making my selfe knowen to any creature yet when my apparance shall be found more profitable to the Church then my concealement I will come forth and iustifie my words in such maner and forme as I haue writen In the meane time I wish euery true harted Christian To pray for the peace of Ierusalem that nowe at length her Maiestie of God will rather then any other Prince succeeding may haue the honor in reconciling the two twinnes that striue togither is the body of our Church to the great perill and danger of the whole Nubecula est citâ— transibit Certaine Articles vvherein is discouered the negligence of the Bb. their officialles fauourers and followers in perfourmaunce of sundry Ecclesiasticall Statutes Lawes and Ordinaunces Royall and Episcopall published for the gouernement of the Church of England Out of the Statutes 1 BY the statute of 25. H. 8. cap. 15. It is accouÌ„ted by the Parliament against equity and due order of iustice to bring any man in dâ—unger of his life name goods or landes by any intrapping interrogatories or by any other meane then witnesse verdict confession or presentment Yet the Bishops doe examine the Queenes subiectes vpon intrapping interrogatories vvithout verdict vvitnesse confession or presentment to the daunger of then liues names landes and goods for making printing or dispersing of seditious bookes and sundry other grieuous crimes vpon vaine surmises or secret suggestions of lewde persons who dare not auow their accusations in the face of the Defendants Whereby the subiects be intollerably molested without remedy or costs daÌ„mages awarded for their vexations molestatioÌ„s wrongfully susteined 2 All men are baylable that are not prohibited by law to be bayled 2 West ca. 14. yet the Bb. deny bayle to some that ought not to be imprisoned much lesse be vnbayleable by any lawe 3 No officiall or other officer should take any more then three pence for the seale of a citation else they forfayte double costes and dammages to the partie grieued 23. H. 8. ca. 9. 1. Eliz. cap. 1. yet they vsually take more vnder colour of signing or subscrâ—bing a citation which is a thing in lawe materiall Iermes in lawe Tit. Faits 4 No forreine Constitutions whether they be the Popes or Emperours lawes haue any force in our state Onely such Synodall and Prouinciall Ordinances as haue beene made within this Realme are confirmed for lawe 25. H. 8. cap. 19. yet the Bishops in their Consistories doe put in practise the Romish and imperiall constitutions not contenting themselues with the Statutes Iniunctions and other Ecclesiastical ordinances of this Realme 5 Such Canons and Constitutions onely as be not repugnant to the lawes statutes customes of this Realme ought to be put in practise 25. H. 8. cap. 19. But the Bishops giue sentence in infinite matters which would be otherwise ruled by the common lawes 6 The law accompteth them Ministers who are made after anie other order then is prescribed in the lawes of Englande so that they will subscribe to the Articles of saith and doctrine 13. Eliz. cap. 12. yet the Bishops haue reckoned such men as haue bene ordeined ministers in reformed churches to be lay men though they esteeme a popish priest a sufficient minister 7 The lawe requireth a subscription to the Articles of religion onely that concerne the confession of true faith and doctrine of Sacramentes 13. Eliz. cap. 12. The Bishops vrge a subscription to the bookes of Homilies and diuers ceremoniall and transitorie matters neither concerning faith nor Sacrament 8 If the Bishops publishe any Canons or orders to be practised without the Royall assent of her Maiestie they should be fined and imprisoned 25. H. 8. cap. 19. Notwithstanding this statute they publish Subscriptions in their prouinces and Articles in their Diocesses without any assent of hir highnes 9 By the Statute 23 Eliz. cap. 1. the Ordinarie of his Ministers should not take any thing for allowing or licensing a Schoolemaister to teach And neither the statute nor any iniunction or lawe requireth a subscription by Schoolemaisters yet it is famouslie knowen that they extort of Schoolmaisters for licences to teach of some 7 shillings of some tenne shill of some a marke according to his state that admitteth them whether he be Archb. Bishop Chauncelour or officiall The Iustices of peace ought to cause this grosse and palpable extortion to be inquired of at their Sessions The inforcing of subscription vpon Schoolmaisters is vpon like warrant of law and iustice 10 By the great Charter coÌ„firmed by many Kings of England in parliamentes and by the auncient Bb. by their Excommengments None should bee imprisoned but by the lawefull iudgementes of this Peeres or by the lawe of the lande Mag. Chart. Cap. 29. The Bishops will punishe men for not swearing vainly and Women for not being Churched c. without triall or shewing authority of law to warrant their proceedings to the great periudice of the auncient and lawfull libertie of English subiects Out of the Common lawes 11 By common law a man shall not be examined vpon his othe in matters that sound to his reproch For no man is bouÌ„d to accuse him selfe Crompt 182. yet Bishops would examine men vpon their othes in case of felonie as for writing publishing of seditious bookes 12 No man should be cited to a spirituall court to depose there in any matter as witnesse for this is extortion and tort to the party Fitz. Iust. of peace pag. 172. b. Crompt 219. this is not remembred of our spirituall Doctours 13 No Bishop ought to appoint a man to appeare before him to take an oth ex officio sauing in matters of mariage and Willes And the cause of the appearance must be expressed particularly in the citatioÌ„ otherwise it is against law as Iustice Fitzherbert saieth Nat bre pag. 41. yet the Bb. boldly presume against this lawe Out of the booke of common prayer authorised by act of Parliament 14 It appeareth by the Kalender which assigneth 4. chapters to be read euery day through the yeare Also by the preface and order of reading the Psalmes that the morning and euening prayer should be read euery daie through the yeare either publikelie or priuately except great busines hinder yet they be onely read vpon Sundaies Holidaies Wednesdaies and Frydaies and Saintes Fues 15 The Curate must toll a bell to seruice that is he must eyther doe it himselfe or appoint another yet this is deputed to the Sexten or Clarke who is founde by the Parish and not by the Curate 16 The people are to answere the Priest to say AMEN and such like yet this is permitted to the Clearke alone in most places who after the popish order must supply the room of the vnlearned and say Amen as the papists doe abuse the scriptuâ—e to that purpose 17 Where there is singing there the Lessons
the dead man was laide and did aske the dead if he would be baptised in whose name the partie vnder the bed did aunswere That is my desire whereupon the liue man was baptised for the dead And whether the questions and answeres at the baptizing of Inâ—ants in the commâ—nion booke bee not of like nature When the Minister saith to the childe as fit to conceiue as a dead man Wilt thou be baptised in this faith and the godfathers make answere That is my desire 8 Quaere Whether a man may with safe conscience subsâ—ribe that the booke of coÌ„mon prayer conteyneth nothing contrarie to the Scriptures whereas the translation of the Psalmes therein comprised in addition substraction and alteration dissereth from the trueth of the Hebrewe in 200. places at the least 9 Quaere Whether it be agreable to the word of God law of England and practise of any well gouerned Church to puniâ—h that which is taken for slaundering ribaudry villanie with returne of libells ribâ—udâ—ie and villanie And whether Almond for the Parret Martins Moâ—ethes minde c. doe not asmuch offend that way as Martin Marprelate or if they oâ—fend at all why are they suffered not punished 10 Quaere of Matthew Sutcliffe who is alwaies caâ—ping at M. Cartw. purchase why M. Cartw may noâ— sell the landes which he had by discent from his father and buye other with the money aswell as some of the Bishops who by bâ—â—berie simony extortion racking of rent wasâ—ing of woods and such like stratagemes wax rich and purchase great Lordships for their posterity 11 Quaere If the Bish. that affirme it is lawfull to giue liuings appointed for ministers to lay men or D. Bridges aâ—â—irming that a priest may bee Lord ouer her Maiestie or Doct. Bancroft that calleth hir Highnes a pety Pope doe not disfame and dishonour her Maiesty and are thereâ—ore selons 12 Quaere If the Prelates who say that the otâ—e of the Supremacie importeth that hir Maiesty may deuise vvhat Church-gouernement she pleaseth be not in the worde of a Prince and by award of lawe Malicious persons seeing therein they ascribe more to hir Highnes then the Oth of Sâ—premacie with the exposition thereof importeth And whether the Seek of Reâ—ormation yeelding to the oâ—he with the exposition be not hir Highnes good and obedient subiectes 13 Quaere Why the Archbishops of Cant. should not rather be called Popes then Primates of all England seeing that a Cardinal gaue them the name of Primates aâ— Pope did assigne them the name of Popes 14 Quaere If Wicleue Luther Calum Latimer Tindall 〈◊〉 and other were nowe aliue and should speake against the Lordship of Bish. as they doe in their writings to which prison the Bishops would sende them whether to the Fleete Clinke Marshalsie or gate house Whether bookes seene allowed publikelie solde by authoritie doe containe matters of felony and difâ—amatory to the Queene 15 Quaere wherein the papists haue deserued so wel that mainteaning errours hereâ—ies and blasphennes accounting in generall our doctrine our Bishops an Magistrates hereticall and impious should finde more grace then Seekers of Reformation and why they â—hould not be condemned as felons for their abhominable doctrine 16 Quaere If the Bb. proceeding against men Perordinem inquisitâ—onis as Do. Cosins said at the examination of Maister Cartur doe not therein imitate the papall order vsed by the Bb. in time of câ—uelty and blindnes 17 Quaere If Christ were before the Bishops were demaunded of them concerning his doctrine and should answere I spake openly c. why aske ye me aske them that heard mee what I said vnto them beholde they know what I said whether making this answere he should be coÌ„mitted as Maist. Bambridge and Maist. Iohnson were in Cambridge and as many other godly Ministers be ordinarily vpon like occasion 18 Quaere If by the Iudiciall lawes by the course in the Chancerie or Starchamber any man be forced to sweare before he knowe the cause at least in generall whereunto he is to take his oth 19 Quaere whether by the lawes of Englande euery Bish. is not bound to coÌ„firme children as well as Ministers to mary with a ring whether popish young men not yet confirmed by any Bishop may not without daunger of â—awe reâ—use the Communion seeing by the booke of Common prayer nâ—ne must receyue the Lords supper till he be confirmed 20 Quaere whether an ecclesiasticall Iudge may punish Brisâ—one the pâ—pist for writing that our Communion booke is an apishe imitation of the Masse booke seeing the statute giueth onely that authority to Iustices of peace Item whether Bristowe deprauing the Communion booke may bee depriued of all his spirituall promotions for the first offence against the statute seeing the statute appointeth That he who the second 〈…〉 the Communion booke beeing conuicted thereof by verdict c. shâ—lbe depriued of his spirituall promotions Item whether the lawe doeth not fauour the puritane asmuch as the pâ—pist 21 Quaere whether Adultery is to be punished by the Ordinarie seeing the punishment thereof without any sauing to the spirituall Court is giuen by statute to the Iusâ—ices of peace And whether a man may be punished by two corporal or pecumarie puniâ—â—ments in two seuerall Courtes for one the same cause 22 Quaere If any Ordinary haue contriued promulged publiâ—hed Aâ—ticles in his owne name without asâ—ent of her ma iesty vnder seale and inforced hir Highnes subiectes to subscribe vnto the same And for not subscâ—ibing haue suspended or depriued them And whether an ordinary thus doing may not be imprisoned fined at the Queenes pleasure 23 Quaere whether an Ordinarie may cite a man to appeare before him in his Court to depose as awitâ—esse seeing Iustice Fitzherbert sayeth That it is extortion and vviong to the partie And how many of the Bishops be extortioners in that behalfe 24 Quaere whether a man shalbe examined by othe of anie thing that soundeth to his reproch seeing that Nullus tenâ—â—â—â— seâ—psum perdere and vvhether scisme and heresie be not matters that sound to a mans reproch 25 Quaere If an Oâ—dinarie or an ecclesiasticall Iudge citing men ex officio to sweare to accuse them selues in causes neither matrimoniall nor Testamentarie vvhether a Prohibition will ly against them or not Item whether the ordinary his officers ought not to surcease this maner of proceeding vntill the controuersie moued and now depending thereupon in the Starre Chamber by meanes of the opinion of some of the reuereÌ„d Iudges and of the right worshipful and famous Lawier Maister Cooke be determined Item let it be inquired if notwithstanding the displeasure of the Prelattes the graue and learned Iudges of this noble realme priuately debating these matters vvhether among them
nowe bee made as partiall as Maister Cartwright and yet the Seek of Reform for one writer against the gouernement by Elders may name 3000. with it Not one Protestant out of Englande misliketh it Some of the Bb. doe confesse the gouernemente by Eld. was vsed in the Apostolike Church yet they call it a popedome and tyrannie and preferre an inuention of man before it The Seekers of Reformation finde them selues grieued with many matters of fact to which hir Maiestie is not priuy nor party They thinke it harde that any subiect should deuise articles and subscriptions and publish them in their owne names vpon great paines and penalties to be yeelded vnto contrary to the lawes and liberties of Englande It is thought strange that the Bb. should preciseliâ— inforce the statut 〈◊〉 no Mâ—â—ster ought to vse anie other open prayers then bee set forth in the communion booke and extort a promise and subscription to vse the forme in the saide booke prescribed and no otheâ—â— and yet iâ—ome Ministers when the Spaniardes were vpon the Seas to vse in publike assemblies newe prayers which the Bb. themselues had contriued The Bishops â—care for the Church is commendable but not the contradiction They see not why the Bb. should driue them to weare a Surplisse and yet themselues neglect the vse of Pastorall staues seeing the lawes tie the Bishops to the one aswell as the Ministers to the other They holde it scarce agreeable to lawe that Maister Cawdrie offending in the first degree against the statute that authorizeth the Communion booke should be punished as an oftendour in the second degree and that by an ecclesiastical court albeit by lawe he should haue bene conuicted thereof according to the common lawes by the verdict of twelâ—e men c. They complaine that the Ecclesiasticall Commissioners hauing onely to deale in causes which by ecclesiastâ—call power maie bee corrected doe conuent before them the publishers and writers of bookes for Reformation which are supposed to be felonious therefore punishable by temporall â—ustices They thinke it harde that in cases repleuisâ—ble by lawe they may not be baâ—led by sufficient suertie They thinke they haue iniurie when they are cited by Bb. to make othes and recognisances in causes not testamentarie or matrimoniall They take it grieuously that they are compelled to take infinite and generall othes to aunswere to intrapping interrogatories as was practised by the cruell Bb. in Henâ—y the fourths time and that in matters notorious where neyther sufficient proofe nor witnesse is wanting They pretende many other grieuances as to bee inprisoned suspended degraded and deprâ—â—ed without due cause and course of lawe the subiects thereby being left destitute of heauenly teaching and committed to ignorâ—â—t or carelesse prelats who suffereth the atheâ—st the papist and traitour to pray vpon them Lastly they greatly complaine that the Bb. shoulde bee so vnnaturall as to seeke the life of a right godly and faithfull Preacher of the Gospell I meane Maister Vdall to whom life was offred if he woulde but take his oth that hee did not make a booke whereof he was supposed to be authour A rare example that a man shoulde bee knowen standing at a barre shackled in bolts but quaere quo iure and coupled with a murtherer whose conscience was thought so faithfull and sound by the Iudge himselfe that he woulde not swere falsely to gaine his life Hir most excellent Maiestie is free and cleare from all this dealing Shee doeth not oppugne the knowen trueth Shee thinketh the present reformatioÌ„ to be sufficient Shee weigheth not heresie by the drowsie dreame of one Doctour Shee doeth not ioine with the papists in concluding all protestants to be heretikes Shee doeth not account that straunge and monstrous that the most auncient and best interpreters doe agree vpon Shee braggeth not of all when shee hath fewe or none Shee freeth not hir selfe from lawfull censures Shee calleth the Seekers of Reformation that yeelde to the oth of the Supremacie as shee expoundeth it Hâ—r good and obedient subiectes and adiudgeth their aduersaries Maliciouâ— persons Shee doeth not reuile the Apostolike gouernement Shee doth not authorize the Bishops to contradict the lawes their owne articles proceedings to incrouch vpon the temporal Courts to call men before them where their Courtes cannot holde plea and to vexe them without mercy or iustice To be short shee hath not sought the life of a Minister of the Gospell but like Abigail blessed of the Lorde God of Israell hath kept the handes of the executioner from shedding innocente bloude The Bishops perswade hir Hignes for who woulde not beleeue the Graue fathers of the lande knowing nothing to the coÌ„trary that matters of the Church goe very well But if it shall appeare to hir Maiestie to be otherwise shee will of hir gracious disposition make speede to a better reformation Wherefore seeing they that write for Reformation haue cause or may pretend cause or colour of cause to beare hatred to the Bishops which can not any way be applied to hir Maiesty it followeth that the hatred or malice if you will haue it proceeding from these causes can not fall vpon hir Maiestie for the offences bring hatred and malice to the person men be maliced hated not for sinnes of ignorance or good meaning but of knowledge and wilfulnesse Furthermore the Seekers of Reformation can not haue any Malicious intent in writing for the Discipline They offer their liues to proue the trueth necessitie vtilitie thereof Though a papists cause be nought yet his intent may be good And why should not we presume so much for a good christian as for a popish traitour and impious idolater Lastly they doe not write False and slaunderous things the worde seditious belongeth to the accusation of Rebellion for that doeth not yet appeare The last replies are not yet answered Many things still obiected which were long agoe confuted The followers of Reformation lacke libertie to aunswere in their owne cause If they speake they be silenced if they write they wante PRINTERS They bee shut vp in close prisons their handes as it were bounde then buffeted They are blindfolded and then must reed who did smite them Vnlesse the Iustices and lurours can disproue all that hath bene written and confounde the most profound Clarks in the world whom the Bishops aduersaries haue shewed to stande for this reformation they cannot iustly sentence their writings to be false and slaunderous The certificat of the Bb. in this case is traâ—ersable and not to be admitted They stande at the barre as parties It is worse then heathenish to beleeue Scipio Africanus who conquered the thirde parte of the worlde vvhen hee speaketh in his owne cause If our sauiour Christ should beare witnesse of him selfe his witnesse were not fitte though it must needes
friuolous against the state why is it not so against the members and partes of the state I might adde here that all Pâ—inters who sell popish bookes and all others who publish or deliuer from hande to hande any popiâ—he or other booke that crosseth the present gouuernement were felons by this statute if this argument might haue place I might also giue a caueat to Maister Doctor Percie that he doe not proceede in perfecting the booke which Crammer Cox Haddon and others beganne touchinge reformation of the lawes ecclesiasticall least peraduenture he should draw the people to be discontented with the lawes in force and by that meanes incurre the penaltie of this statute I might also shew that they who hauing receyued greate benefites of hir Maiestie doe contrarie to the trust reposed in them maineteyne preferre and aduance notoriously suspected papistes hollow-harted traitours and close enemies to hir Highnes hir Crowne and Dignitie opposing themselues against they knowe not what I might I saye shewe that those men doe prouoke a discontentement in hir Maiesties subiects but I will not stande her cupon For whatsoeuer discontentement is raised in men I knowe none that are falne into such madnes as to endeuour a rebelliâ—â— Neither can I conceyue cause of such feare vnles we doubt that the popish â—orte being incouraged by the aduancement of their friends the disgrace of their greatest enimies the passing by of them pursuing of others should increase in number as they doe without question mightily and then returne to their aunciâ—t rebellions ad diuelish practices Thus much may suffice to be spoken to the generall argument vsed by the Bb. their solicitours to proue the writings for ReformatioÌ„ to be rebellious Their reason is so sencelesse that I maruell how it can proceede from men of wisedome I am ashamed to bestowe more labour vpon it The seconde accusation of writing to moue rebellion concerneth particular speaches scattered here and there in some bookes which I would willingly deale vvithall sauing that I haue resolued to open my mouth in the cause of the innoceÌ„t and to speake in their behalfe that are vnworthily in mine opinion adiudged to death Which trauell I would take aswell for the Bish. as for the Seekers of Reformation if they should come into the like perill There neuer yet hapned any rebellion vnder her Maiesty by the instigatioÌ„ of them that wâ—ite in the cause of reforming the Church-gouernemeâ—t But if any should write to the intent to stâ—rre rebellion or insurrection though no insurrection or rebellion thereupon ensue yet they be felons by this statute Now whether the authors aboue named haue writen to that intent that commeth next to be discussed We ought not to bring newe sences vnto wordes but take that sence onely which the authour bringeth To take the wordes without the sence is to catch at the shadowe leaue the body Where wordes haue diuers sences some good and some ill by the rule of loue vnlesâ—e vehement presumption doe force the contrary we ought to take the better leaue the worse especially in criminall and capitall causes Because the Gods of the earth I meane the Magistrates ought after the example of the God of heauen incline rather to mercie then iustice Which is the reason that by the lawe The interpretation most beneficiall for the defendant should bee accepted For it is better to spare the guiltie then take away the innocent because Bloud being spilt vpon the grounde like water can not bee gathered vp againe but a guilty person spared at one time may be requited at another Wherefore it is needeful that â—uidences in cases of bloud should haue Claritatem probationis in quadam excellentia A clearenes of proofe in an excellent brightnesse If there be no euidence of trueth to induce vs to interprete the woordes vrged by aduersaries to ReformatioÌ„ of anie rebellious intendement then it will appeare that the writers for Discipline bee not iustly dravven within this statute That which D. Bancroft alleadgeth of Martine threatning of fistes cannot in any equitie be drawen tor bellion In saying That D. Brâ—dges for writing against the Reformat woulde shortlie the haue twentie fistes about his eares more then his owne hee meaneth nothing else but that manie would exercise their handes in writing against D. Bridges vvhich hath prooued true Thus he explaneth him selfe in his seconde booke the wordes in our vsuall phrase importing such a matter To vnderstande this as if Martin did incite to insurrection or rebellion is altogither without reason Here is neither argument exhortation or denunciation that implieth any motion to rebellion Matin could not be so mâ—d as to imagine that such a light speach as this were sufficient to drawe men to seditioÌ„ especially such men as holde for an article of religion that it is altogither vnlawefull for any subiect to resist his lawefull Prince that holdeth of no creature but the God of heauen If Martin had beene an Acheist or Papist who by their religion may Rebell against lawfull soueraine Princes theÌ„ there might be some colour of this accusation especially if insteed of twenty fists Martin had saide twentie Halberds as the Bb. of LoÌ„don doeth comment vppon him Though twentie Halber deâ— much lesse twentie fistes coulde doe little to the raising of rebellion within Englande Doubtles Martin doeth abhorre such horrible purposes or if he cary any such minde hanging is too good for him Whereas Martin Senior speaketh of an hundred thousand handes and of striking his wordes bee carried as I am perswaded altogether from his sence and meaning In that place he exhorteth the Lords Gentlemen and people of England to become ioint-suiters by one supplication to her maiestie that in euery parishe there may be a preacher so neare as may be that vnlawfull callings may be remooued and Christes officers restored to the Church that there might bee a quiet meeting for the debating of the controuersies or that men might be suffered to sue the Prelates at the Kinges bench in cases where they abuse the subiectes against the lawes of â—â—gland He addeth that there might be procured an hundred thousande handes to this supplication of knowen men in this lande all her Maiesties most loyall and trustie louing subiectes that these togither vvoulde strike a great stroke especiallie in so reasonable and iust a sute These are his words For opening of which I propounde this question whether any man doeth knowe the meaning of these wordes better then the authour himselfe which no man will affirme as I thinke Then looke further vppon the wordes that follow He falleth into a discourse of the Bishoppes English as he tearmeth it showing that they peruert by sinister exposition the ordinary proprietie of our English phrase vvhereof he giueth diuerse examples and at length commeth to this That if a man should aske the Bb. vvhat it were in their language to preferre such duâ—tiful
it euidently appeare where the fault lyeth This is the intent of this humble petition made onely for the peace of this Church quiet of the Realme Which two things it behooueth all Christian subiectes to aduaunce forward with their whole endeuour The God almighty who to the great wonder of the world hath most miraculousâ—ie defended and deliuered you from all the cursed enterprises against your Realme and person preserue your Maiestie many yeares in health honour prosperity and victory to his glory the good of his Church the reliefe of his Saints to the ioy of Englande and all Nations that professe the trueth AMEN good Lord and cursed be he from heauen that sayeth not from the heart AMEN AMEN To the ende that it may appeare howe vniustlie the Seekers of Reformation are slaundered by the Bishoppes and others I thought good briesâ—â—e and truely to deliuer the opinions of such as sue for Reformation which I haue gathered out of their bookes and seene in their practise and heard in conference which I haue had with them 1 THEY openly professe and acknowledge that they be sinfull men subiect to infirmity as well as others They doe not call or account them selues Catharâ— or 〈◊〉 and therefore if Augustine say true that Catharâ— sunt qâ—i â—eipsos isto nomine quafi propter munditiâ—â— suberbissime at que oâ—iosissimè nominant They bee Puritanes That in conceipt of their owne puritie doâ— most proudly and odiously call them selues by that name then vvithout question they be no Puritanes vnles in that sence that all the Apostles saue Iudas and all other true Christians are called 〈◊〉 or Puritanes in the Scriptures 2 They doe absolutely yeelde and subscribe to all the articles of Christian fâ—â—th and doctrine professed in the Church of Englande according as they bee inioyned by the lawes of the lande and therefore they doe not offende against the Statute made in the thirteenth yeare of her Highnes raigne and withall haue open iniurie in being called schismatikes 3 They doe vnfeinedly giue to her maiesty all that power soueraâ—tie and authoritie whatsoeuer is recognised to be in her Highnes by the othe of the Supremacies as her maiesty 〈◊〉 and the Parliament haue expounded 〈◊〉 and thereâ—ore they be not Traytours by the statutes of 〈◊〉 or quinto of her Maiesty 4 They professe all submission reuerence and obedience to the right Honourable the Lordes of the priuy Councell the Iudges and all other ciuill Magistrates of this state honouring them as Lieutenants of God and her Maiesty and therefore they be not Anababtists who would abandon the authority of Magistrates and distinctions of states among Christians And although they beleeue that it is not agreeable to the doctrine and example of Christ and his Apostles that Bb. and Preachers should accept temporall Lordship and ciuill authority yet they honour that authoritie which is deriued to them from her Maiestie in regard whereof they submit them selues to be conuented imprisoned fined c. by them much lesse will they vvith force and armes resist or rebell against her Maiesties most lawfull authority eyther in her selfe or being deputed to others who are not disabled by Gods worde to vse it and therefore they bee not within the statute of vice â—imo tertio of Raising rebellion against her Highness 5 They hold it lawfull and necessarie before Magistrates to take an oth being called thereunto so that the oth being a matter highly concerning the worship of God be guided and taken as the Scriptures allowe that is not in vaine where a matter may bee otherwise proued by sufficient euidence or witnesse nor yet rashly as swearing to answere they know not to what or before the Articles which they must answere vpoÌ„ their oth be made knowen vnto them 6 They seeke not to pull downe the Courts of Iustice as the high Court of ParliameÌ„t the Starchamber the Kings bench the Chanceriâ— or any of the rest but they desire they may stande as they doe sauing that Bb. Ecclesiasticall persons should be shut out from them set to preach the gospell follow their owne vocation not being charged with other offices vnles they were sometimes called in weighty difficult causes to giue counsell aduise what may or should be done by the word of God 7 They denie not but that matters of Testamentes and Mariages may bee determined by Ciuilians in their Courtes if it seeme not good to the Parliament to transferre these things to the temporall Lawiers alwaies prouided that their Courtes may be made meere teÌ„porall not intermedling wi the Church Censures prouided likewise that the Bb. or other Ministers haue no dealing therin prouided also that causes may be iudged there not by popes lawes but by the word of God the laudable Customes Statutes Iniunctions Synodall and Prouinciall Constitutions accepted in this Realme a greable to the word of God and established by hir Maiesties authoritie and act of Parliament 8 They teach that neyther the Ministerie nor people of this Realme ought to make any general Reformation neither with force and armes or otherwise of their owne authoritie change any lawes made or established for religion by authoritie of Parliament but they holde that the generall reformation doeth belong to the Magistrate as Gods Lieuetenant to deale in and that for them selues they may and oughte in dutifull and christian forte both preache write and sue to the Magistrates for redresse of enormities and also practise the or dinances of Christ which he hath commanded his Church to keepe to the ende of the world and therefore they haue not incurred the dangers of lawes made against Riots Routes or vnlawfull Assemblies 9 They detest all such as aduisedly falsly or maliciousâ—ie slaunder or disâ—ame her most excellent Maiestie and therfore they be not felons by the statut prouided against spreaders of Newes or false rumours 10 They doe maineteyne that according to the approued doctrine of Englande Emperours or any Christian magistrats whatsoeuer being members of the Church of Christ ought to submit themselues to excommunication or other ecclesiastical censures being duely orderly vpon iust occasion according to the commaundements of Christ executed 11 That a Magistrate standing excommunicated ought to be obeyed and honoured in all respectes of subiection for custome subsidie loue or any other imposition or seruice whatsoeuer of body goods and landes as if hee were not excommunicated And therefore they abhorre the Antichristian and most pestiferous doctrine of the popish â—orte that giueth liberty to the subiect to withholde his seruices and duties from the Magistrate so long as he standeth excommunicate 12 Their suite to her Mâ—iesty and this honorable state is that it may be permitted and enacted by law that the church of Christ may bee ruled by such lawes orders and officers as Christ himselfe hath expressed in his
be true In Parliaments that concerned the Bb. as parties they haue bene excluded But the law and state of England you will say accouÌ„t these things False So the lawes of other nations account them true In matters of God as is the gouernement of the Church the lawes of God ought to determine trueth and falâ—hood They only should informe the conscience of Iudges There is not alia veritas Theologica alia Philosophica one trueth in Diuinitie another in Philosophie or humanity That distinction is false and contradictory God is one his worde one his worke one his trueth one We may aswell say There be two Sunnes as two Truethes respectiuely in one thing The worde of God not lawe of man is the touchstone of this trueth Iustice Gascoine being demaunded of King Henrie the 4. what he would doe if a man guiltles in his owne knowledge vvere founde guilty of murther by verdict afore him made this aunswere although the verdict was as good in lawe as any lawe That hee would respite iudgement and craue the Kings pardon for the partie conuicted With which answere the King was well pleased Whereby we learne that our owne knowledge and the lawe of God assured in our conscience ought rather to guide our iudgement then the verdict of law or testimonie of men Seeing then that the seekers of Reformat haue not writen neither doe write Aduisedly Maliciously or Falslie muchlesse both Aduisedlie Maliciouslie and Falslie to diffame her Maiesty for the wordes be in the copulatiue I conclude in this generally negatiuely to the aduersaries argument though I should admit it to be true yet considering these things doe not coÌ„curre in writing of bookes for Reformation that they bee not within compasse of this statute 2 This statute is not meant of her maiesties lawes her politike members or state of Bb. but only of her Highnes Royall person as appeareth by wordes and drift thereof It is taken almost verbatim from an act made by King Philip Queene Marie which throughout still aimeth at their owne persons Of whom the statute saieth but could not meane of their members politike or lawes Wee are forbidden by Gods lawe so much as to thinke ill much lesse to speake ill This act determined with Queene Maries life In this statute of 23. the preamble importeth that it vvas made to suppresse such persons as were ill affected to her maiestie The body of the lawe bendeth against them onely that slaunder the Queenes most excellent Maiestie that nowe is By the last prouiso in it this acte hath no longer continuaunce then during the naturall life of hir Maiestie that nowe is The state of Bb. vnles God shorten it and the politike members and lawes if speciall prouisoes doe not choake them are to continue euer Wherefore this statute being meant of her Maiesties naturall person which is subiect to mortality aswell as other and not of her body politike which liueth euer they that diffame the members of the body politike can not be truely saide to diffame the Queene as this statute doeth intende 3 By the wordes of this statute If any offendâ— in vvriting bookes to the diffamation of the Queene the same offence not beeing made treason by any other statute such diffamation shalbe deemed felonie By the wordes Other statute is meant among the rest a lawe made 13. Eliz. c. 1. Whereby it is enacted that whosoeuer shall publâ—she that her Highnes is an heretike schismatike tyraÌ„t c. shalbe punished as a traytor By comparing these statutes which haue apparant relation the one to the other it should seeme that by the one namely that of 23. her maiesties honour is protected from peâ—ite slaunders such as in temperancy vncleanenesse and such like and by the other grand slanders are preuented as heresie schisme tyranny and such like The one adiudged felony the other treason Out of which statutes I reason thus If the Seekers of Reformation diffaming her maiesties lawes and members politike doe diffame the Queene and are there fore felons by the statute of 23. Eliz. then they that in a higher degree diffame the lawes and body politike doe diffame her Highnes and are traytours by the statute of 13. Eli. But the papistes diffaming her maiesties lawes in making the articles of Religion established by law flat heresies and accounting of the Bishops as hereticall schismatical and vsurping doe diffame the lawes and members politike of the Queene in a higher degree then the Seekers of Reformation yet were neuer taken and punished as traytours for diffaming the Queene though they haue by monstrous conspiracies horrible practises giuen cause of extreame rigour Therefore the seekers of reforma diffaming the Queenes lawes and body politike doe not diffame the Queene nor are felons by the statute of 23. Elizab. 4 Euery penall lawe concerning life is to be expounded strictly according to the literall and grammaticall sence not by inference or equity as appeareth by these examples There is a statute that whosoeuer doeth call her Maiestie heretike bee traytours as I noted before The papistes call all Protestants in generall Heretikes yet they be not for such speeches drawne within the statute though they doe inclusiuely call the Queene heretike Moreouer None that feloniously steale horses shall haue their cleargie Accessories to stealers of horses be stealers of horses both by the lawe of God before whome euery sinner is a principall and by the lawe of this lande For if they cannot reade they shall suffer as felons Yet accessories to stealing of horses shall haue their cleargie though in nature there is the greatest proximity and in argument the most equall inference and easie slide from the generall 〈◊〉 the speciall that can be imagined Lastlie because I will not insist in a matter so common the same statute of stealing of horses affordeth the like learning Therein it is saide that No stealer of horses in the plural number shall haue his cleargie Which number is often in common speach and in penall lawes touching landes goods taken Synecdochechios for the singulare Yet King Edwardes Iudges pursuing the precise letter of the statut were so scrupulous for the life of a man that they durst not deny the benefite of the Cleargie to him that had stolne one horse Whereupon the wise of Englande whome we are more to regarde then any one man made a newe I awe That whosoeuer stole any horse should not be admitted to his cleargie These Iudges that would not wrest a law one heare breadth against a horse stealer would haue bene as fauourable to honest Christians But some thinke that we haue cheuerel lawes that may be recked stretched at mens pleasure wheras penall lawes that touch mans life haue beene alwaies expounded in a most strict sence This statute of 23. is a penall lawe concerning the body life of man The expresse syllables and wordes directed onely against them that diffame
let him doe alwaies his best diligence If hee be so necessarie for the Court that in ciuâ—ll causes hee can not bee spared let him vse that vocation and spare the other It is not possible hee should doe both well It is a great ouersight in Princes thus to charge them with two burthens If this excellent and right famous man were now aliue and should say thus much hee might peraduenture if some had their will be martyred once againe Hee addeth further That the primitiue Church had no such Bb. as we They had such Bishops as did preach many godly Sermons in lesse time then our Bb. horses bee a bridling Their house was the schoole and treasure house of Gods Ministers If it bee so nowe let euery man iudge The Magistrates that suffer the abuâ—â— of these goods bee culâ—able of the fault If the fourth part of the Bishoprâ—ck remained to the Bishop it were sufficient The third part to schoolemaisters The second to the poore and souldiers were better bestowed If any be offended with me for this my saying hee loueth not his owne health nor Gods lawes nor mâ—ns Out of which I am alwaies readie to prooue the thing I haue saide to be true Further I speake of loue not hatred This was writen by this noble Maâ—tyr against the protestant Bb. vnder king Edward the sixt In these words he doeth not obscurely reproue the King and all Princes that mainteine the state of Bb. yet neither the Bb. nor Iudges in King Edwards time did adiudge this holy man to be a diffamer of princes His bookes touching this maâ—â—er haue bene publikely printed and solde and euen nowe are to be solde vnder hir maiestie Father Latimer another man of God and holy martyr was a Bishop in King Henry the eight his time but he gaue ouer his Bishoprike as also Shaxton Bishop of Salisburie did at the same time being diuested of his Bishoplike habite he skipped for â—oy as maister Foxe reporteth feeling his shoulders so light and being discharged as he said of so heauie a burthen Thus he speaketh of the Bishops in King Edwarde the sixts dayes in his sermon of the ploughe Ye that be Prelats looke well to your office for right Prelacâ—e is busie labouring and not Lording Thus much I say that since Lording and Loitering hath come vppe preaching hath come downe contrarie to the Apostles times They preached and Lorded not And nowe they Lorde and preache not They that bee Lordes will ill to ploughe It is no meete office for them If the ploughmen that nowe be vvere made Lordes they would cleane giue ouer ploughing and fall to Lording out right and let the ploughe stande By the loytering and lording of Prelates preaching and ploughing is cleane gone They are occupied some in the Kinges matters some are Embassadours some of the priuie Councell some to furnishe the Court some are Lordes of the Parliament some are Presidentes and Controllers of Minâ—es Well Well is this their duetie is this their office If the Apostles might not leaue preaching to be Deacons shall one leaue it for minting Heare my country Englande as Paul saâ—â—d in his first Epistle to the Corinths 6. chap. Is there vtterly among you no wise man to be arbitratours in matters of iudgement What none that can chuse between brother and brother c. Ad erubescentiam vestram dicâ— I speake to your shame So Englande I speake to thy shame Is there neuer a Noble man to bee a Lord Preâ—iaent but it must bee a Prelate Is there neuer a wise man in the Realme to bee a controller of the Mâ—nâ—e I speake it to your shame I speake it to your shame If there bee neâ—er a wise man make a Waterbearer a Tiâ—ker a Cobler a Slaue a Pagâ— controller of the Minte Make a meane Gentleman a Grome a Yeoman make a poore begger Lorde President This I speake not that I would haue it so but to your shame if there bee neuer a gentleman meete nor able to bee Lorde President It is a slaâ—â—der to the Noble men as though they lacked wisedome and learning to bee able for such office or else vvere men of no conscience or else vvere not meete for such offices A Prelate hath a charge and a cure otherwise and therefore hee cannot bee both a Lorde President and discharge his duetie too For a Presidentship requireth a vvhole man and a Bishop can not be two man Let the Priest preache and let the Noblâ— man handle temporall matters Then he proceedeth and telleth who is the most diligent Bb. in all England euen the Diuell who is alwaies in his Cure and Dioces keeping alwaies Residence He is no vnpreaching prelate Hee is no lordly loyâ—erer from his cure but a busie ploughman Therefore yee vnpreaching prelates learne of the Diuell to bee diligent in dooing of your office Learne of the Diuell if you will not learne of God nor good men For shame learne of the Diuell Ad erubescentiam vestram dico I speake it to your shame And in a Sermon before the King Though I say that I vvould wishe moe L. Presidents I meane not that I vvould haue Prelates Lorde Presidentes The office of a President ship is a ciuill office and it cannot bee that one man should discharge both offices well Thus Puritan-like wrote Father Latimer the famous martyr yet he vvas neuer esteemed a troubler of the state a Marprince and a diffamer of the King though in deede he was a Mar-bishop and Mar-prelate His Sermons containing this matter are publikelie to bee solde with authoritie testified in these wordes seene and allowed according to the order of the Queenes inâ—â—nctions And Matâ—hewa Sutcliffe saieth That bookes which passe with this approbatioÌ„ doe conteine nothing contrary to the State of this Realme Therefore it were straunge that the Seekers of Reformation should suffer as felons for writing against the ciuill offices of Bishops against their authority in the Parliamâ—nt in the councell and such like ciuill places seeing writings to that effect be seene solde and allowed as not preiudicall to our estate neither diffamatorie to her maiesty Maister Nowell in his Catechisme fully grounded on Gods worde and receyued and allowed by the church of England as the Bishops say and commaunded to be learned of ministers taught of all schoolemaisters doeth write thus of the Eldership If the Church were well ordered there should be in it a gouernement by chosen Elders or ecclesiasticall Magistrates such as was in the primitiue Church Shall men suffer as felons for such things as are fully grounden on Gods worde and receyued allowed and coÌ„maunded to be taught in the church and schooles of Englande The Lord forbid Doctor Rainolds the iewell of Englande publike professor of Diuinitie in Oxforde at the appointement and charges of the right vertuous and noble Earle of Essex did alleadge in open