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
question of his Graces authority or looking for further proofe then the testimony of his owne word for warrantise therof but such truthes must haue like proues To end all in few words we aske our aduersaries what is our dutie to do if the laity shall refuse to beleeue one two or moe of vs to be Priestes and will not haue communion in diuine Seruice and Sacraments with vs as with Priestes vntill we shew them our Letters of orders or shall otherwise according to law proue our selues to be men of that calling Will they out of their wisedome and charitie giue vs other counsell then to haue patience in the interim and to procure with most conuenient speede satisfaction and legall testimony to their doubts and exceptions No truly well then we not holding our selues bound to admit the subordination vpon credence of the Cardinals word vntill such time as his Grace had either shewed the rescript of the delegation or proued his verball commission or obtained from his Holinesse a confirmation of the authoritie erected what was the part of our Archpriest the societie their adherents to do in this point not as ours was in the former to patient our bearing off and procure so soone as they could one of the foresaid proues for our due satisfaction either a sight of the Commission it selfe or an authentical proofe thereof or else some Papall instrument for testimonie of that which his Grace had brought into our Church and imposed vpon vs. It cannot be denied the cases being alike or rather our case infinitely more demaunding that right of iustice And if this had bene their dutie as the lots changed it would soone haue bene proclaimed then what thankes did we deserue in sauing them that labour and charges and vndertaking to our great cost the discharge of that businesse for them We desire not to be our owne iudges neuerthelesse can we thinke but that our paines therein craued a gentler recompence at their hands then to imprison those that were sent about the businesse and not only to imprison them a thing neuer heard of as we thinke since S. Peter sate first in the Chaire the nature of the affaire considered but to raise most fabulous and sinfull reports of them and dub both them vs with the surnames of all impietie as of faction emulation ambition scandall rebellion highest sacriledge disallegiance to the Sea Apostolicke renegacie from the spouse of Christ and of what not implying turpitude in this kind A strange requitall and so strange as inhumanitie it selfe could hardly deale lesse charitably or more vnconscionably with vs had we bene Iewes or Turkes and the onely drosse of either nation but our Lord Iesus giue vs euer his grace to possesse our soules in patience and incline our disturbers to reuerse at length their most vncharitable slanders the cause and continuing occasion of all the scandalous broile among vs past present and to come We haue bene the longer in refuting this weake and vngrounded reason because not onely the vulgar but father Holthy in his discourse of the 30. of Iune 1601. and diuerse other both of the Laitie and Cleargie Secular and Religious haue it most frequently in their mouths and enforce the obiection as a most mightie and choking argument to conuince what they most ignominiously burden vs withal A Fourth reason that our oppositours bring for proofe and maintenance of the crimes they impute vnto vs is the fewnesse of our number being as father a In his said discourse the 30. of Iune Holthy writeth but twelue or thirteene in all or as b Doctour Haddock and M Array in the libel dated the 10. of Ianuary 1599. giuen vp to the two Cardinals Protector and viceprotector against M. Bishop and M. Charnocke other make the account but ten and c In his letter to M. Bishop the 9. of October 1599. and in the Apologie after father Parsons manner of numbring vs much fewer then ten First let vs admit that these men write a truth as how farre their wordes swarue from all truth it commeth after to be examined yet we are to demaund of them and the rest of our impugners who think the fewnes of our number matter euidence cleere enough to condemne vs by whether the cause we stand in be naught in that we are but fiue ten or twelue which defend it If they say yea as they must or else bewray their own reason then must it follow by force of the same reason that the cause of S. Thomas of Canterbury in defence whereof d Gulielm Neubrigensis lib. 2. ca. 16. no one Bishop adhered vnto him in the whole Realme nay all subscribed to the Articles he stood against was treasonable rebellious or vnlawfull then the cause that Bishop Fisher died for and the causes that infinite other of great Holinesse maintained hauing fewer and incomparably fewer of the cleargie vnited to them in open defence of the same then are now or were at first of our companie were likewise either treasonable or rebellious or vnlawfull which we are sure our aduersaries will not say and yet they cannot but say it if they stand to the triall of the reason they make against it or shall not acknowledge the vnsoundnesse or inualiditie thereof For further satifaction in this point we refer our aduersaries to the dayly iudgement which experience maketh the surest confutation of all other whether the small number of open defendants especially when the sword of authoritie is drawne against the matter or action defended as it is in our case be a sufficient warrantie in conscience for any one of vnderstanding to infer that the cause they stand in is wicked or vngodly or not meete for men of quiet natures or Priests to be seen in Verily the question is so cleare and demonstrated by dayly experience as he that should make doubt hereof might not amisse seem to haue liued out of the world nothing being more frequent in the world then for truth to find fewest defenders when authoritie humane fauour and temporall gaine be her impugners But to vnderprop this weake reason founded vpon our small number father Holthy fortifieth and gildeth the matter in this wise It is Pag. 2. 5. well inough knowne saith he that those who receiued the authoritie farre exceeded the other who deferred their obedience not onely in number being twentie for one but in all things else setting their presumptuous minds and busie heads â—side And it is too too cleare that the refusall came not either of ignorance or infirmitie but of plaine malice of an obstinate will not to obey and from a proud presumptuous mind and seditious spirite Also it is manifest that some of the best among them were euer noted for busie and seditious spirites yea no one of their chiefest almost but he was noted with some particular fault or exception but among their brethren who embraced their authoritie there were many which
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
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
Yet why say we thus sith euen in his booke of Titles he reasoneth as shallowly or more vnaptly making forsooth the successiue raigne of two Queenes immediatly one after another a let and cause why a woman should not succede her Maiestie in the Crowne for that as he writeth our Nation will not endure a third Queene meaning the old Countesse of Darby who was then aliue and ayming perchance also in the speeches at the Ladie Arbella grosly forgetting in the meane how the principall drift of the whole booke tended to the aduancing of anothers title and a forrainer of the same sexe The like feeble reasons he also maketh for discrediting the titles of other great personages But to proceede to answer his other former auowances in our owne matter He affirmeth that to be the Popes Legate is a farre greater case then this of ours is meaning the authoritie of Cardinall Caietane in instituting the subordination and we affirme that a delegate in the cause committed vnto him by his Holinesse as the instituting of the subordination was by his owne words committed to Cardinall Caietane is of greater iurisdiction in the same cause then is a Legate generall And that which we say is the expresse law d Ca. conflituisti de off legat and so interpreted by the best expositors e Speculum de legato § 4. superest nu 48. Is cui aliqua causa specialiter delegatur maior est Legato generali quantum ad illam He to whom a certaine cause is delegated by speciall commaundement is greater in the same then is a Legate generall To which words of Durandus f In ca 2. de offic leg nu 6. Panormitane g In ca sane 2 de offic delegat nu 1. Iohannes Andreas and h Ibid nu 1. Felinus most agreeably consent Yea we adde that the iurisdiction of Cardinall Caietane was not onely superiour and greater in the cause committed then the iurisdiction of a Cardinal Legate in the same if there had bene any such resiant in our country but that the iurisdiction authoritie granted vnto his Grace therein was farre more ample then custome or the constitutions of holy Church do allow to a Cardinal Legate as is to be seen by comparing the faculties which his Grace subdelegated to Maister Blackwell with the iurisdiction that i De Legato § 4 superest Durandus k Titut de legato Staphilus l Lib. 1. de institu iur can Tit. 15. Cucchus m De statu Ill ◠Leg. nu 4. Zecchius and other that particularize these seuerall iurisdictions ordinarily belonging to a Cardinall Legate For what Cardinall Legate can giue authority to an Archpriest to remoue Priests frō out the houses where they are harboured of charitie know not how otherwhere to hide their heads Againe what Cardinall Legate can subdelegate authoritie to an Archpriest to recall faculties graunted by the Pope himselfe Iurisdictions surpassing the ordinarie authoritie of any Legate But of these and some other like more will be said in the next reason Further the religious man affirmeth that the Cardinall testified and Fol. 108. 114 professed to vs the whole world in his letters patents vnder his hand and publike seal that he instituted the subordination by special commandement of his Holinesse Alas what needed this amplifying of words or vntruths rather For first how can it well be verified that his Grace testified and professed so much to vs and the whole world when he neuer wrote a word of that or of any other matter vnto vs and addressed the Constitutiue Letter by name to M. Blackwell onely Againe how can it be truly said that he testified and professed it in his Letters patents and vnder his publicke seale when the Constitutiue Letter came close sealed according to the Romane fashion of sealing missiue Letters with a labell A particular which I seeme very perfectly to remember and the more perfectly by this token viz. that when M. Blackwell shewwed the said letter vnto me to reade he bid me beware of brusing the seale Which wordes the Letter being foulded vp and consequently the seale not to be seene that was put too in the inside after the subscription made me to vnderstand them of the seale which I saw on the backe of the letter remaining the labell being cut and the seale not touched when the letter was first opened faire in his full print or purtraite Notwithstanding because our memories may deceiue vs we will not stand vpon it nor was it alleaged to the end to weaken thereby the validitie of the contents of the Constitutiue Letter the force therof Tholcsanus in Tit. de rescript li. 1. ca. 2. nu 13 being one and of equall degree whether the same came patent or close sealed Neither was the said Letter euer denied by any to be the Cardinals Letter though we al did most assuredly a certaine our selues that you father Parsons had the sole penning thereof and not of the Letter alone but of the instructions and additions also The only cause why we touch these is least some hearing the Constitutiue Letter to be named Letters patents may thereupon imagine it to be of such irrefragable authoritie as the word signifieth in the lawes of our Realme And perchance not to vnlike purpose was that added which followeth vnder his hand and publicke seale to the end that others reading the wordes might conceiue the seale fixed to the Constitutiue Letter to be the seale of some publike office and therfore great rebelliō to disobey or except against any iot of the contēts And as by these we wold not deny but that the Canonists affirm the known seale of a Cardinal to be an authentike seale to make the contēts of the letter whereunto it is put of a very reuerent and singular respect so likewise it is certain that the same Canonists affirm that a letter signed with a Cardinal his seale cōtaining matter preiudicious to another receiued by Commission from his Holinesse ne doth nor can claime Panorm in ca. quod super de fid◠instrument nu 5. and the other Authors quoted fol. the like soueraigne credite as the parties preiudiced remaine obliged either by law or conscience to obey the same Marie that a Cardinall his seale is called a publicke seale as father Parsons phraseth it is more as we thinke then he euer read or Canonist euer wrote But the truth of the other assertion to wit the Cardinall testified and professed to vs and the whole world that he instituted the subordination by speciall commaundement of his Holinesse is more doubtfull by much as being vnder the checke and controlment of so many as shall happen to reade the Constitutiue Letter For in what place thereof can so much or halfe so much be shewed vnlesse the letter must be read with spectacles that haue vertue to make that to appeare to be writtē therin is not The Cardinall
expresly contrarie to his Holinesse Breue O Lord Christ O Sir our Superiour who are we or what may our cause be that not to be adiudged renegates from the Sea Apostolike or traitors to God by sinne must be accounted a preiudice to the dignitie of the sea Apostolicke strange and so strange as it astonieth You say that the sentence clearing vs of schisme and sinne is expresly contrarie to his Holinesse Breue We beseech you to quote the wordes to shew the place for if it be expresly contrarie as you say then the contrarietie must needes consist in plaine termes not in deductions or inferences vpon the tenour or purport of the Breue Or if this much be not to be shewed as al the labor vnder heauē can neuer shew it because neither of the two wordes schisme or sinne is vsed in the Breue nor we that prolonged the yeelding of our obedience any where specified in the same we then pray you to frame the arguments which conclude and infer so much For verily we for our parts do not see as is said before * Pag. 109. 110 111. in the place where we haue discoursed of this very point how any such inferēce cā with vnderstāding be made Or if vnderstāding be mis-led to make such an inference yet we protest that we cānot cōnceiue how the authorities that contradict the verity of such an inference which we haue alleaged * Pag. 58. sequentibus before cā possibly be answered or colourably shifted off Or were all the Canonists deceiued their authorities worth nothing yet if M. Blackwell be such a superiour Prelate as is contained vnder the wordes of the former Extrauagant and as his former faculties and largest iurisdiction must in all reason make him then is it dead sure that no such inference can be made because that cannot be schisme or sinne which the Extrauagant decreeth and commaundeth to be obserued vnder the paine of leesing the fruites of their ecclesiasticall liuings that shall presume to transgresse the precept And as we cannot conceiue how the censure of the Vniuersitie could be preiudiciall to the dignitie of the Sea Apostololicke or expresly contrary to his Holinesse Breue so can we lesse imagine how the same censure can be reckened preiudiciall to our common peace so much wished for by his Holinesse vnlesse our purgation of schisme and sinne be such a barre or aduerse hinderance of peace as the one cannot stand or be effected except the other be repealed Which lacke of charitie howsoeuer it may sort with the kind of peace that perhaps some of our aduersaries affect whose passion of ouerweening of themselues is so puissant as they can hardly if at all count that peace for peace wherein our discredit is not proclaimed yet we are sure that the stiffe seeking of our dishonour cannot sort with that peace which his Holinesse wisheth to be among vs. For this being a charitable peace charity not reioycing 1. Cor. 13. vpon iniquitie but reioycing with truth the fathers of the Societie especially our Superior should rather congratulate that we were acquited by publike sentence of a famous vniuersitie in the crimes obiected vpon errour then by opinionatiue defending their rash and temerarious iudgement make nouissima peiora prioribus their last actions worse Math. 12. then their first against vs. Concerning the other reason which our Archpriest alleageth also as part of the cause why he did so seuerely prohibite the defending of the censure of Paris viz. for that the same was preiudicial to the sentence iudicially giuen by the two Cardinals appointed iudges in our cause we know not where to take the first exception the whole and euery word thereof lyeth so loose and open Father Parsons in the Apologie will Fol. 133. not haue the said sentence giuen so much by way of a iudiciall sentence as by way of a letter vnder the two Cardinals their hands and seales So that if we may beleeue father Parsons the sentence was not iudicially giuē Neither were the two Cardinals appointed iudges to decide whether our deferring for the causes rehearsed in the question to receiue M. Blackwell our Superiour vpon view of the Cardinals Letter were schisme or sinne the matter meerely considered in it selfe abstracted from all circumstances nor yet were their Graces appointed iudges in the cause of any one of our whole companie saue only in the cause of M. Bishop and M. Charnocke as the title of the decree and the decree it selfe doth witnes Againe their Graces sentence doth not signifie that they inflicted the punishment vpon our said two brethren for refusing to subscribe to the new authoritie or for comming to Rome because there is no such thing set downe nay the contrarie is expressed in that the causes for which they were restrained from comming into England or for going into the kingdomes of Scotland and Ireland were onely as the words of the decree do testifie for maintaining controuersies with other men of their owne order and for that it appeared in no case expedient for the English cause that they should returne into England Now to mainetaine controuersies with other men of their owne order and to appeare not to be expedient that they should forthwith returne into England are things different from deferring their obedience to the Archpriest and from sending or going to Rome for fuller knowledge of his Holinesse pleasure and to lay open our difficulties vnto him Besides if the cause in which the two Cardinals were appointed Iudges See more of this point pag. 101. sequentibus was the refusall to subscribe to the authoritie of the Archpriest instituted by the Letters of Cardinall Caietane and for sending to Rome then was Cardinall Caietane appointed iudge in the cause that most nearely concerned himselfe a thing against law and so intollerable in the ministring of iustice as his Holinesse would neuer haue assigned him iudge therein nor the Cardinall for edification sake haue vsed the office especially in designing the punishment Or to grant which is no more so then a foxe is a fearnebush that the two Cardinals had giuen sentence in the same cause before and otherwise then did the vniuersitie What then must the censure of a renowned vniuersitie one of the most famous in Christendome be so lightly set by abandoned detested and that in a matter of fact as whosoeuer shall either defend or maintaine it directly or indirectly in word or writing must if he be a priest be presently in the fact it self suspended from diuine offices and leese his faculties or if such a delinquent be a lay Catholike he must in like manner be interdicted ipso facto A rigour as the like whereof all the Annales and records of all the Prelates actions since Christs time hitherto cannot as we assure our selues yeeld one instance or neare example But that which of all other points in the decree seemeth to be most out of rule
our rights or of the See Apostolick or against the rights of what other Churches soeuer Now whether the state of ecclesiasticall libertie by the foresaid Decree of our Arch-priest especiallie expounded as himselfe enlarged it and is before set downe be either disanulled impeached diminished or any way directlie or indirectlie implicitiuely or expressely streited we leaue to others to iudge when as the same Decree forbade vs vnder threat of suspension from diuine offices and forfet of all our faculties either to seeke or giue voices in any cause soeuer without his consent and leaue and that we should not collect and ioyne voices in making an Appeale to his Holines vnlesse we haue his assent thereunto and hath sithence punished our attempt therein both by declaring that we incurred the foresaid censure and penalties in breaking his Decree by subscribing our names to the Appeale and by suspending and taking away our faculties for the same cause as the foregoings do most manifestlie conuince and hundreds beside can witnes Tenaunts oppressed by their temporall Lord may without his licence by all lawes conferre and combine themselues in one complaint for reformation of their iniuries likewise subiects receiuing wrong through the ignorance or corruption of any vnder officer or vicegerent may vnite themselues giue and gather names for manifesting their pressures by way of Supplication to their Prince and Soueraigne without the parties consent or priuitie who vniustly afflicteth them yea the contrarie in either example or infinite moe that might be alleaged to the same purpose were plaine tyranie in the secular state And if in the ciuill regiment these things be alike lawfull and sometime necessarie can they be vnlawfull or may they possiblie be prohibited in ecclesiasticall gouerment and the rights of ecclesiasticall libertie not infringed No no the matter is plainer then it can be doubted of And if so then did our Archpriest as we feare and some other cooperators who are comprehended vnder the Canon of Vbi supra Honorius incur excoÌ„munication in the nature of the fact and because the said decree is not yet cancelled nor reuoked but rather still extended against vs we thinke further that his Reuerence after absolution falleth againe so often into that censure as he maketh vse of the decree against vs which hath bin not seldome And it is strange that the nature of the decree considered which can by no shift of wit be truly salued from being against the rights of ecclesiasticall libertie our Archpriest was not afraid to let passe in a common letter vnder his hand 28. of NoueÌ„ber 1600. seale that the aboue mentioned part of the decree containing such od stuffe was confirmed by Cardinall Caietane in his life time A report which for the distaine it bringeth to the dead we should not beleeue Or if it be true yet we hope it was but a slye finesse of father Parsons winning the Cardinall to confirme what his grace looked not into for that no Cardinall whosoeuer hath authoritie to decree any such extremitie But howsoeuer the same was it can not but witnes a very seuere course intended when such a decree importing if we mistake not the case sacrilegious iniustice was beforehand deuised ratified A Fourth chief particular wherein our Archpriest seemeth to haue transgressed the lawes of holie Church is in that many of vs ioyning in one appeale and alledging the same causes his Reuerence admitted the Appeale for one reiected it in the behalfe of all the rest For either the said Appeale was iust or vniust in respect of vs all or none in that we were all vnited in the action yeelded the same reasons And if vniust then did our Arch-priest violate the sacred canons in approuing it towards one because they prescribe that when the appeale is vniust the Superiour should not defer thereunto g Ca. cum appellationibus eod tit lib. 6. idem habetur cap. cuÌ„ speciali § porro Appellationibus friuolis nec iustitia defert nec est à iudice deferendum Neither doth iustice allow friuolous appeales nor ought the Iudge to admit them And the Glosse h Ibidem goeth further Iudex à quo non debet deferre appellationi friuolae quae interponitur sine causa vel causa est irrationabilis aut est falsâ— imo si deferat peccat mortaliter The Iudge from whom Appellation is made ought not to admit a friuolous Appeale which is interposed without a cause or vpoÌ„ an insufficient or false cause nay rather if he defer thereunto he committeth mortall sinne The like hath i In ca. de priore de appel nu 2. Panormitane though not in so plaine termes and Siluester k Verb. appellatio nu 13 calleth the deferring to an vniust appeale malice and imprudency And the reason why it is sinne is plaine because in receiuing an vniust appeale the course of iustice is broken and iniquitie patronised Of the contrary side if the appeale were iust then did his Reuerence more grieuously offend in not admitting the same l 2 q. 6. decrâ—to Note the punishment and censures of not admitting a iust appeale Si à quoquam secus praesumptum fuerit ab officio cleri submotus authoritatis Apostolicae reus ab omnibus iudicetur ne Lupi qui sub specie ouium subintrauerunt bestiali saeuitia quosque audeant lacerare He that shall presume sayth Pope Gregorie the fourth to reiect a lawfull and iust appeale ought to be put from his office and of all men to be iudged guiltie of contempt against authoritie Apostolicall least Wolues that priuily entred in Sheepes clothing should not feare to vexe and torment others with beastlie crueltie Which vniustice of not deferring to a iust appeale m Ca. de priorâ— de appell Pope Alexander the third tearmeth a grieuous excesse and prescribeth that he who should presume to commit the offence is if the appeale were made to the Sea Apostolicke to be sent to the court of Rome there to satisfye and be punished for the transgression Or if finallie the appeale were neither apparantlie iust nor vniust but doubtfull as how it could so appeare we do not see because the causes alleaged therein were most weightie demonstratiue and proued by seuerall testimonies out of Maister Blackwels owne letters and other his writings yet do the n Ca. Cum speciali de appell § porro Canons in this case appoint the Iudge to receiue the appeale as both the o Glossa in ca. Sacro de sent excom verb. â—â—bitari Durandus de appell § 9. nu 5. Panormita in ca. vt debitus de appell nu 30. VVamesius â—od tit in ca. de priore nu 7. expositors of the lawe and p Siluester verb. appell nu 13. Summists testifie Si iudex de legitimatione appellationis dubitat q Vbi supra debet r Vbi supra tenetur differre If the Iudge doubt of the lawfulnes
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