is voyd and of no effect And Panormitane writeth z In ca. vestra de coha cleri nu 18. Quandoque potest competere aliqua defensio quod est quasi regulare tunc requiritur citatio aliàs sententia non valebit Sometime in facts that are notorious there may be place of defence which is very common and then citation is so requisite as without it the sentence is of no validitie By which places and others before quoted it is very plaine that our Arch-priest did not only exceede the bounds of the Constitutiue Letter in the manner of taking away our faculties but that he did also breake the lawes a Clem. ca. pastoralis de re iudica of Nature and holy Church in such his enterprise and the fact neuerthelesse of no obligation which may also be confirmed by other arguments There is nothing lesse doubtfull either in the b 12. q. 5. c. 1. ca. 1. de causa poss prop. tit vt lite non contesta per totum Canon or c L. fi c. si per vim siue alio modo l. 2. Ciuill lawe then that no one can be depriued of the thing he possesseth without iudiciall examination and triall of the cause Which without question holdeth also true as d In ca. accepta de rest spo solut oppositionis octauae nu 18. 19. Pagi 223. Nauar writeth in ecclesiasticall rights So that the possession and vse of our faculties being vnto vs in steed of benefices and in a sort couenanted for and deserued as it hath bin before shewed it followeth directlie vpon the same reason that we cannot lawfully be dispossessed of our faculties before we be heard and iudiciall examination had of the offence for which they are to be taken away But of that which may not lawfully be done there can be no neede or necessitie which are the limits and direction when our Arch-priest may take away faculties as appeareth by the Cardinals letter therefore this not obserued but exceeded e D. Tho. 22. q. 60. art 2. 6. Ricardus in 4. dist 18. art 4. q. 4. Pag. 25. his fact therein may easily be mortall sinne to himselfe but neuer of any effect in vs because if he goe beyond his commission he goeth beyond his iurisdiction and going beyond his iurisdiction his fact is of no force nor obligation but absolutely voyd in it selfe as the fourth and fifth propositions teach Againe the Diuines and Canonists agree that regular or religious Priests being once allowed by the Bishop to heare confessions cannot againe be imbarred thereof but f Henriques li. 3. de poeni ca. 6. nu 6. Benedict 11. in Extrauag inter cunctas Pius 5. prop. mot pro mendic Sotus dist 18. q 4. art 3. Siluest verb. confess 2. nu 11. causa cognita probata vpon examination and proofe of the cause pretended Much more then the priests in England being sent with like danger of life into our country and hauing no other meanes of procuring harbour or maintenance then by vse of their faculties nor any way inabled so much to reclaime or profit others as by exercise of that function should not nor cannot by any lawe or rules of conscience and the more for that also the losse of their faculties is a defamation vnto them be depriued of their faculties but vpon iudiciall examination and tryall of the cause and crime obiected Hence as by other perticulars the iniustice and oppression of our Arch-priest appeare great in dispossessing vs of our faculties onely vpon the bare naming of a cause without citation or proofe of the cause alleaged a course contrarie to lawe diuine and ecclesiasticall and contrarie to the forme of all practise in the christian world Which measure also becommeth the more ouer-running in extremitie and iniustice towards vs in that his Reuerence notwithstanding the long want of our faculties would not restore vs to our former state vpon the order and commaundement of his Holines Nuncio in Flanders to whom himselfe assigned me in his dimissories as to the Iudge of my appellation a more direct and lesse iustifiable kind of disobedience by many degrees then we can be charged with notwithstanding the condemnation and outcryes that haue bin made and continued for a long space most violently against vs. The words of the Nuncio his letter vnto him belonging to this point were these Eo casu mittendi aliqui erunt sufficienti procuratorio authoritate ad ea quae hanc in rem necessaria erunt peragenda instructi si profectionem rationes negotia admodum R d◠D. V. incumbentia non admittant interim eam monitam rogatam cupimus vt interea temporis omnia in antiquum statum reponentur To the end that all matters may be examined and discussed before the Priests that are come from England go forwards in their iourney to Rome some are to be sent with sufficient information and authoritie for accomplishing the things that are hereunto necessary if your Reuerences charge and affaires may not suffer your personall repaire vnto me in the meane season whiles these matters be a treating we admonish and will you to set all things in their old state Some weeke or more after I had sent the Nuncio his letter vnto our Arch-priest and receiuing no answere from him I addressed the Letter following Very Reuerend Sir I Sent you some few dayes past a Letter from his Holines Nuncio in Flanders with a copie of an other of his to the Priests of our Countrie in generall I doubt not but that you haue receiued them and receiuing them not I alone but other also of my brethren do maruell the contents and the solemnitie of the feast considered that we haue not as yet heard from you By reason of which delay these are very earnestly to beseech you to aduertise vs whether you determine to restore vs to our former state as his Honour in the said Letter directed and willed you to do Which due of iustice we expect the more to receiue at your hands in regard the thing his Grace 3. q. 1. in multis ca. eadem q. 2. ca. Oportet ca. Si Episcopus enioyneth you is none other then what the Canons of holie Church not vnstrictly commaund the vse of our faculties being vnto vs in lieu of Ecclesiasticall liuings and the meanes of our maintenance Let vs therefore we againe beseech you good Sir vnderstand your full mind in the point and receiue notice of the time you assigne for the appearance of some of the Appellants before the Nuncio there both to answere to that your selfe or your Procuratours shall obiect and to proue the auowances in the Appeale and other iniustices receiued that so his Lordship hearing both parties face to face may the more maturely iudge and relate to his Holines at full to whom other of our associates in the action are gone the beginning processe and true causes of
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
suspending and * * Because as Nauar writeth li. 5. cons de sent exco cons 65. nu 5. that no one can be declared excommunicated suspended or interdicted without summōs and being heard before and if without these he be declared the declaration is none by the law it selfe declaring me to be interdicted without citing me before Thirdly that being the imposer of these heauie censures you would not refuse to acquaint me by what lawe or right you can hauing admitted my appeale take this seuere course so infinitely both to my owne hurt and to the temporall and spirituall domage of many others Fourthly to instruct me by what rule of conscience you charge me with fraude and so grieuouslie punish me for the same making it a cause of inflicting the censures for that * * M. Thrensham maister Cope and M. Button who sithence haue renewed and sent their seuerall appeales to maister Blackwell three names were put to the appeale which the parties themselues whose names they were do now deny to haue yeelded their consents thereunto wherein I am as free be it true or be it otherwise from all fault the setting downe of their names being no acte of mine as your selfe or any man in the world You say because I sent you the appeale a weaker colour could not be set out I expect a better reason or else I must thinke the iniurie to be most great That M. Trensham was put downe in the appeale by the name of Potter this being the name whereby he was vsually called both in Rome and Wisbich and taken to be his right name is so light an errour as amongst the wise not worth the reckning of I desire to receiue your answere and satisfaction to these and in writing as you deliuered my rebukes Or if you meane not to deale so charitably with me I would by these aduertise you that there is small reason why I should make scruple to serue God in wonted manner Our Lord forgiue you and father Garnet if his aduise be to these afflictions as without his aduise one of the Instructions directeth you not to do any thing of waight I leaue not mistrusting but when the extremities are truly knowne a good part of Christendome will cry shame vpon the iniustice and measure Tenth of March when I receiued yours 1600. Your Reuerences Iohn Colleton M. Blackwell either disdaining or not thinking it meete notwithstanding the iust petitions of my letter to returne me answere wrote a letter to M. Iackson for him to shew vnto me which was also diuulged in the North God knoweth in what other parts of our realme if not euery where In which letter after it had phansied his reuenge to call me the sonne of Beliall and to apply these places of scripture vnto me ab immundo quid mundabitur a mendace quid verum dicetur Et Eccle. 34. 14. qui sibi nequam est cui alij bonus erit What shall be clensed by the vncleane and what truth can be spoken by a lyer And he that is wicked vnto himselfe to whom will he be good He goeth on and vseth these words But my authority in interdicting is denyed when it is euident both His letter to M. Iackson the 18 of March 1600. by the letters of mine institution and also by the Breue that I may inquietos paenis coercere ecclesiasticis and that I am appointed Archipresbyter Catholicorum Anglorum pro foelici gubernio regimine ac mutua dilectione catholicorum c. The wayward man is to know that the Canonists agree herein that qui habet iurisdictionem in foro externo potest infligere censuras yea he may reade that Praelatus inferior Episcopo potest facere statuta penalia contra subditos statuendo paenam ad eius arbitrium Zab. in Clem. Cupientes § quod si de penis Againe that Praelatus singularis habens iurisdictionem potest ponere interdictum c. Zab. in Clem. ex frequentibus § quod etiam de sent excom Moreouer Praelati inferiores Episcopo possunt praescribere iura quasi Episcopalia in sibi subiectos c. Zecch de Repub. ecclesiast de praelatis in genere ca. 1. nu 6. His bookes may teach him what I may do ex iure communi if other sufficient warrant wanted My ground I rest vpon in declaring him to be interdicted without Citation before is to be foūd out of Siluester verb. Citatio nu 5. Write to him and to M. Clarke I mind not vntill I write to punish them farther c. Hitherto the words of M. Blackwell and for more perspicuitie we will accommodate and distinguish our answere by parts according to the parcels of his proofes and allegations First where as his Reuerence affirmeth that both by the letters of his institution and by the Breue he may correct the vnquiet by ecclesiasticall penalties we graunt it to be true Neuerthelesse if he will infer hereby as he must or else what he saith is to no purpose that therefore he hath authority to suspend from the Aultar and to interdict we deny the consequence And the words immediatly following in the Cardinals letter do vtterly contradict any such illation in that they limite and specify what penalties these should be namely ablatione facultatum vel suspensione either by taking away of faculties or by suspending the vse of them as it hath bin proued before Neither is there any one word of suspending from the Aultar or interdicting either in the Constitutiue Letter or his Holines Breue Againe let the word suspending be extended contrarie to the tenor of the Cardinals letter and the circumstances of the place to signifie the ecclesiasticall censure of suspending from the practise of all diuine functions as our Archpriest would enlarge it vnto yet neuerthelesse how can the censure of interdict which he hath imposed vpon certaine of our company by name aswell as the censure of suspension be vnderstood to be contained vnder the limits of his authority when neither the letters of his institution nor his Holines Breue do expresse or imply in generall or particular termes any such iurisdiction as may be seene by euery one who will but reade the said letters and Breue And here we can but note the indirect or deceitfull dealing which is offered in citing places so by halfes for proofe of the things they would prooue against vs as if they did not maime or diuide the sentence by leauing out words which immediatlie follow in the place the very same authorities which they alleage for proofe of matters against vs would most disproue their owne sayings For example After that our Archpriest had interdicted some nine of vs by name I wrote vnto him the aforesaid letter requesting his Reuerence to aduertise if he would haue vs to obey him therein by what authority he inflicted the like Censures vpon vs because neither the Constitutiue letter nor the additiōs annexed thereunto did giue
shall be absent or dead or taken or imprisoned or departed out of England or letted by infirmity sicknesse or any other iust impediment whereby he cannot fulfill his office or shall not well demaine himselfe therein we giue you power to substitute another in his place so that afterward you aduertise vs thereof by your Letters But if the Archpriest him elfe dye or leaue England or shall fall into the hands of his enemies so that he cannot conueniently exercise his function then let the auncientest of the consultors who at that time shall reside in London or nearest to London execute the office of the Archpriest vntill we vnderstanding thereof assigne another Finally you ought chiefly to know that which before we haue touched his Holinesse principall intention and mine in these affaires to tend to this end that Ecclesiasticall discipline so much as due consideration of times and persons will there suffer be maintained and aboue the rest peace and vnion of minds and concord betweene brethren and Priests particularly also with the Fathers of the society of Iesus that haue laboured together with you in one vineyard The which thing his Holinesse vouchsafed of late with his owne mouth in my presence earnestly and instantly to giue in commaundement to certaine Priests departing from hence into England neither without iust cause For these Father 's not onely here and otherwhere do with courage and diligently trauell for supporting the English cause by erecting Seminaries by instructing youth by cherishing the needy and by very many other meanes but also in England too they prosecute the same deeds of charity and this euen to the sheding of bloud as the euent and deeds haue demonstrated And whereas they VVould this were true haue no kind of iurisdiction or authority nor pretend to haue ouer the secular Priests neither any way to disquiet them certes it seemeth to be a manifest subtilty of the enemy and deceipt of the diuell complotted for the ouerthrow of the whole English cause that any Catholike should practise or stirre vp emulation against them when contrariwise all affection and reuerence is rather to be shewed towards them whereby they may with the greater alacritie embrace the residue of the Priests as hitherto with good offices benefits and altogether with fatherly charity and so with vnited minds and labours this most holy worke be set forward Wherefore if there shall be any who goeth about to weaken this concord your duty shall be to note him according to the precept of the Apostle and intention of the Sea Apostolicke that either he may be reformed by admonition or by discipline corrected The residue if there shall be any remaining shall either be specified in the instructions adioyning to these or written hereafter when we shall vnderstand by your letters what further things you there want Wherefore to conclude I do not know with what words better to speake vnto you then with those which the Apostle so often vsed to his in the like cause and perchance not in vnlike occasion nor time Be of one mind haue peace And yet more instantly If there be any consolation in Christ if any solace of charity if any society of spirite if any bowels of commiseration fulfill my ioy that you be of one meaning hauing the same charity of one mind agreeing in one nothing by contention neither by vaine-glory but in humility each counting other better then themselues That euery one not considering the things that are their owne but those that be other mens If you follow this rule and exhortation of the Apostle all things shall be safe vnto you and glorious as hitherto If ye suffer your selues to be throwne downe by the wiles of the enemy from this stability of concord yours and your owne countries cause will dash vpon great rockes which God auert and euermore defend you and I very hartily commend me to your prayers most louing fathers and brethren and Christ his most reuerend Confessors Rome Your Reuerences As a most louing brother Henry Cardinall Caietane Protector The Cardinals second Letter Henricus Cardinalis Caietanus S tae Rom. Ecclesiae Camerarius Angliae Protector c. admodum R do ac dilecto in Christo Georgio Blackwello Angliae Archipresbytero salutem in autore salutis ADmodum R de ac in Christo dilecte vti frater Vehementêr sane delectati sumus ijs literis quas satis frequentes ad me his diebus tum charitas tua tum consultores etiam tui Presbyteri assistentes alijque viri graues non pauci dederunt de iusta laetitiae communique approbatione subordinationis illius quam S mus Dominus iustissimis pijssimisque de causis per nos in Clero isto Anglicano instituendam curauit hoc enim à virtutis vestrae singulari opinione vitae quoque professione excellentis expectandum omnino erat vt qui ad restituendam Christi Vicario sedique Apostolicae obedientiam debitam tot pericula ac labores obitis ipsi obedire eiusdem S ta sedis ordinationibus non recusetis sed alacri potius animo quod fecistis summi pastoris vestri statuta ad vtilitatē pacem corroborationem vestram edita obuijs vt aiunt vlnis amplecteremini Itaque ex hac vestra bonorumque omnium presbyterorum adeo prompta hilarique obedientia quam literis contestati sunt cum S mus Dominus tum ipse etiam pro officij mei ratione ac eo praeterea quem in vos sentio singularem amorem gaudium profecto atque aedificationem non mediocrem accepimus quam optassem quidem perpetuam vel certè diuturnam Sed posterioribus quidem nuncijs turbari aliquantulum cepit cum esset perlatum quosdam vti fieri solet refragari cepisse ac contentiones ciere conuenticulae quoque agitare vt superiorum mandata in questionem vocentur Tandem denique ad S tem suam per ministros in partibus borealibus vti videtur existentes significatum est duos ex Anglia presbyteros à tumultuantibus his emissos iam esse qui huic subordinationi Ecclesiae Anglicanae S tu suae iussu institutae contradicant De qua re factus certior S mus permolesto animo prout aequum est accepit voluitque plenius de perturbatoribus informari Cumque charitas tua nihil adhuc certi hac de re neque de hominum istorum moribus vel actionibus ad nos scripserit quod tuae sanè modestiae ac pietati tribuitur ne facilè ad fratrum descendas accusationem nunc tamen S mo id postulante vt informatio debita de omnibus habeatur faciendum tibi erit omnino vt rerum veritas per te patefiat acceptis ad nos transmissis quo ad commodè ac sine periculo fieri poterit bonorum tecum conspirantium sententijs ac reluctantium etiam separatim not at is nominibus causisque percensitis quas reluctationi suae praetendunt Quod vt facilius
citiusque ex nostrae ordinationis authoritatè persicias hoc tibi caeterisque presbyteris iniungimus vt statim ac diligenter fiat Variaque harum literarum authographa ad te mittenda iussimus quo facilius multis ad rei peragendae breuitatem ostendi possint Dominum praecantes vt magna bonorum snorum abundantia vos compleat pace veraeque charitate quae perfectionis omnis vinculum est dignos efficiat Neque defatigemini animis vt Apostolus hortatur si difficultates ac contradictiones nonnullas in hoc vestro regimine experiamini id enim vel optimis semper Ecclesiarum rectoribus ab initio contigit idem Apostolus ipsius Christi Domini exemplum vobis proponit Qui talem inquit sustinuit à peccatoribus aduersum semetipsum contradictionem Sed omnia tandem ipse Dominus pacabit fluctusque exurgentes compescet vosque de laboribus vestris ac patientiae cumulatè remunerabitur Ipse vos custodiat semper Romae die decimo Nouembris Anno 1598. Vti frater Henricus Cardinalis Caictanus Protector The English Henry Cardinall Caietane Chamberlaine of the Church of Rome Protector of England c. to the very reuerend and beloued in Christ George Blackwell Archpriest of England greeting in the author of health VErie reuerend and beloued in Christ as our brother vndoubtedly we tooke singular great contentment in the frequent letters which both your charity your consultors the assisting Priests and many other graue men sent vnto me of late concerning the iust gladnesse and common approbation of the subordination which his Holinesse vpon iust and godly causes appointed to be instituted by vs in this English Cleargy This truly was alwayes to be expected as well from the singular opinion of your vertue as also from the profession of your excellent life that ye who vnder-go so much danger and take so great paines in againe-restoring due obedience to the Vicar of Christ and Sea Apostolike your selues refuse not to obey the ordinances of the same holy Sea but rather with chearfull mind as you haue done you would imbrace with open armes as the Prouerbe is the appointments of your highest Pastor decreed for your profit peace and to make you strong And so vpon this yours and all good Priests their alike ready and ioyfull obedience and which they testified by letters both his Holinesse and my selfe as the duty of my office required and for the loue beside which I feele to be singular towards you tooke certes no meane ioy and edification which I could haue wished to haue bene perpetuall or of long continuance But vppon later intelligence it began to be somwhat disturbed when newes came that some as it is wont to happen enterprised to repugne and to raise vp contentions also to make conuenticles to the end to call the commandements of superiours into question Finally in processe it was signified to his Holinesse by Ministers abiding as it seemeth in the North parts that two Priests were sent out of England by the tumultuous which contradict this subordination of the Church of England instituted by commaundement of his Holinesse Of which thing his Holinesse being aduertised he tooke it as it was meete very grieuously and would be more fully informed of the perturbers And sith your charity hath not as yet written any certaintie vnto vs of this matter nor of the manners actions of those men which doubtlesse is attributed to your modesty and pietie as one who is not easily moued to accuse his brethren yet now his Holinesse commanding the same that due information be giuen of all you must needs labour that the truth of things be layd open by you in taking and trasporting vnto vs so farre forth as conueniently and without daunger it may be done the iudgement of those good men that accord with you and in noting the names of the contenders apart and in signifying the causes which they pretend of their reluctation The which thing that you may by the authority of our ordination performe with the more ease and speed this we enioyne you and the rest of the Priestes that it be forthwith and diligently accomplished And we haue commaunded that many copics of these letters be sent vnto you to the end they may be shewed to many for quicker dispatch of the affaire beseeching our Lord to fill you with the great abundance of his blessings and make you worthy of peace and true charity which is the bond of all perfection Neither be you wearie fainting in your mind as the Apostle exhorteth if you meete with some difficulties and contradictions in this your Regiment for that hath alwayes chanced euen from the beginning to the best gouernours of the Church and the same Apostle proposeth vnto you the example of Christ himselfe our Lord Which saith he sustained of sinners such contradiction against himselfe But our Lord will appease all things at last and allay the swelling God grant it sourges and reward you abundantly for your trauels and patience who alwayes keepe you Rome 10. of Nouember 1598. As your brother Henry Caerdinall Caietane Protector The Reasons whereupon we delayed to admit the Archpriestes authoritie vntill the arriuall of his Holinesse Breue The first Reason FIrst it appeared manifest vnto vs euen by the very expresse words of the Cardinals Letter by which his Grace instituted the subordinatioÌ„ that the same was procured by wrong information and consequently voide and of no force to bind vs to the acceptance thereof We say voide and of no force because seuerall Canons do so forcibly vndo annullate whatsoeuer is procured by wrong information as they make surreption that is as are the wordes of the law a Ca. super literis de rescrip when a truth is suppressed or a falshood suggested So cleere and infallible a cause of fâ—ustrating all graunts as this manner of speech is often vsed in them b Ca. si is de silijs presb lib. 6. Nullius penitus esse momenti veluti per surreptionem obtentum c Ca. simotâ— proprio de praebend lib. 6. veluti surreptitium nolumus vires obtinere to be vtterly of no moment as obtained by surreption and like as matter surreptious or gotten by wrong information we will not that it should retaine any force As though the supreme Pastours would haue said wrong information is of that certaine vndoing and destroying qualititie as in obtaining of what grace soeuer it be found to haue place it presently marreth and maketh the graunt of no effect And that this is so indeed and no wresting of the words of the law let the best CoÌ„mentors beare witnes for vs. The Glosse which next after the text of the law is of greatest authoritie hath these words d Clemen de praebend Ca. 1. Literae gratiae vitiautur sunt ipso iure nullae si fierint obtentae per surreptionem Letters of grace of which kind must needes be his Holinesse graunt
Letter Constitutiue The thirteenth and last Proposition A Superior proceeding vniustly as he doth when he commandeth more then the place and authoritie he holdeth giueth him leaue may without all imputation of blame the peril of scandall euer excepted be as lawfully resisted as an a Nauar. in ca contingat causa 5. nullitatis n 8 aduersarie as a b D. Tho. 22. q. 69. art 4. c. theefe as a c Ezech. ca. 22 wolfe as a d Molina Tō 1. de iustitia iure tract 2. disp 23. vers concessa tyrant or forraine enemie So that to disobey a Superior enlarging his precepts beyond the vtmost bounds of his authoritie is so farre from the nature of criminall disobedience as it cannot be said to be the least sinne yea the case may be such as it were sinne and perhaps great sinne to obey For none will deny but that there is e D. Tho. 22. q. 104 art 5. ad 3. D. Bernard Epist 7. a kind of obedience which is indiscreet or vnlawfull agreeable to that Canon of holy Church collected out of S. Gregorie f 3. p. pastoralis cura 2. q. 7. ca. admonendi Admonendi sunt subditi ne plus quam expeditsint subiecti ne cum student plus quam necesse est hominibus subijci compellantur vitia eorum venerari Those that liue vnder subiection are to be admonished that they be no more subiect then is meet lest whiles they endeuour to shew more subiection to men then is necessary they be compelled to worship their vices THese grounds being laid we proceed and affirme that the Cardinals Letter as it is plaine to the Reader maketh no mention at al of any Mandate or Commission which his Holines should giue other then that he should imploy his indeuour to make peace in our Countrey to the example of the peace and quietnes established in the English Colledge at Rome And how this commaundement did communicate authoritie to the Cardinall to institute an Archpriest ouer vs with like iurisdiction and soueraigntie as is expressed in the Letter Constitutiue appeared a more strange point vnto vs then we could vnderstand or find out any ground or shew of reason how the said commaundement of his Holinesse could any way be in such sort possibly extended and retaine force to bind For what necessary connexion is there betweene making of peace in our Country and instituting of an Archpriest ouer one part of those that were at variance with iurisdiction to spoile them of their faculties to remoue them from their places of residence to depriue them of the vse of their Priestly functions and to afflict and vnable them to do good in our Church and in no degree to subordinate the other more principall part of the contenders to the least iot of the same iurisdiction We say what necessary and straight coniunction is there between the two precedents that Commission being graunted to labour and effectuate the one viz. peace in our Countrey authoritie must thereby be thought to be graunted to erect and appoint the other viz. an Archprist Must the assigning of an Archpriest with such iurisdiction be holden alike intrinsicall or dependant an accessorie to the taking vp of dissention and of making peace as not ordaining the one the other could not be effected None will say it that shall compare them together and none can say it that haue wel looked vpō the sequell contētiō strife debate variance broiles scandall parts-taking enmitie slaunders calumniations wrongs iniuries being now most rife in our Church and neuer heard of before Neither any maruell at all whiles one who was vnknowne vnto vs to haue any such authoritie nor many yeares euer holden but for our backe friend would institute in our Church a new forme of gouernement the like neuer heard of in the world meerely penall wholly consisting in punishing and in punishing contrarie to the forme of law that is without citing without triall without proofe of the accusation And to bring this intollerable burden vpon vs without making so much as any one of our bodie priuie thereunto and also to giue vs none other satisfaction of this his Graces straunge proceeding in our Church but onely the warrant of his owne Letter and the same not addressed to vs neither but to the superiour onely whom himselfe without all our consents or weeting preferred to the office by the sole information of him whose busie head and actions haue bene the cause and increase of much trouble and persecution in our Church and Realme And who being a member of another bodie and professing also a mortified state and to haue relinquished the world seeketh neuerthelesse to be our great maister and to rule all and would to God but to rule and not to domineere or tyrannize rather Let any practised Gouernour Ecclesiasticall or temporall or any one of common vnderstanding in the world tell vs whether this platforme this new and strange kind of gouernement and as straunge a maner of proceeding in it were a meane to make peace or not rather the high way to breake peace to kindle debates to multiply dissention and as it were to strike vp an alatum of troubles in our poore afflicted Church too manifoldly if it pleafed God to the contrarie alreadie tossed The new authoritie therefore being in it selfe no greater a helpe to the setting forward of peace and in the sequell so preiudicious the first second third and fifth Propositions shew that his Holinesse commaunding the Cardinall to bestow his paines for the establishing of peace and concord to the patterne of the peace wrought in the English Colledge at Rome did not therin for ought appeareth or may be gathered out of the Constitutiue Lettet giue commission to his Grace to enact the foresaid iurisdiction Againe the second third and fifth Propositions declare that the enacting of the like authoritie not being so nigh linked and vnited an accessorie to the principal in charge as the one might not be wel effected without the institution of the other declare we say that we were not bound by any law of holy Church or duty of obedience to subiect our selues to such his Graces ordinance because his Grace seemed euē by the tenour of the selfe Constitutiue Letter to haue exceeded the limits of his Holinesse Commission vnto him in that receiuing but a commaundement to make peace he made an Archpriest and indued him with largest punishing iurisdiction and soueraigntie ouer vs. Neither of which were behooueable or not so behooueable to the making of peace as that peace could not be made without these as is already shewed And therefore his Graces decree touching the subordination could not at least in the iudgement of our owne thoughts bind vs the same appearing vnto vs to be an excesser or too great an enlargement of the delegation committed Plaine by the authorities and proues laid downe in the said Propositions But if our aduersaries shall here say
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
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
colour cloake or euasion Neither in truth do we thinke that the rendering of thankes to his Holinesse was the ground and true cause indeed why so many names were gathered with like ado but rather that the impulsiue and reall cause thereof was for that the Iesuits hauing deuised the authority to subordinate as it seemeth our whole Cleargy to themselues by chusing and directing the Archpriest got the Cardinall Protector to erect the same by his letter not doubting but that by the place and power of the Cardinall we would all swallow the hooke But seeing themselues deceiued in the conceit they threw about with speed how they might beare out the action and in fine maugre the might of such as withstood them atchieue their desire a desire perchance neither a little nor a short while loÌ„ged after resolued that a Letter of thanksgiuing should be drawne to his Holines and as many Priests labored as the Arihpriest themselues and their friends could preuaile with to put to their names that so hauing once gotten their names fa. Parsons might after vse them to his Holinesse and the Cardinals for a proofe and contestation of the Priestes great willingnesse and applause to the subordination and that they all with one voice intreated the confirmation thereof when the truth was that most of those or rather all a very few excepted who gaue their names would neuer haue done it but vpon conceit that his Holines had already decreed the subordination and did full heartily repent the folly when it was past and they saw the pollicie Loe the onely ground and true cause impulsiue and finall and which deeds themselues haue sithence witnessed of framing olim dicebamur of gracing it with the Iesuites names in the first ranke and of procuring the subscriptions of Priests therunto with greatest expedition importunitie and with all sorts of postulation Lo also one forceable motiue which then induced vs to thinke that the subordination was neither the commaundement nor the ordinance of his Holinesse for then what needed the like shifts of descant or so much cunning or plainer so guilefull a proiect and prosecution To come now to the other presumption of swearing of Priestes or binding them by solemne promise to obey the Archpriest ere they may haue faculties giuen them in the Colledges from whence they are sent Which exaction or constrained oath we tooke to be most needlesse had the subordination bene the ordinance of his Holinesse and so knowne For who can in reason or with good conscience doubt whether the Priests that come into England vpon zeale with perill of life to reduce others to the obedience of the Sea Apostolike would in themselues as ring-leaders first abandon the same by withdrawing their bounden obedience from any Superiour whom they should know or probably vnderstand to be lawfully appointed ouerthem So that the hearing of this exaction did so little stagger and appale vs in our conceiued opinion as it much fortified and brought vs in a thorough beleefe that the subordination was not the act or commaund of his Holinesse For if it had bene and that it could haue bene so proued as if it had bene either it might most easily haue bene proued no doubt but wisedome loue and charitie in the Rectors of the Colledges would haue inuited specially father Parsons both in respect he liued in Rome when the subordination was graunted and gouerned al or the chiefest Colledges rather to haue giuen satisfaction and Canonicall sertitude of the subordination it selfe to the Priestes then through default thereof to leaue them doubtfull in mind and oblige their consciences by oath And when was it euer seene that any much lesse Priests the franchised children in Gods house should be compelled to sweare obedience before they knew or any legall or sufficient proofe made binding them to know as neither was done that the party to whom they should sweare obedience was their superiour To shut vp this our second reason we will grant to our aduersaries that his Holines commanded a subordination and inioyned the Cardinall most directly to ordaine gouernement among vs as to our vnderstanding the same did not appeare in any part of the Cardinals Letter and his Holinesse Breue was not then extant for no sooner was it extant but that we presently submitted our selues without the least exception or repugnancy yet the principall marke and end of his Holinesse being to establish peace no doubt his bessed fatherhoods will and pleasure was that such a subordination forme of gouernement should be instituted as might auaile to the making and continuance of peace Therefore the Archpresbytership accompanied with no benefite at all but onely with iurisdiction to afflict vs as namely to restraine or suspend our faculties to take them quite away to remoue vs from our places of residence to commaund what he listeth and as the authoritie is now practised to suspend from vse of al Priestly function to interdict both Cleargie and Laitie to multiply Decrees vpon Decrees and in such maner and matter as if we were no longer the children of the free woman but of the bond woman and our state and persons Gal. 4. become so seruile as there remaineth no right in vs to resist any iniurie defamation or oppression soeuer Now if this kind of subordination bringing no coÌ„moditie with it but all plentie of discommodities hurts and annoyances be or could be a meane to make peace the motiue and end of instituting the authoritie or as much as tend that way in it selfe or not rather yeeld occasion of hafting new quarrels a thing quite contrarie to his Holines designe in graunting the delegation to the Cardinall not only our wits and iudgements but common reason also is vtterly eclipsed in vs. For we confesse we cannot see how by common reason it may appeare likely to any man of iudgement that peace would folow or that peace could be any way effected which the sequel hath hitherto verified by the erecting of this subordinatioÌ„ including the seminary Priests onely while the totall masse and life of the whole contention was not betweene the seminarie Priests among themselues or betweene them and the Laitie but betwixt some of the secular Priests and the Iesuits ouer whom the Archpriest hath so little iurisdiction as the chiefe of the Iesuits is by a speciall prouiso added to the Cardinals Letter ioyned after a sort in commission with the Archpriest in that the Archpriest is directed by vertue of the said Instruction to do nothing of waight without the priuitie and aduice of the other What more plaine then if two be at variance the meane of according them by authoritie â—e is nor can be by hauing iurisdiction and command ouer one of them and none at all ouer the other but by carrying authoritie ouer both as our Archpriest doth not Againe what equitie or iustice the parent Nurse and preseruer of peace can any one in reason exspect when he that is most
liued without touch of discredite and euery way better qualified then any of them Thus much father Holtby And father Parsons in the Apologie striketh this key oft as the musicke perhaps that best contenteth his eare yet because the vntruthes in that booke be innumerable and because another intendeth to display them in part we meane not here to insert any of his course reports but will returne to father Holtby and demaund of him the reason why if the ill habites and sinnes he vpbraideth vs with be notorious he did not name the persons he meant but vseth the deprauing wordes in such generall manner as the Reader is left a condemned e Nauar. in Man ca. 18. nu 18. kind of detraction to apply them to whom and to so manie as he listeth of our companie Or if the wicked qualities and enormities he obiecteth be not commonly knowne to raigne in vs why did the religious father he and his complices being the f Sotus de inst h. 5. q. 7. art 3. Valenti Tom. 3 disp 5. q. 14. punct 3. assailers and we the partie assailed a materiall difference and which putteth great oddes in the case touching the lawfulnesse or vnlawfulnesse of reuealing secret sinnes thus inordinately publish and blaze our dishonours to the world in addressing the discourse to one but communicating the same to many ere it came to that one bodies view We expect his answere and how he will cleare himselfe of both either being a foule transgression and in the meane do hold this position that truth out of what mouth soeuet it commeth ought to be g Gloss in ca. quaeritur 2. q. 7. verb. praeponimus preferred and not impugned A lesson of Christian doctrine and which our Sauiour in his owne fact did not let to manifest in commending the censure of h Luke 7. the Pharisie with a recte iudicasti thou hast iudged aright albeit he perfectly knew him to be most enuious and arrogant So that how exorbitant soeuer our naturall inclination and qualities be and with what particular faultes or exceptions neuer so greatly distaining the chiefest of our company go marked yet if we maintaine a truth the maintenance is not to be calumniated either in that we are but few or because we are admitting the relgious mans slaunders busie headed proud and presumptuously minded seditiously spirited and wel knowne to be euer noted with particular faultes or exceptions In which treatise also the same discrupulous father forbeareth not to condemne vs for not yeelding our obedience at first before notice of his Holinesse Breue of to vse is owne words a most grieuous and damnable most enormious notorious publike and hainous sinne breeding open scandall and making vs infamous for rebellion comming from plaine malice and conuincing vs to haue a seditious and most presumptuous spirite c. Touching the lesser faultes or ill properties imputed we answere no more but that we know now who can first throw the stone at vs for Ioh. 8. it were indecent or a point of hypocrisie to twite other with particular faults except he himself were free And concerning the criminous we are to put him and his Superiour in mind that there is i D. Tho. 22. q. 62. art 2. ad 2◠Caietanus ibid. Sotus de iustitia lib. 4. q. 6. art 3. ad 4 arg Nauar. in Man ca. 18. nu 45. Valent. To. 3. disp 5. q. 6. pūc 5 assert 1 2. Bannes de iure iust q. 62. ◠art 2. dubit 8. Petrus à Nauar. lib. 3. ca. 4. nu 375. sequēt Salon Tom. 1 q 62. art 2. controu 20. satisfaction due vnto vs and we demaund it vnlesse he shall proue to which we challenge him both that we were culpable in the manner he specifieth and that the offences were notoriously knowne Now for the comparison we are very sure that not all nor the most part in our Realme do thinke that M. Doctor Bagshaw M. Doctor Bishop M. Bluet M. Mush M. Taylor so much inferiour as father Holtby maketh them to any of the elder Priests that are of the contrarie side nor yet M. Doctour Norres M Champney M. Bennet M. Drurie second by so great oddes to any of the yonger sort in any one quality or talent soeuer nay rather if the matter were to passe by verdite of most voices it is certaine that father Holtby would be found partiall if not detractious in the comparison And concerning the report that he and others make and seeme to glory much therein that we were but ten or 12. at most who stood off to admit the authoritie we say no more but that fath Parsons through whose irreligious dealing our two brethren were spoiled of their notes and schedules they carried and which he sent afterwards into England or the most part of them can witnesse that there were thrice ten within one who gaue their names whereof some also wrote that there were many moe of their brethren which disliked the forme of the gouernement appointed or rather that they were but few which were willing to receiue it if they might any way chuse And indeede what one commoditie spirituall or temporall either to Priest or lay person did the authority bring with it to inuite any one of iudgement Aggredi Sathanas non dubitauit vt inter se collideret to like thereof vnlesse apparant preiudices slaunder that the secular Priests and Laitie were at great variance and the mightie increase of our miseries or new seruitudes must be counted commodities But howsoeuer our aduersaries do please themselues in our small number yet there are few in our Realme of any acquaintance with Priests but know there be mo then ten inwardly for vs for one against vs. We wish from our hearts that euery Priest would shew himselfe outwardly as he is affected in his thoughts and then we should little doubt but that our small number so great a beame of the eye of our cause would quickly waxe the greater part and the reckning that our aduersaries make of twentie for one to be on their side against vs would farre fall out to be truer in the count for vs. A Fifth obiection which our oppositours make against vs is the grieuous condemnation that publickely passed vppon vs at Rome by sentence of the two Cardinals Caietane and Burghesio and by the contents of the Breue and his Holinesse iudgement The auowances of our Archpriest in his decrees of the 29. of May 1600. of the 18. of October following and in his Dimissories to me and refutories to all the other Appellants of the 20. of December His wordes in the former decree are these Whereas after the condemnation at Rome of the two Embassadours he meaneth Maister Doctour Bishop and Maister Charnoke together with all their complices here and also the Popes Breue confirming the Cardinals Letters as Validas ab initio that is of force from the beginning and vtterly condemning and inualiditing all
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
8. in principio Salon and all the schoole Diuines write that to be a probable and secure opinion and may boldly be practised without all scruple which men of learning wisedome vertue and well experienced in that kind of matter shall agree vpon and set downe to be true And if two or three men of this sort make a security in conscience as none will deny how much more secure and voide of all feare may ouâ— friends and our selues be in the vngrounded imputation of enormous disobedience and other crimes when as not onely three or foure of like qualitie but more then three and foure the whole selected companie of an ancient and most renowned Vniuersitie wherof also three of them were the Kings readers and all the residue of reuerend place and authoritie chosen by the whole facultie to resolue the difficulties that come from all partes farre and neare vnto them did both free vs and vnder publike testimonie attestate our clearenesse The question the answer of the Vniuersitie and the decree of our Archpriest follow ANno Domini millesimo sexcentessimo die tertio Maij propositum fâ—it facultati theologiae Parisiensi quod literis cuiusdam Ill mi Cardinalis quidam Superior Ecclesiasticus in regno quodam censtitutus est cum titulo dignitate Archiprâ—sbyteri vt haberet authoritatem iurisdictionem supra omnes alios presbyteros in eadem regno commorantes Cardnalis autem in illis suis literis declarauit se id fecisse iuxta voluntatem beneplacitum summi Pontificis Multi autem ex illis Presbyteris recusarunt subsignare authoritati eiusdem Archipresbyteri priusquam ipse obtinuisset literas Apostolicas confirmationis suae tenorem continentes tum quia noâ—um omnino erat in ecclesiâ— Catholica hactenus inauditum illud genus regiminis vt Archipresbyter vniuerso regno preesset talem iurisdictionem haberet in singulos eius regni Sacerdotes tum etiam quia ex quibusdam verbis illarum literarum Ill mi Cardinalis visi sunt sibi videre talem Archipresbyterum authoritatem eius ex falsa informatione à summo Pontifice fuisse concessam tum denique quia in electione eiusdem Archipresbyteri consiliariorum eius magnam aduerterunt extitisse personarum acceptionem Propter quas alâ—as nonnullas rationes Sacerdotes illi miserunt ad summum Pontificem nuntios qui has suas difficultates ei aperirent vnaque significarent se paratissimos esse in toto hoc negotio alijsque omnibus suae sanctitati semper obedire Archipresbyter vero qui ab eius parte stant alios Sacerdotes schismatis accusant quod literis Cardinalis quas etiam ex summi Pontificis voluntate exaratas dicit parere detrectauerint Quaestio igitur est an illi sacerdotes sint schismatici Et si non sint an grauiter saltem peccauerint Viri Principes facultatis theologiae Parisiensis selecti à tota facultate congregati in domo maioris Apparitoris sui anno die suprascripto re maturè considerata ita censuerunt Primò illos sacerdotes qui distulerunt obedire ob dictas causas non esse schismaticos Secundo censuerunt illos eo facto in se spectato non peccasse prorsus De mandato dominorum Decani Magistrorum nostrorum deputatorum selectorum sacratissimae facultatis theologiae Parisiensis Delacourt The English IN the yeare of our Lord 1600. vpon the third day of May it was proposed to the facultie of Diuines of the Vniuersitie of Paris that by the letters of a most illustrious Cardinall an ecclesiasticall Superiour was constituted in a certaine kingdome with the title and dignitie of an Archpriest to haue authoritie and iurisdiction ouer all other priests residing in that kingdome This Cardinall did also declare in those his letters that he did it according to the wil and good liking of the Pope Notwithstanding many of these Priests refused to subscribe to the authoritie of the said Archpriest before he had obtained letters from the Sea Apostolicke containing the tenour of his confirmation as well because that kind of gouernement was altogether new in Gods Church and hitherto neuer heard of that an Archpriest should haue charge ouer a whole kingdome and such iurisdiction ouer euerie Priest in that Realme then also for that it seemed to them by certaine wordes of the Cardinals letters that the Archpriest and his authoritie was graunted by false information then lastly because they noted great partialitie in the choise of the Archpriest and of his Counsellors Vpon which and some other reasons these Priests sent messengers to the Pope for laying open vnto him these their difficulties and therewithall to signifie their greatest readines as in this matter so euermore in all other to obey his Holinesse The Archpriest and those who are of his side accuse the other Priests of schisme in that they deferred to obey the Cardinals letters which moreouer he said were written according to his Holinesse mind and pleasure The question then is whether these Priests be schismatickes and if not whether they did commit at the least some grieuous sinne The head chiefe men of the facultie of diuinitie in Paris chosen out of the whole companie assembled together in the house of their seniour Beedle in the yeare and day aboue written after full and maturest consideration had of the matter gaue this censure First that those Priests who vpon the aboue named causes deferred to obey were no schismatickes Secondly that they commited no sinne at all in that fact in it selfe considered By commaundement of our Deane and Maisters deputed and selected by the whole facultie of diuinitie in Paris Delacourt The Decree of our Archpriest in prohibition of the foresaid Censure IN Dei nomine amen In the name of God Amen We George 29. Maij. 1600 Blackwell Archpriest of England and Protonotarie Apostolicall by the authoritie sufficiently and lawfully committed vnto vs do strictly commaund in vertue of obedience and vnder paine of suspension from diuine offices and losse of all faculties in the fact it selfe to be incurred all ecclesiasticall persons and also all lay Catholickes vnder paine of being interdicted semblably in the fact it selfe to be incurred that neither directly nor indirectly they maintaine or defend in word or in writing the censure of the Vniuersitie of Paris whether it be truly giuen or forged whether vpon true information or otherwise as being preiudiciall to the dignitie of the Sea Apostolicke and expresly contrarie to his Holinesse Breue and to the sentence iudicially giuen by the two Cardinals appointed iudges in our cause and to our common peace so much wished for by his Holines And this we inuiolably command to be obserued vnder the pains afore specified greater also according to his Holines pleasure In this Decree there occurre many things that seeme very strange namely that the sentence of the Vniuersitie is preiudiciall to the dignity of the Sea Apostolicke and
his Holinesse allowed of the reasons You set it so downe indeede in the Cardinals Letter and we beleeue it so farre as it is meant by the reasons touched in M. Standish his oration to his Holinesse a bird as all men thinke of your owne hatching but if you vnderstand by the words the reasons that the Priests yeelded in their Letters to his Holinesse when they demanded a subordination of him as the words themselues must needes inferre then we do not beleeue it because we cannot thinke that any of our fellow Priests did euer write such letters to his Holinesse But let it be true that his Holinesse allowed of the reasons which the Priestes made in their Letters vnto him for a subordination yet we know and not onely by his Holinesse words to some of our brethren but euen by the record of your owne reports that his Holinesse yeelding to graunt a subordination would not assigne the particular subordination till he had receiued signification from the priests in Englād what kind of subordination An holy prudence that those who were to obey and bore the heate and burden of the day should make choise of the subordination and superiour we liked and best agreed with the state of our countrey And thus hauing his Holinesse word for warrant related also by your selfe to some of our companie had we not good reason we aske the indifferent and all of iudgement to thinke we not aduertising his Holinesse of the kind of gouernement we thought fittest that surreption was vsed in the information and consequently to delay as all lawes permit the submission of our obedience vntill the truth and state of matters were better knowne Vndoubtedly these howsoeuer they appeare to other conuinced our vnderstanding and bid vs not to feare sinne neither to doubt but that his Holinesse would take in good part if not thankefully our sending vnto him about the premisses Your fourth exception We said in putting downe the state of the question vnto the Vniuersitie that many of vs refused to subscribe to the authoritie as though we had bene a great multitude or the maior part Good sir where do you reade that this word multi many must be taken for a great multitude or for the maior part of that companie whereof it was spoken The Canon hath a 4 q. 3. § si testes Pluralis locutio duorum numero contenta est the speaking in the plurall number is verified in the number of two And Panormitane writeth that b In ca. ad nostram de reb ec alienat nu 5. Duo dicuntur multi two are called many And although the words many few do take c Gloss in ca. Latores de Cler. excō vel depos verb. Multitudinem their most proper and relatiue denomination of the number whereof they are auerred to be many or few yet no doubt fewer after this account would beare the name of many then so great a multitude or maior part as you require and seeme to inferre that the Doctours vnderstood by our words in the proposing of the question and that they made it one of the causes why they cleered vs from all sinne in the nature of our fact Vndoubtedly sir to make that this your fourth exception should cary any weight it is of necessity that you first proue and yet it is a thing which you can neuer proue the small or great number of the refusers to subscribe to be of that intrinsecal aliance or essence with our fact as it made the same in his owne nature sinne or no sinne For if the nature of our fact in delaying our obedience and sending to Rome were not changed by the small or great number of vs who in such sort prolonged to receiue the authoritie what skilleth it or what difference can it put the fact considered in it selfe for with that limitation the vniuersitie deliuered their censure whether the doers were many or few one or a thousand this being but an accident and a circumstance and of no such omnipotencie as could possibly change the nature of the fact in it selfe considered Further if notwithstanding that which we haue said the exception must still appeare of force as all that are of iudgement do wel see it cannot yet the same is doubly satisfied in our Pag. 92. answere to the fourth obiection of our aduersaries to which place for auoiding of vnnecessarie repetition we referre the Reader Now that which you adde for explication or better proofe of the exception bewraieth a worse conscience Your words be these That not being the twentieth part at the beginning of those that admitted the gouernement if we haue increased our number since it hath bene by as false information as this was to the Doctors of Paris and by perswading them to the participation of our libertie and freedome from all gouernement which is a sore baite for yong men as all the world knoweth Is this your charitable iudgement father that neither we nor our brethren had better ends in our actions then you specifie and which you recken by verdite of the whole world a sore baite for yong men But let vs see now you haue passed your censure ouer vs how true the same is The censure consisteth of these three points first that we seduced our brethren by false information then that we perswaded them to the participation of our libertie thirdly that this libertie and freedome from all gouernement was a sore baite for yong men as all the world knoweth So that you make the meanes by which we drue our brethren to our side to be sleights and leasings and our end why we drew them no other then to haue them our fellowes in libertie and in such a libertie as all the world knowes to be a sore temptation to yong men Touching the first what false information could this be in particular by which you say we beguiled our brethen were not all our brethren who haue since turned for vs or manifested themselues to be of our mind both eye and eare witnesses of all matters as well as our selues were they not euermore lookers on priuier to our aduersaries proceedings then any of vs from whom they were more auerted Surely if you know what the particular information was by which we won thē to our part you may do well to set the same downe or if in case you do not know the information in particular then we aske you with what conscience do you so confidently auerre it to be false not knowing it what it was When you shall open this much we doubt not but that we shall be also able to giue you and the world satisfaction to the contrarie In the meane we deny your speeches to be true But what say we do we deny them to be true sith you affirme no more but that we increased our number by as false information as was the information which we gaue to the vniuersitie and which being
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
to forbid vs to defend our owne good names vnder threat of grieuous punishment as is manifest by your Letters of the 12. and 17. of February and the 14. of March where these words are read If euer I can finde hereafter that either by word or writing you iustifie your enormous disobedience viz. in delaying to yeeld your selues absolutely to our authoritie before the comming of his Holines Breue as voide of sinne this being a signe of want of grace and the maintenance of sinne which is a high pride I will suspend you from your function as vnworthie to exercise the same Likewise when we to take away the scandall which by reason of this our imputatiue schisme was rife euerie where and to make peace againe in our Church now a long while most miserablie rent through this mutuall discord besought most earnestlie your Reuerence and the Fathers of the Societie that it would either please you to leaue off to renue the calumnie of schisme against vs or affoord your assistance and furtherance that the question might quietlie be conferred of or disputed by some of either side before three or foure of the seniour Assistants and one auncient Priest of our part as vmpieres and determiners of the whole controuersie your To Maister I. C. F. C. I. M. c. Reuerence vtterlie reiected the petition in what sort the words of your owne letters do best testifie 14. and 16. of March Your petition is a tumultuous complaint Your prescriptions so tearming our supplication are as emptie of due consideration as they be blowne out with the spirit of a tumultuous presumption Your supplication cauilleth against my proceedings and the speeches of my best friends I shall much muse if ye shall not be abashed of this your attempt Moreouer when seuerall detractiue letters written by Father As that to Master A. G. the 13. of Iuly 1598. and to his friend the 20. of Febr. 1599. and to M. Bish the 9. of Octob. 1599. and others Parsons and others and made common in our countrie did dailie more and more wound in credit both our selues and our dearest friends and when for this cause our ghostly children who together with vs were both reputed and shunned by you as schismatiques or at the least as very grieuous sinners and for none other fault saue only for that they tooke our part and relieued our miseries very instantly delt with vs that now without any further delay we would addresse our selues to free both their and our owne innocency from the crimes and calumniations imputed Wherefore as men thereunto obliged in conscience we determined as well for the remouing of infamie frō our priesthoode as to bring quietnes of conscience to such as are vnder our charge to diuulge a temperate apologie which intention and designe of ours being vnderstood your Reuerence anon prohibited vnder heauy censure and forfet of faculties the diuulging of such a defence to this purpose vsed a smooth pretence of godlines peace viz. least the lawfull state might be troubled or any mans good name receiue blemish as is apparant by the specialties that follow I George Blackwell Archpriest in England in vertue of holie obedience and vnder paine of suspension from your office and losse of all faculties in the deede it selfe to be incurred do prohibit all Priests to diuulge any booke set out within these two yeres or hereafter to be set out by which the lawfull state may be disturbed or the fame of any clergy Catholick person of our English nation may be hurt by name and the same commaundement is giuen to the laitie vnder paine of being interdicted 17. Ianuary 1599. George Blackwell Arch-priest The seueritie of which edict appeareth so much the greater in that your Reuerence afterward declared that you tooke the word booke in the signification which it carrieth in Bulla coenae domini where hereticall bookes are forbidden so as now we fall into the aboue-mentioned penalties if we but diuulge the least writing or defence whereby any english catholick Clergie-man such as all our hard friends be shall or may receiue blot or hurt in his good name neither skilleth it whether iustlie or vniustlie vpon desert or without the edict containing no such limitation or prouiso at all And being after this maner suspended and depriued of faculties we are therewith bereft of all the meanes of getting sustenance harbour or other temporall succour these euery way depending on the practise of our priestly function and vse of faculties Finally seeing that there was neither meane nor measure kept in opprobrious speeches against vs nor that we might any way obtaine a friendly discussing and ending of the matter betweene our selues no nor as much as to be licenced to defend our cause or good name either by word or writing we especially for the greater safetie of our conscience held it our bounden dutie to propose the whole difficultie and state of the controuersie to the Diuines of the Vniuersitie of Paris to the end that they taking pitie of the calamitie of our Church and the sooner through the mediation of our humble sute would vouchsafe to deliuer their censure opinion in the difference Which good and charitable office they no sooner performed but your reuerence enacted a decree that no one vpon paine of heauiest forfeitures should any way maintaine the censures of so great and famous Clarks The state of the question the resolution of the Vniuersitie and the edict of your reuerence follow word by word In the yere of our Lord 1600. vpon the third day of May c. as it is verbatim set downe in the page 146. The fourth cause The fourth cause is because your Reuerence doth very earnestly defend whatsoeuer the fathers of the Society either speake or do against vs in so much that when we refused to obey them in that counterfet imputation of schisme and required a retractation of that foresaid infamous Libell your Reuerence stood so mightily against vs that for this cause the 17. of October 1600. it pleased you to reuoke and wholy to take away all faculties from two of our most auncient and reuerend Priests By which fact very many of good place and account were touched with so great griefe scandall and offence that euery where they bewayled and complained of this calamitie and so much the more for that these were the speciall men that had longest and best deserued of our Church and being greatly loued of Cardinall Allen of pious memory were by him honored with speciall and extraordinary faculties aboue the rest Furthermore although your Reuerence could not but see that all these perturbations of peace and concord which are now in our Church tooke their beginning at first and continued afterwards vpō no other cause or motiue but the defence of father Garnet and father Listers paradoxe of the imaginatiue schisme and the patronage of that more improbable assertion of father Iones abouesaid and albeit likewise that
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
the causes rehearsed carying with them but sufficient matter of appellation can be called either a seditious pamphlet or a libelling letter as our Arch-priest vseth them both when the substance of all that we aâ—â—rred was wholy taken out either of his owne letters or out of their writings * In his letter to M. Mush the 21. of Febr. 1600. Math. 26. whose counsaile by his In his letter to Maister T. B. and in his letter to M. Mush the 1. of March 1600. owne affirmance is the stay and their friendship the continuance of our whole catholicke state and whome to follow is his comfort except we must be intreated as our Sauiour was by the high Priest who for repeating the high Priests words was said to blaspheme And so we alleaging what our Arch-priest and some of the Fathers wrote and maintained against vs the allegations must be termed libelling and seditious whereas we rehearsed but their owne words and such as themselues diuulged iustified and seemed to take pleasure in Yea further our repeating of their words and this also by way of appeale to his Hâ—lines must be so notorious and hainous a crime in vs that for the same we must be euen after appellation suspended interdicted bereaued of our faculties and publiquely declared without citation before to be such and the subscribing likewise to the foresaid repetition defined a breach of wholesome decrees Vndoubtedly if this manner of proceeding be not to infringe or dispence in the lawes of holy Church or not rather to turne vpside downe the hierarchy of all ecclesiasticall discipline there was neuer hitherto disorder in the christian world d 11. q. 3. nemo 2. Nemo Episcoporum quemlibet sine certa manifesta peccata causa communione priuet ecclesiastica Let no Bishop saith the Cannon depriue any other from ecclesiasticall communion without certaine and manifest cause of sinne And which cause also by the c 1. q. 6. ca. Nono constitution of Pope Nicholas ought to be proued before the censure be inflicted or else the Prelate so vndiscretly offending is to be punished with the same penaltie and to make f Ca. sacro de sent excâ— ca. Cum medicinalis cod tit lib. 6. satisfaction for the domages sustained The second cause that our Archpriest alleageth for suspending interdicting and reduplicating the taking away of my faculties is for writing a letter the 29. of Ianuary which as he saith is like to those which the Appellants of Wisbich addressed vnto him And what those were I know not but the letter for which he punisheth me in so rigorous sort is the letter that followeth and which I wrote to a lay Gentleman taxing me of seuerall faults and in reply to one of his as the tenor sheweth Sir I wrote to know whether you spake the words not whether you spake them lately or long since neither did I auerre more then that only the notice of the speeches was giuen me the night before the date of my letter You say you know not wherein you haue charged me with ambition spite and reuenge Sir reade but ouer my letter againe and consider of the words you are sayd to haue reported of me and you may easily see wherein and how you charge me with the sayd enormities for reckning me as you do the chiefe of those whom you call contentious what followeth more directlie if I be chiefe of the sayd companie and that also the totall cause of the stirres another affirmance of yours is or was no other but because my selfe was not appointed Arch-priest then that I am through this my continuall maintenance of the controuersie vpon the foresaid wicked ground both ambitious spitefull and euen great with reuenge yea and enuy too You also affirme that you tooke a great dislike at the last time you talked with me by reason of certaine words I then vsed of spite and reuenge against a religious person that beholding as in a glasse such imperfections in a man of my sort it hath made you euer since the more heedfull to shunne the fault Sir I am glad that my frailties are steps to your vprising in vertue But touching the truth of your affirmations what might the words be that I then vsed and which so mightily disliked you I remember that when you extolled father Parsons auowing him to haue procured done more good to our country then any other that liued these many yeres I answered that I could so litle be of that opinion as I verily thought him of meaner deserts in that point then any other that was a Catholick loued his country-men And thus much I hope I shall be able to make good by euidence of moe particulars then your self or any other shall be able to disproue Further I recall that when you would free father Parsons from writing any vntruths I replyed and said I could reprooue his pen of many which now againe I should haue no scruple to double speake it might not the same minister an occasion of a new dislike vnto you yea and to all too that he hath shewed in some number of his actions as little sinceritie as truth in his writings No doubt you will heere cry fye on passion But patient your selfe and thinke if I be put to prooue it I may perchance shew it to be rather the issue of true charitie then of choler or passion For father Parsons being but one and one who alreadie in many places carrieth but a hard report and those of whom he taketh his pleasure being many and such as euery where most men speake well of and the matters wherein they are accused by him very foule reason and conscience tell if proofes were alike of both sides as I take them to be much vnlike yet that it were a point of greater charitie rather to thinke that father Parsons strained a point in the accusations then to condemne so many as stand accused and of like offences Moreouer where you say I exacted an oath of you for concealing my speeches I verily thinke you are mistaken My reason is because I do not remember that for these many yeares space I euer exacted an oath of any in what secresie soeuer but only contented my selfe with an assured promise Or be it as you say I do now free you of the bond and giue you most franke leaue to diuulge it to whome and how many you please You notifie in your Letter that you neuer regarded to put your selfe in my companie since you heard me speake such vncharitable words as you terme them against a religious person Well I hope as good men as your selfe will make no conscience to be in my companie But why I pray you do you specifie thus much of your disposition vnto me the knowledge thereof no more auailing Is it for that my selfe and the world should see how exactlie you obey the commaundement of holie scripture Cum detractoribus non commiscearis Companie not with
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
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
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
quietest of all others stint and end the variance And hauing now good sir proposed our request and giuen you a feeling of our desires it followeth that we suppliantlie beg of your good Fatherhood which our hearts performe in most respectiue manner that you would not stretch our words beyond our intention which is only to make to appeare how earnestlie we couet a friendlie conference to heare what can be said and be heard what we can say to the end the question to and fro largely discussed the truth may lye open and all further contention dye for euer Which being the all only scope and marke of our designe propounded also vpon hope of leaue and vnder correction we trust there is no cause why we should feare to haue our intercession for a conference named a challenge our inforced defence a voluntarie opposition satisfaction to others a breach of obedience and the seeking of repose to our owne soules vndutifulnes to our Superior or contempt of Authoritie An intreatie that would make our case most miserable loaden till we be forced to bemoane our agreeuances and then more loaden for making way to ease them But our hope is better and we misdoubt no part of the precedent in respect of your owne construction but because the addresse the purport so beseeking remayneth to be imparted by you to others and perhaps not euery one in readines to vnderstand our meaning to the best therefore we haue presumed the more expressely to signifie what we would not haue conceiued amisse And thus reuerenced sir being come to the end of that we would say we leaue with humblest request of pardon and like defrayment of dutie The first condition FAther Wallay Father Lister and whome and how many soeuer of the Societie they shall thinke good to choose vnto them to be reasoners debatours or disputants of the one side and of the other three such Priests of our companie as we shall nominate The second The grounds reasons arguments answers reioynders of both sides vpon full discussion and agreement to be set downe in writing The third The vmpeers or arbitratours to heare and determine of the waight truth and coherence of all that shall be said or alleaged by either side to be two or three of the senior Assistants and Maister Doleman And that it be in the choice of your Reuerence to admit such of the Laitie to be hearers of the dispute as to your wisedome for the qualitie of occurrances shall seeme meete The fourth That each of the foresaid arbitratours shall faithfullie promise in the word of a Priest to proceede to the giuing of sentence vpon the proofe and disproofe of either side according to the dictamen of their consciences and inward perswasion without delay colour mitigation and all partialitie The fift If the said arbitratours shall iudge that our case was schisme and our selues schismaticks then we to be bound most humblie to aske pardon on our knees of your Reuerence and the Societie for hitherto defending the contrary against the veritie of their your affirmance If of the other side they shall censure or deeme that we were no schismaticks then the Societie especially the penner and the approuers of the pamphlet of schisme to acknowledge their errour reuerse the tract and make vs some ratable satisfaction for the heape of iniuries and infamies sustained The last That it be lawfull without offence or prohibition for either side after sentence giuen and fulfilling of the premisses to seeke if it so please a resolution in the difference from the Vniuersities beyond the seas vpon shew and euidence of the said written dispute grounds reasons proofes arguments subscribed with the hands of the vmpeers and disputers of both sides to the end it may manifestly appeere to be the same and no place left to the other side to suspect any indirect dealing either by adding changing or subtracting ought to in or from the originall and that none of the foresaid arbitratours or disputants refuse or deferre to put to his name being requested thereunto An Appendix DEere sir after the writing of these no weake doubt began to arise in our minds whether we had done well or ill in not descending fuller into the causes that induced or truer constrained vs to the making of the foresaid Supplication And the more we chewed the doubt the greater it waxed and the plainer we sawe how we had therein omitted the particularizing of that which would most iustifie the mouing and best pleade the graunt of our sute May it therefore stand with your good leaue that we here supplie the defect for what you giue not leaue to the same we reuoke and beseeke it be holden vnwritten 1 The head sourse whence our agreeuances do chiefely spring is the retractation or vnperforming of that which your selfe did set downe vnder your hand and the testimonie of one of your Assistants namely a prohibition willing and if that were not sufficient commaunding all parties to desist to inueigh or follow the note of schisme against vs but contrariwise to suffer all matters past to quaile and to english your owne Latine phrase lye buryed in perpetuall obliuion Which charitable ordinance and many wayes most needefull for making and conseruing peace how much and how oft it hath bin gone from let the particulars declare that follow One of vs informed your Reuerence that a Father of the Societie whome he named affirmed and stood to the iustifying of the assertion that whosoeuer beleeues or to vse his owne word holds opinion dogmatizando that we were not schismaticks incurreth ipso facto the censures of holie Church Which licence of speech at leastwise outwardly you no way seemed to dislike but answered the position was true And if true and we not deceiued in the signification of the word how many good sir of very good conscience do there abide in a right dolefull and a most miserable plight of soule All our ghostlie children not few in number and some of them of good qualitie and infinite others beside hold opinion nay firmely most resolutely and with boldest assurance beleeue we were no schismaticks and will the Father say that we and they all through this our beliefe liue and continue in a damnable state and vnder the heauiest curse vpon earth Pardon we can neuer thinke it nor count it lesse in our selues then rashest temeritie euen but once to surmise the same yet vnlesse the Father be mistaken or our selues beguild in the darke or incongruent senses of his speech we see no auoydance but we must needs more then thinke it being bound if his position be true to belieue and teach the veritie therof Verily deere sir this touch or somewhat more sitteth so neere is of that nature reacheth to so many and goeth vested with like circumstances as by no warrant of conscience we may neglect the disproofe were we through the vertue of humilitie or the holie contempt of our selues neuer so greatlie
we could not yeeld thereunto And that these may not appeare bare words without particular proofe we will here verbatim rehearse both the declaration that our Arch-priest made touching M. Drury and the forme he sent him wherein and how he should submit himselfe and acknowledge his guiltinesse Vniuersis Catholicis Anglis Salutem That is To all english Catholicks greeting THese are to giue you to vnderstand and are to declare that Maister Robert Drurie Priest hath incurred the paines of suspension and of the losse of all his faculties not in respect of Appeale which I do not denie to any but for his disobedient breach and contempt of my fourth and â—ifth penall decrees published 18. Octobris Anno Domini 1600. of which he taketh notice by his subscription to the Letter and the pretended Appeale dated 17. Nouembris 1600. And to this my declaration I haue subscribed with mine owne hand and thereunto set my Seale this 7. of December 1600. Georgius Blackwellâ—s Archipraesbyter Catholicorum Anglorum That is George Blackwell Arch-priest of the English Catholicks The forme of the submission EGo N. confiteor agnosco me ex nulla iusta causâ— de grauaminibus Pag. 120. atque immensa iniuriaruÌ„ mole mihi à R â—o D. Archipraesbytero illatis conquestum esse in ipsum dissidiorum tumultuum atque bellorum intestinorum culpam coniecisse eiusque salubria quaedam decreta transgressum esse quorum omnium veniam facultatum restitutionem censurarumque si quas incurri sublationem humiliter peto at superiora omnia reuoco eaque à me dicta vel scripta vel approbata minime fâ—â—sse vehementer cupio Insuper iuro in posterum pacifice obedienter erga eundem superiorem meum me gesturum atque vt alij idem faciant quantum in me erit officij mei ratione curaturum The English IN. do confesse and acknowledge to haue complayned vpon no iust cause of the greeuances and exceeding great masse of iniuries imposed vpon me by the most Reuerend Archpresbiter and to haue layd the fault on him of the discord tumults and ciuill dissentions and to haue transressed certaine wholesome decrees of his for all which I humbly aske pardon and the restitution of faculties and absolution from Censures if I haue incurred any and do reuoke all the former and very hartily wish that these things had neuer bin spoken or written or approued by me Moreouer I sweare that I will cary my selfe hereafter peaceablie and obedientlie towards the sayd my Superiour and in regard of my dutie procure so much as in me shall lye that others do the same THe disobedient breach and contempt which our Arch-priest obiected against Maister Drury was for that he aue his name to an These two branches of the decree are set down pag. 191. Appeale to his Holines without acquainting his Reuerence therewith before and without his licence and because he by appealing presumed to defend the disobedience that was imputed to such as refused to admit the subordination vpon sight of the Constitutiue Letter Two great offences comparable to the saying of a Pater noster and touching the former One and the first of the sixe Articles a Stâ—pâ—etonus de tribus Tho nis p. 36. Quadriloguâ— lib. 5. ca. 8. Surius in vita eius Matheus Parisiensis pa. 135. in which Saint Thomas of Canterbury resisted the Constitution of King Henry the second was Quod non appelletur ad sedem Apostolicam sine licentia Regis That no appellation be made to the Sea Apostolick without licence of the King Which gainestanding of Saint Thomas was counted so little a fault in him as he was Canonized for the fact and God himselfe proued his vertue by testimonie of most glorious and infinite miracles Our Arch-priest decreed that none vnder paine of suspension interdiction and of losing their faculties ipso facto should giue their names or suffrages See pag. 216. in any cause whatsoeuer vnlesse he did before make his Reuerence priuie thereunto and had his assent comprehending vnder the clause of any cause whatsoeuer appeales to Rome as himself interpreteth the words in his common letters to his assistants and maketh the same most euident in this his fact of declaring Maister Drewry to haue falne into the said Ecclesiasticall penalties by his subscription to the pretended appeale Stapleton in the life of the former Saint affirmeth that the abouenamed Constitution substituted the King in the place of the Pope by attributing that power vnto him which is proper to the Pope and that it expressely contradicted the generall Councell of Cap. 7. Sardis and taketh away from that sacred consistory the pontificiall primacy which was giuen to Peter by our Sauiour and to those that should succeede him to the worlds end Which if it be true as we are sure our Arch-priest will not deny what can be lesse inferred then that his sayd decree and declaration doth by so much the worse and the more vnworthily violate the rights of Ecclesiasticall libertie aboue King Henries Constitution by how much the office and person of an Arch-priest is inferior to the state and royall soueraigntie of a King because the presumption of violating such preroatiues taketh his degrees of deformitie from the parties state and condition who letted not to decree and publish such prohibitions to the preiudice and infringing of the said Ecclesiasticall rights and liberties But of this matter we haue spoken before in our fourth Reason where it is shewed that not only the makers of such lawes or Constitutions but those that shall vse or iudge according to the iniustice of them are excommunicated in the Bull of Coenae Domini Concerning the other offence for which our Arch-priest declared Maister Drewry who had long before euen at the first comming of the Cardinals letter most absolutely subiected himselfe to his authoritie to haue incurred the foresaid censures and penaltie viz. for that by putting his name to the Appeale he adiudged him to maintaine the disobedience obiected We hold it also for no greater fault admitting the subscription of his name to the Appeale were a defence of the disobedieÌ„ce pretended as we do no way see how it could be then 3. q. 1. Nulli dubium Let such of our brethren well note this place as beleeued in their conscience we had wrong and would not for feare giue their helps towards thâ— redresse either by appealing with vs or by manifesting their opinioÌ„ for the better resolution of the doubtfull is the doing of a good deed perhaps of bounden charitie according to this saying of Pope Alexander recorded in the Canons Qui ex vestro collegio fuerit ab auxilio vestro se substraxerit magis schismaticus quam sacerdos esse probabitur He that is of your colledge or coate and shall withdraw himselfe from assisting you doth therein more approue himselfe to be a schismatique then a priest By which it appeareth how vndeseruingly our
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