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A09106 A quiet and sober reckoning vvith M. Thomas Morton somewhat set in choler by his aduersary P.R. concerning certaine imputations of wilfull falsities obiected to the said T.M. in a treatise of P.R. intituled Of mitigation, some part wherof he hath lately attempted to answere in a large preamble to a more ample reioynder promised by him. But heere in the meane space the said imputations are iustified, and confirmed, & with much increase of new vntruthes on his part returned vpon him againe: so as finally the reconing being made, the verdict of the Angell, interpreted by Daniel, is verified of him. There is also adioyned a peece of a reckoning with Syr Edward Cooke, now L. Chief Iustice of the Co[m]mon Pleas, about a nihil dicit, & some other points vttered by him in two late preambles, to his sixt and seauenth partes of Reports. Parsons, Robert, 1546-1610. 1609 (1609) STC 19412; ESTC S114160 496,646 773

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of the many troubles and perills which he and his Royall linage haue passed therin I do stay my selfe longer vpon the contemplation of broyles raysed by that means in Scotlād both before the birth of his Maiestie and afterward which is so lamentable a storie as no man can read it but with horrour and infinite regre●t of mind 15. These things being layd forth by me many other to this effect which for breuities sake I doe pretermit here to repeat had it not bene conuenient that M. Morton in this his last Reply seing he would needs reply should haue signified in some few words vnto vs how he would or could satis●ie this mayne charge and debt especially for so much as this touched the very hart of his cause in this first argument about rebellion For albeit his Reply be but a preamble yet is it a large one of aboue a hundred twentie pages in quarto wherof he might well haue bestowed some one or two in acknowleging at least vnto his Reader what I had touched concerning this mayne poynt that is so important But it seemeth that he would haue his Reader imagin that no more substantiall matter was treated by me then he hath set down in those skirmishes other trifling contentions in this his preamble before discussed 16. But his greatest omission and pretermissiō indeed was in this matter the concealemēt of what soeuer in e●fect I had said for laying open the absurdities hurts inconueniences that did and must needs ensue to the Realme and Common wealth by this intolerable licence taken vp by rayling-Ministers to traduce and slaunder at their plea●ure ●o many thousāds of quiet well-meaning people faithfull Subiectes of his Maiestie by way of Sycophancie drawing them into suspicions of Rebellions Treasons conspiracies faithles meaning towards their Prince Countrey and this in r●gard of their religion faith and conscience which lyeth not in their power by force to alter but with the euerlasting perdition and ●uine of their soules 17. This I shewed how damnable a course it was how seditious pernicious to all quiet S●ates and I declared in particuler what stinging exasperations there had byn layd vpon English Catholikes for many yeares togeather out of such motiues as these ar● how grieuous and dangerous a thing it is to driue men to desperation how litle thanks or reward he deserueth that casteth in fyre-brands to kyndle sedition deuideth any Princes subiects among themselues and from their said Prince how potent and happy his Maiesty of great Britany were if such makbates would suffer him to enioy his greatnes and felicitie and to be beloued and serued of all his people ioyntly that the pursuing of Catholiks with that ●agernes that now is seene for their only religion this in the sight of the whole Christian Catholike world that is of the same religion cannot but worke pernicious and preiudiciall effects both at home abroad in begetting sinister auerse affections iudgments worse wordes and writings conforme therunto how that when Protestants began their sect were vnderlings to Catholiks all their books preachings and speaches tended to shew and proue that it was again●● the ghospell of Chris● and contrary to all reason Religion equity and pietie to vexe men for their conscience that now they hauing the gouernement in their owne handes it cannot be but extreme dishonorable vnto them to vse such continuall vexations angariations vnto Catholiks for their said Religion which they neuer changed nor inuented of themselues but continued in that wherin their ancestours had both liued and dyed from the first planting of Christian faith in that Iland 18. Many of these points did I touch and handle more largely in this first part of my Treatise concerning obedience and Rebellion and did expect that M. Morton would haue returned me some part of substantiall answere in this his Reply But this credit also remayneth vndischarged as the rest we must expect the full payment at his further leasure and ability Yet some few scatterings he left about this matter in his third Inquiry and eleuenth Paragraph which we haue discussed befor● in the second Chapter of this our Answere and haue found it to be of no force at all to giue satisfaction to any of these points which heere we haue mentioned And therfore we conclude that in effect he hath omitted and pretermitted all the principall points handled by vs in this affayre Let vs now pas●e to the secōd generall argument of my said Treatise of Mitigation which is about ●quiuocation let vs s●e whether M. Morton haue vsed the same sleight of concealment therin also as in the former OF M. MORTONS Pretermissions in the second argument of my Treatise about Equiuocation §. II. YOV haue heard how many principall points M. Morton hath passed ouer with a deepe silence as it were in the first argument of my Treatise concerning the controuersy of Rebellion Now let vs turne our eyes vpon the second subiect which is of Equiuocation against which he made such great clamours and outcries in his former empty booke of full Satisfaction as if it had beene the most strange new absurd ridiculous and blasphemous doctrine in the world For clearing of which point I was forced to write fiue or six large Chapters and bestow almost three hundred pages to represse his sayd clamours vaine exasperations and childish insultations against the same reducing first the whole matter to fiue serious and important considerations as it were for an entrance into the whole Treatise The first how peruersely and calumniously M. Morton and his fellowes do deale with vs to make vs odious in this controuersy mistaking of purpose the true state of the question of which point I wrote then as followeth 20. And first of all said I to the end the indifferent Reader may vnderstād with what kind of aduersaries we are to deale in this matter I thinke it necessary for declaring their peruersity and preuenting some calumniations to make a certaine briefe protestation or explication here at the beginning that we do not take this defence of Equiuocation in hand either for patronage of lying as this new discouered false Minister doth euery where most slaunderously in 〈◊〉 nor for that we delight in this art or manner of euasion by Equiuocation though it be no lye at all but rather do allow and like ●ar better o● simple plaine and resolute speach in all Catholikes concerning as well matters of ord●nary conuersation as of their conscience and religion especially at this t●me when God hath giuen them so singuler an occasion to professe the same to his great honour their owne euerlasting good increase o● m●ri●t yet ●or that perfection is one thing obligation is another we may not bind men to more then Gods precept byndeth which is neuer to lye or vtter anyvntruth But as for the other of
call it a Mit●gation was very ominous and vnluckie to them whome specially it laboureth to de●end whero● yet he alleageth no one proofe in the world but only the May be before mentioned to wit that I said that albeit dangers may fall out as in al● other Common-wealthes so yet may Protestants and Catholickes liue togeather in cyuill vniō and dutifull obedience if they will and be permitted And then from this assertion he leapeth presently to another saying that my foresaid Treatise of Mitigation hath betrayed my whole cause both in the one and the other question of Rebellion and Equiuocation for proofe whereof he hath no other argument as now you haue heard but only for the former of Rebellion certayne fond deuised impossibilityes against the said may be And for the other question of Equiuocation he hath only the case of the poore lying-woman Saphyra which yet he esteemeth so highly to make for him as he dareth pronounce that it ouerthroweth my whole defence of mentall Equiuocation and that so euidently as no wit of man can possibly excuse the same Which vehemēt hyperbolicall asseueratiō of his I assure my selfe will seeme to the iudicious Reader that hath takē a view of the triall past to proceed of so litle wit of man as it may scarce possibly be defended from plainfolly 50. Well then this being all that is answered to the substance of my booke we must passe to certaine accidents therof which are sundry grieuous imputations of false dealing laied to M. Mortons charge which I did obiter and as it were by the way lay opē in my Treatise thereby to shew the weakenes and misery of his cause which forced him a mā otherwise much louing truth as himselfe euery where protesteth to fall into such inexplicable labyrinths of grosse absurdities as few men before him haue done And for that these accidents did seeme perhaps to touch him more neerly then the substance of the controuersy it selfe for that they are more sensible in the Readers eye and eare therfore he hath principally adressed himselfe in this his Preamblatory-reply to euacuate or infringe some of these imputations but with what successe the euent it selfe will shew in the ensui●g Chapters THE THIRD CHAPTER ANSVVERING TO M. MORTONS THIRD INQVIRY CONCERNING falsities obiected by him though falsely against Catholicke writers but especially against Card. Bellarmine wherof no one can be proued PREFACE IN the former two Chapters the ●eader hath now taken a view of their seuerall subiects and arguments and in the first what light skirmishes M. Mortō thought best to make for some triall of his valour in answering vpon sundry small quarrels picked ●ut heere and there from different places of my who●e Treatise and with what successe the same hath bene by him performed In the second he hath seene two short assaults about the two mayne matters in controuersy o● Rebellion Equiuocation which being conteyned but in two small Paragraphes and treating only two single obiections do easily shew how little store of substantiall reply M. Morton hath to so large a Treatise as mine was But we must expect the residue of full complement in his promised larger Reioynder 2. Now in the meane space wee are to examine three or foure other poyntes which he handleth in this his last Preamble-Reply especially about his owne defence for that he being deeply charged in my booke for manifold vntrue dealing in his writings which oftentimes was such as could not proceed so much of error or mistaking but sauoured of willfull and witting deceiptfullnes that commonly is called malice which poynt for that I noted and vrged often both against himselfe and against many other of his profession and this by great number and variety of examples a●d i●●tances he feeling himself touched not a little in credit with this matter as it may seeme thought good after due deliberation to take this course of remedying the matter First to obiect by way of recrimination diuers falsityes though farre vnlike against sundry Catholicke wryters and namely against Ca●d Bellarmine And then againe the same against me And in the third place to shape an answere to some of the foresayd vntruthes wherwith I had charged him such as you may imagine he thought himselfe best able somwhat to shaddow or disguise leaping ouer the rest of most importance as after you shall perceaue So as these three points are now to be handled in this and the next two ensuing Chapters 3. And first for an entrance to this matter he indeauoureth at the beginning to excuse himselfe frō malice against Catholicks in these words From the imputation of malice against the persons of men saith he if I should need the testimony of man my aduersaries may acquit me who haue acknowledged in me better measures by their owne experience D. VVri M. Const. M. Ga. I haue halfe iniured thē with halfe naming them but I hope they will pardon me this wrong knowing that it is not spoken in exprobration to them but for iustificatiō of my selfe c. So he But I see not why he needeth to excuse ●imselfe from exprobration which euer supposeth ●rue merits and benefits truly obiected which how ●arre M. Morton may obiect to these Catholicke men ●y him heere named I know not But howsoener 〈◊〉 be it litle maketh to the purpose for that the ●●putation of malice was not in respect of his hatred ●gainst this or that particuler man as to their per●●ns but against their cause that in such a bloudy ●●rt of sycophancy as included all the persons of that ●eligion and therfore his fawning vpon two or ●●ree in externall words and countenance either in ●erson or els where whiles in his chāber he sought 〈◊〉 writing his spitefull infamous and virulent ly●●g bookes to oppresse them all cut their throats ●●●is measure was not good but may iustly be called a ●alicious measure and yet was this M. Mortons measure ●r so much as no man did euer write so maliciously 〈◊〉 my knowledg as he nor in so odious an argumēt ●●d iealous a tyme. ●● Moreouer malice doth not only consist in ha●ed to particuler persons as heere M. Morton would ●eme to insinuate by his answere but in crafty and ●eceiptfull dealing against charity conscience and ●eason especially in cyting false witnesse of Authors ●gainst Catholicks and their Religion as he is con●inced often to haue done And therfore wheras in ●he end of this his defence from malice he saith ●hat he must expostulate with Catholicks according to the Apostles example saying Am I your enem● because I tell you truth which sentence liked him so well as he would needs put the same also for his poesy in the first front of his booke the Catholicks will answere no Syr Yow are not our enemy ●or telling truth which yow do very seldome in any matter of controuersy betwe●ne vs and you but for making many a false and pernicious lye And so the note
true explanation of your meaning with a cleare confutation and reiection of the same and consequently these Rhetoricall shifts are idly brought in by you nothing n●edfull for me For P. R. tooke you in your true meaning wherin you desire to make Catholicke Doctours contemptible in generall for their blindnesse though to some yow will seeme to graunt the opinion of learning but yet with such restraint and limitation as you make it not better for instruction of Christian soules then the learning of the Diuell himselfe For this is your wise and graue conceipt Let them be as greatly learned say you as they are and would seeme to be yet must there be a con I meane an hart zealous of the truth to be ioyned with science to make vp a perfect conscience which is the true Doctour indeed otherwise we know that the serpent by being the most subtile of all the beasts in the field will deserue no better commendation● then to be accōpted the skillfullest seducer By which discourse of yours a man may easily see whether your meaning were generall in your former speach about ignorant Doctours or no and how impertinently you bring it in heere for an argument of wilfull falshood against me for that I vnderstood you in your owne sense I will not discusse your concept of your science with your con which was borrowed of Iohn Reynolds and of others before you and though I be loath to tell it you least it may seeme to sauour of reuenge yet I must say it for your better information that many men thinke very little of the one or other to be in your selfe as they should be either science or good conscience alleadging your writings for testimony of both HIS FOVRTH obiected falshood against P. R. §. IIII. NEXT vnto this he produceth for a falshood in me that I say in my booke of Mitigation that he taketh vpon him to iustifie the writings and doings of the Protestants of our dayes for their seditious doctrines and practizes against Princes who please them not and among others M. Goodman in particuler that wrote the most scandalous booke against the Regiment of women in Q. Maries dayes and assisted Knox Buchanan and others in troubling and turning vpside downe Scotland wheras M. Morton saith that he condemned him and consequētly that I dealt iniuriously with him Thus he citeth my words in a different letter as though they stood so in my text He Thomas Morton doth particulerly iustifie Goodman 21. But first you must vnderstand that it is his common vse neuer lightly to alleadge truly and sincerely any text that he will vse to his profit either in Latin or English and let the Reader make proo●e of it if in twenty places alleadged by him he find foure without all alteration let him say that I do offer him iniury My words talking of the parts of M. Mortons Reply called the Full satis●action were these Secondly he taketh vpon him yet more fondly in the second part of this his Reply to make a publicke iustification of all Protestants for rebelling against their Princes in any countrey whatsoeuer but more particulerly and especially in England and therin doth so iustifie Cranmer Ridley Syr Thomas VVyatt and others that conspired against Q. Marie in England Knox Buchanan Goodman and like Ministers in Scotland turning vpside downe that State against their Soueraignes the rebellions raised in Suetia Polonia Germany Switzerland France and other countries as his iustification is a more condemnation of them and their spirits and doctrine in that behalfe then if he had said nothing at all as partly shall afterward appeare by some instances that we shall alleadge therof 22. By which words of mine you may see that I did not single out Goodman alone as particulerly iustified by M. Morton as he would make the Reader belieue by his crafty and corrupt manner of citing my words but that among many others he did go about also so farre as he durst to excuse and iustifie him saying as presently you shall heare that albeit he approued him not for this he durst not do my L. of Canterbury hauing written so terribly against him in his booke of Dangerous positions yet that the examples alleadged against him by the Moderate Answerer might excuse him which were of most intollerable speaches of his against Princes and heere againe in this his Preamble that in respect of Romish Priests he might be thought excusable wherby a man may see his inclination to iustifie him and his writings if with security he might haue donne it How then is it such a falsity in me to say that among so many others before named whom he cannot deny but that he seeketh to iustifie them he sought also to excuse and iustifie Goodman though not in so absolute a manner as the other Saints of his yet in some degree conuenient to his estate and merit Let vs see what I do write afterward more about this iustification of Goodman my wordes these 23. The moderate Answerer say I alleageth first the wordes of Goodman in his booke against Q. Mary wherin he writeth expresly that it is lawfull by Gods law mans to kill both Kings and Queenes whē iust cause is offered her selfe in particuler for that she was an enemie to God and that all Magistr●ts and Princes transgressing Gods lawes might by the people be punished condemned depriued and put to death as well as priuate transgressours and much other such doctrine to this effect cited out of the said Goodman All which the Bishop of Canterbury his second booke of Dangerous positions hath much more largely both of this Goodman and many other English Protestants chiefe Doctours of their primitiue Church residing at that time in Geneua And what doth T. M. now reply to this You shall heare it in his owne wordes If I should iustify this Goodman saith he though your examples might excuse him yet my hart shall condemne my selfe But what do you professe to proue all Protestants teach positions rebellious prooue it heere is one Goodman who in his publike booke doth mantaine it I haue noe other meanes to auoid these straites which you obiect by the example of one to conclude all Protestants in England rebellious then by the example of all the rest to answere there is but one So he 24. And this is his Full satisfaction and faithfull reply as he calleth his booke but how poore satisfaction this giueth and how many points there be heere of no faith or credit at all is quickly seene by him that will examine them For first how do the examples alleaged against this Goodman by the moderate answerer excuse him as heere is said seeing the wordes he alleageth against him out of his owne booke are intollerable and my Lord of Canterbury alleageth farre worse as for example that it is most lawfull to kill wicked kings when they fall to tyrāny but namely Queenes
vocatiō though afterward in life they should be neuer so wicked euen as S. Paul writing to the Corinthiās termeth thē vocatis Sanctis Saintes by vocatiō though afterwards he signifieth diuers of thē to be loaden with grieuous heinous sinnes and of these Saints there is store in the world 130. Thirdly Sanctity is takē also of Scholmē for a speciall vertue not differing in substāce from the verue of Religiō but only that it hath a certaine generality in it not only to apply our minds firmly to Gods seruice but also to li●t vp all the works of other morall vertues vnto the same seruice honor of God as for exāple the act of abstinēce or temperance which in a morall man may be vsed to other morall ends as to the health of body opinion of sobriety the like this speciall vertue of Sanctity directeth the same to the glory of Almi God the like in the actions of all other moral vertues But for so much as concerneth our matter Sanctity was taken by me in the first sense wherin a man may be vertuous and yet no Saint according to the definition of S. Dionysius Areopagita Sanctitas quidem est vt secundū nos loquamur omni scelere libera perfectaque penitus in coinquinata munditia Sanctitie to speake according to our vse is a certaine perfect and vnspotted puritie o● life free from all touch o● wickednes which is somewhat more if you marke it then common vertue as M. Morton would haue it And thus much for his acutenes in reprehending my speach in distinguishing vertue from sanctitie which it seemeth that either he vnderstood not or considered not well of his reprehensiō before he vttered it but to the matter it selfe for proof of my vnlucky imputing falshood vnto him in alleaging the authoritie of Lambertus he bringeth forth three witnesses to wit Benno Cardinalis Abbas Vrspergensis Sigebertus all German writers that reprehend the life of Pope Greg. the 7. called before Hildebrandu● But what infelicitie is this vnto my imputation out of Lābertus It is felicitie inough for my attempt if M. Mort. will needs haue it so that he hath not byn able to cleere him selfe from opē fraud in alleaging Lambertus against Pope Hildebrand as now you haue heard This other is a new matter and from the purpose whether there be other Authors that speake and write euill of Pope Gregory or no it is sufficient for me to haue shewed that Lambertus did not but in his behalfe and prayse consequently that he was falsely brought in for his discredit 132. But yet to say somewhat of these three other Authors also alleaged here by M. Morton to proue my infelicitie that in taking frō him one Lambertus I haue gotten three others to come out against me to wit a Monke an Abbot a Cardinall I will answere first vnto the Cardinall to wit Benno who being not made by the true Pope Gregory the 7. but by the Antipope calling himselfe Clement the 3. at the procurement of the Emperour that was his professed enemy he cānot be accompted either a true Cardinall or a lawfull witnes therefore no maruaile though in the booke ascribed vnto him by the Protestāts of our days he be found to raile most intēperatly against the true Pope Greg. about which booke of Bēno notwithstanding I referre me to the Iudgment of another Cardinall whose name beginneth with the same letters I meane Card. Bellarmine who hauing diligētly pervsed the said rayling booke testifieth that he found it excessiue railing so extreme full of lies cōtrary to the writings of all other Authors that had written of the same Pope either whiles he liued or after his death vntill Luthers time wherof he nameth 32. Anthors in particuler ten of thē that wrot whiles he was liuing as he protesteth that he was forced to doubt least some L●theran had writtē the same vnder the name of the foresaid false Card. Benno Wherfore of this man being such as he was conuinced for an open liar by so many witnesses we say no more but leaue him to M. Morton as a fit Knight of the Post for his purpose 133. As for the other two monkes Vrsperg Sigebertus the same Card. Bellarmines iudgmēt is that albeit they being fauorers of the Emperour in that factiō durst not write ouer plainly in the praise of Pope Greg. dispraise of his enemy the Emperor their patrone yet doth he shew out of their workes that setting aside a manifest error of Sigebert that imagined Pope Gregory to be of opiniō that the Masle of a Concubinary Priest was not good which he neuer said but for a punishmēt only cōmanded men not to heare such a naughty Priest in the rest Card. Bellarmine as I said doth proue that in sundry other occasions both of thē did rather cōmend Pope Greg. thē discommend him as is euident out of sundry places in their owne workes which Bellarmine citeth 134. But nothing doth discredit more the bringing in of these two witnesses by M. Mort. then the ioyning thē to Benno as though they had byn of his opinion or had written against Pope Gregory as he did Let vs examine but only this one place alleaged heere out of Vrsperg then let any man say what is to be thought of M. Mort. fidelity thus he alleageth him The Abbot Vrsperg saith he writeth thus P. Gregory was an vsurper of the Sea of Rome not appointed by God but intruded by fraud money a disturber o● the Empire a subuerter o● the Church So he But now let any man read the place yeare by him quoted and he shal find the wordes indeed and wors● related by Vrspergensis as vttered against Pope Gregory by certaine enemies of his gathered togeather iussu Regis Henrici by the cōmandment of K. Henry in forme of a Councell or Synod at Brixia they being in number 30. Bishops but that Vrspergēsis did affirme any thing of himselfe or approue the same is not to be found but rather the quite contrary For in the very same place and page he sheweth how these things were cōtradicted refuted by the famous Anselmus Bishop of Luca then liuing● A man saith he most excellent well learned sharpe in wit c. and that which exceedeth all a man knowne to ●eare God and o● all holy conuersation in so much as both in his li●e and after his death he was famous in doing miracles So Vrspergēsis of him that did defend Pope Gregory against these slaunders which M. Morton alleageth as auerred by Vrsperg wil not he yet blush at this new fraud of his discouered wil he still cōtinue of forge new lyes against the Authors expresse wordes and meaning 135. But yet me thinks that the other which ensu●th is more shamefull to wit the ioyning of Seuerinus Biniꝰ for a fourth witnes to the former three wherof he writeth thus I● three
setting downe the same wherin if he had gone about to recall or mislike any part therof as ouer iniurious to Catholicks we should haue accepted therof most gratefully and adioyned with him in the iust reprehension of Pricket as hauing related that speach more maliciously then it was meant against vs but I can discouer no such meaning or moderation in Syr Edward by that he hath written since that time or spoken againe in that place whereof I haue heard by some that were present that he hath borne himselfe no lesse insolently then in the former speach especially bringing in tales against Monks to get applause therby of the vulgar people against that order of Religious men in the Catholike Church whereof you haue heard one example before of the Prior that was feigned to haue gotten by fraud a Gentlemans land in helping him to make his Testament another was of an Abbot that made an inclosure and tooke in a high way within his inclosure and for that there was a rough and rude Country-man that brake downe his inclosure saying that he would passe where his father and grandfather had passed the Abbot being a lustie tall fat and strong knaue sayth Syr Edward desiring to fight hand to hand with this clowne or country-man when he was to repasse that way tooke on a seruing mans apparrel if you will belieue the story went to the place watched his returne ioyned with him in combat and was well beaten by him And then did Syr Edward both laugh hartily and giue God thankes that he had found out such a History to tell them in that place and further he sayd that he was hartily glad that it fell vpon an Abbot And was not this graue matter thinke you for a Iudge to treate in that place and auditory VVhat would the Roman Senate haue thought of their yong Roman Iudge whose imitation it seemeth that Syr Edward in the beginning of his Speach had prefixed vnto himselfe if they had vnderstood that from the Bench and Seate of Iustice euen pro rostris he had vsed such leuity of speach and action as this is 120. But heere now it may be that my L. will be some-what displeased to haue his things published abroad which he did but speake for his priuate pleasure mirth and triumph in his Countrie of Norwich But the fault is his owne in speaking it so lowdely and not obseruing the counsaile of his Honourable friend who hearing him one day o●erlash very much as heere is reported against Catholikes said merily but wisely vnto him speake softer my Lord for that otherwise you will be ouerheard beyond the seas But for remedy of this also it seemeth that his Lordship hath thought now vpon a more effectuall way to be free from these admonishments from beyond the seas For in this new last Preface of his after a great reprehension of those that write in these our times saying Quotidie plures quotidie peius s●ribunt that euery day more do write and do write worse wherin I doubt not but his owne writings are excepted by his Lordship being also a moderne writer himselfe he cōmeth to pronounce this terrible sentence vpon all Catholicke bookes and writings that come from abroad Si quisquam hominum c. Yf any man shall bring into England any of those Bookes which I haue seene lately written from Rome or Romanists or shall by reading seeme to patronize them with his suffrage or with approuing them shall deliuer them to others to be read he must o● necessitie ●or the first fault be condēned in a Premunire with losse of goods and lands and to be imprisoned during life at the Princes pleasure and for the second he must suffer death as in case of treason This is his denunciation and determination which he prooueth not otherwise in this Preface but only by his owne asseueration It may be that he will go about to prooue it afterward out of some lawes that he is to relate in this his seauenth Part of Reportes and that he will do it as substantially as he prooueth before in his fifth part that Q Elizabeth and her predecessours according to the ancient common-lawes of England had supreme Ecclesiasticall authority Yf he doe somewhat may chance to be sayd to the booke whē it shall be seene for hitherto I haue had no view therof at all only I must needs say heere that in wise and indifferent mens iudgmēt Syr Edward being a writer himselfe against Catholickes and hauing therby prouoked them to answere him as before you haue heard how ioyfull he was when any obiections were made by the Student against his writings and the more saith he the better he hath not prouided well for his credit and honour to go about now to barre all writing on our side by terrour of penalties yea of death it self For this is plainly to prouoke to the field and then to get a proclamation that if his enemy do ouercome him his victory shal be death 121. But I cannot perswade my self that Syr Edward will easily get any such vniust and dishonorable refuge for his defence For either he must procure it to be decreed of new by some moderne law which being so vnreasonable I cannot expect from the wisedoms of so many graue men that must haue voyc● therin or he will deduce it out of some ancient lawes of England and therin I dare ioyne with him that he is not able to do it 122. VVherefore my counsayle should rather be to Syr Edvvard that either he would cease to prouoke vs by writing or intemperate speaking against Catholickes or take in good part our temperate answers or cause them with like temperance to be confuted by himself or by some on his part or so finally change his course towards vs as we may haue no speciall cause to complayne of him more then of others which were a farre better way in my opiniō to peace and profit of both parts then by terrour of punishments to seeke to oppresse all Catholicke writings which will be very hard for him to do And when it should succeed he were like to gaine least of all therby For that most probable it is that in such a case they would all turne their pennes against himself insteed of other argument by his meanes prohibited 123. And this is as much as I haue to say about this last Preface which commeth intituled thus Deo Patriae Tibi signifying therby as I comprehend the matter that this seauenth Part of his Reports now come forth is dedicated as seruiceable to all those three to God our Country and the Reader which if it be no otherwise written then the fifth Part that I haue read it may very well be returned againe by the Reader saying N●c Deo nec Patriae nec Mihi It is neyther profitable nor seruiciable to Gods honour nor to our Countrey nor to Me. Not to God for that it impugneth his
a litle in following his owne comparison of apples 32. Fourthly and lastly saith he If I shew not that the chiefest aduantage of Roman aduersaries doth consist in falsifications then c. VVherunto I must answere with this distinction for so much as M. Morton speaketh somewhat doubtfully that if falsifications be taken heere passiuely with relation to Protestants then I grant that one of the chiefest aduātages which their Roman aduersaries hau● against them consisteth in falsifications discouered daily in their bookes and writings For that I confesse that no one thing doth more confirme a Catholicke mind in the truth of that Religion which he pro●esse●h then to see the enemies and aduersaries thereof to be driuen to vtter such and so infinite apparent wilfull falsities in defending the contrary For that no man doubtles of any credit honesty or good nature would lye or falsity willingly if he could defend his cause with truth VVhich consideration doth greatly worke also with many Protestants that be iudicious and desyre indeed the truth it ●el● So as in this sense I confesse that one of the chiefest aduantages of Romā Adu●rsaries doth consist in the fal●ifications of Protestant writers 33. But if we take it as I thinke M. Morton meaneth it actiuely in regard of Catholicke writers as though our owne fal●ifications were our chiefest aduantages against the Protestant Religion● it is meerly false For how poore should our Cause be if we had no better proofe for tho truth therof then our owne fictions and fal●ifications deu●●ed by our selues whereof M. Morton hath not byn able to proue any one against any sort of Catholicke writers in all this his Preambling Reply though wholy it was bent and intended by him to that end as may appeare by the third and fourth Chapters of this our Re●kon●ng And on the other side there are so many proued conuinced against him as he neither is nor euer will be able to answere the half of them as you may behold in the fifth sixth and eight Chapters immediatly going before So as this contradiction being so manifest in it self I see not why I may not call for iudgement and iustice against M. Morton that his bookes be purged with fyre and himself challenged to recantation 34. But presently he leapeth away to the contrary syde and placeth himself in the ●ea●e of a Conqu●●our saying thus But these things being 〈◊〉 Gods grace dir●ctly by me per●ormed the fruite therof wi●●be Chr●stian Reader to establish thee in the truth of speach and dutifull allegiance and to put my aduersary P R. I hope vnto silence I pray god to repentance So he and with this he endeth his Booke 35. And as for my silence what successe M. Mortōs hope hath had you see by this my Answere which hath byn drawne out to somewhat more prolixity as I suppose then my ●ormer Treatise it self of Mi●igation which notwithstanding was far from my intent and purpose at the beginning meaning only to haue made a brief conference of things vttered by me in my Treatise of Mitigation with the Answere of M. Morton in his Reply but I found such great store of aduantagious matter ●ast out by him vpon neces●ity of his bad cause as I could not possibly passe ouer the same without saying somewhat to ech point so as I haue byn inforced to write more then I had thought to haue done for that he hath giuen more aduantage then I imagined he would o● reasonably could in so short a worke And thus much for my silence 36. But as for my repentance for which he praieth I must professe that hitherto I find no least motion of mind therunto nor yet cause to moue that motion for the substance of the controuersy it selfe though for the asperity of speach I could haue wyshed that sometimes it had byn more mollified but the reasons inciting thereunto are s●t downe more largely in the Admonitory Epistle to M. Morton himself Here only I will adde that if I could perswade my selfe that he could proue or performe directly or indirectly the things which here he promiseth I should not only be sory that I had written against him in these matters but should endeauour al●o to do the works of true repētance indeed which were to recall my said wrytings and confesse that M. Morton had reason and truth on his side and were not i● these points to be contradicted But hauing seene read and examined with attention so much of his workes as I haue and this also with so great equ●nimity and indifferencie of iudgment as the loue of truth and regard of myne owne soule could worke in me I haue not found any one thing in the matters themselues affirmed by me that might cause the least scruple of mynd th●y being cleere and euidēt truthes in the sight of him that hath the light of a Catholicke conscience And for the manner of M. Mortons dealing I must protest that I find it so vnsyncere which I ascribe to the necessity of his cause as I take great compassion of him and do beseech almightie God to giue him true light to see the dangerous way wherein he walketh whilest he seeketh by sleightes and indirect meanes to defend fancies of his owne of his sect against the truth grauity and authority of his Mother the Catholicke Church AN APPENDIX CONCERNING A CASE OF EQVIVOCATION LATELY written out of England wherin resolution is demaunded about the false Oath of two Ministers Whether it may be salued by the licence of Equiuocation or no TOGEATHER WITH A NOTE OVT OF DOCTOR King his Sermon preached at the Court 5. Nouemb● 1608. so far forth as it toucheth Equiuocation TO THE READER I Receaued Gentle Reader not long since by a letter of the 8. of Nouember anno 1608. from a fri●nd of mine dwelling in the North parts of England● a certaine Aduertisment about a case of Equiuocation fallen out in those parts wherin my sayd friend requested my iudgement whether the same where tollerable or excusable or not And for that it seemed he had some right to vrge me in this matter in respect of the Treati●e written by me of that argument against M● Morton I thought my self the more bound to yeld him some satisfaction to his demand The case then in effect was this 2. A certayne Minister in Yorkeshire named VVh for I thinke not good to set downe all the letters thereof dwelling at a towne called Thorneley if I misse not the name being married and loaden with many children and there vpon ●ot content with the ordinary ti●he● that we●e wont to be giuen and payd in that parish beg●n to vrge one of his parishioners to pay him other tithes also out of a certayne closse or field that was pretended not to haue payed tithes before to other precedent Incumbents Wherupon this Minister deuising with himself how he might further his owne cause resolued vpon this meane among others to
p. 107 108.109 c. M. Mort. defendeth himselfe with silence Mitig. p. 248. D. Aegidius Hūnius his booke of Caluin Anno 159● VVittemberg apud viduam Matth●i VVelaci Iohn Caluin an angel of darknesse with the Lutherās A cōsideration of much weight How Caluinisme is heresy by the iudgment of learned Protestāts Two other heads of controuersy Catholick doctrine touching Obediēce to Princes Mitig. p. 38.39 c. p. 116.117 c. Protestāts doctrine about restrayning and punishing Princes The practice of Protestāts against P●●nces S●● Mitig. p. 44.45 ● d●●●●●ps ●●●m p. 116.117 c. Great om●●ons of M. Morton in his Reply A wicked and pernicious course of exasperating● driuing to desperatiō Preamb. pag. 36. Mitig. p. 274.275 About the peruersity of our aduersaries How Equiuocation is defended Matth. 5. Gratian. Causa 22. c. 2. Diuers things are commendable and of perfection but not of ob●ligation Fiue consideratiōs about the vse of Equiuocation Preamble p. 82.83 Mitig. c. 8. 9. p. 307 Forcible proofes for equiuocation Aug. ser. 28. de verbis Apostol Ioan. 1. See mitig c 9. §. 2. pag. 362. deinceps Full satisf p. 48.49 Ioan. 8. Ioan. 5. Act. 10 Math. 9. Marc. 5. Luc. 8. When T. M. is like to pay this debt Mitig. p. 3●0 Mitig. c. 9.10.11 M. Mort. iniquity in dealing maliciously with vs. Act. 5. Supra c. 1. §. 4. Mitig. p. 486. Formall lying Equiuocation in T. Mort. T. Mort● talents in lying Equiuocation Asigne distinctiue betweene Protestāts and vs. A iust chalenge to M. Mort. Ten Protestant writers brought in for lying Equiuocators M. Iewels egregious Equiuocation In his sermon in the Court and at Pauls Crosse. Diuers reasons c●̄uincing that M. Iewell spake wittingly against his consciēce Mitig. p. 501. D. VVhitaker in his answer to D. Sanders Demōstrations p. 21. Six seuerall examples of M. Iewells Equiuocation Syr Edward Cooke Full satisfact c. 17. fol. 40. In the Answer to Reports in the liues of Edward the ●irst Ed. 2. c. Mitig. p. 535. The Charge layd against Syr Edward Cooke See the answere ●f the Cath. Deuine to the 1. p. of Syr ●●ward Cook● Reports c. vltimo A notable fiction against Pius V. Decret p. 1. dist 40. ca. 6. Si Papa The L. Cookes charge against Catholickes The Deuine deceiued by the subtility of the Lawyer K. Kenulphus his charter notably falsified by M. Att. Reports fol. 9. The charter as M. Attorney alleageth it anno 755. Stāford l. 3. c. 39. fol. 1012. Marke M. Attorneys inf●rence vpon his owne falsifi●ation * This is false * This also is false M. Att. solemne protestation falsifyed Reports fol. 40. The relation sent out of England about the true charter of K. Kenulphus This decideth the whole cōtrouersie and therfore was fraudulēt●ly cut of by M. Att. 1. Henr. 7. printed by Pinson Brooke tit Corone pl. 129. A falsification of Protestā● printers When Parliamentes began in England The conclusion Fiue cases taken out of Syr Ed. Cooke his Reports Full satisf●ct par 3. pag. 41. 1 Reports fol. 12. 2 Repo●ts fol. 15. 3 Reports fol. 21. 4 Reports fol 23. 5 Repo●ts fol. 26● False inferences False dealing The 1. case againe discussed Full satisf par 3. pag. 41. Reports part 1. fol. 12. Mitig. p. 267. T. M● clipping of hi● Author 30. Ed. 3. l. Ass. pl. 19. Brooke in his Abridgment tit Praemunire pl. 10. Answere to the Reports pag. ●67 The Deuines resō against the probability of the Attorneys assertion VVestmō in hist. anno 1197. A conuincing argument against M. Attorney 11. Henrici 4. fol. 64● Reports fol. 15.31 E. 3. tit● Excōmunic ● Note the force of this argument An addition to the former answeres The case betweene Syr T. Seaton and Lucy Peter Bourchets case anno 1578. Foure other reasons against Syr Edward The begining of abiurāce Pleading of Bulls no treason vnder K. Ed. 3. Hen. 4. Hen. ● Brooke in his abridgment tit● Premuni●e pl. 10. The secōd case about aduousōs and collations of benefices● An Alias and Pluries The third case about disturbing the pat●ons Presentee Statute of Carliele 25. E. 1. The 4. case about dependāce of the Crowne Ans. to Reports p. 211. The 5. case about suites in Rome Answere to reportes pag. 232. 9. E. 4. fol. 3. Iustice Yelue●tō 14. H. 4 ● 14. Fitzh abused The true case set downe Fiue fond cōparings not worth a paring Prefaces and Preambles insteed of bookes In the preface to the 6. part of his Reports Two causes inferring a Nihil dicit The principall point that Syr Edward must prooue Answere to Report● in the Preface The high importāce of this cōtrouersie Th●ee different professions of Religion in Englā● with their grounds or spirituall iurisdiction The origen and ordinance of both powers spirituall and temporall The di●ferent excellency of these 2. powers Nazianz. orat ad Ciues timore perculsos Answere to Reports pag. 24. Nazian orat ad ciues timore perculsos Chrysost. l. 3. de Sacerdotio to 4. in c. 6. Esaiae Ambr. lib. 2. ep 33. tradendi●● Answer to Repo●ts p. 74 75.76.77 dein●eps Two sorts of proofes de iure de facto Ten Demonstrations against M. Attorneys assertion de facto before the Conquest Two instances of M. Attorney before the Cōquest helping him nothing Concerning the English Kinges after the Conquest Syr Edward precipitant in au●rring things against Catholickes Psalm 140 A manifest vntruth vttered by Syr Edw. Variety of legall authorities out of law books Manifest and wilfull vntruthes vttered by Syr Edward The true state of the question The temperate proceeding of the Deuine in his wrytings Plinius lib. 10. histor natural cap. 67. The Pedanteria of Syr Edward Syr Edw. his ordinary and cōtinual railing against Catholickes Impertinent Grāmaticall phrases About the antiquity excellēcy of our English lawes In the Preface to the 6. part of Reportes Answere to R●ports pag. 14.15 c. Syr Iohn Fortescue A great exaggeration o● an●●●uity His first meanes of proofe by an●iquit●●f Nati●ns Galfridus Monumetensis lib. 1. historiae The state of Britany for lawes and customes in Iulius Cesar his tyme. C●sar lib. 5. de bello Gallico Solinus c 35● in fi●e Plin. 22. histori● naturalis cap. 1. Claudian in Laudes Stilicō paneg 2. pag. 258. Diodorus lib. 6. rer● antiquarū Strabo lib. 4. Geographiae Mela l. 3. Geograph Tacitus in vita ●ulij Agricol●e Herod l. 3. hist. Dio in epit hist. Xephil in hist. Omnes in vita Alexandr● Seu●●i The rudenes of the Britās 200. years after Christ. Dio in Nerone The speach of the Qu. Br●nde●i●ke A ridiculous imagination of the great antiquity of the venetiā Lawes Blondus l. 1. ●ist Ital. lib. spe●ia●i de ●ebus Venetorum An impertinent exception His secōd medium for proouing the antiquity and excellency of our English Lawes Whether the anciēt British Lawes were euer changed or altered Plin. lib. 30 hist. cap. 1. Hector Bo●th hist. S●ot
lib. 3. pag. 45. The British lawes changed by the Romanes Cambdē in descrip Brit. pag. 42. Guliel Malmes● in fastis Anno Domini 86. Why it is not lik●ly that the Saxons or Danes would admit the ●ritish lawes Ingulphus in historia de Croylād Malmes● in Guli●l p●rimo i●i●ue P●lidorus Iohn Fox in his Acts and Monumen●s Doctor Ha●pesfi●ld in ●istor 1 S●culo 8. cap. 10. 2 Saeculo 9. cap. 5. 3 Saec 10. cap. 2. 4 Ibib. c. ● 5 Saec. 11. cap. 2. 6 Ibid. c. ● Three positions of the two Iustices ouerthrowen Polidor l. 9 p. 391. edit Gandau The iniquity of the Conquerours lawes that now are English Ingulf in ●isto de Croyl●nd pag. 513. c. Fox acts mon. p. 154. col 1. ●um 83. Anno Christi 687 See the Saxon lawes imprinted at London cap. 3. 4 These also were printed anno 1568. Alred Rieual de Regibus in Edgarum See Fox Acts monu●●ts pag. 148. Polydor. l. 8. hist. in Edwardo Conf●ssore Defectuous lawes Answer to R●po●tes pag. 13 14● 15. c. Iudgment of life and death Iury of 12. men Dowry of marriage Prouision for yonger Brothers Pupills Pupilage Liberty auarice of some Lawyers A merry tale deuised by Syr Edward against Monkes A true serious story answering to Syr Edwards tale The Fathers prudent and pious resolution Daniel 4. Preface to the 6. part of Reports Ibidem ●ower questions proposed solued Arist. lib. ● poster c. 2. Answere to the first The charter of Q. Ethelswith Anno 868. Syr Edwardes bad argumentatiō The true story of Q. Ethelswith Gul. Malmesb l. 1. de gestis regū Angl. c. 5. Malmes l. ● c●p 2. See Ethelwerd lib. 3. chron cap. 3. Huntingt lib. 5. histor prope initium Answer to the second question K. ●thelred Anno 995. Answer to the third question About burning of women for petty treason in Cesars time Caesar lib. 6 comment de bello G●lli●o p. 157. edit Manucianae The custome of Frenchmen about authority ouer their wyues in Iulius Caesars tyme. Wilfull fraud by embezeling of words Why one part of the Brittish law descēded to our tymes and not the other Answer to the 4. question Henricu● secundus Anno Domini 1164. Syr Edward flieth from the point in controuersie Answere to Reports Chap. 6 demonst 5. pag. 1 3. Iustice Rastall in his Abridgment of Statutes The Coūcell of Claringdon An. 1164. Houed in vita Hen. 2. fol. 287. Houeden ibidem K. Henry the secōd very Catholicke in the point of the Pope● supremacy A shift of euasiō taken from Syr Edw. Houedē in Hē 2.302 303. Baron Tom. 12. in An. 1172. non longè ab initio Reports part 5. fol. 40. Pref. to the 6 part of Reports f. 6. See before §. 4. 5. The first two falshoods Reportes fol. 10. b. The third fraud about the Conquerors case 7. Ed. 3. fol. 4. Fi●zh tit Quare impedit 19. Herle chiefe Iustice Henry the first founder of the Abbey of Reading Anno 26. H●m 1. qui f●●t anno Domini 1125. In the Answere to the 5. part of Reports c. 8. p. 18● Straining squeesing of ancient Princes actiōs for some shew of supremacy Ecclesiasticall 4. E. 1. Reportes fol. 13. a. In 6. Decretal l. 7. tit de B●ga●is Reports p. 5. pag. 13. Arraigned Attainted Stanford l. 2. cap. 49. 18. E. 1. The statut of 9. E. 2. Articuli Cleri c. 16. 18. E. 1. Fraudulē● dealing Plowd Cō fol. 498. 25. H. 8. Reports f. 14. b. 17. E. 3.23 The Archdeacon of Richmond Sergeant Stouf 20. E. 3. Excōm 9. c. ●itzh Nat. Br. f. 42. A. 2. H. 5. c. 1. Rastals Abridgment ti● Hospitals 27. E. 3. fol. 84. 22. E. 3. lib. Ass● pl. 75. Notable abuses about the case of Tythes Poure vn●ruthes vttered in one case 22. E. 3. l. Ass. pl. 75. The state of the question Thorp chief Iustice 7. E. 3. f. 5. The Booke of Doct. studēt f. 25. printed by the dutch print in the time of K. Henry the 8. Brooke 22. E. 3. tit Preroga●iue pl. 47. Concil Lateran can 53. 56. The law of paying tythes to particuler parishes 7. E. 3. f. 5.44 E. 3. f. 5.10 H. 7. fol. 1● 38. E. 3. lib. Ass. pl. 22. Repo●ts fol. 16. b. 49. E. 3. lib. A●s pl. ● Reports f. 17. Candish 11. H. 4. fol. 10. Answere to Reports c. 6. p. 30. et 31. 11. H. 4. A Catholick lawyer like to ioine with the Cath. Deuine against Syr Edward See before §. 4. ●● R Prick accused by Syr Edw. Pricket in the Epist. dedicatory to the Charge Pore Pricket a cold in the heat of his gospelling sunshine Why Syr Edw. misliketh now Prickets narration Syr Edw. parable about a yong Romā Iudge applyed to himself Pr●fat ad part 7. Re●lat Syr Edw. protesteth against Nouelity when he practizeth the same Charge p. 10. Pag. 18. * Supra §. 4. Vndecent ●coffing for a Iudg. Charge p. 19. Mat 27. Marc. 15. pag. 36. Syr Edw. strāge exhortation The Article of supremacy in Spirituall matters of how great importance Ioan. 14. ● Mat. 5. 19. Charge p. 40. Syr Edw. intemperate rayling Charge p. 36.37 The fore-staling of his Maiesties will Prouerb 21. Rom. 5. Example of two persecuting Iudges Tertull. l. ad Scapul cap. 3. Cyprian l. ad Deme●rianum Math. 10. Syr Edw. tale of the fighting Abbot Syr Edw. loude tongue in speaking ill of Catholicks Prafat ad par● 7. Relat. A dreadfull new cōminatiō of Syr Edw. against all Catholick bookes A charitable and equall offer to Syr Ed. About the intituling of his 7. part of Reports Syr E●w his nouelties like to preiudice all his writings as not cōforme to our ancient lawiers Spirituall bookes mislyked by Syr Edward New lyes added to old 1 About the Equiuocation of Saphyra In the Preamblatory ●pistle to P.R. Pream pag 47. 48. False purchase by lying Act. 5● Mitig. pag 344.346 348. Pream pag 47. 48. A lying vertigo 2 About Theodoret corrupted Bellar. l. 1. de Euchar. cap. 1. mitio see supra cap. 3. num 99. Pream pag 65. Three falshoods in one allegation 3 About Claud. Espencaeus falsifyed Preāb pag. 28. See supra c. 1. num 100 4 The false allegation of T. M. about Costerus Cap. 3. quod est de summo Pontif. §. constat Pream pag 51. 5 About Gratian abused Bellar. l. 2. de Rom. Pont. c. 24● §. Tertio The Decree of the Councell of Mileu●● in Africk 6 About simbolizing with Pelagians Bellar. l. 4. de notis Eccle●iae c. 9. ● Pelagiani Preamb. pag. 63. Bellar. lib. 4. de notis Ecclesiae c. 9. §. Pelag. Three other falshoode● 7 About the Councell of Eliberis Sixtus Senensis Sixtus Senen● Biblioth lib. 5. Annot. 247. 8 About Bullingers assertion of the Trinity 9 About S. Aug. S. Cyprian Supra c. 3. num 107.108 deinceps Bellar lib. 4. de