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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00908	A defence of the Catholyke cause contayning a treatise in confutation of sundry vntruthes and slanders, published by the heretykes, as wel in infamous lybels as otherwyse, against all english Catholyks in general, & some in particular, not only concerning matter of state, but also matter of religion: by occasion whereof diuers poynts of the Catholyke faith now in controuersy, are debated and discussed. VVritten by T.F. With an apology, or defence, of his innocency in a fayned conspiracy against her Maiesties person, for the which one Edward Squyre was wrongfully condemned and executed in Nouember ... 1598. wherewith the author and other Catholykes were also falsly charged. Written by him the yeare folowing, and not published vntil now, for the reasons declared in the preface of this treatyse.	Fitzherbert, Thomas, 1552-1640.	1602 (1602)	STC 11016; ESTC S102241	183,394	262

in matters of lyfe and death much more is it needful in our Law wherin ignorant and simple men are to determine the cause and yf we do not say that this was the intention of our Lawmakers that ordayned our Iuries we cannot with reason defend eyther them or their lawes in this behalf nor excuse them from exceeding great absurdities and iniurious proceeding THAT THE EVIDENCE against Squyre was not sufficient in Law to geue him torment that therfore his confession extorted therby was voyd in Law and his condemnation vniust CHAP. VIII BVT some perhaps wil say that although these two testimonies of the priuie councelour and of Stanley were not sufficient in Law to condemne Squyre yet they suffised to geue suspition of the matter and to make him apprehended examined and tormented wher-vpon ensewed his confession which being ratified after by himself at the barre was a sufficient warrant to the iurie to fynd him guilty and to the Iudges to pronounce sentence against him of death as they did For satisfaction of this poynt I wil brieflie prooue first that this euidence was not sufficient to geue Squyre torment secondly that his confession vpon torment was voyd in Law and lastlie that his ratification therof at the barre could not reualidate the same and although for his purpose I must ayd my selfe of the Ciuil law as hitherto I haue donne for lack of knowledge bookes of our owne lawes yet I am wel assured no wyse and learned common lawyer can reiect the reasons alleadged by the ciuil law as wel for that they are grounded on equitie and conscience in which respect they are receyued and confirmed in lyke manner by the Ecclesiastical and canon lawes of Christendome as also for that our law so farre admitteth the ciuil law that in many cases yt remitteth vs vnto the decision thereof as we may see in matters of testaments and mariages and in diuers cases of the chancerie for which purpose do serue our Arches Admiraltie and M. of the chancery and this must needs haue place much more in this case then in many others for that the tryal by torment properly belongeth to the ciuil law and not to ours which law of ours abhorring as it seemeth the crueltie and rigour of torture doth exclude it from the tryal of cōmon causes as before I haue sayd therfore if in any case it boroweth the vse therof of the ciuil law it must eyther vse it with the same circumstances and conditions or els with more moderation seing it tendeth more to mercie pittie then the other doth Now then to the matter though the ciuil law vseth torment in tryal of criminal causes to force the partie to confesse the cryme yf he wil not voluntarily do yt neuerthelesse yt ordeyneth that it shal be geuen with such circumspection and consideration as yf the forme and circumstances of the law be trulie obserued there is litle daunger or none at all of doing wrong to the party First yt commandeth that the iudge begin not with torment neyther proceed hastely therto but with mature consideration aswel of the qualitie and credit of the partie as of the lykelihood and truth of the cryme obiected Secondlie that the euidence and proofes produced be most manifest as in the 4. Chapter of this treatise I haue sufficiently proued Thirdlie that the witnesses shal be such as no lawful exception can be taken against them And although the Iudge may geue torment with one lawful witnesse that produceth indicium indubitatum as the lawyers tearme it an vndoubted and cleare euidēce as for example when there is an eye witnesse against whom no exception can be taken for so sayth Bartol yet when the sayd euidence is not so manifest two witnesses at least are required and the same to be contestes that is to say affirming one and the selfsame thing This being true it appeareth that Squyre was tormented against all law for that the matter and euidence that was brought against him was neyther cleare nor yet testified by lawful and sufficiēt witnesse for as for Stāley besydes that he was subiect to many exceptions aswel of suspition of subornation as also for being his accuser in which respect he could not be a witnesse his euidence was lykewise in it self so defectious that yt could be of no moment or consideration in the world as I haue proued in the 6. Chapter And as for the letter which the priu●e councelor testified he had seene it was not proued to be a true and no counterfeyt letter and therfore no such cleare euidence as law requireth to the geuing of torment besydes that yf his honour wil be taken for a witnes yet he was not contestis with Stanley for that they did not testifie both of them one and the self same thing as is needful when the euidence is so weake as this neyther did that letter mention any perticuler act but imployment of Squyre in general for generalities no particuler man can be punished as sayth the law Therfore I conclude that he being tormented vniustlie and against law the confession so extorted could not be of force to condemne him though he ratisied the same afterwards publykly at the barre for all ciuil lawyers do agree that yf the euidence be not sufficient to the geuing of torment yea and also sufficiently proued in such manner as before I haue declared then the confession extorted therby is nu●la that is to say to be accompted none at all though the partie should ratifie it a thousand tymes after for so they write yea and further that although after such ratification there should be presented sufficient proofes wherby yt should be manifest that the confession was true yet yt could not be therby reualidate and made good in law for his condemnation though it were in cases of assassinat treason or any other lyke haynous cryme whatsoeuer and this being true in the ciuil law it cannot be contrad●cted by ours which is more fauorable to lyfe and admitteth no torture in tryal of causes for condemnation nor relyeth so much vpon confession of the partie extorted by torment as vpon sufficient euidence of lawful witnesse which in this case of Squyre was none at all in which respect the Iudges and Iurie hearing him say that he had beene tormēted and seing the euidence and witnes insufficient for the geuing of torment ought to haue held his confession and the ratification therof suspected and so to haue at least suspended their iudgment vntil better proofes had beene produced presuming that for as much as he might assure himselfe that all the benefit he should reape by the reuocation of his sayd confession would be but new torments worse then death he resolued himself to ratifie the same and at his death to discharge his conscience and to cleare himself as those which accused me at Bruxels determined to do and as infinite others haue donne in

his persecution with craftie and subtyle deuises enuying them the name and glorie of Martyrdome that the souldiours of Christ had got in former persecutions and therfore he endeuored to vse violence in such sort as it should not appeare ordayning that the Christians which suffred for Christ should be put to death as malefactours this affirmeth S. Gregory Naziāzen of Iulian the apostata wherein yow may see a true pattron of your owne proceedings for to exemplify the same with answere to the question yow aske concerning the temper of the lawes made in the 23. yere of her Ma ties raigne what other cause had yow to make those lawes in that yeare but that yow knew that Father Campian and diuers Seminary Priests were come into Englād lately before therfore to make the world beleue that their comming was to no other end but to sow sedition and trouble the State yow did not only make those lawes but also shamfully mundered the same yeare thesaid famous man and 11. godly innocent Priests with him for fayned conspiracies proued against no one of them disauowed by them all at their deathes which sufficient proof of their innocency as before I haue declared at large in the 11. chapter besydes many other since made away in lyke manner vpon lyke fals pretences and especially in the yeare 88. after the Kinges Armada had past through the channel in which yeare yow executed aboue 40. Priests and Catholykes in diuers partes of England to make the world beleeue that they had intelligence with the Spaniards or had procured the comming of thesaid Armada which could not bee proued nor so much as iustly suspected of anyone of them Moreouer I dare boldly affirme neyther shal yow euer be able with truth to controle me that wheras our Seminaries haue yeilded within these 30. yeares 5. or 6. hūdreth Priests that haue laboured in that vyneyard wherof yow haue put to death more then a hundreth yow could neuer iustly charge any one of them with sedition or matter of state except it were Ballard executed with Babington and the rest whom as I wil not excuse because I know not how farre he waded in those matters so wil I not condemne him considering the proceedings of yow and your fellowes with Catholykes in lyke cases yet this I wil be bold to say that if he had any dealing therin it was without the consent or knowledg of any of his superiours yea or of any intrinsecal frend of theirs wherof I could yeild a sufficient reason if it were conuenient But let vs admit that he was as deep in those matters as any of the rest haue yow therfore any reason to condemne all other Seminary Priests for his act I do not blame yow heer for punishing any Catholyke that yow should fynd to be truly seditious but I fynd it strange against all reason and iustice that yow do not only punish vs for fayned crymes but also impute the doings of one or of a few to all which was alwayes in my tyme and I think it stil the absurd dealing of your lawyers in the araignment of Catholykes vrging against them the attemptes of Doctor Sanders in Ireland and Feltons setting vp of the Bul and such like as though euery Catholyke were priuie to their doings or thought himself bound in conscience to do as they did which kynd of argument your lawyers would neuer vse if they were not eyther most malitious or ignorant or thought all their audience to be fooles For what conclusion can be drawne from one or some particuler to a general as to say Eaton the preacher did pennance on the Pillery in cheapsyde and after at Paules Crosse for lying with his daughter such a minister was hanged for a rape such an other for sod●my such a one for a murder ergo all ministers are mnrderers sodomites rauishers of women and incestuous persons Would your ministers allow this conclusion or els that lawes should be made against them all for the offence of some of them and yet to say truly there haue beene so many examples of ministers conuict executed for such crymes that yow might with more reason exterminate the whole ministery as a very sink of sinne then condemne all Catholykes as seditious for Doctor Sāders and Feltons cause o● all Seminary Priests for Ballards But to conclude this point it is euident ynough that neyther Ballards offence yf he committed any nor theirs that were executed with him could be any occasion of those rigorous lawes against Seminary Priests which were made some yeares before when as I haue said yow had not any one example of a Seminary man that had beene or could be touched with any sedition other then such as yow fayned of them your selues Furthermore what iust cause had yow to make the distinction in your lawes betwixt Queene Marie Priests Seminary Priests haue yow found any more in the one then in the other but only that yow know the old Priests of Queene Martyrs tyme were so spent and wasted already that ther was not left of them perhaps half a score in England who also yow thought would be in a short tyme consumed wheras of the others yow saw a continual spring that would flow perpetually to the vndouted destruction of your heresy in tyme if it were not stopped in which respect yow thought good to seeme to fauour the first that yow might with more shew of reason persecute the later Neuerthelesse yow haue hanged some of those Q. Marie Priests as wel as the other only for doing their function counting them therin no lesse seditious then the Seminary Priests and yet yow say yow spare the one sort as only superstitious and punish the other as seditious But such seditious and superstitious Priests as these are were the very Apostles and Disciples of our Sauiour for they absolued from sinne as these do they administred the Sacraments of Baptisme or the A●ter extreeme vnction the rest as these do they said masse that is to say they offred in sacrifise the blessed bodie and blood of our Sauiour as these do they did preach and teach the Christian Catholyke doctrine as these do finally they were persecuted punished for sedition as these are Thus Sir yow may see yow had not those causes which yow pretend to change the temper of your Iawes nor to distinguish betwyxt Seminarie and Queene Marie Priests neyther any reason at all to cal them eyther superstitious or seditious But let vs see some more of your gloses THE CONFVTATION OF an inuectiue which the Author of the Pamphlet maketh against the Iesuits CHAP. XXIIII IN your 10. and 11. page yow make a digression to treat of the strange mysteries as yow cal them of the Iesuits doctrin how they mingle heauen and hel and lift vp the hands of the subiects against the anointed of God yow wonder that Princes do not concurre in

other Bishops making general edicts condemning heretykes deposing and restoring Bishops cauling counsels and excommunicating whole prouinces and countryes I appeale to thee gentle reader whether he was not then generally held for supreme head of the Church whether it is lykly that when Eleutherius the Pope made King Lucius a Christian he made him a protestāt that is to say an enemy to the sea Apostolyk a persecuter of Priests and of all such as defend the dignity and autoritie of saynt Peeter his predecessor from whome he claymed and held the supremacy of the Churche which now all protestants deny to his successors And agayne seeing I haue proued that the authority of the sea Apostolyke is not grounded vpon any humain tradition but vpon the institution of our sauiour himselfe who left his flock and sheep to saynt Peeter to be fed and buylt his Churche vpon him as vpon a sure rock promising that hel gates should not preuayle against it ordayning for the auoyding of Schisme diuision one head from the which the dyuers and manyfold members of his Churche might receiue the influence of one doctrin and spirit what shal wee say of them that are not of this fold that do not communicat with this head that are not planted vpō this root of vnity nor buylt vpon this rock that agaynst the chayre of Peeter set vp a chayre of pestilēce can they be the sheep of Christ or members of his mistical body or receiue the influence of his spirit it is no maruel yf they be caryed away with euery blast of new doctrin torne and rent with euery schisme and cast at length vpon the rockes of heresy or atheisme haue wee not then sufficient reason to giue lands lyues or what honour pleasure or comodity soeuer the world yeildeth rather then to be driuen from this safe harbor of truth and ancor of vnity into the seas of schisme and heresy to the assured shipwrack of our soules and when wee spend our blood for this cause do we not dy for religion yea for a most important point of religion though it be made treason wherof wee may truly saye with the blessed martyr Sir Thomas More thet it is a treason without sinne for the which a mā may be hanged and haue no harme dy and liue for euer seeme to some a traytor and be a glorious martyr THE MATTER OF HOLY Images is debated and the vse therof proued to haue ben in the Churche of God euer since our Sauiours tyme. CHAP. XI BVT let vs examine a poynt or two more of religion wherein our aduersaries dissent from vs that wee may see wheather K. Lucius were more lyke to learne their doctrin concerning the same or ours and for that they think they haue a maruelous aduātage of vs in the matter of Images and relykes of saints wherein they charge vs with flat Idolatrie and breach of the commaundment of God I wil say somwhat therof And fyrst I cannot but maruel at their grosnesse that cannot distinguish betwiyt an Idol and an Image whereof they may learne the difference in Origen and Theodoretus expoūding these words of the cōmaundmēt non facies tibi Idolū thou shalt not make to thy self any ●dol for the septuaginta whose translation they follow for sculptile haue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say an Idol wherevpon they say that an Idol is a fals similitude representing a thing which is not that a similitude or Image is a representation of ae thing which truly is to which purpose also S. Paule sayth Idolum nihil est in mundo an Idol is nothing in the world for that Idols represent no truth but mere fictions vanityes and lyes and therfore ar cauled in the Hebrew text of the holy scriptures Elilun and Au●nim wheron it followeth that all Images or other creatures held or adored for Gods wh●ch they neither are nor yet possibly can bee are truly and properly Idols wheras other Images that represent a truth can not so bee cauled and this difference is euident in the holy scriptures which neuer atribute the name of Idol to the true Image of any thing but to the fals gods of the gentils and vseth the name of Image for the similitud of that which is truly the thing that it is thought to be or hath the true proprietyes that by the Image are represented so Christ is cauled the Image of his father and Salomon is sayd to haue made in the temple Images of Lions Oxen Flowers yea and of the Cherubins who though they were Angels and Spirits were neuerthelesse pourtrayed lyke men to expresse the forme wherein they appeared to Moyses on the mountayne and with wings to shew the celerity of their motion so that the representation made therby was true as of a true apparition and a true propriety in the Angelical nature Herevpon it foloweth that Images which are not honored for Gods but ordayned for the honor of Christ and his saynts who are truly that which they are represented to be are no Idols and therfore our aduersaries are eyther very ignorant or malicious when they confound these woords in such sort as to cal Images Idols and to translate Idolum in the scripture an Image as they commonly do very absurdly and sometymes ridiculously as in S. Paule where he speaketh of couetousnes saying it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say Idolatry or the seruice of Idols and in an other place that the couetous man is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Idolater or a woorshipper of Idols meaning therby that couetous men make theyr money and their riches their Gods they translate it couetousnes is the seruice of Images and the couetous man is a woorshipper of Images as though there were no other Idolatry but that which may be dōne to Images or that Image and Idole were all one or that it could be sayd with any propriety or reason that a couetous man makes his money an Image as it may be properly sayd that he makes it an Idol because he makes yt his God which yt neither is nor can be in which respect it may wel be cauled an Idol Furdermore they bewray in themselues either great simplicity or peruers malice in that they permit no honour nor reuerence to be donne to the Image of Christ his saynts for doth not reason and common experience teach vs that the honour or reuerence donne to the Image passeth from thence to the Prototipon that is to say to the thing or person it representeth he which crowneth sayth S. Ambrose the image of the emperour crowneth the Emperour and he which contemnes his image seemeth to do iniury to his person when the people of Antiochia cast downe the image of the Empresle wyfe to Theodosius the Emperour he took it for so great an affront to her and him selfe that he had lyke to haue destroyed the whole citty in

lambe of God and in the first general councel of Nice held by aboue 300. Fathers situm in sacra mensa agnum illum Dei tollentem peccata mundi incruente a sacerdotibus in molatum the lambe of God placed vpon the holy table the which lambe taketh away the sumes of the world and is vnbloodily sacrificed by the priests wherto may iustly be added the doctrin of all the Fathers that this sacrifice is propitiatory for the liuing and for the dead grounded no dout vpon the woords of our sauiour himselfe in his first institution and oblation therof when he said to his Apostles representing the whole Church this is my body which is geuen pro vobis for you that is to say for remission of your sinnes and more playnly in oblation of the cup this is my blood which is shed pro vobis or as saynt Math. sayth pro multis in remissionē peccatorum for you for many to the remission of sinnes for this cause saynt Iames the Apostle in his liturgy saith offermius ●●bi wee offer to thee o Lord the vnbloody sacrifice for our sinnes and the ignorance of the people and saynt Martial the most ancient martyr who as I haue sayd liued with the Apostles affirmeth that by the remedy of this sacrifice lyfe is to be geuen vs death to be eschewed and S. Denis a foresaid cauleth it salutarem bostiam the host or sacrifice that geueth health or saluation S. Athanasius sayth that the oblation of the vnbloody host is propitiatio a propitiation or remission of sinnes Origin cauleth it the only commemoration which makes God mercyful to men S. Cyprian termeth it medicamentum holocaustum ad sanandas infirmitates purgandas iniquitates a medicin burnt sacrifice for the healing of infirmityes and the purging of sinnes S. Ambrose speaking of the Eucharist sayth that Christ offreth him selfe therin quasi sacerdos vt peccata nostra dimittat as a priest that he may forgeue our sinnes S. Augustin considering that all the sacrifices of the old law were figures of this sacrifice as he often affirmeth that amongst infinit others there were some that were called hostiae pro peccato sacrifices for remission of sinne By the sacrifices saith he that were offred for sinnes this one of ours is signified wherein is true remission of sinne and to ad somewhat more hereto concerning the custome of Gods Churche to offer this sacrifice also as propitiatory for the dead S. Iames the Apostle in his liturgy prayeth to almighty God that the sacrifice may be acceptable vnto him for remission of the peoples sinnes and for the repose of the soules of the dead also saynt Clement reacheth for a constitution of the Apostles to offer the holy Eucharist in Churches and Churchyards for the dead S. Chrisostome also often affirmeth it for a decree of the Apostles to offer sacrifice for the dead saying it was not rashly decreed by the Apostles that in the most dreadful mysteries there should be commemoration made of the dead for when the people clergy stand with their hands listed vp to heauen the reuerend sacrifice set vpon the Altar how is it possible that praying for them wee should not pacify the wrath of God towards them S. Gregory Nissen in lyke manner proueth the vtility and profit therof by the authority of the Disciples of Christ that taught deliuered the custome to the Churche as witneseth saynt Iohn Damascen who affirming it to be an Apostical tradition confirmeth the same with the testimonies of S. Athanasius and saynt Gregory Nissen Tertullian often maketh mention of oblations offred for the dead yerely in their anniuersaries aleadging it amongst dyuers other for an ancient custome and vnwritten tradition of the Churche S. Cyprian also mentioneth a constitution made before his tyme that for such as make Priests their executors or tutors to their Children no oblation or sacrifice should be offred after their death which statute he ordayned should be executed vpon one called victor that had offended against the same S. Cyril Byshop of Hierusalem hauing spoken of other parts of the sacrifice of the masse sayth then wee pray for all those that are dead beleeuing that their soules for whome the prayer of the dreadful sacrifice is offred receiue very great help therby S. Augustin sayth that according to the tradition of the ancient fathers the whole Church vseth to pray and offer the sacrifice of the blessed body and blood of Christ for those that are dead and that it is not to be douted but that they are helped thereby and in his book of confessions he signifieth that the sacrifice of our redemption that is to say the blessed body and blood of our Sauiour was offred for his mothers soule when shee was dead S. Gregory the great to declare the excellent effect of the sacrifice of the masse offred for the dead telleth of one that being taken prisoner in the warre and thought to be dead was deliuered on certayne dayes of the weeke of his chaynes and fetters which fel from him so oft as his wyfe caused the sacrifice of the masse to bee offred for his soule and of this S. Gregory taketh witnes of many of his auditors whome as he sayth he presumed did know the same The lyke also in euery respect recounteth venerable Bede our countryman in the story of England which he wrote about 800. yeares agoe of one Imma seruant to King Elbum which Imma being prisoner in the hands of his enemies and chayned could not be tyed so fast but that his chaynes fel of once a day at a certayne hower when his brother called Iunna an Abbot sayd masse for him thinking he had ben slayne and this sayth saynt Bede he thought good to put into his history for that he took it for most certayne hauing vnderstood it of credible persons that had heard the party tel it to whome yt happened To conclude this custome of offring the blessed sacrifice of the masse for the dead was inuyolably kept in the Churche of God euen from the Apostle tyme without contradition vntil Aerius an Arrian heretyke impugned the same all prayer for the dead about 360. yeres after Christ for the which he is put in the Catologue of heretykes by saynt Augustin S. Epiphanius as our aduersaryes deserue also to be for teaching and defending the same haeresy AN ANSVVERE TO THE obiections of our aduersaries out of S. Paules epistle to the Hebrewes with a declaration that the heretykes of this tyme who abolish the sacrifice of the Masse haue not the new Testament of Christ and that they are most pernitious enemies to humain kynd CHAP. XVIII BVT now our aduersaries against vs or rather against these expresse scriptures and Fathers obiect some texts and arguments of S. Paule to the Hebrewes by the which he conuinceth

sayth the sinnes of the people make many Princes and sometymes for the Princes faults he punisheth the people and otherwhyles for the sinnes of eyther he destroyeth both When Acham had stolne part of the spoyle of Hie●co contrary to the commaundement of God 3000. of the children of Israel were ouerthrowne by them of Hay for his offence which our lord imputed to them all saying Israel hath sinned and transgressed my commaundement c. For the sinne of Dauid in numbring the people 70000. of his subiects perished and for the peoples offences God permitted him to sinne For King Achaz cause sayth the scripture God did humble the people of Iuda after gaue them into captiuity for the sinnes of their King Manasses Lastly when Samuel had anoynted Saule for King he said vnto the people yf yow perseuer in your wickednes both yow and your King shal perish Herein neuertheles this difference may be noted that when almighty God doth punish both he vseth more rigour towards the Princes and heads of the people then towards the meaner sort Whereof the holy ghost declareth the reason in the book of wisdome where he speaketh to Kings Princes in this manner Audite reges c. hearken O kinges and vnderstād learne yow which are Iudges of the bounds of the earth in respect that power is geuen vnto yow from our lord and strength from the highest who wil examine your woorkes and search your thoughts and because when yow were ministers of his kingdome yow did not Iudge rightly nor keep the law of Iustice nor walk in the way of God he wil appeare vnto yow quickly and horibly for most rigorous Iudgment is donne vpon them that gouerne with the poore and meane man mercy is vsed but mighty men shal suffer torments mightily This my lords I am bold to represent vnto your lordships that yow may see thereby the euident daunger that your whole estate may be brought into by the extreame wrongs that our persecutours do vs howsoeuer her Ma tie and your Lordships may bee free from the same in wil or consent as I make no doubt but yow are For if the Prince and people are so conioyned linked togeather with the communication of merit or demerit that God doth commonly chastise the one for the others fault and for the offenses of eyther sometymes destroyeth both as I haue before declared if the priuat theft of Acham could cause the puklik calamity of the children of Israel that had no way consented thereto what may be feared to ensew of so horible and publik a crime of our persecutours as the effusion of innocent blood thirsted sought and spilt so oft and by so many subtilities and deuises by slaunders and fayned treasons by extreame torments vniustly geuen by periuries by corruption of witnesses Iuries and Iudges where by an infinit number of all sorts are drawne to the participation of the offence and all this vnder pretence of publyk autoritie of her maiesty of her councel and her ●awes what may be feared I say but that the sinne is not priuat and particuler but pnblik and general and that the whole state remayneth engaged for the payment of the penalty It resteth then my lords that of your wisdomes and piety yow procure some redresse of these inconueniences for auersion of Gods wrath from yow vs the whole realme and for preuention of the mischeefe that otherwyse must needs ensue And if it please your lordships to geue me leaue to put yow in mynd of one necessary meane thereof and as I haue layd open the sore so to represent also some part of the salue yt importeth much that for the expiation of so great a sinne and satisfaction of Gods Iustice yow lay the penalty vpon the authors and instruments of the iniustice as appeareth by the example of Archams theft whereof our lord sayd to Iosue I wil be no longer with yow vntil yow haue destroyed him that is guilty of this cryme and when Phinees killed the Israelit which committed fornication with the Madianit he auerted the wrath of God from the children of Israel as the scripture testifieth Also when the people were punished with 3. yeares famin in Dauids tyme for the offence of Saule in killing the Gabaonits the famin lessed when seuen of Sauls ofspring were deliuered to the Gabaonits and by them crucified the lyke reporteth Plutark of a most furious plague where with God punished the citties of Rome and Laurentum for the murder of King Tatius in Rome and of certayne Embassadours of Laurentium which plague suddenly ceased in both the citties when iustice was donne vpon the murderers in both places I haue not sayd this with any desire of reuenge or vncharitable affection towards our aduersaries but in respect of my duty to her Ma tie and your lordships and for the tender loue that I doe beare to my country and vniuersal good of all For as for them I meane our enemies I assure your Lordships I am so far from desyring any reuenge of them that I pitty their case knowing that except they repent and do worthy pennance God wil surely reuenge his owne cause and ours vpon them and throw into the fyre those rods of his wrath when he hath worne them to the stumps for such is the cours of his iustice to chastise first his seruants and children by the ministery of wicked men not moouing but vsing their euil wils and malice for the execution of his holy wil and afterwards to punish them most seuerely for the same therefore though he ordayned the destruction of the Temple of Hierusalem and the captiuity of his people for their sinnes yet afterwards he vtterly destroyed the Babilonians for hauing ben the meanes and instruments thereof to which purpose the Prophet sayth our Lord stirred vp the Kings of the Medes to distroy Babilon for it is the reuenge of our Lord and the reuenge of his Temple agayne I wil render to Babilon saith almighty God by the same Prophet and to all the inhabitants of Caldea all the euil that they haue donne in Sion And after in the same chapter he comforteth his people in captiuity saying behold I wil make Babilon a desert c. and no maruel seing he also destroyed the Amonits Moabits and other their neighbours for hauing laughed and skorned at their desolation and captiuity such is the loue which our Lord beareth to his seruāts as he reuengeth the least iniury that is donne thē of whome he hath such particular care as he nūbreth the very heares of their heads as our Sauiour sayth taketh all that is donne to them be it good or euil as donne to himself And now hauing layd before your lordships by way of some degression these considerations yet as annexed notwithstanding conioyned with Squires cause by coherence of the manner of proceeding I shal returne to