men amongst the protestātes themselues haue noted heretofore But now comming hether to Rome and seing the matter reuiued and mightyly vrged to the preiudice of all Catholykes by 2. seueral lybels composed lately in England the one by an heretical minister ashamed of his name and therfore Sutly shrowding it vnder a fals Visar of O. E. and the other written very lately by a puritan as it seemeth calling himself Thomas Diggs I haue determined to set out my apology for the ful satisfaction of all indifferent men in this poynt wherto I am moued the rather for that I haue also sufficiently treated therin some other matters handled by O. E. who laboureth to proue that all the persecution which Catholykes haue hetherto suffred is iustly to be ascribed to their treasonable attēpts besydes that he is not ashamed to affirme that none haue bē put to death in all her maiestyes raigne for matter of religion which impudent assertion of his I haue so sufficiently confuted in my sayd apology as no more needeth to be sayd in that matter Neuertheles vpon this new occasion giuen by him I haue thought good to prefix this treatise to thesaid Apology to giue thee good reader some more particular satisfaction concerning this point and first to answere sincerely and truly vpon my owne knowlege an other slanderous and malitious conceit of his touching the il affection as he supposeth of diuers principal Catholykes to their country and therefore for as much as I intend also vpon occasions that may be offred to debate and discusse in this treatise some pointes of Catholyke religion now in controuersy and withal to cleare our doctrine in those pointes from certaine malitious slanders of our aduersaries I haue thought good to entytle the whole A defence of the Catholyke cause Wherein I make no doubt but that thow wilt easely note good reader amongst many other thinges the inconsideration of our aduersaries in that they are not content only to wrong vs in our goodes and persons by extreme iniustice vsed towards vs but also to wound vs so deeply in our fame by their calumniatious and slanderous lybels and reportes that they force vs much against our willes to lay open to the world their shameful and vnchristian proceedings in defence of our owne innocencie and for the honor of our cause which not only all lawes of God nature and nations do allow and permit but also conscience vrgeth and byndeth vs vnto in this case For although priuate men may somtymes with great merit suffer themselues to be slaundered without contradiction when no furder detrimēt ensueth thereof then the losse of their owne fame or their particular hurt yet when the same is ioyned with other mennes harme or with a publyke damage espetialy of religion they cannot without offence to God neglect or omit their owne iust defence Therefore I hope no man wil blame mee or other Catholykes in lyke case for offring iust purgation of our selues and our cause though it bee with the reproch of them that slander vs vt obstruatur os loquentium iniqua that the mouthes of calumniators may bee stopped And whereas the same may seeme to redound to some disgrace or dishonor of the state by reason of the publyke authority pretence of her maiesties seruice wherewith our aduersaries do comonly couer and colour all their malitious actions I purpose for my parte to vse in this my defence such due respect to the state to the supreme gouernours thereof I meane her Maiestie and the honorable Lordes of her counsel that I hope to auoyd all iust cause of offence and giue ample testimony of the loyalty of a moste dutiful subiect discouering to her Maiestie and their honors by way of humble complaint the great abuse offred by our aduersaries no lesse to them then to vs as wil more particularly appeere in my Apologie directed and dedicated to the Lordes of the councel AN ANSWER TO TVVO MALITIOVS SLANDERS CONCERNING the conquest of England falsly supposed to be pretended and solicited by the Catholykes and touching the late enterprise of the king of Spayne in Ireland Also concerning Sir VVilliam Stanley CHAP. I. AMONGST many malitious slanders wherwith O. E. and other heretyks seek to make vs and our cause odious to all men one of the principalest is that wee desyre and conspyre the cōquest of our countrey by the king of Spayne wherewith they charge not only F. Parsons and the Iesuytes but also other English Catholykes that haue serued and serue the Catholyke king in which respect I cannot forbeare to testify the truth of my knowledge in this poynt hauing had sufficiēt meanes and occasion to vnderstand what hath ben treated with the Catholike kings of Spayne by any of our nation since the yeare of our Lord 1589. at what tyme I passed from the court of France by reason of the troubles there to the seruice of their Catholike Maiesties whome I haue serued euer since and for some yeres together in the court of Spayne vntil now of late that I retyred my selfe from thence to Rome to satisfy my priuate deuotiō by dedicating the rest of my declyning dayes to the seruice of God in an ecclesiastical function Therfore I here protest vpon my conscience not only in my owne behalf but also in the behalf of F. Parsons and the English Catholykes that serue his Catholyke Maiesty that our dealings haue bin so contrary to that which is imputed vnto vs that we haue donne farre better offices for our country in this poynt then the malice of our aduersaries suffereth them to suppose For hauing wel considered that the breach of amity betwyxt her Maiestie and the Catholike king growing dayly by sundry acts of hostility on both parts to an implacable quarrel might moue him to seek the conquest of our country wherof his puissant preparations in the yere 88. gaue no smalle suspition to the world and not hauing any hope to be able to diswade his Maiestie from seeking some sharp reuenge of the attempts made against him by sea and land wherto not only reason of state but also respect of his reputation and honour seemed to oblige him wee determined to do our vttermost endeuour so to temper and qualify the same as it might not turne to any conquest of our country To which purpose sir Francis Englefield whylst he liued Father Parsons Fa. Creswel and my self haue at dyuers tymes represented to his Matie of glorious memory many important reasons to perswade him that it was not conuenient for him to seek the conquest of England nor probable eyther that he could conquer it or yet if he were able to do it that he could long keep it in subiection and this wee haue vrged so oft and with such pregnāt reasons as wel to his Matie that now is as to his father of glorious memory that I verely beleeue that if they euer had any inclination or resolutiō
in matters of lyfe and death much more is it needful in our Law wherin ignorant and simple men are to determine the cause and yf we do not say that this was the intention of our Lawmakers that ordayned our Iuries we cannot with reason defend eyther them or their lawes in this behalf nor excuse them from exceeding great absurdities and iniurious proceeding THAT THE EVIDENCE against Squyre was not sufficient in Law to geue him torment that therfore his confession extorted therby was voyd in Law and his condemnation vniust CHAP. VIII BVT some perhaps wil say that although these two testimonies of the priuie councelour and of Stanley were not sufficient in Law to condemne Squyre yet they suffised to geue suspition of the matter and to make him apprehended examined and tormented wher-vpon ensewed his confession which being ratified after by himself at the barre was a sufficient warrant to the iurie to fynd him guilty and to the Iudges to pronounce sentence against him of death as they did For satisfaction of this poynt I wil brieflie prooue first that this euidence was not sufficient to geue Squyre torment secondly that his confession vpon torment was voyd in Law and lastlie that his ratification therof at the barre could not reualidate the same and although for his purpose I must ayd my selfe of the Ciuil law as hitherto I haue donne for lack of knowledge bookes of our owne lawes yet I am wel assured no wyse and learned common lawyer can reiect the reasons alleadged by the ciuil law as wel for that they are grounded on equitie and conscience in which respect they are receyued and confirmed in lyke manner by the Ecclesiastical and canon lawes of Christendome as also for that our law so farre admitteth the ciuil law that in many cases yt remitteth vs vnto the decision thereof as we may see in matters of testaments and mariages and in diuers cases of the chancerie for which purpose do serue our Arches Admiraltie and M. of the chancery and this must needs haue place much more in this case then in many others for that the tryal by torment properly belongeth to the ciuil law and not to ours which law of ours abhorring as it seemeth the crueltie and rigour of torture doth exclude it from the tryal of coÌ„mon causes as before I haue sayd therfore if in any case it boroweth the vse therof of the ciuil law it must eyther vse it with the same circumstances and conditions or els with more moderation seing it tendeth more to mercie pittie then the other doth Now then to the matter though the ciuil law vseth torment in tryal of criminal causes to force the partie to confesse the cryme yf he wil not voluntarily do yt neuerthelesse yt ordeyneth that it shal be geuen with such circumspection and consideration as yf the forme and circumstances of the law be trulie obserued there is litle daunger or none at all of doing wrong to the party First yt commandeth that the iudge begin not with torment neyther proceed hastely therto but with mature consideration aswel of the qualitie and credit of the partie as of the lykelihood and truth of the cryme obiected Secondlie that the euidence and proofes produced be most manifest as in the 4. Chapter of this treatise I haue sufficiently proued Thirdlie that the witnesses shal be such as no lawful exception can be taken against them And although the Iudge may geue torment with one lawful witnesse that produceth indicium indubitatum as the lawyers tearme it an vndoubted and cleare euideÌ„ce as for example when there is an eye witnesse against whom no exception can be taken for so sayth Bartol yet when the sayd euidence is not so manifest two witnesses at least are required and the same to be contestes that is to say affirming one and the selfsame thing This being true it appeareth that Squyre was tormented against all law for that the matter and euidence that was brought against him was neyther cleare nor yet testified by lawful and sufficieÌ„t witnesse for as for StaÌ„ley besydes that he was subiect to many exceptions aswel of suspition of subornation as also for being his accuser in which respect he could not be a witnesse his euidence was lykewise in it self so defectious that yt could be of no moment or consideration in the world as I haue proued in the 6. Chapter And as for the letter which the priuâ—e councelor testified he had seene it was not proued to be a true and no counterfeyt letter and therfore no such cleare euidence as law requireth to the geuing of torment besydes that yf his honour wil be taken for a witnes yet he was not contestis with Stanley for that they did not testifie both of them one and the self same thing as is needful when the euidence is so weake as this neyther did that letter mention any perticuler act but imployment of Squyre in general for generalities no particuler man can be punished as sayth the law Therfore I conclude that he being tormented vniustlie and against law the confession so extorted could not be of force to condemne him though he ratisied the same afterwards publykly at the barre for all ciuil lawyers do agree that yf the euidence be not sufficient to the geuing of torment yea and also sufficiently proued in such manner as before I haue declared then the confession extorted therby is nuâ—la that is to say to be accompted none at all though the partie should ratifie it a thousand tymes after for so they write yea and further that although after such ratification there should be presented sufficient proofes wherby yt should be manifest that the confession was true yet yt could not be therby reualidate and made good in law for his condemnation though it were in cases of assassinat treason or any other lyke haynous cryme whatsoeuer and this being true in the ciuil law it cannot be contradâ—cted by ours which is more fauorable to lyfe and admitteth no torture in tryal of causes for condemnation nor relyeth so much vpon confession of the partie extorted by torment as vpon sufficient euidence of lawful witnesse which in this case of Squyre was none at all in which respect the Iudges and Iurie hearing him say that he had beene tormeÌ„ted and seing the euidence and witnes insufficient for the geuing of torment ought to haue held his confession and the ratification therof suspected and so to haue at least suspended their iudgment vntil better proofes had beene produced presuming that for as much as he might assure himselfe that all the benefit he should reape by the reuocation of his sayd confession would be but new torments worse then death he resolued himself to ratifie the same and at his death to discharge his conscience and to cleare himself as those which accused me at Bruxels determined to do and as infinite others haue donne in
lyke cases And that this was also his resolution it appeared manifestly at his death at what tyme he vtterly denyed not only the fact and all intention therof but also that he had bene employed to any such end by any man accusing his owne frayltie in that he had for torment belyed himself which being considered with the weaknes of the euidence doth no lesse manifest his innocencie and ours then discouer the impietie of those that enueygled him to bely and slaunder himselfe others wherof I wil speake more hereafter AN EXPOSTVLATION which M. Cook her Maiesties Atturney CHAP. IX FOR as much as I vnderstand that M. Cook her Ma ties Atturney was a principal actor in the tragedy of Squyre and played the part as wel of a kynd as of a kindly cook in seasoning such an vnsauory matter with salt teares and of a notable calumniatour in belying and slandering me with father Walpole and others charging me not only with discouering the matter to Stanley whereof I haue spoken before but also with imparting it to the King my maister of glorious memory making his Ma tie therby an abettour of that imaginary conspiracy I cannot forbeare to answere him breeâ—ly thereto and to debate the matter with himself Therefore good M. Cook how simple â—oeuer yow conceiue me to bee yet I would haue yow to vnderstand that I haue not got so litle experience and skil of Kings humorsâ— in these 15. or 16. yeares that I haue haunted their courts and serued some of them that if I should haue employed Squyre or any man els to kil her Ma tie I would haue acquaynted any king or souerayne Prince therewith whereby they might take me for a Queene or King killer for howsoeuer the act might turne to their benefits or be to their lykings I ame sure they would say with Augustus Caesar I loue the treason but I hate traytour besides that I am not ignorant that they hold it for a necessary poynt of state to mayntayne the soueraigne maiesty of Princes as sacred and iâ—â—â—oâ—able yea though yâ—â—be of their very enemies therefore wheÌ„ Darius was ouerthrowne by Alexander the greate and trayterously killed afterwards by a subiect of his owne called Bessuâ— he recommended the reuenge thereof to no other but to Alexander himself saying that yt was not his particular but the common cause of Kings and matter of necessary example which should be both dishonorable and daungerous for him to neglect in which respect Alexander afterwards reuenged the same not esteeming sayth the story Darius to be so much his enemy as he that slew him This consideration might haue suffised I assure yow M. Cook to with hold me from acquaynting his Ma ie with the matter yf there had ben any such but much more his Ma ties great vertue piety and Iustice so knowen to all the Christian world howsoeuer yow and your fellowes in your hemisphere are ignorant thereof that I know not who durst haue presumed so much as to intimat any such matter to him whose royal harte the very harbour of honour and true magnanimity was no more compatible with murders mischiefs theÌ„ your base mynd is capable of Kingly conceits This shal suffise for answere to your discours of my imparting the matter to the King seing there was no other ground thereof but your owne imagination which was no lesse Idle then your head was addle all that day being the morow after your mariage as I vnderstand when yow were not as yet come to your self hauing left as yt should seeme not only your hart but also your wits at home with my lady your wyfe as yt may wel appeare by the aboundance of teares yow shed in your pittiful pleading where of I cannot but say as Catulus sayd to a bad oratour that hauing employed all his eloquence to moue his audience to pitty asked him his opinion thereof whereto he answered in truth quoth he yow mooued much pitty for there was no man there that thought not both yow your oration much to be pittied and so Sir I may say of yow that no dout yow mooued all wyfe men that were present to pitty yow and to hold yow eyther for the simplest or els the most malitious man that euer occupied your place the simplect if your teares were from the hart the most malitious yf they were fayned For though yow had ben a man of farre lesse vnderstanding in the lawes of England then one that should deserue to be the Queenes Atturney and had not ben employed in the examinatioÌ„ of the cause as by all lykelyhood yow were yet yow could not but note such weakenes insufficiÌ„ency of the euidence such wresting of law and consequently so litle appearence of truth and lesse of her Ma ties daunger that yow could haue no cause of teares except yt were to bewayle the lamentable case of the poore prisoner yea and your owne for being in great part guilty of his blood which if yow saw not but weapt in good earnest for pitty of her Ma tie your law serued yow for litle and your wits for lesse and I dare say there were some on the bench that laught wel in their sleeues to see your simplicity and thought yow were more fit as good a cook as yow are to be a turne spit in the Queenes kiching then her atturney in the kings benche But yf yow saw the poore mannes inocency yet could shed teares lyke the crocodil to his distruction your malice surpassed all that euer I heard of And truly the best that your best friends can conceiue thereof is that it proceeded from some natural infirmity of a moyst and Ide brayne and therefore I would aduise my lady your wyfe hereafter to keep yow at home seing yow haue such a childish trick when yow come abroad to cry for nothing or els to send with yow a nours with an aple to stil yow when yow cry for otherwyse verely yow wil shame your self and your friends and so I leaue yow vntil yow geue me furder occasion which if yow do yow may assure your self that I wil follow the councel of Salomon and answere a fool according to his foolishnes least by other mennes silence he may think himself to be wyse OF THE LIKE SLAVNDERS raysed diuers tymes heretofore against Catholykes and of the concurrence of calumniation and persecution CHAP. X. YOVR lordships haue seene vpon what smal ground or rather none at all Squyre was condemned and we heere slaundered wherby yow may iudge how Iustice is administred now in your Realme by those that are or should be the Ministers therof for the better declaration wherof and the further iustification as wel of vs heere for this matter as also of all Catholykes for the lyke slaunders raysed against them diuers tymes heretofore both at home and abroad I wil be so bould as to represent vnto your Lordships sundry manifest wronges and
delinquent himselfe who cānot in such cases renounce his owne iust defences Therfore to conclude seeing that Stanley was subiect to all exceptions aswel for his lewd conditions and suspition of subornatiō against Squyre as also for beeing but a single witnesse and his euidence not of knowledge but of heare-say not particular concerning the killing of the Queene nor giuen in publyke and in presence of the Iury but in priuate there were so many detects therin that yf the Iurie found Squyre guyltie therevpon I must needs say they were worthy to weare papers for their paynes and may perchaunce weare fierbrands els where if they repent not for spilling Christian blood so wilfullie OF THE TESTIMONIE geuen by a priuie councelor CHAP. VII IT is further reported heere that a priuie councelor being present at Squyres araygnmēt did witnesse that he had seene a letter which had passed betweene me a kinsman of myne at Rome wherein we aduertised one the other that although Squyre had not yet performed that which he promised yet he continued his determination to do it when oportunity should serue Hereto for answere I do first make the same asseueration as before vpon my Saluation that there neuer passed any letter betweene my kinsman and me concerning Squyre in any sence or to any purpose whatsoeuer and that I think in my conscience my said kinsman neuer hard tel of him nor so much as dreamed of him or any matter of his in his lyfe except now by this occasion of his execution written from England Secondly I say that persuading my selfe that so great a councelor would not so litle respect his honour and conscience as to forge of his owne head a matter so false and odious as this and to affirme it in such an honorable and publyke assembly to the preiudice of any mannes lyfe and fame if he had seene no such letter in deed I must needes think that he was abused by some of his intelligencers or inferiour informers who to make a shewe of their double diligence in such affayres did counterfet the sayd letter in my name or my cosens But howsoeuer that was in this testimonie two thinges are to be considered the one the estate and qualitie of his person the other the weight and valewe of the matter which being weighed ioyntly may seeme not a litle to preiudice this cause but considered a parte do nothing at all hurte the same For the first I say as Cicero said in the lyke case in defence of Muraena when Cato was the accuser that the dignitie autoritie and other partes that God hath giuen to that our english Cato for a publike good ought not to turne to the damage of any particuler man further then the matter meriteth but rather to his benefit to which purpose Cicero recoūteth that when the famous Scipio Africanus accused Lucius Cotta the great credit and authoritie of the accuser was so far from hurting the defendant that it greatly profited him for sayth he the wyse and prudent Iudges would not suffer any man so to faul in Iudgement that he might seeme to be ouerthrowne principally by the power of his aduersarie and Valerius Maximus telleth of Quintus Pompeius Aufidius that being accused of extorsion and much pressed with the testimonies of Lucius Q. Metellus and of Caius and Q. Cepio men of soueraigne dignitie in that common wealth he was neuerthelesse absolued least sayth he it might seeme that he was opprest by the might of so potent enemies Such was the honorable proceeding of the ancient Romans who thought it no reasō that a witnes or accuser should bring into Iudgemēt ouer great power or more authoritie then ordinarie or ouermuch fauour and credit which ought to be employed to the defence of the innocent to the help of the poore impotent to the comfort of the afflicted rather then to the daunger distresse and distruction of subiects This I am bold to intimate to your Lordships not to blame the a foresaid wise and woorthy councelor to whome I beare all due reuerence and respect but to the end it may appeere that yf his autoritie dignitie moued the Iury more then the weight of the matter which hee testified as yt is lykely it did it neither ought so to haue donne neyther was it I am sure any parte of his honours meaning or desire that it should do and thus much for his person As for the matter which he testified I shal not need to spend many wordes therin for that I am persuaded his honour did not speake as a witnesse but by the way of discourse seing that so farre as I vnderstand he was not deposed and sworne neyther yet the letter brought foorth and red in the court nor proued to be a true and no counterfeit letter which I verely beleeue his honour wil not for all the good in the world affirme vpon his credit much lesse vpon his oth as it had beene necessarie eyther he or some other should haue donne to make the same forcible in law wherof I saw once the experience in an action of scandaelum magnaetum in the Kinges bench where a letter of the plaintiffes being presented by the defendant I remember M. Atkinson who pleaded for the playntife reiected it as not written by him wher-vpon the defendant was forced to produce a councelour at Law for witnesse who vpon his oth affirmed that the letter was of the plaintifes hand and sealed with his owne seale And yf this were needful in a ciuil action yt must needs be much more in a cause criminal capital wherein most euident and pregnant proofes are required especially in our law wherin the Iuries that are to Iudge thereof are ignorant men in which respect they had need to haue the the matter as cleare as the sunne for otherwyes our tryal were the most absurd and barbarous tryal in the world and therfore whensoeuer yt is obiected by the Ciuilians against our law that simple Idiotes haue in their handes the Iudgment of our causes and as Anacharsis merilie said to Solon of the populer state of the Athenians that wyse men propound and plead cases and fooles decyde them when this I say is obiected our common Lawyers answere that our Iurers are not to Iudge de Iure but de facto not of matter of Lawes or right it self but of matter of fact only that is to say not of intricate and ambiguous pointes but of playne and euident matters as of actes donne which neuerthelesse yf they be to be proued by presumptions coniectures and doubtful euidences ignorant men wil assone be deceyued therin as in matter of lawe wher-vpon I inferre that yf in the ciuil and all other good approued Lawes wherin Learned and wise men are to Iudge of the euidence yt is required that the same be most manifest and testified by eye witnesses or others that haue as certayne knowledge therof as eye witnesses and this especiallie
of their primacy in causes ecclesiastical Seing then your religion so far as it is distinct from others hath no other ground then reason of state I doubt not but yf the matter were wel examined what God they beleeued in that persuaded her Ma tie therto or yow and your fellowes that manitayne it vpon the same reason and by such vnchristian practises as yow do yow would be found to be coÌ„preheÌ„ded in the third diuisioÌ„ of varro who said that 3. kynds of men had three different kynds of Gods the Poëts one the Philosophers an other and statists or Polityks a third that euery one of them had a different religion according to the difference of their Gods as that the religion of the Poets was fabulous the other of the Philosophers natural the third of the Statists polityke and accomodated to gouernment And this is that which yow professe For the God yow beleeue in is the Prince your scriptures are the actes of Parliament your religion is to conserue the state persas uefas and therfore as all good Christians do measure the reason of state by religion which is the true rule and the end therof and from the which it cannot in reason dissent or disagre so yow on the other syde reduce and frame religion to your fals reason of state and by that meanes peruert all the order both of nature and grace preferring the body before the soule temporal things before spiritual humayn before deuine earth before heauen the world before God and which is more yow subiect both earth heauen body soule the world yea God and all to the priuate pleasure and profit of the Prince as though he were the end the Lord and God of all the world and of nature it self whervpon ensew those monstrous pollicies which wee fee fraught with all frand hipocrisy periuries slauÌ„ders murders and all kynd of cruelty oppression and impiety which haue ruined infinite Kinges with their countries Kingdomes and what they wil bring our poore country vnto in the end tyme wil tel wherto I remit me for as the Italian prouerb sayth La vita il sine â—l di lâ—da La sera the end prayseth the lyfe and the euening the day OF THE TRVE CAVSES OF more moderation vsed in the beginning then afterwards of the difference made by the Lawes betwixt Seminarie and I Mary priests CHAP. XXIII BVt to proceed in your obseruations you go forward to geue example that there is moderation vsed in ecclesiastical causes where matter of state is not mixt with religion saying for els I would gladly learne what should make the difference the temper of the lawes in the first yeare of the Queene and in the 23. and 27. but that at the one tyme they were papists in conscience and at the other they were growne papists in faction or what should make the difference at this day in law betwixt a Queene Marie priest a Seminary priest saue that the one is a priest of suspition and the other a priest of sedition Hereto I answere that because you say you would gladly learne and that I take yow to be of a good wit and docile I wil take paynes to teach you this poynt that you say you would so fayne learne Know you therfore that there were diuers causes of more moderation and lenity vsed for some yeares in the beginning then afterwards yet not those which you speak of and so you shew your self eyther ignorant or malitious in both The first an ordinary rule of state which those great statists that procured this change could not neglect I meane in case of innouation to vse no suddayne violence but to proceed by degrees especially in matter of religion which is seldome changed without tumult and trouble wherof they had seene the experience in the tymes of both the kings Henry and Edward therfore they had great reason to water their wyne at the beginning and to vse moderation at least for some yeares vntil the state and gouernment were setled The second cause was the doctrine of your owne gospellers in Q. Maryes tyme who because some of their folowers were burnt for heresy according to the Canons and lawes of the Churche cryed out that they were persecuted and published in their bookes and sermons that faith ought to be free and not forced that therfore it was against all conscience to punish or trouble men for their religion in which respect the authors of the change that serued themselues of them in the ecclesiastical and pastoral dignityes could not for shame at the very first vse the bloody proceeding which afterwards they did though neuerthelesse they forbore not in the very beginning to imprison and otherwise to afflict all Bishops and cheif pastours and such others as would not subscribe come to their Churches for the which cause I remember that besydes a great number of ecclesiastical and temporal persons some of my owne kindred and familie were called to London and imprisoned in the second yeare of her Maiesties raigne and so remayned prisoners many yeares after The third cause was the vayne hope that those polityks had that a religion so sensual and ful of liberty as theirs authorized with the power of the Prince vpholden with lawes promulgate with all artifice of writers preachers and perswaders would easely within a fewe yeares infinuate it self into the hartes of all men especially of the youth wherby they made accompte that the elder sort being worne out there would be within a fewe yeares litle memorie or none at all left of Catholike religion but when they saw after some yeares experience how much they were deceiued of their expectation and that through the zealous endeauours of the learned English Catholikes abroad learned bookes written Colledges Seminaryes erected priests made and sent in therby infinite numbers reduced to the vnity of the Catholike Churche not only of the schismatiks that fel at the first eyther by ignorance or for feare but also of the ProtestaÌ„ts themselues and amongst them euen many ministers and principal preachers and none sooner conuerted or more zealously affected to Catholike religion then the yongest and fynest wits wherwith our new Seminaryes beganne to be peopled when those statists I say saw this they thought it then tyme to bestyrre themselues and to persecute in good earnest and yet to do it in such sort as they might if it were possible auoyd the name suspition of persecutors both at home and abroad and therfore they vsed the same pollicy that Iulian the Apostata did of whom S. Gregory Nazianzenus writeth that he professed not externally his impiety with the courage that other persecutors his predecessours were wont to do neyther did he oppose himself against our faith lyke an Emperour that would gayne honour in shewing his might and power by open oppression of the Catholyks but made warre vpon them in a cowardly and base maÌ„ner couering
and for the constant profession of the Christian faith he receiued a glorious crowne of martyrdome wherin may be noted by the way how it pleased almighty God of his diuine prouidence to geue vs in our first martyr such a notable example of Christian fortitude charity in harboring a persecuted Priest and sauing his lyfe with the losse of his owne to the end that in the lyke cases and occasions which now dayly occur no terrour of temporal lawes nor pretence of treasons may withhold vs from vsing the lyke charity towards the Priests of God wherto our Sauiour Christ also inuiteth and incowrageth vs with promise of great reward saying he which receiueth a Prophet in the name of a prophet shal haue the reward of a Prophet and he which receiues a iust man in the name of a iust man shal haue the reward of a iust man But yf we consider the proceedings of the persecutors in those dayes wee shal fynd that the Christians were not only persecuted as traytors and in the same manner but also for the same poynts of religion that wee are persecuted now wherof I wil breefly represent vnto thee good reader an euideÌ„t exaÌ„ple to the end thou mayst the better iudge whether wee dy for religioÌ„ or no or whether there be any difference betwyxt the martirdome of the old Christians and of the Catholykes at this day Wee read in the ancient and Publyk records of the acts of the proconsuls of Africk vnder Dioclesian and Maxiâ—ian Emperours vnder whome saynt Alban was martyred that they made an edict wherin amongst other things they forbad vpon payne of death the blessed sacrifice of the masse which is called Dominicum in the sayd records therfore dominicum agere or celebrare is vnderstood there to celebrate masse and if our aduersaries maruel what warrant I haue so to expound it they shal vnderstaÌ„d that this woord Masse in English Missa in Latin vsed by ancient â—ouncels and Fathers aboue 1200. yeares agoe and deriued of the hebrew woord missah which signifyeth a voluntary sacrifice or oblation hath dyuers other names in the anâ—â—ent Fathers as in the greekes liturgia tremenda misteria crificium tremendum and in the Latins solemnia ablatio per saâ—â—rdotem cena Domini and to omit diuers other more ordinaâ—â— Dominicum as appeareth in saynt Cyprian who speaking of the sacrifice offred at the altar in remembrance and representation of the passion of Christ which wee cal the sacrifice of the masse tearmeth it sometymes sacrificium quod Christus obtulit sometymes ipsum nostra redemptionis Sacramentum c. somtymes only Dominicum saying nunquid post caenam dominicum celebramus that is to say do wee offer the sacrifice of the body of our Lord or do wee say masse after supper and this is euident by all his discours in that Epistle where he treateth principally of the blessed sacrifice and saith that Christ is buius sacrificij autor doctor the Autor and teacher of this sacrifice and that the Priest representing the person of Christ doth offer sacrificium verum plenum a true and ful sacrifice This then being presuposed it is to be vnderstood that certayne deuout Christians in Afrik being secretly assembled at masse were taken and brought before the proconsul Anulinus who examining them began with fayre woords to persuade them to haue care of their liues and to obey the commandment of the Emperours they answered spem salutemque Christianorum DominicuÌ„ esse that the masse is the hope and saluation of Christians and that therfore they could not forgoe it vpon which confession they were coÌ„demned to death amoÌ„gst rest there was one Emeritus in whose house masse had beÌ„ celebrated to whome the Proconsul sayd was the assembly made in thy house contrary to the commandement of the Emperours he answered yea why didst thou sayd the Proconsul suffer it I could quoth he do no lesse for that they are my brethren yea but thow oughtst to haue hindred it sayd the Proconsul I could not sayd the other for wee that be Christians sine Dominico esse non possumus cannot be without masse as though sayd the Proconcul thou art not bound to obey the edict of the Emperours God sayd the martyr is greater then the Emperours and ought more to be obeyed where vpon he was condemned and executed as the rest here now I aske our aduersaries whether these men were put to death for religion or no and whether it fareth not euen so with vs at this day as then it did with them For although the masse be not now made treason but a mony matter yet by a certayne consequent it is drawen within the compasse of treason for it cannot be celebrated without a priest the receiuing of whome is treason I meane a Seminary Priest there being now so few other in England yf ther bee any at all that the Catholykes must eyther receiue them with daunger of their liues or lack the necessary food of their soules which they hold more deare then lyfe as the old Christians also did But let vs compare breefly the proceedings of the persecutors in those tymes and these In the examination of those Christians the old persecutors would not content themselues with theyr confession that they were Christians so put them to death for their religion but sought to bring them within the compasse of their statute wee aske yow not say they whether yow bee Christians but whether yow haue hard masse contrary to the coÌ„maundment of the Emperours the lyke is donne now with vs for it suffiseth not our persecutors that wee confesse our religion as that wee are Catholykes but they examine vs whether wee haue heard masse whether we haue ben reconcyled by a Priest or whether the Queene bee supreme head of the Churche and such lyke therby to draw vs within the compasse of the lawes that they may put vs to death vnder colour of treason Furthermore the old Christians sayd for their iust defence that they being Christians could not be without masse and we now say the same that wee cannot forgo absolution of our sinnes nor other spiritual comforts to be receiued at the hands of Priests only to this our persecutors reply as the others did that it is against the lawes and statutes of her Maiesty we answere with the old ChristiaÌ„s God is aboue all Kings and his law aboue all lawes Et portet magis obedire Deo quam hominibus we must rather obey God then men neuerthelesse we are condemned for disobedience to the lawes as the old Christians were and dyed they for religion and not wee were they martyrs and not wee were their enemies persecuters of Gods Churche not ours the cause is one the self same the proceedings lyke no difference in the issue breach of lawes and treason is pretended but
the head wheron the priest did also lay his hands to shew that it was offred as a price pro capite for the head or lyfe of him that made the oblation Therfore for as much as this kynd of worship is the greatest most proper testimony we can externaly yeild of vassellage and seruitude to our creator it cannot without preiudice of his right be coÌ„municated to any creature whatsoeuer in which respect it is caused by the deuynes latria as due to God alone and for that cause not only the deuil that seeketh to robbe almighty God of his glory but also such men as haue made themselues to be held for Gods traue euer affected this kynd of woorship as the highest and most due to diuinity Seeing then sacrifice is most essential to religion and a most proper and principal act therof it followeth that there can be no perfect religion without priesthood and sacrifice for which cause S. Paule speaking of the translation of the law maketh it to depend wholy vpon the translation of the priesthood saying that the priesthood being translated there must needs be withal a translation of the law And Daniel the Prophet describing the religion of the Iewes falne to desolation sayd that they had neither sacrifice oblation nor incence amongst them And now to speake a word or two by the way of common welth where as nothing is more natural to mankynd then the same to the which all men are by a general instinct of nature so inclyned that ther was neuer found any people so barbarous but they liued in society it is to be noted that it hath neuer ben read nor heard of that any common welth hath ben without sacrifice whervpon Plutarch sayth that though a man may happely fynd some cittyes without wals without scooles without learning without theaters without money yet no man euer saw citty without temples wherin sacrifice might be offred to God And Aristotle speaking of things precisely necessary for common welth ordeyneth that special care be had of sacrifice to the Gods Wherof two reasons may be geuen the one for that nothing is more truly political nor tendeth more directly to the establishment of common welth then publik sacrifice wherby not only a league of frindship and ciuil vnity is made amongst men by the participation communion of the thing that is sacrifised but also their passeth as it were a couenant betwyxt God and them wherby they become his particuler people and he their God and protector without whose particuler prouidence and protection no common welth can eyther prosper or stand The other reason is for that sacrifice being as before I haue declared most necessary to religion is consequently necessary for common welth wherof the true natural end is religion God hauing ordeyned man and all humain things principally for his owne seruice and therfore the very heathen Philosophers namely Plato and all his followers make the end of common welth to be nothing els but a religious wisdome consisting in the knowledge â—oue and seruice of God and Aristotle placeth it in contemplation of deuine things wherto he also specially requyreth the knowledge loue and seruice of God which is nothing els but religion in which respect he geueth the cheef preeminence and dignity amongst the magistrats to priests whose special function and office is to offer sacrifice The which is also confirmed by the custome of all good coÌ„mon welths as the ancient kingdomes of the AEgyptians and Romans wherein the kings themselues were priests and offred sacrifice as also the cheefe magistrats amongst the Gretians were wont to do and in the common welth of the Romans after the suppression of their kings yea and when they florished most the office of priests was so preeminent that the cheefe bishops commanded and controled the consuls and as Cicero sayth praefuerunt tum religionibus deorum tum summae reip that is to say had the cheefe authority not only in matters concerning religion but also in the common welth Seeing then religion is naturally the end of common welth and sacrifice a most necessary and principal act of religion it followeth that sacrifice is no lesse natural and essential to common welth then to Religion But to leaue the consideration of common welth apart and to conclude with religion and sacrifice I say that for as much as they are both most natural to man and that the woorkes and effects of grace do not ouerthrow but nobilitate and perfect the good inclinations and woorkes of nature yt must needs follow that our sauiour by the law of grace did no more depriue man of publike sacrifice then of religion but that as he left him a most perfect and deuine Religion farre excelling that which he had before eyther in the law of nature or in the law of Moyses so he left him also a most deuine sacrifice wherby he might dayly pay the tribute of nature in a farre more excellent manner then he did in eyther of the former states This is no lesse pâ—ainly then learnedly taught by saynt Clement S. Peters disciple and successor who in his book of Apostolical constitutions declaring that our Sauiour did not by the law of grace abrogate the law of nature nor take away so much as any natural inclination in man butâ— confirme and perfect the first and moderate the later he sheweth withall what was fulfilled and what was chaÌ„ged in the law of Moyses and amongst other things that he sayth were changed he nameth baptisme priesthood and sacrifice saying that in steed of dayly baptismes our sauiour ordayned only one and for bloody sacrifice he instituted rationale in cruentum misticum sacrificium quod in mortem domini per symbola corporie sanguinis sui celebratur that is to say a reasonable vnbloody mistical sacrifice the which is celebrated by the sacraments or signes of his body and blood in representation of his death Thus fayth saint Clement of the proper sacrifice of the new law that is to say the masse as it is euident by his owne words which saint Ireneus confirmeth signifying that as there were oblations in the old law so there are oblations in the new law and sacrificia in populo sacrificia in Ecclesia sacrifices amongst the people of the Iewes and sacrifices in the Churche in so much that he teacheth that sacrifices were not reiected by mutatioÌ„ of the law but changed whereto he addeth also this differeÌ„ce that â—acrifice is now offred by vs not as it was by the Iewes that is to say as by bond men but by free men because our sauiour hath deliuered vs from the bondage of the law and thus sayth this ancient father of the sacrifice of the holy eucharist or masse which a litle before he cauleth the new oblation of the new testament applying therto the prophesy of Malachy as I haue noted in the last chapter To this purpose
depryue vs of it in our country not only by their doctrine but also by rigorous and violent lawes resembling therin as wel the old persecutors of Gods Churche that did the lyke as also Antichrist that is to come who as Daniel the Prophet fortelleth shal take a way iuge sacrificium the cōtinual sacrifice of the Churche which is the sacrifice of the masse and the ancient Byshop and martyr Hypolitus doth testify in his book of the consummation of the world that in the tyme of Antichrist Churches shal be lyke cottages and that the precious body and blood of Christ shal not be in those dayes the liturgy shal be taken a way the singing of the Psalmes shal ceasse and the reading of the scripture shal not be heard thus farre saynt Hipolitus that wrote within 250. yeares after Christ. Seing then the Caluinists and Lutherans abolish the sacrifice of the masse yea and bring christian religion to a very desolation and ruine ouerthrowing altars churches monasteries images relickes of saynts the signe of the crosse sacraments ceremonies and all external memories and monuments of christianity and in steed of the blessed body and blood of our sauiour bring into the churche nothing but a bare signe therof what els are they but true figures or the forerunners of Antichrist that shal set vp the abomination of desolation in the temple of God as sayth the Prophet that is to say shal bring an abominable desolation vpon the Churche and true religion of Christ OVR DOCTRIN OF THE merits of woorkes and Iustification is proued and cleared from the slanders of our aduersaries commonly publyshed in their Sermons and lately insinuated in a book set forth concerning the conuiction of my Lord of Essex CAP. XIX FOR as much as my intention in this treatise was to detect and confute certayn slanderous lyes of our aduersaryes spread abroad agaynst vs in some of theyr late bookes and lybels no lesse touching matter of religion then matter of state I can not forbeare to discouer vnto thee here good reader their notable impudency in charging vs to be enemies of the Passion of Christ and to euacuate the merits therof by ascribing our saluatiō to our owne workes which they are wount to publish in their sermons and common table talke and haue of late insinuated in a pamphlet concerning the conuiction of my Lord of Essex wherein treating of Sir Christofer Blunt that he protested to dy a Catholyke some foolish minister I think foysted in an aparenthesis signifying that he dyed not such a Catholyk but that he hoped to be saued by the merits of Christs passion not ascribing his saluation to his owne workes as though other Catholykes that teach merits of workes did not hope to be saued by the passion of Christ wherin I know not whether I should wounder more at their ignorance or their malice their ignorance if they know not what we hold and their malice if they know it and yet slander vs. For who knoweth not that wee acknowledge the blessed passion of our Sauiour to be the root and ground of our redemption and reconciliation to God and the fountayne from whence floweth all our iustification and saluation saying with S. Peter that we are redeemed with the precious blood of Christ the immaculat lambe and with S. Paule that wee are iustified in his blood shal be saued from wrath by him and that there is no other name wherein wee can be saued but the name of IESVS neuerthelesse wee know withall that though his passion be most meritorious the redemption that wee haue therby most copious yet it was his wil that wee shuld doe somewhat of our parts to haue the benefit therof which our aduersaries cannot but grant confessing as they doe that to be partakers therof they must be baptysed they must beleeue they must repēt after they haue sinned seeing vpon the warrāt of the holy scriptures they ad all this to the passion of Christ without derogation to the dignity therof what reason haue they to blame vs if vpon the same warrant we ad another condition no lesse expresse in scripture then any of the rest seeing our sauiour himselfe sayth if thou wilt enter into lyfe keepe the commaundments to which purpose S. Paule also sayth omnibus obremperantibus sibi factus est causa salutis that is to say he was made a cause of saluation to all such as obey him and in another place the dooers of the law shal be iustified before God and not the hearers only and S. Iames wee think a man to be iustified by workes and not by faith only and our Sauiour himselfe not euery one sayth he that sayth to mee Lord Lord shal enter into the kingdome of heauen but he which doth the wil of my Father by all which wee see that good workes are necessary to saluation and must concurre therto with the merits of Christs passion which being the root fountayne of all mannes merit giueth as it were lyfe and force both to fayth and also to the good workes of faythful men to make them meritorious before God wherin three things are to be noted for the better explication of this matter The first is that there is two manners of iustification the one the iustification of the wicked man be he infidel or christian in mortal sinne the other the iustification of the iust man or an increase of Iustice the first proceedeth merely of the grace of God without merit of workes for that it is not in the power of nature being auerted and alienat from God to conuert it selfe vnto him without his grace vocation therfore S. Paule worthely excludeth frō the first iustificatiō both of the Iewes the gentils all merit of man The second which is the iustification of the iust man or encrease of Iustice is procured by good woorkes proceeding of Gods grace without the which their can be no iustification and therfore the Catholikes do teach not only the precedence of Gods grace before euery good woork according to that of the prophet misericordia eius praeueniet me his mercy shal preuent or goe before me but also the concurrence therof according as S. Paule sayth non ego sed gratia Dei mecum not I but the grace of God with me and as our Sauiour sayth sine me nihil potestis facere without me you can do nothing and agayne S. Paule omnia possum in eo qui me comfortat I can do all things in him that strengthneth or comforteth me Of the first iustification S. Paule sayth in diners places that wee are iustified gratis freely or for nothing by the grace of God by fayth and not by woorkes as meritorious and of the second he sayth speaking of the effect of almes yt shal multiply your seed and shal augment the increase of the fruit of your iustice and saynt Iames a
poynts which I haue handled what hath alwayes bin the doctrin of the Churche of God concernâ—ng the same and that therfore King Lucius could receiue no other froÌ„ the Catholyke RomaÌ„ Churche by the which he was conuerted to the Christian fayth and yf I thought it needful to rip vp euery other particuler point controuersed betwyxt our aduersaries and vs I could easely shew the same in euery one But what needeth it seing they cannot proue that any Pope I wil not say from S. Eleutherius to S. Gregory but from S. Peter to Clement the eight that now gouerneth the Churche hath taught and decreed any different doctrin from his predecessors whereas on the other syde wee shew euidently that in a perpetual succession of our Roman Bishops there hath ben also a continual succession of one the selfe same doctrin where vpon it followeth infalibly that King Ethelbert and the English could not receiue from S. Gregory the Pope any other fayth then King Lucius and the britans receiued from saynt Eleutherius and that wee which now hold communion with the Roman Churche teache no other doctrin then that which was taught by them to our ancestors and hath successiuely come from S. Peter consequently from our Sauiour Christ. Therefore thou mayst wel wonder good reader at the impudency of our English ministers that are not a shamed to preache teache the contrary wherby thow mayst also see how lamentable is the case of our poor country wherein such haue the charge and cure of soules as haue not so much as common honesty to say the truth in matters as cleare as the Sunne and teach such a religion as for lack of better reasons and arguments they are forst to mayntayne it with manifest lyes slanders yea and murders of innocent men whome they execute for fayned crymes vnder colour of matter of state acknowledging therby sufficiently the truth of our Catholyk fayth seing they are ashamed to aâ—ow that they trooble any man for it whyles they confesse that they punish and put to death heretykes namely the Anabaptists directly for their religion and their impudency is so much the more notorious for that their publyk proceedings in the dayly execution of penal and capital lawes touching only matter of religion doth contradict and conuince their sayings and writings wherein they affirme that they put none to death for religion But for as much as I haue treated this matter at large in diuers partes of my Apology besydes that I vnderstand that some others also entend to treate thereof in the answere of a ridiculous challenge made by O. E. fraught with most absurd paradoxes as wel concerning this poynt as others touching our Catholyke fayth I remit thee good reader therto and so conclude this treatys beseeching almighty God to geue our aduersaries the light of his grace and vs in the meane tyme pacience and constancy and to thee indifferency to iudge of maters so much importing the eternal good and saluation of thy soule which I hartely wish no lesse then my owne FINIS A TABLE OF THE CHAPTERS OF THIS TREATISE THE preface wherein are declared the causes of the long delay of printing the Apology and withall is noted the impudency of a late wryter in England disguysing his name with the letters O. E. who auoweth the fiction of Squyres employment for a truth and affirmeth that none are put to death in England for religion An Answere to two malitious slanders auowched in the foresayd libels concerning the conquest of England falsly supposed to be pretended sollicited by the Catholyks touching the late enterprise of the King of Spayne in Ireland Also concerning sir VVilliam Stanley and the Iesuits calumniated by the lybellers CHAP. 1. Concerning father Parsons in particular and that the extreame malice that the heretyks beare him is an euident argument of his great vertue CHAP. 2. That the Catholykes are persecuted martyred now in England for the same causes that the martyrs dyed in the primatiue Churche and of the great iniustice donne to two Priests condemned at Lincolne by Iudge Glanduile CHAP. 3. Of the impudeÌ„cy of a minister who being present at the death of the two martyrs aforesaid affirmed publykly that our country was conuerted by saynt Augustin the monk to the protestants religion by occasion where-of the truth of that poynt is euidently declared CHAP. 4. Of the first conuersion of our country whyles it was called Britany in the tyme of King Lucius with euideÌ„t proofes that our Catholyk fayth was then preached and planted there CHAP. 5. The same is coÌ„firmed proued out of Gildas the sage Ca. 6. Certayne poynts of controuersy are discussed whereby it is proued that King Lucius receiued our Catholyke fayth and first of the Popes supremacy in Ecclesiasticall causes CHAP. 7. That our Sauiour made S. Peter supreme head of the churche CHAP. 8. That the successors of saynt Peter to wit the Bishops of Rome succeed him in the supremacy of the Churche CHAP. 9. That the Bishops of Rome exercised supreme autority in the tyme of King Lucius CHAP. 10. The matter of holy Images is debated and the vse thereof proued to haue ben in the Churche of God euer since our Sauiours tyme. Chap. 11. The commandment of God touching Images is explicated the practise of the Churche declared Chap. 12. Concerning the relicks of saynts and the reuerend vse thereof Chap. 13. That our doctrin concerning the sacrifice of the Masse was generaly receiued and beleeued in the tyme of King Lucius and first that it was foretold and prophecyed by Malachias Chap. 14. That not only the sacrifice of Melchisedech but also all the sacrifices of the old law were figures of the sacrifice of the masse and are changed into the same and by the way is declared the necessity of sacrifice as wel for common welth as for religion Chap. 15. That our Sauiour Christ instituted and offred at his last supper the sacrifice of his blessed body and blood proued by his owne woords by the expositions of the Fathers with a declaration how he is sacrificed in the masse and lastly that he gaue commission and power to his Disciples to offer his body and blood in sacrifice that is to say to say the Masse Chap. 16. That the Apostles practised the commission geuen them by our Sauiour sacrificing or saying Masse them-selues and leauing the vse and practise thereof vnto the Churche that the ancient Fathers not only in King Lucius tyme but also for all the first 500. yeares afeer Christ taught it to bee a true sacrifice and propitiatory for the liuing for the dead Chap. 17 An answere to the obiections of our aduersaries out of S. Paules epistle to the Hebrewes with a declaration that the heretyks of this tyme that abolish the sacrifice of the Masse haue not the new testameÌ„t of Christ and that they shew themselues to be most pernicious enemies of humain kynd Chap. 18.
Sr. Robert Cecyl whose honour knoweth how innocent I am therof but also to haue conspired togither with them the burning of the Kings munition at Machlyn though afterwards through the goodnes of almighty God and the particuler fauour of the Dukes grace to whom I am therfore to acknowledge an aeternal obligation I was fully cleared therof for the processe being at the Dukes request reueiwed by the priuie councel the proceedings of the Iudge throughly examined it appeared that he had not only geuen two torments to eyther of the prisoners without iust cause and so forst them to accuse both me and them selues wrongfully but also cōfronted them togither in such sort that the one instructed the other what he should say yea and that he razed their depositions that were different and made them agree by his owne arte wherto the prisoners consented also for feare of new torments chusing rather to dy then to indure the same and determining to discharge theyr consciences at their deathes as wel for their owne purgation as myne and this appearing to be true by the examination not only of the prisoners them-selues but also of the Iudges clark the laylor besydes that it was euidēt that there had beene no munition at Machlyn to burne of 25. yeares before the prisoners were quit of that matter by sentence and I for that I was neuer in the hands of the Iustice was only declared to be cleare and innocent by testimony giuen me vnder the hands of the priuie councel and the Iudge was also forst to restore my honour and to do me such reparation of the wrong as I rested satisfied And I doubt not but yf I had as potent a patron frend in England at this present as I had at Bruxels who might procure the proceedings of this matter of Squyre to be sifted examined to the bottome as hee did the other there would be found no lesse indirect dealing in this then there was in that if not much worse more cunningly hādled as after wil in parte appeare OF THE CRVELTY OF the Rackmaisters in England and of the manner of their examinations CHAP. III. BVT to the end your Lordships may the better conceyue how Squyre was circumuented and forced to accuse both him-self F. Walpoole may it please yow to enter into the consideration of some of the barbarous vsage tyranie that the Rackmaisters tormentours and inferiour officers and examiners by whose hands he passed haue vsed in the causes of Catholykes for many yeares and dayly do vse obseruing no order of Iustice nor forme of law neyther in examining nor tormenting for they examin men not only of their owne works words and thoughtes yea and what they would do or say in such and such cases a thing neuer practised eyther amongst Chrystians or heathens but also of other men by name and with such particularities as they teach them when they are in torment what they would haue them say of them-selues and others for their owne ease against all conscience and law which law sayth he which examineth in tormēt ought not to aske particulerly whether Lucius Titius did the murder but generally who did it for otherwayes he playeth the parte of an instructor and not of an examiner Furthermore they seek many tymes by subtyle and captious questions to entangle at vnawars some simple Catholykes that know not the particuler penalties of the lawes nor the daungers therof and after they cause them to be executed thervpon wherof I could alleadge many exāples but one shal suffise which of my owne knowledge I can affirme to be true M. Fleetwood not many yeares since Recorder of London examining M. Iohn Nelson Priest asked him many questions as yt were by the way of conference concerning Schisme and the definition thereof and who were to be called Schismatikes and so drew him by litle litle frō one poynt to an other so farre that at last he made him by necessarie consequences confesse that the Queene was a Schismatike and when the poore man saw by the triumph that he made therat and by the diligent wryting of the clarke that he was fallen into the snare of some penal law he protested that he knew not whether he had offended any law or no and that willingly he would not haue donne it yf he had knowne it but notwith-standing the seruāt of God was after indyted ther-vpon araygned and executed and when presentlie after the same day one M. Metam a learned and graue Priest being conuented before the commissioners and demaunded by the Recorder of the same matters and in the same subtyle manner refused to answere to such bloody questions not to geue him and the rest occasion of so great a sinne as to spil his blood the Recorder fel into an extreame great rage and reuiled him shamefully reproching him with tymiditie and cowardise the lyke whereof I think was neuer hard nor red of in any Christian no nor heathē cōmon wealth as that those which should be the ministers of Iustice guardians and defenders of the Lawes and meanes to keep men from transgression thereof should procure them to be transgressours and be offended with men because they wil not offend yea and vse the sayd Lawes not as lanternes or guydes to lead and direct men to do their duety but as stumbling blockes to ouerthrow them as snares to entangle them and as knyues to cut theyr throtes and neyther giue them leaue to speak nor to think nor to hold their peace which poynt Tyberius Caesar though otherwise tyrannical did mislike saying as Suetonius reporteth of him that in a free common wealth and tongue and thought ought to be free which libertie of speach neuerthelesse we craue not but only that it might be lawful for to think what we list not matters of treason or conspiracy against the Prince or state as sycophants do bable but matters of our fayth and conscience such as all English-men from the tyme that we were made Christians haue thought and professed vntil these our dayes and all Catholykes besydes throughout the world do stil think and this with all dutie and loue to their temporal Princes at least mee thinks yt were reason that we should haue leaue to be silent and not to offend the lawes by forced speach when we neyther meane nor list to do it for as the traigical poet sayth Though nothing els permitted be let silence breed no blame For no man craues of any King lesse fauour thou the same To conclude this poynt of their examinations I cannot persuade my selfe that our lawes can allow them seeing the Imperial Lawes do ordayne exemplar punishment against such magistrates as shal make any malitious or captious interrogatories as appeareth by a law of Adrian the Emperour which sayth Si quid maligne interrogasse c. yf it shal be proued that they haue examined any maliciously or captiously Let them be punished
in example of all others to the end that the lyke be not committed hereafter OF THE TORMENTORS and their manner of proceeding against law and conscience CHAP. IIII. SEEING such are their examinatioÌ„s what maruail is yt though their torments be no lesse exorbitaÌ„t which they giue commonly to Catholykes without accuser or witnes and without measure or certayne number as of late yeares to omit other examples was euident in two rare gentlemen Priests and religious learned fathers Southwel and Walpoole whom they tormented the one 10. and the other 14. tymes though they had neyther accuser nor witnes nor iust presumption of other matter against them then their religion for the which only they were after condemned and executed whereas by the ciuil law a man cannot be tormented except their be proofes against him Luce clariâ—ra as Baldus sayth clearer then the Sunne it self testified at least by one witnes omni exceptione maior against whome no exception can be takeÌ„ that eyther hath seene the cryme coÌ„mitted or otherwayes vnderstood it as certaynly as though he had seene it in which torment also a certayne moderation is praescribed which is not lawful for the Iudge to exceed as it shal not be reiterated but when new proofes are presented and as some lawyers say more pregnant then the first and that the partie tormented be neyther killed nor lamed therwith neyther yet that any other kynd of torture be vsed then ordinarie in so much that the Doctors do maruelously enueigh against such Iudges as inuent newe manners of torments calling them caâ—nifices and not Iudices hangmen and not Iudges Likewise the Canonists do teach that it is a mortal sinne for a Iudge to geue torment without sufficient witnesse and euidence or to exceed the number of measure praescribed by the law so that it dependeth not vpon the wil of the Iudge nor yet is it the lawful power of a Prince to dispeÌ„ce therewith or to command it to be downe in other manner as some very learned Cyuilians haue signified vnto kings and princes in some cases and occasions as them-selues haue written therfore the ciuil lawe worthelie ordayneth paenaem capitis payne of death against the Iudges which geue torment without sufficient proofes and appoynteth other greiuous punishments for them that obserue not the praescript and ordinaÌ„ce of the law in geuing the same wherein I report my selfe to the Doctors of the Arches and M. of the chancery that are Ciuilians and canonists who caÌ„not be ignorant of their lawes in this point Wherby your lordship may vnderstand what they deserue that torment the Catholyks vpoÌ„ their owne braynes and bare suspitions without any proof or witnes in the world that with such extremety as they lame some and kil others and with such deuilish deuises as amongst Christians hath not bene hard of whereof I could alleadge some lamentable examples of Priestes hanged vp by rhe meÌ„bers or priuy partes as of M. Tho. Pormort and M. George Beesley but especialy of M. Francis Dikenson of whose torments I think good to relate some perticulers omitting to auoyd prolixitie the stories of the others It is not many yeares since the said M. Francis Dikenson Priest was taken and committed to prison by one of the persecutors who seing him to be a very proper yong man in the flower of his age and imagining that he might quickly ouerthrow him by the sinne of the flesh found meanes to haue a woman conueyed to his bed who being repelled by him and the enemy seing that the practise took no effect but came to be knowne not only to all those that were in prison but also to many others abroad to the commendation of the Priests chastitie and honour of the Catholyke Religion he was so inceÌ„sed against him that he caused him to be haÌ„ged vp first by the priuie partes which he made to be pearsed in diuers places with whote yrons and after by the hands vntil he was half dead and then called in many to see his sayd priuie partes inflamed and rankled with the burning of the whote yrons saying vnto them after they were gone foorth agayne behold this chaste Priest how he hath dressed and spoyled himselfe with naughty women and not content therewith caused him also to be araygned and executed for being a Priest without hauing any other matter against him which kynd of cruelty tending to the ouerthrow both of soule body honour and all can hardly be matched I think with any example of the old heathen persecutours of the primitiue Churche This I haue thought good to represent to your Lordships as wel that it may please yow of your wisedomes piety to haue an eye hereafter vnto such proceedings as also that your honours may conceyue what such merciles men as these might make so weak a man as Squyre was to say or do to the preiudice of himself and others and yf neuerthelesse they haue wrought the lyke effect God be thanked but in very fewe of that great numbers of Catholykes that haue past their handes in this our persecution it is not to be ascribed to any other thing els but to the miraculous assistance that God for his owne glorie hath geuen and geueth to these witnesses of his truth no lesse then he did in tymes past to the ancient martyrs THAT THE COMMON lawes of England do not admit torment in tryal of cryminal causes for the condemnation of the delinquent CHAP. V. BVT now to proceed with the matter of Squyre our lawmakers wysely considering the great incoÌ„ueniences that grow of the secret tryal of causes by torment the danger of errour the corruption of iustice the circumuention of the party accused the slaunder and calumniation of the innocent and lastlie the smal ground that is to be made vpon a confession wrong out by the rack not only ordayned the publike tryal which we haue in vse but also excluded all torment from the same admitting onely the testimony of lawful and sufficient witnesses which being had the partie is condemned in our law though he neuer confesse the cryme so that the confession being not material or necessarie for condemnation as in other countreys it is torment which serueth only to extort the same is superfluous for where the effect is not necessarie the cause is also needles And yf our law forbiddeth not or perhaps ordayneth the vse of torment in matters of conspiracy against the Prince and state it is to be vnderstood that it is not to the end to force the partie to confesse for his condemnation but for the bolting out of the bottome and circumstances of the matter to know all the confâ—derates for the praeuention of the dauÌ„ger which may ensewe to the common welth for otherwyes I must needes say that our lawe should be contrary to it selfe and that the daunger of errour and of corruption of Iustice which our lawmakers sought to preuent by our
publyke tryal should be nothing at all remedied therby For what doth it profit the prisoner to be brought in publykly to heare his iudgment read in the hearing of all to haue the witnesses confronted with him to be tryed by a verdit of 12. substantial men and to haue so many causes of exceptions alowed him against the sayd witnesses and Iurie as in the practise of our lawe is seene what doth all this I say auayle him if the rackmaister may haue the fingring of him first and force him by torture to accuse him-selfe and that the same accusation shal suffise to preiudice all the priuiledges that our law alloweth him Againe why are the iurors brought to the barre but to see the witnesses deposed to heare their euidence and the answere of the party ther-vnto and to vnderstand the whole groundes of the matter for the ful satisfaction of their consciences and to the end they may geue a true verdit But in this case of Squyre what cleare euidence was produced what witnesses were deposed what warrant had the Iury for their consciences who hearing by his owne report that he had beene forced by torments to accuse him-self condemned him neuerthelesse vpon his owne confession first extorted in the Tower by torture and by him ratified afterward at the bar for feare of new torments as afterward shal be declared besides some frinolous and vaine arguments vrged by M. Atturney and other lawyers whose occupatiou is to amplifie and exaggerate euery trifle to make mountaynes of molehils and with their retoryke such as it is to persuade ignorant meÌ„ that thee moone is made of greene cheese Truly eyther this is farre from the wisedome pyetie and intention of our lawmakers and from the course of our lawes or els we haue the most rigorous and absurd lawes in the world But seing the groundes of Squyres condemnation consisted principally in two poynts the one his owne confession vpon torment and the other the presumptions vrged by the lawyers which did seeme to fortifie the same I wil brâ—esty treat of eyther of them a part therby to shewe what may be iudged therby of their validitie And first of the presumptions OF THE PRESVMPTIONS vrged by the lawyers against Squyre and first of the deposition of Iohn Stallage alias Stanley CHAP. VI. THERE was red to the Iury the deposition of one Iohn Stallage alias Stanley who lately before was come from Spayne and had affirmed that one day in my lodging in Madrid I enueighed against Squyre with great passion and othes saying that he had deceyued vs in not performing his promise and that I feared we should be vtterly discredited with the King therby Wherto I answere that I protest before God and vpon my saluation that I neuer said any such thing to Stanley in my lyfe neyther is their any man I suppose that knoweth him and me and both our qualities behauiours and conditions wil thinke it probable that I would vse such wordes before him if there had byn cause or that so easely and eagerlie I would fal to sweareing vpon the suddayne which hath byn so farre of from all the rest of my former lyfe as my acquaintance wil beare me witnesse But to the end it may appeare to your honours what a substantial witnes he was I craue your pacience whyles I discourse of the sufficiency first of the man and then of the matter by him alledged For the first I assure your Lordships that if his honestie were to be tried by a Iurie of his contrymen in Spayne I meane eyther his fellow prisoners in Siuil or the Catholykes in Madrid he would soone be seÌ„t after Squyre for that no man here hath other opinion of him then that he is a notable drunkard a common lyer a pilfering cosening and cogging compagnion yea and as he himself hath made no bones to boast a pursecatcher vpon the high-way as I haue credibly hard a commoÌ„ horse-stealer for the which such other vertues of his I vnderstand he hath scowred sundry geoles in England and should haue flowred the gallowes long ere this yf he had had his right and of these his good conditions sufficient testimony may be had not only by the Englishmen stil in prison at Siuil but also by those that escaped hence and are in England who cannot but testifie the same yf they be put to their othes And as for his behauiour heer I assure your Lordships that within a fewe dayes after he was set at libertie and that we had noted his demeanour we were both weary ashamed of him for besydes his vyle and scandalous lyfe to bad to be told he would sometymes be in such desperate moodes that he would blaspheeme God saying that he could not forgeue his sinnes and sometymes threaten to make himself away because he was not regarded and rewarded according to his expectation though much better then his lewd conditions deserued and to giue your Lordships some particuler examples of his trecherie yea and his periurie which for the mater in hand is most to be considered your honours shal vnderstand that first he betrayed his owne fellow prisoners in Siuil reuealing certayne treatyes and practises they had in hand for their libertie and other purposes and caused some letters they had written to some of your Lorships to be taken SecoÌ„dly he discouered an English ship that aryued there not for any zeale to this Kings seruice but in hope to get a third parte of the goods lastly accused a frenchman called Thomas Dobret to be an English man my Lord of Essex his seruaÌ„t and his spy which neuerthelesse presently vpon his escape from hence he reuoked by certayne letters that he wrote from S. Iohn de Luys aswel to one of the Iudges criminal of Madrid as to Father Creswel and me wherein he defyed and reuyled vs with very vnseemly speach blaspheming against our Religion and protesting that all he had donne as wel in Dobrets mater as otherwyes was only to get his libertie and that Dobret was no Englishman but a frenchman for ought he knew and so by his owne confession acknowledged himself to be periured as may wel be supposed seeing he had giuen his testimony before against Dobret by oth and this the English marchaÌ„ts at S. Ihon de Luys who sent vs his letters open can testifie so that according to the rule of the law qui semel est maelus semper malus esse presumitur he which is once euil is alwayes presumed to be so in the same kynd it may be wel inferred that seing he made no conscience heer to calumniate and accuse others falsely therby to get his owne libertie he would make as litle scruple there to coyne some matter of Squyre and vs to curry fauour with your Lordships with the shewe of some plausible seruice to counterpeyse the offences he had committed heer against your state yf the same should chauÌ„ce to come
sayth the sinnes of the people make many Princes and sometymes for the Princes faults he punisheth the people and otherwhyles for the sinnes of eyther he destroyeth both When Acham had stolne part of the spoyle of Hieâ—co contrary to the commaundement of God 3000. of the children of Israel were ouerthrowne by them of Hay for his offence which our lord imputed to them all saying Israel hath sinned and transgressed my commaundement c. For the sinne of Dauid in numbring the people 70000. of his subiects perished and for the peoples offences God permitted him to sinne For King Achaz cause sayth the scripture God did humble the people of Iuda after gaue them into captiuity for the sinnes of their King Manasses Lastly when Samuel had anoynted Saule for King he said vnto the people yf yow perseuer in your wickednes both yow and your King shal perish Herein neuertheles this difference may be noted that when almighty God doth punish both he vseth more rigour towards the Princes and heads of the people then towards the meaner sort Whereof the holy ghost declareth the reason in the book of wisdome where he speaketh to Kings Princes in this manner Audite reges c. hearken O kinges and vnderstaÌ„d learne yow which are Iudges of the bounds of the earth in respect that power is geuen vnto yow from our lord and strength from the highest who wil examine your woorkes and search your thoughts and because when yow were ministers of his kingdome yow did not Iudge rightly nor keep the law of Iustice nor walk in the way of God he wil appeare vnto yow quickly and horibly for most rigorous Iudgment is donne vpon them that gouerne with the poore and meane man mercy is vsed but mighty men shal suffer torments mightily This my lords I am bold to represent vnto your lordships that yow may see thereby the euident daunger that your whole estate may be brought into by the extreame wrongs that our persecutours do vs howsoeuer her Ma tie and your Lordships may bee free from the same in wil or consent as I make no doubt but yow are For if the Prince and people are so conioyned linked togeather with the communication of merit or demerit that God doth commonly chastise the one for the others fault and for the offenses of eyther sometymes destroyeth both as I haue before declared if the priuat theft of Acham could cause the puklik calamity of the children of Israel that had no way consented thereto what may be feared to ensew of so horible and publik a crime of our persecutours as the effusion of innocent blood thirsted sought and spilt so oft and by so many subtilities and deuises by slaunders and fayned treasons by extreame torments vniustly geuen by periuries by corruption of witnesses Iuries and Iudges where by an infinit number of all sorts are drawne to the participation of the offence and all this vnder pretence of publyk autoritie of her maiesty of her councel and her â—awes what may be feared I say but that the sinne is not priuat and particuler but pnblik and general and that the whole state remayneth engaged for the payment of the penalty It resteth then my lords that of your wisdomes and piety yow procure some redresse of these inconueniences for auersion of Gods wrath from yow vs the whole realme and for preuention of the mischeefe that otherwyse must needs ensue And if it please your lordships to geue me leaue to put yow in mynd of one necessary meane thereof and as I haue layd open the sore so to represent also some part of the salue yt importeth much that for the expiation of so great a sinne and satisfaction of Gods Iustice yow lay the penalty vpon the authors and instruments of the iniustice as appeareth by the example of Archams theft whereof our lord sayd to Iosue I wil be no longer with yow vntil yow haue destroyed him that is guilty of this cryme and when Phinees killed the Israelit which committed fornication with the Madianit he auerted the wrath of God from the children of Israel as the scripture testifieth Also when the people were punished with 3. yeares famin in Dauids tyme for the offence of Saule in killing the Gabaonits the famin lessed when seuen of Sauls ofspring were deliuered to the Gabaonits and by them crucified the lyke reporteth Plutark of a most furious plague where with God punished the citties of Rome and Laurentum for the murder of King Tatius in Rome and of certayne Embassadours of Laurentium which plague suddenly ceased in both the citties when iustice was donne vpon the murderers in both places I haue not sayd this with any desire of reuenge or vncharitable affection towards our aduersaries but in respect of my duty to her Ma tie and your lordships and for the tender loue that I doe beare to my country and vniuersal good of all For as for them I meane our enemies I assure your Lordships I am so far from desyring any reuenge of them that I pitty their case knowing that except they repent and do worthy pennance God wil surely reuenge his owne cause and ours vpon them and throw into the fyre those rods of his wrath when he hath worne them to the stumps for such is the cours of his iustice to chastise first his seruants and children by the ministery of wicked men not moouing but vsing their euil wils and malice for the execution of his holy wil and afterwards to punish them most seuerely for the same therefore though he ordayned the destruction of the Temple of Hierusalem and the captiuity of his people for their sinnes yet afterwards he vtterly destroyed the Babilonians for hauing ben the meanes and instruments thereof to which purpose the Prophet sayth our Lord stirred vp the Kings of the Medes to distroy Babilon for it is the reuenge of our Lord and the reuenge of his Temple agayne I wil render to Babilon saith almighty God by the same Prophet and to all the inhabitants of Caldea all the euil that they haue donne in Sion And after in the same chapter he comforteth his people in captiuity saying behold I wil make Babilon a desert c. and no maruel seing he also destroyed the Amonits Moabits and other their neighbours for hauing laughed and skorned at their desolation and captiuity such is the loue which our Lord beareth to his seruaÌ„ts as he reuengeth the least iniury that is donne theÌ„ of whome he hath such particular care as he nuÌ„breth the very heares of their heads as our Sauiour sayth taketh all that is donne to them be it good or euil as donne to himself And now hauing layd before your lordships by way of some degression these considerations yet as annexed notwithstanding conioyned with Squires cause by coherence of the manner of proceeding I shal returne to
his persecution with craftie and subtyle deuises enuying them the name and glorie of Martyrdome that the souldiours of Christ had got in former persecutions and therfore he endeuored to vse violence in such sort as it should not appeare ordayning that the Christians which suffred for Christ should be put to death as malefactours this affirmeth S. Gregory NaziaÌ„zen of Iulian the apostata wherein yow may see a true pattron of your owne proceedings for to exemplify the same with answere to the question yow aske concerning the temper of the lawes made in the 23. yere of her Ma ties raigne what other cause had yow to make those lawes in that yeare but that yow knew that Father Campian and diuers Seminary Priests were come into EnglaÌ„d lately before therfore to make the world beleue that their comming was to no other end but to sow sedition and trouble the State yow did not only make those lawes but also shamfully mundered the same yeare thesaid famous man and 11. godly innocent Priests with him for fayned conspiracies proued against no one of them disauowed by them all at their deathes which sufficient proof of their innocency as before I haue declared at large in the 11. chapter besydes many other since made away in lyke manner vpon lyke fals pretences and especially in the yeare 88. after the Kinges Armada had past through the channel in which yeare yow executed aboue 40. Priests and Catholykes in diuers partes of England to make the world beleeue that they had intelligence with the Spaniards or had procured the comming of thesaid Armada which could not bee proued nor so much as iustly suspected of anyone of them Moreouer I dare boldly affirme neyther shal yow euer be able with truth to controle me that wheras our Seminaries haue yeilded within these 30. yeares 5. or 6. huÌ„dreth Priests that haue laboured in that vyneyard wherof yow haue put to death more then a hundreth yow could neuer iustly charge any one of them with sedition or matter of state except it were Ballard executed with Babington and the rest whom as I wil not excuse because I know not how farre he waded in those matters so wil I not condemne him considering the proceedings of yow and your fellowes with Catholykes in lyke cases yet this I wil be bold to say that if he had any dealing therin it was without the consent or knowledg of any of his superiours yea or of any intrinsecal frend of theirs wherof I could yeild a sufficient reason if it were conuenient But let vs admit that he was as deep in those matters as any of the rest haue yow therfore any reason to condemne all other Seminary Priests for his act I do not blame yow heer for punishing any Catholyke that yow should fynd to be truly seditious but I fynd it strange against all reason and iustice that yow do not only punish vs for fayned crymes but also impute the doings of one or of a few to all which was alwayes in my tyme and I think it stil the absurd dealing of your lawyers in the araignment of Catholykes vrging against them the attemptes of Doctor Sanders in Ireland and Feltons setting vp of the Bul and such like as though euery Catholyke were priuie to their doings or thought himself bound in conscience to do as they did which kynd of argument your lawyers would neuer vse if they were not eyther most malitious or ignorant or thought all their audience to be fooles For what conclusion can be drawne from one or some particuler to a general as to say Eaton the preacher did pennance on the Pillery in cheapsyde and after at Paules Crosse for lying with his daughter such a minister was hanged for a rape such an other for sodâ—my such a one for a murder ergo all ministers are mnrderers sodomites rauishers of women and incestuous persons Would your ministers allow this conclusion or els that lawes should be made against them all for the offence of some of them and yet to say truly there haue beene so many examples of ministers conuict executed for such crymes that yow might with more reason exterminate the whole ministery as a very sink of sinne then condemne all Catholykes as seditious for Doctor SaÌ„ders and Feltons cause oâ— all Seminary Priests for Ballards But to conclude this point it is euident ynough that neyther Ballards offence yf he committed any nor theirs that were executed with him could be any occasion of those rigorous lawes against Seminary Priests which were made some yeares before when as I haue said yow had not any one example of a Seminary man that had beene or could be touched with any sedition other then such as yow fayned of them your selues Furthermore what iust cause had yow to make the distinction in your lawes betwixt Queene Marie Priests Seminary Priests haue yow found any more in the one then in the other but only that yow know the old Priests of Queene Martyrs tyme were so spent and wasted already that ther was not left of them perhaps half a score in England who also yow thought would be in a short tyme consumed wheras of the others yow saw a continual spring that would flow perpetually to the vndouted destruction of your heresy in tyme if it were not stopped in which respect yow thought good to seeme to fauour the first that yow might with more shew of reason persecute the later Neuerthelesse yow haue hanged some of those Q. Marie Priests as wel as the other only for doing their function counting them therin no lesse seditious then the Seminary Priests and yet yow say yow spare the one sort as only superstitious and punish the other as seditious But such seditious and superstitious Priests as these are were the very Apostles and Disciples of our Sauiour for they absolued from sinne as these do they administred the Sacraments of Baptisme or the Aâ—ter extreeme vnction the rest as these do they said masse that is to say they offred in sacrifise the blessed bodie and blood of our Sauiour as these do they did preach and teach the Christian Catholyke doctrine as these do finally they were persecuted punished for sedition as these are Thus Sir yow may see yow had not those causes which yow pretend to change the temper of your Iawes nor to distinguish betwyxt Seminarie and Queene Marie Priests neyther any reason at all to cal them eyther superstitious or seditious But let vs see some more of your gloses THE CONFVTATION OF an inuectiue which the Author of the Pamphlet maketh against the Iesuits CHAP. XXIIII IN your 10. and 11. page yow make a digression to treat of the strange mysteries as yow cal them of the Iesuits doctrin how they mingle heauen and hel and lift vp the hands of the subiects against the anointed of God yow wonder that Princes do not concurre in
that for the remedy there wanteth nothing but that your honours may haue notice thereof which I haue therefore presumed to geue yow in this Apology by the occasion of this my purgation which I present vnto yow in all humility beseeching your Lordships for conclusion of this treatise to consider from what root all these foule vnchristian practises of our aduersaries do spring as that they are nothing els but the fruit of heresy which hath no other period where to rest but atheisme or apostacy from Christ as euidently appeareth by all the east parts of the world which from lyke schisme and heresy are falne to flat infidelity which if it please your Lordships wel to weigh and the true remedy withall which Machiauel though in other things he be most absurd and impious yet wysely teacheth in this case to wit to reduce a corrupted state of common wealth to the point froÌ„ whence it first declined I hope your honours wil see the necessity of the reduction of our realme to the ancient Catholyke religion and to the vnity of the Catholyke body of Christendome whereof it was many hundred yeares togeather a principal meÌ„ber in all honour and security florishing in iustice equity and piety whereas now by this difunion and diuorce from the said Catholyke body and religion it is not only exposed to many daungers and much in â—â—my but is also replenished with iniustice and impiety as appeareth by the ordinary dayly proceedings of our aduersaries against vs declared sufficiently in this Apology which I leaue to your honours wyse consideration humbly beseeching almighty God to illuminat your Lordships and her Mayesty also in this behaulf which if it shal please his deuine Ma tie to do and with so great a grace and blessing as is the light of his Catholyke fayth to consummate and perfect those other rare gifts that he hath already bestowed vpon her Ma tie I meane her many princely partes her power by sea land her peace at home her prosperity abroad her long lyfe and raygne shee wil be one of the most fortunat famous glorious Princes that England or Christiandome hath had in many ages and a most rare example of Gods inspeakable mercy to the endles comfort of all true Christians From Madrid the last of August 1599. Your Lordships humble seruant T. F. THE TABLE OF the Chapters THE preamble to the right honorable the Lords of her Maiesties priuy councel The authors protestation of his innocency with the confutation of the fiction by the improbabilitie of the end that was supposed to moue Squyre there vnto Chap. 1. The examination of the grounds wherevpon Squyre was condemned and how vncertayne is the trial of truth by torment Chap. 2. Of the cruelty of the rackmaisters in England and of their manner of examination Chap. 3. Of the tormentors their manner of proceeding against law and conscience Chap. 4. That the common lawes of England do not admit torment in trial of criminal causes for the condemnation of the delinquent Chap. 5. Of the presumptions vrged by some lawyers against Squyre and first of the deposition of Ihon Stallage alias Stanley Chap. 6. Of the testimony geuen by a priuy councellour Chap. 7. That the euidence produced against Squyre was not sufficient in law to geue him torment and that therefore his confession extorted therby was of no force and consequently his condemnation vniust Chap. 8. An expostulation with M. Cook her Maiesties atturney Chap. 9. Of the lyke slander raysed diuers tymes heretofore against Catholyks and of the concurrence of calumniation and persecution Chap. 10. Of the vniust condemnation of father Campion of the Society of Iesus and 11. Priests for a fayned conspiracy against her Maiesty and the state Chap. 11. Of the lyke iniustice vsed against M. payne a Priest for a surmised conspiracy against her Ma ties person Cha. 12. Of the lyke vniust condemnation of M. Iames Fen M. George Haddock vpon the lyke fals pretence Chap. 13. Of two Catholykes in wales condemned vpon the testimony of fals witnesses suborned and hyred for money Cha. 14. Of VVilliams York CulleÌ„ executed for fayned conspiracies against her Maiesty Chap. 15. Of the ends that our aduersaries haue or may haue in slandering Catholyks with treasonable attempts and first of the end that they haue common with all persecutors of Gods Churche and how much they fayle of their purpose therein Chap. 16. Of other ends particuler to our aduersaries and of their disloyalty towards her Maiesty Chap. 17. That these proceedings of our aduersaries which they hold for polityke are against all policy true reason of state Chap. 18. Of two ineuitable dommages that must needs ensew to the whole state by the effusion of innocent blood with an intimation of some part of the remedy Chap. 19. The confutation of a pamphlet printed in England concerning the fayned conspiracy of Squyre and first of two notable lyes which the author thereof auoweth vpon his owne knowledge Chap. 20. Of certayne absurd improbabilities in the paÌ„phlet touching the manner of the discouery of Squyres supposed conspiracy Chap 21. Of certayne impertinent and foolish gloses of the author of the pamphlet and first concerning the moderation and lenity which he sayth is vsed in causes of religion where it is not mixt with matter of state Chap. 22. Of the true causes of more moderatioÌ„ vsed in the beginning then afterwards and of the difference made by the lawes betwixt Seminary Queene Mary Priests Chap 23. The confutatioÌ„ of aninuectiue which the author of the pamphlet maketh against the Iesuits Chap. 24. Of the hipocrisy of the autor of the pamphlet and his fellowes and of a ridiculous miracle fayned in her Ma ties supposed escape Chap. 25. The conclusion to the lords of the councel Chap. 26. Such fevv faultes as may haue escaped in the printing it may please the courteous reader to pardon Edvvard Squyre executed for a fayned conspiracy and the author of this treatyse charge therevvith The reasons that moued the author to vvryte an Apology in his ovvne defence The Apology stayd froÌ„ the print in hope of some toleration of Catholyke religion in England Hope of toleration frustrate Squyres matter seemed to be forgot Squyres matter held by the vvyse for a stratagem of state Squyres matter lately reuyued by 3. lybels and much vrged against Catholyks The authors determinatioÌ„ to set out his Apology O. E. In his nevv challeng to N.D. Chap â— The autor ansvvereth and confuteth this slaÌ„der vpon his ovvne knovvledge The autors protestation vpon his coÌ„science The endeuour of Syr Fran. Englefeld F. Parsons F Cresvvel and of the autor to diuert the Catholik king from the conquest of Engl. The Catholyk kings ansvver concerning his intention Restitution of Catholyk religion in England Ease of persecution by treaty of peace The reasons vvhy the Catholyks rather expected remedy by peace then by vvarre Frequent ouuertures to treatyse of