extraordinarie greatnes incroched not only vpon their neighbors but also vpō most christian Churches so far was he frō condēning the state of bishops in the preface to his dialogues if they be his as is most vnlike he reprehendeth those that waxed old in worldly desires which neither in bishops nor other is to be alowed against episcopal authoritie he saith nothing the power of bishops ouer priests euery wherein his epistles he commendeth The quotation out of Hillary maketh nothing to the purpole hee reprehendeth Constantius the Emperor for aduancing bishops aboue the degree of bishops but that maketh for bishops and not against them for hee disaloweth not the state but the Emperors too much forwardnesse in giuing Arrian bishops too much honour and credite The Libeller hath a strange sight in 1 Ep. 67. Synesius if he thinke that he spake any thing against bishops percase he had on his 2 Those dreames that passe through horny doores as Homer feigneth are vntrue for horne is not trans parent horne spectacles when hee read them without such sight nothing is to be found in Synesius against our cause If he would haue made any conclusion out of him he would haue acknowledged so much him selfe He alledgeth with like iudgment Nazianzen his oration aduersus Maximum yet in all his works is there not any such oration found there is an oration of such matters as Gregory did against Maximus but concerning the superioritie of bishops there is nothing therein least of all any thing against bishops neither is it like he would speake against bishops himself being a bishop alowing the state of bishops he gouerned with authoritie his 1 Cum auctoritate hic praesidemus haec multis ex vobis tamquam lege sancimus Nazianz. in orat de modest in disputat seruanda words were obserued as lawes in the church he saith 2 Ibidem there is order while bishops commaund and others are ruled of such as these felowes are that wil neither obserue order nor rule he complaineth and commendeth that which they despise only he speaketh against ambitious seeking the greatest bishopricks and highest places wishing that the principality should be remoued rather then such incōueniences admitted Origene 3 In Esaiam hom 6. giueth most ample titles authority to bishops euen in the same place where he is supposed to speake against thē onely he would not haue them insult nor tyrannise ouer the people which the bishops of England neither doe nor can doe according to lawes but the Aldemen of the consistorie whose word is proofe and will law and against whose wrongs there is no sufficient remedie by appeale they do properly tyrannife yea oligarchize and therefore against such cruell tyrants Origen declaymeth and we
haue good cause to speake Bernarde 4 De consid ad Eugen. lib. 2. speaketh against the Pope for clayming soueraintie in both swordes which no bishop in England claymeth neither doth any bishop by his episcopall authoritie exercise the materiall swordes as the Pope doeth and therefore as Bernards reasons are good against the Pope so are they not to be vsed against our bishops neither was it euer Bernards meaning to condemne the prerogatiue of bishops allowing the same in so many of his epistles and writings and commending so highly the bishop of Rome notwithstanding his infinite abuses he 5 Serm. 66. in Cantic non est mirum si ordinibus ecclesie deirahunt si mandatis non obediunt bitterly inueigheth against those heretickes which for their apish imitation of the Apostles called themselues Apostolickes because they condemned prelacy and therefore calleth them Stultissimos obstinatissimos Thus the man or at least his partakers haue sought euery corner of the Fathers and yet finde nothing against the prerogatiue of bishops therfore is hee glad to flye to the practise of late churches late writers but the conclusion which he draweth from them is most weake for admit that in Geneua in France Flaunders and other churches they haue not bishops of such quality in all respects as wee haue no more haue other churches such Elders as they of Geneua haue it is sufficient that we haue such bishops as in time past they had at Ierusalem Constantinople Alexandria Antioch Carthage Seuil throughout the world before that the cornercreeping Aldermē crept out of the slime of fond mens inuention that the bishops in reformed churches of Almayne haue episcopal authoritie ouer other ministers in ordination of ministers correction of maners so that they are to be blamed that digresse from all antiquitie yea and later churches not we that agree with al former times and the Almayns for both they the Danes albeit some of them mislike the names and most of them haue taken away the liuings of bishops yet reteine still their authoritie and office in their superintendents generall superintendēts and had done better if also they had reteined the liuings rewards of learning stipends of ministers wherefore let the libeller cease to obiect vnto vs the Heluetian and Dutch and Danish churches for they differ farther from the Geneuians then from vs and the petitioner himselfe 1 Pag. 10. confesseth that they haue authoritie though not so much Of late writers I know none of name that hath condemned our bishops euen the chiefe authors of this innouatiō Caluin and Beza as may appeare by their letters which are to be shewen speake euery where honourably of them Zanchus greatly extolleth that order onely Beza as some say hath written a foolish 2 Entituled The iudgement of a learned man beyond the sea pelting discourse wherein he would proue our bishops to proceed of men as if himselfe were a bishoppe of God and Daneau in that poynt consenteth with him taking himselfe also to be a bishoppe of God and yet the Geneuians when through weakenesse of body sicknesse and age hee coulde not execute the ministerie shut this bishop of God from his liuing and forced him through want to depart out of their Citie Bullinger and Gualter and diuerse learned men of Suitzerland and Germanie haue by letters and writings allowed our bishops yea 1 Histori confess August Melancthon Camerarius Sturmius wished to God they had such in their Countreys neyther did any of these that are named by the libeller euer speake against other then papisticall bishops let the worlde then iudge what honestie or shame was in this companion that alledgeth Luther Melancthon Bucer Caluin Beza Bullinger Zanchus Erastus Gualter and Mounster against our bishops whereof some neuer spake of them others neuer spake of them but with reuerence and none against them and 2 In diuers of his letters to be shewed Beza complaineth of some that drewe his wordes vttered against popish bishops against our bishops If therefore the libeller do not bring forth some other places then these hee hath quoted there is no cause but that euery man shoulde take him for a forger of false writings and an abuser of his reader But suppose Beza or Daneau or some other of that sort shoulde write their pleasures in priuate letters or in their imperious paltrie pamphlets who would not be ashamed to oppose these two or all their headie followers to Ignatius Dionysius Chrysostome Augustine Ambrose Hierome and all antiquitie yea to most writers of late times And if these men that patronise the consistorie which cannot stand with bishops for in deede there is no agreement in gouernement betwixt the rusticall fauni and the muses betweene learned men and men of occupation betweene clownes and schollers if these I say doe not speake against bishops wee may not thinke that bishop Iewell orbishop Elmar or bishop Bollingham or others that haue written in defence of the state haue vttered any thing that soundeth to their disgrace 1 In his Apologie Bishop Iewell expressely defendeth the degree of bishops aboue priestes and good reason for it is the publike doctrine of this Church and those that goe against it make this Church to reuoke a part of their publike confession and doe more harme by their secret trechery then euer did Harding by his open enmitie neyther can there be a greater scandale or dishonour offred to religion or the state then that we should now alter the publike confession of faith made by our Church Iewell saith that the office of prince and bishop is distinct and no man denieth it for no man by the office of bishop challengeth as doth the pope soueraigntie of both swords but if any conclude because bishops ciuil officers are distinct that a bishop shal doe no ciuil office he wil conclude that hee may not looke to his house nor do the office of a subiect nor fight for his country which is a nice point of puritanisme and little better then trechery and by the same reason should ministers be excluded both from gouernement of colledges and hospitals and al offices in the vniuersities whereto our puritanes ambitiously aspire are as great canuasers as any notwithstanding their ministerie or puritanisme Neither can master Nowels words be stretched against bishops for what if Christ would not receiue riches or dominion of the deuil may not a minister receiue a benefit of a Prince or because Christ forbade them to rule as Princes may they do no offices of good subiectes but liue like traitors or like puritanes that liue in open contēpt of lawes if then the petitioner had any conscience he would not alledge Mr. Nowel against bishops whose authority he mainteineth against Dorman and whose resolution for this present gouernement is sufficiently knowen Master Bilson distinguisheth betwixt apostolicall gouernement and princely gouernment but hee
Fourthly the precedents of the Anabaptists doe teach vs what an vnbrideled thing the people is where they take the sword to worke reformation with And that if the Anabaptists which condemne warres went about by force to establish their heresies that much more these factious mates cōpounded of diuers sortes of heretikes and schismatikes rebellious persons putting such glory in armes would assuredly haue made a great stirre if they had not bene repressed Fiftly their threatning wordes which God would not suffer them to conceale did bewray their wicked purposes Martin threatneth force against those that maintaine the state The author of the demonstration denounceth great troubles towarde if they may not haue their will and sayeth That the discipline shall come in by a way that shall make all our heartes to ake And another of Martins 1 Mart. se◠whelpes braggeth of a hundred thousand handes and threatneth that they will strike a great stroke in the setting vp of discipline And therefore seeing both by their doctrine and wordes and deedes they doe declare themselues and their meaning In vaine doeth this lunatike scribe babble that they entend no rebellion What should I beleeue wordes when wee may see deedes to the contrarie yea factes openly maintained in writing Adde hereunto the drift of T. Cartwrights Penries Martins bookes to moue a dislike in mens mindes of the present gouernement and nothing will appeare more notorious then the bad meaning of these mutinous libellers But saith the libeller Whereas the aduersaries doe take as a principle that whosoeuer writeth to worke a discontentment in the mindes of the subiects doe entend rebellion that is a most vntrue assertion and sophisticall paralogisme so little doeth hee vnderstand either what is vntrueth or what is a paralogisme for the trueth of the assertion I haue alreadie clearely demonstrated and well doeth it appeare that hee vnderstood not his Logike termes Arist elench 1. that maketh one proposition a paralogisme for a paralogisme is a sophisticall syllogisme consisting of diuers propositions but this assertion is neither syllogisme nor sophisticall assertion conteining a very plaine trueth which nowe themselues haue iustified by their actions and alwayes politikes haue taken it as an vndoubted trueth for no man writeth to moue mens mindes to discontentment with the present gouernement but hatcheth in his owne minde the seedes of rebellion First the papistes wrote diuers seditious pamphlets against religion and the state afterwarde they put on armes and rebelled So first came forth Martin and diuers pamphlets of like argument afterwarde rose vp king Hacket the great emperour of the disciplinarian faction and his prophets the onely fault was that their patriarkes were not readie to followe them or could not followe them for the multitude of boyes that gaped and gazed vpon them Secondly he saith they write in an humble loyall and dutifull sort Of which let Cartwrightes Martins Penries bookes beare witnes for pride and spite and disloyaltie I neuer read bookes that matched them Thirdlie Hee would defend his clyents with the example of Christ that discouered many abuses and Peter that stroke off Malchus his eare a seruant or pursiuant as hee saith of the high priestes Percase hee would haue his compagnions to cut off the pursiuants and the Queenes messengers eares yea and head too if they could So little can he cōteine himselfe that in the defence of force and rebellion hee doeth nothing but breathe force and rebellion And is still talking of killing and cutting But the case is vnlike for Christ neuer spake against the lawes these say that we haue an antichristian gouernement Christ condemneth not the office of priestes these condeme the office of Bishops and the ecclesiasticall state Christ sought not to erect any new Consistorie or gouernement in dispite of gouernours these doe nothing else Peter strake off Malchus eare which Christ healed these would cut mens throates for to haue their consistorie and so leaue them In fine these neither are like Christ nor Peter nor good Christians but raile reuell conspire and raise mutinies They doe not speake to the gouernours where they may haue redresse of disorders but mutter in the eares of the people as if they meant to renew a new massacre or make the 1 Vespres Siciliennes Mach. Histor Fiorent lib. 1. Sicilian euensong which was euidently declared by that blasphemous wretch Hacket Neither may it excuse them which the libeller alledgeth That the burgesses of Parliament are thither sent by all the people which cannot vnderstand what to desire vnlesse they be taught before For if they meant onely to obteine it by parliament and not by force and faction of the people it had bene sufficiēt to teach her Maiestie or the parliament or any one burgesse for so lawes are framed And as those that speake against the lawes and ciuil gouernment in euery place before the people cannot auoide the name of rebels albeit the same be afterwarde motioned in parliamēt no more can these excuse thēselues of disloyaltie in all places declaiming against the present regiment albeit they woulde haue the same altered by parliament Further hee saith that if they pretended rebellion then they would rise vp and reforme things themselues rather then write bookes to that purpose As if it were not madnesse to rise before they had prepared the peoples mindes to rebellion Nay first a side must be made and then matters must bee executed So that it appeareth that his complices did take the direct way to rebellion and that this course could not bee taken before that men were moued to discontentment by villeinous bookes like those of Martin and his whelpes Fiftly he commendeth his clyents for teaching true obedienee and that with greater Zeale and sinceritie then the bishops But the vanitie of this obiection appeareth by the generall doctrine of their chiefe patriarkes for killing of princes raysing of force and rebellion is simple proofe of true obedience And albeit these latter doe not so directly teach it yet Fenner whome 1 He calleth his doctrine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 caelestis Canaan T. C. doth highly magnifie doth allow inferior Magistrates to bridle and depose princes and giueth authoritie to the people to reforme religion from which opinions not only all bishops but all good subiects are very farre Sixtly hee 2 2 Pag. q. 43. that euer his consortes eyther by writing words or acts went about to make any stirres for the bringing in of their new discipline This man wil percase denie that the sunne giueth light at noone day if it make for the cause of the consistory for the sunne is not more cleare then the leud practises of these sectaries Their doctrine doth wholly tende vnto trouble and rebellion 3 De iure magistratuum in subditos Beza in his booke of the power of magistrates doth arme the subiects against the princes in these causes The author of the booke which is intituled Vindiciae
contra tyrannos whom many affirme to bee Beza or Hotoman doth giue power to the subiectes not onely to resist but also to depose and kill the prince if he oppugne Gods lawes and religion whereof they make their discipline a glorious part That this was the opinion of them of Geneua is apparant by the wordes of 4 In an Epistle sent from Die p. hist scotl Knoxe who not onely allowed the doctrine but put it in fragrant practise in Scotland Neyther may we thinke that our platformers haue dissented from their masters Fenner in his booke of diuinitie which Th. Cartw. so well liketh that hee calleth the doctrine of it the vndubitable rules of heauenly Canaan 5 Theolog. Fen p. 186. saith that in euery common wealth there ought to be by the law of God certaine Ephori or magistrates which ought to haue as in Sparta they had authoritie not onely to ouerrule but also to depose the prince According to their doctrine they haue proceeded in writing speaking doing Martin most shamefully rayleth at the present gouernement and wisheth 1 Epitome of Martin that the parliament woulde bring in the eldership notwithstanding her Maiesties resisting it viz. by a rebellion They made diuerse meetings they inueyghed against the state in their publike and priuate speeches in the ende they procured throughout the Realme certayne subscriptions themselues bragged of a hundred thousande handes In playne tearmes they talked of 2 Wight massacring of their aduersaries And Snape in one of his letters sayeth what will you say if wee ouethrowe the Bishops and that gouernement in one day Their further malice appeareth in the Epistle before their leude demonstrations of discipline when all things were readie out startes Hackets two prophetes to mooue the people to rebellion that what they coulde not haue by intreatie they might winne by treason and rebellion That they intended the deliuerie of certaine factious persons committed to prison and to erect the presbyteries and to suppresse the gouernours and lawes their letters examinations and writings doe declare And yet forsooth this ignorant fellowe holdeth thar they neuer went about to mooue any stirre or rebellion percase hee thought these matters had not bene knowen Seuenthly he obiecteth further that if his clientes intende rebellion then the lawes also and bishops doe intende rebellion for that they expect likewise further reformation But the case is vnlike Good men desire reformation of manners by execution of good lawes and supplie of imperfections They stand for the state they withstand all innouations they proceede orderly These fellowes contrariwise seeke the ouerthrowe of infinite lawes of infinite officers and that by reuelling and disorder they seeke the establishment of an vncouth and vnknowen gouernement by faction and conspiracie odious to all states and good men Neyther can hee shroud his clyents vnder master Nowels authoritie for they want much of his learning and honestie and farre diuerse is that eldership hee meaneth from this packe of elders that they desire Neither because printers sell popish bookes by which some are mooued to discontentment doth it follow that therefore it is lawful to mooue discontentment for neyther may they sell them but to men knowen and licenced without punishment nor are all popish bookes of one sort As for Doctor Percy I thinke he doth not set foorth newe lawes nor newe common wealthes but for ease and introduction of students doth gather a summe of all lawes in force but the libellers furious mates would burne them and vtterly ouerthrow law that we might depend vpon the variable oracles of the presbyterie which he seeketh to erect Eightly hee addeth that many doe maintaine papistes and traitors and yet doe not mooue discontentment vnto which I am content that hee maketh his clyentes like for I doe not knowe any in England that hath procured the discharge of more recusants and that not gratis or more holpen them then certaine capitall and principall puritanes The libeller knoweth whome I meane The exception is friuolous and false for neyther are they to bee allowed that maintayne papistes nor puritanes or that procure their discharge Nor may we thinke but that they that maintaine them meane no good to the state and therefore let the gentle dunse aduise hereafter what hee sayeth and not disgrace his best friendes nor lye to no purpose nor benefite of his cause And finally let him not say our argumentes are nought vnlesse hee reply better hitherto hee hath sweate and sayde nothing yea and when hee hath sweate out all his wit yet can he not answere any one title of our reasons The reason that hee setteth downe is his owne reason and is senceles in deed and proceedeth from a man voyd of wisedome learning and honestie But the same set downe in good tearmes will make him in deede ashamed but not as he saith to answere it but because hee cannot answere it No though he professe to speake for the innocent He should haue sayd in the cause of the dumbe for so are the wordes of T. C. his masters text But his clyentes they haue spoken too much and wish themselues they had bene dumbe Now albeit they be not mute yet he taketh them to be innocent and that in his opinion Is not this a worthy fellow thinke you that opposeth his fond and loose opinion against the euidence of witnesses verdict of the iurie sentence of the iudge But what shoulde we looke for other at these mens handes whose braue consistorie and all their learning standeth on 3 or 4 mens opinions But let vs heare what he bringeth to answere our obiections and for discharge of his clyentes that stand at the barre He sayth that Martin where he threatneth that Doctor Bridges shall haue xx fistes about his eares meaneth that many shall write against him A goodly comment As if puritanes wrote with fists rather then fingers which may very well bee for their writing is seditious rude and vnciuill To prooue that Martin meaneth so he alledgeth first that Martin is no Atheist nor papist But there is great doubt of papisme and flat proofe of atheisme for who scoffeth at religion but Atheists and peruerteth scriptures in scorne but such as beleeue no God Secondly he saith xx is too few to make a rebellion But the patch might vnderstād that one is inough to begin a mutinie And that if D. Bridges shall haue xx fistes against him their meaning is that others shall haue many more about them for I thinke their quarrell is not onely against D. Bridges In the ende the libeller seeing his cause desperate saith that hanging is too good for Martin which I yeelde vnto and assigne the libeller for his paynes to be the executioner And thus the noble Martin viz. I. Penry I. Vd. I. F. all Iohns and I. Thr. that all concurred in making of Martin must by sentence of the libeller if they had any euill purpose goe to the gybet to feede Rauens That
sicke cannot bee prooued eyther by scriptures or fathers In Geneua the Deaconship is turned into a vaine office of Proctorship for the poore managed by men of base trades Why then doth he accuse others that is guilty himselfe Article 29 The Deacon must reade the Gospell in the day of his ordination putting on a tunicle but this vesture is scarcely knowen at this day Answere The booke of ordeyning of ministers printed Anno 1559. and confirmed by parliament hath no such matter And therfore vnlesse hee can shewe his author for his tunicle let him weare the tunicle together with his foure elbowed iacket himselfe But admit some piece of apparell were omitted in deacons yet is the fault not great nor to bee ascribed to any but to those that commit the same Article 30 The bishops at the ordination of ministers do tell them the weight of their charges and what labour they ought to take yet most of them are neuer resident Answere If they labour not as they shoulde doe let them bee punished If they bee absent for lawfull causes and at times why are they more blamed then the skittish puritanes that notwithstanding their charge are like malecontent and mutinous persons still wandring vp and downe to places where they haue nought to doe rather to trouble the state then to edifie the Church and rather hinder others labours by spreading of false doctrine and nouelties then helpe by teaching faith and maners Article 31 The lawe woulde haue them giue themselues to their function yet many attend ciuill and worldly affaires Answere If ciuill and ecclesiasticall causes bee so repugnant as is pretended why doe ministers gouerne their families or colledges or what hath T. Cartw. to meddle with the charge of his hospitall a matter meere ciuill and wherein he hath done more good then in ecclesiasticall causes For he hath bestirred himselfe so that what by rewardes what by auailes of his hospitall and pinching those that are committed to his charge and what by buying and selling the man is growen fatte and rich Of his ministery wee see no fruit but contention and trouble Percase hee will say hee is no minister But why then doth hee meddle with the ministers office like to him are his followers men verie stirring and busie in all matters of state howsoeuer this man misliketh them therin Contrariwise for subiectes to execute the commaundementes of the prince and to see their ministerie also discharged is commendable and not onely allowable The lawes of God and the lande allowe it Wherefore then shoulde hee maliciously condemne that which hee cannot disprooue Article 32 Bishops only excommunicate and suspend yet by the booke of ordering ministers euery one is to administer the discipline of Christ And Christ hath giuen the keyes equally Answere The lawe is misreported and misinterpreted For the words are that ministers shoulde minister discipline as this Church hath receiued it and so they doe And by discipline is admonition publicke and priuate and preaching and executing the ordinaries sentence vnderstoode That euery minister by law shoulde excommunicate or suspend others equally cannot bee prooued the keyes were giuen to the Church yet euery one doth not vse them equally the priests of the lawe were all partakers of the priesthoode yet might not all doe all things All were not Iudges nor gouernours nor looked to all things But these fellowes would haue an Anabaptistical equallity brought in that such as haue no merite to mount higher may bring downe others lower make them equall to themselues Both the wordes and practise of the lawe make against the libeller besides all this it woulde bee infinitely inconuenient and absurde if such armes as the Church censures were put in euery cockebrayned fellowes handling and such odde fellowes as the puritanes are made gouernours of the Church equall with the best Article 33 The Bishops Chapplaynes and Doctors vse not priuate admonition in their Cures Answere Many things the libeller affirmeth and prooueth nothing So that it should seeme he taketh pleasure in talking and calumniating But suppose they did not folow the course of puritanes in priuate and parlour admonitions paraphrases is not the office of the minister publike not priuate must he as these puritanes do creepe into womens closets or must he put his feete vnder euery marchant mans table their shriue them such admonitions as the office of ministers and lawes require they do vse The course of puritanes in their priuate exercises and paraphrases they take neither to be commaunded by law nor to bee suffred in reason for the manifold abuses of it and much more credite were it for the puritanes if they had neuer begunne their table sermons nor secrete conference and catechizations of other mens wiues and daughters Article 34 The bishops admit not preachers to preach without licence and make vnpreaching ministers and ordeine ministers without Cure and preach out of Apocrypha against law Answere Neither doe they herein against lawe nor reason For albeit ministers haue by their ordination power to announce the worde by reading yet is it not fitte that euery one should expond it but such as haue learning that is knowen by long experience and must bee testified by writing And good it were that many that take vpon them to preach were turned backe to read For they marre and abuse many good texts of scripture fill the peoples eares with nouelties and want discretion to profit them either in faith or maners Secondly they make none vnpreaching ministers but giue euerie one licence to announce the worde by reading and priuate admonition albeit not by publique exposition Neyther if they shoulde make ministers such onely as can breake the worde aright and are answerable to Saint Paules rules should they finde many such among the conceited sort that preach not Gods word but their owne conceits Thirdly it is not vnfit nor against lawe that men learned should be made ministers though presently they haue no cures nor doth the booke of making ministers condemne it For albeit the word congregation bee vsed yet nameth it no speciall congregation Finally it is not vsuall for any to chuse textes out of the Apocryphall Scriptures yet if any do so the offence is not great seeing for maners they are to bee read and hauing confirmation of Canonicall scriptures are to be receiued That which he saith of bishops that they take away letters of orders vpon euery supposed misdemeanour is vntrue For neither doe they offer it nor may they doe it by lawe Article 35 Seldome doe bishops at the time of their consecration vse Coapes and neuer vse they pastorall staues yet both required by law Answere Neyther Coapes nor pastorall staues are by lawe enioyned to bee vsed The booke of ordering ministers printed Anno 1559. shall witnesse with mee that I say trueth yet in mine opinion it were not amisse to vse pastorall staues if for none other cause yet to beate such