speeches and writings do speake euery where very vnkindly and vnreuerently of him Sir if we should aske you what these vnreuerent speeches writings were the instances would be to seeke vnlesse you deuised matter of your own coining Or to let this passe whom should we beleeue you or the famous Cardinall Allen gone also to God who told M. Mush that the said Protector neuer did nor euer would as he feared do good to our countrey And we are sure that fewe or none tasted anie part of that you report except M. Haddocke who left our campe without any great losse to our cause and perchance some other deuoted persons whom you recommēded And here we humbly request that we may not be thought to write this being more then anie of vs wrote before either vpon another motiue or to other end then we did that is to purge our selues of the note of hatefull ingratitude which you impute vnto vs and to shew how litle beleefe you deserue in many of your writings Touching the last calumne in the beadrole vz. the terrours we cast Fol. 117. into lay mens heads of admitting forreine authoritie from the Pope which tendeth you say to a worse consequence then all the rest and by which as Fol. 14. 15 16. you write in another place his Holinesse and all other godly and learned men may see and pitie vs but especially our spirit of vindicatiue and maleuolous proceeding c. We answer that you seeme by this course construction of our wordes to carrie a verie sharpe disposition of wounding vs in the speedingest place you can Is your religious charitie no more That which was affirmed was onely that by the opinions of diuerse men In the copie of Discourses pag. 6. of iudgement in the lawes of our countrey this our admitting of the Archpresbyteriall iurisdiction may by law and will by likelihood be drawne within the compasse of an old law of Premunire made in a Catholike time because it is an externall iurisdiction brought into our Realme against the will and notice of our Prince and countrey This was the summe and the worst of all that was written and the cause of the writing was to yeeld a reason why we deferred to receiue the Subordination vpon view of the Cardinals Letter namely because the preiudice it might this way turne vs vnto was great and great by an auncient law of the Realme Which brought vs into a most certaine opinion that we were no wayes obliged in conscience notwithstanding the contrarie position of the Iesuites and our Archpriest to admit the Subordination vpon the sole credence of the Cardinals Letter the preiudice we should incurre by the admitting thereof being as we haue said so great to our selues and profitable to none and consequently that which most of anie other thing did iustifie our delay Because no writer who is See the Authors quoted pag 61. 62. ◠89. largest in the prerogatiues of Cardinals but doth hold that in matters of verie great preiudice a Cardinall is not to be beleeued vpon his word in things that he relateth to haue receiued from another So that the cause which enforced vs to mention the said law of Premunire being no other then to iustifie our bearing off or to free our selues in the crimes obiected against vs by father Lyster and others and our words also which ensued in the verie next page witnessing that his Holinesse least commaund should euer bind vs though with hazard and losse of our liues to accept of any Ecclesiasticall iurisdiction which he should appoint make known vnto vs after a Canonicall maner we cannot but maruel what passion guided or rather blinded your pen in running thus eagerly vpon vs without iust or colourable cause giuen if you had bene pleased to vnderstand our intention and words aright And we maruell the more hereat in respect you fall into this inuectiue humour after our deeds had verified our words and we really admitted the subordination according to our promise vpon the first appearance of his Holinesse Breue notwithstanding the danger of the foresaid lawe of Premunire standing in force and inlisting vs within the penalties thereof for so doing A fact wherein we litle doubt whether the clergie of Fraunce or Spaine would haue followed vs if the case had bene theirs but would haue respited their acceptance notwithstanding the Breue till his Holinesse had bene otherwise and fuller aduertised and the mischiefe prouided for But now we being so few that is to say some fiue or sixe and such as we Fol. 15 119 were for so scornefully do you terne vs small account perchaunce is to be made of our right specially standing against the designe of a Iesuite we haue to alleage Nulla erit distantia personarum ita paruum audietis vt magnum That in discussing of rights there is no difference Deut. 1. of persons or number to be respected but the case of the few small is to be tendred as well as the case of the many and great Your other assertions that we by our foresaid naming of the Statute of Premunire laboured to cast terrors into lay mens heads of admitting foreine authoritie from the Pope and that we would haue the Princes consent to be needfull for the legitimatio of the new authoritie denominate our selues being but some fiue or sixe to be the Countrey and that we also opposed our selues against the Subordination for that his Holinesse had not asked our consents These are so ill deductions so farre fetcht and sauouring so strongly of the old leuen that whosoeuer reades them must hold you farre gone in passion or drowned in indignation against vs. Did the Subordination concerne anie lay man at all when we mentioned the Statute of Premunire The Constitutiue letter is as flat as flat may be against anie such inference or interpretation For it onely instituteth M. Blackwell Archpriest ouer the Seminarie priestes abiding in England or Scotland and giueth him not the least authoritie in the world ouer the Laitie or so much as once toucheth anie such matter How shamefully therefore do you wrest our words sith when we first wrote them the Subordination implied none of the Laitie and were onely printed to shew by reason that we were no such lewd persons nor intangled in the censures of holy Church as father Lyster with his adherents did most ignorantly or most vncharitably censure and diuulge vs to be We assure our selues father Parsons that your restlesse spirit and pen your enterprising and busie actions haue turned heretofore our Catholike Professants to infinite preiudice for to no knowne cause can we impute so much the making of the seuere lawes of our countrey as to your edging attempts and prouocations And as we assure our selues of this so do we feare least this your notorious playing and descanting vpon our wordes and your forward endeuours to Fol. 15. 110. 117. 132. draw all things
receiued from his Holinesse do pronounce and declare that those first letters of our Institution did truly bind all the Catholicks in England and that those who haue any wayes wittingly impugned our authority were truly disobedient to the See Apostolike and rebellious against our office instituted by the same See And a little after We forbid all Priests in vertue of holie obedience and vnder paine of suspension and interdict the absolution whereof we reserue to our selues I adde also the losse of all their faculties to be incurred ipso facto the Laiety likewise vnder paine of interdict to be incurred ipso facto that none of them presume in any wise by word or writing directly or indirectly to defâ—nd that former disobedience the cause of so great perturbation of peace amongst vs. Instructed by long experience what great inconueniences haue growne to the vpholding of discord by those priuie meetings which in former yeares we haue prohibited so farre as they haue bin the nourishments of schismes do therefore once againe strictly forbid all such assemblies commaunding all our assistents and other reuerend Priests that they aduertise vs of all such meetings and assemblies which tend not to the furtherance of piety and hospitality or of ciuility and peace And we prohibit vnder paine of suspension from diuine functions and losse of all faculties that no Priest in any wise by word or writing goe about either to seeke or giue any voyces for what cause soeuer before the same be knowne to be communicated with vs or with two of our assistents These things are in the aforesaid Decree For which intollerable wrongs and oppressions and many other indignities which we haue indured these two yeares space and more and for that likewise we do not know whether your Reuerence hath any authority at all to make Decrees seeing no such facultie appeareth in the Constitutiue Letter In the name of God Amen In the yeare of our Lord 1600. 13. Indiction the 17. day of the moneth of Nouember and in the 9. yeare of the Papacy of our most holy Father Clement by the prouidence of God the eight of that name We English Priests whose names are vnder-written finding our selues agrieued in the premises and fearing more grieuous oppressions in time to come do make our appeale and prouocation to the Sea Apostolike and aske of you Maister George Blackwell the first second and third time instantly more instantly and most instantly our Apostles or dimissory letters submitting our selues and all we haue persons faculties goods and rights to the tuition protection and defence of our most holy Father Clement the eight and to the See Apostolike And we make this our appeale in our owne names and in the names both of the Cleargie and Laiety of which later there are many hundreds whose names for iust causes are concealed that adhere vnto vs by meanes of the controuersie of schisme or in any of the aforesaid matters or dependance or prosecution thereof or after any other sort desiring if there be any thing to be added taken away or changed for the more validitie of these presents that the same may be added taken away or changed as the forme of lawe shall require Giuen at Wisbich the yeare and day of the moneth Indiction and the yeare of the Papacy as aboue Thomas Blewet Christopher Bagshaw Christopher Thules Iames Tayler Iohn Thules Edmund Caluerley William Coxe Iames Cope Iohn Colleton George Potter Iohn Mush William Watson William Clarke Iohn Clinsh Oswell Needem Roger Strickland Robert Drury Francis Momford Anthony Hebbourne Anthony Champney Iohn Bingley Iohn Boswell Robert Thules Cuthbert Troolop Robert Benson Richard Button Francis Foster Edward Bennet Iohn Bennet William Mush Since the making of this Appeale there are others who haue subscribed thereunto and giuen their names as Maister Doctor Norris Maister Roger Cadwalader and Maister Iasper Lobery beside some other who for feare of the extremitie vsed against the Appellants durst not their friends being few and their state meane manifest themselues to our Arch-priest but sent their Appeales by our bretheren that are gone to Rome The Letter following was sent together with the Appeale VEry Reuerend Sir we send you our Appeale herein inclosed and haue prefixed the reasons to the end your self denying to mitigate the rigour on foote against vs our countrie may see till further satisfaction come foorth whereupon the discreete may suspend their condemnation of vs. Another cause that alike moueth vs thereunto was the affiance we hold that your Reuerence vnderstanding our grounds in this full maner would neither reiect the appeale nor blame vs for the making and lesse punish vs for a necessitie so many wayes behoouable Againe our pouertie want of meanes skill and friends to prosecute the matter did not a little perswade the particularizing of some of our pressures in regard the persons whose helps we are to solicite in the managing of the busines may the more willingly viewing the measure of our oppressions yeeld vs their most furtherance How long and with what discontentment of my fellowes I haue prolonged the sending of the appeale in hope of a more quiet issue in the difference none almost that are of our side but can witnes And now being brought in dispaire of expecting any such good end by the tenour of your yesterdayes Letter I can but grieue and commend the successe to God Concerning that part of your last Edict which forbiddeth vnder heauiest penalties either to giue or collect suffrages vpon any cause soeuer before the same be communicated to your selfe or to two of your reuerend assistants how hard soeuer the Iniunction appeareth yet for obedience we acquaint you by these with our determination of procuring other our bretheren to subscribe to the appeale and as their names shall come to our hands so to send them vnto your Reuerence Thus beseeching the goodnes of almightie God euer to guide you to the doing of his holie will I take my leaue Nouember 25. 1600. Dutifully yours I. Colleton Now our precedent appeale being à grauamine from aggreuances we were consequently bound to a Pan. in ca. vt debitus de appel nu 38. in Clement ca. appellanti dâ— appel nu 1. Decius in ca. vt debitus de appel â—u 83. alij expresse particularly the causes of our appellation b Clement ca. appellanti de appel nor could we by law alleage any other causes though neuer so notorious in the prosecution of the appeale then such only as we had before set downe in the same Which plainely sheweth the necessity we had to particulate and prefixe them in the maner we did And to the end they might appeare not to be feigned we quoted the letters annexed the date and cited the words which deliuer the aggreuances Againe it seemeth most strange how this orderly course the Canons c Ca. super â—o secundo de appel licensing euery one to appeale vpon reasonable cause none of
sound but according to the intention of the speaker suspend or take away faculties but when there is a true and a reall neede or necessitie which in this subiect the nature of the punishment and circumstances of place and persons considered can not be but a matter of mortall sinne and such a mortall sinne as is cleare by the euidence of the transgression it selfe and that the delinquent was admonished before of the fault and did not amend For if admonition would morallie or did reforme the partie there can be no necessitie or neede either of repealing or suspending his faculties Now to the examination of the causes The first cause that our Arch-priest alledgeth is for that we defend our cause O Lord would not a man wonder to heare such a cause alleadged if so he knew that we were neuer iuridicallie condemned and lesse by such a superiour Iudge as from whose sentence we neither did nor could appeale Verily the ignorance or exigent must needes be great when that is brought for a cause of robbing Priests of their faculties in such a countrie as ours which the lawe of God Nature and all Nations doth allow namely the vncondemned to maintaine and defend their vnguiltinesse and the reputation of their good names The second cause put downe is our demaund of satisfaction Strange and very strange how the asking of satisfaction that is a recompence n D. Tho. in 4 dist 15. q. 1. art 1. q. 3. according to the equalitie of iustice for iniuries committed can be reputed a cause of taking away faculties from Priests liuing in England and the iniurie for which satisfaction was demaunded not disproued yea in the immediate and direct consequence approued to be a true and grieuous iniurie by the censure of a famous Vniuersitie But what was the satisfaction demaunded and which did alike aggrauate the matter as for it our faculties must be taken away without proofe of the cause or citation Father Lister in a publick Treatise condemned vs of Schisme our Arch-priest approueth the condemnation and in seuerall letters not vnstiflie maintaineth the same our ghostlie children by his and the Iesuites report or defamations rather were put in feare to haue spirituall participation with vs and we desired the retractation of the said treatise as also of the resolution which our Arch-priest sent abroade as receiued from Rome charging vs with the same crime And are not these trow ye capitall demaunds being duties of iniustice by all lawes if so we be cleare of the crimes pretended as now the Pope himselfe on the first of Aprill last after the full hearing of the matter and after all the accusations shifts and descants that father Paâ—sons his friends and the aduocates of our Arch-priest could amplifie hath declared for vs and freed as well from the imputation of rebellion and schisme as from the ignominie of the disobedience obiected for not admitting the subordination before the comming ouer of his Breue in confirmation of the same Who is more blind than he that will not see And holie scripture saith haec cogitauerunt errauerunt excaecauit Sapient 2. autem illos malitia eorum these things they haue thought and they haue erred for the faultinesse of their affection hath blinded their vnderstanding The third cause rendred by our Arch-priest for the taking away of my faculties is for that I wrote diuerse letters vnto him full of contumelies or calumniations partly published against himselfe partly against other Superiours In my requests aboue specified I besought his Reuerence to name the letter vnto me or set downe the words wherein I had misdemeaned my selfe either towards him or any other Superiour What could I do more my selfe not remembring any such thing for comming to the vnderstanding of my fault But as reasonable as this petitioÌ„ was yet his fatherhood not liking or not vouchsauing to answere me directly only willed me to recount what I had written and this was all that either then or euer since I could receiue from him touching the particulars of the foresaid generall charge Let others iudge of the course and how farre the same is from show of all good dealing that any Priest his faculties should be taken from him vpon any generall cause without descending to the particular or further proofe of the generall then by willing him to remember what he had written The Sheriffe of London commeth to Symphronius and taketh away all his goods pretending that he wrote vnto him certaine letters wherein sundrie hye treasons were contained Symphronius robbed in this manner of his goods demaundeth the Sheriffe who made the seisure to tell him what letters of his these were and what were the treasonable words in particular for which he thus oppresseth him The Sheriffe biddeth him remember what he wrote and other aunswere giueth none Who will not admire the vniustice the partie thus rifled being neither condemned nor the treasons particularized nor proofe made of any Againe how would our Countrie exclaime of the crueltie if the Lord chiefe Iustice should put a Counseller from the barre and forbid him his practise alleadging for cause that he had spoken dishonourablie of him but would not recite what speeches they were nor when he spake them nor suffer him to pleade and prooue his innocencie in the accusation Our Arch-priest his vsage is in all points like he tooke away our faculties before the fault was prooued the vse of them being the onely trade we haue to liue by neither will he suffer vs to argue and defend our vnguiltines but beside the prohibition and iniustice defameth vs in generalities and requested to name the particulars he refuseth and biddeth vs to examine our selues a reason that the greatest tyrant in the world may yeeld for the fowlest wrong that can be committed Some of my letters vnto him are set downe before others follow as the contents of them do fall in with the matter treated and the reader may iudge how full they are of contumelies or calumniations that is of o D. Tho. 2. 2. q. 72. art 1. q. 73. art 1. c. open reprochfull words against his or any other Superiours honour and of imposing of p Idem 2. 2. q 68. art 3. c. false and malicious crimes vpon either Certes many of those that haue already seene my letters rather take my manner of writing to the Arch-priest for ouer-ceremonious and submissiue then for contumelious calumniatiue And I verily assure my selfe that the partiallest reader who shall not wilfullie depose all regard of equitie and conscience can not but witnes for me against the accusation if he duly consider of the many iniuries his Reuerence hath done me and the infinite prouocations which his common made letters haue giuen especially that by name which he wrote to Maister Iackson the 18. of March. In which his Reuerence not onely calleth me the sonne of Beliall but applieth besides this sentence of holie Scripture vnto me ab
to be sufficient You proceede to the reckning vp of our pretences for so it phansieth your pen to by-name the reasons following as though all were false colours and no truth at all and thus you repeate them as obiected by vs. 1. It is a thing deuised by the Iesuites I trust you will not make shew to deny this the truth being so cleare as the light of the Sunne when it shineth And if you do a number of conuincing testimonies can be brought against you and you by gainesaying so euident a truth will giue vs good cause to take heede how farre we beleeue you in doubtfull and vnknowne matters 2. The Superior is one of the Iesuites owne choosing This also we auerre for a certaine truth and auow further that not only the Superior but all the assistants are likewise of your choosing as Maister Blackwell himselfe neither could nor did deme nor seemed vnwilling to acknowledge And what greater soueraigntie would you seeke to carrie ouer vs if you might haue your wishes being in the dignitie of priesthood and in the labours for our countrie by many yeares our iuniors 3. Why should the Iesuites appoint vs a Superior more then we a Generall to them If the resemblance be not good I praye shew the difference that disproueth and the reasons why you may elect our Superior and we not yours 4. It is the fine head of Father Parsons that hath inuented this Omit the epitheton I meane so farre as it carrieth the nature of a quipping word and the residue we maintaine belieuing there is no one who will not wilfully blind himselfe but seeth so much For what can be clearer if particulars be compared or what lesse denyable or more manifest then that whereof his owne letters to Maister Doctor Pearse to Maister Doctor Worthington and others beare witnes infalliblie Therefore good sir where you let not to affirme that God hath made Maister Blackwell our Superior you are to proue prouing your assertion that father Parsons act was Gods deede and what the one the other did which will be somewhat hard for you to do in respect of the indirect dealing which father Parsons vsed in sending ouer word vnto vs to desist from further proceeding to the choosing of a Superior as from a matter I wot not of what ill consequence and he himselfe notwithstanding to labour and effect it vnder-hand contrary to the purport of his message and all our knowledges The Cardinall addressed a letter as you know to two reuerend Priests while they were on the way to England and in it made speciall mention of two apostolicall Breues which his Holines had then newly set forth The letter signed with his Graces seale and subscribed with his owne hand rehearsed the contents of both in manner following Sua Sanctitas Breue apostolicū edidit Datum apud Sanctū Marcum sub anulo Piscatoris die decimo octauo huius mensis septembris praesentis anni 1597. quo prohibet omnino ne quis Anglicanae nationis quoad illud Regnum ad religionis Catholicae ac sedis Apostolicae vnionem redierit Doctoratus gradum in theologia vel iure accipiat nisi post cursum quatuor annorum expletum alios adhuc quatuor annos ad ea quae didicit perpolienda impendat neque tunc etiam nisi habeat suberioris Collegij in quo vltimò studuerit licentiam in scriptis cum Protectoris vel vices eius gerentis assensu qui secus fecerit illum poenam excommunicationis ipsi sedi Apostolicae reseruatae ipso facto incurrere neque praeterea gradum quem accepit vllum esse omnino sed prorsus inualidum Edidit praeterea This Breue was neuer seene for ought we euer heard sua Sanctitas aliud Breue exhortatorium ac consolatorium ad Catholicos Anglicanos pijssimum illud quidem ac verè Apostolicum quo eos ad constantiam patientiam longanimitatem coeterasque virtutes hortatur praecipue vero concordiam pacem ac vnionem quae coeterarum omnium virtutum fundamenta sunt atque vincula eosque vitent qui seditiones ac diuisiones seminant Good sir as I may be deceiued so perhaps I am yet vnder correction I must thinke that there may be framed out of these a dilemma or forked argument that maketh euery way greatly for vs. Either the reported Breues were set forth or not set forth If set forth then what should perswade that his Holines wisedome and diligent regard being alike circumspect and prouident in making forth his particular and speciall Briefes for ordering the precedents would in enacting this new authoritie a much more iealous and contentious subiect forget or neglect or refuse to do the like or more Shall we attribute to his sacred fatherhood prudence vigilancie and maturest consideration in small matters take them frō his Holines in great His Holines possesseth the Chaire that hath the promis of diuine assistance He is our holie Father and therefore retaineth care of continuing peace among vs his children as the dignitie requireth so his Holines is full of charitie benignitie and compassion and therefore much vnlike especiallie while the Magistrate is in drawing his sword against vs that his Holines would appoint a meere punishing authoritie that neuer had an example and not so much as signifie to vs the constitution thereof by Bull Briefe or other Papall instrument but as if our case function and trauels were despiseable to leaue vs to the reports of others for notice thereof who as to his Holines knowledge deedes haue proued incline more to fauour that is against vs then to friend or causes And to say as some say or as they say who say most that his Holines wisedome omitted to make forth a Briefe thereof for feare of trouble and prouoking the State is so light and superficiall a reason as it best answereth it selfe in his owne weakenes For what greater trouble could such a Briefe cause which the institution of the new authoritie causeth not more Neither do we demand the transporting of the Briefe though we see no more danger therein then in sending ouer the Cardinals letters yea much lesse because the pot that goeth often to the water is likelier at length to returne broken then that which was vsed but once The fauour and iustice we sue for is only canonicall notice of that which is done For this we call for this we haue long and often called and for this shall we still continue calling being both iust and reasonable and the performāce of no difficultie nor requiring time were the authoritie his Holines ordinance On the other side if no such two Briefes were set forth as I am sure you will not grant then must father Parsons the archdeuiser thereof be much too blame in getting the Cardinals hand subscription and seale to the aforesaid Letter and iust cause administred why we should suspect the like peece of cunning in other letters that haue come from the Cardinall
There is one clause chiefely in his Graces letter of the tenth of Nouember which bearing little shew of indifferencie maketh vs the more to feare the like guile by father Parsons For who euer heard where there was but an outward face of iustice that the Iudge shall commaund one aduersarie to informe him of the life and manners of the other aduersarie and to lay downe his causes and reasons for him in the matter in question betweene them The partialitie appeareth such as deforceth vs to thinke that euer his Grace read the Letter but signed it vpon confidence of father Parsons sinceritie and wisedome A smooth meane to deceiue the best You see good sir how either part of the proposition and one must needes be true maketh in our excuse for not stooping downe our necks to the yoake that father Parsons hath prepared and by all meanes laboureth to inforce If Maister Standish be asked the cause of his iourney to Rome the perswasions vsed to him to that end the helps he receiued the companions he went with his long expectance for father Parsons returne out of Spaine who brought him to the presence of his Holines the particulars of the oration he made of whom he receiued the instructions his Holines speeches in answere thereunto he can informe enough if your owne acquaintance with the plotting and processe of the matter be not light sufficient to teach you who inuented the new authoritie who layd the ground who added the complements I should stay my pen from writing it if it auailed ought to be silent in that which euery man notes It would make more to the praise of father Parsons if being a religious man he were either lesse actiue or busied in matters directlier appertaining to his calling and charge For what hath he to do with the Priests in England How do we depend of him At what back-dore vnknowne doth his authoritie or charge come in Or what may the rich pleasures be that his wit and trauels hath stead vs in and bound vs to him why he should in this high presume of our patience and yeelding to whatsoeuer he liketh to appoint Sundry of his deuises or to returne the same word back againe that he giueth vs disturbances haue so little made vs beholden vnto him that neither we nor our Countrie haue receiued more preiudice from any that seemeth to loue vs. He happie we happier if religion were lesse worldlified in him and state matter and the designing of kingdomes had not so great a part in his studies 5. Father Parsons hath giuen wrong information to the Cardinall and his Holines So farre as the coniectures of all likelihood may auerre a troth this is no vntruth because we can no way conceiue that the Cardinall or his Holines would euer haue decreed such a penall forme of gouernment consisting only in taking away of graces without bringing the least benefit to our countrie or ease to our afflictions if their wisedomes had bin fullie and rightfullie informed of the true state and termes of our aduersities That I say nothing of the designes and petitions which many of the ancients in our realme had assigned and were forthwith determined to exhibit them to his Holines view iudgement and approbation Further if father Parsons had giuen true information to the Cardinall and his Holines it followeth necessarilie that his credit is right litle or nought with either which you would not haue vs to thinke yea and their loues and care also which we shall neuer thinke as litle or lesse towards the huge multitude of our manifold miseries in reason their supreame authoritie and compassion cannot be drawne to graunt vpon his information and solliciting no other fauour then increase of penalties and facultie to reuoke whatsoeuer our late Cardinall of blessed memorie had obtained of the sea Apostolick as well to credit Priests the more as also to manifest his greater affection towards our Countrie yea and as though this had bin too litle seueritie to inflict besides that kind of punishment without annexing the same to any crime or crimes as no age since the beginning of the world as I verily assure my self yeelds in all respect a president All which considerations commaund vs to belieue that the Cardinall especiallie his holines had no part in setting downe the particulars of the authoritie or were not well informed but much more misinformed by father Parsons 6. The Cardinall was alwayes partiall on the Iesuits side I wote not into what hard meaning the word partiall may be drawne therefore we only affirme that his Grace is no way a back-friend to your Societie but euery way most ready to do you all the pleasures and the best furtherances he can 7. Some of necessitie must be sent to informe better I verily belieue the necessitie hereof was many wayes so importantlie great that vnlesse our two brethren had out of their charitie and due considerations aduentured vpon the difficulties of the iourney for learning the truth and his Holines pleasure in all things there had bin much more alteration and questioning among vs about the validitie and bond of the authoritie then now is or hereafter can be hauing by their labours made knowne our case and submissiuelie referred our selues to his Holines arbitement in what soeuer That the Cardinall by the title of his Protectorship should haue the like soueraigntie in England as to inforce a Superior vpon vs manger our vnwillingnes and without our priuitie seemeth so strange a noueltie as the like was neuer heard of in our countrie before nor as I thinke euer had instance in any other country hereticall or catholick Or if his excellencie haue this ample iurisdiction by any other title grace or priuiledge it were very meete we knew it and after some authenticall manner especially sith he delegateth authoritie euen to take all authoritie from vs graunted by whome soeuer or when soeuer yea to remoue vs from the places of our acquaintance and residence and by consequence to turne vs to seeke harbour and sustenance among strangers an extremitie most seueare and most meruellous the rigour of the lawes of our Realme and the tearmes of the best condition that Priests liue in dulie considered which is meane and base enough without this new increase of our greater contempt and agrieuances 8. The messengers must procure that some assistants be chosen who may not be thought partiallie affected to the Iesuits Sir admit this were so albeit I thinke there will be many other motions made before yet what kind of iniustice or vncharitable dealing can you deduce from hence Is there not good cause that at least some of the assistants who haue by the veritie of Maister Blackwels words euery one in his owne quarter as large authoritie to execute all extremities as himselfe against vs should be perfitlie vpright without poize of biase or parcialitie And I praye what reason can you yeeld or any other complice of the new authoritie why
soeuer the same was meant by vs was neuerthelesse alike offensiuely taken by our Arch-priest as his Reuerence did not only most peremptorily reiect them all but returned in his answere that impenitencie of heart and an obstinate will of sinning being the more grieuous phrensie drew vs to the That is called by our Arch-priest a destructiō of peace and order which the Canons of holie Church appointed for the preseruation of peace and order making of the requests and that our petition of hauing the Arch-priest and the assistance to be chosen hereafter by the voyces of the Priests who were to obey was the destruction of peace and the perturbation of order in the Church being in truth the expresse decree of holie a Ca. 1. de electi Canons and the customarie forme of electing Superiors ouer the whole Christian world Againe his Reuerence tearmed our demaund of hauing the treatise of schisme reuersed an vnreasonable request because as he gaue the reason the medicine ought not to be remoued before the sore be thoroughly cured applying besides these words of scripture vnto vs stiffe-necked and of vncircumcised hearts and eares alwayes resisting the holy Ghost with many other alike exciting speeches Not long after the exhibiting of the aforesaid conditions his Holines Breiue arriued and we presently without any stay receiued Maister Blackwell to our Arch-priest and yeelded him our obedience yea such was our affection to vnitie as for desire thereof we were content to pardon all the iniuries and defamations past being many in number and in qualitie most grieuous At this very time our Archpriest wrote likewise a common Letter willing and commaunding all Priests not to vpbraide and impute the fault of schisme any more vnto vs. Which fauour so to call the surceassing of most grieuous wrongs we know not whether it moued sorrow or no in the Iesuites who perhaps had conceiued some feare least the concord begun might diminish the authoritie and sway they carryed with the Archpriest being linked now to his body and brethren but most certaine it is that not many weekes after the making of this generall attonement father Iones a Priest of the Societie gaue forth and defended the assertion that whosoeuer should stiffely maintaine that our refusall to the subordination appointed before the arriuall of his Holines Breue did not make vs schismatickes incurred by such his patronage of our case the censures of holy Church Which vnreasonable position our Archpriest my selfe acquainting him therewith affirmed to be true as there hath bin nothing hitherto written or spoken by the Fathers against vs which his Reuerence how vnprobable and iniurious soeuer the same was hath not soothed and to his power sought to iustifie Neither did his Reuerence after the aforesaid prohibition only allow and defend this strange saying of father Iones but also he himselfe diuulged a resolution both declaring that we were schismaticks by our refusall and directing all Priests not to apply the benefite of absolution vnto vs vnlesse we did acknowledge the offence and make satisfaction for it Which reuiuall of matters rising so directly and in points of like importance both from the Societie and from our Archpriest and for that also some of our fellowes were thorough the diuulging of the foresaid resolution denyed absolution in the sacrament of penance and not suffered to celebrate in some places where they came and where before they had bin well accoumpted of we not seeing a fitter meane either of easing our distresses or of relieuing our good names framed the Petition following to our Arch-priest Verie Reuend Father WE humblie beseech you that the extreame necessitie of the hard tearmes our good names are brought into may both excuse the boldnes if bounden indeuour to put off so great a hurt may be called boldnes and encline your consideration to take in good part the proposing of our request Your Reuerence and others do still affirme and seeme to auow the opinion more and more that we incurred the crime and penalties of schisme in not absolutely admitting your Authoritie before the ariuall of his Holines Breue our first certaine notice of his priuitie thereunto Would God therefore it might please you deere sir for perfit tryall of the truth the thorow ending of the controuersie to licence that we may conferre reason or dispute the case with the conditions vnder specified Good manners and more the duties of obedience forbid vs to name or request you to be one of the disputants being our Superior but if your owne desires shall carrie you to the yeelding of your most help for better declaration and strengthening of the issue we shall hartilie greete the fauour and rest fuller satisfied in respect we wish the vttermost that can be said and vrged against vs. For certes if we see our selues we do neither affect to be misled by errour or dwell in ignorance or presupposing that we are deceiued seeke for ought more then to haue the noted crime fortified with the proofes that may most reproue and conuict our guiltines Among all the meanes our poore wits could thinke of this appeared of most force and the readiest as well to let the mistaken see their faile as also to mediate a generall attonement in regard the rules of conscience bind to acknowledge a truth when it is euidentlie shewed and the agnizing induceth to satisfaction and satisfaction hath right and authoritie as well to cancell iniuries past as also to inuite loue for the time to come Two soueraigne effects and being the natiue begetters and nourcers of peace cannot but bring great ioy and edification to many If therefore your better iudgement shall like to ratifie this course and vouchsafe to giue vs notice the aduertisement will much glad vs and shall indebt vs for dutifull thanks to your Reuerence for the kindnes Neither without good cause for if the difference be not after this way decided alas we see no remedie but of constraint our good names bleeding alike pittifullie as they do and the wound so oft and hardlie rubbed on as it is we must either wittinglie suffer perpetuall infamie to come vpon vs or take our pennes in hand cleere our selues as we may A processe that feareth because great likelihood our apologie shall receiue an answere the answere require a reply the reply occasion a reioynder and so the difference become a circle that is to say without end vnlesse How neere is this prediction true it be that lamentable end which the Apostle specifying sayd quod si inuicem mordetis comeditis videte ne ab inuicem consumamini if ye bite and deuoure one another take heed least ye be not consumed one of another To flye this gulfe and eschue so idle wast of so much time that we say nothing of the scandall we most submissiuely intreate your good Reuerence to graunt for your selfe and solicite the Fathers that we may in this sort the shortest as we deeme and the
let our prompt and reall yeelding of our obedieÌ„ce vnto Maister Blackwell so soone as his Holines Breue arriued let other our seuerall actions and conclamations beare witnes decide and denounce to the whole world whether we refused to receiue him because the Pope appointed him Arch-priest or for the reasons alleaged in the discourse before Verily the paradox of our schisme seemeth so ridiculous and childish and without all shew of learning iudgement and sense as we cannot thinke but that the opinion especially the long maintenance thereof was in the authors poena peccati the effect and punishment of sinne past And because there can be no demonstration or argument made so cleare but that he who is disposed to wrangle may easily deuise somewhat to reply vpon we thinke it most conuenient for the thorow satisfaction of all parties to set downe here a copy of the Letter which our brethren wrote vnto vs of late aduertising what his Holines had declared in the controuersie Admodum reuerendis in Christo patribus fratribus nostris Ioanni Collingtono Antonio Heburno caeteris consocijs ADmodum reuerendi in Christo patres fratresque exhibuimus Illustrissimis Card. Burgesio Arigone quos sanctissimus arbitros constituit in causa nostra viros tam pietate virtute insignes quam legum scientia rerum experientia animi candore omnibus gratos rationes quibus ducti distulimus Archipraesbytero ante aduentum Breuis Apostolici obedire Quibus cum sanctissimo communicatis 11. Aprilis placuit Illustrissimis Cardinalibus Sanctiâ—atis suae mentem eodem die nobis significare nimirum quod propter dictam dilationem nec schismatici nec rebelles aut inobedieÌ„tes extiterimus quod confessiones factae sacerdotibus qui ob huiusmodi rationes distulerunt essent validae nullo modo reiterandae nisi aliud forsan interueniret impedimentum quam quod à tali dilatione haberet originem Haec vobis significanda duximus partim vt multorum conscientijs satisfiat partim etiam vt ad omnem vos modestiam charitatem humilitatem excitemus tam literis quam exemplo Quod reliquum est habemus clementissimum patrem aequissimos arbitros neque est quod dubitetis de pristina pace tranquillitate breuissime recuperanda Valete in Domino Rome 15. Aprilis R. D. V. fratres serui in Christo humillimi Iohannes Cecilius Thom. Bluet Iohannes Mush Anthonius Champneus To the Reuerend Fathers in Christ and our brothers Iohn Colington Anthony Heburne and the rest of their associates VEry reuerend Fathers and brothers in Christ we haue exhibited to the right noble Cardinals Burgesius and Aragone whom his Holines hath appointed for arbitrators in our cause men renowmed for their knowledge in the lawes and experience in all occurrences and gratefull vnto all men for their sinceritie the reasons whereby we were induced to deferre our obedience to the Arch-priest before the receipt and comming of the Apostolicall Breue Which being signified vnto his Holines vpon the 11. of April it pleased the right worthy Cardinals to signifie vnto vs his Highnes mind the same day namely that in regard of that our foresayd delay we were neither schismatiques nor rebels or disobedient and that those confessions which were made vnto such priests who for these reasons deferred their obedience were in full force and ought in no sort to be reiterated except perhaps some other cause or let did happen then that which tooke his originall from the former dilation These things we haue therefore thought good to signifie vnto you partly that many consciences might be thereby satisfied partly also that we might excite you vnto all modestie charitie and humilitie as well in writing as in example The conclusion is we haue a most pious and mercifull Father and a most iust Iudge neither haue we any cause to suspect but that very shortly we shall recouer our auncient peace and tranquilitie Rome the 15. of April 1602. Your Reuerences brethren and humble seruants in Christ Iohn Cecil Thomas Bluet Iohn Mush Anthony Champney Harum literarum exemplar cum vtroque Card. reliquimus qui communicato cuÌ„ sua Sanctitate negotio responsum tulerunt Sanctitatem suam velle iubere vt haec ad vos scriberemus A copie of these Letters was left by vs with both the Cardinals who communicating the contents thereof to his Holines receiued answere that his Holines willed and commaunded to write these vnto you We hope none will thinke that either our brethren in Rome whose names are subscribed or our selues would deuise or faine such a letter and the same being taken to be a true letter we haue a great hope that our aduersaries will now change their opinion and from henceforth call vs no more the contentious Priests because a D. Tho. 22. q. 38. art 1. Caieta ibidem contention importeth an alteration against the truth And therefore our standing in the maintenance of truth and our good names against them cannot be called contention in vs being a thing b D. Tho. Caieta vbi supra Valentia T. 3. disp 3. q. â—4 punct 2. laudable and c 12. q. 1. Nolo D. Tho. quodl 10. q. 6. art 13. Nauar t. 1. in cap. inter verba 11. q. 3. concl 2. nu 15 obliging but in them only who so iniuriously oppugned both truth ecclesiasticall order and our good names Likewise the aduerse part obiecteth scandall vnto vs but with lesse colour of pretence then it imputeth contention For he that can be sayd to scandalize must haue as d 22. q. 34. art 1. ad 4. art 3. Caieta Banues ib. deÌ„ Valentia To. 3. dispu 3. q. 18. punct 1. Saint Thomas and all his expositors do vniformely teach either a formall and expresse intention to draw others into sinne or do an act which of his proper nature entiseth to sinne or thirdly which is called scandall by accident do an act whereat others take scandall albeit neither the nature of the act nor the intention of the doer gaue any such cause Touching the first member of the diuision we are sure our aduersaries will not say that we had in our deferring a formall intention to scandalize and touching the second member it appeareth that our sayd deferring was not of his owne nature induciue to sinne because the same was no other then what the Canons commaund or allow as the former reasons haue shewed and as his Holines by his late declaration hath made more manifest It resteth therefore that if our sayd deferring occasioned scandall that is the spirituall ruine of others it was meerely through the ignorance or infirmitie or the malice of such as tooke scandall thereat And before this actiue scandall by accident can be imputed a sinne to the giuer it is of necessitie as all Diuines agree and common reason telleth for auoyding many grosse absurdities which otherwise would follow that he e Valentia vbi supra
omnibus singulis siue Laicis siue Clericis secularibus aut cuiusuis ordinis ac instituti regularibus nominatiÌ„ ipsis Presbiteris appellaÌ„tibus Religiosis societatis Iesu aliisque quibuscunque eiusdeÌ„ Regni Angliae siue in eodeÌ„ Regno siue extra illud existeÌ„tibus sub amissionis omniuÌ„ facultatum à sede Apostolica vel aliis superioribus quouismodo ip sis vt praefertur coÌ„cessaruÌ„ nec noÌ„ excoÌ„municationis ipso facto absque alia declaratione incurreÌ„dis paenis interdicimê° prohibemus ne libros vllos pro alterutra parte in posterum edant nisi prius obtenta Protectoris similiter nunc pro tempore existentis approbatione licentia Quicunque verò aliquod genus librorum literarum tractatuum in quibus alicuius viri Catholici fama violari poterit inposterum aut aliquando fuerit violata aut ex quibus excitari possint veteres vel nouae contentiones vel quaecunque alia scripta contumeliosa ex quibus odium dissidiumue inter partes quouis modo renouari posset communicauerint seu penes se retinuerint vel euulgauerint aut aliquid de hac controuersia publicè vel priuatim scripserint defendendo vel impugnando vnam vel alteram partem aut personas aliquas vel demum qui cum Haereticis in praeiudicium Catholicorum quouis praetextu vel causa participauerint aut communicauerint eos in supradictis omnibus singulis casibus eisdem amissionis facultatum suarum nec non excommunicationis ipso facto vt praefertur incurrendis poenis volumus subiacere Et licet nos exijs quae ab vtraque parte audiuimus longè plura scribere ad te poteramus tamen cum te mentem nostraÌ„ ex his quae diximus intelligere posse arbitremur paucis contenti fuimus ac solummodo te ac omnes tam religiosos quam Presbiteros seculares quoscunque etiaÌ„ eos qui ad nos appellarunt hortamur in Domino vt communi priuataeque inter vos paci ac concordiae studeatis ac idipsum inuicem sentiatis non alta sapientes sed humilibus conlentientes NaÌ„ si Euangelicam praedicationeÌ„ in charitate Christi suscepistis cur euangelicaÌ„ pacem in eadem charitate non sectamini Charitas omnia suffert non iritatur non aemulatur charitas docet nos inimicos diligere quaÌ„to magis amicos socios fideiac laboruÌ„ Itaque vos per viscera misericordiae Christi obsecramus vt diligatis inuicâ— nemini detis vllam offensioneÌ„ nulli maluÌ„ pro malo reddatis vt noÌ„ vituperetur ministeriuÌ„ vestrum sed benefaciatis omnibus prouidentes bona non solum coram Deo sed etiaÌ„ Coram hominibus quod ex vobis est cuÌ„ omnibus paceÌ„ habentes vt fructum queÌ„ laboribus vestris in summis periculis tribulationibus quaeritis nos cuÌ„ vniuersa Ecclesia toto animo expectamus tandeÌ„ adiuuaÌ„te Domino qui est vera pax Charitas cum animi vestri exultatione referatis Datum Romae apud sanctum Marcum sub annulo piscatoris die quinta Octobris MD CII Pontificatus Nostri Anno Vndecimo M. VESTRIVS BARBIANVS To the Reuerend Priests and Catholicke Layty of our Country MAny can witnes deerely beloued in our Sauiour how willing I was to surcease and did in deede breake off when I had composed the one halfe of the treatise ensuing holding then the proceeding therein a labour and charge needlesse because foure of our brethren were going to Rome for his Holines decision and end in the controuersie But in this suspence of minde and intermission of the worke our Arch-priest on the 26. of Ianuary last promulgated the Popes Breue of the 17. of August next before after he had kept the same three months or longer in his hands as it is sayd In which Breue both we were demaunded what cause we had why we did not obey the Cardinall Protectors letters erecting the subordination iudgement therein giuen That doubtlesse we ought to haue obeyed and admitted the authoritye Which demaund and iudgement beside many other places in the Breue were euident arguments vnto vs that the same was graunted vpon wrong information and a Ca. si 15. de fil praesb li. 6. ca. si motu proprio de praebend li. 6. consequently of no sufficient force to bind For had his Holines or the Cardinall Praefect of the Breues bin truly informed of the case neither his Holines nor the Cardinall would without peraduenture euer haue made such a demaund or giuen like sentence against vs. And as litle would either of their sacred persons haue omitted to comprehend the Iesuites vnder the censure of the Breue or letted to reproue their fault had they knowne that the Iesuites were the prime authors the only stiffe maintainers and reuiuers of the crime against vs. Moreouer at the very time of the promulgation of the Breue there came forth first the Apollogie and then the Appendixe with licence of our Archpriest as written by the vnited Priestes in due subordination vnto him books that most sharply inueigh against vs for not receiuing the authoritie at first vpon sight of the Constitutiue letter For which causes and for that sundrie persons of good place haue of late affirmed that Fa. Lister could and would defend his position of our schisme against any scholler in the world and also because certain fauorites of the Iesuites hold opinion that the Breue doth not cleere vs from schisme but leaueth it doubtfull and vndecided and finally for that some of their most deuoted are so ful spirited as they sticke not to report that the cause why the Pope declared in the maner he hath done for vs was not for that our cause was iust but vpon a prudent consideration of not giuing discontentment to the king of Fraunce and our State I say for these causes and some other like to giue satisfaction to all parts who vpon anie of the former grounds or colours haue conceiued amisse of it I thought it my bounden dutie especially my brethren most earnestly importuning me to resume and finish the poore labours which I had begun and layd aside When the Cardinal Protectors letters were shewed vnto vs for institution of the authoritie we tooke our selues vnbound before God and man to subiect our selues thereunto his Grace not sending with the Letter Constitutiue any rescript of his Holinesse or other Canonicall testimonie for proofe of such his iurisdiction in our countrey and we rested the more confident and secure in this opinion both in respect it appeared most manifest vnto vs that the authoritie was procured by false suggestion and by a man much disliked of our Prince and state and who sought to rule command our Clergie and also for that it was propounded vnto vs by M. Blackwell with apparant falsities and with orders directly tending to tyrannie namely that we should not discusse the Protectors authoritie nor the
ordaining for the triall and exercise of the good that where greater exploits are done to the glory of God there also are the more vehement attempts of Sathan and the common enemy to withstand or hinder the same Neither certes for these latter years space haue we seene a more famous example then in the English cause which as it hath receiued of our Lord very singular grace of piety fortitude patience and constancy and most renowmed glory both of Confessours and of Martyrs also so in like maner is it knowne to haue endured most sharpe assaults from heretickes in such sort as that hath place in it which the holy Ghost vttered of the elected soule God hath giuen her a strong conflict that she might ouercome And Christ our Lord of the vessell of election I will shew him how much he must suffer for my name Yea Sathan hath not God pardon the informer feared to assaile Catholickes themselues and some Seminary Priests who hitherto haue shewed themselues leaders and chieftaines of the rest to all praise of noble vertue that he might make them to bicker one with another and breake downe the wall of vnion whereon all the hope of Christian piety resteth Against which attempt of the enemy Great peace when two cannot speake together without a third nor the students of one chamber recreate with their fâ—llowes of another chamber beginning also of late to manifest it selfe at Rome whereas the high wisedome and fatherly loue of his Holinesse hath through the grace of God applied these dayes past wholesome remedy and desireth that after the example of this Romane Colledge which enioyeth great peace and quietnesse the same concord of minds without which nothing of good successe can be expected should be soâ—ghâ— for and conserued in other parts also hath by speciall comma 〈…〉 ent giuen charge vnto vs that we should employ our selues for the procuring of this thing with all the diligence we can which very willingly we take vpon vs to do because we are not ignorant that hereupon the moment of the whole cause dependeth Forasmuch therefore as some men thinke it would not a little auaile to this very thing if a subordination were constituted among the English Priests and the reasons yeelded by the Priests themselues for VVe know not to this day who vvere thâ—se Priests or what were the reasoÌ„s they yeelded the same matter were approued by our holy Father we following the most godly and most prudent will of his Holinesse haue decreed to ordaine the same and for directing and gouerning these Priestes of the English Nation that now conuerse in the kingdomes of England or Scotland or shall hereafter reside there while this our ordination shall continue we chuse you to whom for the time we commit our steed and office induced vpon relation and the publike fame of your vertue learning wisedome and labours taken for many yeares in the trimming of this vineyard And the faculties which to this purpose we grant vnto you are these First that you haue the title and authoritie of an Arch-priest ouer all the seminarie secular Priestes as is now said vntill his Holinesse or we by is commaundement shall institute another kind of gouernement then that you may direct admonish reprehend or also chastise those Priestes when neede shall require and this either by restraining of faculties graunted vnto them by whom or whensoeuer or by reuoking their faculties if necessitie shall constraine it Besides to dispose of the same Priestes and to remoue and change them from one residence to another when Gods greater glorie and gaine of soules doth require the same Also to heare their doubts and controuersies arising and for the right of things to determine them according to reason and equitie Likewise to remoue or represse schismes diuisions and contentions and for these causes to call and conuent any Priest before you yea to summon many to repaire together in one place when it shall be necessarie and shall seeme in our Lord that it may be done without probable daunger and to be chiefe ouer the assembled and to propose vnto them either the things you shall iudge necessarie to be obserued by them the assistants being heard of which we wil speak anon or the things you shall think needfull to be written hither or to doctor Barret President of the Colledge of Doway to whom by commandement of his Holines we haue giuen speciall authoritie to assist you And if any one in these matters shall shew himselfe which truly putting trust in the vertue of all we do not feare that it will fall out disobedient vnquiet or stubborn it is lawful after due admonitions reprehensions first vsed in brotherly charity to correct this party by Ecclesiastical penalties that is to say either by taking away of faculties or suspension vntill he shall amend himselfe or if by this meane amendment follow not then let notice be sent either to Doctor Barret or to vs that he who is of such obstinacie either be called from thence or there humbled with more grieuous censures And to the end you may the easier and with the more contentation execute this charge of care commended vnto you we assigne likewise six consultors or coadiutors who by participation of the burthen may somewhat lessen you labour namely Iohn Bauen and Henry Henshaw Doctors of Diuinitie Nicholas Tirwit Henry Shaw George Birket and Iames Standish who was lately with vs in Rome which by the relation of many we vnderstand to be of the more auncient and best deserts We also giue you authoritie to choose sixe other beside these the same respects being had of auncientnesse grauitie A good direction hovvsoeuer follovved and their trauailes but chiefly of their prudence moderation and their loue of vnion and concord not a little also of their authoritie and estimation which they haue in the prouinces where they supply your steede and ours All which twelue nominated as well by you as by vs shall be subordinate vnto you that the meanes of vnion may the better be conserued to the maintenance and preseruation whereof all things are directed And when you haue chosen those whom you shall deeme in our Lord to be most fit for the office you shall aduertise vs of their names and qualities and let themselues also so farre as it may be done without daunger signifie by their letters how they stand affected to performe this which for the conseruation of vnity is earnestly desired of them Afterward we enioyne both them and you to write euery sixth moneth if it may be common or priuate letters vnto vs of the state of matters with you that of these we may relate to his Holinesse such as are meete to be knowne or the things that shall be deemed profitable to your cause to the end they may be knowne to his Holinesse And if any of these twelue which we haue appointed to giue counsell vnto you for better managing of the affaire
Right excellent also to this purpose are the wordes of y Serm. 1. de dedicat Eccle. Damianus Decretales paginae sanctorum patrum instituta decernunt non esse differendam post Baptismum sacramenti huius virtutem ne nos inermes inueniat fraudulentus ille contortor à quo nemo vnquà m nocendi inducias extorsit Delibuti igitur vtriâ—squè roris vnguento illo sanati confortati esto securiùs descendamus ad singulare certamen The decretall pages the institutes of holy fathers haue decreed that after Baptisme the vertue of this Sacrament is not to be deferred least that guilefull racker of our soules Sathan find vs vnarmed from whom no man euer hath wrested the league of truce that he should not hurt him Being therefore annointed with the sweet oyle of both deawes Baptisme and Confirmation in that healed in this strengthned we may the more securely cope or descend to handy gripes with our ghostly enemie To conclude z Hist Eccle. lib. 6. ca. 35. ex Epi. Cornelij Pont. ad FabiuÌ„ Eusebius attributeth such exceeding force and working efficacie to this Sacrament as he doubted not to say that Nouatus who after became an Ach-heretike could not merit the grace and assistance of the holy Ghost in reason of his wretchlesnesse and lacke of deuotion in that being baptized in a daungerous fit of sickenesse he was not likewise at that time signed and fortified with the sacrament of confirmation § And thus much of the importance of our intentioÌ„ first truth which as we verily thought was kept secret from the vnderstanding of his Holinesse wishing euery one maturely to consider of that litle which is said and what Diuines do further adde in this point for exciting all Christians not onely most heartily to affect but most studiously also to get timely ministred to themselues Another truth secreted was the great contention and scandalous The second truth secreted debate raigning betweene the Iesuits and some of the secular Priests by reason of an affected superioritie which the Iesuits after the decease of good Cardinall Allen laboured to place in father Weston ouer his fâ—llow prisoners in Wisbish by much his elders as in yeares so in sufferance also for the Catholicke cause And it was not thought that this maner of seeking to beare rule would take vp so or consine it self in that castle The humour was deemed to be more actiue and that it would soone enlarge in selfe to the Priests abroad Neither was this opinion conceiued without cause in respect of the question that master Warpoole now a knowne Iesuit and Father Minister at Valodelide proposed to a student in Rome demaunding of him what he would say when no Priest should find harbour or welcome any where in England vnlesse he came recommended by some of the Iesuits And after the secret Iesuit for so he was at the time when he vsed thâ—se speeches had continued a long discourse in shewing the ample and manifold conueniences that would ensue vpoÌ„ so good an order he would needs without deniall haue the student at the end of his tale to declare also his conceit in the matter and when by earnest importunitie he had wonne him therunto and the student had shewed plainly his auersion from liking any such practise or soueraigntie ouer the Priestes the Iesuit incontinent bewraied no litle discontentment Againe that which yet brought more euidence to the matter was a Treatise which a speciall fauourite of the Iesuites compyled and which was giuen abroade to others to reade wherein it was discoursed that none were sit to haue the guiding of soules nay speciall heede to be taken that none such be chosen to be guides who were not addicted to Religion or had not that way relation or dependance Which iniurious and disgracefull assertion being excepted against by one or moe of the auncientest Priests in our Realme was notwithstanding so little reuersed or disliked as more stiffely then before maintained both by the Author of the Treatise and by the chiefe of the society with some other of the same company Now then these and moe like particulars which if neede require will be easily produced yeelding sufficient coniecture if not remonstrance of the heartie desire the Iesuits had to haue the secular Priests vnder their direction we thought meete the sooner also for auoiding the bad and ignominious reports which were spread abroade euery where of vs for not stouping to the foresaid subiection as that we were forsooth men who would not liue vnder discipline or could away with obedience being as it were giuen ouer to follow the sway of our owne fancies and vnwilling to haue either other rule or Superior to direct vs then our owne wil or what the loue of liberty should prescribe we say to auoide this fowlest obloquy and to the end the occasion of variance betweene them and vs might be taken away in the roote we desired the ordinarie gouernement by Bishops Which intention and petition of ours if it had bene made knowne to his Holines together with the ground mouing vs therunto and the causes of the dissention as they were not hid from the procurers of the authority we most certainly assured our selues that either his Holines would not haue appointed this kind of gouernment to which the Iesuits are no way subordinate or not haue placed it in such a like fauourite of theirs as themselues only had purposely culled out to serue their turns § Or could we win our thoughts that his Holines knowing how all things stood with vs would neuerthelesse haue erected this kind of superiority and haue appointed Master Blackwell for the Superior yet the whole world cannot make vs to beleeue or once to doubt that his Holines pious prudeÌ„t disposition his high commended vigilancie zeale of iustice would if his blessed Fatherhood had bene truly and fully informed of our case haue euer annexed such a tie and instruction to the authoritie as that our Arch-priest should consult and take aduice in all matters of moment with the Prouinciall of the Iesuites whereas father Garnet who then had and now hath the roome was And let our aduersaries answer this the chiefe of the one side in the difference so that herby he is become borh partie and counsellour plaintiffe and iudge assistant defendant and in Commission for arbitrating his owne case and the causes of his fellow brethren of the same societie vnder his guiding An exorbitant most contrarie to the lawes of all Nations and opposite to the nature of iustice euen by the light of nature But to leaue to stay longer about the truths which we tooke to be The first falsitie expressed concealed as a matter wherein ignorance or forgetfulnesse may plead the informers excuse and to come to the falsities wherein not ignorance or forgetfulnesse can haue place as in the former but mis-affection or fraud or a worse godfather must name the child § The
that the Constitutiue Letter maketh mention how his Grace in ordaining the new authoritie followed therein the will of his Holinesse we may answere that imagining as we did and vpon most pregnant grounds that father Parsons was the inditer of the letter we had little reason knowing him as we do to credit euery word therin especially the matter being so greatly preiudiciall to our selues Church and Realme and so fit a rise or step besides to his further designes Another reason also and which more induced vs not to beleeue euery word in the Cardinals Letter was the report it made of the fatherly charitie which the Iesuits exhibited towards all Priestes in our countrey and that they molested no one An affirmance so farre from truth as to doubt whether it be true or no were to doubt whether yee be cold or fire hote or whether there be a Sunne in the element For who can deny vnlesse he be resolued to deny any thing how apparant or demonstrable soeuer but that all the Cleargy and sociall dissention in our Realme proceeded from some of the fathers of the Society The dissention at Wishich from fa. Weston assuming superioritie the dissention now on foot from fa. Lister the author from fa. Garnet the approuer from fa. Iones the increaser from fa. Holtby the maintainer and from some other of the Society the abettours of our most grieuous wrongs and infamie Thus no doubt we might answer and neither idlely nor vntruly yet we will not thus answer but referre our selues to the sixth Proposition which yeeldeth another kind of reioynder and bringeth more light and helpe to our cause and innocencie For the said Proposition teacheth that the formall obiect of obedience is the knowne precept of a Superiour not the sole will vnlesse it be an imperatiue or commanding will and so notified as the subiect vnderstand it to be a commaund So that admitting we had bene bound to heleeue euery word in the Cardinals Letter as how little we were bound it will appeare anon and more in the next reason yet the Cardinall vsing but these words Nos S t is suae pijssimam prouidentissimamque voluntatem sequentes hoc ipsum statuere decreuimus We following the most godly and the most prouident will of his Holines haue decreed to appoint a subordination among the English secular Priests we could not see how this related will of his Holines did put on the nature of a precept especially after so expresse and certain a maner as that we were bound all causes how iust soeuer set aside to obey forthwith the new authoritie not respite our absolute submission therunto no not so long as til we could seÌ„d to his Holines for more direct assured knowledge in the matter Beside the reasons were neither few nor vulgar but many and very materiall which droue vs to thinke that if his Holinesse had possessed such a determination as at vnawares without any one of our assents or priuitie to appoint vs a superiour and with so large soueraigntie ouer vs yet that he would neuer haue vsed so little fauour towards vs who liue in the midst of so many miseries and dayly spend our liues for the truth and primacie of that Chaire as to enact the authoritie in so powerable a manner that euen at the first appearing thereof and by the bare Letter of one Cardinall only it should be the crime either of notorious disobedience or schisme an impossibilitie euen not to prostrate our selues and surrender our full and absolute obedience thereunto without either making question how it câ—me or so much as to send to his Holinesse for vnderstanding whether it was his ordinance or no. First the milde and sweete disposition of his Holinesse nature forbad vs so to thinke then the quality of our pressures the ancient Canons Distinct 63. Ca. Si â—n plebibus of the holy Church allowing Priests the election of their Archpriest the deserts of our poore estate seruing God in the degree of Priesthood without either enioying or expectance of Church liuing yea and which did most of all deforce vs from entertaining so hard a thought of his Holinesse loue and pastorall regard towards vs his afflictiue labourers was the most respectiue and honourable speeches which himselfe vsed to some of our brethren namely that he would not appoint any order of gouernemeÌ„t in our country before the good A ground of surreption Priests in England so gracious were his Holinesse words should aduertise him what kind of gouernement were fittest best sorted with the miseries of our Church That his Holinesse vsed these speeches there be two Priests or moe in England that will depose it and father Parsons himselfe hauing more then once reported so much cannot without doing wrong to his religious profession denie or vnsay the same So that the question rested whether of these two we should sooner and were more bound ☜ to beleeue the Popes owne word or the Cardinals Letter Either the Popes word related vnto vs by seuerall of our brethren of good report and the immediate hearers thereof or the Cardinals Letter penned as we no whit doubted by our boldest aduersarie containing apparant vntruthes as before is shewed and will hereafter more appeare And now the matter of our choise to whom we should giue more credite being of this quality whether sooner to beleeue the Popes owne word or the Cardinals Letter was it possible that father Lister or any other of lesse holy profession and of meaner parts could embolden their pens and tongues to by-name vs so prodigally as he and some of his complicers haue done Or could it be thought credible that our superiour who by his place and order of charity is the more inuited to loue vs and bound by iustice wherein he may to defend vs would intreate his children our trespasse no greater in so vnkind and hard a manner as he hath done and continueth Let others who can aunswere We will returne and proceede in our proues Senior Acrisio of the Popes Fiscals and who had commission to examine maister Bishop and maister Charnocke in their imprisonment at Rome hath giuen very good testimony with like circumstances as not lightly any euidence may deserue more beliefe For this officer hauing by himselfe and father Parsons taken the examination of the two prisoners and demanded of like as many questions of them as were thought necessary he told them that now he was to make relation of all things to his Holinesse and therefore counselled them to commend the cause to God by prayer adding that it were not amisse also if they would enioyne to themselues three dayes fast that weeke for better prospering of the affaire A spirituall taske which the prisoners gladly vndertooke and performed in the time prescribed The next weeke Senior Acrisio came to the prisoners and among other matters very confidently affirmed to them both apart that the new superiority was not instituted by his
onely instrument and meane of doing good to others and for himselfe to liue by For although in Censures of holy Church regularly he that hath authoritie to bind hath also authoritie to loose and contrary wise he that hath authoritie to loose hath authoritie to bind yet it followed not at least in our vnderstanding the taking away of faculties being no censure that because the Archpriest had authoritie giuen him to take away faculties graunted by whom or whensoeuer therefore he could giue or restore them againe after he had once taken them away in regard his authority being delegatine and after a prescript forme it could not at least as we thought be extended beyond the cases expressed And therefore no expresse signification being made of any such authority in the Constitutiue Letter that he might restore againe all such faculties as he had for any cause taken away we thought the subordination to be much more rigorous or defectiue in this point then that it could be the ordinance or commandemement of his Holinesse A second instance It appeared incredible that his Holinesse bearing so great commendation for mercifulnesse and lenitie as he doth would neuerthelesse enact a new kind of punishment for the Priests of our countrey onely â—ighting in more bloud for maintaining the soueraignty of that Chaire then any other Cleargy at this day in the world We presume to say a new kind of punishment for the Priests of our countrey only because the auncient and vsuall manner of punishing Priests in other countries that shew themselues disobedient vnquiet or stubborne against their Ecclesiasticall superiours is by imposition of censures that is by debarring them the vse of their Priestly functions not by taking their faculties quite from them But in the new subordination authoritie is giuen not onely to suspend or debarre vs from the vse of our faculties but as if that tye and punishment were too slight or brought not misery inough vpon vs we must haue all our faculties taken quite and cleane from vs giuen by whom and whensoeuer A kind of iurisdiction seldome heard of and neuer vsed vpoÌ„ any Pastors such as al the Priests in our country are after a sort reputed to be so named in the 9. Instruction Nor was the iurisdiction euer practised in England while good Cardinal Allen liued but an extremity taken vp only since Fa. Par. began to sit at sterne therby become more bold to vnmaske his violent nature Yea as M. Blackwell now demeaneth the matter and sayth he hath good warrant for it not only al our faculties must be taken wholy away from vs vpon due conuiction of a fault but the like prosecution must be made vpon vs without triall without proofe without summons meerely at the arbitrary disposition of himselfe that is as the euent hath hitherto shewed when so often as he shall imagine or be pleased to pretend a cause A third instance We could not beleeue the action being without an example in Gods Church that his Holinesse determining to make a superiour ouer our whole secular Cleargy would institute no greater a prelate theÌ„ an Archpriest to take the charge especially if his Holinesse then meant so much as in his later Breue is sitheÌ„ce appointed that he should also be a superiour ouer the laity as well honorable as worshipfull And not onely to gouerne all the secular Priests residing within the realme but to gouerne direct and command vs if so we do or shall reside in the kingdome of Scotland A scope which conuinced our vnderstanding that the subordination was not the appointment or decree of his Holinesse but some fine descant or politicke deuice plotted by father Parsons for seruing some turne appertaining to state matters We wish it were not so but it is too plaine for if consideration of matters of this quality were laid aside what reason can be giuen that an Archpriest residing in England should direct and gouerne his Countrey-priests in Scotland where also no English Priests at the time of instituting the authority or since is knowne to reside But father Parsons harbouring some watchfull bugs in his brest and forecasting matters a farre off thought it good wisedome to preuent the contingent which his owne feare or surmizes suggested and to forelay what might fall in time verifying therein the words of our Sauiour The children of this world are Luke 16. wiser then the children of light in their generation A fourth instance On the one side it appeared straunge that his Holinesse hauing set so long in the Chaire as he hath and receiuing aduertisements of the miseries of our Church could be so little weeting to the state of Priestes and lay Catholikes in our countrey as to thinke Priests might be remoued from one residence to another by authority and not great and open daunger to ensue And on the other side if so his Holinesse were ignorant of the lawes of our country or did not vnderstand the miseries and dangers we liue in what sinne could our prolonging be of not subiecting our selues to the new authority till we had informed his Holinesse therein and shewed how inconuenient nay how dangerous or truer how impossible it was for any such iurisdiction to be practised in our countrey vnlesse we did wilfully lay open not onely our selues but our Catholike friends to the hazards of a thousand ieopardies Let that point of the subordination the termes of our realme and the nature of requisite circumstances be considered together and the demonstration is made of as much as is auerred We will here let passe in silence that one of the Assistants the Iesuits chiefe solicitor in forwarding this new authority at Rome was the man who first suggested that clause of remouing Priests from their places of residence to be inserted in the iurisdiction of the Archpriest alleadging such a cause for his good deede as howsoeuer his discretion serued to tell it yet our conscience and feare of preiudice to manie especially if the faculty should happen to be practised as hath bene already threatned will not giue vs leaue to recite it Alexander the third writing to the Archbishop of Râ—uenna and pointing out the respect and duty we should beare to the Sea Apostolike vseth these words Aut mandatum nostrum adimpleas aut quare Ca. Si quando de rescript adimplere non possis rationabilem causam praetendas Either regardfully fulfill our commaundement or alleadge a reasonable cause why you cannot As if the good Pope would haue sayd the commandement of the Sea Apostolicke or of any other superiour ought to be carefully executed vnlesse there be a reasonable cause to the contrary Neither is this a false glosse or an enlarging of the Popes words being the same with the written Glosse Mandatum superioris debet adimpleri vel Glossaibidem reddenda ratio quare non adimpletur The commandement of a superiour ought to be accomplished or a reason rendered why it is not
accomplished And in another place Oportet mandatum Domini Papae Glossa in ca. cum tenâ—amâ—ur de praebend adimplere nisi subsit ratio non adimplendi It behoueth to fulfill the commandement of the Pope except there be a cause of not fulfilling it And it is likewise a receiued doctrine among all a D. Tho. in sen dist 15. q. 3. art 4. ad quartum quaest ad 3. Sil. verb. lex nu 8 Graff p. 1. Li. 2. ca. 36. nu 16. diuines that an exception of reasonable cause excuseth from sinne and is to be admitted in all precepts soeuer in positiue lawes A document which our aduersaries seeme by the nature of their proceedings to be little acquainted withall in that they did so rashly and most wrongfully condemne vs we wote not of how many enormities without so much as suspending their iudgements till they had heard or enquired after our reasons or knowne what we could say for iustifying or excusing our bearing off by them so peremptorily condemned O Lord who could thinke the contrary being not seene and felt that men of learning men of religion men that must be accounted of a passing mild spirite would censure adiudge and diuulge that action of ours to be so grieuous a crime as they made it being in his nature no other then which Popes themselues haue decreed to be lawfull and millions of true obedient children haue without scruple committed To wade further be it that we knew the Archpresbitership and the iurisdiction adioyned to be the commaundement or immediate act of his Holinesse as before the arriuall of his first Breue the whole time of our bearing off we nâ— did nor could win our thoughts to suspect any such matter what must it by and by put on the nature of enormious disobedience and we wote not what else to deferre the accomplishment of the sayd commaundement vpon manifest euidence of vntrue and most ignominious suggestion expressed in the front of the same Letter wherein the commaundement it selfe was signified and alledged also for the chiefe and sole cause why the subordination was instituted Verily if such auouance be throughly and vprightly looked into there cannot but appeare in them matter of dishonoring the Sea Apostolicke and supreme pastours as that hauing made forth their coÌ„mandements vpon information cannot or must not after permit that any delay be made by the subiect in executing the commandements how wrong detractiue soeuer they shall thinke or know the information to be then which what is farther from reason or can deeper distaine But leauing to others to comment vpon the paradoxe we desire the aduersarie that can say most in the cause to particulate the reason which in our duty and loue towards his Holinesse should haue moued vs to thinke that his mild and sweet course of proceeding with all other nations had so maruellously chaunged it selfe towards the professant Catholikes of our Realme his oppressed children as to graunt authority to the Archpriest to place and displace Priests in their houses harboring them of charity when but an inckling of receiuing any Priest into their house is matter inough to occasion trouble and the proofe or knowledge thereof a sufficient cause vtterly to vndoe theÌ„ their whole family A iurisdiction therfore farre more inconuenient hurtfull then we could any way beleeue his Holinesse euer appointed nay our vnderstanding gaue vs that we could not but with breach of bounden duty thinke that his Holinesse would euer assigne such a faculty as we for the foresayd cause and preiudice as also for that it giueth authority to the Archpriest to dispose of the persons of secular Priests a thing neuer heard of yea in the consequence to dispose of our liues too in regard that all Catholike houses whither he may remoue vs be not alike safe and free from danger What shall we say We could no way imagine that this so rare ample iurisdiction came from any other then from the heads of father Garnet and fathers Parsons as bearing the right stampe of father Parsons nature and sorting with other his forcible pollicies For by inuesting the Archpriest their owne at commaundement with this soueraigne kind of iurisdiction they knew they had a meane alwayes ready at hand to helpe when they would their brethren the Iesuites and other their deuoted friends to the best places in our Realme and thereby to draw to their party such of the laity as they would fainest haue to comply and aduance their proceedings First by remouing the Priest they keepe if he be thought an impediment thereunto and after by placing another Priest in his roome who must prepare and win them in the maner he shall be directed A fifth instance It seemed most improbable vnto vs that his Holinesse knowing in what deepe disgrace we liue with our Prince and in what vtter contempt and scorne with the greater number of our Realme by infinite and this for no cause more if for any so much as for honouring and maintaining the supreme dignity of that Chaire would neuerthelesse adde this hard fauour and increase of dishonour to our other afflictions as that we should in no chaunge haue the election of our superiour but the Cardinall Protector a straunger and who being a chiefe patrone of our oppositors hath shewed himselfe alwayes a backe friend to our party should without any of our voyces or the least aduice taken from vs euermore of himselfe appoint our Archpriest A greater disgust then we could perswade our selues that his Holinesse for the compassion and respect he beareth toward our miseries would euer shew specially to our whole Cleargy And certes we could not recken this so straunge a prouiso but for a cunning deuise of they two foresayd Iesuites both to preuent that none might be chosen to the place but such as themselues should well like and haue the preferring of and by the intersession and meane of this fauour bestowed euermore to make themselues the proprietaries and commanders of our Archpriest and haue him ready to execute all their designes punish remoue disgrace whom when and how they should appoint In briefe the speeches that M. Blackwell himselfe vsed not long after the receit of the Constitutiue Letter bred at that time an assured opinion in vs that the authority he claimed was not the institution of his Holinesse The speeches were these That if we would accept of the subordination appointed and should obediently demeane our selues thereunto his Holinesse intended after some triall of our cariage vnder this forme of gouernement to make Bishops in our Church and to allow them as large pentions as the reuenewes of Bishoprickes in our countrey amounted to in a Catholicke time Which words sounding very vnlikely in our eares what could we in reason thinke but that if the authority had bene the act of his Holinesse such grosse inducements little needed and consequently the vsing of them did more and more confirme vs that the subordination was
only a platforme of the Iesuites put in execution by the Cardinall without any commandement of his Holinesse for erecting the same in particular with the faculties adioyned And to make this of the more probability there occurred three other speciall presumptions the one was certaine speeches vttered by a Senior Assistant The second the deuising of Olim dicebamur for A letter of thankesgiuing the eighth of Nouember 1599. gathering of names The third the order of swearing Priestes of the Colledges ere they should haue faculties giuen them for England Touching the first maister Terwit the second Senior Assistant very inward with the Iesuites in most of the affaires spake as we were told vpon what occasion himselfe better knoweth that the new authority meaning the subordination was but to continue for a yeare or two being only procured for curbing maister Mush and Collington with a few others Which words howsoeuer we deserued them at his hands as I for my part neuer saw the man in England but once and then but for a dinner while onely when also there passed no occasion to my knowledge that might conceit him so hardly against me but rather the contrary yet they could not but giue vs cause to doubt the more we knew him to be great with Fa. Parsons Fa. Garnet the only archcontriuers of the subordination the better ground we thought we had to beleeue the speeches and his words being true we assured our selues that the subordination was not the act nor commandement of his Holinesse for then it could no way probably be in their power to let it dye in the time mentioned as it did easily lye in their power to let it fall at the end of that time if the subordination were the meere ordinance of the Cardinall his grace he being so neare alyed in affection to father Parsons in particular and to the whole body of the society in generall Touching the second The Iesuits or our Archpriest either or both aduertising father Parsons that some refused to receiue the subordination and excepted against the Cardinall Protector his letter as insufficient to establish the kind of gouernement it appointed What did father Parsons but presently inuented as notice was giueÌ„ vs this peece of sinenesse that forsooth his friends here the Archpriest and the Iesuites should frame a letter of thanksgiuing to his Holinesse for instituting of the new subordination in our Church and procure the subscription of as many Priests hands thereunto as they could Whereupon a common letter was anon penned for rendering thankes to his Holinesse in making vs happy and fortunate through the very great wholsome The words Olim dicâ—â—amâ—r and singular benefit which it had pleased his Pastorall care to bestow vpon vs by commanding our most Illustrious Protector Cardinall Caietane to institute the forme of gouernement now by him erected in our countrey To which letter of like for the better drawing on of others to follow the Iesuites who were not within the lists of the subordination did first of all put to their names Neither did their charity or forwardnesse content it selfe with this but as if the blame should haue lighted onely on them if any had bene slacke or neglected the homage they and their friends spared no labour or perswasion of mouing and soliciting others to giue their names yea the businesse was so effectually prosecuted as some were made to beleeue it was sinne others told to be schisme not to giue their names and all brought to beleeue that his Holinesse looked to receiue thankes Strange that the greatest personage in the world an old man vertuous holy humble wise cumbred with a thousand affaires so as he can hardly giue audience to heare matters of waight should looke to receiue thankes and in a letter subscribed with two or three hundreth names and for conferring no greater a benefit then for commanding Cardinall Caietane to institute an Archpriest with iurisdiction only to punish for at that time maister Blackwell had no other authority such as were before ouerwhelmed in miserie and euery houre in daunger of leesing their liues for defending the diuine rights of his Papacy for maintaining Christs truth and the nobliest cause vpon earth And with whose names must this letter be subscribed with a Catalogue of names of poore Priests distressed persons beggars neither knowne nor euer heard of by his Holinesse and distant by more then a thousand miles from him But had his Holinesse expected or exacted thankes at the Priestes hands of our country yet who would thinke that our Archpriest and the twelue Assistants being our heads and consequently the principall persons in our body had not beene a competent and sufficient number or at the most with sixe or ten other of the ancientest Priests to haue ioyned in such a letter of humbling thankes to his Holinesse in their owne and in the behalfe of the rest Or admit it be decorum to subscribe such a multitude of names in a letter to his Holinesse and in no greater affaire then to giue him thankes yet the procuring of euery Priests name mattered little but was rather superfluous or a vanity the rest giuing thankes in the person of all except his Holinesse should haue taken tale how many by name had thanked him We should maruell if father Garnet and father Parsons did not laugh in their sleeue notwithstanding themselues were the plotters of the deuice when they saw the ouersight of our brethren and how easily most of vs were won to giue thanks for a subordination being a staffe for themselues their deputies and successours to beate vs withall at their pleasure except we did still sing placebo and bow downe our neckes to what yoake soeuer their enterprising natures thought meet to lay vpon vs. But howsoeuer they delighted themselues with this yet if father Parsons were made acquainted with all particulars he could not but wish that maister Blackwell had vsed some better pretence for suspending three Priests from the vse of their faculties then because they would not vpon his command confirme his authority vnder their hand The words of our Archpriests letter of the 4. of Aprill 1599. which is set downe in the booke to the Inquisition writing as a certaine witnesse of their obedience and by putting too their names the Priests theÌ„selues knew not to what vnlesse it were to olim dicebamur A cause we dare say that since the beginning of Christianity there was neuer Priest suspeÌ„ded for the like For the subiect to be punished because he wil not confirme the authority of his Ecclesiasticall superiour vnder his hand writing an exaction of al incongruency for what inferiour can confirme the authority of his superiour that being an office of a superiour to the superiour or put his name to a letter of thanksgiuing for a new increase of subiection is a course so contrary to reason and iustice and so repugnant in it selfe as it can hardly admit any
Gods grace with our wittingnes euer shall deserue of Peters Chaire or at the hands of his Holinesse Now if our aduersaries can answere and shew wherein we are mistaken or how the precedent reasons or authorities conclude not for vs whether the Cardinall receiued his authoritie by way of formall delegation or by way of verball commission we beseech them of charitie to communicate their knowledge and we promise them they shall find vs thankfull and most readie to recant our errour and aske them pardon And this being proued that we were not bound by law or conscience for that cannot be against conscience in which so many approued authors do agree to be lawfull to subiect our selues to the subordination his Grace erected vpon the sole credence of his Letter without further testimonie that his Holinesse gaue him Commission to institute the same in specie with all the branches and faculties it resteth for cleerer remonstrance of the truth and satisfaction of al doubts that we answer the reasons which our aduersaries make for proofe that we were bound to beleeue and obey the Cardinall Protector his Letter before the appearing of his Holinesse Breue in Confirmation thereof ONe of the chiefe reasons that our aduersaries bring for proofe of M. Blackwell in his 12. questions to the Priests 14. of March 1600. Fa. Holtbey in his discourse the last of lune 1601. and in the Apologie fol. 108. Destatu Ill. DD. Card. nu 9. such our bounden dutie is that his Grace was Lord Protector of our Nation and the distributer of faculties to Priests in their mission from Rome for England To which we answere first of the two dignities Cardinalship and Protectorship abstracted and considered apart each from other no doubt the title of Cardinalship is the greater and by so much that hardly there is any resemblance to be made betweene them as is to be seene by comparing the prerogatiues together recounted and laid downe by Zecchius in his booke de repub ecclesiastica And therefore if we were not bound as is abundantly proued before we were not to beleeue a Cardinals word in a matter of like preiudice much lesse were we then bound to giue credence to the word of a Protector in the same But be it for further proofe-sake and declaration of moe our advantages that the office of a Protector doth in right challenge more beleefe then doth the state of a Cardinall and that the two soueraigne dignities and offices meeting and residing in one personage as they did in Cardinall Caietane could not but impose a straighter bond by much vpon vs to beleeue and obey the particulars of his Graces Letter subscribed and signed with his own hand and seale then could the like Letter of any other Cardinall who was not our Protectour nor had the distribution of faculties in the missions To this we say that the authoritie of our Protector thus compounded and enlarged remaineth neuerthelesse a definite authoritie and falleth vnder the name of authoritie but the text of the law aboue cited is a Ca. cum à nobis de testib Quantaecunque authoritatis c. How great authoritie soeuer the affirmer is of he is not in things hurtfull to another to be beleeued vpon the sole testimonie of his owne word And b Inca. praeterea de dilat n. 5 Panormitane cited by c Verb delegatus nu 5. Syluester writeth that quantumcunque est persona authorizabilis what high ample authoritie soeuer the person beareth he is not in praeiudicialibus in matters of preiudice to haue beleefe built vpon the credence of his owne word onely What need moe proues It is very manifest by the vnanswerable authoritie of the text it selfe aboue cited salua in omnibus sedis Apostolicae authoritate that the priuiledge of being Ca cum à nobis de testib beleeued vpon the sole warrantize of his owne word in cases of preiudice is a respect peculiarly reserued and appropriated to the supreme dignitie of the Sea Apostolicke Or if on the other side our opponeÌ„ts wil as a principal man among them did once boldly affirme that the Cardinall did not so much institute this kind of subordination in our Church by vertue of any delegation receiued of his Holines as he did it by vertue office of his Proterctorship A conceit that M. Blackwell himselfe in some of his To my selfe the 8. of August to M. D. Bishop and my self the 17 of Aug. 1598. Letters which he wrote incontinent after the receit of the Constitutiue Letter seemeth to beate about if not to inferre calling the subordination Statuta constitutionem institutionem ordinem prudentissimam prouisionem Ill mi Domini Protectoris The statutes the constitution the institutions the order the right prudent prouision of our most illustruous Protector Now if our aduersaries beaten from their other holds will retire as some of them haue to the succour of this poore shift alas the fortresse they flie too is but a paper wall a descant fit onely to deceiue the ignorant For the office of a Protector consisting as Zecchius relateth Destat Ill arum D â—rum Card in nu 9. in proposing the elections and other causes of the Prouince or Country whereof the partie is Protector in the sacred consistorie and in answering the reasons doubts or exceptions which the Pope or any of the Cardinals shall there moue touching matters by him propounded neither did nor could impart like iurisdiction and soueraigntie to his Grace as thereby to institute of himselfe any kind of gouernement and much lesse so strange a kind of gouernement in our whole Church For why is there any kind of semblance or societie any alliance or coniunction between authoritie to propose elections to preferre the sutes of our Country to yeeld satisfaction to what is obiected in that most honourable assembly of the Pope and Cardinals the offices of a Protector and the iurisdiction of erecting a subordination the like wherof in all points was neuer heard of in our Church before if euer any where else in the Church of God The sequence is so incongruent that none of iudgement will make it and none but such as are wedded to their owne folly will euer stand therein carrying no more coherence then that chalke being white must needes without doubt be cheese or because the aduocate moueth and pleadeth his clients cause therefore without question he hath authoritie to determine and giue finall sentence in the same Touching the other part or meÌ„ber of the reason that we are bound to admit what Cardinall Caietane assigned in respect his Grace had the distribution of faculties to our Priestes that come from thence we thinke no answer fitter then silence in respect it bewrayeth so great shallownesse and defect of iudgement For if we were in this regard bound to beleeue the Cardinall on his word because he had authoritie to delegate faculties it followeth directly that we are in
principally meant in not taking the names of moe Priests with them or in a better forme then they did and specially because they omitted the procuring of the King of France his Letter in their behalfe to his Ambassadour in Rome which was promised and another to his Holinesse himselfe for request of fauourable audience in their sute matter of iust sorrow they smarting after the rate they did for omitting of the helpes vpon confidence only of the most behoueable and reasonable petitions they were to propose But of what persons beside the Cardinall his Grace did our two brethren remaining close prisoners heare that the Archpresbytership and the faculties adioyned was the order of his Holinesse Had any of those accesse vnto the prisoners which liued neare about his Holinesse or were often in his presence and so by likelihood might heare when the commission was giuen or after talked of Were other straungers or their countrey-men in the city allowed to come vnto them Were the students of the Colledge licensed at that time to visite the prisoners and haue communication with them No no they were alike straightly kept as they were not suffered to consult or speake with any nor the one of them with the other What then did his Holinesse Fiscall who was appointed to examine the prisoners but not long after surrendred the office to father Parsons report so much vnto them It cannot be sayd because the same man at the end of all their examinatioÌ„s resiftings told the prisoners as they both witnesse that the subordination was not the ordinance of his Holinesse Of whom then had the prisoners that intelligence vndoubtedly either from father Parsons or father Owen who onely had recourse vnto them relators that must needes haue beliefe giuen to their words because the one was a chiefe deuiser of the authority and his reputation lay in gage to haue it go forward the other a profiting scholler in father Porsons studies and his right hand in this busisinesse as the seruice following declareth When maister Charnocke wrote his letter vnto vs by the appointment of the Cardinals for a finall end of their durance as father Owen reported and father Parsons had the perusing thereof a night and a day it was brought againe vnto him by father Owen with order from father Parsons to adde that the subordination erected was the order of his Holinesse who answering he could not write so because he knew it not the other replied that the Cardinall protector sayd it when he sate in iudgement in the cause and that father Parsons affirmed the same and therefore he might well and truly write that to his knowledge the Archpresbitership was the appointmeÌ„t of his Holinesse Whereupon the prisoner being willing to giue the fathers the most contentment he could for his speedier riddance out of prison promised him to write in so large a maner in that point as possibly he could with any truth and accordingly signified in his Letter yet not that he knew the subordination to be the order of his Holinesse but that he heard the Cardinal to affirme it and also vnderstood it by credible relation of others The like wrote M. Bishop and not vnlike vpon the same perswasion But neither the one nor the other of our brethreÌ„ nor the Cardinall Protector in the Constitutiue Letter nor any other of whom witnesse is claimed did euer in the least word affirme that the faculties and iurisdiction annexed to the Archpresbitership the onely point which was most needfull of all other to be descended vnto being the most materiall and which alone for the amplenesse rigour vnusualnesse thereof caused our delay were the ordinance or commandement of his Holines A thing worthiest of special note as that most manifesteth the headie violence of our aduersaries and how beyond all colour of reason they haue proceeded in their accusations and outcries against vs. Now touching the commendation and dutie our two brethren sent to be done to our and their superiour the Archpriest who could thinke reading the passage but that somwhat lay hid was insinuated by the words that they being prisoners in Rome should as it were hunt after so impertinent an occasion of calling M. Blackwell their Superiour and direct commendations vnto him by that title when as we were right sure they both well knew that the Cardinals Letter made him but Superiour ouer the Priestes residing in England and Scotland only and not ouer any whiles they liued any other where And one of them being sithence asked the meaning of the said words aunswered that the authoritie of the Archpriest not stretching to any out of England this clause so farre as I can so farre distant vsed in the same sentence where he rendred his dutie did shew that he wrote it onely to make faire weather with father Parsons and the sooner to get himselfe released of the imprisonment he indured But would our aduersaries indeed vnderstand the truth how much or wherein our two brethren do either beare witnesse against vs or condemne our standing off to yeeld our obedience vntill the comming of his Holinesse Breue Let them reade M. Bishop his answere to father Parsons Letter and the censure vpon the same both printed in the English booke and written when they were not in hold and then tell vs the particularities wherein they giue testimonie against vs or find fault with our delay In the meane there are none but must see that all the testimonies which are brought against vs proceeded from one head take their whole force from the Cardinals word and not from his Graces word as auowing the particular faculties iurisdiction annexed to the Archpresbytership to be the command or appointment of his Holinesse but from his Graces word onely that he receiued a Commission to make peace in our Country and that following the will of his Holinesse he decreed a subordination We therefore being not bound to beleeue specially to obey as hath bene sufficiently proued before the Cardinals word himselfe writing and affirming it we were lesse bound by al consequence to beleeue and obey the same related or witnessed vnto vs by others And here I thinke good to aduertise touching the report I haue made of all the precedent testimonies that I do not so aâ—â—ow it as that I engage my word the report to be in euery iot one with the Letters themselues for this were the imperfection of mans memorie considered to ground certaintie vpon vncertaintie especially the time being long since I read most of the Letters and neuer read them but once nor could be admitted to copie them forth wheÌ„ also I feared no accident lesse then that matters would fal out as now they do or that we should euer haue had occasion to proue our selues no disobedient run-agates from the Church of Rome or from the supreme Pastour thereof who with semblable perill of life and renunciation of worldly preferment haue for many yeeres laboured to reduce
two English Priests to wit William Bishop and Robert Charnocke which haue bene for the space of some moneths detained in this Colledge it appeared vnto vs to be in no case expedient for the English cause that the sayd Priests should immediatly returne to those partes where they haue bene at variance with other men of their order and now hauing conferred the matter wiâ—h his Holinesse and being againe certaine of his pleasure therein we thinke meete to decree and appoint the very same Wherefore we ordaine in his Holinesse and our owne name and do strictly commaund the foresayd Priests William and Robert in vertue of holy obedience and vnder paine of suspention from diuine offices to be incurred in the fact it selfe and vnder other censures and penalties to be inflicted at the appointment of our holy father that without the expresse leaue of his Holinesse or the most Illustrious Cardinall Protectour they do not for the time presume to go to the kingdomes of England Scotland or Ireland but liue quietly peaceably and religiously in other Catholike countries where we haue assigned them and endeuour as well by letters as by messengers by all other meanes that peace and vnion be conserued among the English Catholikes at home and abroad Which things if they truly and really performe their licence to returne may the sooner after be graunted vnto them But in the mean while we command these things to be rightfully obserued faithfully executed that your Reuerence signifie thus much vnto them in our name Giuen at Rome from our Pallaces the 21. of Aprill 1599. Your Reuerences as brother H. Cardinall Caiâ—tane Protector as brother C. Cardinall Burghesio NOw let him whosoeuer would soonest find a hole in our coate teach vs in what part of the sentence we their complices here are mentioned or point vs to that word in the whole Decree which can any way iustly or colourably be stretched to such a meaning or implication And if neither of these can be shewed as most sure it is they cannot how can we with any regard of truth or moderation of speech be sayd to be condemned Againe delegatine Iudges of what estate soeuer they be receiuing authority by Commission from their superiour to heare and determine the cause of sâ—ch and such persons by name as did the two Cardinals from his Holinesse as their sentence it selfe beareth witnesse cannot extend their censures condemnation to any of the sayd persons complices not expressed in the CoÌ„missioÌ„ how guilty soeuer they know them to be The reason is because they haue no authority nor iurisdiction ouer them as the first fourth and fifth Proposition teach in the second Reason and may be further declared by this similitude of the cases The Qâ—eenes Maiestie giueth a Commission to two of her priuie Counsellors to arraigne Iohn Astile and Iohn Anoke for treason coÌ„mitted Now we aske whether these priuie Counsellors may by vertue of this limited and particular coÌ„mission proceed vpon and condemne such coÌ„plices of the said traitors as their honors by sifting matters may find to haue had their finger in the treason without any personall triall or summoÌ„s of theÌ„ for thus also it fared in our case We assure our selues that none will say they can and those that are studied in the lawes do knew they cannot and that the lawes of our country reasons voice haue prouided punishments condigne for so exorbitant a presumption Furthermore howsoeuer the condemnation giuen by the Cardinals vpon our two brethren may be lengthned to reach vnto vs yet the punishment imposed a correlatiue in a kind to the condemnation and which cannot but concerne all those on whom the condemnation passed ne did nor could possibly any way agree or so much as point to their complices here For this being that those on whom the condemnation was giuen should not presume to go into the kingdomes of England Scotland or Ireland without expresse leaue of his Holinesse or the Lord Protector it could in no congruencie in the world appertaine to vs who were in England long before and at the same time euen to the knowledge of the Cardinals themselues when their Graces deliuered the sentence if both their Graces did expressely set downe such a sentence as the speeches and cariage of Cardinall Burghesio to M. Charnocke seeme in a sort to admit a doubt least the inditing therof were the left-hand worke of father Parsons as the words in isto Pregnant suspition of father Parsons cloaked dealing Collegio detenti detained in this Colledge contained in the sentence and the sentence being dated from their Pallaces yeeld no improbable conceit together with other grounds touched in the censure vpon father Parsons letter to M. Bishop Moreouer if condemnation passed vpon vs at Rome as complices of our two brethren then doth it necessarily follow that we were their complices in the crime they were condemned for And what crime was that for maintaining controuersies as the sentence expresseth with other men of their order Well but what kind of controuersie did they maintaine and with what men by name and how came our partaking with them so notorious as that we might rightfully be condeÌ„ned for what was not rightfully done can neuer be but iniuriously obiected without summons or relation from vs what we could say for our selues The sentence doth neither specifie what were the controuersies nor name the men with whom they maintained them Wherefore it were well and but the due tribute of charitie considering the infamie that groweth vnto vs by so publike an affirmance of our condemnation at Rome that declaration were made both what the controuersies were in particular the names of the persons with whom they were maintained and also our notorious participation in the same that so our countrey might be informed of the particular and our selues â—ake notice of the offence we committed which without such helpe we cannot hitherto call to mind To say that the controuersies and the persons with whom they were maintained was the delay which our two brethren our selues made in admitting the new authoritie after sight of the Cardinal Protector his Letter and in their going to Rome by our perswasion for more certaine knowledge of the subordination and how fully it was established and for informing his Holinesse aswell of the inconueniences thereof as of the needs that abound in our country were as we thinke to charge the two Cardinals with ignorance or error or both For if this were the controuersie and the Archpriest the partie with whom it was maintained as if not the whole world caÌ„not proue vs to be their complices in any other coÌ„trouersie then we must ask this question whether M. Blackwell was at that time when we delayed to subiect our selues vnto him so authorized our Archpriest as we were bound vnder sin or other bond to admit him before the comming of his Holines Breue If he were not as the foregoings shew he was
not and the ensuings God willing shall proue that we could not admit him without transgressing the lawes of holy Church then the non-admittance of him was not to maintaine controuersies but to defend we say not our freedome though if it had bene so the endeuour had beene most lawfull and honest but to defend trueth to shunne penalties and for conseruing order and the Hierarchie of Gods Church inuiolated Actions which no way approach to that degree of deformitie as to deserue exile and also confinement in exile and in Catholicke Priestes that had many yeares ventered their liues in Christ his cause and the banishment and confining therein to be inflicted vpon them by personages of Ecclesiasticall preeminence If on the other side M. Blackwell was so fully and absolutely constituted our Archpriest as we could not without sinne protract the submission of our obedience vnto him then must we craue pardon to thinke that the two Cardinals mistooke in their sentence quid pro quo one kind of sinne for another the lesse for the greater For the only and sole cause which their honors alleage in the sentence of banishing and confining our two brethren was for that they had maintained controuersies with men of their owne order So that if the bearing off to receiue M. Blackwel in the authority he claimed were indeed the maintaining of the coÌ„trouersies which their graces meant in their senteÌ„ce as needs it must be if M. Blackwel wrote a truth in affirming vs to be condemned at Rome as their complices we being at no time their complices in any other controuersie then as we haue said their Graces mistooke the lesse sinne for the greater controuersie for disobedience or truer for rebellion a Panorm in ca. sâ—ne 2. de ofsic iud deleg nu 4. rebellion being when one will not obey or shall impeach the iurisdiction of his Superiour or for a far greater sinne if all be true which hath bene obiected against vs. Neither were their honours as it seemeth only mistaken or spoke improperly in this but also in another point of like moment viz. in that M. Blackwell being lawfull Superiour to our two brethren as it is supposed and in manie respects of more then Episcopall iurisdiction ouer them neuerthelesse their Graces did not otherwise name or more particularly stile M. Blackwell then by comprising him vnder the general terme of other me of their own order for so runne the wordes in the sentence as the Reader may see nor is there any other cause at all alleaged why they were banished confined but for that they had maintained controuersies with other men of their owne order and therefore not expedient to the English cause that they should anon returne to those parts where they had so demeaned themselues Errours of that nature as it were hard to thinke their graces would commit considering their long practise and place but chiefly in respect of the vnusuall and grieuous punishment imposed and for that by this generall or improper speech neither the punished were let to vnderstand the nature of their offence a default in iustice nor satisfaction giuen to the world why so heauy chastisement was taken of Priests comming so farre off to the Sea of Rome Considerations which force vs to thinke that their Graces meant not by the said words of the decree the controuersie which our two brethren had with the Archpriest in not admitting his authoritie vpon sight of the Constitutiue Letter but the maintaining of some other controuersie albeit we wote not nor can gesse what controuersie that should be or with whom Againe the wordes of the decree are for maintaining controuersies with other men of their owne order Which being spoken in the plurall number and none can say that either of our two brethren maintained controuersies or had so much as vnfriendly speech with any one Priest M. Blackwell excepted in reproofe or dislike of his admitting the subordination Which conuinceth except the sentence were erroniously giue that their Graces could not not vnderstand by maintaining controuersies with other men of their owne order the difference betweene the Archpriest and them concerning the receiuing or not receiuing of the Subordination And to shew the aduantages that commonly concurre with all truth and do abound in this we will grant to our aduersaries that the Cardinals vnderstood no other controuersie in their sentence then that which our two brethren had with our Archpriest about the subordination and wherein we were their complices and that also the punishment inflicted was such as it might aswell appertaine to vs as to them as how meerely impossible it was so to do it hath bene declared before yet what sequence can be inferred either in equitie which is iustice tempered with the sweetnesse of mercie and euermore chalengeth her due place in iudgements giuen by such personages because iustice without mercie is crueltie as S. Chrysostome writeth or in rigour extending all things to the highest seueritie that can be Must the condemnation that passed vpon our two brethren be stretched needes inuolue vs their complices neither summoned to the triall nor named in the sentence nor specified in his Holinesse Commission to the Cardinals or we otherwise vnder like authoritie or iurisdiction of their graces Certes both reason learning common sense and the custome of all Nations Heathen and Christian do counterpleade nor all ages as we thinke can yeeld one president from the beginning of the world to this present day where and against whom any iuridicall condemnation as that is maintained to be which passed against our two brethren hath bene in like sort extended were the persons to Dist 86. siquid 2. q. 1. in multis capitibus eadem q. 7. ca. ipsi ca. testes 15 q. 7. per totum ca. qualiter 2. de accusationib Concil Trid. sess 13 de reform ca. 4. 1. Tim. 5. whom it was extended of neuer so base calling and the fact they committed neuer so notorious and execrable Circumstances or materiall points which greatly alter our case for Popes Councels generall and prouinciall and famous Emperours haue decreed sundrie priuiledges for the more iust and respectfull proceedings against men of our function Yea the holy Apostle for the more reuerence of Priesthood omitted not to giue direction likewise in this affaire and the fact also wherein our two brethren were condemned not the most hainous euen by that species or kind of the offence to which the Cardinals themselues raunged and intituled it by viz. the maintaining of controuersies with other men of their owne order It is a receiued Proposition among the Canonists and alleaged by Pope Innocentius the third and Pope Gregorie the ninth that a Ca. dilecto de prebend dignit ca. cum snp r de sent reiud eod ca. quamun Regulariter alijs non nocet res inter alios iudicata Regularly a matter past in iudgement betweene others hurteth none but the parties themselues
is the imposing of so heauy penalties for the direct or indirect maintenance of the censure Whether the vniuersitie gaue the same vpon true information or otherwise This this appeared so strange as we hardly durst beleeue our owne eyes before we read the wordes ouer and ouer gaine nor should we so haue beleeued the same had the decree not come forth in the hand writing of our Superior and vnder his seale For was it euer heard that one Prelate and of no higher calling thē an Archpriest Protonotary Apostolical being also but a Bachelor of Diuinity neuer reader in the facultie would not only so ouerrule the cēsure of a whole vniuersitie but so farfoorth to reiect it as to bereaue Priests of their faculties to suspend them from the altar to interdict the Laitie man and woman yong and old vulgar and noble whosoeuer shall maintaine the same so much as indirectly and this Whether the information giuen to the vniuersity were true or false Was it euer heard that Priests hauing no other meanes to maintaine themselues by then by vse of their faculties and liuing euery houre in danger of death for profession of their faith should be spoiled of their faculties disabled to do good to others put from the altar robbed of their maintenaunce debarred from Sacraments and incurre all these spirituall punishments for defending the censure of a most learned famous and Catholike vniuersitie in a matter neither decided by any decree of holy Church nor contrarie to any expresse authoritie of holy Scripture Was it euer heard that men and women leesing all their goods and two third parts of their lands onely because they will not go to a contrarie Church and dayly hazarding their liues and the vtter ruine of their whole posterity for professiō of the Romane faith for receiuing Priests for releeuing their necessities for the glorie of Gods Church for preseruation of Religion for good example to their The penalties following the censure of interdiction euen christen should be exiled from vse of all sacraments put from being present at diuine Seruice and dying not to be interred in Christian manner and to be thus disgraced maligned defamed and spiritually afflicted for adhering to their friends approued to be honest by long triall for taking part with their ghostly fathers in a matter of fact discussed and determined to be lawfull by publicke censure of a renowned vniuersitie Was it euer heard that the like measure hath bene met by an Archpriest to Priests by a Superiour to his subiects by a father to his children by a labourer to his brethen coadiutors by one liuing in persecution against his fellowes in the same persecution and this by the counsell and direction of religious persons who must not be counted sicut caeteri homines as the rest of workemen in the same vineyard O heauen O earth are ye not astonied or do ye not close your eyes from beholding the iniustice the inhumanitie the vnnaturalnesse the oppression the affliction vnspeakeable enough to stumble any that are not well staied by grace But besides these exceptions of our Archpriest against the censure father Parsons as one being inured with the trade of deuising shiftes descendeth in the Apologie to other particulars and telleth vs that the said definition of Paris in very deede very little releeueth our case and Fol. 115. sequentib that we might well haue spared to print it but for making a vaine flourish with ostentation of an Academicall sentence And why so Marie because the information that was giuen to the Doctours was wrong and defectuous and that there was no man of the Archpriestes side to reply or tell the tale as it ought to be and tell them how false the information was Is all this true then we pray tell vs what man was at Rome when you laboured and informed the Cardinall and his Holinesse about instituting the subordination to reply or tell them how false the information was Had not you father Parsons the drawing of the Constitutiue Letter the setting downe of the instructions and additions The day of iudgement will declare you had howsoeuer you cloude matters now from the sight of those that will not see light when the Sunne shineth Were there any Priestes in England which were to liue vnder the subordination that had a part a voice or were made priuy to the designe saue happily some two or three of whom father Garnet your inciter and aduertiser stood wholly possessed and had the commaunding of their pens tongues and trauels You write in seuerall places of the Apologie that both the Laitie Fol. 98. 99. 117. alibi and Priestes desired by their letters and expresly demaunded of his Holinesse a subordination among Priests Shew their letters or giue vs some secret notice of their names that the truth may be knowne or we shall not beleeue you but take thi◠as we must do innumerable other for escapes of your pen and memorie You write likewise that if those reuerend learned men had bene indifferently instructed in the case how it passed they would haue bene of a farre other mind and iudgement then to cleare such a fact And we do as verily beleeue that if his Holinesse had bene indifferently informed how matters passe in England betweene the secular Priestes and the fathers of the Societie he would haue appointed a farre other forme of Subordination then such as inlisteth but one side of the contenders and maketh those that were their oppressors before more potent to exercise their splene and exempteth them from out the compasse of the iurisdiction appointed ouer the other Rome father Parsons cannot perswade vs that euer his Holinesse pious and tender conscience would suffer you to sit as you do at sterne making lawes for vs chusing our Superiour directing gouerning and raigning as a Vice-pope ouer vs had he bene indifferently giuen to vnderstand of our Princes hatefull auersion from you and that not for your good deedes or leauing the world and the generall auersion likewise that most of our Priests conceiue of your insinceritie in many matters and truthlesse dealing Finally you adde that they would not haue cleared such a fact as hath caused so many sinfull scandals Here we must intreate you to name what kind of cause our action of delay was of the sinfull scandals that haue followed You must needs range it as we thinke vnder that kind of cause which is called causa sine qua non the cause without which the ensuing fact had not bene committed which as you know the Philosophers terme stolidam causam a foolish cause And sure if our bearing off and sending to Rome was lawfull in it selfe as beside the decision of Paris the authorities before going do proue inuincibly your reason for that such our fact hath caused so many sinfull scandals is weake childish For hath not the institution of your owne order approued by the Sea Apostolicke to be good and
of the appeale he ought and is bound to deferre thereunto And the reason is because appellation doth alwaies implie an vniustice receiued or intended and in things doubtfull the ſ Salo◠de iustitia q. 63. art 4. contr 2. concl 2. regula 11. de reg iur lib. 6. diuine law naturall and humane declareth that the case of the agrieued or sufferer is to be preferred A Fift essentiall point wherein our Archpriest seemeth likewise to transgresse the lawes of holie Church is that his Reuerence hauing admitted my appeale à grauaminibus futuris from future agrieuances deliuered me my apostles or dimissory letters would * From the 20. of December to the 21. of February following some few weekes after notwithstanding this his formall allowance of the Appeale suspend interdict and redouble the taking away of my faculties and this vpon no new offence which was notorious but See these things set downe in his own letter pag. 190. euen for consenting to the prefixing of the causes before the appeale which himselfe admitted and for making answere to a lay Gentleman his letter the copie whereof is set downe before and lastly for that three of the appellants did denye the giuing of their assents to the said causes which were prefixed All a Ca. super de appel Ca. Romana ca. sià Iudice de appel lib. 6. Panormitan in ca. ad reprimendam de off iudi ordi nu 9. Silu. verb. appellatio nu 1. lawes and writers do assigne these two effects to euery appeale admitted viz. the suspending of the superiours iurisdiction in the cause from whome and in which the appellation was made and the reuoluing of the said cause to the tryall of the higher Iudge to whome the appellation was made Hence it appeareth plaine that Maister Blackwel admitting my appeale and after proceeding against me in the very same kind of agrieuances for which I appealed and this his proceeding against me chiefely for annexing the causes of the Appeale he allowed without any new and notorious offence committed by me as the fore-goings do manifestly conuince hence I say it most euidently appeareth that his Reuerence therein brake the lawes of holy Church vnlesse his authoritie be a transcendant aboue all the written rules either of lawe or conscience A sixt particular wherein our Arch-priest exceedeth the limits of his authoritie as we verily beleeue is his opinion and practise touching the reuocation of faculties What opinion his Reuerence holdeth herein his letters to Maister Charnock of the 17. of Iune 1600. This letter is set downe pag. 199. do manifestly shew wherein amongst other things he writeth thus Facultatum concessio vt etiam duratio merè voluntaria censenda est cum facultates delegatae sine vllo prorsus crimine solo nutu concedentis vel ab co potestatem habentis expirent As the graunt of faculties so the continuation of them is to be counted meere voluntarie sith delegatine faculties expire without any fault vpon the sole will of the graunter or of the party that hath authority from him A strange position and which cannot but prognosticate somewhat See Panormitan in ca. in singulis de stat mona nu 7. Cardinall Caietaine appointed Maister Blackwell Arch-priest and gaue him Delegatine authoritie as is plaine by his graces words cui vices nostras pro tempore delegemus to whome for the time we delegate our stead and yet * § 6. vers 10. Note a contradiction betweene the two opinions father Lyster in his treatise against vs affirmeth that the Pope cannot depose him without a crime committed neither is the authority or office wherewith Maister Blackwell is inuested a like meane of his maintenance as the hauing of faculties is to Priests that liue in our countrey which putteth a materiall difference betweene the cases and inferreth that if Maister Blackwell may not but vpon a crime be remoued by the Pope much lesse may faculties be taken away from Priests in England without any crime foregoing The donation of faculties to Priests in their mission seemeth not so to depend on the meere pleasure of the superiour as our Arch-priest would pretend but rather to be an implicitiue couenant and the performance thereof due vnto them by iustice vnlesse their owne misdemeanor bereaue them of the interest For can their admittance into any of the Colledges the addicting of themselues to the study of Diuinity the taking of an oath to be made Priests and goe into England when the Superiour shall appoint promise lesse then a couenant on the Superiors side to furnish them with faculties at the time of their going vnlesse as is sayd their owne deserts shall make them vnworthie sith the hauing of faculties is the chiefest meane of inabling thē to do good in our country the end why they became Priests and resigned the liberty of their former state And as the giuing of faculties to Priests at their departure for England is not to be counted a meere voluntarie fauour being in truth the due hire of their trauels and alteration of their state so neither can the continuation of our faculties iustly be deemed to depend in such sort vpō the will of the graunter as that at his pleasure they expire and determine without any sufficient cause giuen Vndoubtedly the disgrace and iniuries which accompanie such a fact is an oppression that sendeth vp his cry to heauen for punishment vpon the imposer An extremitie that men who haue left the Vniuersitie forsaken the preferments of learning in their country relinquished their patrimonies lost the loue of their worldly friends brought themselues in dislike with their Prince and the State deuoted their trauels to the gaining of soules and hourely for that cause venture their liues and floting beside in a sea of difficulties must after all these and in the middest of these be spoyled of their faculties yea at the arbitrarie pleasure of another and this sine crimine without any blame or fault But who seeth not how this doctrine of our Archpriest tendeth to bōdage and meere tyrannie For haue Priests in our Countrey either Tithes Parsonage or Vicaredge or any other help of maintenance though they serue the Altar in more danger then any Priest in the Christian world beside then the voluntarie charities of those with whom they deale And with whome can they deale being depriued of their faculties The Councell of a Sess 21. de refor ca. 2. sc 1. Trident enacteth seuerall prouisoes that Priests should not through necessitie of want be driuen to beg holding the same a reproch to the order The like also haue the auncient Canons b Dist 50. ca. studeat decreed appointing that Priests euen guilty of murder when their liues are spared should be allowed a competent portion for their maintenance out of the benefices they had when they committed the fact And touching the censure of suspension all the Canons c Panormit in
enlarged by a In constitutione quae incipit cum à nobis Paulus the third b In const quae incipit Romani Pontificis Iulius the second and c In const quae incip sanctissimus Iulius the third inuolue or concerne the promotion and office of Maister Blackwell as how little true all these things are the former reasons haue sufficiently declared yea we tooke the hard conceite and indignation which our Prince and the State carry against Father Parsons whom they reputed to be the chiefe deuiser of the subordination and to haue the whole ruling thereof as a iust excuse of not admitting the authoritie especially at the first appearance thereof vpon the bare sight of the Cardinals letter directed also to no more then one And the grounds why we tooke this to be a reasonable cause of iustifying our bearing off were these that follow First because the Magistrates haue in their hands and de facto haue shewed to some prisoners at the time of their examinations for proofe and to exaggerate the disloyalties and treasons obiected one or mo letters which they affirme to be father Parsons wherein his concurrance and furtherance to an inuasion were expressed then the mans restlesse tampering in State matters being reported to haue profered and reprofered the Crowne of our Countrie to seuerall Princes now to one now to another as the meeting of matters and oportunities could most recommend and credit his words and entertaine the personage with hope thereof thirdly the incessant solicitation which the Magistrate protesteth that he hath vsed with forraine Potentates and the attempts which as the same Magistrate affirmeth haue thereon ensued for a conquest of our countrie So as the Magistrate vnderstanding as common fame could not but bring it to his hearing that the subordination was the worke of father Parsons our feare was least the politick State would deeme vs coadiutors and creatures combined with him if we had admitted the Subordination vpon no greater compulsion then the Protectors letter and consequently that we were persons who did deserue to be abandoned and to haue the extremitie of the lawes prosecuted against vs. Could we therefore in common reason do lesse matters standing in these termes then deferre our acceptance of the authoritie vntill his Holines had commaunded vs by Bull Breue or other papall instrument or verball message to subiect our selues thereunto that so the State might see our receiuing of the Subordination not to be for any liking we caried towards father Parsons proceedings but for obedience only towards the Sea Apostolick and in a matter wherein the obseruances of our religion bound vs and the same not iustlie preiudiciall to the temporall state Verily we tooke this for so reasonable and iust a cause as we could not but stand thereupon vnlesse we would in our owne vnderstanding haue shewed our selues cruell to our owne innocencie of ill deserts towards the Magistrate in not remouing his wrong suspition of vs when and how we might ingratefull to our benefactors vnmindfull of our owne liues betrayers of the cause we professe enemies to the professors thereof and iniurious to the honor of Priesthood for that all these her Maiestie and the State not reading in our actions that we were true dislikers of all and singular his disloyall practises and platformes were like to receiue increase of affliction blemish by our admittance of the iurisdiction before such time as his Holines had confirmed the same thereby through the vertue of his supreme authoritie freed both it and vs from hauing part in father Parsons intentions so farre as they were any whit disloyall Neither is father Parsons holden onely of our Magistrate for a Statist or marchandizer of the Crowne and Diademe though this were enough to estrange deforce vs from hauing any connexion or partaking in ought with him but his trauels and negotiations this way are become so notoriouslie knowne that euen Pasquine in Rome as intelligence is sent vs speaketh in this manner of him If there be any man that will buy the Kingdome of England Let him repaire to a Marchant in a blacke square Cappe in the Citie and he shall haue a very good penny-worth thereof Touching the proper nature of our delaie vpon the foresaid cause we thinke that the same will not onely appeare iust and reasonable before any Tribunall vpon earth to our full excuse but that it will be found of that qualitie in the day of iudgement when * Psal 5. Sophon 1. Iustice will be iudged and Ierusalem searched with a candle For what humaine cause can be thought iust or reasonable if not the precedent branching into so many seuerall and weightie consequences as the premisses deliuer and reason maketh manifest if circumstances of time place and persons the direction of a wise mans aime be vprightlie considered And if the cause were either in truth or in semblance iust we meane either iust in it selfe or so taken in good faith by vs then our prolonging to subiect our selues supposing the Cardinals letter had bin a binding precept vnto vs was either no sinne at all or not greater then a veniall No sinne if the cause were reallie iust as witnesseth a Ca. si quando de rescript Pope Alexander the third b 12. q. 96. art 6. 22. q. 147. art 3. ad 2. in 4. dist 15. q. 3. art 4. ad 4. quaest ad 3. Saint Thomas c In dist 76. ca. vtinam Archidiaconus d In ca. â—am quae de rescript nu 4. in rubr de obseruat iâ—iu nu 11. Panormitane e Verb. lex nu 8. Siluester f In â—an ca. 23. nu 43. Nauar g P. 1. li. 2. ca. 36. nu 16. Graffius and others Or not greater then a veniall if the cause were but putatiuely iust as writeth h 2 P. tit 6. ca. 2. ante § 1. Saint Antonie i In 22. q. 147 art 3 in summa verb. prâ—ceptum Caiâ—tane k In 4. dist 15 q. 4. Paludamus l Verb. ieiunium nu 21. Siluester m Vbi supra Nauar n T. 3. disp 9. q. 2. punct 5. Gregorius de Valentia and others Neither is this doctrine only true in the commaundements of inferiour prelates but holdeth likewise true in the precepts of Cardinals or of Popes them selues as both the text of the lawe and the best writers do testifie o Ca. si quaÌ„do de rescript Si aliqua tuae fraternitati dirigimus quae animum tuum exasperare videntur turbari non debes c. Qualitatem neâ—otij pro quo tibi scribitur diligenter considerans aut mandâ—tum nostrum reuerenter adimpleas aut per literas tuas quare adimplere non possiâ— rationabilem causam praetendas If we inioyne you any thing sayth Pope Alexander to the Archbishop of Rauenna that may seeme to stirre your mind you ought not to be troubled therewith but
the begging of names to Olim dicebamur especially with lesse importunitie an office fullest of suspitiō for you to take vpō you but all shews frō whence the plot came and whither it tends to haue our heads vnder your girdles in making ruling our Superior and by consequēce in working your pleasures in whatsoeuer vpon vs. Patience For taking my leaue I beseech you to consider the dissention at Rome to consider the differēces in England to looke into the causes maintenance of them both and if you do not espy that we haue more to say against you then you against vs yet to thinke that our purgation when it commeth forth wil shew you so much proue vs also to haue vsed more plainenesse forbearance truth silence and charitie then our oppositors haue done in their cariages against vs. Thus haue I beloued sir tyred my selfe and long troubled you beseeching you humblie of pardon if I haue any way offended and truly if I knew the word line sentence or particular which were against bounden charity I could labour rather to blot it out with teares of bloud then euer suffer it to come to reading Fare you well most hartily A post-Script GOod sir let the length of my answere excuse that it commeth in an other bodies hand and the reason why it commeth so long after yours was an ague-doubtfulnes whether I should reioyne or no fearing least if I did I might moue offence which I am loath to do and would not haue set vpon the aduenture had your side taken vp in any time or obserued any measure in their hard speeches against vs. The excesse and surfet whereof hath bin and continueth so great that had men and women a charter to speake what they list of Christ his annointed and that there were no such thing as the restitution of fame I see not well how they could either lesse restraine or more enlarge their ignorant and slanderous babling I hope conscience binding and all lawes permitting vs to defend our guiltlesnes against whome soeuer you will not dislike and lesse misconsture and lesser misinforme against this our inforced appologie but rather vnderstanding the grounds of our refusall procure with all speede canonicall certitude of that you would bring vpon vs which must and shall presentlie stint all disputes find vs readily obedient in what soeuer Fare you well againe and our Lord protect you and giue me of his grace to see his holie will and follow it Yours in true loue Iohn Colleton NOtwithstanding the serious and seuerall auowances interlaced in the former Letter that the least Canonicall notice such as the lawe in like cases prescribeth should presently without further question haue vs ready vpon the first shewing thereof to subiect our selues to the authoritie yet did father Garnet and father Lister the one in a Letter communicated to many the other in a diuulged Treatise censure and condemne vs of schisme and alike violently prosecuted their opinion as if the same had bin the sentence of all the learned or rather the declaration of the Sea Apostolick Neither did this their headie presumption correct it selfe in any time but the passion indured and not indured only but increased also to the heaping of most excessiue and vntollerable iniuries vpon vs. Neuerthelesse our thirst after peace and quietnes was such as we sent the conditions following to Maister Blackwell who had now allowed the said Treatise of father Lyster and taken on him the patronage of father Garnets positions that his Reuerence conferring the matter with the Fathers of the Societie the difference might be composed our selues reunited in former loue Conditions offered to Maister Blackwell by the Priests who delayed to receiue him to their Superiour before the comming ouer of his Holines Breue AS alwayes we haue so now expressely againe we do admit all Authoritie whatsoeuer his Holines hath instituted and are most readie actuallie to obey the same when authenticall proofe thereof shall be shewed vnto vs. Further if that can not be shewed yet for auoyding slanderous reports and to the intent we may more peaceablie exercise our functions benefite and edifie others we are well content voluntarily to subiect our selues and obey this forme of gouernment with these Conditions following First that we may be sufficientlie aduertised how farre this Authoritie extendeth particularly ouer vs and that we may haue a copie thereof Secondly that you and the Societie will consent with vs to the sending ouer of certaine who may thereby haue the freer accesse to his Holines both to informe him in our cause and vnderstand his holie Fatherhoods determination therein Alwayes prouided that if their audience be preuented directlie or indirectlie by your or the Societies meanes that then we fullie reuoke all obedience here offered Thirdly in consideration that two of our brethren imployed in this busines haue bin by information from hence discredited and imprisoned and so still continue for ought we know our desire is that we may receiue from you notice of the crimes or misdemeanour laid against them or haue your testimonie for their good cariage and behauiour whilest they liued here or at least that you knew no defaming ill by them Fourthly that whereas we all in generall and diuers particularlie haue bin iniured and defamed by a Treatise of Schisme diuulged by one of the Societie the same may be reuersed and we againe restored to our credits Fifthly that you would let vs haue your accord and letters ouer for procuring order from his Holines that hereafter the Arch-priest may not be elected otherwise then by the consent and voyces of our owne bodie Likewise that the Assistants in respect they haue as it is affirmed equall authoritie with the Arch-priest in the places where they gouerne may not be chosen but by suffrage of the Priests who reside in the Shires or circuite ouer which the Assistant shall be authorised Sixtly that euery one that shall be made either Arch-priest or Assistant shall for auoyding tumult or perpetuall contention through the confounding and mixing of the two distinct States together Religious and Secular protest by the word of a Priest that he is not by vow obedience or other tye in subodination or incorporate to any other bodie or companie then our owne and that he will manifest so much and surrender the place and authoritie he holdeth ouer vs whensoeuer he shall be throughlie determined to change his state and vocation Lastly that for so much as the State is alreadie maruellouslie incensed against vs and the indignation increasing dayly by the meanes of bookes letters and plots touching State matters neither meete in these times nor belonging to our function our most earnest request is that all proceedings of this qualitie be by you vtterlie presentlle forbidden and that you with the ioynt petition of all the Assistants would make instant supplication to his Holines for expresse prohibition thereof THe offer of these conditions how well
speech nor in many yeares before how can it be sayd with any truth that he ioyned with me or that we two determined to ordaine a new Hierarchie with two Superiours these to be as Archbishops Further so many as euer heard me talke of the Sodalitie or association intended knew that none in England more misliked the making either of two Superiours or of certaine other ordinances then my selfe and therefore the error was very great in affirming that we ioyned in that wherein we were most contrary But to let these passe and come to the maine point I confesse that I verily thought to haue bin a Carthusian and was in probation with them full neere eleuen months I acknowledge further that I resolued on that state of life in the exercise vnder father Cullume the Iesuite then resident in Louane when I was about some three or foure and twentie yeres old But what did I euer make a vow of religion or was otherwise obliged by any law of God or man to continue that state No my vpbrayders nor any other whosoeuer can say it For what cause then do they lay this as a reproch vnto me Was my conuersation misliked during my being with them or was I put from them I hope none will be so impudent as to auerre it there being some liuing at this day who can witnes that the Prior was hartily grieued for my departure What then was the cause why I did not continue I may alleage sicknes for that I was long sick in the order and so remayned after till I was Priested and returned to England Likewise I may alleage a mightie oppression of sleepe not remoueable by any meanes that could be wrought or thought on But neither of these impediments moued me to leaue the order I could neuer learne to sing nor tune sixe notes although I had during my stay with them the change of sixe teachers so little willing was the Prior and the Couaunt to leaue me Father Slade one that had bin of the Queenes Chappell taught the Countesse of Oxford to sing was my last teacher and who after long paines and tryall deliuered my vnaptnes to the Prior in these tearmes That he could teach a Cow to bellow in tune as soone as me to sing in tune Further my state of body and vnaptnes to sing was such that two of the Senior Monks of the house aduised me to content my selfe with an other state of life namely to take Priesthood and go into England Yea Father Cullume who was priuy to all the motions that induced me to make choyse of the Carthusian life which was chiefely my impediment of speech for that I thought my selfe thereby fitter for a contemplatiue then an actiue life wrote me a Letter perswading me vnderstanding the difficulties I trauelled in by relation of others and not from my selfe to come forth and betake my selfe to some other state of life Now this being the truth what cause hath father Parsons or our Arch-priest to twite me with leauing the Carthusians Verily if father Parsons were the setter downe of this exception against me in the Apologie and that the same was not added to the copy by father Garnet or Maister Blackwell the ouerseers of the worke and vnto whome father Parsons gaue authoritie to adde and detract what they thought good therein I wish that he would remember the speeches which himselfe vsed to me in Roane and thereupon correct his bad nature For there falling in talke with me after my banishmēt he told me he vnderstood that I had some motion of entring into Religion a course which he thought not good for me because he had learned how much I was inclined and cumbred with melancholy and therefore aduised me not to change my state of life So that for him to except in so spitefull a manner against me for not perseuering in that state of life the like which himselfe dehorted me from and gaue his reason for the same argueth both the want of good nature in him and of honestie But their anger being shewed let vs see how Diuines and the Canonists censure the case Saint Thomas a 22 q. 189. art 4. ad 1m. writeth Melius est intrare religionem animo probandi quam penitus non intrare It is better or of more merite to enter into religion with a mind to make tryall thereof then not at all to enter Which if it be true as no approued author denyeth then why doth Father Parsons Maister Blackwell and some other of their complices impute my fact a fault vnto me whē Saint Thomas receiued of all men in the same preferreth the doing before the omission or the not doing thereof If they reply that they do not blame or vpbrayde me for making tryall and entring into religion but for that I did not remayne still in it I aske them what they count my discontinuance sinne or no sinne and if sinne what sinne Pope Gregory the eight defineth the question in this sort b Ca. statuimus de regul Statuimus nouitios in probatione positos ante professionem emissam ad priorem statum redire posse libere infra annum We decree that Nouices in their probation before they be professed may freely returne to their former state within the yeare Freely that is as Panormitan c Ibidem nu 2. and d Verbo reiigio 5. nu 8. Siluester expound the word sine licentia petita ab aliquo without asking leaue of any one And Caietane e In 22. q. 189. art 4. writing of this point sayth Annus probationis à iure conceditur cum libertate exeundi sine aliqua causa The yeare of probation is graunted by the lawe with freedome to goe forth without rendring of any cause This without all question is most true in the exteriour court and in face of the Church but how doth the same hold in the tribunall of conscience and before God Saint Thomas f Vbi supra ad 2. auerreth Quod ille qui religionem ingreditur si exeat ex rationabili causa facit quod est licitum ei facere That he who entreth into religion and goeth out againe vpon a reasonable cause doth that is lawfull for him to do And Siluester g Vbi supra writeth somewhat plainer in that case Qui solum proposuit perseuerare non vouendo potest intra annum ad saeculum redire de iure quo ad ecclesiam sine peccato quo ad Deum si redeat ex iusta causa Who only proposeth to perseuere in religion without vowing it may within the yeare lawfully returne to the world as far as concerneth the Church and without sinne before God if he come forth vpon a iust cause Nor is the act of such his comming forth scandalous as both h Vbi supra Saint Thomas and Caietane testifie and the later of the two teacheth further i Ibidem Ingressus religionem si ex sola
libertate retrocedat venialiter tantum peccat He that entred into religion making no vow thereof and afterwards goeth out againe vpon no greater cause then for that he hath a will thereunto sinneth no more then venially Now it only remayneth to know what is a reasonable and iust cause sith no Diuine but holdeth that it is lawfull for any Nouice during the time of his probation to alter and discontinue his purpose of being religious vpon a reasonable and iust cause k Vbi supra Saint Thomas Caietane Siluester and others giue debilitie or weakenes of bodie for instance of a iust cause Which if it be so as I thinke my discreditors will not gainesay then the same cause concurring as it did in amplest manner in respect I was not only some moneths sick in the order but so continued a yeare and more after and did not recouer vntill I had bin some while in England Yea it was misdoubted least my disease being an agew with a swelling and voyding bloud at my mouth would in short space haue ended my life if I had continued fish dyet as of necessitie remayning in the order I must haue done Neuerthelesse neither this or any other weakenes or mightiest oppression of sleepe was the chiefe cause whereupon I left the order but my vnaptnes or truer the impossibilitie I trauelled in for euer learning to sing was that which most of all discomforted me to tye my selfe because being professed and Priested I was bound by the rules of the religion to sing Masse when my weeke came by turnes and lightly some verse alone which I could neuer attaine to This was the principall let this the cause which I tooke and so did Cardinall Allen of good memorie Doctor Stapleton Father Cullume with others to be a most reasonable and iust cause or rather an inforcing compulsion of leauing that holie and most religious order The Apostle Rom. 11. writeth Quis cognouit sensum Domini Who hath knowne the purpose of our Lord I hope he inspired the motion whereupon I made the tryall and I trust also it was not against his good pleasure nor ingratitude or inconstancie in me finding my selfe vnfit to proceede to leaue the same after tryall and experience made of my disabilitie To conclude whatsoeuer my vpbrayders are pleased to write or report of me I would not for a million looking vpon the inferiour and second causes of things but that I had changed my purpose considering that by my returne into England my father brothers and sisters became all Catholicks which morally otherwise was vnlikely and most of them haue sithence indured imprisonment for the cause and my father ended his life in Gloster ioale for the same Againe since that time which is now seauen and twentie yeares past or thereabouts I haue felt that incombrance of melancholy as God knoweth what effect it would haue wrought in me if I had bin sequestred from companie and liued a solitary contemplatiue life Whosoeuer therefore doth or shall mislike me for that I left the Carthusians order I hope to beare his or their aduersions with patience if not with contentment Thus hauing yeelded the reasons of our delay and answered all the obiections of moment that our aduersaries alleage we surcease submitting the whole to the censure of the Catholicke Church and hartily desiring the Reader to informe himselfe of the truth without partialitie FINIS Faults escaped in the Printing Page 25. line 30. for attentiue reade attentatiue page 48. line 35. for we reade well page 82. in the margent for 80. reade 70. page 64. in the margent to the cotation out of S. Leo adde in episto decret 84. ca. 5. page 77. line 27. for one reade our pag. 108. line 14. for Ireland reade Scotland page 110. line 37. for take vigor take that vigor pag. 117. lin 21. for ignorant inference reade an ignorant inference pag. 123. lin 30. for their superiours reade the superiours pag. 149. lin 27. for Blackwell our superiour reade Blackwell to our superiour pag. 160. lin 9. for highly you esteeme reade highly soeuer you esteeme pag. 161. lin 18. for which followeth reade which follow pag. 179. in the marginall note the tenth of Nouember reade the 7. of March page 184. lin 5. for his reuenge reade his reuerence pag. 189. line 3. for other reade oath page 204. line 34. for peccata causa reade peccati causa pag. 216. line 17. for this addressed reade this addresse pag. 218. lin 38. for cum suis reade cuiusuis pag. 232. lin 27. for his writings reade his incitings pag. 239. lin â—4 for yea reade yet pag. 249. in the marginall note for this reade their pag. 256. lin 17. for hath reade haue pag. 272. lin 7. for assistance reade assistants pag. 280. lin 34. for composed reade composer pag. 293. Harum literarum c. should be put after the latine Letter on the other page 292. Of other faults we desire to be his owne corrector and to mend the ill pointing in some places
onely affirmeth that his Holinesse enioyned him by speciall commandement to make peace in our countrie after the example of the peace and quietnesse made in the English Colledge at Rome Which commission or authoritie to make peace is vnlesse we be infinitly deceiued a farre different thing in nature from the authoritie to institute an Archpriest with like ample and exorbitant iurisdiction in our whole Church Verily the proportion seemeth to be so little and the dissimilitude between the meanes of making peace and it the quality of the subordinatioÌ„ the maner of bringing it into our Church considered as there could well no hope be conceiued of peace to follow through the institution of such a subordination except we would make the fathers of the Society our directours and remaine euermore their obseruant pupils If it be replied that the Cardinall wrote in the Letter Constitutiue how in decreeing the subordination he followed the will of his Holines We answere that to follow the Popes will in doing of a thing differeth much from receiuing of a speciall commaundement of doing the same Neither doth it appeare in the Cardinall his Letter that his grace followed the will of his Holinesse in erecting this subordination in specie with the iurisdiction faculties and instructions adioyned nay the contrary seemed plaine in that his Holinesse willed the Cardinall by speciall commaundement as his Grace relateth the words in the Constitutiue Letter to labour the effecting and establishing of peace in our countrie which standing his Holines intention and will could not be but that such a subordination should be ordained amoÌ„g vs as might most auaile to the making and continuing of true peace and in which principall qualitie the new subordination being most defectiue if not part of the faculties annexed of a quite contrary nature what inference more direct then that the Cardinall only followed the will of his Holinesse in the name of a subordiuation a point of lesse moment and not in the substance matter specialties and forme thereof points incomparably more important Which how vnperfect a manner it is of following his Holinesse will we leaue to others to iudge Finally where you father Parsons do say that his Holinesse commanded the institution of the subordination in respect of the diuision and dissention raised in England betweene Priestes and Iesuites or Priestes and Priests we are glad to see you to correct the defaming errour though the whole Realme could reprooue you if you did it not which your selfe inserted in the Constitutiue Letter making the cause of instituting the subordination to be dissention betweene the Secular Priests and the Lay Catholickes And as we are glad of this so may we not omit to note the pollicie that you labouring to erect a subordination concealed that froÌ„ his Holines which was true which most needed reformation to wit great dissention betweene Iesuits and some secular Priests and pretended other vntrue matter viz. strife among the Secular Priests and debate betweene them and the lay Catholickes a most iniurious calumniation And when by this cunning finenesse of masking matters you had obtained your desire that is such a forme of gouernement as your selues made choice of neither comprising your brethren here as it had bene reason it should being the more potent part of the contenders but in steed of this iustice and equality made you and them in truth the electours of our Archpriest and our Archpriest commanded in matters of waight to seeke your iudgement and aduise In the ninth instruction then when matters be compassed and all things that your selues assigned most strongly coÌ„firmed to agnize or colour the former vntruth which as it seemeth could not be but a studied falshood by rehearsing many distinctiue causes is proofe of wit and the more by doing it in such a language as those who by authoritie ought most to punish and remedie the fault cannot vnderstand the abuse For concluding our answere to this sixth obiection we say no more but wish the Composer to arme himselfe with patience by considering these words of holy Scripture qui inconsideratus est ad loquendum Prouerb 13. sentiet mala He that is in considerate in his speeches against another must not thinke but to feele the rebukes due vnto his folly A Seuenth obiection which our aduersaries alleadge against vs is that we being the persons who a In the Apologie fol. 101. went about to erect sodalities to b Ibidem fol. 105. ordaine new associations to c Ibid. fol. 90. make a certaine gouernment among our selues without consent counsell or notice of any Superiors and this to the preiudice of others the most part of our brethren reclaiming and misliking the same And were d Ibid. fol. 100 so seruent in this point to haue a subordination and gouernment among our selues as without all superiours authoritie we would haue set vp our association Did neuerthelesse e Ibid fol. 104 when the institution of the Archpriest came into England and was promulgated by the prudent and godly letters of the Protectour and ordained for conseruation of peace by the highest authoritie that is vpon earth begin hauing resolued to be vnquiet first to stagger and doubt and then to discusse our superiours commandement and lastly to contemne it Which sinne of ours f â—n the letter of the six Assistâ—nts to the Nuncio in FlaÌ„ders 2. of May 1601. §. 7. can no where else be placed but in the highest greece of disobedience seeing it was coÌ„mitted against the supreme Pontifex himselfe and against the dignitie of the whole Romane Court. The obiection is laid downe in their owne wordes as it is to be seene in the places quoted neither haue we wittingly omitted ought that themselues adde of waight to this purpose And now to answere directly hereunto First we acknowledge that some of our companie went about though after and not with like feruour as M. Standish now an Assistant did being the first motioner of the matter and chiefe prosecutor to erect a sodalitie of such as would giue willingly their word and names to obserue certaine rules that should be agreed vpon and deemed fit for the good of themselues and manie other during the present state of things The cause of this proiect were certaine hard speeches which some indiscreete persons either the too zealous followers of the societie or some of the fathers themselues or both gaue forth against the secular Priests in generall that they liked not to liue vnder obedience or to haue other Superiours then the direction of their owne wils Which report put away the working of diseased humours grew chiefly and outwardly of this cause for that many of our brethren in Wisbich refused to accept father Weston to their Superior and to accept such orders as he the said father Weston and his partie wherof many were secret Iesuits and none so ancient either in yeeres or in sufferance for the cause as were
sundry of the other side and of lesser talents also thought fit to appoint To remoue this exception and to let the authors of the report to see in our deedes that we were no such worshippers of our owne wils nor so auerted from the duties of obedience but that we would in the degree that becommed secular Priests both relinquish the one and bind our selues to the other and also to giue helpes and prouocation to our nature dull by inheritance of going the more forward in vertue we thought good if not necessarie to vnite our selues and agree vpon some certaine rules and choise of a superiour for the better obseruing of discipline and the said rules The rules that were set down to be obserued by the sodality intended were first some eighteene as M. Standish can record who taking them to translate shewed them to fa. Garnet not vnlike to other of the societie containing chiefly matter of increasing sociall and mutuall loue and this not onely betweene Priests that should be of the sodalitie but betweene them and all Priests as the rules themselues yet extant in the first draught can witnes namely of surnishing Priests at their first comming of releeuing the needes of other especially of prisoners and persons fallen into trouble or decayed for harbouring of Priests of preaching monethly or catechizing weekely of aduenturing vpon any daunger for sauing or comforting a soule in extreme necessitie being requested thereunto of disliking no one for not being of the sodalitie of declining al such occasions as might breede variance with others especially with the fathers of the societie if any like cause be offered by them to acquaint the superiour of the sodalitie with it that he might forthwith before the matter grew to head or be knowne to many conferre with the Superior of the societie for redresse and a charitable end of the difference of spending daily some time in meditation or in reading some spirituall booke of conferring about difficult and intricate cases and neuer vpon his owne iudgement to resolue such without taking the aduice of other his brethren of making a generall confession euery halfe yeere for the halfe yeare past and of other like points And none of all the rules to bind vnder mortall sinne saue onely that the superior should not incorporate or vow himselfe a member of another bodie before such time as he had relinquished the office If they of the North not knowing what we had done in the South drew other rules or moe what skilled that sith they stood contented to accept of those rules which most voices should approoue and ours of the South not theirs of the North were approoued And now this being the designe intended the cause why it was intended and the breuiate of the rules we aske the sixe Assistants that sent the letter of information to his Holinesse Nuncio in Flaunders against vs we aske father Parsons the writer of the Apologie and so farre as in dutie we may we ask also their superiours by whose allowance the said Apologie was printed what it was that was so greatly amisse either in the circumstances or nature of the designe as might deserue the reproches which the said letter to his Holinesse Nuncio layeth vpon vs for hauing such a purpose When the matter was broken to father Garnet for vnderstanding his liking and opinion in the same he answered that it was the best thing which was taken in hand in all this Queenes time if it could be effected Likewise when the affaire was communicated to father Weston he seemed to like it very well And if they haue since changed their mindes yet we request father Parsons the maker of the Apologie and ou◠Archpriest the allower of the printing thereof and of the Appendix to shew the reason why they terme the setting downe of g Fo◠7◠Rules in Wisbich by the eighteene Priests and the electing of father Weston for h Fol. 73. their Iudge Correctour and Censurer ouer them i Ibidem a holy and quiet purpose and so k Fol. 90. mainely depraue and condemne the sodalitie we intended wheras the rules of that l Fol. 66. Academie or congregation as they call it are neither m Fol 65. more easie or commodious nor more * Fol. 72. auance honest and ciuill conuersation among those that should liue vnder the orders the qualities which the Apologie attributeth to the said rules then were the rules of the sodalitie we went about to make and perhaps not equall to ours in the foresaid qualities and incomparably behind ours in other respects more generall and releeuing the distressed Or howsoeuer their rules exceeded ours in goodnes or ours theirs in that and in forwarding a common good yet it cannot be denied but that we who laboured or rather proposed the instituting of a soliditie did surpasse them in this one point viz. in desisting from prosecuting M. Blackwell M. D. Bauine and M. Tiruit our purpose assoone as we first vnderstood that some two or three of our brethren misliked our endeuors holding it for more charitie to surceasse that for peace and quietnesse sake which might occasion good to our selues and others then by proceeding in a matter we were not bound too to kindle the ire or emulation of a few The like if the greater and better part of the prisoners in Wisbich for so our Archpriest and father Parsons styleth them had bene pleased to haue done as by no perswasion they could be brought vnto O Lord what tumults what broiles what scandall what infinite detraction had there bene left vncommitted And it is worth the labour to note who they were that principally opposed themselues against the institution of the sodalitie albeit none were to be of that companie but with their owne liking and intreatie Doctour Bauen the senior Assistant stood so stifly opposite against the introduction of the sodalitie or association as he letted not to affirme when his opinion was asked therein that if the Pope should appoint a Bishop in our countrey during the present state of matters he would be one that should resist and informe his Holinesse of the inconuenience and hurt which the bringing in of such authoritie would worke in our Countrey And M. Blackwell only of all the Priests in our contrey wrote certaine reasons in dislike and condemnation of the Sodalitie to wit that as by the rules of Phisick and Philosophie it was no wisedom for any who had a long while kept their health by liuing in such an ayre or by feeding on such meates after to change the same ayre or alter their customarie diet and as it is a dangerous errour in ciuill pollicie to seeke to change the forme of gouernement vnder which they haue enioyed lōg peace happines so is it folly or great temeritie hauing liued so many yeares in peace and quietnesse in our Countrey as we haue without any association or other superior to begin now to