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A05089 A petition directed to Her Most Excellent Maiestie wherein is deliuered 1. A meane howe to compound the ciuill dissention in the Church of England, 2. A proofe that they who write for reformation, do not offend against the stat. of 23. Eliz. c.2. and therefore till matters be compounded, deserue more fauour ... : here vnto is annexed, some opinions of such as sue for reformation ... : also, certayne articles vvherein is discouered the negligence of the bishoppes ... : lastlie, certayne questions or interrogatories dravvn by a fauourer of reformation ... Barrow, Henry, 1550?-1593. 1591 (1591) STC 1522A; ESTC S1453 68,920 84

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the maior saniorque pars pollo● kagathoi did not condemne the practises of the Prelates as repugnant to lawe 26 Quaere if these Iudges that haue onely commission to deale in causes which by Ecclesiasticall authori●ie may bee ordred may cite men ex officio to take an othe before them to accuse them selues in matter neither Testa●entarie nor Matrimoniall Item vvhether such ecclesiasticall Iudges may by vertue of the st●tute whereupon their commission is grounded commit the Queenes naturall subiestes to prison espeally for refusing to take the oth ex officio beeing ministred in causes neither Matrimoniall or Testamentarie ●tem whether they ought to commit any of the Queenes subiectes to prison when he tendreth sufficient baile or ●●ertie especiallie in cases where baile and mainprise is not taken away by anie statute Item whether if any in such case be committed the Writt D● homine replegiand● doeth not ly Item what satisfaction D. Cosins D. Bancroft D. Stanop and others hauing onely commission in matters to be ordered by Ecclesiasticall power ought to make hir Maiesty free and louinge subiectes who haue ex officio bene cited by them to take an othe in cases neither Matrimoniall nor Testamentarie and refusing to take that othe haue bene committed by great multitudes to prison without baile or mainprise in cases not debarred from baile by any statute Item whether may they keepe such persons by them committed in prison monethes and yeares without calling them to aunswere or accusing them of any crime Item whether for this dealing they doe not deserue to smell of the like punishment themselues 27 Quaere whether any Ecclesiasticall Iudge hath conuented examined and committed any for matters felonious touching the Queenes Crowne dignitie whether these practises do not instanter instantius instantissime craue the Pr●munire 28 Quaere Whether Sir Iohn Markham chiefe Iustice of Englande did not tell King Edwarde the 4. that hee might not arrest any man for suspicion of treason or felonie as any of his subiects might because that if he did any man wronge the party might haue no actiō against him And if the King by imprisoning a man may do him wrong much more may any subiect and therefore good remedy may be had against him for so doing 29 Quaere Whether it be not lesse danger to blaspheme the blessed Name of the great God then to speake against a L. Bishop Item whether ●oe ●inisters haue bene depriued within these seauen yeares for ceremonies of men then for drunkenesse whoredome and other breaches of the lawe of God 30 Quaere Why the Ministers may not refuse to weare a Surples●e as a Bishop to vse a Pastoral staff seeing the lawes inforce them both alike 31 Quaere whether the Seek of Reformation bee not indaungered of their life and withhelde from their liberty on lie for their religion and conscience in matters of Discipline pro●essed by forraine Christian Churches yea and authorized in Englande seeing notwithstanding all 〈◊〉 of d●ffaming hir Maiesty or ra●●ing Rebellion their life and libertie is daiely offered to them by the Bishops if they will renounce and recant their opinions And whether 〈◊〉 the popishe pe●secuting ● b in ●nglande at any time heretofore executed any man that agreed with them in their f●ith and 〈◊〉 onely because he differed from them in matters of externall forme ceremonie or circumstance as our ●b doe attempte by all indeu●ur 32 Quaere whether he that publisheth bookes with long premeditation fore-consideration doeth publish the same with a Malicious intent seeing fewe men deale in any action of importance but with great deliberation though it falleth out often that they labour against the trueth and yet are not adiudged Malicious persons And if a Councelour or Se●ieant doeth often by long aduise argue against the trueth and yet without Malice howe doeth a prepensed and long intended purpose proue a Malice in the Authour of Demonstration or any other writer 33 Quaere whether the Bishops and their Officialles doe not oftentimes in their Courts sentence iudge and rule cau●es contrarie to the customarie and common lawes of Englande aswell as against the Statutes in matters of Diffamation Testaments such like And whether a Prohibit●o shoulde not proceed against them if they determine any case against the common lawes customes and statutes of this Realme seing the statute of 25. H. 8. cap. 19 doth establish such spirituall lawes onely as are not repugnant to the Lawes Customes and Statutes of Englande 34 Quaere By what authoritie the Bishops do practise put in execution the Popish and Ciuill Lawes in their Courtes seeing the statute of 1 Eliz cap. 1. doeth banishe out of this Realme all forreine authoritie And seeing the statutes of 25. H. 8. cap. 19. 1. Eliz. cap. 1. doe onely respect and authorize the Canons Constitutions c. Prouinciall and Synodall vvhich haue bene made heretofore within this Realme of Englande And whether the Bb. for doing thus be not in the Premunire or at least imprisonable and finable at hir Maiesties pleasure 35 Quaere Whether they incroache more vppon the ciuill Magistrate that in their Courtes deale with Willes Tithes Mariages c. That excommunicate for mony ●hat disable men by their excommunications to sue any accusations in their owne right That make dispensations to their Soueraine vnder their hande and seale That be Barons of the Realme ●ustices of peace And punish by fine imprisonment losse of limme and 〈◊〉 as the Bishops doe or they that onely admonishe suspende and excommunicate and proceede no whit at all any further as the Eldersh●p doth would doe 36 Quaere if Moses vnder the lawe and Timothie and others vnder the Gospell needed to haue a forme of gouuerning the Church prescribed to them by the Lorde whether it be likely that the Lorde woulde commit the Church to M. Whitgift M. Cooper M. Bancroft and others to frame a gouernment for it at their pleasures 37 Quaere if Iohn a Stile should graunt there vvas a gouuernement by Elders in the primitiue Apostolicall and best Church and should call the same gouernement a popedome and tyran●y whether this did not ranckly smell of detestable atheisme 38 Quaere whether the Churches in Scotlande France the lowe Countries Hungarie Polelande Bohemi● Saxon●e Heluet●a And the County Palatine of Rhene and vvhether Zumgl●us Occolampad●us Melancthon Bucer Caluin Zanchius Martyr and infinite other the most excellent Diuines in all the worlde commending the continuance of the Eldership be all Anabaptistes Puritanes rebells traytours mare-states mar-lawes mar-mar-princes and mar-alls and Doctor Bancrofte Matthewe Sutcliffe c. the onely good subiectes in all the worlde 38 Quaere whether the Kinges of France and Scotla●de the Princes of Condy and Orange the Duke of Saxonie the Countie Palatine of Rhene the States of the lowe Countries manie other Dukes Princes Marquesses Earles Barons and
her Maiestie that nowe is There is not one pricke pointing at the Queenes lawes or state of Bb. Therefore it is to be taken strictly of the Queene against whom the Seekers of Reformation haue not writen and by consequent haue not infringed this statute 5 Her maiesty is a body politike and hath members politike in fiction onely and in politicall imagination not in truth and verity In like imagination the lawe sayeth shee cannot doe wronge shee is alwaies of perfect age shee is not subiect to any passion shee can not bee imprisoned sicke or due Thinges in themselues vntrue Therefore he that diffameth her members politike doeth diffame her maiesty only in fiction that is in plaine english not at all 6 If they that write against the state of Bb. diffame her maiesty that vpholdeth it Then doe they that call the gouernement by Elders antichristian a popedome c. diffame the Queene also For hir maiesty hath authorized or at the least openly and notoriously tollerated the gouernement by Elders in forraine Churches that haue fled for succour into Her Dominions and haue bene admitted to vse the gouernement by Elders euen as our fugitiues in Queene Maries time founde like liberty and fauour in strange nations 7 If they that diffame the Queenes members politike diffame the Queene then they that take awaye the life of her members politike commit treason against the Queene The same reason caeteris paribus maketh the same lawe But euery puisne knoweth it is no treason to kill the Bb. though it bee worthily treason to attempt any hurt to her Highnesse Therefore the diffamation of the Bb. is no diffamation of the Queene 8 All men be lyers Churches Vniuersal Councells Parliamentes and lawes of all nations doe controll one another Therefore it is no diffamation to her Maiesty if men ascribe errour in some of their lawes seeing it is incident to all men to erre in some thinges Though Princes be called Gods yet as they die so doe they erre like other men Homines sunt mendaces non angels Men be lyers they bee not Angels sayeth Iustice Shelley 9 If you doe offer violence to the most base subiect in this Realme you doe periudice the Crowne and dignitie of our Soueraine Lady the Queene yet if you di●fame them it is no diffamation of the Queene the murthering of them is onelie felony though by estimation of lawe their life doeth more neerely touch the Crowne then can be shewed for the state of Bishops 10 If the diffaming of the Bishops and Queene be al one punishable by one lawe and one penaltie then the lawes defende the name and credite of a subiect with as great care as the name of the Queene Which were absurde in the law and a presūptuous challenge in any subiect that doeth not represent the person of the Queene 11 If the writers against the gouernement of Bishops doe maliciouslie diffame the Princes that bear it vp then do they malitiously diffame the Dukes of Saxonie and Hie Almaine that mainteine the state of Bishops as our Prelates say But it were madnes to say that they write aduisedly maliciously to diffame these Christian Germaine Princes who neuer harmed them much lesse our Soueraine Ladie the Queene by whom they haue receyued incomparable benefites and who hath be●e more beneficiall to the church then anie Prince or Po●●ntate in all the worlde 12 They that write to diffame the Queene shoulde die as felons by this statute None that writeth against the gouernement of Bishops ought to dye as a felon For they can make that but an errour in Religion at the worst for writing is not materiall to make an error or not an error The papists sayeth D. Bilson bee not executed for making the Pope chiefe pastor ouer their soules or for giuing him an Episcopall authoritte ouer all the vvhole Church though that bee also a frantike heresie but for giuing him an externall dominion ouer this Realme and Prince This is it that the Execution of Iustice doeth d●ely respect vvhich is farre frō anie matter of faith and religion Thus you see hee mainteineth that the papists haue not nor doe not suster for religion or heresie but onely for treason The Christian Emperours Gratian Theodosius c. neuer punished heretikes with death but onelie blasphemers and idolaters They that holde errors shoulde not bee killed but corrected sayeth Augustine And in another place It neuer pleased any good man in the Catholike Church that heretikes much lesse such as erre in externall matters should be put to death Thus it hath bene reasoned by our Diuines against the but ch●ries of the papistes It is also helde in a booke published by authoritie to which D. Bilson had reference and translated into many languages that neuer anie papist did suffer death for his religiō since hir Highnes raigne Which thing the Papists in Wisbich castell can also witnesse Seeing then our state and Diuines haue sought to remoue from them the suspition of executing any papists for their religion though they defende infinite heresies much lesse should the Seekers of Reformation suffer death for their religion If the papistes ought to be executed but of ●auour and grace are spared much more curtesie shoulde bee shewed to Seekers of Reformation whose offences both to God the Prince and Realme are nothing matchable with the detestable heresies and practises of the traiterous papistes Verely all the Protestants in the world would wonder to hear that among Protestantes vnder a Protestant Prince gouernmēt any Protestant should haue his bloud shed for maintaining a doctrine of the Protestants imbraced by Christian Churches and confederate Princes round about 13 If the writers against Bishops do offend against this statute then the Speakers and Reporters against Bishops and the publishers or deliuerers from hande to hande of these book ●s or any popishe bookes against the receiued doctrine of Englande be likewise within this statute The Speakers and Reporters must either loose their eares or redeeme them with two hundred poundes or two hundred markes The publishers are adiudged and deemed felons But it were ridiculous to a●●i●me that the law had any such intent For thē there should be more eareles people in Englande then in al Christendome besides and many thousandes of the Bishops friendes shoulde be in case of ●elons Which woulde comfort the writers when they sawe like iustice done to Speakers Reporters and publishers For the Poet truely sayeth Solamen miseris socios habuisse doloris It cheereth vp a wofull heart When company doe beare a parte Seeing then that the Speakers Reporters and publishers of such matters against Bishops are not within this statute neither be the writers 14 That is onely lawe which the lawe-makers intende The Law-makers did not intende by this statute protect the Hierarchie For there was no bill pre●erred in the