his relations that many strangers comming out of forrein parts amongst the rarities of England desired to see whether report had not been too lavish in affirming that our condemned persons sold their bodies to death with chearefulnesse and were it not that by daily experience we can call our selves to witnesse this truth I could produce the reverent Judge Fortescue The best laws are made out of those good customes whereunto the people are naturally inclined who in commendation of our English Lawes made sutable as he well observeth to the inbred conditions of the inhabitants of this foile avoucheth that the English people in trial for criminal causes are not compelled by tortures to confesse as in other Nations it is used forasmuch as the English Nation is knowne to bee lesse fearefull of deaths torments Vse to see men die with resolution taketh away the feare of death for which reason the Romanes used the fights of the gladiators for which cause if the torments of the Civill Law were offered to an innocent person he would rather yeeld himselfe guilty and suffer death than endure the houres of lingering paines Insulam plerumque fures inhabitant saith one and so true it is that this Country is stained with that imputation notwithstanding that many are put to death to the end that others by their facts might learn in time to beware If then it doth not appeare that terrors doe not prevaile to keep men from offences The Hereticks and publicans being whipped took their punishment gladly their captaine going before and singing blessed are men that hate you which are to be condemned by Law and Conscience what assurance can they have to scare those which are constantly satisfied in their mindes that their sufferings are either expresly or by implication for matter of Religion and health of their soules in such a death to threaten death to English men is a matter of small consequence Purpur at is Gallis Italis aut Hispanis ist a minitare To a settled resolution it bootes not to shew the dreadfull vizzard of deaths menaces to prolong a wearisome life prevailes much more in such cases Andromachen cogere sivis vitam monitare Sen Rightly did Clement the eighth consider that by burning two English men in Rome for supposed heresie rather impaired his cause then bettered it insomuch that many being present at the death of Master Marsh who was brought to dust In campo de sancta Flora spared not to proclaime him for a Martyr carried away his ashes for a relique and wished their soules at the same place with his which newes being brought to the Popes eare caused him as it was bruted about in Rome solemnly to protest that none of the English nation should publiquely from that time forward be consumed with fire Worldly desires may be quenched with godly meditations but heavenly hopes cannot be abated by earthly punishments On the other side if we reade the Volumnes written in praise of their Priests constancy their Martyrology or Calendars of Martyrs and path way of salvation chalkt out to the Papists by sacrificing their lives to the Pope we shall finde that by taking away of one we have confirmed and invited many whereof I could give particular instances if I thought any scruple were made in that point As for forraigne parts which hold with the Papall supremacy it is cleare they will be severe and partiall judges in this cause for albeit here in England it is well knowne to all true and loyall Subjects It is a point of wisdome to maintaine the truth with as little disputation as may be least a good cause be marred with ill handling that for matter of Romish doctrine no mans life is directly called in question but that their disobedience in matters of State is the only motive of their persecution Neverthelesse where a great Canton of Christendome is rooted in a contrary opinion and things of the world are for the most part esteemed by outward appearance the Land cannot escape malitious scandals neither shall there want Colledges to supply the faction with Seminaries Therefore againe and againe I say that if the state of the question were so set that it were possible by a generall execution of Priests and their adherents to end the controversie I could in some sort with better will subscribe thereunto But seeing I had little hope in that course It is hard to make a rule so generall against which difference of circumstance cannot except I hold it safer to be ambitious of the victory which is purchased with lesse losse of blood and to proceed as Tully teacheth his Orator who when he cannot fully overthrow his adversary yet ought he to doe it in some sort and withall to endeavour to confirme his owne party in the best manner he can Hee that forbeares to sow his ground in expectance of a good winde and favourable moone commonly hath a poore crop and a leane purse So shall it fare with the State if private whisperings of discontented persons that never learned to speake well never to be nicely regarded yet are they not to be sleightly set at nought lest our credit grow light even in the ballance of our dearest friends He that is calumniated by many is in danger first to be suspected by his friends and shortly to be condemned if the slander continue The papisticall Libels informe against us that we are desirous to grow fat with sucking of their blood the very walls of their Seminary counsels at Rome are bedawbed with their lying fancies and in every corner the corner-creepers have some badge of their malitious spleene against us crying out of our cruelty and persecutions But if the penalty of death be changed into a simple durance of prisons what moate can they finde in our eyes to pull out or with what Rhetorick can they defend their obstinate malapertnesse with repaying us evill for good but deserve to have coales of indignation poured upon their heads Visne muliebre consilium to Augustus let severity sleep a while and try what alteration the pardoning of them will bring The Emperor hearkened unto the counsel That counsell takes best effect which is fitted to the nature of the times and persons and thereby found his enemies mouthes stopped and the fury of their malice abated some there are perchance that will terme this clemency innovation and vouch the president of that City who permitted none to propound new Lawes that had not a Collar about their necks ready for vengeance if it were found unprofitable But let such Stoicks know that there is a great difference betwixt the penning a new Law and advice given for manner of executing it Those changes of State are safely made which reserving most part of the ancient forme betters it and reduceth effects into order neither by their leaves are all innovations to bee rejected for divine Plato teacheth us that in all Common-wealths upon just grounds
a happy turne Without reformation in this point Popery will still encrease but as all vertuous enterprises are difficult so this most intricate But I finde it to be full of difficulty there is provision made to avoid Popish School-masters but there is no word against Popish School-mistresses that infect the silly Infants while they carry them in their armes which moveth me to suppose that the former proposition to examine how children and servants are brought up and truly to certifie the life of Communicants and Recusants will be the readiest meanes to let his Majesty know the yearely increase of the Church in every Diocesse A wise housholder will cast up his reckoning to see what losse or profit he hath made in a yeare and whosoever shall send his children or any his Majesties subjects to bee placed in Monasteries and Seminary Colledges or Popishly to be brought up in forreine parts I wish that for punishment both the one and the other might be defranchised of the priviledges due to naturall Subjects so far forth as any good by the Lawes might descend to them but not be exempted from the penalties thereof or the Regall jurisdiction of the Crowne I know that contradiction is odious and makes a man seeme ambitious to be thought more understanding than others In which case the Spaniard uses to terme him only presumptuous whom he would call foole if civility would beare it But my defence I hope shall serve to revive my former protestation that I discourse by way of proposition rather than arrogance in defining any thing The law which took immediate notice of an offence gave a quick redresse and corrected the poore as well as the rich with pardon therfore may it be permitted that the penall Law of twelve pence inflicted on him that would not give a reasonable excuse for his absence from Church on Sundaies was one of the best Ordinances that hath been hitherto enacted but while we sought to make new Statutes savouring of more severity we neglected the old and were loath to execute the new For it is a certaine rule that whosoever in policy will give liberty and yet seeme to suppresse a crime let him procure sharpe Lawes to be proclaimed which are necessary only for the times and cause occasions to be put in execution but not to be an ordinary worke for every day in the weeke Sharpe Lawes that stand upon a â—long processe after a manner seem to dispense with a vice daily use teacheth us likewise that it is lesser grievous to punish by an old Law than a new Forasmuch as truth it selfe without it be praised seldome gets credit and its hard to free the people from suspition that new Lawes are not rather invented against the particular persons and purses of men than against their manners By force of which reason I am induced to conceive that the old use of the Church contained in good nurture and Ecclesiasticall censure much more prevaile to nuzzle Popery than any fresh devices whatsoever Neither doe I thinke it blame-worthy to affirme that our cause hath taken harme by relying more on temporall than spirituall forces for while we trusted that Capitall punishments should strike the stroke we have neglected the meanes which would for the most part have discharged the need of such security The oath of Allegiance is not offered generally to servants and meane people The allegiance to God ought to precede the temporall obedience for if the first may be obtained the second will follow of it selfe who if they had taken the oath of Absolution of a priest might recoile from it and change their opinion at leisure without any ready meanes to discover their Lieger demeanes That oath will not be often prest and to them that shift from place to place how can it be tendered The principall Papists now cover themselves in the crowde of the multitude but if we can discover the affection of the multitude they will easily be unmasked and being singled from the rest they will be ashamed of their nakednesse Which under correction of better judgements may be effected if every new commer to inhabite a towne and servant newly entertained within a weeke or fourteene daies be caused to repaire unto the Minister This course will discover more than the oath of Allegiance and prevent many from falling off by reason of the quicke discovery there in presence of the Churchwardens and other honest men to subscribe unto such briefe and substantiall articles confirming Faith and Allegiance as shall be according to Gods Word and Justice ordained to distinguish the Sheepe from the Goates In forreine Countries every Host is bound to bring his guest before an Officer there to certifie his name with the occasion of his comming and intended time of abode in those parts and in case he staies longer he must again renew his licence so curious and vigilant also they are to keep their Cities from infection that without a Certificate witnessing their comming from wholsome places they may not escape the Lazzaretto No lesse watchfull ought we to bee to prevent the contagions of our soules As long as houses lodgings in London are let to Papists the Priests shall bee received and from thence the Countrey infected than other Nations are of their bodies every thing is hard and scarcely pleasing in the beginning but with hope some such course may be readily put in execution I propound this rather as matter for better heads to worke on then peremptorily to be insisted upon in the same termes Yet lest any man charge me with temerity that when I desire to know the multitudes inclination by the meanes aforesaid I satisfie my selfe with the Parrets language pronouncing it knowes not what I thinke it not impertinent to put them in minde that I have hitherto required instruction both precedent and subsequent and am ever of the minde that though all this cannot be done at once If we can prevent the increase of Papists these that now live must either bee reformed or in time yeeld to nature and then shall a new age of Christians succeed and by education made religions yet it is necessary alwaies to be doing our best knowing that not to goe forward in Religion is to goe backward It is not the outward obedience of comming to Church that discovers the inward thoughts of the heart it is the confession of the tongue must utter these secrets and where the Curate is insufficient or the Parish great I would they had Chatechists to assist them maintained by the Priests of the Recusants which pension being collected for good cause will free us from scandall though it grieve them to pay the speciall army wages against their owne Stratagems surely in giving them way in petty matters they are growne Masterfull on their party Plato affirmes that the popular state proceeds from the licence which people take to make immoderate applauses in the Theatres
the thirst of revenge which seldome declares it selfe in plaine colours untill a jealousie conceived of personall danger breake out into desperate resolutions Henâ—â— comes it to passe that when one malecontented member is grieved the rest of the body is sensible thereof If Conspirators have one sympathy of minde the conspiracy is never sufficiently suppressed so long as one of them remaineth Neither can a Jesuit or a Priest be cut off without a generall murmuring of their followers which being confident in their number secretly arme for opposition or confirmed with their Martyrs blood as they are perswaded resolve by patience and sufferance to glorifie their cause and merit heaven Doe we not daily see it is easier to confront a private enemy then a society or corporative and that the hatred of a State is more mortall then the spleene of a Monarchy Therefore except it be demonstrated that the whole Romane City which consists not of one brood Opinion setled in a multitude is like Hidras head which must be cured by fearing not by letting blood but of a succession of persons may be cut off at the first stroke as one entire head I see no cause to thinke our State secured by sitting on the skirts of some few Seminaries leaving in the meane time a multitude of snarlers abroad who only shew their teeth but waite for opportunity to bite fiercely I will not deny but whom we feare we commonly hate provided alwaies that no merit hath interceded a reconciliation For there is a great difference betwixt hatred conceived against him that will take the life and him that may justly doe it and yet in clemency forbeares to put it in effect for the latter breedeth a reverent awe Clemency is a divine justice and worketh supernaturall effects whereas the former subjects to servile feare alwaies accompanied with desire of innovation And though it hath been affirmed of the Church of Rome Quod pontificum genus semper crudele Neverthelesse out of charity let us hope that all devils are not so black as they are painted Gorticus axiom polit some or perhaps many of them there are whom conscience or in default thereof pure shame of the world will constraine to confesse that his Majesty most gratiously distinguisheth the throne of Popery from the active part thereof as being naturally inclined Parvis peccatis veniam magnis securitatem Tacit. in vita Agricalae poena semper sed poenitentia aliquando contentum esse Mistaking of punishment legally inflicted commonly proceeds from fond pitty and the interest which we have in the same cause both which beget blinde partiality When traitors in mifchiefes will not choose the least it argues they are desperate and breathe nothing but extremity of mischiefe Admit then that the Papall side affecting merit by compassion may be nearely touched with the restraint of their Seminaries I cannot be denied I hope except they had the hearts of Tigers that in humanity they will prefer their ease of durance before the rigor of death And albeit that Parsons Bellarmine and the Pope himselfe constraine their spirituall children to thrust their fingers into the fire by refusing the Oath of Alleagiance Notwithstanding we have many Courts Judiciall testimonies and printed Bookes that the greater part of them are of the. The bane hunters minde who would have rather seen his dogs cruell acts then have felt them to his owne cost Garnet himselfe also in one of his secret It was a precept of Machivell to put on the maske of religion which is now become a popish aphâ—risme Letters laments that after his death he should not be extolled amongst the Martyrs because that no matters of Religion were objected against him yet in his demeanors it plainly appeared that he would gladly have had the possibility of that glory if any such had remained neither is it to be presumed that being in prison he would ever have conceived that we durst not to touch his reverence or that the Law was remisse that had justly condemned him and left his life to the Kings mercy It is the distance of the place So it pleased Parsons to cavill of whom it may be truly said Malus malum peiorem peiorem esse vult sus similem not Parsons that interpreted the sending over the Seas of their Priests to be a greater argument of their innocency than of his Majesties forbearance for had Parsons himselfe been Coram nobis his song would rather have been of mercy than justice It is truly said that we are instructed better by examples than precepts Therefore if the Lawes printed and enditements recorded cannot controlle the calumniations of 2023. of that back-biting number I doubt not but that the question may be readily decided Namque immedicabile vulnus Esse recidendum est ne pars syncera trabatur To dally with pragmaticall Papists especially those that by their examples and counsels pervert his Majesties subjects To bestow benefits on the bad maketh them worse and vilifies the reward to the vertuous I hold it a point of meere injustice for what comfort may the good expect when the bad are by connivency freed to speake what they list and emboldened to put their disloyall thoughts in execution For example therefore of my meaning it is necessary to have regard to the nature of the Kings liege people that are to be reformed to the example of justice and other forreiners who will they nill they must be observers of our actions It hath truly been observed that the Nations of Europe which are most remote from Rome are more superstitiously inclined to the dregs of that place then the nearer neighbours of Italy whether the humor proceed from the complexion of the Northerne bodies which is naturally inclined to old custome more than Southerne regions Or that the vices of the City seated on seven hills are by crafty Ministers of that Sea concealed from the vulgar sorts I list not now to discusse but most certaine it is that the people of this Isle exceed the Romanes in zeale of their profession insomuch that in Rome it selfe I have heard the English fugitives tasked by the name of Pischia petti Inglisi Knock-breasts hypocrites Now as our countrimen tooke surer hold of Papall traditions from others so are they naturally better fortified with a courage to endure death for the maintenance of the cause For this Climate is of that temperature out of which Vigetius holds it fittest to choose a valiant soldier where the heart finding it self provided of plenty of blood to sustaine sudden defects it is not so soon apprehensive of death or danger Valour is overcome by meeknesse but being too much suppressed turnes to unbridled fury as where the store-house of blood being small every hazzard maketh pale cheekes and trembling hands Angli say ancient writers bello in trepidi nec mortis sensu deterrentur And thereupon Botero the Italian beares witnesse in
sure guard to keep them then the forenamed forfeitures that by the justice of the Law may be collected which course if ever it come happily to be entertained and that Recusants cease to be an ignominious prey to the subject the proceeding for Religion shall be lesse blamed and perhaps altogether unjustly accused by any Gretserus or Cacodemon Johannes their pens being tincted in Gall or Vineger For beside occasion of calumniation given by suites of that nature Service done for the Kings proper use hath his warrant and couÌ„tenance but wheÌ„ a private man hath the gaine neither reward nor bearing out can be expected and by consequence Recusants are free it is evident that many are Recusants that would be indited for the King and for the effecting the project aforesaid shall escape without punishment and be borne out against the power of a private person begging then to no other purpose then hath before been used And albeit the penalty be raised and rated at twenty pounds a moneth yet was it never the Law-makers intent that such as were not able to pay so great a summe should goe scot-free but rather according to the proportion of their ability they should doe the penance of their parts for their disobedience A poore man saith one is to be pittied if he offend through necessity but if he doe amisse voluntarily he is to be punished severely because wanting friends and means he shews his fault comes from presumption Let us now suppose that the whole regiment of Jesuits and Seminaries were lodged in safe custody may we then perswade our selves that Popery will vanish like a dumbe shew I am fully resolved Medicines that work in the spirits of men are of greater force and cure more surely than plaisters that though it receive a great eclipse notwithstanding without the helpes the kingdome of Antichrist will only be hidden as a weed that seemes withered in other winter and is ready to sprout out again with the spring Temporall armes are remedies for a time but the spirituall sword is permanent in operation and by an invisible blow works more than mortall man can imagine The word of God caries the two-edged weapon in its mouth which is to be used by faithfull Ministers in the Church whom pure zeale without respect to worldly promotions or persons ought to encourage Of Judges the Scripture saith Estote fortes and daily we see that sitting in their judiciall seats God inspireth them with greater courage then when as private men they are to give their opinions No lesse is the power of the holy Ghost in his servants that out of the Pulpit are to deliver his Embassage Let them not therefore be dismaid to speake out plainly and tell the truth without running the middle course Such is the interpreter of the minde therfore who useth in divine matters to speak reservedly and in a double sence he will be suspected to have a double heart and unfit to teach them that trust him not betwixt heat and cold unprofitably descanting upon the Scriptures with an old postell or for want of better matter waste the short time shut up in an houre glasse with skirmishing against the worthy Pillars of our owne profession Rumor which is over-ready to take hold of evill hath 〈◊〉 a secret thought I hope a causlesse suspiâ—â—â—â— that there should be some combination undersâ—â—â—d by changing the States of questions to put us in our olde dayes to learne a new Catechisme 〈◊〉 and when they have brought us out of conceit with the reverent awfulnesse of the word to use us then as the Wolves mentioned in Dâ—mosthenes Apology handled the shepheards when they had delivered up their dogs Most sacred was the speech of our late gracious King concerning Vorstius He that will speake of Canaan let him speake the language of Canaan How can we draw others to our Church if we cannot agree where or how to lay our foundation or how to cleanse the leprous disease of dissention which the Papists most doubtfull of their salvation are not ashamed to ascribe to many of us I would not have Ministers undiscreet like dogs to bark at all whether they know or know them not I like better the opinion of Aristotle who advised those that stood in guard of a place to be curst only to such as are about to endamage the City A good pastor is the physitian of the soule and ought to apply his doctrine according to the tendernesse of the conscience for want of which discretion some mens zeale hath done hurt If Pursevants and other civill Officers would learne to keep this rule they might goe about their businesse with much more credit The imagined feare of inviting the Romish factions by force to deliver their ghostly Fathers out of prison moves not me a whit For I cannot beleeve that they esteeme them at so great a price that they would runne the hazzard of freeing others out of hold to put themselves into their places Some will say that a man of straw is a head good enough for a discontented multitude That the Papists are cholerick False miracles and lying news are the food of superstition which by credulity deludeth ignorant people appeares by their writings yet it hath pleased God to send those curst Cowes short hornes that when they could not finde a man of mischiefe to serve their turnes they were faine to doe homage to Garnets straw forgetfull as they were that such stubble cannot indure the triall of the fire But to us that ought to be doers as well as professors of the Gospell let this remaine as a memorable Theoreme That religion is the mother of good order good order is the cause of prosperate fortune and happy successe in all counsels and enterprises Wherefore in what state soever there wants good order it is evident that religion goeth backwards I have ever held it for a kinde of injustice to omit the execution of meane Lawes made to pervert the effect of idlenesse and then to apply many extremities of the sword when the habit of that vice comes to height No lesse is the course uncharitable with pardon of presumption be it spoken when we spare them that have no religion at all and censure those that give account of somewhat tending to the purpose He that is in misery must be borne withall if he speake miserably and when the childe from the mothers breasts have suckt nothing but Popery a man had need to be angry with discretion if he heare him speake with the voice of a Priest God calls some by miracles but the ordinary means is the word if that meanes in any place of this Land be wanting of what religion will the people likeliest be I suppose that few men will deny my assertion That outward sense will direct them to Popery which is fuller of Pageants than spirituall doctrine And what 's the cause that after so many yeares preaching of the Gospell the common
The broachers of a bad cause being touched in conscience at first move slowly but if they prevaile they grow tyrannous beyond measure when as by arrogating that immunity without controlment in the presence of their governours and perceiving the Nobility to joyne with them in the same passions they thought their heads as worthy to governe as any of those that were made out of the selfe-same mould In like manner while we suffer ignorance to maintaine such pretty glimpses of Popery as are thought to be scarce worthy to be looked at and in small matters runne an indifferent course which neither make sure friends nor feeble foes unawares they take the bridle from us and eate our Religion as it were by an insensible Gangrene Principiis obsta c. For by sufferance of breaking smaller Lawes people are emboldened to set the greater at nought To comprehend all things in a Law that are necessary I neither hold it profitable nor expedient yet it is discretion to provide for the most important smaller matters whereof the Law speakes not they are to be commended to the discretion of Parents Masters and other reverend persons who by example and advise may prepare younglings by education and custome to obey the Lawes especially such as are in high places Most men will affect to bee such as the highest do most trust and favour ought in this behalfe to be like Caesars wife Non solum crimine sed etiam criminis suspitione vacare and with circumspection to behave themselves that the world may conceive in requiring obedience to God and their Soveraigne that they hold the multitude rather as companions then slaves A great man is an Idoll in the eyes of the people and drawes many to imitate his actions If great men take another way they may seduce many by example though by words they expresse not their conceived opinions Tace eloquere saith God to Moses it is the speech of the heart which utters more the Letters or Syllables And in our Court of Justice it is holden even dangerous when a great person only by his presence countenances a cause Neither let us secure our selves with this argument the Papists are pliable in some matters and therefore they will yeeld in great And because they tooke no armes in 88. it were needlesse curiosity to suspect them now for who knowes not that smallest baites are used to take the greatest fish Vtâ—cum escâ unâ etiam humus devoratur Warinesse is the sinew of Wisdome and nothing is more dangerous than to be secure in matters of State Therefore concerning Lawes already made I wish that the most effectuall of them which least concerne life may be executed for better it were not to make them Few Laws well executed are better then many than by neglect to set them at liberty seeing that many offences there bee which many would abstaine from if they were not forbidden but when a strict Commandement is avoided without punishment thereout springs an unbridled licence to be hardly reformed by any rigour To conclude I say freely he that endeth his dayes by a naturall death hee shall bee subject to receive many doomes for every particular offence but when for Religions sake a man trampleth over the Sword that eminent Vertue it may be avouched chaseth out the memory of other errours and placeth him that so dyeth in Paradise of common opinion which glory having many followers and admirers maketh even dull spirits to affect their footsteps A crowne of glory once attained hath power to dispence with former faults and so sell their lives for the maintenance of the same cause I need not to envy the name of a Martyr to a Jesuite for his cause if it bee rightly weighed will banish that title but I desire to have all those lineaments defaced which may compound that counterfeit Image In prosecution of which purpose if I have failed in mine advise and by confused handling obscured the Question I humbly request that wise mens verdicts may mitigate the heavinesse of the doome It is neither good to praise bad counsels because of their good successe Hee counsels best that prefers the cause of God and the common-wealth before any particular nor to condemne good counsell if the end prove not fortunate lest many be animated to advise rashly and others disheartened to advise gravely FINIS