matter passed and euidently see the supreme autoritie of the Bishops of Rome in those dayes it is to be considered that there hauing been from the tyme of the Apostles a different manner of keeping Easter in the Churche of Rome and the Churches of the lesser Asia the Romans keeping it alwayes vpon the sunday according to the tradition of the Apostles S. Peter and saynt Paule they of Asia obseruing the tyme and custome of the Iewes pretending the example and tradition of S. Iohn the Euangelist Pius the first of that name Bishop of Rome desyring to reduce all the Churche to vniformity made a decree that the feast of Easter should be celebrated only vpō sunday but for that the Churches of Asia made great dificulty to leaue their tradition as wel Pius as Anicetus Soter and Eleutherius forbore for peace and quietnesse sake to compel them by Ecclesiastical censures to the obseruation therof but afterwards Victor who succeeded Eleutherius noting that not only those which inclyned to keep the ceremonies of the old law were much confirmed therby in their opinion but also some in Rome namely one Blastus sought to introduce that custome there and Iudaysme withall cauled a councel of the Bishops of Italy neere adioyning and not only caused other councels to be assembled in France but also directed his commaundements to the Bishops of the east to do the lyke namely to Theophilus Bishop of Caesarea as that S. Bede reporteth in these words victor the Pope Bishop of the citty of Rome dixerit authoritatem that is to say directed a commaundement to Theophilus Byshop of Caesarea and Palaestina that it should be determined how the easter should be celebrated there where our Lord the sauiour of the world conuersed Therfore perceptae qutoritate the authority or commaundement being receiued Theophilus assembled Bishops not only out of his owne prouince but also out of diuers other cuntryes and when they were come togeather in great numbers Theophilus protulit autoritatem ad se missam Papae Victoris Theophilus shewed the autority or commaundment that Pope Victor had sent him declared quid sibi operis fuisset iniunctum what was enioyned him to do c. herein by the way I wish to be noted how the Bishop of Rome in those dayes that is to say in the tyme of Lucius exercised his autority in calling of councels both of the Byshops of the Latin or west Church also of the east seing Theophilus Byshop of Palaestina assembled the prelats not only of his owne prouince but also of diuers other by vertue of the commission geuen him by Pope Victor But to proceed yt being determined by all those coūcels that the feast of Easter should be kept on the sunday according to the custome of the Romā Churche Victor the Pope renewed the decree of Pius his predecessor and denounced excomunication against all the Churches of Asia that would not cōforme them-selues therto which though some holy and learned Bishops amongst other Irenaeus thought to bee rigorously done and not with such consideratiō as it seemed to them the peace of the Church required yet none of them nor any of the schismatykes themselues took any exception to his autority as though he had donne more then he might do which no dout they would haue done yf he had exceeded the limits of his power therfore Eusebius sayth that Irenaeus did admonish him that he would not cut of from the body of the whole Church so many Churches for obseruing a tradition vsed amongst them according to an old custome and Nicephorus testifieth that they aduised him vt benignius statueret that should determine therof with more benignity and myldnes wherin wee see Pope Victors authoritie and power to excommunicat all other Bishops sufficiently acknowledged though there was question of the iustnesse of the cause and conueniency of the fact neuerthelesse yt appeared afterwards by the determination of the whole Churche of God yea of the greatest part of the Asian Churches themselues that Victor had reason in that which he did for as Nicephorus testifieth not only Asia did at lēgth yeild therin but also vbique terrarum in orbe decretum est it was decreed through out the world that the feast of Easter should be celebrated vpō the sunday in so much that those which would not yeild therto were held for heretykes cauled quarta decimani for so they are accounted and termed by Nicephorus saynt Augustin Epiphanius Philastrius and the councels of Antioch and Laodicea and to conclude this poynt yt shal not be impertinent to the matter in hād to consider how this controuersy about the keeping of easter ended many yeares after in England betwyxt the English Byshops mayntayning the custome of Rome and the Scottish that were Schismatykes and obserued the custome of Asia which venerable Bede recounteth saying that Bishop Colman with his Scotish elergy being assembled in Northumberland with Agilbert Bishop of the east Saxons his Priests Wilfred and Agathon in the presence of King Oswy after long debating the matter on both sydes Wilfred answered to Colman who relyed vpon the autority of Anatholius and Columba his predecessors although quoth he Columba was a holy man yet could he not be perferred before Peter the most blessed Prince of the Apostles to whome our Lord sayd thou art Peter and vpon this rock I wil buyld my Churche hel gates shal not preuayle against it and to thee I wil geue the Keyes of the Kingdome of heauen when Wilfrid had sayd this King Oswy who had ben brought vp by the Scots and infected with their schisme asked Colman wheather he could proue that so great autority was geuen to Columba and Colman answered no and do you on both syds sayth the King grant without controuersy that this was sayd principally to Peter and that the Keyes of the Kingdome of heauen were geuen him by our Lord and both parts answered yea nay then quoth the King merily I assure yow I wil not in any thing contradict that porter but as farre as my knowledge and power shal extend I wil obey his commaundments least perhaps when I shal come to heauen and haue him my enemy that keepeth the keyes no man wil open me the gates The King hauing sayd thus all that were present both litle and great sayth saynt Bede allowed therof and yeilded to receiue the Catholyke custome of keeping Easter on the sunday Thus wee see this great controuersy ended also in England neere a thousand yeres agoe by the autority of the sea Apostolyke so that to returne to Pope Victor wee may truly say he had the victory or rather that saynt Peeter by him and his successors vanquished all such as opposed themselues to this traditiō of the Roman Churche Seing then in the tyme of K. Lucius the Bishops of Rome both claymed and exercised supreme authority ouer all
lyke cases And that this was also his resolution it appeared manifestly at his death at what tyme he vtterly denyed not only the fact and all intention therof but also that he had bene employed to any such end by any man accusing his owne frayltie in that he had for torment belyed himself which being considered with the weaknes of the euidence doth no lesse manifest his innocencie and ours then discouer the impietie of those that enueygled him to bely and slaunder himselfe others wherof I wil speake more hereafter AN EXPOSTVLATION which M. Cook her Maiesties Atturney CHAP. IX FOR as much as I vnderstand that M. Cook her Ma ties Atturney was a principal actor in the tragedy of Squyre and played the part as wel of a kynd as of a kindly cook in seasoning such an vnsauory matter with salt teares and of a notable calumniatour in belying and slandering me with father Walpole and others charging me not only with discouering the matter to Stanley whereof I haue spoken before but also with imparting it to the King my maister of glorious memory making his Ma tie therby an abettour of that imaginary conspiracy I cannot forbeare to answere him breeâ—ly thereto and to debate the matter with himself Therefore good M. Cook how simple â—oeuer yow conceiue me to bee yet I would haue yow to vnderstand that I haue not got so litle experience and skil of Kings humorsâ— in these 15. or 16. yeares that I haue haunted their courts and serued some of them that if I should haue employed Squyre or any man els to kil her Ma tie I would haue acquaynted any king or souerayne Prince therewith whereby they might take me for a Queene or King killer for howsoeuer the act might turne to their benefits or be to their lykings I ame sure they would say with Augustus Caesar I loue the treason but I hate traytour besides that I am not ignorant that they hold it for a necessary poynt of state to mayntayne the soueraigne maiesty of Princes as sacred and iâ—â—â—oâ—able yea though yâ—â—be of their very enemies therefore wheÌ„ Darius was ouerthrowne by Alexander the greate and trayterously killed afterwards by a subiect of his owne called Bessuâ— he recommended the reuenge thereof to no other but to Alexander himself saying that yt was not his particular but the common cause of Kings and matter of necessary example which should be both dishonorable and daungerous for him to neglect in which respect Alexander afterwards reuenged the same not esteeming sayth the story Darius to be so much his enemy as he that slew him This consideration might haue suffised I assure yow M. Cook to with hold me from acquaynting his Ma ie with the matter yf there had ben any such but much more his Ma ties great vertue piety and Iustice so knowen to all the Christian world howsoeuer yow and your fellowes in your hemisphere are ignorant thereof that I know not who durst haue presumed so much as to intimat any such matter to him whose royal harte the very harbour of honour and true magnanimity was no more compatible with murders mischiefs theÌ„ your base mynd is capable of Kingly conceits This shal suffise for answere to your discours of my imparting the matter to the King seing there was no other ground thereof but your owne imagination which was no lesse Idle then your head was addle all that day being the morow after your mariage as I vnderstand when yow were not as yet come to your self hauing left as yt should seeme not only your hart but also your wits at home with my lady your wyfe as yt may wel appeare by the aboundance of teares yow shed in your pittiful pleading where of I cannot but say as Catulus sayd to a bad oratour that hauing employed all his eloquence to moue his audience to pitty asked him his opinion thereof whereto he answered in truth quoth he yow mooued much pitty for there was no man there that thought not both yow your oration much to be pittied and so Sir I may say of yow that no dout yow mooued all wyfe men that were present to pitty yow and to hold yow eyther for the simplest or els the most malitious man that euer occupied your place the simplect if your teares were from the hart the most malitious yf they were fayned For though yow had ben a man of farre lesse vnderstanding in the lawes of England then one that should deserue to be the Queenes Atturney and had not ben employed in the examinatioÌ„ of the cause as by all lykelyhood yow were yet yow could not but note such weakenes insufficiÌ„ency of the euidence such wresting of law and consequently so litle appearence of truth and lesse of her Ma ties daunger that yow could haue no cause of teares except yt were to bewayle the lamentable case of the poore prisoner yea and your owne for being in great part guilty of his blood which if yow saw not but weapt in good earnest for pitty of her Ma tie your law serued yow for litle and your wits for lesse and I dare say there were some on the bench that laught wel in their sleeues to see your simplicity and thought yow were more fit as good a cook as yow are to be a turne spit in the Queenes kiching then her atturney in the kings benche But yf yow saw the poore mannes inocency yet could shed teares lyke the crocodil to his distruction your malice surpassed all that euer I heard of And truly the best that your best friends can conceiue thereof is that it proceeded from some natural infirmity of a moyst and Ide brayne and therefore I would aduise my lady your wyfe hereafter to keep yow at home seing yow haue such a childish trick when yow come abroad to cry for nothing or els to send with yow a nours with an aple to stil yow when yow cry for otherwyse verely yow wil shame your self and your friends and so I leaue yow vntil yow geue me furder occasion which if yow do yow may assure your self that I wil follow the councel of Salomon and answere a fool according to his foolishnes least by other mennes silence he may think himself to be wyse OF THE LIKE SLAVNDERS raysed diuers tymes heretofore against Catholykes and of the concurrence of calumniation and persecution CHAP. X. YOVR lordships haue seene vpon what smal ground or rather none at all Squyre was condemned and we heere slaundered wherby yow may iudge how Iustice is administred now in your Realme by those that are or should be the Ministers therof for the better declaration wherof and the further iustification as wel of vs heere for this matter as also of all Catholykes for the lyke slaunders raysed against them diuers tymes heretofore both at home and abroad I wil be so bould as to represent vnto your Lordships sundry manifest wronges and
wil geue thee the keyes of the kingdome of heauen and Origen addeth further that there was no smalle differēce betwyxt the Apostles commission to bynd and loose and the commission of S. Peter which he affirmeth to be more ample because sayth he non erant in tanta perfectione sicut Petrus they were not in such perfection as Peter and therfore S. Leo sayth that the authority or power to bynd and loose was geuen Petro prae caeteris to Peter aboue the rest of the Apostles and the reason is for that he being their head and they subordinat to him he receiued the same for him selfe and them and they held it as from him vnder him though they had it also by Christs commissiō as wel as hee which S. Augustin teacheth clearly when he sayth that the keyes of the kingdome of heauen were geuen to S. Peter because he represented the whole church of which representatiō he yeildeth the reason adding immediatly Propter apostolatus sui primatum or as he sayth in an other place propter primatum quem in discipulis habuit by reason of the supremacy he had ouer the rest of the Apostles geuing to vnderstand therby that the keyes being geuen to S. Peter as head of the Apostles and consequently as head of the Church they were geuen also to the Apostles and to the whole Church for what is geuen to the king as king the same is geuen to the common wealth and from him or by him as head therof is communicated imparted to the whole body For this cause S. Chrisostome treating of the promis that our sauiour made to S. Peter to buyld his Churche vpō him and to geue him the keyes of the kingdome of heauen affirmeth that he made him head or gouuernour of the whole world Thus much for the second proof The third and last shal be the commission and charge that our sauiour gaue particularly to S. Peter to feed his sheep wherby he made him general Pastor ouer his whole flock whereof Eusebius Emissenus sayth thus first Christ comitted vnto him his lambs then his sheepe because he made him not only a pastor or shepherd but also the pastor of Pastors Therefore Peter feedeth the lambes he feedeth the sheepe he feedeth the young ones their dammes he gouerneth the subiects their prelats so that he is Pastor of all for besydes lambes sheepe there is nothing in the Church This is more euident in the Greeke wherein the gospel of S. Ihon was written then in our latin translation for where as we haue 3. tymes pasce that is to say feed the greeke hath in the second place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which doth not only signify to feed but also to gouerne and rule wherby the Euangelist signifyed that Christ gaue to S. Peter commission not only to feed his flock with preaching and teaching but also to exercyse all pastoral authority ouer them that is to say to rule and gouern them in which sence the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is often vsed in the holy Scriptures as in S. Mathew and Micheas the Prophet where it is sayd of Bethlem there shal come foorth of thee a caeptayne that shal gouern my people Israel and in the Apocalipse he shal rule them in an yron rod and againe in the Psalm thow shalt gouerne or rule theym in a rod of yron in which places as also in dyuers others of the scripture to lyke purpose the greeke hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in the same sence our lord saith in the Prophet that the great Monark Cirus should be his Pastor because he should gouern and rule his people and Homer oftentymes cauleth king Agamemnon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the king or Pastor of this people for the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth both and therfore S. Augustin expounding those words feede my sheep sayth that Christ recommended his sheepe to S. Peter pascendas id est docendas regendasque to be fed that is to say to be taught and gouerned Theophilactus also vpō the same place witnesseth that Christ gaue to S. Peter praesecturam ouium totius mundi the gouernment of the sheepe of the whole world and S. Chrisostome treating of those words of our sauiour sayth that he would haue S. Peter to be endewed with authority and farre to excel the other Apostles and agayne expounding the same words otherwhere he sayth that Christ spake vnto him only because he was the mouth head of the Apostles and committed vnto him curam fratrum suorum the charge of his brethren and a litle after that Christ gaue him the charge of the whole world which he also affirmeth in an other place of the vniuersal Churche saying that the supremacy and gouernment of the Churche throughout the whole world was geuen him by Christ. I wil conclude with S. Leo whereas saith he the power of bynding and loosing was geuen to Peter aboue the rest of the Apostles the care charge of feeding the sheepe of Christ was more specially committed to him to whome whosoeuer shal thinck the principality or supremacy is to be denied he cannot by any meanes diminish his dignity but being puft vp with the spirit of his owne pryde he casts him selfe head-long to hel Thus thow seest good reader that our doctrin of the supremacy of S. Peter is no nouelty of our inuention but the vniform and constant opinion of the most learned and anciēt Fathers of the Churche grounded vpon the scriptures in which respect we fynd in all the sayd auncient Docctors most eminent and excellent tytles of superioritie and praerogatiue attributed to S. Peter who in S. Hilary is cauled the blessed porter of heauen in S. Augustin the first or cheef of the Apostles in Eusebius the greatest of the Apostles and maister of the warfare of God in Epiphanius the captayn of the Disciples in S. Ciril Prince and head of the Apostles in S. Ambrose the Vicar that Christ left vs of his loue and to omit others for breuityes sake in S. Chrysostome the toppe or head of the congregation of the Apostles an vnconsumable rock the vnmoueable top of the buylding and lastly the pastor and head of the Churche THAT THE SVCCESSORS OF S. Peeter to wit the Bishops of Rome succeed him in the supremacy of the Churche CHAP. IX AND for as much as it is euident that our sauiour Christ gaue not this authority to S. Peeter for his owne particular benefit but for the general good of his Churche nor for his owne dayes only but during the tyme of the Churche militāt to the end that so long as their should be any sheep in his fold so long ther should be an vniuersal Pastor to feed and gouerne them and that his Churche which is a visible body
hauing attempted to poyson the Queenes Ma tie and my Lord of Essex by the instigation as was surmised of one Father VValpoole a Iesuite in Siuil with the priuity consent of Father Creswel and my selfe here in Madrid I was I assure your Lordships at the first brute amased and much afflicted to heare that these good men so farre of in my conscience from such cogitations and my self no lesse were slaundered with matter so haynous odious and although I had reâ—ours presentlie to the brazen wall of our owne innocency as the Poet speaketh and the comfort of a good conscience which our Sauiour geueth his seruaÌ„ts in like cases saying to his Apostles happie are yow when men shall rayle vpon you and persecute you and speake all euil of you belying you for my sake reioyce and be glad for your reward is copious in heauen although I say I rested coÌ„forted with this consideration so resolued my self to patience silence yet waying afterwards that as the Latyn prouerb sayth Qui tacet consentire videtur he that holds his peace seemes to consent that my sylence might not onlie turne to my further condeÌ„nation in this matter but also to the preiudice of all the good Catholyks of England against whome euery supposed fault of any one or two be it neuer so false is commonlie wrested to the reproche condemnation of all I could not forbeare to offer to all indiffereÌ„t men this necessarie defence and Apology of my innocencie in this affayre as also to addresse the same to your Lord ships hands especially for 2. causes which heer I wil expresse The one was for that it is not only conuenient in respect of your place dignitie as also of the duety I owe beare you but also importeth for the preueÌ„tion of the inconuenieÌ„ce aforesaid that I seek to satisfie your honours before all others in whose hands principally resteth the satisfastion of her Ma tie the moderation of the rigour or iniust persecution vexation which vpon this false conceyt may otherwayes be vsed against the innocents Catholyks of England which haue neyther parte nor fault therin The other is for that persuading my selfe that so fond a fiction or rather so foule vnchristian a practyse teÌ„ding to the spilling of guyltlesse blood in this acte to the slaunder of innocent people both at home abroad could not proceed from the body of a councel consisting of men so honnorable graue wise as your Lordships are presumed to be but rather froÌ„ some inferiour persons of lesse consideratioÌ„ more desyrous of garboyles to whose examinations such causes coÌ„monly are committed who may haue abused perhaps your Lordships in this behalf dazling your eyes with pretence of daungers to her Ma ties person in consideration whereof I thought my selfe bound as wel in conscience as duety to your Lordships to discouer vnto you not onely the trecherous deuises dryfts of those that contryned this infamous tragedy but also the dishonour daunger and ineuitable dommages that must needes redound to her Ma tie to your honours and to the whole state in tyme if such proceedings be permitted in which respect if those ancient senators gouernors among the Romans being heathens did think it conuenient euen for honour of theyr common wealth to chasten oftentymes most sharpely examplary certayne newe deuisers of publyk shiftes deceyptes dishonorable trecheryes vsed by theÌ„ though it were against their enemyes and in farre countreys and to the common publique benefit of theyr state as they pretended whereof many examples may be read in Liuy Halicarnasseus others S. Augustine in his book of the city of God thinketh that God gaue them so florishing a Monarchie ouer the world for this honorable kynd of proceeding in moral iustice how much more ought Christian councelours detest and punish such base vile proceedings or rather malitious and diabolical as this is whereof now I am to treate vsed against the blood of Christian subiectes at home in your owne sights to no publique benefit but rather to publique infamy and shame among all nations where it shal be knowne wherefore this a matter so worthie necessary for your L. to know remedy I hope you wil take it wel that it cometh dedicated to your selues THE AVTORS PROTESTATION of his innocency with the confutation of the fiction by the improbability of the end that was supposed to moue Squyre thereunto CHAP. 1. FIRST then for as much as my innoceÌ„cy in this matter is best knowne and most cleare vnto my selfe by the testimony of my owne coÌ„science which is to me mille testes as the law sayth no one but a thousand witnesses and would be no lesse cleare to your Lordships yf my hart were knowne as wel to you as it is to God and my selfe I think yt conuenient for the first poynt of my discharge to caul him to witnes that is the searcher of hartes raynes which manner of purgation though it may argue weaknes or want of credit in him that vseth it for as S. Chrysostome sayth an othe is a geuing of surety where mans manners haue no credit neuerthelesse it is so conforme to all lawes humayne and deuine and so confirmed by custome of all countreys and common wealthes that it cannot iustlie be refused when the party in neyther infamous for falshood nor conuict by euident testimonyes of the cryme obiected to the contrarie in which respect S. Paule sayth an othe is the end of euery controuersie for the confirmation of the truth Therfore I do here caul almightie God his Angels and Sayntes to witnesse that I am so farre from being guilty of this matter which I am charged with that I neuer saw in my lyfe for ought I know the sayd Edward Squyre nor euer had any correspondence or dealing with him by letters or any other meanes neyther yet euer conspired my self or was any way priuie to any other maÌ„nes conspiracy of the death of her Matie or of my Lord of Essex this I affirme in such sort as yf it be not true in all and in euery part I renounce all the benefit I expect of my Sauiour Iesus Christ which I would not do for all the good in the world as your Lordships may beleeue of me yf it please yow to consider that for the only respect not to offend God and my conscience I left all the peasures and commodityes of my owne countrey to lead this banished lyfe for many yeares not hauing bene any way charged whilest I was in EnglaÌ„d with matter of state or any other greater cryme then that I would not go to your Churches and prayers persuading my selfe as styl I do that I should offend God damnably therin If therfore I haue bene am contented to loose all that a man can loose lyfe excepted rather then to do an act offensiue to God and my conscience I hope no
delinquent himselfe who cānot in such cases renounce his owne iust defences Therfore to conclude seeing that Stanley was subiect to all exceptions aswel for his lewd conditions and suspition of subornatiō against Squyre as also for beeing but a single witnesse and his euidence not of knowledge but of heare-say not particular concerning the killing of the Queene nor giuen in publyke and in presence of the Iury but in priuate there were so many detects therin that yf the Iurie found Squyre guyltie therevpon I must needs say they were worthy to weare papers for their paynes and may perchaunce weare fierbrands els where if they repent not for spilling Christian blood so wilfullie OF THE TESTIMONIE geuen by a priuie councelor CHAP. VII IT is further reported heere that a priuie councelor being present at Squyres araygnmēt did witnesse that he had seene a letter which had passed betweene me a kinsman of myne at Rome wherein we aduertised one the other that although Squyre had not yet performed that which he promised yet he continued his determination to do it when oportunity should serue Hereto for answere I do first make the same asseueration as before vpon my Saluation that there neuer passed any letter betweene my kinsman and me concerning Squyre in any sence or to any purpose whatsoeuer and that I think in my conscience my said kinsman neuer hard tel of him nor so much as dreamed of him or any matter of his in his lyfe except now by this occasion of his execution written from England Secondly I say that persuading my selfe that so great a councelor would not so litle respect his honour and conscience as to forge of his owne head a matter so false and odious as this and to affirme it in such an honorable and publyke assembly to the preiudice of any mannes lyfe and fame if he had seene no such letter in deed I must needes think that he was abused by some of his intelligencers or inferiour informers who to make a shewe of their double diligence in such affayres did counterfet the sayd letter in my name or my cosens But howsoeuer that was in this testimonie two thinges are to be considered the one the estate and qualitie of his person the other the weight and valewe of the matter which being weighed ioyntly may seeme not a litle to preiudice this cause but considered a parte do nothing at all hurte the same For the first I say as Cicero said in the lyke case in defence of Muraena when Cato was the accuser that the dignitie autoritie and other partes that God hath giuen to that our english Cato for a publike good ought not to turne to the damage of any particuler man further then the matter meriteth but rather to his benefit to which purpose Cicero recoūteth that when the famous Scipio Africanus accused Lucius Cotta the great credit and authoritie of the accuser was so far from hurting the defendant that it greatly profited him for sayth he the wyse and prudent Iudges would not suffer any man so to faul in Iudgement that he might seeme to be ouerthrowne principally by the power of his aduersarie and Valerius Maximus telleth of Quintus Pompeius Aufidius that being accused of extorsion and much pressed with the testimonies of Lucius Q. Metellus and of Caius and Q. Cepio men of soueraigne dignitie in that common wealth he was neuerthelesse absolued least sayth he it might seeme that he was opprest by the might of so potent enemies Such was the honorable proceeding of the ancient Romans who thought it no reasō that a witnes or accuser should bring into Iudgemēt ouer great power or more authoritie then ordinarie or ouermuch fauour and credit which ought to be employed to the defence of the innocent to the help of the poore impotent to the comfort of the afflicted rather then to the daunger distresse and distruction of subiects This I am bold to intimate to your Lordships not to blame the a foresaid wise and woorthy councelor to whome I beare all due reuerence and respect but to the end it may appeere that yf his autoritie dignitie moued the Iury more then the weight of the matter which hee testified as yt is lykely it did it neither ought so to haue donne neyther was it I am sure any parte of his honours meaning or desire that it should do and thus much for his person As for the matter which he testified I shal not need to spend many wordes therin for that I am persuaded his honour did not speake as a witnesse but by the way of discourse seing that so farre as I vnderstand he was not deposed and sworne neyther yet the letter brought foorth and red in the court nor proued to be a true and no counterfeit letter which I verely beleeue his honour wil not for all the good in the world affirme vpon his credit much lesse vpon his oth as it had beene necessarie eyther he or some other should haue donne to make the same forcible in law wherof I saw once the experience in an action of scandaelum magnaetum in the Kinges bench where a letter of the plaintiffes being presented by the defendant I remember M. Atkinson who pleaded for the playntife reiected it as not written by him wher-vpon the defendant was forced to produce a councelour at Law for witnesse who vpon his oth affirmed that the letter was of the plaintifes hand and sealed with his owne seale And yf this were needful in a ciuil action yt must needs be much more in a cause criminal capital wherein most euident and pregnant proofes are required especially in our law wherin the Iuries that are to Iudge thereof are ignorant men in which respect they had need to haue the the matter as cleare as the sunne for otherwyes our tryal were the most absurd and barbarous tryal in the world and therfore whensoeuer yt is obiected by the Ciuilians against our law that simple Idiotes haue in their handes the Iudgment of our causes and as Anacharsis merilie said to Solon of the populer state of the Athenians that wyse men propound and plead cases and fooles decyde them when this I say is obiected our common Lawyers answere that our Iurers are not to Iudge de Iure but de facto not of matter of Lawes or right it self but of matter of fact only that is to say not of intricate and ambiguous pointes but of playne and euident matters as of actes donne which neuerthelesse yf they be to be proued by presumptions coniectures and doubtful euidences ignorant men wil assone be deceyued therin as in matter of lawe wher-vpon I inferre that yf in the ciuil and all other good approued Lawes wherin Learned and wise men are to Iudge of the euidence yt is required that the same be most manifest and testified by eye witnesses or others that haue as certayne knowledge therof as eye witnesses and this especiallie
with matter of state CHAP. XXII IN the third page yow appeale Sir Pamphleter to the knowledge of your frend in Padua for the distinction moderation of the proceeding in England in ecclesiastical causes with what lenitie and gentlenes it hath beene caryed except where it was mixed with matter of state for such are your owne wordes Hereto I answere that by your restriction exception of state matters yow ouerthrow your general proposition of clemency and proue that ther is no moderation lenitie nor gentlenes vsed at all for where is not matter of state mixed with religion now a dayes in England are not so many essential poynts of Catholyke religion made treason as no man can do the duetie of a Catholyke but he is ipso facto a traytour seing no man can be so much as absolued of his sinnes nor receyue any Sacrament of Gods Churche by the only true ministers thereof I meane Priestes but he committeth treason besydes the other captious lawes about the Supremacie the exacting of the oth and the vrging of Catholykes to come to haeretical seruice communion vnder colour of temporal obedieÌ„ce to the Prince is not in all this state mixt with religion yea and to no other end then to persecute vs vnder coâ—our of treason and matter of state while ye persecute religion and for religion Was not this the very practise of Iulian the Apostata who to couer his persecution of Christians sometymes caused his picture to be set with Iupiter or other fais Gods and sometymes made himselfe to be paynted with their enseignes and resemblance therby to make such mixture of religion and matter of state that those which should refuse to commit Idololatry might be punished vnder colour of contempt of his emperial person Hereof sayth Sozomenus Nam sic cogitabat c. for so Iulian thought that if he persuaded theÌ„ to that he should more easely bring them to his wil in other points of religion also and if they resisted in this he might punish them without mercie as offenders against both the common wealth and the Empyre It not this now practised in England in effect for what other thing is it to annex the keyes of Peter with the Princes crowne the deuine power with the humain the supremacy spiritual with the gouernment temporal dignities no lesse distinct in nature then incompatible in lay persons and especially in women sexe what other thing is it I say then to ioyne Iulian with Iupiter and to paynt the Prince with the enseignes and resemblance of deitie and to what other end then vnder colour of treason matter of state to make away all those that shal refuse to acknowledge this pretended ecclesiastical supremacy Such then is your mixture of religion with matter of state as whiles yow pretend to punish none for Catholyke religion yow persecute cruelly all Catholykes for no other true canse then religion yea and as the pharises did yow persecute and crucifie Christ agayne in his members as an enemy to Caesar and for the same reason of state that they did cry to Pilate si dimittis hune non es amicus Caesaris if yow let him scape yow are not Caesars frend for that his fault is not religion but matter of state against Caesar and agayne si dimitiunus hunc venient Romani c. yf we dismisse this man the Romans togither with Spaniards wil come and take from vs both our place and people and wil conquer spoyle destroy vs for which respect yow haue already killed some hundreths of Catholykes vpon lyke suspitions and ealumniations by vertue of your new statutes besydes many murdred for fayned conspiracies and fals imputed crymes and an exceeding multitude of others consumed and wasted with imprisonment others pyned a way in banishment others empouerished ruined with taxes impositions and penalties and an infinite number dayly languishing in captiuity penurie and miserie for that they wil not yeeld as yow cal it temporal obedience in comming to your seruice and communion yet forsooth yow trouble none for religion But yf it please yow and your frend in Padua that knoweth as yow say this matter so wel to consider it a litle better yow wil easely see that the distinction that yow and your fellowes make is confusion your moderation persecution your lenity seueritie your shew and talk of mercy nothing els but a mere mockerie and playne cosinage of the simple reader for to preache one thing and practise an other is I trow the highest point of cosinage that may be But what maruaile is it if yow draw our religion to matter of state seing your owne religion hath no other rule nor ground but reason of state for albeit the substance of religion which now yow professe different from ours be patcht vp of old and new heresies especially of these last of Luther Zwinglius and Caluin yet that which is properly yours and the key and stay of all the rest and maketh yow a bodie and part different from other Sectes of Lutheranes Zwinglians and Caluenists Puritanes Brownists Anabaptists and the lyke is the obedience that yow acknowledge in ecclesiastical causes to a lay head which although it was first introduced into England by King Henry the S. only vpon animositie against the sea Apostolyke because thesaid sea would not allow his deuorce from Queene Catherine which King in all other poynts detested your religion yet being abolished by Queene Marie her Ma ties syster and last praedecessour it was returned agayne in the beginning of her Ma ties raigne that now is only vpon reason of state as all the world knoweth and so hath hyherto byn continued For those polityke statistes of ours that had the vse of her Ma ties eares in the beginning considering that the Queene of Scotland being then maried vnto the French King pretended title vnto the crowne of England and fearing that the sea Apostolyk would fauour her pretence in respect of the mariage of her Ma ties mother yea and that the people would also incline that way if they remayned stil in the obedience of the said sea they hadrecourse to Hieroboams pollicy and abusing the facilitie of her Ma ties good nature and yong yeares persuaded her to change the religion then publikly professed and not only to banish the authority of the Pope but also to follow her father and brothers example in taking the title of ecclesiastical supremacy vpoÌ„ her self a thing absurd ridiculous vnnatural impossible therefore worthely reiected impugned and derided by Luther and Caluyn themselues and by their folowers and the Puritaines at this day in England and all other sectaries abroad as a matter without all praesident or example in any Christian common wealth or colour of Scripture except of some few texts that treat of obedience to Princes in general no lesse to Heathen Kings then Christian and therfore can not with any shew of reason be vnderstood
his persecution with craftie and subtyle deuises enuying them the name and glorie of Martyrdome that the souldiours of Christ had got in former persecutions and therfore he endeuored to vse violence in such sort as it should not appeare ordayning that the Christians which suffred for Christ should be put to death as malefactours this affirmeth S. Gregory NaziaÌ„zen of Iulian the apostata wherein yow may see a true pattron of your owne proceedings for to exemplify the same with answere to the question yow aske concerning the temper of the lawes made in the 23. yere of her Ma ties raigne what other cause had yow to make those lawes in that yeare but that yow knew that Father Campian and diuers Seminary Priests were come into EnglaÌ„d lately before therfore to make the world beleue that their comming was to no other end but to sow sedition and trouble the State yow did not only make those lawes but also shamfully mundered the same yeare thesaid famous man and 11. godly innocent Priests with him for fayned conspiracies proued against no one of them disauowed by them all at their deathes which sufficient proof of their innocency as before I haue declared at large in the 11. chapter besydes many other since made away in lyke manner vpon lyke fals pretences and especially in the yeare 88. after the Kinges Armada had past through the channel in which yeare yow executed aboue 40. Priests and Catholykes in diuers partes of England to make the world beleeue that they had intelligence with the Spaniards or had procured the comming of thesaid Armada which could not bee proued nor so much as iustly suspected of anyone of them Moreouer I dare boldly affirme neyther shal yow euer be able with truth to controle me that wheras our Seminaries haue yeilded within these 30. yeares 5. or 6. huÌ„dreth Priests that haue laboured in that vyneyard wherof yow haue put to death more then a hundreth yow could neuer iustly charge any one of them with sedition or matter of state except it were Ballard executed with Babington and the rest whom as I wil not excuse because I know not how farre he waded in those matters so wil I not condemne him considering the proceedings of yow and your fellowes with Catholykes in lyke cases yet this I wil be bold to say that if he had any dealing therin it was without the consent or knowledg of any of his superiours yea or of any intrinsecal frend of theirs wherof I could yeild a sufficient reason if it were conuenient But let vs admit that he was as deep in those matters as any of the rest haue yow therfore any reason to condemne all other Seminary Priests for his act I do not blame yow heer for punishing any Catholyke that yow should fynd to be truly seditious but I fynd it strange against all reason and iustice that yow do not only punish vs for fayned crymes but also impute the doings of one or of a few to all which was alwayes in my tyme and I think it stil the absurd dealing of your lawyers in the araignment of Catholykes vrging against them the attemptes of Doctor Sanders in Ireland and Feltons setting vp of the Bul and such like as though euery Catholyke were priuie to their doings or thought himself bound in conscience to do as they did which kynd of argument your lawyers would neuer vse if they were not eyther most malitious or ignorant or thought all their audience to be fooles For what conclusion can be drawne from one or some particuler to a general as to say Eaton the preacher did pennance on the Pillery in cheapsyde and after at Paules Crosse for lying with his daughter such a minister was hanged for a rape such an other for sodâ—my such a one for a murder ergo all ministers are mnrderers sodomites rauishers of women and incestuous persons Would your ministers allow this conclusion or els that lawes should be made against them all for the offence of some of them and yet to say truly there haue beene so many examples of ministers conuict executed for such crymes that yow might with more reason exterminate the whole ministery as a very sink of sinne then condemne all Catholykes as seditious for Doctor SaÌ„ders and Feltons cause oâ— all Seminary Priests for Ballards But to conclude this point it is euident ynough that neyther Ballards offence yf he committed any nor theirs that were executed with him could be any occasion of those rigorous lawes against Seminary Priests which were made some yeares before when as I haue said yow had not any one example of a Seminary man that had beene or could be touched with any sedition other then such as yow fayned of them your selues Furthermore what iust cause had yow to make the distinction in your lawes betwixt Queene Marie Priests Seminary Priests haue yow found any more in the one then in the other but only that yow know the old Priests of Queene Martyrs tyme were so spent and wasted already that ther was not left of them perhaps half a score in England who also yow thought would be in a short tyme consumed wheras of the others yow saw a continual spring that would flow perpetually to the vndouted destruction of your heresy in tyme if it were not stopped in which respect yow thought good to seeme to fauour the first that yow might with more shew of reason persecute the later Neuerthelesse yow haue hanged some of those Q. Marie Priests as wel as the other only for doing their function counting them therin no lesse seditious then the Seminary Priests and yet yow say yow spare the one sort as only superstitious and punish the other as seditious But such seditious and superstitious Priests as these are were the very Apostles and Disciples of our Sauiour for they absolued from sinne as these do they administred the Sacraments of Baptisme or the Aâ—ter extreeme vnction the rest as these do they said masse that is to say they offred in sacrifise the blessed bodie and blood of our Sauiour as these do they did preach and teach the Christian Catholyke doctrine as these do finally they were persecuted punished for sedition as these are Thus Sir yow may see yow had not those causes which yow pretend to change the temper of your Iawes nor to distinguish betwyxt Seminarie and Queene Marie Priests neyther any reason at all to cal them eyther superstitious or seditious But let vs see some more of your gloses THE CONFVTATION OF an inuectiue which the Author of the Pamphlet maketh against the Iesuits CHAP. XXIIII IN your 10. and 11. page yow make a digression to treat of the strange mysteries as yow cal them of the Iesuits doctrin how they mingle heauen and hel and lift vp the hands of the subiects against the anointed of God yow wonder that Princes do not concurre in