1 The lawes expect a further reformation of the Church.

Your Maiesties most noble Father vnderstanding that the lawes Ecclesiasticall of this lande were corrupt, prouided by 25. H. 8. ca. 19. Parliament, that 32. persons should peruse and correct them: gathering into one booke those that were good, which by his Royall assent should haue the strength of lawe, [...] E [...]. ca 11. [...]. all o­ther Ecclesiasticall lawes to be abandoned out of this Church for euer.

Maister D. Cranmer and other reuerend men were delega­ted to this purpose. [...] They collected into one [...] booke many good thinges (as they thought) touchingpag. 29. Aduouson of benefi­ces,pag. 80.Excommunication for small matters,pag. 57.Residence of Vniuersitie men vpon their benefices,pag. 20.Mariages without consent of parentes, pag. 22.Nursing of children by their owne mother,pag. 27.Diuorces for infirmitie of body,pag. 31.Pluralities,pag. 43.Broken Musicke in Cathedrall Churches, pag. 47.Deacons, The solemnitie ofpag. 81.Excōmunication, and abso [...]ution with the assent of the people, and many other things which are directly contrary to the practise and orders of the moderne Bishops. But this booke wanteth the Kinges confirmation, and the lawes Ecclesiasticall remaine in the same corruption as your Maiesties Father left them, notwithstanding the labours of those Reuerend personages and the act of Parliament, which was1. Eli. 2. c. [...]. reuiued and confirmed in the beginning of your High­nes most happy reigne.

[Page 5]2 Also in the booke of common prayer, [...] which was sette 5 & 6. [...] forth by your Maiesties brother, &1. Eliz. c. 2. accepted by your high­nes, there is prescribed a Commination to bee vsed at a certaine time in the yeare: not to continue euer, but till an order of Dis­cipline practised in she primitiue Church bee restored, which were greatly to bee wished, as the authours of that booke doe saie. Yet this Commination stādeth, and the Discipline there men­tioned, is yet wanting.

3 The booke of ordering MinistersB [...]ke of or­dering Mini­sters. confirmed by lawe, [...] presumeth that euery Minister should be a Preacher. For at the Ordination, the Bishop sayeth: Take thou authority to preach the word of God. Yet where the Bb. ordeine one Minister that can preach, they make twenty that can not.

4 [...]astly, it is [...] enacted, [...] That all ornaments of the Church and Ministers thereof (such as are Surples, Coapes, &c.) shall be retained and be in vse as was appointed by King Edward the 6. not for vnchangeable continuaunce, but vntill other order were ta­ken by your Maiestie, and your Highnes Ecclesiasticall Commissi­oners.

2 The Defenders of our common cause expect a further Reformation.

Those thinges (in effect) be acknowledged by some of our chiefe defendours of religion against the papistes. [...] For vvhen they [...] obiect That we are glad to borrowe their ceremonies, & to haue an apish imitation of their Mas [...]e booke, [...] answere is returned, That diuers abuses in Ceremonies and Discipline were tollerated among vs, our Church therein yeelding to the infirmitie of the weaker sorte, which were to be altered, when people grewe to ryper knowledge.

3 The Defenders of the state of Bb. expect further Reformation.

1 Al the Bishops in theirCa [...]on. dis. pag [...]0. Canons do confesse, that Non-residencie is a filthie thing, od [...]ous to men, & pernicious to the church, yet what is more common?

2 By the [...] lawes of England, in the ordination of Bb.The Bb s [...]ould aswell vse pa­storall staue [...]. the Archbishop should lay the Bible vpon the Bishops neck that is to be ordeined, and put a pastorall staffe into his hande. If [Page 6] the Archbishops did not esteeme these as vaine ceremonies, [...] they would vrge them with as great vehemency vpon Bb. as they doe Surplesses vpon ministers.

3 My L. of [...] pag. 679. Canterb: in his booke against Maister Cartw. sayeth, That Chauncellours who are not Ministers, should not excommunicate. [...] The authours of the [...] Remonstrance, and Disputat. Mat. [...]. pag. 83. Matthewe S [...]tcliffes bookes, defenders of the Hierarchie by writing thinke it a most vnmeete thing, that such as bee no ministers of the worde, should meddle with the keies of the Church, yet the contrary is daily vsed.

4 The Bishop of LondonAdmoni ag. [...] pag. 53 1. eds. confesseth, That he made his Porter minister, [...] and the other Bb. doe acknowledge,Ibid pa. 99. That manie lewde and vnlearned ministers haue beene made of late in En­glande, which they will not seeme to defende. Besides they say,Ibi pa. 139. Wee haue yet but a tollerable manner of reformation: all which doe e­uince a further reformation.

5 D. Cosins, one of the high Commissioners writeth, [...] That the punishment of Adulterie is to milde. Puni [...]ment of Adul [...]erie.

6 A learned man and friend of the Bb. [...] noteth as abuses, Their vrging of Subscription, [...] Their oth ex officio, Their excom­munication for trifles, and easie silencing of ministers.

4 The suspicious and doubtfull handling of the controuersed matters, imployeth some neede of reformation and conference.

1 My L. of Cant. speaking of the maine controuersie tou­ching gouernement By Seni. [...] or Elders, sayeth, [...] That hee knoweth that the primitiue Church had in euery Church certaine Seniors, to whome the gouernement of the Congregation was com­mitted. In a booke against the Marprelate subscribed (as I haue heard) by the Archb. of Cant. the Bb. of Winch. Linc. & London, it is affirmed, that the gouernement by Elders was v­sed vnder the [...] Lawe, and Ibid p. 135. practised vnder the Gospell by the A­postles, though not fit for our times. But repenting this plaine confession, they haue caused certaine wordes importing the contrarie, to be printed vpon a shred of paper, which paper was pasted in all the bookes of the first impression, to couer & conceale their former assertion.

2 The Remonstrance comming after, holdeth, there vvas neuer any gouernement by Elders in the Church, but yeel­deth, [Page 7] that if the [...]. pag. 166. Eldership begun in the Lawe and continued in the Gospell, that then it shoulde stande to the worldes ende. For somuch pag. 9. as is prescribed in the new lawe, no prescription ought to bee made a­gainst it.

Vpon which crosse assertions laide one vppon another, the aduerse partie may presse out the conclusion of all the con­trouersie.

If the Eldership begun in the Lawe, [...]. and continued in the Gospell, then no prescription may be made against it, but it shoulde stande for euer. So saith the Remonst.

But the Eldership begun in the Law and continued in the Gospell. So say the Bb.

Therefore no prescription may be made against the Elder­ship, but it shoulde stande for euer.

3 But one Matthewe Sutcliffe comming after these, [...] con­trolleth both: for he protesteth there was [...] neuer anie gouern­ment by Elders vnder the Gospell, or if there were, yet the [...] gouernement vsed by the Apost, is changeable, not of ne­cessitie to bee continued. Not content herein to make the rent of our Church deeper then euer it was, hee hath openlie in latine defaced forreine Churches (of whom D. Whitgift and other haue alwayes written honorably) that wee might not onely be at warre within our selues, [...] but with straungers also. Whereby it is likely there will arise as daungerous trou­ble to the Churches about Discipline, as hath growen by the question of Consubstantiation, to the great offence of the common aduersarie, and generall disquiet of all Christen­dome.

Touching the state of Bb. [...] diuers who nowe most egerly defende▪ when they were nearest to God, that is, in miserie & anguishe of soule, did speake against it: but afterwarde incli­ning to the worlde, with their conditions they altered their o­pinions.

1 Maister Elmar, nowe Bishop of London, [...] writeth thus, [...] Christ sayeth Luc. 1. 2. Who made me a Iudge betweene you? As though hee woulde saie, It belongeth not to my office to determine matters of pollicie and inheritance, that belongeth to the ciuill Ma­gistrate. If hee had thought it had beene within the compasse of his function, why and with what conscience refused bee to set them at one, who were at strife, and to put that out of doubt, which was in sute? If hee might doe it and woulde not, hee lacked charitie and [Page 8] did not his duetie. If it belonged not to him, howe belonged it to a­nie of his Disciples or successours? Had not bee as large a commis­s [...]on as he gaue? Or coulde bee giue that he had not? But hee know­ing his office as the Prophete Esay had foretolde, to preach the [...], and woulde doe nothing without warrant. And therefore be­ing asked if hee were a King, answered si [...]plie and by a plaine ne­gatiue, My ki [...]gdome is not of this worlde. If his kingdome were not here, neither the ordering of pollicies, &c. Yea when they woulde haue taken him vp to haue made him a King, as one that refused that belonged not to him, hee conueyed him-selfe from amonge them. If Imperiall iurisdiction belonged to him, why refused hee his cal­ling? If it did not, where had Paul or any other, anie authoritie to meddle with that which hee refused? Seeing hee sayeth: As my Father sent mee, so sende I you. In another place, Christ knowinge the bondes of his calling, woulde not medle with externe pollicie, &c. Diuines methinkes by this example shoulde not giue them-selues too much the bridle, and too large a scope to meddle too farre with mat­ters of pollicie. [...] If these two offices, I meane ecclesiasticall and ci­uill bee so [...]umbled in both functions, there can bee no quiet or well or­dered common wealth. And againe, Princes of the Nations doe heare rule like Lords, it shall not bee so with you. It falleth not into an Apostles or Church-mans office to meddle with such matters.

For none going to warre, intangleth him selfe with the affaires of this life: it is enough for them to waite vpon one office, to attende as sole priestes, not as errant Baylliffes. And elswhere:

Come off yee Bishops, away with your superfluities, yeelde vp your thousandes, bee content with hundreds, as they bee in other reformed Churches, [...] where there be as great learned men as you are. Let your portion bee priestlike and not Princelike. Let the Queene haue the rest of your temporalities, to mainetaine warres, and to builde schooles throughout the Realme, that euerie parishe Church may haue his Preacher, euery Citie hir Superintendent to liue not pompeouslie. Which will neuer bee, [...] vnless your landes bee dispersed and bestowed vpon manie, which nowe feede and fat but one. Remember that A­b [...]nelech, when Dauid in his banishment woulde haue dined with him kept such hospitalitie,1. Sam. 21. that hee had no breade to giue him, but the Shewb [...]ead. Where was all his superfluitie to keepe your pre­tended hospitalitie? For that is the cause that you alleadge you must haue thousandes, [...] as though you were commanded to keepe hospitali­tie rather with a thousande, then with an hundred.

This booke was written in defence of the lawefull regi­ment [Page 9] of women, but now the authour laboureth to suppresse this booke, tenderinge more the state of the [...]b. then the Queenes Crowne.

2 Maister Bullingham before hee was Bishop, [...]. being arri­ued at Embden, after many stormes, wrote vnto a godly man in this manner: Would God, Master Bull, that all the Prelates in Englande had beene with mee when wee fell to cutting off Cables, re­ding at anchor in the raging seas, There woulde haue beene tea­ring of square cappes, renting of Rochets, defyi [...]g of B [...]shoprickes, despising of pompe, promising a newe life, cr [...]ing for mercy. O what a tragedie woulde there haue beene! VVell, well, though nowe they walke dr [...]e shoode in their pallaces, there is a God that will trie them and all his people by fire or by water, vnlesse wee hartilie repent. Grace to repent▪ graunt vs, O Lorde, without dela [...]e, Amen, Amen.

3 D. Bridges before he intangled himselfe with the Disci­plinarie controuersies,D. Bridges [...]. writing against the papists, vseth these woordes: [...] Christ hath put such a barre betweene Bb. and Princes, that his spirituall Bb. cannot haue earthly kingdomes. And againe, where the papists helde that the Pope was not properlie but vnproperly a [...] orde: to take awaye this, he addeth: Christ sim­ply debarreth all his spirituall Ministers from ruling of temporall kingdomes. Christ hath both properly and vnproperly debarred them. Vos autem non sic, You shall not doe so. These wordes strike deade Maister Sanders. Further, whereas the papists ac­count Aerius and al Protestants heretikes,D▪ Bridges [...] because they holde that by Gods booke A Bishop and a Priest are all one, Of the Princ. Supre: pag 359. D. Brid­ges doeth therein iustifie Aerius and the Protestantes out of Hierome, Peter Lambarde, Durand, and the Institution of Collen. But sithens that time, writing in defence of Bishops, he main­teyneth theirDefence of gouernment pag. [...]48. &c. Lordshippe, and [...]bid▪ pag. 281. 372. accounteth his brethren Aerian heretikes. This doublinge by such as defende the Hierachie, must needes cast great doubtes in the heartes of all men.

5 Testimonies of learned men, imply some further Reformation.

These followers of Reformation giue greater colour to their cause by the testimonie of auncient and late writers, whom they pretend to speake against the manner of our go­uernement by Bishops, and for the gouernement of their El­ders.

[Page 10] 1 Against the authoritie and practise of our Bb. [...] they al­leadge the [...] Canons of the Apostles, the Councels of [...] Car­th [...]ge, [...] Calcedone, [...] Constans, [...] Turon and [...] Macra, the testi­monie of [...] Cypr [...]an, [...] Tertullian, [...] Augustine, [...] Hierome, [...] Am­brose, [...] Chrysostome, [...] Gregorie, [...] Hillarie, [...] Synesius, [...] Nazianzene, [...] Origene, and [...] Bernard.

2 Touching late [...] reformed Churches, [...] they mainteyne, that there is no protestant Church in all Hungarie, Poleland, Denmark, Friselande, Swevel [...]nd, Heluetia, Saxony, Auspurg, of in anie part of Germanie in France, Scotlande, the lowe Coun­tries, or in any nation truely prosessing the Gospell in all the world, that doth either by their doctrine or practise, attribute so much authority, ciuill and ecclesiasticall in sole excōmuni­cation and ordination of Priestes, as is now vsed and challen­ged by English Bishops.

3 Among late writers they drawe [...] to this purpose [...] Lu­ther, [...] Melanc [...]on, [...] Bucer, [...] Martyr, [...] Calu [...], [...] Beza, [...] Bul­linger, [...] Zanchius, [...] Daneus, [...] Erastus, [...] Gualter, [...] Munster, and many other.

4 Lastly, out of our owne English Writers they fetch mat­ter against the Bb.

1 Harding woulde proue by the example of Moses, who exercised both a Priestes and Princes office, that the Pope may vse ecclesiasticall and ciuill authoritie. [...] Master [...] Iewell answereth thus▪ Christ him selfe sayeth to the Pope and to all other Priestes and Bb▪ The kings of the nations rule ouer them, and they that are great exercise authoritie ouer the people, but it shall not b [...]e so among you. Hee addeth the saying of [...] Cyprian, Christ by seuerall dueties and distinct honours, both set a diffe­rence betweene the offices of both powers. Also he vrgeth an effe­ctuall speach of [...] Bernard to the Pope, That hee cannot be both a successour of the Apostles and a Lord. For doubtles hee was forbidden the one of them, Yet our Bb. be both.

2 Mai. Nowell Deane of Paules saieth, [...] that Christ refused pompe, [...] riches and dominions, when the Deuill offered them. Hee denyed his kingdome to bee of this worlde, and forbad his true Dis­ciples the possession of such riches▪ and vvorldelie dominions, as the [Page 11] Pope nowe clymeth. In another place, Ibid pa. 4 [...]. Christ forbad his Mi­nisters all Dominion and worldly gouernement, Mat. 20. And againe, Ibid. pag. 57. S. Peter forbiddeth Ministers to exercise Dominion or Lordship ouer their flockes.

3 D. Bilson Warden of Winch. [...] hath thus writen: [...] Christ expresly forbiddeth his Apostles to be rulers of Nacions. The Kinges of the nations rule ouer their people, &c. with you it shall not bee so. In which wordes Christ doeth not traduce the power of Princes as vn­iust, but distinguisheth the calling of the Apostles from the manner of regiment which God hath allowed the Magistrate. Christ saieth not, Princes are tyrants, you shall deale more courteouslie, but he sai­eth, Princes be Rulers by Gods ordinaunce, you shall not be so, &c. Then he proueth, that Katakyrieuein is not meant of Tyran­nical, but of Rule with authority, and shutteth vp his argument in this sorte: Therefore the conclusion is ineuitable, That Princes may lawfullie compell and punish their subiectes, bu [...] Bishops may not. This manner of reasoning against the papistes hath incensed men vehemently against L. Bb. If these reasons be not good, Maister Iewell, Maister Nowell, and D. Bilson haue much to aunswere.

5 On the other side, these who [...]e pursuers of Reformation haue had great inducementes to enforce the [...]Idership.

1 That there was a gouernement by Elders assisting the ministerie in the primitiue Church, [...] is collected obscurely out of [...] Ignatius, [...] Tertullian, [...] Cyprian, [...] Augustine. More clearely out of [...] Ambrose, [...] Hierome, [...] Possidonius, [...] Socrates, and the [...] Ca­non lawe.

2 The Diuines of later time (almost) generally doe gather the Eldership out of the Script▪ namely, [...] Zuinglius, [...] Mar­tyr, [...] Aretius, [...] Calu [...], [...] Illiricus, [...] Heming [...]s, [...] Hiperius, [...] Iunius, [...] Bucer, [...] Beza, [...] Piscator, [...] Oleuian, [...] Bulli [...]ger▪ [...] Sze­gedinus, [...] Musculus, [...] Heshusius, [...] Robert Stephen, [...] Daneus, an [...] Italian, [...] Bertrand de L [...]ques, [...] Bastingius, [...] Morneus, [...] Sa­d [...]ell, [...] Nowell, [...] Fulk, [...] Whitakers, [...] Snecanus, [...] V [...]sinus, and [Page 12] Table of all. Trelca [...]ius. Lastly the Churches in the lowe [...] Countries, [...] France, [...] [...]eluetia, and [...] Scotlande doe consent herein.

3 That the same gouernement by Elders should continue vnder the Christian magistrates, [...] is agreed by [...] Iohn Alasco, V [...]enhouius, Micro [...]us, [...] Zuinglius, Oecolampidius, Zuichius, Capito, Miconius, Farell, Viret, [...] Melancthon, [...] Bucer, [...] Cal­uin, [...] Martyr, [...] Iunius, [...] Beza, [...] Zanchius, [...] Daneus, [...] Vr­sin [...]s, [...] Bullinger, [...] Stephen, [...] Caluetus, Collodanius, Tremulius, Pinaldus, Tauergius, Perottus, Chaussaeus, Bertrandus, Carpen­terius, De Plu [...]re, Perilius, Henricus S [...]rranus, Cal [...]s, Po [...]us, G [...]lartius, Iacomotus, Dupleus, [...] Szegedinus, [...] H [...]sh [...]sius, [...] De Lo­ques, [...] Bastinguius, [...] Pollanus, [...] Snecanus, [...] Fulke, [...] Rainolds, and others most rare politikes of this time, especially [...] Euseb. Cosmopolitan▪ and Bodin, Bodin hauing discoursed vppon the rising, falling, conuersion, and translation of the principall Empires, Kingdomes, states and common wealthes in the worlde, at length descendeth to the st [...]te of Geneua, & giueth a very honourable testimony of the great profit a [...]sing by the Discipline and Eldershippe to that common wealth▪ [...]is wordes be these: [...] But this is to be commended in Geneua, If there bee any thing in the worlde worthy commendation, [...]vvh [...]ch also maketh the common wealth to flour she though not in riches and largenesse of dominion, yes surely in vertue and Godlinesse. I meane the Disci­pline of the Ministers (or Elders) vvhich is as excellent and hea­uenlie a vvaie as can bee deuised to represse the faultes of men, and such enormities as can not bee redressed by anie humane Lawes and iudgementes. [...]Y [...]t this censure is according to the rule by Christ pre­scribed. Namely, at the first secretlie and friendlie, afterwarde somewhat more roundelie and sharpely. Then if the partie doe not relent, hee is interdicted solemnely and seriously from the participa­tion of the heauenlie misteries. If this doth no good, then the Ma­gistrate punisheth. Whereupon it falleth out that such thinges as are not punishable any where by Lawe, are without anie stirre or tu­mult reformed there by those Censors (or Elders) who bee greatlie reuerenced among the people, [...]by reason of their vertue. Therefore [Page 13] it is, that no whoores, no drunkardes, no di [...]ncing, no begging, no idle persons are to bee founde in that cittie. The more popishe and corrupt that this Bodin is, the more auaileable and lesse parti­all is his testimony in this matter. I would to God we might see the like effect in any City or Towne in England, wrought by the gouernement of [...]. Bb.

4 [...] This gouernement by Elders is commended to bee vsed in all Churches for euer by the Churches in [...] France, the [...] Lowe Countries, in [...] Heluet [...]a, in their latter confession where [...]unto [...] subscribed the Churches of Tigure, Be [...]ne, Scaphusia, Saint Galls, Rhetia, Myllaine, Bienna, Geneua, Sauoy, Polo­nia, Hungary and Scotlande. Wherein be thousandes and ten thousandes of the most excellent Diuines vpon earth.

5 Lastly, [...] this gouernement by Elders [...]oyned to the mini­sters, hath beene vsed (as I haue heard reported) vnder the Emperour in Bohemia, the Turke, and Bassaes in Hungarie, the Papistes in France, the Protestant magistrates in Scotland, Sax­onie, Countie Palatine of Rhene, Heluetia, Sauoy, France, The lowe Countries, Scotlande, and many places in Germanie. Though some Churches and learned men doe not like of ex­communication (in which matter they condemne our state) yet I protest in the presence of [...]mighty God, that in all the course of my studie, touching these controuersies, [...] I haue not (to my remembraunce) founde, reade, or hearde of any pro­testant Church, or learned man in the worlde, who misliketh that certaine Elders, or graue personages should iointly go­uerne the Church with the ministers, but onely wee of En­gland. Wherein we at vnwares doe impeach the Parliament and hir maiesty of indiscretion, which haue thought most meete to giue the chiefe managing of the Church not into the handes of one Bishoppe, but of many ecclesiastical Com­missioners, vvhereof some bee ministers, [...] and some lay men, therein resembling an ecclesiasticall Eldership. The Bishops wishe that the ecclesiasticall Commission [...] were more com­mon. And I thinke if it were settled in 500. places more then it is, and should gouerne by the worde of God and lawes of this Realme, that there would arise more profit thereby to Religi­on, then yet hath beene founde by the Bb.

To drawe towardes a conclusion of this matter, It may be that they who haue attained to as sounde knowledge in all pointes of doctrine as any since the Apostles time, [...] should mi­stake [Page 14] in Discipline. It may be that they whom the spirite of wisedome hath guided in expounding the scriptures shoulde be alwaies forsaken of that spirite, vvhen they came to ex­pounde or speake o [...] a text concerning discipline. It may bee that all these lightes of the world which a [...]owe there was a gouernement by Elders in the primitiue and best Church did and doe grope in d [...]rkenesse, and that the authours of the Remonstrance and Matthewe Sutcliffes treatises haue founde out the trueth, but vntill they haue approued themselues as profitable to the Church as the fourmer vvriters haue done, men (not partiall) will still make scruples in these matters.

Againe, [...] it maie be that the exercise of this gouernement is a matter of confusion, discord, dishonour to the magistrate, puritanisme, rebellion, a m [...]prince, a [...]arlawe, a marst [...]te, and mar-all, but it is vnlikely that it should be admitted vnder so many Princes Christi [...]n [...] and infidels, papists and pro [...]estants, and commended by such pearelesse Diuines if it deserued a­ny such taxation.

It is frō my pu [...]pose in this place to dispute which gouerne­ment is better or worse, or whether these authorities and testi­monies (which I call God to witnes, I take to be according to the allegation be agreeable to the trueth or otherwise: onely I trust I haue sufficiently prooued mine intention, namely, that, Seeing the lawes established expect a further and better refor­mation, Seeing the writi [...]g [...]s of our Diuines in the common cause a­gainst the Papistes, Seeing the confession of the Bish [...]ps & their fauou­rers, Seeing their doubtfull & suspicious handling of these cont [...]ouer­sies, and Seeing the testimonies of Councells, Fathers, late writers, and Churches imply so much. I conclude, that things go not so cleare for the Bb. but that further reformation, conference, or triall is expedient.

Till which Reformation, [...] tryall and conference be a [...]chie­ued, all that bee not blinde in effection doe wi [...]e that these followers of Reformation may receiue more curteous vsage then yet appeareth. For (most gracious Souer [...]e▪ they bee your maiesties subiectes aswell as the Bb. They be pro [...]es [...]ors of your owne religion aswell as the Bb. They be [...]mbas [...]adors of Christ Iesus aswell (if not more in regarde of their painful­nesse) then the Bishops. If you will not heare them▪ whom can they fly vnto? If you will not pity their manifolde mi­series [Page 15] and molestations, then they are destitute of humane comforte. They deserue fauour. They haue brought many to the knowledge of God, who otherwise shoulde haue remai­ned captiues vnder Sathan and traytours to your Highnes. They are vnreproueable before all men, sa [...]e in this question of Reformation. Wherein if they offende (as it maie bee they doe, for the best men bee lyable to errour:) surelie it is to bee thought they fall of ignorance. 1 The writings of the Bb. them selues. 2 The disputations of our Diuines against the papistes▪ published and printed by authoritie. [...] 3 The testi­monie of the principall Diuines in Europe. 4 The vntoward ruling of the Bb. 5 And the apparant vtilitie by gouerning Elders, doe lye as offensiue stumbling blockes in their way.

To the ende that these men may haue more mercifull ac­ceptation, and may not be subiect and lie open to the bloudie desires of their aduersaries, whereof (no doubt) some bee hol­lowe harted papistes, and some without God in this worlde, who neither regarde Religion, Prince, Bishop or Countrie, but with their own ease and aduantage, I haue (vnder the fa­uour of better iudgement) taken in hande to pleade, not for any landes or tenementes, but for the liues of your Maiesties most loyall subiectes and Gods faithfull seruauntes (for God may haue great interest in them, though they erre in Disci­pline) whom some do drawe within the statute of Newes, be­cause they doe write for Reformation. The wordes of the sta­tute Be these:

If anie shall aduisedly and with a malicious intent deuise, [...] vvrite, &c. anie manner of booke, writing, &c. containing false, seditious, and slaunderous matter to the diffamation of the Queenes Maiestie (that nowe is) or to the incouraging, stirring, or mouing of rebellion, or insurrection within this Realme, hee shall suffer and forfait as a fe­l [...]n. From this law it is thus reasoned.

VVhosoeuer write bookes to the diffamation of her Maiestie, and to raise rebellion, doe offende against this Statute, and are felons.

They that write for Reformation, make bookes to diffame the Queene, and raise rebellion.

Therefore the writers for Reformation offende against this sta­tute, and are felons.

They proue the first parte of the Minor in this m [...]ner:

They that diffame the Bb. who bee members of h [...]r Maie­sties [Page 16] body politike, and vphelde by hir lawes, doe diffame the Queene.

They that write for Reformation diffame the Bb. &c.

Touching the second point in the Minor, the followers of the Bishops would proue that the seekers of Reformation doe write to stirre and moue Rebellion. First by argument drawn [...] from the generall scope of their writings. Secondly, by parti­cular supposed mutinous and rebellius sentences scattered in the bookes written in defence of Reformation.

Their generall argument is to this effect:

They that write to worke discontentment in the mindes of the sub­iects against the gouernement receiued, [...] doe write to mooue a rebellion. For Discontentment is the mother of Rebellion.

The Seek of Reformation write to worke a discontentment in the mindes of the subiectes against the gouernment receiued:

Therefore they write to moue a Rebellion.

The supposed mutinous speaches which they gather out of the bookes which speake for Reformation, are these:

D. Banc.Ser pag. 83. sayeth, that Martin threatneth Fists.

Others obiect a place in Martin Senior, [...] where hee mentio­neth a hundred thousande handes, and saith, That these so ma­nie togither, would str [...]ke a great stroke.

D. [...] Cosins citeth one Fran. Iunius, pag. 28. who holdeth, That people may resist the Princes that hinder the Presbyteries.

And that in the seconde Admonition, pag. 29. it is sayd, That many thousandes in Englande desire that platforme, and that greate troubles wil come of it, if they be withstoode in their deuises, &c.

If I were perswaded that any seeker of Reformatiō did in­tende either to diffame hir Maiestie, or to raise rebellion, I am so farre from approuing his fact or writing in his defence, that I adiudge him rather to be punished as a traytor then a felon. But because I assure my selfe that they bee guiltlesse of these crimes, in tender regarde of innocencie, and of hir Maiesties most godly lawes, which ought not to bee peruerted, I haue at tempted to aunswere the quarelles of their aduersaries in this behalfe: Saluo semper meliore iudicio: Which clause I will haue to runne and reache from the beginninge to the midsts, from the midsts to the end [...] of all this treatise.

For answere to the first point in the argument, I doe make good that

Admit the Seek of Reformation doe diffame the Bb. who bee [Page 17] members of her Maiesties bodie politike and vphelde by hir lawes, yet they doe not diffame the Queene, as this statute intendeth.

In my vnderstanding, there be two generall Bodies politike in this lande. [...] The one, the Bodie politike of the Realme, the o­ther, The Bodie politike of hir Maiestie. The bodie politike of the Realme, is, All the people in the common wealth, contra­cted and distinguished into the Three states of the Parliament. The first is the [...] Queenes Maiestie, The second, The Lordes, The thirde The Commons. The Bb. be not one of the Three states, though [...] Matthewe Sutcliffe The Bb. be not one of the thre [...] states. shoulde affirme it twenty times, vnlesse he will turne out either the Queene, the Lords, or the Commons, and assigne their place to the Bishops. Al­though the Bb. since the time [...] of H. 11. [...] Haue beene present in the Kings Courtes, with other Barons, till the matter came to the losse of limme or life (for at such time by the [...] lawes they are to auoyde the place) And although they are de facto intituled as Authours of our Statutes, yet I holde that this is onelie of grace and fa­uour, and de iure or by necessarie right. For our Princes (as was conuenient) at the assembly of their Parliamentes haue vsed to call the Bb. so long as they vvere taken for godly and learned, into their consultations that did concerne the state of the Church: but yet they haue not so inthralled them­selues to the aduise and assent of Bb. as if no statute might be of force without them (as the [...] Bishops doe nowe to boldelie insinuate.) For many lawes haue bin made and do yet stande in force, the Bb. being absent, or vtterly refusing to assent vn­to them, [...] as is expresly proued and shewed out of the statutes and Parliament rolles by Maister [...] Iewell, MaisterDorm. Rep. pag. [...]. N [...]well, Mai­ster Act. and M [...]n pag [...]21. Fox, Maister [...] Bilson, and Maister [...] Lambert, a learned la­wier of Lincolns Inne. Wherefore seeing the Bb. according to their dignities bee none of the three states of the Parlia­ment, or of the Bodie politike of the Realme, (no otherwise then common subiects be, in which respect they are not diffamed) it can not be taken that in this sence they bee members of hir Maiesties Body politike, and therefore the diffaming of them doeth no more touch the Queene, then the diffamation of a common subiect, whic [...] fault is otherwise preuented then by the punishment due to felons.

The general [...] Bodie politike of hir Maiestie, is, as I conceiue, all the Officers and Magistrates of this lande, who deriue all their authoritie either mediatelie or immediatelie from the [Page 18] Queene. In which regarde the Bb. be members of hir bodie poli­tike, drawing from hir Highnes their ciuill authoritie and lord­ship. For their ecclesiasticall authoritie hath beneD With pag. 309. [...] heretofore deduced from hir Maiestie: but I see that of [...] late they begin to claime it from God as the Queene doeth hir Crowne. But howsoeuer the Bishops claime their worldly state or spiritual primacie, the Seek▪ of Reformation doe mainteine, that their iurisdiction is contrary to the worde of God. Not condem­ning externall honor (which is good and godly in it selfe but misliking that it should be accepted by such persons as are dis­abled and made vncapable there of by the Scripture. Thus much for better vnderstanding of this question. To proceed.

1 There must diuers things concurre to make bookes fe­lonious by this statute. First, they must be written Aduise [...]ly against the Queene, that is, of purpose, wittingly, not of simplici­tie or ignorance. Ignorantia fact [...] excusat: Ignorance of the fact ex­cuseth the fault. And therefore as the Prell▪ dealt mi [...]iouslie with [...] Richard Carmicheill in Scotland, in compelling him to burne his bill because in his dreame hee did crie out, The Di­uell take away the Priestes, for they are a greedy packe▪ so if any man in his sleepe or at vnwares shal cast forth di [...]amatory wordes against the Queene, he is not within this statute. Secondly, the booke must be writen of malicious intent, and as the preamble of the statute is, by one ill affected to hir Maiestie, and therefore if a man vse such a speach as Burder the Marchant did, when he saide, He would make his sonne the heire of the crowne, meaning his house at the signe of the Crowne, not intending any hurt to the King or Crowne of Englande, he could not without great iniustice be drawne within this or the like statute. Thirdlie, the wordes must conteine false and seditious matter, & therefore if a man shoulde haue saide, that the King William Rufus did wickedly, who to ge [...]t mony of the Iewes, caused some cōuer­ted to Christianity, to returne to Iudaisme (the fact beeing trew and words not seditious) he could not iustly be punished by this or any like statute.

The Seekers of Reformation h [...]ue not,The Seekers of [...] neither doe write Aduisedlie to diffame the Queene▪ for they name not hir Ma­iestie to any di [...]honor in any of their bookes. If the contrary can be proued, Currat lex: let the offender be punished as he deserueth. They onely seeke to haue (as they thinke) the corruption of the t [...]e redressed, as [...]he Prophetes & the holy [Page 19] men of God haue done heretofore, without [...]tending anie dishonour to good Princes, such as her Maiesty [...]s. The Seek of Reformation write against ignoraunt and vnlearned mini­sters: so the Prophet Esa [...]e liuing vnder the godly king, did call the priestes that wanted knowledge.Esa. [...]6. 10. Dumbe dogges, such as can not barke. Vnpr [...]aching ministers. The Seekers of Reformation write against such as be careles and negligent in feeding the soules that de­pende vpon them▪ that take the fleece & turne ouer the care of the flocke to other: so Esa [...]e reprooueth the priestes of his timeEsai. 56. 10. That lye and sleepe, and delight in sle [...]ping. [...] Priestes. And another Prophet taxeth them that did not [...]. 44. 8. Keepe the ordinaunces of holy thinges them selues, but set other to take charge of the sanctua­rie. The Seekers of Reformation doe cry out against plurifi­ed persons, [...] that can not be content with a competent liuing, but insatiablie by dispensations and qualifications doe ioine benefice to benefice, and charge to charge, rather to enriche them selues then benefite the Church: against such men did Esaie complaine, calling themEsa. 56. 11. Greedie dogges, that can neuer haue inough: euerie one of them looking to his owne waie and to his owne aduantage. [...] The Seekers of Reformation write against the ciuill authority and rule of Ministers: So Ieremy in the dayes of Iosiah, a vertuous Prince condemned Priestes, [...] For bearing rule. [...] The Seekers of Reformation write to haue the Church throughly purged of all remnants of popery & ido­latry: So the spirit of God did note as a fault euen vnder most excellent Kings,1 King. 15. 14 That the h [...]e places remained vnremoued. [...] All these and many other witnesses of the trueth did speake and write against the state of the Church in Iudah, and were not (I trust) aduised de [...]famers of the Princes vnder whome these corruptions had gotten strength. In like maner the writinges of the Seek▪ of Reformation, against such thinges as they ve­rilie beleeue to be enormious corruptions, can not iustly bee deemed, aduisedly and of purpose diffama [...]orie to hir Highnesse. When persecution was most furious in Englande, they that wrote most vehemently against the Bishops & their procee­dings, contenanced by lawe, were neuer accounted aduised diffamers of the Prince: for then they should haue bene repu­ted and punished as traytours or rebells, r [...]ther then as s [...]ismatikes and heretikes. Neither hath their bene in all the thirtie yeares of her Maiesties most flourishing raigne (till within 2. or 3. yeares last part) any such conclusion euer made, though [Page 20] the same lawes (in substance) haue bene in force and occasion giuen of great extremity. I am perswaded that vpon hearing the matter debated by learned I awiers on the part of the de­fendantes (as [...] lawe and reason would, [...] in this matter of diffi­culty that toucheth life) that our reuerende Iudges would at the first make a quaere, whether the aduised di [...]amation of the Bb. were an aduised diffamation of the Queene. Therefore it may well come vnder the title of Newes, that the Seekers of Reformation should resolue in a point of lawe wherein the best lawiers may stand in doubt. [...]f my father were a [...] ▪ Bishop or a No [...]resident, and [...] would write against the state of the Bb. or Nonresidence, to make men conformable to the lawe of God, it were adsurde to affirme that I did write of purpose and aduisedly to diffame my Father. So in our case mutatis mutandis, The Seekers of [...] &c.

Neither doe the Seekers of Reformat▪ write against the iu­risdiction of Bb. of any hatred, or Malice to the Queene. For whosoeuer were King or Queene of England (though it were Dauid him selfe) they would vvrite to the same effect▪ that they doe nowe. It is not like that they malice her Maiesty: for (sauing the matters in vari [...]nce) no man can charge them with any shewe of disloyall behauiour. They are instant for hir Maiesty in prayer, both publike and priuate. They detract no duety, no imposition, no taxe or subsidie, as becommeth duetifull and louing subiests. It was neuer heard that any one no not one of them, did euer attempt any hurt to hir Royall person Search the Rolls, looke the Recordes, it will appeare that some o [...] them (whom England while England indureth, shall still with thankfulnes remember) haue hazarded them­selues asmuch for her Maiesties safety and Englands good, as any subiect what soeuer. When the Spaniards intended an in­uasion, the establishment of a forraine potentate in the Sea Royall, and the conuersion of this lande into A [...]eldama, a fielde of bloude, the Ministers that seeke Reformation gaue great assurance of their affection and loyalty to the Queenes maiesty and the seate, They were importunate with the Lord by priuate and publike prayer & fasting for the safety of her Royal person, before the Bishops or their followers were seen to goe about any such matter. And being▪ interdicted by the Bishops (such was their zeale to the state) they still continued as they had begun: some of them (weake in body, though [Page 21] strong in spirite) preaching three or foure times a day, manie daies togither, as London can witnes [...]e: incouraging the peo­ple to fight for the Gospell and for their soueraigne: still cal­ling for repentaunce, that God might bee mercifull to vs, our Prince and Countrie. Also when the expedition was made into Portugall, they renewed these exercises a fortnight or 3. weekes before the Bishops sent to their fauorers any precepts or instructions to doe the like. Is it likely that these men doe malice her Maiesty? Surely they malice hir as Esay, Ieremy, & other prophets did malice Ezechiah, Iosiah, and other godly Kings of Iudah, when they reproued the abuses of the Church vnder them, seeking that they might flourish in al honour by the due obseruation of the lawe of God, adding vertue to vertue, and reformation to reformations, till Iudah and Ierusalem were clearely purged. Is this malice to Princes? No. They that hide frō princes the deformity of a state, crying peace, peace, where no peace is, they be the most malicious and pestilent e­nemies of the state.

The men that call for Reformation,Color of can [...] [...] may pretend cause or coulour of cause both in matters of doctrine & fact, why they may hate the Bishops, which in no sorte may be applyed to hir Maiesty.

The Bishops [...] impugne that which heretofore they haue deliuered as the trueth of God, [...] as I haue shewed,Admoni [...]. aga M. M. 183. They con­fesse there be infinite corruptions in the Church, which yet they will not reforme, nor s [...]ffer other to sue for amendment or reformation thereof. They confesse that by Gods word a D [...] Priest and Bishop are all one,A Priest and Bish by Gods [...]. yet [...] pag. 281. [...] pag 18. Admonit. agai. M. M. pag. 44, they and their followers make it heresie so to beleeue, building vpon Epiphanius, who also erroniously in theCont. Haeres. lib. 3. [...]. 75. same place calleth the Bishops, and all them heretikes, that denie prayer for the dead. Which deter­mination of heresie vpon one mans worde, as it is [...] pag. 668. 748. [...] Whi [...]ak Con. Du [...]. pag. 447. [...] Tim. 5. Harding Def. [...] pag. 2 [...]0. Sta [...]leton, Bridg. of Princ. Supr. pag. 359. [...], against the lawes of this Realme, so it wrappeth in heresie both theIn 1. Tim 3. 2. 1. Tim. 5. 17. 1. Tim 3. 1. Sy­riake Interpreter,What the law [...] See the stat [...]. vvho vseth one worde Kashisha, both for Priest and Bishop. And also [...] Chrysostome, [...] Ambrose, [...] Theo­dore [...]e, [Page 22] [...] [...] Hierome, [...] Occumenius, [...] I [...]idore, [...] The Canon Lawe, (in [...] force in Englande) which sayeth, That the primiti [...]e Church had no other sacred orders, but Deaconship and Priesthood. Also, Wicklef, [...] Marsil [...]s of Pad [...]a, [...]Luther, [...]Caluin, [...]Mus­culus, [...]Hofman, [...] [...]Sadel, [...]Mornce, [...]Marlorate, [...] [...], [...]Whi­takers, [...]Fulke, [...]Iewell, [...]Bullinger, [...]The Waldenses, [...]Alley B [...] ­shop of Excester, [...]Lambert, [...]Beza, [...]Daneus, The [...]Magde­burgenses, [...]Knitsius, [...]Mela [...]thon, [...]Szegedinus, Many Chri­stian [...] Churches, and all Protestants that haue writen of this matter, who teach expresly, that by the trueth of Gods word [...] Bishops and Priestes bee all one and of like authority, & ther­fore are condemned by [...] Bellarmine, [...]Turrian, [...]Dure [...], [...]Spence, [...]Harding, The [...]Rhemistes, [...]Stapleton, [...]Sanders, [...]Bristowe▪ and other papistes, to bee Aertan heretikes: euen as the [...]b. doe account (for the same cause) all the maintemers of Re­formation. The [...] enemies to Reformation doe esteeme it an absurde and monstrous thing to holde, That a Pastour and Teacher differ in office,Pastor and Teacher [...] though the [...] Syriake interpreter doe distinguishe them aswell as Apostle and Euange [...]ist, vith de­ragnavath [...] vith demalphane, which Guido translateth Ephes. 4. 11. Some Pastours, and some Teachers. And although [...] Mus­culus [...]H [...]perius, [...]Caluin, [...]Martyr, [...]Kem [...]t [...]s, [...]Bez [...], [...]Sa­deel, [...]Dan [...]us, [...]Szegedinus, [...]Hemingius, [...]Bucer, [...]Bertrand de Loques, [...]Villiers, [...]Iunius, and t [...]n Protestante Churches, (as Maister [...] Rogers confesseth) doe account of them as distinct callings. The Bishops doe affirme, that by the [...] common ex­position of all writers Christ by katakyrieu [...]in Matth. 20. 25. doeth onely prohibite in the ministerie tyrann [...]call, [...] not lawfull Lordly rule, yet of all these writers they can onely name threc or foure, whereas the Seekers of Reformation may produce [...] Luther, [...] [...]Zuingl [...]us, [...]Melancton, [...]Caluin, [...]Bullinger, [...]He­mingius, [...]Illiricus, [...]Gualter, [...]Nowell, [...]Iewell, [...]Sad [...]l, [...]Be­za, [...]Munster, [...]Bridges against the papistes, [...] Bilson, [...] Brough­ton, [...][Page 23] Rainolds, [...]Withers, [...]Whitakers, [...]Sn [...]canus, [...]Szegedinus, [...]Fulke, [...]Erastus, and the [...] Churches of Bohem [...]a, who say, that Christ speaketh there of lawfull Lordely rule, for bidding his Apostles and Ministers of the Gospell to vse the same. The [...] [...], and their friendes adiudge it a popedome and tyranny to excommunicate Princes, although themselues do excom­municate inferiour Magistrates (whom the Scripture doth ho­nour with the hie title of [...] Gods, aswell as the most glorious Emperour) and although both [...] Bucer, [...]Caluin, [...]Sn [...]canus, [...] [...]De Loques, [...]Beza, [...]Daneus, [...]Zanchius, [...]Nowell, [...]Poinet Bi­shop of Winchester, [...]Iewell, [...]B [...]son, and [...] Bridges, do by their do­ctrine in priuiledged bookes approue the same.

The [...] Bb. charge the Seek▪ of Reformation, flatlie and full [...] to a­gree with the papistes in the article of the Princes Supremacie in mat­ters Ecclesiasticall, yet the Seek. of Reformation differ frō them in these substantiall pointes following:

1 [...] They giue the Prince authoritie ouer all persons eccle­siasticall whatsoeuer: [...] the [...] papistes exempte their cleargie. 2 They holde that a Prince may depose a priest as Salomon did Abiathar, and accordingly they obey being silenced: the [...] papistes deme it. 3 [...] They affirme that if Priests do make wicked decrees, [...] that the Prince may enforce them to better: the [...] papistes denie it. 4 [...] They say that Princes may and ought to make lawes for the Church, but with the aduise of godly Pastoures: the [...] papistes denie it. 5 [...] They hold that if the Pastours be vnlearned and vngodly, [...] the Prince may of himselfe without their assent or aduise make orders and lawes for ecclesiasticall matters: the [...] papistes doe vtterlie denie. Lastly, they will subscribe in this point to the Articles of Re­ligion established by lawe, to the Apologie to the Church of England, to the writers of M. Iewell, M. Nowell, M. Horn, Maister Whitakers, Maister B [...]son, Ma [...]ster Rainoldes, M. Fulke, (for I protest I haue sought, but found nothing in these mens writinges touching this matter, that dissenteth from the opi­nions of them that sue for Reformat.) [...] Besides they take the othe of the Supremacie as hir Maiestie and the [...] Parliament [Page 24] doeth expound it. Whereupon by expresse allowance of law they are in that [...] respect hir Maiesties good and obedient sub­iectes, [...] and they that inforce more vpon them in this point of the Magistrates authoritie then that othe vvith the Queenes exposition therof comprehendeth, are vpon hir Maiesties roy all woorde, [...] and enact of lawe Malicious persons. Furthermore the [...] Bb. saye, That the generall opinion of the best writers is a­gainst the gouernement by Elders: vvhere as they can name onely foure, whereof Caluin and Beza are two, who 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.See afore. 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 deuiseSee [...] pag 33. 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 preciseli [...] inforce the [...] statut,The law and Subsc [...]ption [...] [...] no M [...] ­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 othe [...], and yet i [...]ome Ministers when the Spaniardes were vpon the Seas, to vse in publike assemblies, newe prayers, which the Bb. them­selues had contriued. [...] The Bishops [...]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 twel [...]e men, [...]&c. They com­plaine, that the Ecclesiasticall Commissioners hauing onely [Page 25] to deale in [...] causes which by ecclesiast [...]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 [...]ustices. [...] They thinke it harde that in [...] cases repleuis [...]ble by lawe they may not be ba [...] ­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 Hen [...]y the fourths time and that in mat­ters notorious,Oth ex [...] where neyther sufficient proofe nor witnesse is wanting. They pretende many other grieuances, [...] as to bee inprisoned, suspended, degraded and depr [...]ed without due cause and course of lawe, the subiects thereby being left de­stitute of heauenly teaching, and committed to ignor [...]t or carelesse prelats, who suffereth the athe [...]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 reformatiō 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, H [...]r good and obedient subiectes, and adiudgeth their aduersaries Maliciou [...] persons. Shee doeth not reuile the Apostolike gouernement. Shee doth not authorize the Bishops to contradict the lawes, their [Page 26] 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,1 Sam. 25. 33. 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 cō ­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. Luk 22. 64. 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 tra [...]ersable, and not to be admitted, They stande at the barre as parties.

[Page 27]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 needesIo [...]. 8. 14. be true. In Parliaments that concerned the Bb. as parties, they haue bene excluded.

But the law and state of England (you will say) accoūt these things False. Obiection.

So the lawes of other nations account them true.Answere. In mat­ters of God (as is the gouernement of the Church) the lawes of God ought to determine trueth and fal [...]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. Iusticec 7. H 4. 41. 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 cō ­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,The statute mean [...] of h [...]r Maiesties na­turall person. 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, 1 & 2. Ph. & Ma [...] ▪ c▪ [...]. which throughout still aimeth at their owne per­sons. Of whom (the statute saieth but could not meane of [Page 28] 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 offend [...] 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 publ [...]she that her Highnes is an heretike, schismatike, tyrāt, &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 pe [...]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 by13. Eli. c. 12. 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 [Page 29] 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 strictlyPenal law [...] expounded strictly. according to the literall and grammaticall sence, not by inference or equity, as appeareth by these examples.

There is a3. Eliz. c. 1. 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,1. [...]. 6. c. 12. None that feloniously steale horses shall haue their cleargie. Penal law [...]s not expounded by equi [...]y or in [...]eren [...]. 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. Yet1 Ma [...]. [...]. pag. [...]9. 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 anyPlo [...]d Ce­ment. 467. 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 her Maiestie that nowe is. There is [Page 30] 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.The Queene a bo [...] politic [...]e in fiction only. 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.The [...] cōsequence filons, &c. 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,No treason to kill Bb. 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.The Queen & laws [...] 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 calledPs. 82. 6. 7. 1 Cor. 8. 5. 6. 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 34. H 8. D [...]r. pag. 54. Iustice Shelley.

9 If you doe offer violence to the most base subiect in this Realme,To kill a sub­iect to [...]cheth the Queenes crowne [...]ore then to [...]rite against Bb. you doe periudice the Forme of ind [...]ements, Smith de r [...]p▪ A [...]gl. 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 [Page 31] 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,The law ten­dreth [...] of Princes more then sub­iectes. 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, The Princes that maintein the [...] not def [...]d. and Hie Almaine, that mainteine the state of Bishops, as ourAd [...]o [...]it▪ against M. M pag. 74. 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,No man hath suff [...]red for r [...] ­ligion in Eng. 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.Papists die [...] treason not [...] religion. The papists (sayeth D. Bilson)Epist. to the Read before h [...]s booke. 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 ChristianC [...]d de [...]. & Mam. Emperours Gra­tian, Theodosius, &c. neuer punished heretikes with death, but onelie blasphemers and idolaters. They that holde errors shoulde not bee killed, but corrected, sayethEpist. 127. Augustine. And in another placeCont. Cres. [...]. l. 3 [...]. 10. 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) [Page 32] 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,Speakers against the Lawes. 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:

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 onelyCom pa. 467 & 487. lawe which the lawe-makers intende. The Law-makers did not intende by this statute protect the Hierarchie.That is law [...] For there was no bill pre [...]erred in the Parlia­ment at that time to this purpose: but rather for the ouer­throwe [Page 33] of the Hierarchie. As many yet aliue can witnes, who would with great vehemencie haue spoken against that mat­ter for their owne and their friendes safety.

When Maister Stubs of Lincolns Inne had written against the mariage intended by Monsieur, [...]. the Daulphine of France, to­wardes hir Maiestie, to the ende that men should bee terrified from writing dishonorably of hir Highnes, this statute made that offence felonie, which by former statutes was onely the losse of the right hande. Which proueth that the [...]aw-makers prouided for hir Maiestie,The Parlia­ment rather fr [...]nd [...] enimie to Ref [...]at. not for the Hierarchie. The Parlia­ment hath bene more ready for Reformation then against it, as appeared most euidently the last Parliament, when the bill against Nonresidencie passed the lower house,A bill against Nonresidence passed the lo­wer house. and had like to haue also passed the higher house, by the right honorable the Lord Treasurer his meanes, and other right noble Lordes who spake for it, had not the Bishops laboured against it.

15 Some of the lawes be faultie, euen in Church matters, as our Prell. (not popish) will acknowledge, reporte, and write if neede be. There was a [...]5. H [...] c. 19. [...]. Eliz c. 2. lawe made by King Henrie the 8. and confirmed by hir Maiestie, That such Canons, Constituti­ons, &c. which bee not contrariant to the lawes, statutes, & customes of this Realme, nor preiudiciall to the Kinges prerogatiue, shalbee executed as before the making of that act. Amonge which Ca­nons, &c. there be many vnlawful & foolish thinges, though neither against the lawes, customes, or kings prerogatiue, yet repugnant to the Lawe of God. [...] As namely,This is con­trary to th [...] Scripture, Mar: 10: 1 [...]. [...] Hooper vpon the 7 [...] That women maie not sue their husbandes for adulterie: that24. 9. 1. c. vltHeretikes after their death shoulde be excommunicate: that there is such [...]affinitee be­tweene the Godfather and the childe, for whom he promiseth in bap­tisme, that it hindereth mariage: that a [...]man maie not fast vpon Thursday, That all [...] Clearkes shoulde absteine from flesh 7. whole weekes before Easter. Infinite corruptions bee in these Canons, yet in force and good in lawe. I suppose that our Bb. coulde be content that this statute of 25. were corrected. Sure I am, the Bishops in King Edwarde the 6. dayes, did see manie things out of order in the Canon lawes, or else they woulde not haue a wholeReform [...]. [...]. Eccles. booke for Reformation of them, which booke can haue no intertainement in our time. But seeing the Bb. will not deny but that some abuses be established for lawe, lette them beare with others that espie greater faultes then those bee.

[Page 34] 16. Lastly, many haue writen both against the state of the Church and common wealth as it was & is fenced by law who were neuer accounted diffamers of our Princes.

Some write againstSmith de rep. A [...]g. b. 2. c. 7. b 3 c. 3. Babing. vp. com. p. 260. Triall by battell. Some againstR [...]der M [...]. compl [...]o the Parl. Forfai­ture of Traytours landes, The returne of writtes in one terme: the lingring of men in prison before they come to tryall: the priuiledges of Parliament men: the pardoning of murtherers, pluralitie of farmes, &c. Some againstFor [...]sc. de laud Ll. A [...]g. c. 2 [...]. Racking. Some againstDoct. &. stud. b. 1. feined re­coueries to defeat them in remainder, or reuersion vpon estates taill. Some against [...] buying and selling of Wardes, and such like.

Against the gouernement of the Church in England, ma­nie subiectes haue written, neuer deemed diffamers of the King, as

In Edwarde the thirdes reigne did [...] Wicleve arise, [...] one of whose articles was this, That Popes, Cardinalls, Bishops, or o­ther Priests, maie not ciuiliter dominari absque mortali peccato, may not rule like ciuill Lordes, without deadlie sinne. Also hee taught, [...] That no Prelate ought to haue any prison to punish offendors. And that no King [...]should impose vppon any Bishop or Curate any se­cular matter, [...].for then both the King and the Clearke should be prodi­tor Iesu Christi, a betrayer of Christ Ies [...]s: although the Archbi­shop of Cant. and the Bishop of London did put Wicleue to [...] si­lence for this doctrine (as their successours do at this day) yet they did not call him a diffamer of the king.

William Swind [...]by. Swinderby, a professour of the Gospell vnder Rich. the seconde, helde, That the more Lordship a Priest hath, the nee­rer he is to Antichrist. Also, that [...] The Priestes of the old lawe were for bidden Lordship, and that Christ himselfe refused and forbad his Priests Lordships, saying: Reges Gentium, &c▪ The Kings of the Heathen beare rule, &c. but you shall not doe so.

Piers Plowman Piers Plo [...]. likewise wrote against the state of Bishops, and prophecied their fall in these [...] wordes:

Geffry [...] Chaucer also in Henry the fourthes time wrote effe­ctually against the state of the Bb. in this maner: [...]

Thus wrote this famous Poet against the English Bishops, and yet was neuer accounted diffamer of the King, though the Bb. in his time did holde their Lordships of the King as they doe now in Englande. Sir Geffrey Chaucer his workes were in K. Henry the eight his daies authorized to be Printed by34▪ & 35. H. 8. c. 1. act of Parliament, to which that glorious king would ne­uer haue condescended, if hee had thought that the diffama­tion of the Bishops had beene a diffamation of him selfe.

In King Henry the eights time, [...] the renowmed professor of the Gospell Maister Tindall did write,Tindal [...] workes. p. [...] 24. That it was a shame of all shames, and a monstrous thing, that Bishops should deale in ci­uill causes. And againe,pag. 140. What names haue they? My Lorde Bb. My Lord Archbishop, If it please your Lordship, if it please your Grace.

D. Barnes, a right learned man at the same time did write,Barnes against [...] Tin. workes, pag. 210. That he would neuer beleeue nor could euer beleeue, That one man may by the lawe of God be Bishop of two or three citties, or of a whole Country, for that is contrarie to the doctrine of S. Paul, &c.

Maister Hooper in the daies of Edward the sixt did effectu­ally write,Vpon the [...] p. 78. against the English Bish.M. Hooper the Martyr a­gainst ciuil offices in Bb. For the space (saieth he) of 400. yeares after Christ, the Bish. applyed all their witte onelie to their owne vocation, but our Bish. haue so much witte, that they can rule and serue (they say) in both states, in the Church and also in the ciuile policie: when one of them is more then anie man is able to satisfie, let him doe alwaies his best diligence. If hee be so necessa­rie [Page 36] for the Court that in ciu [...]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 abu [...] of these goods, bee cul [...]able of the fault. If the fourth part of the Bishopr [...]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 m [...]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 Ma [...]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 ma [...]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 heAct and M [...]n▪ pa. 1643. gaue o­uer his Bishoprike (as also Shaxton▪ [...] Bishop of Salisburie did at the same time) being diuested of his Bishoplike habite, he skipped for [...]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,Sermon [...] printed 1584 pag. 11. [...]. Ye that be Prelats, looke well to your office, for right Prelac [...]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. pag. 12. 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 [Page 37] 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 Min [...]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? pag. 13. a. Heare my country Englande, as Paul sa [...]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 dic [...], [...] I speake to your shame. So Englande I speake to thy shame, Is there neuer a Noble man to bee a Lord Pre­ [...]iaent, but it must bee a Prelate? Is there neuer a wise man in the Realme to bee a controller of the M [...]n [...]e? I speake it to your shame. I speake it to your shame. If there bee ne [...]er a wise man, make a Waterbearer, a Ti [...]ker, a Cobler, a Slaue, a Pag [...] 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 sla [...]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 Nobl [...] 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 alwaiespag. 14. [...]. Residence. pag 24. He is no vnpreaching prelate, Hee is no lordly loy [...]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 apag 61. b. 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▪ [Page 38] 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 in [...]nctions. And [...] Mat [...]hewa Sutcliffe saieth, That bookes which passe with this approbatiō, 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 Parliam [...]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) andBb. [...]. 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 cōmaunded 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 sermon at Oxforde, this testimony of Maister Nowell, to proue that men by authoritie might speake in defence of gouernement by Elders.

To be short, I haue shewed that my L. of Canterburie, and the other Bb. That D. Co [...]ns and the aduertiser, doe in wri­ting reproue many things coūtenanced by law, as excommu­nication by lay Chauncellours, Nonresidence, Ignoraunt ministers, the milde punishment of Adultery, Subscription, and such like, and yet these men be not deemed, indited, conuict or attaint as diffamers of her maiesty, and felons by this statute. Such be our times, that Iisdem de causis alij plectantur, alij ne appellentur quidem.

Thus much may serue touching the accusation of diffa­ming of our Soueraine Ladie the Queenes most excellēt ma­iesty. Now it remaineth to consider how iustly the writers for Reformation be charged with rebellion.

[Page 39] VVHereas the aduersaries to Reformation do take as a principle, [...] that whosoeuer writeth to worke a disc [...]tentment in the mindes of the subiectes, doe intende a rebellion That is a most vntrewe assertion, and sophisti­cal paralogisme. For although Rebellion doth grow of Discontentement, yet all discontente­ment doth not bring forth rebellion: or if the writinge against the state of Bishops shoulde moue some men to discontentment, who be­ing discontented should stirre vp rebelliō, yet it doeth not followe that the writers against the Bb. were rebels, as this stat. doeth intende. For the writers must write Aduisedlie and of purpose to stirre rebellion. So that if a man write in humble, loyall and duetiful manner, hauing no purpose and intent to worke rebel­lion, though rebellion should here of insue, yet could not such a writer without great iniustice be drawn within this statute. For he can not be a felon that hath not a felonious intent and purpose.

Christ by his preaching had wrought suchIo [...]. 18. 10. a dislike of the Priests and their proceedinges in the mindes of his Disciples, that one of thē in defence of his Maister did strike of the eare of Marchus, a seruant of purseuant of the high priestes: yet the Priestes did not charge Christ [Page 40] with this outrage of his Disciple. For albeit Christ did speake against the Rulers & Priests in his time, drawing after him many dislikers of that present state, yet Christ neuer meant to woorke in mens mindes a discontentement which should bring forth mutinies or rebelli­on, but amendement and reformation.

In like manner these Seek. of Reformation haue descried manie supposed abuses in the church gouuernement: they beare vs in hande that there is another forme of Ruling the church more agreeable to the Scriptures then this which we haue receyued. They write to lay open the faultes of the one, the necessitie and profit of the other, that the one beeing re­moued by lawful autho [...]itie, the other by like authoritie might be entertained.

For considering that hir Maiestie and Lordes without the Commons,2. H: 7. 18 7 H 7. 15. [...] & 4 P [...]r. & Mar [...] [...] 4. 32. H. 6. 18. can not by the order of our state reforme the a­buses & imperfections of the laws, it is requisite that the Com­mons of this land should be acquainted with the wants both of the Church and common wealth. For euery man and wo­man of this Realme is partie and priuie to all Actes of Parlia­ment. [...] Their assent is needefull to the making of euery lawe. In their name, and as the deputies the Knightes & Burgesses are present, and haue voices in the Parliament.

Nowe, howe shoulde the commons, their Knightes and Bur­gesses conceyue what is amis [...]e in the Lawes and state, but by publike writings for that purpose? That hauing deepelie weighed and pondered what and how thinges should be re­formed, they might be able in time of Parliament, after the [Page 41] lawfull and laudable custome of this Realme, to take order for them according to knowledge. A few daies or weekes are are not sufficient throughly to examine what may bee said, & what should be done in these matters.

Wherefore if these Seekers of Reformation should by pu­blike writinge in duetifull and Christian sorte communicate to hir Maiestie, the Lordes and commons of this Realme the enormities of the state, to the ende that they in their Parlia­mentes should reforme the same, though some of the Com­mons should take occasion herevpon desperately and vndu­tifullie to rebell, yet the Seekers of Reformation coulde not iustly be condemned as aduised and malitious mouers of rebellion. Much lesse can their writinges, [...] which haue as yet neuer ef­fected nor affected rebellion, be deemed rebellions. Their writing for Reformation doeth rather prooue that they bee not rebells. For if they purposed a rebellion, they would ra­ther tumultuouslie rise vp, and reforme thinges them selues then write bookes to moue the Queenes Maiestie, the [...]ords and Commons in their Parliaments, to lay their handes to re­formation.

They that be not blinded with malice, do see wel that the Ministers who seeke Reformation,The seek of Reformations d [...]test rebellion doe preache true obedi­ence to the Magistrates, with greater zeale and sincerity then any Bishop in this lande. It is not oriously knowen, that they teach as an article of their faith, That no subiect or seruaunt ought to rebell against his Prince or Maisters, though hee bee cruell and frowarde, but rather shoulde meekely suffer op­pression and violence at their handes. They teach that the lawes must either be performed by obeying them, or else the punishment, for not yeelding vnto thē patiently suffered and vndertaken.

Therefore, howsoeuer they write to bring a discontent­ment into mens mindes, yet they would not haue the subiect to intrude vpon the Magistrates office, much lesse to rebell a­gainst his Soueraine.

Furthermore, [...] if all they that write to bring the people to a­discontentement, and dislike of the authorized gouuerne­ment, doe write of purpose to moue rebellion, then doe the lawes, the Bishops, and whole state of Englande intende a re­bellion. I proued that both the lawes & Bishops of this lande doe expect a further reformation, which can not be accom­plished, [Page 42] vnlesse hir Maiestie, the Ll. and commons be drawen to a discontentement and dis [...]ike of the present state. For a­mendement and redresse can neuer follow, but where discon­tentement goeth before. [...]

[...]ikewise it is prooued that the Church of Englande hath seene allowed, and suffered to be printed and publikely solde Latimer [...] Sermons. diuerse bookes which doe speake most effectualli [...] against the state of [...]orde Bishops. I shewed thatChaucer [...] [...]ookes. bookes wherin the Lordship of Bb. hath bene cōdemned, haue bene allowed by expresse act of Parliament▪ I shewed also, that the gouerne­ment by Elders is approued inM No [...]els [...]. books which are commended by the Bb. to be fully grounded vpon Gods worde, which are commanded to be taught & learned throughout this Realme. If it be rebellion to worke a dislike & discontentement in the state of Lord Bb.No re [...]llio [...] to m [...]ke [...] dislike the Lord­ship of Bb. If it bee rebellion to commende the refor­med gouernement by Elders, then doth the state of England intende a rebellion against hir Maiestie. But God forbid that we should thinke so dishonorably or dis [...]oyally of our Chri­stian State, though it hath wrought in mens mindes a dislike of the present Church-gouernement. If then this argument be vaine & friuolous against the state, why is it not so against the members and partes of the state?

I might adde here that all P [...]inters who sell popish bookes and all others, who publish or deliuer from hande to hande any popi [...]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 [Page 43] into such madnes, as to endeuour a rebelli [...]. Neither can I conceyue cause of such feare, vnles we doubt that the popish [...]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 aunci [...]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 Reformatiō 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, The write [...] for Reform [...] ▪ doe not in [...] r [...]belli [...]. 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 innocēt, 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 instigatiō of them that w [...]ite in the cause of reforming the Church-gouerneme [...]t. But if any should write to the in­tent to st [...]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 (vnles [...]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 laweS [...]mper in ff De Reg [...]. 14. H 8 14. F [...]z: Mar [...]on. Sect. 8 The interpre­tation most beneficiall for the defendant should bee accepted. For it is [...] better to spare the guiltie, then take away the innocent, because2. Sam. 14. Bloud being spilt vpon the grounde like water, can not bee [Page 44] gathered vp againe: 14. Ra [...]. [...] Reg. Iu. but a guilty person spared at one time, may be requited at another. Wherefore it is needeful, that [...]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 Reformatiō 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 [...] first Epist. pag. 2. say­ing. That D. Br [...]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 m [...]d, as to imagine that such a light speach as this, were sufficient to drawe men to seditiō: 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, thē there might be some colour of this accusation, especially if insteed of twen­ty fists, Martin had saideAdmoni [...]. [...]. M M. pag. 65. twentie Halberds as the Bb. of Lōdon doeth comment vppon him. Though twentie Halber de [...], 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,Reproofe of Mart. I [...]ior. 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 [Page 45] 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 [...] ­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 du [...]tiful su [...] ­plication as before hee had mentioned, to her maiesty, that they vvould make aunswere, that to deale in such a suite, were to rebell, to pull the Crowne off her Highnes head, to make a faction, to vvrest the scepter out of her Maiesties hande, and to shake off all authoritie. A wonderfull thing (sayeth he [...]) it is, that hum­blie and duetifullie to entreate, should in the English tongue signifie by vnbrideled force vnduetifullie to compell: and that to seeke the remoouing of vnlawefull callinges out of the Church, should bee to threaten that the lawefull Magistrate shoulde bee thrust out of the common vvealth. Thus farre writeth this Martin, explaning fullie that though it was like the Bb. woulde peruert and mi [...] ­conster his wordes, as if he meant to moue rebellion, that yet notwithstanding he went about no other thing but to incline the magistrate by his owne authority to reforme all matters that were amisse. That an hundred thousand hands would strike a great stroke in this suite, hath no other sence then this, that if her maiesty should vnderstand, that an hundred thou­sand of her most louing and loyall subiectes should subscribe to such a petition, it would greatly mooue her Highnes to ac­cept the same. This phrase is vsuall and knovven to an En­glish man. For we vse to saye, the cause hath receyued a great blowe, or a great stroke. So D. Bridges writing against Lordship of Bb. sayeth, that vos autem non sic, striketh dead, that is vtter­lie [Page 46] ouerthroweth Lordly author [...]tie in the Ministers. A man by wresting of such speaches as this, might make the best sub­iect in this Realme, a very traytor, if his writing and speaking were well obserued. But let traitours be traitours, and rebels be rebells, and suffer as is due to traytours or rebells. God for­bid that a Tropologicall or Metaphoricall speach without in­tendement of anie harme, should come within the compasse of treason or rebellion.

Touching the wordes of Franc. Iunius, Franc. Iun [...] writeth no treason. we desire D. Consins to take a little paines in shewing which Franc. Iunius he mea­neth. If he vnderstand Fra [...]ciscus Iunius the famous learned man, who with Tremellius translated, and of late hath review­ed the Bible, who hath also writen a whole booke in defence of the Eldership and Discipline, he doeth that worthie man exceeding wrong. It can not be proued that euer he wrote a­ny such thing. But if he meane one who calleth him selfe Stephen Iunius, in aVind [...] booke against tyrants (whom peraduen­ture it pleased D. Cosins of purpose to call Franc. Iunius, that men might suppose a louer of the Eldership, to be a fauourer of treason) I aunswere that this Stephen Iunius doth not men­tion the Praesbyteries in all his booke. And whether he doth approue any such Eldership, it doeth not appeare: or if hee helde anie such frensie as D. Cossins fasteneth vppon him, the Seek. of Reform▪ doe disclaime him.

That many thousandes in Englande Desire the Discipline is true. and the number doeth increase daily. That great trou­ble would come of it if it were not admitted, [...] hath appeared. For we see howe schismatikes doe trouble the Church, and what endles writing is on both sides, and all touching this Disci­pline that yet wanteth. But what is here that carieth the coun­tenance of any sedition or rebellion, vnlesse D. Cosins thin­keth there can bee no trouble but in rebellious and warlike order?

D.B [...]nc. [...] ▪ pag. 74. Bancroft, not finding pregnent matter for his purpose at home to giue shewe that the Seekers of Reformation bee rebellious, he maketh roade into Scotlande, challenging those Churches (as his friendes the [...] Papistes had done be­fore) That the Scottishe Ministers who fauour Discipline, Th [...] Scotish Ministers not [...]. haue abused their King, preaching factions and seditious doctrine, trea­ding vpon his scepter, imitating the papall iurisdiction, labouring to establishe an ecclesiasticall tyrannie of an infinite iurisdiction, [Page 47] putting the King in daunger of his life:D Banc al se [...]h the [...] of Scotland.whereupon the King ouer­threwe their presbytertes, and restored the Bishops to their places. And galloping on the way in this order, he making in effect that right noble & Christian King (hir Maiesties most neere friende and knisman) a [...]lat hypocrite, grounding himselfe vppon a booke counterfait by the gracelesse Archbishop of S^t Andrewes in the Kings name. Wherevnto the King neuer assented, as the Ministers can shewe by his Royall letters yet reserued in Edinborowe: the wicked Prelate since that time hauing sought to be reconciled to the Ministers whome hee slaundered. Which thing you may the rather beleeue, if you consider that the King hath taken so good liking of the Mi­nisters & the Presbyteries, that he hath made publike [...] pro­testation to mainteine the fame while he liueth, And to sub­iect the Nobilitie therevnto. Likewise when the King reade D. Banc. booke, and came to the pag 75. where the Doctor chargeth him to be an hypocrite or dissembler, The King vp­pon the margent of the booke did write these wordes:The King of Scotland reprou [...]th D. Bancr [...]. [...] My speking, vvriting and actions were and are euer one vv [...]tthout dissem­bling or bearing vp at any time what euer I thought. Ergo, Castes the libell ne quid asperius, that is, Therefore the Doctor sayeth vn­truely, that I vse no rougher wordes. Signed thus, I. R. that is, Iacobus Rex, Iames the King.

The same DoctorSer [...] ▪ pa 78 & 79. bringeth in some forraine authoures whom he saieth were fauoures of Discipline, yet brochers of rebellious and straunge propositions. These authours did write either against such as they accounted vsurpers or Prin­ces by election & popishe tyrants such as hated our religion: they did not write aginst any protestant Prince, [...] neither in defence of the Disciplice, but rather of the doctrine which is nowe mainteined in Englande. As D▪ Bancroft doth alleadge these authours to proue the Discipline to bee trayterous and rebellious: so the [...] papistes do alleadge the same mē to proue that the doctrine of the Protestantes is seditious. The allega­tion doeth holde against both alike. Our Religion doeth not depende vpon the opinions of one or two men. [...] Where one fauourer of the Eldership hath written trayterously, I coulde produce fiue hundred, who were mainteiners of the Hierar­chie and ranke traytors.All traytour [...] to the Que [...]ne haue fauored the [...] Our English Bish. haue resisted, re­belled, and deposed many kings of England. They haue most sawcilie abused the Nobilitie, as might bee shewed. I heare of [Page 48] none that either attempted or effected treason or rebellion a­gainst hir Maiesty but papists, & all such do approue the prin­cip [...]lity and iurisdiction of L1. Bb.

Thus farre haue [...] proued (as I hope sufficientlie) that it is not lawfull or agreeable to the trewe intent of this sta [...]ute to iudge these writers for Reformation as diffamers of hir Ma­iestie, or rebels, and therefore that they ought not suffer as felons▪ Some haue helde, that though it be not consonant to the lawes of England, that the Bishops should presse the othe ex officio, as they vse to doe, yet that it is expedient they shoulde continue their proceedings, as they haue begunne; if any in the same conceite should holde, that albeit it is not lawfull to execute the Seekers of Reformation as felons, that yet it is Expedient, I answere, that if such law be admitted, it will be the most daungerous & perillous practise that euer was receiued within this Realme of Englande. For neither the Prince, the Councellours, the Magistrates, Bishops, Iudges, or best sub­iectes can liue in security. If men may violate law and iustice vpon a colour or pretence of Expediencie: what endlesse mis­chie [...]es may insue vnto the common wealth? What kinde of president would this be to al succeding ages? To what purpose haue our auncestours prouided that there shoulde bee euery yeare or oftner a Parliament to supply the defectes of law, if vppon a surmise of experiencie men might goe beyond the listes and limites of lawe? If the reuerende Iudges of the lande who ought to preserue the integrity, and honour of the lawe shoulde admit any such learning, besides that it would ouer­throw both the common and statute law, it would indaunger the keeping of their oth, & giue their goods, landes and liues to the Princes pleasure.

Some will expect that I shoude answere the charge against the writer of the Demonstration (if one man made both the Epistle and the booke which I haue not as yet hearde to bee proued) but seeing he is conuicted by the verdict of 12. men,The euidence brought for the booke: hee con­uicted for the Epist [...]e. the proceeding against him notoriouslie knowen,The Almond for the Parrot [...]. the accu­sation and woordes wherevpon hee was conuicted in euerie mans mouth: I leaue it to the iudgement of the great day, when the Iudge & all Iudges shalbe iudged before the Iudge of heauen and earth, [...] who will rewarde euery man according to that which he hath done, good or ill.Psal. 116. 15. Precious in the eies of the Lorde is the death of his Saintes. [...]ob. 16. 18. O earth thou canst not [Page 49] couer bloude! It still cryeth in the eares of the Lord for venge­ance, saying,Reuel. 6. 10. How long Lorde holy and true, doest not thou Iudge and auenge our bloude on them that dwell on the earth! Surelie, he that preserueth the haires of the head, and putteth the teares of his seruantes into a bottel, will much more preserue in his bottel the drops of the bloude that fall from the bodies of his saintes. Therefore be warned, bee wise, and take heede what you doe, ye Iudges of the earth: It is one thing to deale with a theefe and murtherer, another thing to iudge a Minister & preacher of the Gospell of Christ your redeemer, and that in matters of religion, wherein (God knoweth) you haue small vnderstanding.

Thus haue I runne ouer the obiections made to proue the writers of Reform▪ & against the Hierarchie, to bee diffamers of hir Maiestie and rebelles. I will proceede a little further to shew that if men would be curious in their writings that deale for the Bb.The Bb and then [...] the Queene. and if their wordes were a little inforced as they might be (by M. Dolion or some such factor for the Bish) I feare they might incurre the daunger of this [...]tatute as easily as others.

The Bb. in their booke doe write, [...] That it is not lawfull to bestowe such liuings vpon late men as are appointed by [...] to Preachers of the worde. [...] Though this might stande good, and yet ouerthrowe many of our Bb. states & honors who preach not the word, yet this doeth reproch hir Maiestie, who doeth imploy some of the [...]b. liuings o [...]tentimes) to better vses then Bb doe bestowe them. M. VVicleve, that famous protestant taught another lesson, [...] [...] And who will not thinke the su­perfluitie of a Bb. liuing better bestowed vppon such a man as Sir Frauncis Walsingham, that right honorable Councelor and benefactor of the Church and Countrie, then vppon any Bb. that referreth al abondance to the aduancement of his house and posteritie?

D. [...] Br [...]ages mainteineth in writing, That a Priest maie haue a moderate Lordely iurisdiction ouer all the Lordes allotment and [...]. [...] Which implieth and externall [...]ordely iurisdiction ouer hir Maiestie v [...]les he will say, That she is none of Gods heritage, both which might be made a daungerous doctrine.

[Page 50] D. Bancroft writeth, [...] That her M [...]iestie is a P [...]ty pope, and ascribeth to hir all the iurisdiction that the Pope euer had by vsurpation. M. Iewell saieth, [...] Apol p. 70. 4. That the popish Prelates gaue K. Henr [...] the 8. the strange and vnvsed [...]ule of head of the Church, to bring him into the slander and taske of the worlde. And the Par­liament for auoyding scandale, changed the title of Supreme heade, to Suprem: Gouernour. If Maist. Iewell misliked that th [...] Queene should be called Supreme heade, what would he haue thought of Pety pope? or howe can the Parliament beare this? Do not the Protestantes detest in the pap. their woman pope? The Archb. of Canterb. would bee displeased (and I can not blame him) if a man should call him Pope. Notwithstanding the Pope saide of one of his predecessors, [...] pag. 188. Co [...] Baronense. [...] Includamus hunc in orbe nostro tanquam [...] orbis Papam: [...] Let vs include this A [...]selme in our woorlde as Pope of another worlde, meaning great Britaine, [...] called by the auncient writers a world by it selfe, yet it is thought nothing to call hir Maiestie a Pe [...]y pope. Doctor [...] Whitakers sayeth, That the Name, authoritie, and person of the Pope, all Protestantes doe abhorre and accurse to the Prince of darknesse whence it came. The [...] pa: 298. 299. [...] Princ l. 5.▪ 17. & 18. papistes doe slaunder hir Ma­iestie to be a Pope or Pety pope: but M. Nowell [...] telleth the papistes, and D. Bancroft also, That wee doe not teach that the Princes be either Popes or Pety popes. The [...] papistes also doe abuse hir Highnes, as D. Bancroft doeth, saying: That vve take the Supremacie from the Pope, and giue it to the Prince. But Do­ctor Rainolds [...] aunswereth, That the Supremacie which vvee take from the Pope, [...] vve giue to no mortali creature, Prince or other. But D. Banc. who thinketh himselfe a great Clerke, as if he were a deeper Diuine then either M. Nowell or M. Rainolds (whom he vseth to call a Prec [...]fian) maketh hir Maiestie a Petie pope, [...] & assigneth hir not some of the Popes power, but ALL honors, dig­nities, preeminences, iurisd [...]ctions priuileges, authorities, profites and commodities, which by vsurpation did at anie time apperta [...]e vnto the Pope. [...] If a man can diffame by foolishe flatterie, then D. Banc [...]s the most notorious di [...]amer of hir Maiestie in al Eng­land. Neither lawe, reason, religion, or good manners doeth wa [...]rant this.

God forbid that like extremity were extended for these faultes, as hath bin vsed against the Seek. of Reformat. I doe not recount them for that purpose, but onely that the Bb. and their friendes, seeing their owne case (if hir Maiestie vvere [Page 51] not mercifull) may deale more curteously with their bre­thren.