omnibus singulis siue Laicis siue Clericis secularibus aut cuiusuis ordinis ac instituti regularibus nominatiÌ„ ipsis Presbiteris appellaÌ„tibus Religiosis societatis Iesu aliisque quibuscunque eiusdeÌ„ Regni Angliae siue in eodeÌ„ Regno siue extra illud existeÌ„tibus sub amissionis omniuÌ„ facultatum à sede Apostolica vel aliis superioribus quouismodo ip sis vt praefertur coÌ„cessaruÌ„ nec noÌ„ excoÌ„municationis ipso facto absque alia declaratione incurreÌ„dis paenis interdicimê° prohibemus ne libros vllos pro alterutra parte in posterum edant nisi prius obtenta Protectoris similiter nunc pro tempore existentis approbatione licentia Quicunque verò aliquod genus librorum literarum tractatuum in quibus alicuius viri Catholici fama violari poterit inposterum aut aliquando fuerit violata aut ex quibus excitari possint veteres vel nouae contentiones vel quaecunque alia scripta contumeliosa ex quibus odium dissidiumue inter partes quouis modo renouari posset communicauerint seu penes se retinuerint vel euulgauerint aut aliquid de hac controuersia publicè vel priuatim scripserint defendendo vel impugnando vnam vel alteram partem aut personas aliquas vel demum qui cum Haereticis in praeiudicium Catholicorum quouis praetextu vel causa participauerint aut communicauerint eos in supradictis omnibus singulis casibus eisdem amissionis facultatum suarum nec non excommunicationis ipso facto vt praefertur incurrendis poenis volumus subiacere Et licet nos exijs quae ab vtraque parte audiuimus longè plura scribere ad te poteramus tamen cum te mentem nostraÌ„ ex his quae diximus intelligere posse arbitremur paucis contenti fuimus ac solummodo te ac omnes tam religiosos quam Presbiteros seculares quoscunque etiaÌ„ eos qui ad nos appellarunt hortamur in Domino vt communi priuataeque inter vos paci ac concordiae studeatis ac idipsum inuicem sentiatis non alta sapientes sed humilibus conlentientes NaÌ„ si Euangelicam praedicationeÌ„ in charitate Christi suscepistis cur euangelicaÌ„ pacem in eadem charitate non sectamini Charitas omnia suffert non iritatur non aemulatur charitas docet nos inimicos diligere quaÌ„to magis amicos socios fideiac laboruÌ„ Itaque vos per viscera misericordiae Christi obsecramus vt diligatis inuicâ— nemini detis vllam offensioneÌ„ nulli maluÌ„ pro malo reddatis vt noÌ„ vituperetur ministeriuÌ„ vestrum sed benefaciatis omnibus prouidentes bona non solum coram Deo sed etiaÌ„ Coram hominibus quod ex vobis est cuÌ„ omnibus paceÌ„ habentes vt fructum queÌ„ laboribus vestris in summis periculis tribulationibus quaeritis nos cuÌ„ vniuersa Ecclesia toto animo expectamus tandeÌ„ adiuuaÌ„te Domino qui est vera pax Charitas cum animi vestri exultatione referatis Datum Romae apud sanctum Marcum sub annulo piscatoris die quinta Octobris MD CII Pontificatus Nostri Anno Vndecimo M. VESTRIVS BARBIANVS To the Reuerend Priests and Catholicke Layty of our Country MAny can witnes deerely beloued in our Sauiour how willing I was to surcease and did in deede breake off when I had composed the one halfe of the treatise ensuing holding then the proceeding therein a labour and charge needlesse because foure of our brethren were going to Rome for his Holines decision and end in the controuersie But in this suspence of minde and intermission of the worke our Arch-priest on the 26. of Ianuary last promulgated the Popes Breue of the 17. of August next before after he had kept the same three months or longer in his hands as it is sayd In which Breue both we were demaunded what cause we had why we did not obey the Cardinall Protectors letters erecting the subordination iudgement therein giuen That doubtlesse we ought to haue obeyed and admitted the authoritye Which demaund and iudgement beside many other places in the Breue were euident arguments vnto vs that the same was graunted vpon wrong information and a Ca. si 15. de fil praesb li. 6. ca. si motu proprio de praebend li. 6. consequently of no sufficient force to bind For had his Holines or the Cardinall Praefect of the Breues bin truly informed of the case neither his Holines nor the Cardinall would without peraduenture euer haue made such a demaund or giuen like sentence against vs. And as litle would either of their sacred persons haue omitted to comprehend the Iesuites vnder the censure of the Breue or letted to reproue their fault had they knowne that the Iesuites were the prime authors the only stiffe maintainers and reuiuers of the crime against vs. Moreouer at the very time of the promulgation of the Breue there came forth first the Apollogie and then the Appendixe with licence of our Archpriest as written by the vnited Priestes in due subordination vnto him books that most sharply inueigh against vs for not receiuing the authoritie at first vpon sight of the Constitutiue letter For which causes and for that sundrie persons of good place haue of late affirmed that Fa. Lister could and would defend his position of our schisme against any scholler in the world and also because certain fauorites of the Iesuites hold opinion that the Breue doth not cleere vs from schisme but leaueth it doubtfull and vndecided and finally for that some of their most deuoted are so ful spirited as they sticke not to report that the cause why the Pope declared in the maner he hath done for vs was not for that our cause was iust but vpon a prudent consideration of not giuing discontentment to the king of Fraunce and our State I say for these causes and some other like to giue satisfaction to all parts who vpon anie of the former grounds or colours haue conceiued amisse of it I thought it my bounden dutie especially my brethren most earnestly importuning me to resume and finish the poore labours which I had begun and layd aside When the Cardinal Protectors letters were shewed vnto vs for institution of the authoritie we tooke our selues vnbound before God and man to subiect our selues thereunto his Grace not sending with the Letter Constitutiue any rescript of his Holinesse or other Canonicall testimonie for proofe of such his iurisdiction in our countrey and we rested the more confident and secure in this opinion both in respect it appeared most manifest vnto vs that the authoritie was procured by false suggestion and by a man much disliked of our Prince and state and who sought to rule command our Clergie and also for that it was propounded vnto vs by M. Blackwell with apparant falsities and with orders directly tending to tyrannie namely that we should not discusse the Protectors authoritie nor the
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
Gods grace with our wittingnes euer shall deserue of Peters Chaire or at the hands of his Holinesse Now if our aduersaries can answere and shew wherein we are mistaken or how the precedent reasons or authorities conclude not for vs whether the Cardinall receiued his authoritie by way of formall delegation or by way of verball commission we beseech them of charitie to communicate their knowledge and we promise them they shall find vs thankfull and most readie to recant our errour and aske them pardon And this being proued that we were not bound by law or conscience for that cannot be against conscience in which so many approued authors do agree to be lawfull to subiect our selues to the subordination his Grace erected vpon the sole credence of his Letter without further testimonie that his Holinesse gaue him Commission to institute the same in specie with all the branches and faculties it resteth for cleerer remonstrance of the truth and satisfaction of al doubts that we answer the reasons which our aduersaries make for proofe that we were bound to beleeue and obey the Cardinall Protector his Letter before the appearing of his Holinesse Breue in Confirmation thereof ONe of the chiefe reasons that our aduersaries bring for proofe of M. Blackwell in his 12. questions to the Priests 14. of March 1600. Fa. Holtbey in his discourse the last of lune 1601. and in the Apologie fol. 108. Destatu Ill. DD. Card. nu 9. such our bounden dutie is that his Grace was Lord Protector of our Nation and the distributer of faculties to Priests in their mission from Rome for England To which we answere first of the two dignities Cardinalship and Protectorship abstracted and considered apart each from other no doubt the title of Cardinalship is the greater and by so much that hardly there is any resemblance to be made betweene them as is to be seene by comparing the prerogatiues together recounted and laid downe by Zecchius in his booke de repub ecclesiastica And therefore if we were not bound as is abundantly proued before we were not to beleeue a Cardinals word in a matter of like preiudice much lesse were we then bound to giue credence to the word of a Protector in the same But be it for further proofe-sake and declaration of moe our advantages that the office of a Protector doth in right challenge more beleefe then doth the state of a Cardinall and that the two soueraigne dignities and offices meeting and residing in one personage as they did in Cardinall Caietane could not but impose a straighter bond by much vpon vs to beleeue and obey the particulars of his Graces Letter subscribed and signed with his own hand and seale then could the like Letter of any other Cardinall who was not our Protectour nor had the distribution of faculties in the missions To this we say that the authoritie of our Protector thus compounded and enlarged remaineth neuerthelesse a definite authoritie and falleth vnder the name of authoritie but the text of the law aboue cited is a Ca. cum à nobis de testib Quantaecunque authoritatis c. How great authoritie soeuer the affirmer is of he is not in things hurtfull to another to be beleeued vpon the sole testimonie of his owne word And b Inca. praeterea de dilat n. 5 Panormitane cited by c Verb delegatus nu 5. Syluester writeth that quantumcunque est persona authorizabilis what high ample authoritie soeuer the person beareth he is not in praeiudicialibus in matters of preiudice to haue beleefe built vpon the credence of his owne word onely What need moe proues It is very manifest by the vnanswerable authoritie of the text it selfe aboue cited salua in omnibus sedis Apostolicae authoritate that the priuiledge of being Ca cum à nobis de testib beleeued vpon the sole warrantize of his owne word in cases of preiudice is a respect peculiarly reserued and appropriated to the supreme dignitie of the Sea Apostolicke Or if on the other side our opponeÌ„ts wil as a principal man among them did once boldly affirme that the Cardinall did not so much institute this kind of subordination in our Church by vertue of any delegation receiued of his Holines as he did it by vertue office of his Proterctorship A conceit that M. Blackwell himselfe in some of his To my selfe the 8. of August to M. D. Bishop and my self the 17 of Aug. 1598. Letters which he wrote incontinent after the receit of the Constitutiue Letter seemeth to beate about if not to inferre calling the subordination Statuta constitutionem institutionem ordinem prudentissimam prouisionem Ill mi Domini Protectoris The statutes the constitution the institutions the order the right prudent prouision of our most illustruous Protector Now if our aduersaries beaten from their other holds will retire as some of them haue to the succour of this poore shift alas the fortresse they flie too is but a paper wall a descant fit onely to deceiue the ignorant For the office of a Protector consisting as Zecchius relateth Destat Ill arum D â—rum Card in nu 9. in proposing the elections and other causes of the Prouince or Country whereof the partie is Protector in the sacred consistorie and in answering the reasons doubts or exceptions which the Pope or any of the Cardinals shall there moue touching matters by him propounded neither did nor could impart like iurisdiction and soueraigntie to his Grace as thereby to institute of himselfe any kind of gouernement and much lesse so strange a kind of gouernement in our whole Church For why is there any kind of semblance or societie any alliance or coniunction between authoritie to propose elections to preferre the sutes of our Country to yeeld satisfaction to what is obiected in that most honourable assembly of the Pope and Cardinals the offices of a Protector and the iurisdiction of erecting a subordination the like wherof in all points was neuer heard of in our Church before if euer any where else in the Church of God The sequence is so incongruent that none of iudgement will make it and none but such as are wedded to their owne folly will euer stand therein carrying no more coherence then that chalke being white must needes without doubt be cheese or because the aduocate moueth and pleadeth his clients cause therefore without question he hath authoritie to determine and giue finall sentence in the same Touching the other part or meÌ„ber of the reason that we are bound to admit what Cardinall Caietane assigned in respect his Grace had the distribution of faculties to our Priestes that come from thence we thinke no answer fitter then silence in respect it bewrayeth so great shallownesse and defect of iudgement For if we were in this regard bound to beleeue the Cardinall on his word because he had authoritie to delegate faculties it followeth directly that we are in
owne life and there keepeth them without looking on them and thereby commeth to haue leisure and appetite to gaze vppon the life and cariages of some of the secular But to proceed in examining the rest of the testimonies Secondly his Holinesse Nuncio in Flaunders in his Letter to maister Blackwell and which our aduersaries alleage as a testimony against vs made no mention at all of the tenor of the commission nor of any particular that should be contained therein Our aduersaries themselues will not deny this or if they do we must say there is no truth in their words The whole that his Lordships letter can be drawne to make against vs or to testifie for them was in that his honour writing to M. Blackwell wrote vnto him by the name and title of Archpriest which also hapned as we thinke through this occasion After father Parsons had won the Cardinall to solicite and erect a subordination in our Church the like as himselfe thought fittest he sent a copie of the Constitutiue Letter to the Nuncio in Flaunders and to others there to reade Whereupon the Nuncio seeing maister Blackwell to be constituted Archpriest by the Cardinall gaue him also that title And what is this for proofe of the commission specially for proofe of the tenour the thing which is to be witnessed as is declared before or else what is witnessed to be little worth Thirdly touching the testimony of D. Stapleton the most and all that he wrote to the Nuncio concerning the authority of maister Blackwell and which our aduersaries lay hold on for reckord against vs was that his Holinesse had made him Archpriest Which thing also he did neither write by way of affirmance or to testifie so much but onely accidentally by occasion of another matter to weete what he thought fittest to be done about maister Tempest For at that time the Nuncio had sent M. Tempest vnto him with his accusers to be examined in the points for which the Cardinall Protector had taken away his faculties while he was in the way downwards from Rome and giuen likewise order to the Nuncio that he should be stayed in the Low-countries and not suffered to go into England Now when Doctor Worthington and maister Caesar Clement his accusers had charged him before Doctor Stapletō with as many things as they thought good or as their instructions from father Parsons directed and he had made his answer and purgation thereunto Doctor Stapleton aduertising the Nuncio by letter how the matter passed before him withall giuing his honor to vnderstand what he thought meetest to be done in the cause wrote that maister Tempest might wel be dismissed and suffered to depart into England and as he should there demeane himselfe so to receiue againe his faculties of the Archpriest whom his Holinesse had constituted superiour in England By all which being the whole summe of that Doctor Sapleton wrote to the Nuncio what more may be gathered then that Doctor Worthington and maister Caesar Clement relating the contents of the Constitutiue Letter or shewing a copie thereof vnto him which at that very season was newly come to Bruxels and made common to many the other incidently thereupon inserted in his foresayd Letter to the Nuncio the words aboue mentioned Which in no sence can iustly be reckened a testimony the writer by euidence of all circumstances thinking nothing lesse in vsing the words then as a witnesse to testifie the commission or that the subordination was the ordinance of his Holinesse by what he did say But whatsoeuer Doctour Stapletons intention was therein either to witnesse or not to witnesse the subordination as it could not be to witnesse it vnderstanding the same but by report yet our aduersaries themselues wil not say that the good man did particularize or testifie the tenour of the commission or any one iurisdiction contained therein Or had he rehearsed in his letter some moe or few particulars of the commission as he did not yet we desire to know what reason or fatisfaction can be yeelded why he might not as well haue erred in relating the tenour and consequently neither bond nor wisedome in vs to beleeue his words as he did in saying that M. Tempest vpon desert of his good cariage in England might haue his faculties restored vnto him by the Archpriest whē M. Blackwell at that time had no authority at all as himselfe both confessed practised either to restore him or giue faculties vnto any other vpon what necessity soeuer We will not stay here to aske the cause why D. Stapletons letter addressed to the Nuncio vpon the aforesayd businesse was brought ouer with other like into England and here shewed for testimonies But although we will not stand to demand the reason hereof yet we cannot but giue all men to know that our suspition doubts and mistrust of the validity of the new authority were no whit lesned thereby but very much increased seeing what meane proues were mustered and as it were marshalled in the forefront of the army of prooues against vs. Fourthly concerning the testimony of M. D. Barret there was yet much lesse cause why he should be brought for witnesse vnlesse the necessity be such that any thing must serue that can make the least shew of sounding against vs we neuer saw or heard but of two letters that he should write the one to the Popes Nuncio in Flaunders concerning matters belonging to Maister Tempest the other to maister Blackwell himselfe In either of which no other testimony was giuen then that he named maister Blackwell Archpriest and wished that those effects might follow vppon the authority which the author in the institution of the authority intēded without naming who he was And what we pray could this possibly make to the proofe of that which was then in question and which we stood vppon to know after an assured and requisite manner viz. whether the Cardinall receiued a commaundement from his Holinesse to erect such a subordination with like iurisdiction in all points ouer vs. Well it must needes argue a rich wardrope and good proues no doubt to lye in store where such poore stuffe is brought forth for shew Fiftly touching the testimony of father Bellarmine of whose letter our impugners seeme not to make the least account first we say that to this day there be very few of our company who euer saw the letter and for certaine neither of these two whom Maister Blackwell calleth the Princes in the action and hath sorest punished for defending their owne and their brethrens good names against the slaunders imposed euer cast eye thereon or the same euer sent by any or offered vnto them to reade till after the arriuall of his Holinesse Breue and our absolute admittance of the authority And therefore whatsoeuer testimony it caried it could little condemne or blame those that knew no more thereof But what might the contents be of the letter or to whom was the same
other to the sheepfold and due obedience of the same Church and highest Pontifex That which I haue said is the whole truth of my owne thoughts and as much and not otherwise then my memorie vpon best recalling of matter could suggest If our aduersaries will haue the foresaid persons to speake more for them or in another tune against vs let them produce their Letters and out of them all inforce the most they can against vs. The qualitie and maner of their dealing with vs hitherto doth not put vs in hope they will much spare vs and we on the otherside haue as little feare truth and sinceritie encouraging but that we shall be wel able to free our selues of as much as all corners being sought can be obiected in our rebuke And certes the force of the foresaid testimonies if such farre off speeches from the point vnintended and accidentall may be called testimonies which Pope Calixtus 3 q. 9. testet § si debitum denieth will appeare very weake and be most easily auoided if the ground they stand vpon be aduisedly pondered For if any of all the parties of whom our aduersaries claime testimonie should be demaunded 4 q. 2. 3. si testes §. null â—s idoneus Siluest verb testis nu 2. Cardinal Caietane excepted who neither might fitly beare euidence in his owne cause the reason why they so wrote or what knowledge or certaintie they had of the thing they affirmed would they or could they truly yeeld another reason for such their affirmaÌ„ce theÌ„ that they heard it to be so by report or that they had read the Letter Costitutiue We beleeue verily no how caÌ„ we beleeue otherwise one liuing at the time of the grant of the CommissioÌ„ in Louaine others in Bruxels an other in Doway an other we wote not where all distant a thousand miles from Rome where the authority was granted saue onely Cardinall Caietane and father Bellarmine since made Cardinall And first to heare a thing by report is no good ground or sufficient warrantise for any one thereupon to witnesse the same to be true For the Ecclesiastical Canon hath Testes noÌ„ de alijs causis vel negotijs dicant 3. q. 9. testes testimonium nisi de his quae sub praesentia eorum acta esse noscuntur Let not witnesses giue testimonie of other causes or matters but of those which are knowne to be done in their presence And Innocentius affirmeth that if one bearing witnesse of a thing and being asked how he knew it to be so as he witnesseth it to be his testimonie is nothing worth if the can render no surer cause of his testimonie then that he heard it by report Si dicit ego scio quia sic omnes dicunt non valet eius testimonium In ca. cum causam de testi attest nu 3. quia malâ—m insufficientem causam reddit sui testimonij If the Testis say I know it because all men do so report his testimonie is not good because he assignes too weake or insufficient a cause or ground of the testimonie he beareth And the same holy Father and Pope reputed the glorie of the Canonists hath these wordes in the Nu. 2. same place Officium testis est propriè dicere veritatem de ijs quae percipit quinque sensibus corporis It is properly the office of a witnesse to tel the truth of those things which he knoweth by one of the fiue senses of the bodie Consonant to this is that also which Siluester writeth Requiritur Verb. testis nu 6. quod testis testificetur de auditu proprio scilicet quantum ad sonos vel devisu quantum ad visibilia idem de alijs sensibus non de alieno * Glos in l. in sâ—m ff de aqua pluuia arcen quia non est propriè testimonium It is required that a testis should beare witnesse of the things himselfe heard or saw and so the same of other senses and not of things he taketh by report because this kind of euideÌ„ce is not properly a testimony Neither do other authors new or old disagree in this position Benintendus a Conclu 67. nu 10. Testis de auditu non solum non plenè probat sed etiam non facit praesumptionem sufficientem ad transferendum onus probandi in contrariuÌ„ A witnes speaking by hearesay doth not only not fully proue but faileth to make so much as a sufficient presumption of inforcing the aduersarie to proue the contrarie Again which coÌ„meth a little nearer and more distinctly to our case the same authour hath these words almost immediatly ensuing the other b Ibid. nu 11. Testimonium de auditu relatione alterius nullam facit probationem in negotio de recenti gesto Testimonie giuen by heare-say and vpon report maketh no presumption in a matter newly done Speculum c Li. 1. de test § 1. nu 53. Testimonium de auditu alieno sâ—z quod audiui dicit non valet A witnes vpon hearesay is little worth Panormitane d In ca. ex literis de consuetu nu 4. Testis interrogatus quo modo scit debet dicere quia vidi audiui A witnesse being asked how he knew the thing he testifieth ought to be able to answer because I saw it and heard it For that as Barbatia recordeth e Super Clem. in rubrica de elect fo 97. col 4 In vsu auditu fundatur testimonium Testimony touching mattet of fact is founded vpon assurance of the eye and eare The author comprising the verdict of the other three senses vnder the noblenesse and generalitie of the eye and eare On the other side if our aduersaries shall say that the aboue named witnesses or any of them did reade the Constitutiue Letter and therefore wrote as they did we aske them what maner of ground this is wherein it differeth from the kind of testimonie that followeth Iohn imagineth that Peter gaue him a boxe on the eare and thereupon frameth a bill of complaint against Peter and when he had framed it sheweth the same to sundry of his friends After the matter is brought to triall Peter denieth the giuing of the blow Iohn auerres it the fact resteth to be proued by witnesses Iohn in this meane while vnderstandeth that those his friends to whom he shewed the bill haue sithence addressed some Letters to certaine of their friends and vttered some words concerning the contents and drift of the bill and thereupon calleth them to witnesse and bringeth their said Letters into the Court and they comming to giue euidence the Iudge asketh whether they were present and did see when Peter gaue Iohn this blow and they answer no. The Iudge demaundeth further what then is it which they can say for testimonie of the fact Marie quoth they we did reade his bill of complaint before the sute was commenced and thereupon wrote
person and admit the execution of his office without shewing the Popes letters for testimonie of the legation Neither in shew be it spoken vnder leaue with due submission to holy Church doth such refusall deserue any great censure because seuerall a Steph. Papa dist 63. ca. lectis Nicholaus Papa dist 97. ca. nobilissimus ca. de man prin l. vnica Popes beside the demonstration of dayly practise haue testified that it is not the maner of the Apostolicke Sea to receiue an Ambassage from any person whatsoeuer without letters in the credence of the Ambassadour And therefore that holy Sea not accustoming to receiue or beleeue any Ambassadour without letters from the Prince or Potentate he commeth from it seemeth to follow not amisse this action of the highest Sea being as an exampler for other that Kings or other temporall and supreme Magistrates are not bound to receiue and giue credite to the word of a Cardinall Legate vnlesse he shew the Popes letters for witnesse of his commission But these notwithstanding we graunt as the truth is that a Cardinall Legate ought to be beleeued vpon his word without shewing the Popes letters for testimonie yet we resolutely denie that a Cardinall delegate is to haue the like credite giuen to his word in the charge or matter committed vnto him as father Parsons inferreth except he first shew the Popes letter or otherwise proue the Commission A veritie which hath bene sufficiently if not more then enough confirmed before by diuerse authorities out of all the chiefest Pag. 58. 59. sequentib writers new and old vpon the law Neuerthelesse to abound in our proofes of this materiall point we will adde one authoritie more and such an authoritie as concludeth for vs against our aduersaries whether the Cardinall instituted the subordinatioÌ„ as his Holines delegate by a rescript or as his coÌ„missioner by word of mouth only Si de magno alicuius praeiudicio agatur non creditur Cardinali testanti sibi aliquid à Papa viuae vocis oraculo maÌ„datum nec creditur ei asserenti esse delegatum nisi literis ostensis If the question be saith Zecchius of a matter that is very De statu Ill â— Cardinalium nu 9. vers 6. indomeageable to another a Cardinall is not to be beleeued vpon his word testifying that the Pope enioyned him such a commaundement by word of mouth neither is beleefe to be yeelded vnto him if he affirme himselfe a delegate vnlesse he shew the letters And the author proues both partes of the assertion by the testimonies of sundrie other writers which he there citeth Further beside the pleading of authority the reason is manifest why credit is giuen to the word of a Cardinall naming himselfe a Legate without shewing the Popes letters and not to the word of a Cardinal affirming himself a delegate or to haue receiued such a CoÌ„mission by word of mouth except he shew the Popes letter for testimonie of the delegation or proue the verbal commission after a farre more authenticall maner then by the sole record of his owne word or missiue Letter patent or sealed For when the Pope sendeth a Legate de latere to anie Prince Zecchius de statu Ill â—i Legati nu 2. Country or Prouince he neuer sendeth him but with the aduice and consent of the residue of the Cardinals which maketh the mission very notorious Againe a Cardinall legate departing vpon like occasion from the Court of Rome taketh his dispatch and leaue of his Holinesse and the other Cardinals with great solemnitie goeth likewise towards the person and place assigned after a most honorable maner of attendance accompanied with others of rare parts and when he commeth neare to the confines of the Countrey or Prouince whereof Idem ibidem nu 3. speculum de Legat. § 4. superest he is made Legate he aduertiseth the nighest Bishop of his approching at hand who presently is to commaund his Cleargie to giue their attendance and meete the Legate on his way comming and to bring his Grace to the Cathedrall Church or any other that is nearer with all sutable preparation and entertainement Which kind of ceremonies with other complements do euer make all laterall legations most aparant but in delegations and more in commissions by word of mouth there is no such solemnity nor manifestation vsed which yeeldeth a most materiall cause why credite is and ought to be giuen to the auowance of a Cardinals affirming himselfe a Legate without shewing the Popes Letters why the like credite is not by any bond due to be giuen to the word of a Cardinall if he affirme himselfe a delegate or shall say he receiued Commission from the Pope by word of mouth to do this or that To put another difference betweene the cases a Cardinall Legate receiueth the masse or body of his authority * Speculum vbi supra nu 14. Zecchius vbi supra nu 4. Siluest verb. Delegatus n. 22 Cucchus lib. 1. Tit. 25. de off potest leg Staphilus eodem tit alij a lege communi from the supreme dignitie and office he holdeth but a Cardinall delegate Commissioner or executor taketh not onely the subiect but the limits and specialties of his whole iurisdiction from the Popes rescript or verball direction and therefore ought to proue the particular tenour by other meanes then by the sole credence of his owne word especially because as a Gloss in ca. 1. de rescript verb. procâ—ssus ordinarie iurisdiction the b ca. 2 de offi-Legat li. 6. like as is legation is matter fauourable so all delegatine iurisdiction is matter displeasant or burdenous and matter that is burdenous requireth in common reason a more full and strict proofe then matter importing fauour And further that which maketh yet the case somewhat more cleare is the receiued positioÌ„ among the Canonists that although c Paâ—â—rm in ca. quod translationeÌ„ de off leg nu 10. a Cardinall is to be counted a Legate vpon his word neuerthelesse if he claime any iurisdiction more then he hath from the constitutions of the law by office of his Legateship he is not to be beleeued vpon his word but must proue his claime and saying either by shewing his commission or by testimonie of witnesses or after some legall maner which maketh plaine in the consequence that where a Cardinall hath not the authoritie he claimeth by vertue of ordinarie iurisdiction founded in his person as in an ordinarie there he is not to be beleeued vpon credence of his sole word but must authentically proue what he affirmeth ere any be bound to obey Which precedent differences and disparitie if father Parsons had considered he would neuer haue made so ignorant inference as he did vpon the place of the Glosse before cited nor would he haue so weakly reasoned if the subiect he wrote of had bene matter of state or belonged to the genealogie of Princes
before quoted do stand in ful force against theÌ„ in respect that that which is in this sort done by the authoritie of another is a delegatine act and bindeth the doer to shew or proue the commission ere he can compell beleefe or obeysance in the processe f Gloss general in ca. Si euÌ„ de PraebeÌ„d li. 6. verbum authoritate nostra inducit actum delegationis The word by our authoritie induceth an act of delegation And that the Cardinall did chuse M. Blackwell to be Archpriest by authoritie and commission from his Holinesse it is witnessed Of the 17. of August 1601 Note the wresting sincerity of the man in the new Breue euen whence father Parsons culled the sentence in which he inserted his pareÌ„thesis aboue mentioned where the words are these Habita iam à biennio super hac re matura deliberatione bonae memoriae Henrico Praesbytero Cardinali Caietano nuncupato nationis AngloruÌ„ Protectori coÌ„misimus vt viruÌ„ aliqueÌ„ probuÌ„ qui hoc onus ad communem Catholicorum vtilitatem posset sustinere delegeret eúmque Archipraesbyterum eiusdem Regni Angliae authoritate nostra constitucret Hauing had mature deliberation for two yeares space of this matter we gaue comission to Henry Presbyter Cardinall Caietane of good memory that he should chuse some honest man who might beare this burden to the common profite of Catholickes and by our authoritie constitute him Archpriest of the same kingdome of England Or why stand we to proue this euident truth by the testimonie of his Holinesse Breue when father Parsons the drawer of the forefaid Bill of complaint against our two brethren and the markeman and inserter of the parenthesis acknowledgeth both in the * Fol. 7. first and in the * Fol. 99. eight Chapter of the Apologie that the Cardinall instituted the Archpriest by commission from his Holinesse His wordes in the first place are his Holinesse gaue full commission to Cardinall Caietane the Protector to appoint the same viz. a gouernement with conuenient instructions which he presently did And in the second these his Holinesse committed the institution of the matter that is of instituting an Archpriest by speciall order to the Protector to be done in his name Which auowances of father Parsons whether they be true or not true in themselues as true they cannot be if Signior Acrisio * Fol. 139. 121. the Popes Commissarie and Canon of S. Iohn Laterans as he styleth him be a true man in his word for he told our two brethren remaining in prison that the subordination was not the commaundement of his Holinesse as his Holinesse himselfe newly affirmed vnto him adding for reason as it hath bene * Pag. 34. before specified that his Holinesse durst not command it for feare of hauing his censures contemned by the Priestes in England yet they manifest thus much that euen by his own confession the Cardinall was the institutor of the Subordination And now if we adde to these what it is to delegate and who is a Delegate there can we hope remaine no doubt but that the Cardinall was the Popes delegate in the erecting of the subordination and by consequence not such a bare publisher and witnesser therof as our aduersaries would faine haue him to be for ridding themselues out of some narrow straits by reason of the authorities aforegoing that otherwise presse exceedingly and ineuitably vpon them and as clearely excuse vs of all blame for not surrendring our obedieÌ„ce to M. Blackwel vpoÌ„ view of the Cardinals letters before either his Holines had ratified the fact or giueÌ„ notice vnto vs of such his pleasure or the Cardinall proued his coÌ„mission after some authentike or legall maner Of which no one was done so long as we bore off and so soone as to our knowledge either was done we presently submitted our selues g In rubri de off deleg nu 13 l. delegarâ—ff de nouationibus Delegare est vice sua alium dare to delegate saith Decius is to appoint another in his stead h Siluest verbo Delegatus nu 1. Delegatus quoad ecclesiasticos est is â—ui à summo PoÌ„tifice vel ordinario causa committitur aut ab eo qui extraordinaria iurisdictione aliquid potest A delegate as the word appertaineth to ecclesiasticall persons is he to whom a cause is committed by the Pope or Ordinary or by him who through extraordinarie iurisdiction can delegate or appoint that charge to another By which definitions it is very apparant the tenour of the Constitutiue Letter the wordes of the Breue and what father Parsons himselfe acknowledgeth in the Apologie considered that the Cardinall Protector was his Holines delegate in erecting of the subordination and consequently we not bound as it hath bene ofâ—en sayd to obey his Grace till such time as he shewed the rescript of the delegation or proued his Holinesse verball commission giuing him authority to delegate the like ample and extrauagant iurisdiction to the Archpriest as is specified in the Constitutiue Letter Neither are the distresses of our aduersaries releeued a whit if they should contend as what vntruth is there which will wit cannot in some sort flourish ouer that the Cardinall was but an Executor in the institutioÌ„ of the subordinatioÌ„ because i Doct de rota decis nou de off Dele decis 6. n. 2 de concess Praeb decis 19. nu 1. Gloss in ca. Tibi qui de rescrip verbo certo Gloss in ca. Si super de off Dele ver Principalis l. 6 euery Executor is a delegate his authoritie delegatine therefore not to be obeyed vnles he proue the coÌ„mission the tenour And besides the authorities * Pag. 58. sequentibus before quoted for proofe hereof this that followeth taken out of k C. de iurâ— fis li. 10. l. Sancimus â— de diuer rescrip 25. quaest vlt. sancimus the ciuill law and recorded by l In compend Resolut verbo Executor Brunorus maketh the case plaine and confirmeth abundantly Executori dicenti se potestatem habere ad exequendum ex mandato principis non creditur sine literis nec sufficit exhibere literarum transumptum sed originale exhiberi debet Beleefe is not to be giuen to an Executor affirming himself to haue authoritie to execute by the commandement of the Prince without shewing his letters nor is it inough to shew the transumpt or copie of the letters but he ought to shew the originall Neither is the force of the authorities auoided in that the Executor was a Cardinall because in matters of like domage no one is bound to beleeue and subiect himselfe vpon the sole word of a Cardinall as Panormitane Felinus Alexander de Imola Antonius de Butrio Benedictus Valdus the Doctors of the Rota Nauarre Siluester Zecchius Lancellotus Conradus Bartolus Iason with others * Pag. 60. 61. 62. 66. 89. before cited do teach and no author impugnes that we
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
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
after diligent consideration had of the nature of the businesse either reuerently to accomplish our commaundement or yeeld a reasonable cause why you may not fulfill it And p In ca. si quando de rescript nu 1. Ioannes Andreas writeth Is ad quem rescriptum Papae dirigitur debet illi parere aut iustam causam ostendere quare non paret He to whome the Popes rescript is directed ought to obey it or assigne a cause why he doth not obey it The same q Ibidem nu 1. hath Felinus r In ca. cum teneamur de praebend in apostillis ad Innocent Baldus writeth further Quod si in literis Papae dicatur districtè praecipuendo mandamus tamen potest supersederi ex causa iusta That if the Pope do strictly coÌ„maund such a thing to be done neuerthelesse the same may be omitted vpoÌ„ a iust cause Likewise the Glosse affirmeth s In ca. cum teneamur de praebend Quod â—portet mandatum domini Papae adimplere nisi subsit causa non adimplendi That we ought to fulfill the commaundement of the Pope except there be a cause of not fulfilling it Also Graffius writeth alleaging Saint Thomas and Panormitane for proofe of the position t P. 1. li. 2. ca. 36. nu 15. 16. Quod in omni praecepto legis positiuae admittitur exceptio causa rationabilâ—â— That in euery precept of a positiue lawe the exception of a reasonable cause is admitted And the reason hereof is because the lawes of the Church or commaundements of Superiours are not secundum se in their owne natures of the necessitie of saluation as are the precepts of God v D. Thomas 22. q. 147. art 4. ad 1. See the 7. 8. and 12. propositious pag. 27. See also pag. 47. being the precepts of the lawe of nature but only by the institution of the Church or decree of the Superior and therefore some causes or obstacles may occurre whereby a partie may not be bound to the obseruance of them By all which it appeareth with how little iudgement or rather with what ignorance and childish reasoning father Parsons in the tenth leafe of the Appendix inueyeth and inferreth against vs for affirming that one may vpon a reasonable cause deferre to fulfill the commaundement of the Superiour NOw for the more perspicuitie of all that hath bin hitherto said it seemeth necessarie that we put downe the whole race of the controuersie and what offers of attonement we haue made from time to time that so the reader may see whetherside hath more inclined to peace and sued for it And to shew this from the beginning of the difference and how desirous we euer were to giue satisfaction to all parties who were scrupulouslie grieued at the manner of our proceedings chiefely of mine on whome most blame was layd I will here set downe two Letters for testifying of such our willingnes the one written to father Garnet the other to an earnest lay-fauorite and patrone of the aduerse part Very Reuerend Sir VNwillingnesse to shew my selfe either too quick in taking or ouer-tender in brooking iniuries hath hitherto not a little as to me seemeth staid both toung and pen from due questioning and complaining and would haue done longer but that reports are now growne to the like head as euen feare of offending through too great neglect of my good name necessarily enforceth a more respectfull consideration vpon me My owne eares haue bin witnes good Sir and my friends euery where giue me to vnderstand how sinisterly I am talked of for wronging that I vse but one and no harder a tearme albeit many and much harder be spread of me the fathers of the Societie These are therefore to beseech you and in all right of charitie to intreate the receiuing of so much fauour or rather not the vndue tribute of iustice from you as to acquaint me with those particulars wherein I haue reproueablie either to your owne knowledge or by such information as will be stood vnto miscaried my selfe in word deede or demeanour against your selfe or any of your societie I expect my full charge and do no way desire you to leaue any point vntouched or not amplified to the most whereof you hold me culpable Adding that the plainer you deale with me herein the better cause I haue to like you Aduertising besides that for sauing some of your friends credit so farre as the deliuery of like vntruths do discredit it importeth to alleage the most you can against me If my leaue be desired as no neede I yeeld it franckly because I would not willingly dwell in ignorance of my sinnes nor omit satisfaction where I am bound to make it Thus in briefe you haue my request and see the motiues I praye affoord me the performance with the soonest Fare you well with very good will though the course if with your priuitie followed against me sheweth little good will Nouember 5. 1598. By him whom plainenesse in the premisses maketh more yours I. Colleton SIr I perceiue by the continuance of your hard speeches against me vttered euen where they may worke me most hurt that there will be no end of the euill vnlesse some meanes be taken that both you may vrge whatsoeuer you can obiect against me and I on the other side haue leaue and hearing to make my answers To which intent I offer by these to come where and when you shall appoint and do further beseech you that you would haue such present as you thinke can speake most and best proue your and their accusations against me I shall come alone only with the testimonie of my owne conscience you may take to your selfe as many as you shall thinke good and if you and they shall iustly proue me to be faultie in that I goe charged withall I wil forthwith God willing both aske you pardon and be ready to make any satisfaction that shall be thought fit In the meane it were good we remembred what the holy Ghost writeth The abomination of men is the detractor By which words the wisdome of heauen seemeth to affirme that of all ill qualities which make men hatefull and their companie to be abandoned the vice of detraction is the first Surely if the mouth speaketh from the abundance of the hart then what suds must lodge in the hart of him that depraueth the good name of another and incomparablie more in his who calumniouslie accuseth his spirituall father For such a one the lawes of holy Church reckon for an infamous person No more but what I write to you the same I meane to your sonne Maister N. Fare you well the 28. of Ianuary Yours howsoeuer you repute of me Iohn Colleton TO the latter of these Letters I receiued no answere at all and of the former I receiued the answere that followeth which I thought good to set downe verbatim both to the end that others might see wherewith I was charged and how I cleered
Arch-priest inflicted his punishments and how vnconscionably contrary to all truth and iustice he would haue vs in our submission to bely and defame our selues For it is to be noted that this forme of submission or iniurious condition of release was not sent to Maister Drury alone but the same was exacted also of Maister Mush when he wrote to the Arch-priest for the restoring of his faculties and of vs all especially of my selfe when Maister Iohn Benet vpon direction from father Parsons labored to compose the dissention into whose hands at that time as himselfe can witnes I committed my whole particular for him to make what end he thought sit so willing I was of peace howsoeuer our Arch-priest held me therein auerted which manner of proceeding exaction so greatly distasted Maister Benet as whereas before he would not graunt to set his name to the Appeale he then presently gaue his consent thereunto saying that he now saw no hope of compounding the controuersie by any other more peaceable meane then by appellation The Prophet writeth Erit opus iustitiae pax Peace shall be the Esay 32. worke of Iustice And the Euangelists do note vnto vs that our Sauiour stood in the middest of his Disciples when he sayd Pax vobis Luke 24. Iohn 20. Peace be vnto you signifying thereby that indifferencie begetteth and continueth peace A vertue which our Arch-priest hath not hitherto much obserued but rather shewed himselfe euer most partiall betweene the Iesuites and vs as the particulars afore going do conuince and so also may the words which he vsed to me at my last speaking with him to wit that whatsoeuer we should say or do against the Iesuites he would take the same to be done as to himselfe Which considered the nature of their iniuries done against vs and how little they seeme to incline to satisfie or desist from increasing of them may easily appeare and â—â—stly put vs in dispaire of enioying peace so long as his Reuerence holdeth his place and opinion Our good Lord turne all things to his honor To fold vp the whole discourse we do and euer did very certainely assure our selues vpon the reasons afore-going that our deferring to receiue the new authoritie was lawfull before God and man as either commaunded or directed by the Canons of holy Church and not repugnant to the doctrine of any good writer auncient or moderne Idle therefore and vngrounded are the exceptions which our oppositors pretend and the slaunders they haue raysed of vs or if they will not haue ignorance to diminish their fault the calumniations toto exorbitant and excessiue Wherefore we hope they will make vs satisfaction especially for the temporall losses that haue directly accrued vnto vs by such their defamations and more through the wrongfull taking away of our faculties They know the b Reg. 4. de regâ—ur li. 6. rule of the law the same c Ad MacedoniuÌ„ epist 54. being the maxime of Saint Austen Peccatum non dimittitur nisi restituatur ablatum The sinne is not remitted except what is taken away be restored and satisfaction made where d D. Tho. 22. art 2. 4. there is abilitie of the domages incurred And they know also that e Ibidem art 8. restitution implyeth a negatiue precept and consequently f Ibidem 2â— q. 35. art 2. c. that it bindeth them to make the same forthwith Neither are they ignorant that this right of satisfaction g Siluester verb. Papa nu 16. being conteined vnder the first conclusions of the law of Nature remaineth vndispensable by any power vpon earth so that knowing to what they are bound our demaund and affiance is that they will discharge the bond and not as witting offenders deserue to be beaten with many stripes They haue the Luke 12. whole realme and a great part of the Christian world to their lookers on and therefore it would vndoubtedlie redound to their obliquie and scandalize not a few if they should make no satisfaction for so grieuous iniuries and detriments It hath bin proued once or twise before that the prorogation of Pag. 85. 86. 238. yeelding our obedience to M. Blackwell was neither disobedience against his Holines nor the Cardinall nor against himselfe notwithstanding the contrarie assertion of our aduersaries and the laying of a much fouler crime to our charge a crime which for the obiect or noblest good it impugneth being the h D. Tho. 22. q. 39. ar 2. Note the grieuousnes of our defamation vnitie of Gods Church his Doue spouse is worse then theft adultery murder or patricide and worse then the most detestable outrage that can be committed against our neighbor We of purpose omit here to refute the vnworthines of the imputation because his Holines himselfe hath giuen sentence against the same and not only cleered our delay from the accusation of schisme and enormious disobedience but from all kind of disobedience And verily we cannot but greatly maruell how possibly so many of our aduersaries carying the reputation of learning and iudgement could conspire in so great an error vnlesse the wisedome of God thought it fit for some cause to humble them or check the high opinion which many carry of their worthes to the disgrace if not to the contempt of others their fellow-laborers and perchance of equall deserts with them in the worke they iointly haue in hand Obstinate disobedience and without i D. Tho. 22. q. 39. art 1. obstinacie there can be no schisme may be considered three manner of wayes either against the thing commaunded or the person commaunding or against the office of the commaunder in not recognising him for his Superiour And this later kind of rebellion only maketh the crime of schisme as k Ibidem ad 2. Saint Thomas and all his l Caiet ibidem in summa verb. excommunicatio 7. Banues ibideÌ„ Valentia Tho. 3. dispu â— 3. q. 15. punct 1. expositors with the m D. Antoninus 3 par tit 22. ca. 5. §. 11. Archidia 3. par tit 13. Siluester verb. schisma ante nu 1. Summists do witnesse Hence it followeth demonstrably if our refusall to receiue Maister Blackwell to our Arch-priest did or could any way possibly make vs schismaticks that the only and principall cause of such our refusall was and of all necessitie must needes haue bin for that the Pope note our words or the Cardinall by his commission had instituting the subordination appointed him for our Superior which how farre it was and is from all truth let our sending to Rome declare let the protestations we made in our first letters that the least canonicall notice which should come from his Holines should presently stint all disputes and Pag. 269. finde vs readily obedient in what soeuer let our often repeated demaund and continuall insisting for a Breue Bull or other Papall instrument Pag. 255. for testimonie of the Institution
Christi confessores die 7. Martij anni millesimi quingentesimi 98. deputauit prout in praedictis patentibus literis quarum tenorem praesentibus ac si ad verbum insererentur pro expressa habere volumus plenius continetur Nos autem cupientes duputationem praedictam ac omnia in praefatis literis patentibus contenta tanquam de mandato ordine nostro cum participatione ac plena scientia nostris facta ordinata plenariè executioni vt par est demandari Et vt illa omnia pleniorem roboris firmitatem obtineant prouidere volentes motu proprio ex certa scientia matura deliberatione nostra deque Apostolicae potestatis plenitudine deputationem supradictam ac praenarratas Henrici Cardinalis Protectoris patentes literas desuper expeditas cum omnibus singulis in illis expressis facultatibus priuilegijs indultis iustructionibus declarationibus ac alijs quibuscunque contentis in omnibus per omnia perinde ac si omnia hic nominatim expressa specificata essent authoritate Apostolica tenore praesentium confirmanius approbamus illisque Apostolicae ac inuiolabilis firmitatis robur adijcimus omnes ac singulos defectus si qui in eisdem interuenerint supplemus eaque omnia singula de expresso mandato ordine cum participatione certa scientia nostris facta ordinata fuisse esse ac propterea valida firma efficacia existere fore ac plenissimam roboris firmitatem obtinere suumque plenarium effectum sortiri obtinere sicque ab omnibus censeri ita per quoscunque iudices ac commissarios iudicari definiri debere ac irritum inane quicquid secus super his à quoquam quauis authoritate scientèr vel ignorantèr contigerit attentari decernimus non obstantibus constitutionibus ordinationibus Apostolicis caeterisque contrarijs quibuscunque Datum Romae apud S. Petrum sub annulo piscatoris die 6. Aprilis anno 1599. Pontificatus nostri anno octauo M. Vestrius Barbianus Pope Clement the eight FOr future memorie of the thing c. Among the weightiest cares of our pastorall sollicitude that surely of conseruing and propagating the Catholike Religion possesseth the chiefest place and therefore what things soeuer are done and ordained to this end vpon our commaundement by the Cardinals of the holy Romane Church we that they may take due effect do fortify the same with the strength of a pastoricall confirmation For as much as of late our beloued sonne Henry presbyter Cardinall of the title of S. Potentiana Chamberlaine of the holy Romane Church Protector of the English nation with vs and the Sea Apostolike hath by our commandement for the happy administration and gouernance and for the mutuall loue peace and vnion of the Catholikes of the kingdomes of England and Ireland and for the conseruing and augmenting of Ecclesiastical discipline deputed by his letters patents dispatched which begin in this maner It is knowne and almost by dayly experience found true and end after this sort And I very hartily cōmend me to your prayers most louing fathers and brethren and Christ his most reuerend confessours the 7. day of March 1598. our beloued sonne George Blackwell English Priest Bacheler of Diuinitie for his pietie literature zeale of Catholicke Religion and his other vertues to be Archpriest ouer the English Catholickes with certaine faculties by him and other twelue Priests his Assistants respectiuely to be exercised as is more at large contained in the said Letters patents whose tenor we will haue reckned or expressed as if they were word by word in these presents inserted And we desiring the foresaid deputation and all things contained in the aboue mentioned Letters patents as done and ordained by our commaundement and order and with our participation and full knowledge to be put as meete is in full execution And being desirous to prouide that all these things may haue the greater firmenesse of strentgh we of our proper motion and certaine knowledge and mature deliberation and of the fulnesse of Apostolicall power do by the tenour of these presents confirme and approue with Apostolicall authoritie the aboue named and rehearsed Letters patents of Henry Cardinall Protector * Desuper expeditas sent from hence with all and singular faculties priuiledges fauors instructions declaratiōs expressed in them and other things whatsoeuer contained in and by all respects as if all things here by name were expressed distinguished and we do adde vnto them the strength of Apostolicall and inuiolable firmenesse and do supply all and singular defects if any hapned in the same and all and singular these things to haue bene and to be done and ordained by our expresse commandement and order and with our participation and certaine knowledge and therefore to be remaine of force firmenesse and of efficacie and to obtaine most ample strength and take and hold their fullest effect and so ought to be censured of all men and to be sentenced in like sort and defined by what iudges and Commissioners soeuer and we do decree to be void and of no validitie whatsoeuer otherwise in these things shal fortune to be attempted by any man of what authoritie soeuer wittingly or ignorantly notwithstanding the constitutions and ordinances Apostolicall and whatsoeuer els to the contrary Giuen at Rome at S. Peters vnder the fishers ring the sixt day of Aprill the yeare of our Lord 1599. the yeere of our Popeship 8. M. Vestrius Barbianus TO auoide all doubtfull vnderstanding of words and here first to agree of the issue that when the point is debated the difference be not found in the end to consist only in the diuerse taking of words and in no diuersitie of matter we request leaue of our Archpriest to moue this one question whether by the foresayd asseueration viz. that the Popes Breue confirmed the Cardinals Letters as validas ab initio and vtterly condemned and inualidated all things done to the contrary he meant that the sayd Breue did so confirme the Cardinals Letter Constitutiue as it had force from the beginning to bind vs vnder the crime of schisme or enormious disobedience to accept presently of the subordination without delaying our submission in the maner we did that was vntill the appearing of his Holinesse Breue or whether his meaning by the foresayd words were onely that the sayd Letter had an obligatiue force from the beginning in it selfe in that it was written by lawfull and sufficient authoritie to wit by speciall commaundement of his Holinesse but yet it had no force actually and forthwith to bind vs to receiue the subordination assigned because there wanted either some Papall instrument or other more authentike proofe then the Cardinals owne affirmation for testimony of such his Holinesse commaundement and graunt of the particular faculties enacted If our Archpriest vnderstand this latter sense in his auowance as the cause whereupon and the ende why
he vsed the words with the circumstances of both do all gainsay and most plainly contradict that his Reuerence had any such meaning we assent and say the same with him that the Popes Breue confirmes the Cardinals letter as validas ab initio and vtterly condemneth and inualiâ—ateth all things that from thence should happen to be attempted to the contrarie But on the other side if our Archpriest meant by his words that the Cardinals Letter Constitutiue was of force from the beginning to bind vs to admit of the subordination appointed without staying for further proofe or confirmation as with no colour it can be denied but that his Reuerence had this meaning for otherwise how could he possibly declare especially in a publicke Decree that all the Catholickes in England who any way before the comming ouer of the Breue had impugned his authority were therein really disobedient to the Sea Apostolicke and rebels against his office and that the Pope in his Breue declared no lesse by condemning vtterly all things done to the contrary vnder which no doubt our prolonging must needes be implied then vnder his good leaue we must say that he is much mistaken and offereth wrong to his Holinesse in reporting him to write that he doth not and perhaps that too which in equity he could not Or howsoeuer this be yet his Reuerence may do well to tell vs and the world beside being possessed with his former charge against vs in what words of the Breue either expresly or implicitiuely in the sayd condemnation contained of all things done to the contrarie We say done signifying actions that passed before the promulgation of the Breue as did our deferring and not actions enterprised since the publishing thereof For as we will most willingly graunt that his Holinesse annulleth all actions succeeding the date of the Breue attempted by whom soeuer so must we agnize that we can neither see nor coÌ„iecture in what part of the Breue or by what words thereof his Holinesse either condemned or taxed the actions performed before the setting forth of the Breue If the Cardinals letter was of actuall force to bind from the beginning from whence did it take vigour It is a generall proposition among Speculum de probat § 3. nu 15. the Canonists that Creditur literis cuiusque de hijs quae facere potest vel debet ratione officij sui Beleefe is to be giuen to euery mans letters in the things he can or belongeth to him to do by vertue of the office he beareth But it hath bene made verie manifest before that the Cardinall could not institute such a forme of gouernement in our countrey by vertue either of his Cardinalship or Protectorship and therefore the letter his Grace wrote for enacting the same was by vertue of some extraordinarie iurisdiction and not by any quality of his foresayd dignities and consequently the iurisdiction being extraordinary we were not bound to giue such infallible credite and height of obeysance to his Honours letter as by and by to prostrate our selues to the subordination his Grace appointed being alike vnprofitable imperious and most burthensome before his Grace had proued the commission by other meanes then by witnesse of his owne word A verity so clearly shewed before and with that force of authorities as it were superfluous to seeke to confirme it with moe To say the Pope hath declared that the Cardinall his letters are from hence of force and that all things therein passed with his Holinesse full knowledge and participation maketh no more for proofe of the crimes obiected against vs then the promulgation of a law doth proue those to haue transgressed the law who betweene the making of the law and the promulgation thereof committed such acts as the sayd law prohibited Which is so feeble a proofe the promulgation being of the a distinct 4. ca. in isâ—is D. Th. 1. 2. q. 90. art 4. ca. de legibus l. leges in authentica omnes tum Canonistae tum Theologi essence of the law and without which the law not binding as none can be weaker And now to come to the last part of the foresaid auowance where our Archpriest writeth that our proceedings euen before the comming ouer of the Breue were sharpely condemned by the sentence of the two Illustrious Cardinals and also by the iudgement of his Holinesse It hath bene shewed that no such condemnation passed vpon vs either by sentence of the two Cardinals or by the iudgement of his Holinesse And we further affirmed that what condemnation soeuer passed vpon our two brethren by sentence of the two Cardinals yet that that condemnation and sentence cannot truly and properly be called the iudgement of his Holinesse For although the said Cardinals tooke their authoritie from his Holines of being iudges in the cause of our two brethren neuerthelesse the sentence they gaue was their owne act and iudgement and not the act and iudgement of his Holinesse as is most â—eare by this that their graces were delegatine iudge in the cause and his Holinesse the Delegator For to delegate and to be delegated being two distinct things and not competible in one person in one and the same respect it followeth that the sentence of the delegatine Iudge or Iudges is not the sentence and iudgement of the delegator as witnesseth Decius in these words Licet a Decius in ca. 〈…〉 rnimus de iudâ—ijs n. 35 delegatus habet potestatem à delegante tamen iudicio suo iudicare dicitur vt est textus in ca. Prudentiam de officio deleg Although the Iudge delegate haue his iurisdiction from the delegator yet the iudgement which he giueth in the cause committed is his owne iudgement as hath the text in the Chapter Prudentiam de offic deleg Which position is also manifest in that Appellation from the Iudge delegate to the delegator is very frequent and holden by b Decius in rubrica de offic de leg nu 5. Siluester verb. Appellatio nu 9. li. ff si quis à quo l. praecipimus c. de Appel all writers for the most orderly Appellation Which could not be if the sentence of the Iudge delegate were the sentence or iudgement of the delegator for then such Appellations were from a sentence to the giuer of the same neither fit nor like to releeue nor euer vsed but when sentence was giuen vppon wrong information and by the supremest Iudge only The infereÌ„ce we would make out of these is that admitting the two Cardinals giuing sentence vpon our two brethren had inuolued and condemned vs their complices in the same sentence as there is no such thing nor by iustice could be yet their Graces giuing that sentence as delegatine Iudges neither did nor could but make the same sentence their own sentence and not the sentence and iudgement of his Holinesse and consequently we cannot but recken this auowance of our Archpriest that our