THE ATTESTATION OF THE Most Excellent and Most Illustrious Lord DON CARLOS COLOMA Embassadour Extraordinary for Spayne OF THE DECLARATION made vnto him by the Lay Catholikes of England Concerning the Authority challenged ouer them by the Right Reuerend Lord Bishop of Chalcedon WITH THE ANSWERE OF A CAtholike Lay Gentleman to the Iudgment of a Deuine vpon the Letter of the Lay Catholikes to the sayd Lord Bishop of Chalcedon Superiorum permissu M. DC XXXI The Approbation of the famous Preacher and Deuine and most ancient amongst the Doctours of Diuinity of Sorbone now liuing SEing the ground of this whole Controuersy among the English Catholiks is therin placed that the Right Reuerend Lord Bishop of Chalcedon seemes to challeng more vnto himselfe then is graunted by the faculties giuen him by the Sea Apostolike from whence it comes that out of the diuerse opinions iudgemeÌ„ts which are with heat framed by many there arise debats in this present tyme both daÌ„gerous and hurtfull To the appeasing quieting whereof no remedy seemes more to the purpose then to make fully knowne to all the true sense and feeling of the Catholikes that his Holynes doe more clearely lay open his mind concerning the faculties graunted to the sayd Right Reuerend Lord Bishop To both which this present Declaration of the English Catholikes is most necessary therfore I iudge it worthy to be published in print that it may be perused of all Dated at Tornay the 29. of April 1631. Iohn Boucher Sorbone Doctour in Diuinity Chanon and Archdeacon in Tornay and Censor of Bookes THE DECLARATION OF THE Lay Catholikes of England concerning the Authority challenged ouer them by the Right Reuerend Lord Bishop of CHALCEDON WEE Lay Catholickes of the realme of England haue vnderstood from sundry parts of the Christian world that a foule aspersion is cast vpon our honour reputation for that we are iudged to frame a lesse reuereÌ„d conceit of Episcopal Authothority and iurisdiction and not to render it that Obediecne which may be thought fit The only cause of this is taken from thence that we refuse to submit our selues to that power Authority which the Right Reuerend Lord Bishop of Chalcedon hath long since pretended as due vnto his place and to the which as we are assured vpon strong motiues he still layeth clayme taking it as graunted him from the Sea Apostolike This pretended Authority of his hath byn maintayned by sundry Treatises as well written as printed which warrant his Ordinariship and assure him of as much power as is granted to other Ordinaries in what Catholike Diocesse soeuer and warne vs that the same Obedience is to be performed towards him on our part Moreouer we are told that hitherto we were not a Church as long as we wanted a particular Bishop but a flocke without a Pastor an Army without a Generall a Ship without a Pilot a spirituall kingdome without a spirituall king a family without the good maÌ„ of the house in a word no true or perfect Christians And although as soone as we had returned an answere to a Letter sent vs from my Lord Bishop presently diuers scandalous wrytings which his Lordship neuer sought to suppresse nor seemed to dislike of were spread abroad and we therin traduced with no small disparagement to our reputation and preiudice to our cause especially in the opinion of the vnlearned yet we chose rather to forgoe our proper and priuate interest then by standing out with vehemency for our owne right eyther affoard vnto others a subiect of scandall or giue way to the daunger of an ensuing Schisme Wherfore in silence we left the decyding of this matter to those who by their Highest power in the Church of God were as well his Lordships as our Superiours But seeing there haue not wanted many both at home and abroad who in a matter nothing belonging to them and who could not so much as pretend any Authority ouer vs haue notwithstanding vsurped the freedome of giuing iudgment in our cause with great domage to our fame and honour which we endeare aboue our liues we haue thought good to declare and auouch entierly and faithfully before God and man these ensuing points First we sincerely belieâ—e professe that Episcopall Authority in the Catholick Church was ordained by God and as it beseemeth good Catholickes we honour it with all reuerence and daily beg with our best wishes that the diuyne Goodnes will once be pleased to send a tyme in which that authority which is truly giuen and which we account full necessary in the Catholick Church may safely be established amongst vs and we without increase of persecution acknowledge it and as humbly submit our selues vnto it as they do who liue in couÌ„tries not liable to lawes enacted against Religion of which kind very many and those seuere and capitall be heere with vs in force Which fauour if we could but obteyne of his diuine Maiesty truly we should esteeme our selues thrice-happy Furthermore we declare openly that for as much as belongeth to the Right Reuerend Lord Bishop of Chalcedon we honour and reuerence him in all duty take him to be a true Catholick Bishop sent hither by the sea Apostolick to administer the Sacrament of Confirmation as we thinke to gouerne that part of the Clergy which is coÌ„mitted to his charge but not to be our Ordinary either after an ordinary or extraordinary maÌ„ner because we in no case belieue that any such thing hath bin hitherto declared by the sea Apostolicke seeing that the tymes into which we are fallen do no wayes permit vs to obey such Authority without endangering the losse of our goods such a losse as cannot be recouered Neither do we only thinke that the Sea Apostolick hath not as yet bestowed any such office power or authority vpon the Right Reuerend Lord Bishop of Chalcedon but moreouer we rest assured that it is not the intentioÌ„ of his Holines to grant it him herafter vntil those times returne which may promise that this power will rather serue to support Religion then to ouerthrow it and vntill it may be lawfull for vs to imbrace it freely without so many so great difficulties and dangers which as things now stand is altogeather impossible for sundry and weighty Reasons alledged by vs in the Letter aformeÌ„tioned in the beginning of this coÌ„trouersy to my Lord Bishop of Chalcedon which for that the Reader should not peradueÌ„ture light on or we be inforced often to repeate the same thing we thought good to set downe in this place a Copy thereof togeather with a certayne Declaration made and presented to my Lord de Chasteau-neuf his Excellency at that tyme the most Christian Kings Embassadour Extraordinary in EnglaÌ„d before whome many Catholicks some of chiefe dignity esteeme amongst vs acknowledged the same for their owne So as the iudicious and vnpartiall Reader will easily perceaue the state of our cause which was the thing
of totall restitution of the Catholique fayth when Almighty God shall please the Sea Apostolique dealeth most prudently sending men hither with so much power as is necessary and expedient for Catholiques at this tyme reseruing the fullnesse of Ordinary Episcopall power till the full restitution of Catholike Religion in this Kingdome For so Catholiques are well assured that his Lordship is not Ordinary howsoeuer the Deuine cry nothing but Pastour and lawfull Pastour at euery word But men giue him the hearing only they cannot but woūnder that he should so brauely carry out the matter as if there were no Declaration or order to the contrary when he cannot but know that my Lord Bishop hath had more orders thē one to that purpose Nay that my Lord Bishop hath acknowledged the receipt of them else where though heere he do not and hath promised to cease from further stirring though we do not yet see the performance of it vnlesse it be that his Lordship indeed forbeare but that his Officers wil not be obedient to him in that wherin they may soone do his Lordship much wrong For their faults wil be imputed to him Now because this Deuine sayth Episcopall power hath beene euer obserued in the Church in all times of persecution whatsoeuer inferring thereupon that here now in England there ought to be a Bishop I would wish him to consider whether euen in the primitiue Church the persecution were like ours in some respects for though it were more bloudy◠and the tormēts more various and cruel yet it was but by fits and generally the Christians had their Cripts placed vnder ground and howses dedicated to that vse wherein they had a publike kind of exercise of their faith euen by publike allowance and Priests and Clergy men were distinguished by their habit tonsure or shauing of their crowne as it is vsed now generally in the Catholique Church But our case is farre different for heere we haue much ado to heare Masse in a corner as priuate as may be without discouery how much lesse might we haue those other things which belong to the Authority of an Ordinary But of this againe in another place These things considered since none of these spiritual cōmodities which this Deuine speaketh off are necessarily cōnected with the Authority of Ordinary neither are so necessary but that a man may be a good Christian and Catholique without them they cannot be the true motiue of pursuing the matter with such violence and heate to the greater scandall and harme of the Catholique cause then all the Authority my Lord Bishop would haue or this Deuine haue for him wil do good and therefore men are induced to thinke that the true motiue is Ambition desire of Rule interest in the fortunes of Lay men disposing of Legacies in maius bonum as would be pretended iudgemēt of controuersies betweene party party without their consents and by little and little to draw into practise a vexation by the seuerall tribunals vpon Catholiques This I will not say but surely there be great presumptions for it for if their reasons were good they would carry things with more tēper they would with a litle more patience endure to heare men propound their reasons to the cōtrary they would quietly expect the determination of the Sea Apostolique and obey it when it commeth besids that in their very discourses they cānot but bewray somwhat of their minds concerning Legacies monyes for pious vses But I will say no more of it but passe to another Section SECT IIII. That the Temporall daungers are not meerly pretended THE Deuine in his 4. Section laboureth by many reasons to proue that the tēporall Daungers are but pretended which is but euen the same that he said in the former Section in other words For though he sayth in the title that their motiues were worldly yet in his discourse he sayth that those were not their true motiues but their passionatenesse to Regulars and so he sayth heere yet I must yield to follow him though he saith but the same things ouer againe His first reason to proue the daungers to be only pretended is because they neuer mentioned those daungers till approbation was moued to Regulars which was about Easter 1627. whereas Episcopal Authority had beene restored since the yeare 1623. I answere first that wheras he sayth that Episcopall Authority was restored I see not how that can be said to be restored which neuer was for when was there euer a Bishop of Chalcedon in Englād with power of Ordinary in England before this mans predecessour Secondly Catholiques did little dreame at first of any such Authority as my Lord Bishop challengeth For the forraine title of Chalcedon gaue thē some assurance that he was not to be a Bishop like as in former Catholique tymes And though they heard somtymes of the word Ordinary amōg some of my Lords Clergy yet they made no great matter of it not knowing any great ground Notwithstanding they were desirous to know what Authority the Bishop had and for that cause vsed all the meanes they could to see his Letters or Faculties but they could not get a sight of them which made them begin to suspect somwhat and so they began to be a litle more carefull then before especially hearing of diuers things done by my Lord of Chalcedons officers as Excommunicating of some and threatning others as also comming to see the Letters Patents wherby his Lordship did create his Archdeacons true and lawfull Rulers and Ecclesiasticall Superiours of the Laity which when they saw they began to cōsult among themselues what was fit to be done And all this was before that euer my Lord of Chalcedon moued any thing about Approbation of Regulars And without question they would haue done what they did for their owne security though the matter of Approbation had neuer beene moued to Regulars It may be when they saw the flame breake out so strōg against Regulars who were otherwise exempt by challenging of a thing which could not belon◠but to a proper Ordinary in his Diocesse it might quickē them make them go about what they were doing with a little more speed and therupon they drew certaine points concerning my Lord of Chalcedons Authority in which they were desirous to be resolued and all of them concerning themselues and such as they had heard many of my Lord of Chalcedons Officers and friends speake of as things that were like to be put in practise But because it was not fit for thē to go vpon vncertaine reports they were desirous to know of my Lord of Chalcedon himselfe what his Lordship did conceiue to belong vnto him so that this Deuine is cleane out of his way in making the matter of approbatiō of Regulars the cause of the Laymens stirring His second reason to proue the daungers to be pretended only is because no man hath beene in daunger since the restitution of Episcopall Authority For answer to
there then we heere yet they haue only a Bishop with a forraine Title and I belieue with power farre short of that which this Deuine would faine haue for my Lord of Chalcedon Where if they had Bishops Bishops Courts as we haue such lawes of auncient and late times as we haue I doubt whether they would haue euen that But to be brief I say in a word that our Kingdome is more different frō both Ireland and Holland then they two are from perfect Catholique countryes And whereas this Deuine bringeth a place of Scripture for proofe of the prouidence of God thereby to make men not so to stād vpon secrecy I may bring two to the cōtrary One is that of our Sauiour Math. 4. Non tentabis Dominum Deum tuum thou shalt not tempt thy Lord God as they do that put themselues into needlesse perils Another is that of our Sauiour also which he gaue to his Apostles when he sent thē to preach Matth. 10. Ecce ego mitto vos sicut oues in medio luporum estete ergo prudētes sicut serpentes simplices sicut columbae Cauete autem ab hominibus tradent enim vos c. Behould I send you as shep amiddest wolues be therefore prudent as serpents and simple as doues but beware of men for they will betray you c. Which admonition is as proper for our Country our tymes as euer it was for any And therefore notwithstanding our Deuines confidence I shall wish still that with sincerity and zeale men ioyne prudence or else their zeale may do more harme then good And we find by experience that the prudent secrecy of some hath beene a greater meanes of preseruing Catholique Religion in these hard times thē the ouer-hardy zeale of others And so much for the fourth Section SECT V. That their cause of publique disauowing the Bishops Authority is not pretended and feigned VVHEREAS the Catholiques in their Letter say that it was vnsafe for them to haue beene silent so long towards his Lordship so clayming publishing his Authority this Deuine saith that they pretend the cause of disauowing the Bishops power of Ordinary was the feare of daunger of the State if they had not so done Which to be meerely feigned he proueth by many reasons all of them almost alledged and answered before But as he alledgeth them heere againe so must I be faine to repeat the answers The first is because no vsuall Authority of an Ordinary which alone the Bishop claymeth but at most Extraordinary of Legates and such like was forbidden by the ancient lawes without the Princes approbation I answere as before that my Lord Bishops Authority which he claymeth is not that vsuall Authority of an Ordinary but that extraordinary of Legates and such like as appeareth plainly by the wordes of his owne Letter wherin he sayth he is not Ordinary Ordinario modo but Extraordinario as Legats Nūtio's such like Now that is vsuall Authority for an Ordinary which is had in the vsual manner therfore that Authority which he claymeth is that which is forbydden by the aunicent lawes The 2. reason because those lawes were made for Catholique tymes and in fauour of Catholique Ordinaryes not for herelicall tymes and in fauour of hereticall Ordinaries against Catholiques I answere well be it so Doth this Deuine thinke in his Conscience such an Answere would quit a man that should stand at the barre for acknowledging of my Lord Bishops Ordinaryshippe or Iudicatiue Power Sure he cannot thinke it For though the law were made in a Catholique tyme when they litle dreamed of such a change as hath beene since yet now the tymes are changed and Protestant Ordinaryes are come in place of Catholiques all the power priuiledges of the one conferred vpon the other and the Law not repealed are not men still liable What with right and what with might questionlesse a man would be found guilty For his 3. reason he saith he much suspecteth that only priuity doth not make a man guilty but granteth it of acknowledgement or participation But he asketh what need they had to take knowledge of such Authority For the Bishop he sayth wrote but one Letter of this matter which came to few hands and far fewer can be conuinced to haue seene it I answere that for the priuity though this Deuine say he suspecteth that wil not make a man guilty yet I presume he cannot be so bad a Lawyer as not to know that priuity in matter of felony or treason maketh a man accessary if he but onely know it and not discouer it If accessary then certaynely guilty and this is generall in all criminall maters without exception Why then should he make question in this matter Or taking knowledg of it I would faine heare how could any man auoyde it Suppose any man should haue been questioned for acknow ledgement of his Lordships Authority could he pleade ignorance of his Lordships clayme it being made by a Letter written to all the Catholiques of England for their satisfaction and to let them know what Authority he had Would it seeme probable that any Catholique should not see or heare of such a Letter Now that the Letter was but one that it came to few hands It is true it was but one But that one was inough and more then inough For what he sayth of the Letters comming to few hands I answere first it seemeth by the matter and manner of writing to haue beene my Lord Bishops intention that it should come to more Secondly it is well knowne that there were more copies made and some of my Lords Clergy had the care speedily to diuulge it so as it was diuulged in some remote parts of England at the very same tyme it was published heere How then can this Deuine say the Letter came but to few mens hands And for being conuinced to haue seene it in so publique a thing as that was no man will stand to proue it but presume it as any man wel may For what Catholique could be ignorant of it The 4. reason is That many monethes before my Lord Bishop published his Authority of Ordinary these Gentlemen sent Interrogatories as this Deuine termeth them vnto him to haue him declare whether he was Ordinary or no. So as he sayth they were rather desyrous he should declare himselfe to be Ordinary then conceale it It is true Catholiques saw many things they could not tell what to make of and so might be willing to know certainly and from his Lordship himselfe what Authority he had but might not the answere haue beene priuate as the demaunds were They were desirous to know but not so that all the world must know they knew had they knowne in priuate they might haue represented the inconueniency and daungers priuately to my Lords consideration But his Lordship feared some such thing and therfore made answere in such publique manner as to carry the matter cleere without reply But
for the most part mistated For the Controuersy being of the Authority of Ordinary as Ordinary how it may stand with the safety of Catholiques in these tymes and vnder these lawes the writer flyeth from it to Episcopall Authority in generall Obedience to lawfull Pastours Gouernement of the Church and the like whereof no man maketh any doubt Or if he happen a litle to touch the point he doth but touch it and so slenderly that any man may see he hath not much confidence in his cause but seeketh rather to carry it by the Title then reason of a Deuine Wherefore finding my selfe euery way deceyued of my expectation both for the matter and manner and considering on the one side the harme which euen the bare Name or Title of a Deuine might do among many that looke not farre into things and the wrong that it might do to those three worthy Persons and zealous Catholiques in particuler agaynst whome this writyng is chiefly intended and to the cause of Catholiques in generall I thought best to make some answere to it though I be both least fit of a thousand that this course of writing be for the most part disallowed by wise men as being a thing that doth minister more matter of dissention and keepeth those things longer on foot which were better buryed For some answere must be sometymes made least such men thinke they haue wonne the field and indeed the silence of the one syde seemeth to haue made the other take more hart and to speake and to write more freely because perhaps they thinke men will still be as temperate of their pennes as they haue beene and are still of their tongues But they must think that this extreme heate of writing will force men somewhat to alter their course hoping that the necessity of a iust defence may plead their excuse that the end of this Warre wil be Peace which is my desire also intention in this my Answere which the God of Peace vouchsafe to graunt vs. And so I come to the matter which as the Deuine diuideth into fiue Sections the first shewing the Letter to proceed from passion the 2. from Temerity the 3. the motiues to be humane and worldly the 4. that the temporall daungers are meerely pretended the 5. that their cause of publique disauowing the Bishops Authority is pretended feigned so shall I endeauour in so many Sections to shew all the Contrary The Anwsere to the Iudgement of a Deuine vpon the three Gentlemens Letter to my Lord Bishop of Chalcedon THOVGH in answering of these papers I must be faine to let passe many greater matters then the Title yet it presenting it selfe in the first place I cannot omit to note two things in it The one is the word Iudgmēt which doth sound somewhat authoritatiuely insinuating as if the writer were a Iudge or Superiour for to such only it properly belongeth to giue iudgment whereby though perhaps he would gayne himselfe and his writing credit so to further my Lord Bishops cause which he handleth yet he is best to looke he do him not more harme For by making himselfe a man of such Authority he may make it to be thought that he is my Lord Bishop himselfe or some one of his officers but only that men presume more of the discretion of such Officers and much more of my Lord Bishop himself thē that they would write or euer suffer such a thing to be written with their priuity Wherefore though he take vpon him to giue iudgmēt yet I will take him not to be a man of iudgement I meane that hath any further Authority then his knowledge of Diuinity will affoard him and so I shall in this answere speake to him as to a Deuine not as a Iudge The other thing of the Title is that he calleth the Letter of the Lay Catholiques the Letter of the 3. Gentlemē who vndertooke the deliuery of it Wheras it is well knowne that most Catholiques of worth in and about London at the tyme of the deliuery of it were priuy to it and that these 3. were but chosen out of a great nūber as men most fit in al respects to vndertake the deliuery of it wherof I shall haue occasion to say more hereafter in this answer Only this I say here because hereupon as he calleth it the 3. Gentlemens Letter I meane to cal it more truly the lay Catholiques Letter SECT 1. That this Letter did not proceed from passion THE Deuines first Section is wholy to proue this Letter to proceed from passion Wherin a man might aske him what passion But because I will not stumble him to much at first nor intend so much to vrge him as answere I let that passe His first reason is because these Gētlemen take no notice as he saith of any thing but that which disliketh them to wit my Lord Bishops Ordinaryship and exacting approbation of Regulars there being diuers other things that in the Deuines iudgment imported them more as the validity of their Cōfessions which concerned their soules good the Bishops care of not increasing their temporall troubles which cōcerned their fortunes and the preseruing the Bishops honour Authority which concerned the commō good of our English Church This is the substance of the first paragraph wherin he taxeth these Gentlemen as if they had only a mynd to quarrell with my Lord Bishop for so he saith in the marginall note But how false this is may easily appeare if a man cōsider how many things there were in that Letter very subiect to exception which a man that had bene disposed to picke quarrels might haue made matter of and among others that bitter imputation of practising and libelling wherwith his Lordship chargeth Catholiques in generall in his common Letter 16. October 1627. Which though no man could but resent yet euery man forbare to speak of because it was impertinent to that end which they set before them in writing this Letter which end of theirs if it had beene as this Deuine imagineth this had beene the first thing in the whole Letter to take hold of and this is the very reason why they medled not with those other matters wherwith this Deuine would faine haue had them trouble themselues Besides that there be other reasons which a man might easily bring as for that of the validity of Confessions that they saw not any colourable reason of doubt yet they prayed his Lordshippe in whose power it was with a word speaking or rather not speaking a word not to bring them into further trouble then they had bene in his Predecessours tyme and before And for their tēporall state they saw wel inough all my Lords aduise would nothing auaile them so long as he had the authority he challenged Besides that in their tēporall matters they can better aduise thēselues then any man els can that being their owne element And lastly for the not belieuing euill speaches against the
which as things stand will rather hinder then help Now for our auncient lawes which our Deuine sayth are not against a Catholique Episcopal tribunal not according to the meaning of the Law-maker howsoeuer it may be against the sound of the words I say first that as times stand it is enough to be against the letter of the Law our Protestant Iudges and men in Authority who thinke themselues fittest to be interpreters of the Law will haue great aduaÌ„tage against vs if they shal be able by the very words of the auncieÌ„t lawes to bring vs with in compasse of Treason or Premunire And if now by word writing they publish to the world that we dy not for Religion but for Treason although we suffer but by the lawes made in this time of Protestancy how much more colourably would they thinke to do it wheÌ„ we shall suffer by the auncient Lawes made and practised in Catholique tymes and not disallowed or contradicted by the Sea Apostolique And it may be this very thing if it had been so knowne to his Holines as the Catholiks Letter saith well for it is no disparagement for any man to say that he doth not know all particular Lawes and Ordinances of all Countryes it is most probable his Holines would neuer haue put the Catholiques into any the least occasion of such offence especially being a thing wholy needlesse at this time Secondly a man may perhaps also say it is against the meaning of the law in some sort For though it were neuer the meaning of our Catholique Auncestors to hinder the lawfull exercise of Ordinary Ecclesiasticall power yet their end was as this Deuine confesseth to restrayne the exercise of extraordinary power or Legatiue by reason of the disturbance which it did many times cause in the vsuall courts of Iustice of this kingdome Why then may not a maÌ„ say they meane of such power as my Lord Bishop would haue heere considering the preseÌ„t state of things For heere be now vsual Ecclesiastical courts of Ordinaries or Bishops but they are ProtestaÌ„t Bishops say you I graunt it but yet in their Courts they retaine the same forme of iustice in great part the same kinds of causes they had aunciently and though it be true that they haue not true Ecclesiastical iurisdiction as being Branches cut of from the roote which is the Sea Apostolique yet they exercise it de facto by the Kings authority so as all both Protestants and Catholiques must be subiect vnto them so much as concerneth the outward gouerment or forum externum Now my Lord Bishops Authority in this case suppose it Ordinary for the present for disputatioÌ„s sake is of no lesse hinderance or disturbance to the Ordinary Courts and course of Iustice then was Legatiue in ancient times nay more for the Legatiue court was a Superiour court and therfore did not medle in Ordinary and dayly matters but in some particuler cases and euents Whereas my Lord Bishops Court if he were Ordinary would answere ex aequo as I may say and directly to the Ordinary spirituall Courts heer and might challenge the hearing and determining of all causes as due to it selfe excluding the other as vsurper In which respect I thinke that as this Deuine sayth the law-makers neuer intended to hinder the restitution of Catholique Episcopall iurisdiction so I am of opinion with him thus farre though they would not hinder it when tyme should be for it so yet that in such tyme and circumstances as now we are in and so long as it were not in their power to hinder but that Protestants should bâ—are the sway as they do they would neuer haue lyked the restitution of it in such manner as his Lordship desireth To which though I am the rather induced by considering how the Catholique Bishops who in Queene Maryes time exercised their Authority and kept their courts vpon the suppression of Religion and their Authority and the substitution of others in their place forbare the exercise thereof as hurtful rather then any way vsefull nay euen impossible Thirdly not to stand guessing what would haue been the mind of the Law-makers in this particular case suppose my Lord of Chalcedon were Ordinary heer to come to the true playne meaning of the Law which this our Deuine acknowledgeth to wit that by it is forbidden the exercise of a legatiue tribunal I say this law precisely and directly toucheth his Lordships Court which he would erect For though be not a legate à latere yet he is a Delegate of the Sea Apostolique and his power is of the same kinde with Legatiue though inferiour vnto it And this is manifest by the words of his owne Letter saying he is Ordinarius not Ordinario modo but extraordinario modo as Legats Nuncio's and the like though he be not yet so truly Ordinary as any of them whose power is expressed in the Canon Law his Lordships power being wholy out of the CommoÌ„ Course Therfore the law is much more against it then against the power of a Legate Secondly the very manner of conferring the Authority by speciall Commission doth manifestly shew him to be a Delegate for that is proper to Delegation Thirdly he hath his Iurisdiction ad beneplacitum which is essentiall to Delegation But what need I stand further prouing so manifest a thing wheÌ„ as both his commission hath the expresse word Delegamus and his Holines his Nuncio of Paris in a Letter vnder his owne hand speaking of my Lord Bishop of Chalcedons Breue sayth Delegationis suae Breue sufficienter ostendit c. by word of mouth he did not only tell diuers that will iustify it that my Lord was not Ordinary but proued also by the Cannons that he could not be Ordinary His Lordships Power then being rather Legatiue then Ordinary and euen not that legatiue which is expressed in iure and whose power in that respect is called Ordinary because it is belonging to the office of a legate by law it is plaine that the ancient Law doth properly touch his Lordships power and Tribunall For suppose when EnglaÌ„d was Catholique a man had come in hither all the Bishopricks being ful with such a speciall title and commission and chalenging such Authority heere as his Lordship now doth what would other Bishops say In what Ordinary Tribunall should he sit Must he not erect himselfe a new one Nay suppose his Lordship should haue byn Bishop of Canterbury and one come in as he doth Bishop of Chalcedon by speciall Commission would not his Lordship think that man to offend against this ancient law in such a case And whosoeuer should acknowledg or submit himselfe to such Authority liable to the penalty there appointed Certainly he would And why not then in this case You will say now there be no Catholique Ordinaries as theÌ„ there would be What then say I againe Doth that alter my Lord of Chalcedons Authority Doth not that remaine the same
recede c. But the Deuine had an eye in this to his conueniēcy reseruing this poynt for the last therin to shew his Diuinity which he hath hitherto made litle shew of and so now he commeth to that which followeth 6. Their 6. point of Temerity sayth the Deuine is in their words neyther can we be persuaded that there is a necessity of conforming our selues therunto Episcopall power obserue these two words of the Deuines owne putting in by the parenthesis and by way of glosse as to a matter of fayth or yet that we can be obliged to loose our state and ruine our posterityes where the necessity of profession of Fayth doth not oblige vs. Vpon which words the Deuine descanteth asking what is this but to get vp into the Bishops chayre and teach him how far they are obliged where he sayth that as long as they taught what was common law they were to be heard but that where they come to teach the duty of a Christian they passe the duty of a Christian And then he teacheth that it is a matter of Fayth that there ought to be Episcopall power in Gods Church and that the Pastors are to be obeyed and that although particulars be not matter of fayth yet men are bound out of the vertue of Religion to hould them so where there is no cause of doubt For sayth he it sufficeth that they are obliged to obey theyr lawfull Pastour and that they haue no reasonable cause to doubt but that the Bishop of Clalcedon is such to them and so concludeth that they erre exceedingly if they thinke that they are not bound to conforme themselues to any thing but matters of fayth for that they are bound to conforme their willes to matters of religion obedience or other vertues cōmaunded by God his Church as they do their vnderstanding to matter of faith Thus the Deuine discourseth more it seemeth to shew his Diuinity then to speake to the purpose for what needed al this whereof there is no question as that it is the institution of Christ that there should be Episcopall Authority in the Church that lawfull Pastors are to be obayed that men are no lesse boūd to the practise of other vertues then the profession of fayth Who denieth all this Or what was there in the Letter that being rightly taken might enforce any such discourse The Catholickes meaning therfore is playne that the acknowleging or obaying such Authority as my Lord Bishop now pretēdeth heere in Englād as things stād is not a matter of necessity to the profession of the Catholike fayth or exercise of any other vertue necessary for a good Christian But that they may be good Catholickes without it as they haue approued themselues before God the world these 60. yeares which if it had been necessary the Sea Apostolike would neuer haue suffered them to want a Bishop so long This was the thing the Deuine should haue touched without going about the bush now what Temerity is it for any lay man in the world to say this Or wherin doth he take vpon him more thē he should How doth he teach the Bishop or by saying this how doth he passe the duty of a good Christiā What crime is it for a man now in time of heresy persecution where the profession and exercise of the Catholique fayth is dangerous to his life and fortune when he shall be vrged by my Lord Bishop to further exercise or profession therof then is necessary to make answere that he thinketh he cannot be bound vnto it Will this Deuine in good company and before learned men say he can No no hee will be better aduised whatsoeuer he writeth Nay this thing is so playne and so necessarily included in the Common practise of the Catholique fayth all this tyme of persecution as I wonder this Deuine should thinke it such a matter for a lay mā to speake so much Diuinity He need not for his will be neuer the lesse though all the world know it And on the other side Catholiques haue beene so beaten to it that there is no man can but know it For what hath made them stand out against the oath of Supremacy going to Church the oath of allegiāce c. but the necessary connexiō that these things of their owne nature haue with the profession of their faith which were it not all Catholiques in England know they could not by any humane constitution be bound not to cōforme themselues to our lawes in this behalfe the dangers being such as they are Now they see that the hauing of a Bishop at this time with such Authority as is pretended is not of such necessity on the one side as these things and on the other side of no lesse danger and therfore they thinke they cannot be bound to it Is this such a deep point of Diuinity as a Lay man may not presume to know it Or if he know not speake Or if he speake of it he must be sayd to get vp into the Bishops Chayre Who would thinke a Deuine would trifle thus But let vs see more he enlargeth himselfe in this as being in his iudgement a substantiall poynt of temerity making another Paragraph of it But before I haue done with this I cannot omit to note the Deuines Parenthesis in the beginning of this 6. Paragraph where to the words of the Letter which say Neither can we be perswaded that there is a necessity of conforming our selues heerunto which they meane playnely of an Episcopall Tribunall as things stand This Deuine with his parenthesis of Episcopall power maketh as though Catholiques deny conformity to Episcopall power in generall which is a strange slight I may say plaine corruption But to goe on with him he goeth forward thus Like to this is that other great errour of theirs where they say they cannot be obliged to loose their estates ruine their posterityes where the necessity of profession of fayth doth not oblige them For saith he they are aswel obliged to loose their estates nay liues also where the exercising of any necessary Vertue doth oblige them as where the profession of fayth doth For example he bringeth Ioseph the Patriarch who was obliged to loose his estate and liberty as well when the necessity of Chastity did bind him as necessity of professing his fayth So he sayth Christians were no lesse bound to obay the decrees of the Apostles thē belieue their doctrine And he brings the Authority of S. Thomas to proue that he suffereth as a Christian whosoeuer suffereth for doing any good or auoyding any euill saying withall of himself that to loose their liues for acknowledging their lawfull Pastor is to loose it for profession of their fayth So the Church holdeth them for Martyrs who would rather dy then subscribe to the condemnation of S. Athanasius c. To this I answere that the Deuine is very free to call this an errour which by answering what he sayth
is all one But to go a little further with him I say it is not Treason for a man to heare masse to receiue the Blessed Sacrament to be baptized married annoyled or the like or to do any act in acknowledgemēt of his Priesthood except only absolutiō reconciliation wheras it is farre otherwise of a Bishop For not only to be absolued or recōciled by him but euen to promise any obedience vnto him is high treason in the Doer Coūsellour or A bettor much more to do any act in conformity of his Episcopal power in foro externo as to appeare before him vpon his citation to obey his censures or the like this by a law of 23. Eliz. to wit 4. yeares before that other of receiuing relieuing c. of Iesuits Priests where it is enacted that if any person shall promise any obedience to any pretended Authority of the sea of Rome or of any other Prince State or Potētate that then such person shal be takē tried and iudged suffer and forfaite as in case of high Treason in which words is plainely comprehended Episcopal power as such for it is deriued from the sea of Rome whether it be delegate or ordinary Or if it be Ordinary as that of Bishops in their diocesse and as the Deuine takes my Lord of Chalcedons to be then it is like it may be vnderstood in that word Prince for such a Bishop is a spirituall Prince And that it may yet further appeare that his Episcopall power as such is so forbidden by this law I will put this Deuine a case thus Suppose there should com one in hither sent by the Pope without the order of Bishop Priest or any other order but only with Episcopall power or iurisdiction as he might be to determine such causes heere among Catholiques as Bishops do els where in their spirituall Courts would this case be comprehēded in our Lawes thinks he or not or would it not be Treason for men to promise him obediēce come to his Court obey his cēsures c certainly it would euen by this law of 23. Eliz. How then can this Deuine so confidently auerre that Episcopall power is no more against our modern Lawes then Priestly But heere now I must intreate this Deuine to conceyue me right for my intentiō is not to inforce Lawes against my Lord Bishop of Chalcedon but only to answere his arguments which force me to this to shew that there may be some more daunger in Episcopall then Priestly power for auoyding wherof Catholiques are not to be blamed if they be lesse willing to admit of the one then of the other now in these tymes wherein it is but good discretion for men to serue God and exercise their religion with as little hazard of their Liues and Fortunes as they may To the second demaund whether it beseeme them to reiect Episcopall Authority and the certayne spirituall commodityes therof vpon vncertaine or rather pretended daungers I answere as to the first that it supposeth falsly that they reiect spirituall Authority For they reuerence it though nothing seemes reuerence to this man but yielding to his will Secondly they do not refuse any spirituall commodity that commeth therby as Confirmation hallowing of Oyles or whatsoeuer else doth not concerne such manner of Ordinary Authority as they cannot safely admit for the reasons alleadged in their Letter which this man sayth are vncertaine or pretēded which conceit of pretented so much pleaseth the Deuine that he maketh a distinct section of it therfore if it deserue any answere I will make it there To the 3. demaund how far short they are of the zeale of the Affrican Catholiques who would rather venture a persecution then want a Bishop I answere it is well knowne Catholiques heere want no zeale to Bishoply Authority who haue suffered so long sharpe persecution for the Authority of the sea Apostolique which they haue defended with losse of goods and life for admitting of Priests sent by the Authority therof which that holy sea considering with great wisdome and charity hath so tempered things all the tyme of persecution that as on the one side it hath sent Priests with sufficient Authority for our instruction administration of Sacraments other necessary matters so on the other side it hath for borne to presse vs further for the admittance of such Authority at is more dangerous then needfull And who can blame vs if we desire the continuance of the same course still till God send better times And if our zeale be the same to the sea Apostolique for whose Authority we suffer and vpon whome we desire therfore to depend immediatly as vpō our proper Pastour as those Catholiques had to their particular Bishop of what can any man iustly taxe vs Are we worse Catholiques Nay are we not rather so much better Catholiques as we depend more neerly of the Head of the Catholique Church Besides our case is different from the Africans in many respects they had no other meanes of maintaining the succession of Priests for administration of the Sacraments and preseruation of the Catholique fayth but by a Bishop of their owne we haue They desired a Bishop of their owne we should also be glad of such a one as for example a Catholique Bishop of Cāterbury Londō c. if it might be but not a Bishop of another Diocesse to come in hither as Ordinary for that is against our auncient Catholique Lawes Their Bishops seas were not possessed by others ours are and the like This Deuine therefore doth vniustly taxe vs of want of zeale to our immediate Pastor Besides the example of the Africans is often answered proued to make quite against the Deuines end To the 4. demaund which is whether it beseeme them to impugne a Bishop who is their Pastor in behalfe of Regulars who are not their Pastors I answere that still this Deuine supposeth a false ground of impugning a Bishop Now for a Pastor we know not what he meaneth by it If he meane one with power to preach teach and administer Sacraments without other ordinary forrayne power we graunt he is a Pastour But then why should not other Priests be also Pastours hauing the same power and Regulars as well as seculars for it is not the name of a Bishop only For any Priest that cometh heere into England is more our Pastor then the Bishop of Paris Lyons Burdeaux or any such Bishop who hath nothing to do heer but by speciall cōmission which if it be no more then is giuen to other Priests thē is he no more Pastour then they Will this Deuine say my Lord of Chalcedon is a Pastour otherwise Say it perhaps he may but proue it I thinke he cannot Sure I am his Breue or Cōmission importeth no such thing but all the contrary as that he is Delegate his power reuokable that it is only for the spirituall good of soules It is signified by the word Facultyes