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A03332 The apology of Theophilus Higgons lately minister, now Catholique VVherein the letter of Sir Edvv. Hoby Knight, directed vnto the sayd T.H. in answere of his first motiue, is modestly examined, and clearely refuted. Higgons, Theophilus, 1578?-1659. 1609 (1609) STC 13452; ESTC S114948 30,879 65

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respect of his generall loue vnto our contreymen and speciall benefitts vnto many in which number I am the Bishopp I say being not their Pastour had neither will nor power to proceed against such as offend not by publick and notorious scandall from which they did wholly decline as knowing what appertayneth vnto honest and good deportment in theis affaires Not Temporall for the cause being not ciuill but religious the temporall sword dependeth vpō the ecclesiasticall and is not drawen before but after it as t S. Bernard de Consider lib. 4. S. Bernard saith the materiall sword and spirituall sword are both belonging vnto the Church that is to be exercised for the Church this by the Church this by the hand of the Priest that by the hand of the soldier sed sanè ad nutum Sacerdotis jussum Imperatoris 15. If then they were as indeed they were free from danger in or by any of theis meanes either u Psal 52.6 they feared where no feare was or by this pretense of feare they would deriue hatred vpon those men who were desirous to giue them the pledges of their loue And this is no new deuise in our contreymen of Sir Edwards Religion to speak euill for good vpō their returne out of Catholick lands to procure vnjust hatred by vnnecessary feare as ❀ Numb 13 33. some vngratefull visitours of Canaan did speake euill of it and gaue out reports of the terrible Giants therein purposely to deterr the people from making entrance into the land of promise §. 3. Violation of promises and Oaths 1. I Am now arriued vpon the last accusatiō which toucheth my infidelity and perjury An example of the first was mētioned * §. 2. num 8. before and is to be considered heere viz. Contrary to your solemne promise you made your Fathers presence knowen to your Confessour Which accusation may appeare vntrue because the Letter whereof something is † Chap. 1. §. 2. num 11. already spoken though it hath not fauoured me in any relatiō yet it is wholly silent in this point For thus saith the Authour thereof in my Fathers name Being in S. Omers I willed and chardged him my Sonne not to reueale my being there not withstanding he made it knowen the same night as vpon examination he confessed vnto me the next morning which made vs presently to come away fearing our liues to be in danger amongst such a company of helhounds as that towne is stuffed withall 2. Behold on my Fathers part willing and chardging me not to reueale his presence but on my part no promise either simple or solemne Which point being of singular aduantage against me if it had been true had not been concealed in that Letter wherein each particular hath the waight of all circumstances more then due also to aggrauate the quality of my offence But as my memory doth not witnesse nor my conscience accuse me of any such solemne promise so it imported me for just causes to retayn my liberty therein 3. For when my Father and my Friend whose true name and quality were knowen vpon some accident before I saw him pressed me very earnestly to returne I desired of them a time of deliberation for my mature and certayn answere x Cic. Diu deliberandum quod statuendū semel I was to consider long vpon that which I was but once to vndertake my case being like vnto his who hath the conduct of an army can make but one fault in warr as y Plutarch in apo●… Reg. 〈◊〉 Scipio said A man can not make two faults in warr because there is no remedy but ruine by the first before he can committ the second So it was in my affaire I was to stand or fall in body and soule vpon this acceptāce present choyce 4. Whereupon finding my self mooued in consciēce to take aduise with and from him whose counsayle was vnto me as the oracle of God in all spirituall things I acquainted my Father expressly with my resolution herein shewing him also that by detection of his presence no danger should or could ensue And though he was very willing to diuert me from this course yet seeing my constancy he made me an absolute I might say solemne promise not to depart from S. Omers before the tuesday morning so that I should haue the whole monday for time of deliberation according to my request So still here was no promise from me not to reueale his presence but rather the contrary and this may be sufficient vnto the objection of the Knight 5. Now whatsoeuer my Fathers commandement or chardge was or howsoeuer he may think that I erred in obedience or others that I fayled in discretion yet my conscience did thus solicite me with hir effectuall motions But whereas it is sayd farther that I vpon examination the next morning confessed how I had reuealed his presence the last light vnto a Popish Priest and that THIS made him come away fearing c. I must humbly intreate pardon to shew that my confession was not the cause of this sodayn departure 6. For when I tooke leaue of him and of my friend vpon the Sonday night I left them in their resolution as it seemed vnto me to expect my answere for returne vpon monday in the euening or rather vpon tuesday morning and accordingly I intended to prepare my answere either yea or no as the difficulties should present themselues vnto me vpon more exact recollection of my thoughts Howbeit comming vnto his chamber on the monday morning I found him prouiding to be gone with as much speed as he could Wherefore my sayd confession that I had reuealed his presence vnto a Popish Priest was not occasion of that departure which he had prepared and resolued vpon before I entered into his sight And though this were no lesse grieuous vnto me then vnexpected yet he gaue me no such reason of this departure but that his money fell short things were vncertayn c. 7. Thus much of my Infidelity now I am to treate of Perjury whereof three remonstrances are produced by the Knight FIRST z pag. 17. You did protest as you hoped to haue any part in our Sauious passion that within three weeks at the farthest if you liued so long you would be in England after your Fathers returne c. a pag. 18. You made your Father a sorrowfull witnesse of your perjurious vow 8. I will not deny any thing b pag. 12. whereunto my Knowledge can suscribe It is true therefore I promised to returne But you must obserue with me FIRST the inference of this point and the connexion which it hath with the premises viz. You wrote a little Pamphlet contrary vnto the principles of the Romish profession When After your reconciliation vnto that Synagogue What doth that prooue Your small liking vnto that Religion And sayth the Knight immediately therevpon were you not now in Hucksters hands whose vigilant eyes