been perverted by dissolution of Life and Heresie they have brought her into more misery infamy and confusion within the compass of few years than all other Christian Kingdoms round about us together Wherefore the principal help and hope next under God which our poor afflicted Country hath or may have of her redress is by means of her good Catholick Prince that God of his Mercy shall vouchsafe to give us who also considering the great work whereunto he is called shall in no wise be able better to satisfie his Obligation and Duty to God and the Expectation of all good Men and to assure his own Possession and Estate than to make account that the security of himself his Crown and Successor dependeth principally of the assurance and good establishment of the Catholick Roman Religion within his Kingdom and whatsoever is done or permitted against this Religion is not only against Jesus Christ our Saviour and his Spouse his Catholick Church but also against every Catholick Prince as his supream Minister and much more against the King of England as things do now stand both for Religion and Estate First of all then is to be recommended with all humility and earnest suit unto his Majesty that shall be established the singular care and holy zeal of restoring perfectly the Catholick Religion in our Realm and to employ his whole endeavour and authority therein and to concur and assist with his Princely favour and special Protection all such Men as principally shall labour therein and above other the Council of Reformation the Prelates Preachers and Clergy of his Realm and by example of his own Royal Person in frequenting the Holy Sacraments and other pious Actions of Religion and Devotion to animate all other his Subjects and foreign Princes also and Countries about him to whom he will in these our times be a remarkable mirrour to imitate the same and this for his own Person But concerning his Majesty's Council both in Spiritual and Temporal affairs it will import also exceeding much that he make choice of fit and worthy persons And for the first which is in matters concerning conscience the pious custom of some Catholick Kings and namely those of Portugal in times past is greatly to be commended who besides their Temporal Council had also another of learned Spiritual Men named the Table of Conscience in taking any thing in hand and execution of the same And for this Council they were wont to make choice as I have said of some number of eminent and learned Men and also notorious for their Piety and good Consciences whether they were of Religious Orders or no and the head or chief of these commonly the King 's own Confessor who might with more security by council and assistance of these able Men direct the King's mind with safety of Conscience And whatsoever Prince shall take this course no doubt but he shall find great help light comfort security and quietness of Mind thereby And as for the World abroad it must needs be a singular great justification of all his acts intention and attempts in the eyes and tongues of all Men seeing he doth them by the direction of so irreprehensible a Consultation His Temporal Council shall be needful to be made with great choice and deliberation especially at the beginning in England for that if any one person thereof should be either infected with Heresie or justly suspected or not fervent nor forward in the Catholick Religion and in the Reformation necessary to be made for good establishment of the same it would be to the great prejudice of the cause and of his Majesty and Realm And seeing Heresie and Hereticks could be so vigilant for overthrowing of true Religion at the beginning of this Queen's Reign as they admitted no one Man to govern whom they might suspect to favour true-Religion how much more zealous and jealous ought our new Catholick Prince to be in excluding from his Privy Council and other places of chief charge and government not only Men known or justly feared to be favourers of Heresie and Hereticks that will never be secure to God or his Majesty but also â—old and doubtful professors of Catholick Religion until they be proved by long tract of time And seeing that his Majesty shall have so great choice at that day of approved constant Catholicks within the Realm as never was seen the like since our first Conversion who have suffered so constantly at the hands of Hereticks in these Persecutions it is to be hoped and expected that his Majesty will serve himself first and chiefly of these men above all others according to their merits and after these of such other known Catholicks as albeit God gave them not fortitude and constancy to suffer so much as the others did for Religion yet were they ever secret favourers and never Persecutors or open Enemies to the truth It is to be commended with like submission and instance to his Majesty that after he shall have taken the Crown upon him and embraced this Realm as his loving Spouse he will confirm first of all the Laws Customs Priviledges Dignities and Liberties of the same and to take away all such burdens servitudes and unjust oppressions as have been any way laid upon us in former times but since the entrance of Heresie And as this is to be done to all the Realm as to the Nobility and to the Commonalty so principally and above others it is reason that it should be performed to the Church and Clergy-men who beyond all others have been injured in these latter times so that at the least it will be just that the Church of England be restored to the same state of Priviledges Possessions Dignities and Exemptions wherein it was when King Henry the Eighth began to Reign And for that the external face and material part of our Churches hath been so much defaced spoiled and broken down by King Henry the Eighth and his Children as all the World seeth it will be one principal part of our new King's Piety and Religion to concur effectually to the rebuilding and restoring of the same again by the means touched by me before of that moderate and temperate manner of restitution whereof I have spoken largely in the First Part of this Memorial And it is to be hoped that his Majesty will be the first and most fervent fartherer of the same according to the Holy Obligation Vow and Offer that he will make to Almighty God for that Heroical enterprise to his eternal honour and infinite benefit and beautifying of our Commonwealth Which sound Foundation of Religion and Piety being once laid it may be suggested to his Majesty with like sollicitude touching the execution of Justice to all Men with indifferency which is the principal point of a true Catholick Prince's Office next after God and Religion and is so much the more necessarily to be looked to now in England after so long
wâ— taken all ways were tryed and some very mean ones 〈◊〉 was forc'd to be for so I cannot but in compaâ—â—â— word it Ungrateful to his best Friends to turn all the Honest Nobility and Gentry of the Nation out of all Commissions of Trust or Profit to discard his two Brothers who had been so faithful to his Interest in the worst of times and serviceable to him at all times to snatch away Charters to regulate and model them by thrusting out honest substantial Men and filling their Places with the Vilest and Off-scouring of all places for so I must look upon all those Protestants to be though they have wiped their Mouth since that would engage to chuse such Parliament men as would take off the Penal Laws and Test to undertake the mean Office himself of closetting Nobility and Gentry and yet all would not do he and our Jesuit were equally mistaken he could not get a Parliament to his Mind CHAP. III. How this Reformation may best be procured and what Disposition of Minds is needful for it in all Parties FOR that the grace and good Motion to take in hand and to go through with so great a work as is this desired Reformation must come from Heaven therefore the first sure step unto it must be by 3 the true reconciliation of the Realm unto God and to his Church and as the first of these two proceedeth so will the second and for that the first was hudled up in Queen Mary's Days I mean the Reconciliation by a certain general Absolution only without due search and consideration of what had been committed or what satisfaction was to be made to God and Man so was the other shuffled up with like negligence and only the external part was plastered without remedying the Root the renewing the Spirit which should have been the ground of all many Priests that had fallen and married in King Edward's Days were admitted presently to the Altar without other satisfaction than only to send their Concubines out of Men's sight and of some it is thought they did not so much as confess themselves before they said Mass again Others that had preached against Catholicks were admitted presently to preach for them and others that had been Visitors and Commissioners against us were made Commissioners against the Protestants and in this Queen's time were Commissioners again of the other side against ours so as the matter went as a Stage-Play where Men do change their Persons and Parts without changing their Minds or Affection many or rather all that had Abby-Lands the good Queen Mary herself and some very few others excepted remained with the same as with a prey well gotten and he that was most scrupulous would but send for a Bull of Toleration to Rome upon false Information to the end that he might not be troubled and with this he thought himself safe in Conscience and bound to no more yea he was taken for a great Catholick that would so much as ask for a Bull. And matters passing in this manner who will wonder that the Benefit of Religion remained so little a while or that the second scourge of Heresie hath been so sharp and heavy since as we have proved To amend the error the way must be that our Reconciliation and turning to Almighty God be True Sincere Hearty and as it ought to be with Sorrow and Contrition for what is past and with full purpose of amendment for the time to come and to do that satisfaction both to God and Man that shall be thought necessary and lyeth in us conveniently to perform for without this disposition the matter goeth not well This is necessary to be performed both by Clergy and Laity and the more sincerely this business is wrought the more permanent will it be It will import also greatly and is to be procured by all good means possible That these two principal Members of our Commonwealth I mean the Clergy and Temporalty do joyn and unite themselves well in this greatest Action of all others for the good and re-establishing of Religion and Piety in the Realm and so much the more carefully is this to be sought for at this time for that it is very probably presumed that one principal cause of their ruine hath been the Emulation and Disunion of these two Estates in England which ordinarily is wont to follow where Spirit and Charity waxeth cold But now both Parties having tasted the smart of this error and seen the deceit of the Devil therein they may the easier be brought to detest it and to note for wicked Men and devilish Instruments all such as any ways shall be known to favour enkindle or nourish that Division And the best means to settle this Union substantially and form the heart will be for each Party with all Indifferency to consider not only the harms that have and will ensue by this disunion to both sides but also and principally how necessary and profitable the one of these two Members is to the other as namely the Clergy to the Laity for Direction of their Souls which without them must needs perish and the Temporalty to the Ecclesiastical for their defence and maintenance so as the one without the other cannot stand and God his Holy Ordination is that both should joyn together in his Church and one part help the other to his service and to the attaining of Heaven and Eternal Salvation And for that the Frailty of Man is great and prone to fall into Emulation and Contention as brittle Vessels to use the Comparison of St. Austin that knock out one the others sides great heed is to be taken as much as may be at the very beginning of this our Reformation to remove all occasions that are wont to breed strife and breach between the Clergy and Laity as namely about Jurisdiction Possessions Revenues Duties Prerogatives Exemptions and the like all which are to be settled with consent and good liking of all Parties as near as may be and that which is said of this may be understood also of taking away all occasions of jarrs and disagreeing between Bishops and their Chapters Religious Men and Priests one Order of Religion with another and such like Persons or Communities of divers States Condition or Habit in whom the Law of Charity and True Zeal of God's Service and help of our Country ought to prevail more especially at this time than any Passion humane infirmity or particular respect whatsoever This mutual Concord and hearty good will being once well settled between the Clergy and Temporalty it will be a great Foundation for all good effects to follow especially if both parties do rectifie also their Intentions in this great Action as they ought to do to desire nothing but God's Glory and this without any evil affection towards any of Envy Malice Revenge or the like and without respect of particular interest And for that there will be two sorts of People to be dealt
or elsewhere I shall say to the more mature judgment of them which at the wished day shall be able to judge better ex re praesenti and determine the Cause There remaineth to say a word or two of the best ways how to Convert Hereticks to the Catholick Faith whose Souls we ought to thirst and seek for above all other things of the World And first of all there is no doubt but that the chiefest and most principal means will be to give the battery to the Judgments and Understandings though to gain first their good wills and affections by the Clemency before mentioned and other Points that after shall be touched will be a great Disposition and entrance to the same But for convincing of their understandings in matters of Controversie I would wish that a plain contrary course were taken of us towards them for that which they have used towards us seeing that our cause doth bear it which is of contrary State and Condition to theirs For whereas their cause being false g they would never consent to come to any indifferent Trial or Disputation with the Catholicks I would wish that seeing our Cause is true and substantial and the more it is tried the more it will appear that once at least at the beginning full satisfaction were given by English Catholicks to those and all other Hereticks of the World by as full free equal and liberal Disputation as possibly could be devised within our Realm and this in London Oxford Cambridge or some other fit place where all the Heads of Heresies might most conveniently have recourse and the particular Circumstances which for the present do offer themselves to me for the profitable performance of this enterprise are these that follow other Men at that time will easily invent better That sufficient warrant and warning be given to all sides to prepare themselves That the Hereticks do chuse three or four of their most learned Men to dispute and answer and one other to be President and another to be Notary and that the like must be assigned of the Catholick Party for this Tryal and that all be prepared for a certain day upon the particular Controversies that may be appointed and all kind of Books allowed them to their contentment There may be two high Seats Stages or Scaffolds appointed so as all may hear and see and on the one may sit the forenamed three or four Disputers of the one side together with their Furniture of Books about them and so on the other side may be placed the Catholick Party and in equal distance between them both may sit the two Presidents of the Disputation with the two Notaries and commodious Room left for all the lookers on to behold and hear The first day may Argue or Dispute the one side upon the Controversie that shall be set up publickly and be known the day before and the other part may defend and answer and so interchangeably the next day may answer and defend the other side that argued the day before and upon the very same Doubt or Controversie so as the ability of both sides in opposing and answering in the same thing shall be seen which the Protestants never durst permit to Father Campion and his Company in their feigned Disputations nor yet to give them Books or time to prepare themselves whereas all the contrary must be performed by ours The manner of arguing and answering may be that one of the three or four Disputers for each side be appointed to be Proloquutor of the rest for that day and that he only do speak and be bound to answer and argue in form of School and that others that be his assistants do not interrupt him but let him speak alone until he have proposed his Argument or Answer wholly and repeated the same and whether his assistants do allow the same without adding or altering and saying yea the two Notaries shall agree upon the writing and then shall the other part answer or reply and having ended to speak in form of School the like shall be used in asking his assistants whether they be content and satisfied with that he setteth down And thus though the Arguments will go something slowly forward yet in the end will great substance be drawn out of this bolting for that the one Party or the other will come quickly to a plain exigent and to have no more to say but only words which will be easily discerned by all that are present for that although the formal Speech of Disputations must be in Latin yet may all be so easily declared as few men of understanding will be present that will not understand the substance of all And for the two Presidents or Moderators though they be of different Religion yet their Offices being only to speak when need is and to hold peace and to make the Arguments and Answers to be well understood only on both sides it may be thought they will pass well enough for the purpose that is pretended especially if there be another person of higher authority placed there by the Prince as there ought to be who may cause each Party to do their Office and Function with Modesty Peace and Edification and remove away without remission whosoever should fall into disorder of words and command now and then the two Notaries or one of them at one time and the other at another to read out aloud the Arguments Answer Reply or Distinction that hath been given and at the end of every day to recite all that hath been spoken that day and this with the consent of both Presidents and of all six Disputers And if there be but one Week bestowed in this Work with these and the like circumstances and at last all these Disputations publickly shewed in Print for the satisfaction of such as could not be present and that all circumstances be declared how and when by whom and in what order they were done I am of Opinion it would break wholly the credit of all Heresies in England and that afterwards few Books would be needful on our part as in truth it were to be wished that few or none were written in the Vulgar Tongue against Hereticks but rather that Books of Devotion and vertuous Life should enter in their place and the memory dye of the other Wranglings And the like course also may be taken by Preachers in their Sermons which by little and little were to be freed from all mention of Heresies to the end the People of God might come again to their old peace of Mind and attention only of good Works and Christian Vertues And this is so much as I have thought good to advertise about this manner of g publick Disputation which hath been often asked by the Catholicks at the Protestants hands and could never be obtained and no marvel for as Christ saith Omnis qui malè agit odit lucem non venit ad Lucem ne arguantur opera ejus but
began to be Christians and to subject themselves also to this Spiritual Government and Jurisdiction of Souls and to be Sheep of these Spiritual Pastors among the rest they were admitted without detriment or diminution of their Temporal State and Government so far forth as it concerned the Temporal good of the Commonwealth which is Peace Wealth Justice and the like but yet so as they should not meddle or challenge power in the Spiritual Jurisdiction of Souls but be subject therein and leave that Government to Clergy-men and Spiritual Governors appointed by Christ and put in authority for that purpose long before Temporal Princes came to be converted as hath been declared And therefore came the distinction of Spiritual Governors and Temporal Governors of Clergy-men and Lay-men of Christian Pastors and Christian Sheep in which number of Christian Sheep and Subjects all Princes of the World are to be accounted in respect of their Souls and in all points appertaining thereunto and in respect of their Spiritual Pastors And albeit here in this life among Flesh and Blood where matters of this World and Life present are more respected commonly being present and the object to our Senses than Spiritual matters are of the life to come which are not seen but believed only though I say the external shew power and terror of Temporal Princes be much more respected reverenced and feared than is the authority of Priesthood or Jurisdiction of Spiritual Governors yet in themselves there is no comparison as by the reasons before alledged doth evidently appear but that the authority of Priesthood is much more great high and worthy and more principal and ancient in the Church of Christ for that it was before the other many Years and is over and above the other and that so far forth as St. Paul in his first Epistle and fourth Chapter to the Corinthians hath these words If you have secular Judgments among you appoint for Judges the contemptible that be in the Church of Christ for that function which yet I speak saith he to your shame for that none of the wiser sort among you do end or take up these temporal strifes but one Christian accuseth another and that before secular Tribunals even of Infidel Princes Christ himself when he was requested to judge between two Brothers in a Temporal matter he refused the same as also fled when the People would have made him a Temporal King and finally he said his Kingdom was not of this World which was not to disallow or contemn Judgment or Temporal authority of this World or that he was not in truth most lawful King also of this World being the Judge Author and Creator thereof but all this was to shew the small account he made of all this Temporal power in respect of the power Spiritual over Souls which properly he came to exercise and to plant and settle in the Church after him unto which all Kings and Emperors that would be saved should subject themselves and their Sceptres as we read that our Great Constantine before named and first Christian Emperor of the World did and after him the most renouned of the rest as Valentinian the two Theodosius's Justinian Charles the great and others in the occasions that were offered did humble themselves unto their Pastors and Governors of Christ's Church shewing themselves thereby to be the true Nurses and Foster-Fathers of Christ's Church which Isaiah the Prophet had foretold should come and succeed in Temporal Christian Kingdoms and Monarchies And yet by this did they not lose or diminish one jot of Temporal authority height or Majesty but rather did greatly confirm and increase the same for that Spiritual Pastors and Governors of Souls do teach and command all due reverence and obedience to be done in Temporal matters to Temporal Princes and do exhibit the same also themselves and do punish the contrary by Spiritual and everlasting punishments as well as by the Temporal upon such as are wicked or rebellious therein so as both these Governments joyned together in a Christian Commonwealth and one not disdaining or emulating the other but honouring rather respecting and assisting the same all goeth well both for the Temporal and everlasting felicity of all And such as do set division betwixt these two States are very Instruments of Sathan such as are the Hereticks Politicks Atheists and other seditious People of our days And for that in no other Country of the World whilest ours flourished hath there been more union love honour and respect born betwixt these two Orders of Spiritual and Temporal Men than in England as may appear even to this day by the many Temporal Honours Prerogatives and Dignities given to our Clergy in the Parliament and other Temporal affairs and that the Emulation and breach between the same enkindled and set on by the Devil and wicked Men hath been a principal cause of the ruine both to Country and both Parts that were Catholick in times past as hath been said and seen for this cause I thought it not amiss to speak somewhat more largely of the matter in this place and by this occasion having mentioned the same in divers other places of this Memorial before as a matter of no small importance to be throughly remedied and reformed at the next change if God say Amen which remedy will be if the Clergy considering their high Vocation and Estate be not proud thereof nor ambitious but endeavour to conform their lives to so great worthiness of their Profession And if Lay-men on the other side considering the very same to wit the dignity and reverence due to such as have Jurisdiction and Government over their Souls and must open and shut the Gates of Heaven unto them do not malign and envy their Estate as miserable Chore Dathan and Abiron did but do seek rather to profit themselves thereby and willingly joyn with them to the procuring their own and other Men's Salvations And this is so much as is needful to be spoken in this place of the Laity or Temporalty in general for that afterward there will be place to speak of all particularities that shall occur in the several Chapters that shall ensue CHAP. II. Of the Prince and his Council and matters belonging to them AS the Prince in every Commonwealth is the Head and Heart from whence all life and vigour principally cometh unto the same so above all other things is it of importance that he be well affected and disposed and so much the more in England above other Countries by how much greater and eminent his authority is and power with the People more than in divers other places by which means it hath come to pass that England having had more store of holy Kings in ancient times than many other Countries together came to have Religion and Piety more abundantly settled by their means than divers Realms about them and on the contrary side her Kings and Princes of later years having
him in the Protestant Religion for which he was afterwards when he was College-Bursar so very zealous that he changed a great many old Books and Manuscripts for Protestant Books and did first put Protestant Writers into their College-Library and after his disgraceful putting out of the College when an old Friend of his a Gentleman of the Inner Temple declared to him that he had doubts concerning his Religion he did not only protest to the Gentleman but offered to take his Oath upon it That he was no Papist nor did ever intend to be Others will have his turning out of his Fellowship to be occasioned by his being a turbulent and lewd Man guilty of Forgery and Knavery and such-like crimes as made him unfit for a Society and Dr. Bagshaw who had been of the same College and afterwards turned Papist also and became a Seminary Priest affirms that he was accused of falsifying his College-Accounts by Stancliffe his Brother Bursar and this is often objected to him by the Secular Priests who have treated him with severity enough though not with more than his Pranks after he became a Jesuit did deserve Others assign other reasons of his being discharged the College but to set aside at once the reasons offered by his Brethren the Jesuits and those objected by his severer Adversaries the Secular Priests the matter may be truly decided by the Testimonies of two unexceptionable Witnesses who both knew him and one of them was Fellow of the same College with Persons Archbishop Abbot and Mr. Camden the Historian the Archbishop hath written a large Letter about this very business which I shall transcribe hither out of Mr. Foulis who says he did transcribe it from the Original with the marginal Notes upon it To my worshipful loving Friend Mr. Dr. Hussye at Mr. Haiden's House who dwelleth at the Sign of the Tunn in Watlingstreet give these YOU write unto me to know what is in record any way against Mr. Parsons and I return you here inclosed word for word so much as is in the Register of Baliol College In the Resignation as you may see he had written sponte coactus but now it is sponte non coactus being blotted out and non being set over Which I am deceived if it be not altered by some body else of late in as much as I am verily perswaded that since my coming to the College I have seen it sponte coactus which although it carry a Contradiction yet intimateth that he resigned against his will The particular reasons whereof no Man can tell better than Dr. Turner now dwelling in Fetter-lane or Dr. Hide of Sarum for as I take it they were both present at his removing The causes and manner of his giving over as far as I could ever comprehend were these Bagshaw being a smart young man and one who thought his penny good Silver after that he had his Grace to be Batchelor of Arts was with some despight swindged by Parsons being Dean of the College hoc manet alta mente repostum And Bagshaw afterward coming to be Fellow was most hot in Persecution against Parsons It was the more forwarded by Dr. Squire 's displeasure who was then Master of Baliol College and thought himself to have been much bitten by vile Libels the Author whereof he conceived Parsons to be who in truth was a Man at that time wonderfully given to scoffing and that with bitterness which also was the cause that none of the company loved him Now Dr. Squire and Bagshaw being desirous of some occasion to trim him this fell out in the year 1572. Parsons had been Bursar and being joyn'd in Office with one Stancliff a very simple fellow he took the advantage of the weakness of his Colleague and falsified the Reckonings much to the damage of the College as also deeply polling the Commoners Names whereof there was store in the College and withal not sparing his own Scholars by all which means it was thought that he had purloin'd one hundred Marks His Office expired at St. Luke's Tide there were some that between that and February 1573. scanned over the Books being moved thereunto by the secret complaints of some of the Commoners their Scholars and finding it apparent as also being now certified that he was a Bastard whereas it is the first quality there required by Statute that every Fellow should be Legitimo Thoro natus they proceeded to have his Expulsion solemnly Where by the way you may add that Parsons was not of the best fame concerning Incontinency as I have heard some say who lived in Oxon at that time but whether that were then objected against him I have not heard Parsons being put to this push in the College-Chapel and ways sufficient concurring to expel him and in truth no Man standing for him maketh humble request That he might be suffered to resign which with some a-do was yielded to him and then he wrote as you have here inclosed Afterwards before the Assembly broke up he intreated that his giving over might be concealed by reason that it would be disgraceful unto him with all Men but especially with his Scholars and their Friends and for these causes humbly prayed that he might keep his Scholars Chamber c. and be reputed as a Fellow in the House the matter being concealed from all the Boys and the younger sort in the House which then in words was yielded unto and that other Decree which now you see razed was enacted for the time but afterwards was soon crossed as you may behold And soon after their coming out of the Chappel by Bagshaw's means a Peal of Bells was rung at Magdalen Parish-Church being the Parish wherein Baliol College standeth the reason of which ringing as it was imparted to some few to be to ring out Mr. Parsons so generally it was not known to the World or in the College which gave occasion to this farther Jest. When Parson 's was Expell'd he was one of the Deans of the Colledge and so by his Place was to keep Corrections in the Hall on the Saturdays The next time therefore of Corrections which was the day of Parsons his Exclusion or soon after Dr. Squire causeth Parsons to go into the Hall as Dean and to call the Book and Roll c. And then cometh Dr. Squire himself in and as if it had been in kindness to countenance him but in truth more profoundly to deride him he calleth him at every word Mr. Dean and desireth him often to have a strict care to the good government of the Youth and not only for a fit but all the time of his year that he was to continue in Office Some of the Commoners knew all this Pageant and laught the more sweetly and Parsons in the end spied how he was scorned and nothing concealed nay understanding all his Knell which was rung out for him for very shame got him away to London and there not
very promising in those affairs and did not deceive their expectations being fierce and zealous in promoting their Cause He seems to have over-acted his part since he quickly drew upon himself no very favourable Opinion from the General of their Order who found him too turbulent busie and medling and therefore complain'd That he was more troubled with one English man meaning our Father Parsons than with all the rest of his Society He was however after having been but five years among them pitch'd upon to be one of the Jesuits that should be sent in their first Mission into England and perhaps his unquiet and boisterous temper might be the best reason their General had to send him away Cardinal Allen was the person that first motioned such a mission of Jesuits into England and named Father Parsons not only for one but to be the Superiour The picking out such a man does tell the World as plain as words themselves could what the true business was upon which these Jesuits were first sent into England The great pretence and what was published every where was that they were only sent into Christ's Vineyard to serve the necessities of the remaining Catholicks in England and to recover others from their Heresies and Schism but Cardinal Allen knew other things and another sort of a design a design that required such men as Father Parsons himself was Had their sending been only and purely about Spiritual matters and the Salvation of Souls of all men living he would not have singled out our Jesuit whom he lookt upon to be a man very violent and of an unquiet Spirit and therefore more likely to cause Breaches and Divisions than to heal them And therefore some people who were not let into the Secret were very much disturbed when they heard that Father Parsons was sending amongst them expecting no good but a great deal of mischief to all the Catholicks left in England from the management of such a violent not cholerick and domineering Superiour even Blackwel himself that was afterwards Arch-Priest and so much at Father Parson's Devotion bewailed the coming of Parsons into England to a Friend of his saying That the President at Rhemes meaning Dr. after Cardinal Allen played a very indiscreet part to send him hither as being an unfit man to be employed in the Causes of Religion And being asked by that Friend why Father Parsons was unmeet for that Employment his answer was because his casting out of Baliol College and other Articles and Matters depending upon it betwixt him and Dr. Squire then living were very likely to be renewed and so to work great discredit both to him and to the Catholick Cause And indeed one cannot but wonder how a man who had left England so lately and upon such very scandalous accounts should have the face not only to come but to put himself forward upon such an Employment It confirms the Character of Mr. Camden and others of him that he was a man of confident boldness but it does not prove either Policy or Discretion in hiâ—â— except he had brought himself to believe that the Absolution he got in the Church of Rome when he turn'd Apostate had bloâ—ted his false tricks and knavish pranks oâ— of all Peoples Memories as well as out of Heavens Records However to do them justice who were for sending him into England against all those complainers against him and them such a man as Father Parsons was necessary for such a work as he was sent hither upon and what that work was we shall hear very quickly He and Father Campian were appointed for this Mission and parted from Rome on the Sunday after Easter 1580. with the Pope's Benediction Their Dispatches were given them there before they set out by Everard Mercurianus the General of their Order which Morus in his History of this Mission makes to be in short some Commands about faithfully discharging their Ministerial Function and by no means either by Word or Writing to meddle with the Publick Affairs of the Kingdom of England I was very careful not to omit the putting down these dispatches for the two Jesuits according to Father Moor's â—â—count of them because I shall shew by and by how wonderfully these do agree with another dispatch which though Father Moor leave it out of his History I will not leave out of mine and with the Practices of both these Jesuits as soon as they were got into this Kingdom Father Moor tells us that the two Jesuits with their Companions took Geneva in their way from Rome and made a visit to Beza with whom they had some Conference but no victory it seems because the poor ignorant Man took the advantage of the shutting in of the Evening to break off the Discourse and to conceal his ignorance a piece of History this that Father Moor ought not to expect to be credited in by any Body that hath ever heard of learning or learned Men or by any one but a Jesuit and a Jesuit's Fellow First Parsons set sail from Calice the two Sparks being unwilling to venture two such Treasures in one Bottom after Midnight which was the properest time for such works of darkness as he wâ—â— going about and got safe to Canterbury as Campian acquaints their General in his Letter to Rome in the disguise of Soldier but so gaudy and so airy thâ—â— he must be a very nice Man that coâ—â— â—hen suspect or find Piety or Modesty under such a dress and mien ay or without that dress I dare add for who ever heard otherwise of Father Parson's Modesty or Piety either After this he got as safe to London where he stayed for his Companion Father Campiâ—n who likewise escaped the strict search that was made for them their Pictures as well as the time of their setting out from Rome being got into England before them I must leave these Jesuits in their disguises for a while and look back to the State Queen Elizabeth was in with the Bishops of Rome Pius Quartus had a mind to attempt her by fair speeches and to perswade her to submit her Sceptre to his Crosier by fair Promises for which purpose by his Agent Parpaglia he wrote a very â—mooth Letter unto her giving her assurance of every thing she could desire from him But Queen Elizabeth was too prudent to be caught by such a gilded bait or to part with her Supream Power for a few good Words and therefore would have nothing to do with the Bishops of Rome so that all this Pope's hopes of her were lost Pius Quintus seeing his Predecessor's mild ways unsuccessful resolved upon harsher methods and made it his chief business to contrive and encourage Plots against her and not content with this 〈◊〉 slow and unsuccessful way of destroying her he without giving warning or sending Admonition to her le ts fly his Bull of Excommunication and Deprivation against her and causes it by an impudent Wretch Felton to be
Considerations Anno Dom. 1601. which ought to put it down in their own words to move all true and sound Catholicks who are not wholly Jesuited to acknowledge without all Equivocations Ambiguities or Shiftings that the Proceedings of her Majesty and of the State with them Since the beginning of her Highnesses Reign have been hath Mild and Merciful And what they say here by way of Preface they prove more at large in their Book It cannot be deny'd say the Secular Priests but that for the first ten years of her Majesties Reign the State of Catholicks in England was tolerable and after a sort in some good quietness Such as for their Consciences were imprisoned in the beginning of her coming to the Crown were very kindly and mercifully used the State of things then considered Some of them were appointed to remâ—â—â— with such their Friends as they themselves made choice of Others were placed some with Bishops some with Deans and had their Diet at their Tables with such convenient Lodgings and Walks for their Recreation as did well content them They thâ— were in the ordinary Prisons had such liberty and other commodities as the places would afford not inconvenient for 〈◊〉 that were in their cases But that our Brethren of the more fiery and Jesuitial humour may not snuff here at we have thought it meet to cool their heat with some of Mr. Parsons and his fellow Master Creswel more gentle delays than are usual with them who in one of their Books do confess as much is effect as here we have set down if not more thus these Emperour-like Jesuits do speak to her Majesty In the beginning of thy Kingdom thou didst deal something more gently with Catholicks none were then urged by thee or pressed either to thy Sect or to the denial of their Faith All things indeed did seem to proceed in a far milder course no great complaints were heard of there were seen no extraordinary contentions or repugnancies Some there were that to please and gratifie you went to your Churches But when afterwards thou didst begin to wrong them c. And when was that our great Monsigneurs Surely whensoever it was to answer for you we our selves certain Catholicks of all sorts were the true causes of it Thus far have I been able to vindicate the beginning of Queen Eliz. Reign out of the Mouths of Romish Priests themselves and by their help out of our Jesuit's own Mouth who has the face notwithstanding in this Memorial to talk of Multitudes of their Martyrs For the Executions during the rest of her Reign let us but see in short what those Papists died for and we shall be far from believing them Martyrs whom the Jesuit falsly calls so and brags of in this Chapter This we may learn from the Pen of the same Secular Priests who thus conclude their Important Considerations We are fully perswaded in our Consciences and as men besides our Learning who have some Experience that if the Catholicks had never sought by indirect means to have vexed her Majesty with their designments against her Crown if the Pope and King of Spain had never plotted with the Duke of Norfolk if the Rebels in the North had never been heard of if the Bull of Pius Quintus had never been known if the said Rebellion had never been justified if neither Stukely nor the Pope had attempted any thing against Ireland if Gregory the Thirteenth had not renewed the said Excommunication if the Jesuits had never come into England if the Pope and King of Spain had not practised with the Duke of Guise for his attempt against her Majesty if Parsons and the rest of the Jesuits with other our Countrymen beyond the Seas had never been Agents in those traiterous and bloody designments of Throckmorton Parry Collen York Williams Squire and such like if they had not by their Treatises and Writings endeavoured to defame their Sovereign and their own Country labouring to have many of their Books translated into divers Languages thereby to shew more their own disloyalty if Cardinal Alane and Parsons had not published the Renovation of the said Bull by Xistus Quintus if thereunto they had not added their Scurrilous and Vnmanly Admonition or rather most prophane Libel against her Majesty if they had not sought by false Perswasions and ungodly Arguments to have allured the hearts of all Catholicks from their Allegiance if the Pope had never been urged by them to have thrust the King of Spain into that barbarous Action against the Realm if they themselves with all the rest of that Generation had not laboured greatly with the said King for the Conquest and Invasion of this Land by the Spaniards who are known to be the cruellest Tyrants that live upon the Earth if in all their Proceedings they had not from time to time depraved irritated and provoked both her Majesty and the state with these and many other such like their most ungodly and unchristian practices most assuredly the State would have loved us or at least born with us where there is one Catholick there would have been ten there had been no Speeches amongst us of Racks and Tortures nor any cause to have used them for none were ever vexed that way simply for that he was either Priest or Catholick but because they were suspected to have had their hands in some of the same most traiterous designments This is sufficient from the Mouths of Popish Priests to vindicate the Execution of Justice during Queen Elizabeth's Reign and to convince the Reader that Father Parsons was very much in the wrong to make Martyrs of such Criminals but much more to pretend to Multitudes It is however somewhat pardonable in him to give such wicked Traitors the glorious name of Martyrs since he had been the chief Incendiary and Encourager of most of those Rebels and Traitors and does deserve according to the Secular Priests Character of him in these Important Considerations the Title of Arch-traitor for himself c Offer occasion the second time c. This passage ought not only to be a warning to our Protestant Nation to provide by all ways lawful to keep Popery from gaining strength or power amongst us but to be the occasion of many hearty thanksgivings to God for having delivered us out of the bâ—â—â—â— and danger of Jesuit Reformers whose fury we see must not stop till we are clear rooted out or to speak more properly in the Jesuit's own Dialect till we are burnt up Who can without horrour read this Jesuit's complaint of the Imperfect Deformation and the great coldness and lukewarmness in Queen Mary's Restorers of Popery and recollect what numbers of innocent Protestants Old and Young Men and Women Clâ—â—ly and Laity were burnt at Stakes up and down the Nation during that short but bloody Reign d Fourthly the facility c. and a little lower For in the behalf of the Realm and Country I perswade my self most certainly
to furnish all places with particular Curates and Pastors which may be by God's grace and good diligence of this Council in erecting and furnishing Seminaries within the space of some five or six years that is before this Council shall resign over their authority And in the mean space the best means of supplying the common Spiritual needs of England would be perhaps that no Priests besides Bishops Deans Archdeacons and the like that are needful for the Government of the rest should have any particular assignation or interest in any Benefice but only a sufficient Pension allowed him by the Council of Reformation or Bishop of the Diocess for his convenient maintenance and his Commission to Preach Teach hear Confessions and all other Exercises of Priestly Function And when the Council of Reformation were to leave their charge then might they take a view of all the Priests in their times or before and according to each Man's talent and good account given of himself in this time of tryal to place them in Benefices But yet with this express Proviso and Condition That they may be removed again from the same Benefices to a worse or to none at all if they give not Satisfaction in their Function which only Bridle may chance to do more good than all the Laws and Exhortations in the World and it would be good sometimes to put it in Execution to promote some in higher Benefices and thrust down others to lower by way of Visitation when cause is offered And one thing before all others will be of very great moment for this Council to put in practice which is That presently at the beginning they do publish an Edict or Proclamation with all severity commanding under pain of great Punishment That no Religious or Ecclesiastical Person whatsoever do enter into the Realm without presenting himself before the Council within so many days after his entrance and there to shew the cause why he cometh and the Licence and Authority by which he cometh and to stand to the Determination of the Council for his aboad or departure again for if this be not done and observed with all rigour many scandalous light and inconstant People partly upon novelty and partly upon hope to gain will repair presently to England and do great hurt by their Example And when this Door is once stopped it will be easie for this Council to write to all the Heads of Religious Orders that are in other Countries to send them such a number of exemplar and reformed Men or Women to begin to plant the said Religious in England as shall be thought expedient and be demanded And for that Religious Orders have been more defac'd dishonoured and persecuted in our Realm than in any Christian Country in the World perhaps it would be convenient to make such an amends and recompence as is not besides in any other Kingdom to wit that all the approved Religious Orders that are in the Church of God should be called into England and placed joyntly in the City of London for that at least it is to be presumed that this City would be capable of all and from thence they might be derived afterwards by little and little into other places of the Realm as Commodities were offered and as Men's Devotions should require and as they should be proved to be most agreeable and profitable to the State of our Country but altogether to be in London and that in the perfection of their first Institution would be a most excellent thing and a priviledge above all other Kingdoms in the World where all Religious Orders are not seen together and much less in the perfection of their first institute and observance which ought to be the Condition of admitting any Order into England now at our next Reformation be they Men or Women to the end that the greater Glory of God be procured in all things And for more easie effectuating of this there may be taken order that Religious Men and Women be called and admitted only from the Parts and Countries for beginning this great work of England where it is known that their Order is reformed and hath some that observe the first perfection of their Rule and in our days divers Countries have And with this one Observation only about Religious Orders and People England would be the most eminent Country of Christendom as hath been said In the beginning of Religious Houses in England care may be had that such be builded and most multiplied as be most needful and profitable for the time present and do apply their labours to action and to the help also of others and that before all the rest Seminaries and Colleges be built and put in order for the more ease of our Clergy And as for old and ancient Religious that appertain most to Contemplation though also they be not to be omitted yet when in every Shire there were one of a sort planted for a beginning and indowed with sufficient Rent for a competent number that would observe their first institution it were no evil entrance for that quickly the Devotion of Good People would increase the same and so would England come in small time to be furnished with more variety of Monasteries and Religious Monuments and of much more edification than when it flourished most Nunneries also for refuge of Virgins and of the devoutest sort of Womenkind were to be set up and the most of Observant Orders and of most edification were first to be planted for example and encouragement of others It were also to be considered whether some new Military Order of Knights were to be erected in our Realm for exercise and help of our young Gentlemen and Nobility as in other Countries we see it And as for England in times past it had only the Order of St. John of Malta wherein now perhaps there may be some difficulties at first for that we have no Knights left of our Nation in that Order to train the rest and to begin it only with strangers may seem hard And secondly For that albeit their institute be good and holy to fight against the Turk and other Infidels yet is Malta far off and these Ages have brought forth many more Infidels and Enemies near home to wit Hereticks and thereby the binding of young Gentlemen which live abroad in the World in Wealth Liberty Ease and Conversation also with Women to perpetual Chastity by Vow as Knights of Malta be without giving them the means and helps that other Religious Men have to keep the same which are Disciplines and restraint from Company and the like has also his difficulties as both reason and experience doth teach us and the examples of some other Countries do prove as namely of Spain where for avoiding of difficulties they have procured Dispensation from the Pope that the Knights of the Military Order of St. James Alcantara Calatrava and the like may Marry Wherefore some are of Opinion That it were good
Times Men Matters and Occasions may chance to fall out very like or the same in England whensoever it shall be reduced to the Catholick Faith again great and special care is to be had lest semblable effect should also follow to the universal prejudice of the common cause wherefore this ought to serve as a preparative both for our Prince and People to put on the same pious and generous mind that Constantine the Great did to bear patiently with the infirmities of Men and remedy all matters the best he may and the People but especially Priests to beware of like deceit of the Devil and amongst other things if perchance in time of Persecution cause has been given or taken of offence or disgust between any person whatsoever that have laboured in God's Service and do tend all to one end to procure effectually now that it be altogether cut off and put in oblivion and this especially amongst the Clergy and by their means amongst others and if there should be any unquiet or troublesome Spirit found that under any pretence would sow or reap or maintain divisions that the Holy Apostles Counsel be followed with him which is to note and eschew him to the end that all may join chearfully and zealously to the setting up of this great and important work of Reformation And so much for Concord But as concerning example of good Life and to be Lanterns of the World I hope in Jesus there will be no great need at that day nor for that day now to call much upon our Clergy or at leastwise for some years after our Reduction they having received so abundant grace of Almighty God in this time of Persecution and so excellent a kind of Holy Education in our Seminaries as never perhaps any Clergy had in the World which Benefit of God ever ought to be a Spur unto them to be answerable to the same in their lives and works and to fear the most terrible sentence of St. Paul to the Hebrews about the hard and miserable case of such as after much and special grace received slide back again to their everlasting and most intolerable Damnation A blessed Servant of God in these our days cried out in a certain Memorial of his to the Council of Trent about matters of Reformation saying Take from us once if it be possible the shame and reproach of Israel which is the Evil and Idle Life of Clergy-men which cry ought ever to found in the Ears of our Clergy also for a watch-word and jointly to remember the Admonition of St. Paul no less necessary than this for them that are to labour in God's Vineyard which was That having meat and competent maintenance they should seek no farther but be content to labour willingly and liberally for so worthy a Master as is to pay them above all expectation or desire in the next Life Which Admonition is most important for moderating our appetites and avoiding of ambition greediness and contention when the day shall come though in England there will not want to give contentment also with abundance in temporal matters to all godly Men that shall labour there if his Divine Majesty vouchsafe to restore the same from his Enemies hands so as my hope is that our Clergy in every degree from the highest to the lowest will endeavour at that day to conform themselves to all rules of Reason Piety and Religion and to hearken gladly to any good Counsel or remembrance of Order and Discipline that shall be offered for theirs and the common good and with that I may presume to set down the Notes that hereafter do ensue CHAP. II. Of Bishops and Bishopricks in England BIshops and Prelates be Heads of the Clergy and if all ought to be Light and Salt how much more they that must lighten and season not only the Temporalty and Laity but all the rest of their own Order also who according to the example given them by their Prelate are wont to proceed And on the other side the best means for a Bishop to do much good in his Diocess is to have good Priests about him for that a Prelate without good Priests to help him is a Bird without Feathers to fly and to have good Priests he must make good Priests both by his Life Doctrine and other good means and especially by Seminaries for that Figs grow not on Thorns as our Saviour says and to have so great a Treasure it must cost both Labour Industry and Mony The Authority and Jurisdiction of Bishops in England is commonly more than in divers other Countries and more respected and their ordinary inquiry upon dishonesty of Life or suspicion thereof is peculiar to England alone and of very great importance for holding Men in fear of carnal sins and for this cause to be continued and increased And albeit in some other Counties simple Fornication be not so much punished or pursued and inquired upon and that the Stews also be permitted for avoiding of greater inconveniences in respect of the different natures and complexions of the People yet by experience we do find that the same necessity of liberty is not in England and consequently in no wife to be brought in again for that it is an occasion of fall and of grievous temptations to many that otherwise would not have them That English Custom also of often Visitations by the Bishop and by his Councellors Officials and other Ministers and Probats of Testament to be made before them and the use of often administring the Sacrament of Confirmation to Children is very laudable and to be honoured and any other thing that may belong to the authority credit or good estimation of the Bishop or of his Function and Office and if for a time after the next change some hand were given to Bishops also in Temporal affairs as to be principal in all publick Commissions within the Shire it would greatly authorise Religion and assure the Country much more to the Prince It will appertain to the Council of Reformation to consider of the Revenues of each Bishoprick and where there wanteth sufficient to bear out decently that State then to add so much as shall be necessary yet are Bishops to be admonished saith Mr. John Avila that Christ willeth them to be Lights of the World and Salt of the Earth by their fervour of Religion Prudence and Vertues and not by abundance of great Riches and Pomp and he alledgeth a Canon of the first Council of Carthage which saith thus Episcopus habeat vilem supellectilem mensam victum pauperem dignitatis suae authoritatem fidei vitae meritis quaerat And upon this he addeth That much more hurt hath come to the Church of God by overmuch Wealth of Bishops than by their Poverty albeit he wisheth notwithstanding that they have sufficient with Moderation And he beseecheth the Council of Trent that as well of Bishops Livings as of Deanries Archdeaconries Rich
them by punishing or promoting of such as deserve to the end it may appear that they are not made only for fashion sake The custom of England is to call the Curate with the two Church-wardens to every Visitation and two principal Men more of the Parish and to exhibit Interrogations to the one Party concerning the other's demeanour is a very effectual order if it be well observed as is also that every Archdeacon should make his Visitation apart at his due times and communicate them after with the Bishop In all good works that are to be done within the City where the Bishop resideth or within his whole Diocess whether they be for setting up of Religious Houses Schools Seminaries Hospitals Colledges Prisons bringing up of Orphans Marrying of poor Maids helping of Widows repairing enlarging and furnishing of Churches redeeming of Captives setting forward of Confraternities and the like the Bishop as the Common Father and Treasurer of the poor ought to have his part more or less according to his ability And when he were able to give no Mony yet should he animate others shew the way give the designment remove difficulties and make much of them that were doers therein whereby only I mean by his authority consent and incouragement he should be able to bring many good things to pass even without Mony if he had it not to give but if he have wealth and will not spend words will do little It is reported of certain godly Prelates That besides the bestowing of their own Goods in pious works God gave them force to draw out great store of other Men's also and so to have the merit of both For which cause first they used to be very familiar with all such Men as had this Spirit to go up and down and attend to these works willing them never to be dismayed but to come to them in all their difficulties for that Mony and Council should never want And Secondly they used to have a lift of all the rich Men within their Diocess whom they sought also to gain before hand by courteous entreaty and often inviting of them and when any work of Piety was offered then would the Bishop first set down all his own Contribution and then perswade the rest by his Exhortation and Example to do the like And by this means they brought to pass infinite great works that otherwise seemed altogether above their powers Many good Men of our time are of Opinion That the first quality and condition which the Prince ought to consider in choosing or presenting a good Bishop should be whether he be liberal and a good Alms-man or no for if he have this grace it is impossible almost but that together with this he is a good Man of Life also And albeit he should want a great degree in learning or some other such part yet this one of Alms-giving would supply for all and by his liberality he would make learned Men though he were none himself and so supply the want by others But if he want this part of Piety all the rest will do little good with the People And Mr. John Avila noteth to the Council of Trent that not only Christ himself but his Apostles also after him laid hands rather of vertuous Men to make Bishops though they were Married than of great learned Clerks And so do the two Descriptions made by St. Paul to Timothy and to Titus of good Bishops declare though learning also be necessary but more the other The Bishop ought to have a Roll of all the Preachers Pastors and Priests within his Diocess with the Names Surnames Parentage Ages Talents Manners Merits and Occupations and to study and go them over often and to add every Year that which his Officers do bring in their Visitations of their Merits or Demerits and besides this to have some special Men of confidence and zeal in every place to advertise him of that which passeth for his better Instruction to the end that when Benefices or other Charges shall fall void he may provide them with more facility and commend also to the Prince such Persons as deserve to be preferred to higher Rooms and put back deprive or chasten them that behave themselves evil The like Lifts ought the Archbishops to have over all the Bishopricks under their Charges And the same ought to have the Prince and his chief Counsellors over all the Realm so all good Men should not need to sue and labour to be imployed nor the ambitious greatly profit themselves by their sollicitude and negotiation but the one should be fetched out of their corners when they thought not of it to Promotion and the other sent home empty from the Court and other places which they troubled by their importunity until they were of better Merits No one thing would so much profit the Commonwealth as if these punishments and rewards were sure and certain It is thought also that it would be a matter of great importance for the preservation of a good English Clergy that the providing of Priests for Benefices within every Diocess should be reduced to the Bishops and to certain of the Chapter or chief Men about him to be assigned for that effect and that the preferment should go by Opposition and Tryal both for learning and manners and certain Examiners to be appointed for the Determination who should give their Determination upon their Oaths and that the Patrons of Benefices that now are in England should be recompenced with some other Priviledge or Honour to be done to them in their Parishes where they are Patrons but not to present the Persons nor give Advowsons or at leastwise if all were not to be taken away the most should be that they presented some three or four able Men together both for learning and manners and that the Bishop with his Examiners may take whom of those they judged most worthy After Examination made of Men's learning by Opposition and Disputation the like Examination or rather much more stricter ought to be made of Life and Manners either by the self same Examiners or rather by others to determine also upon their Oaths as the former And this second Examination ought to be made by Testimony of Letters and Witnesses concerning the behaviour of the Pretenders and ever the Merit and Vertue ought to be preferred before Learning and to the end Men be not disgraced by this second Examination after they have passed the first of learning perhaps it will be best that this go first and if any Man be found defective in this he may with less discredit desist from the other and let the Tryal and Opposition be published some Weeks or Months before as shall be thought necessary And greatly it will import that all Benefices be given and taken in England with this express Condition That upon Merit or Demerit they may be changed or taken away and the Parties removed either to higher or lower Benefices or to
a storm of injustice and iniquity by how much the more all parts and joints of equity both towards God and Man have been wrested and wronged therein by Hereticks and Atheists And first of all are to be redressed the open wrongs which have been done to our Catholicks for their Faith and Religion whether it were by shew or colour of Laws or by manifest Tyranny And secondly are to be remedied the known publick oppression of the common People by some that have been in authority as namely incroachments upon their Lands Tenements or the like as also the corrupt manner of proceeding of certain Quests and Juries both in matters of Life and Lands that in later days by the infection of Heresie have been accustomed to apply themselves to the favour of Magistrates in authority without regard of Right or Conscience One thing also in particular for very honour of our Realm and saving the Lives and Souls of infinite Men is greatly wished might be recommended to his Majesty and effectually redressed which is the multitude of Thieves that rob and steal upon the High-ways in England more than likely in any other Country of the World they being also oftentimes of no base Condition or Quality that do it but rather Gentlemen or wealthy Men's Sons moved thereunto not so much of poverty and necessity as of light estimation of the fault and hope of Pardon from the Prince whereby it cometh to pass that albeit the English Nation as by experience is found he not so much inclined to steal in secret as some other Nations are and that more are put to Death in England for punishment of that Fact than in many other Nations together yet is this enormity of robbing upon the High-ways much more frequent and notorious in England than any where else in Christendom which is a great infamy to our Government and hurt to the Common-wealth For remedy though divers means may be suggested whereof I shall have occasion to speak in the two Chapters following yet one principle is thought to be if it were once known that the Prince would hardly or never dispense or give pardon in that offence but upon great rare and extraordinary occasion For albeit many obtain not this pardon yet the very hope thereof encourageth others to attempt the Fact And we see that in some Countries and especially in Spain above all other that I have seen though the Realm be much bigger and have many more fit places to commit such offences than ours yet very rarely it is heard that publick robberies are committed upon the High-ways though in private and secretly is no Country perhaps more which principally is attributed unto the certain and constant publick Justice that is done upon them without remission that commit the Fact if they be found and to the great diligence used for finding them out by the particular pursuit of a certain Company and Confraternity of Men appointed for the purpose and peculiarly dedicated to this work named the Holy Brotherhood which is endued with many priviledges and sufficient authority for the same The which thing is wished also might be brought into England and made subordinate to the new Religious Order of Knights to be instituted both for the defence of Sea and Land which I have spoken of in the First Part of this Memorial And albeit the strictness of the Prince be necessary in giving Pardons for cutting off all hopes to the Malefactors yet were it to be wished that the rigour of our Temporal Laws for putting Men to death for theft of so small quantity or value as is accustomed in England were much moderated and some lesser bodily punishments invented for that purpose as also that some means of moderation wherein the manner of quick dispatch of Men's lives by Juries impanelled in haste and forced to give Verdict of Life and Death upon the suddain without allowing space either for them to inform themselves or for the accused to think duly upon his defence or to help himself by any Proctor Attorney contrary witness or other such aides as both reason and other Country Laws and equity it self seemeth to allow whereof I shall speak more when I shall come to speak of our Common-Laws of England in the Fourth Chapter of this Part. And for that it will not be enough to plant only Religion Justice and other such parts of a true Christian Commonwealth but also it will be needful to uphold maintain and defend the same It must appertain also unto a Catholick Prince whom God shall bless with the Crown of England to shew himself a continual Watch-man over the same and with his vigilance provide for the perpetuation thereof and first of all to assure the Succession of the Crown by good provision of Laws which Hereticks of later years have so much confounded and made so uncertain and in such manner must be link the state of Catholick Religion and Succession together as the one may depend and be the assurance of the other Moreover his Majesty must see due execution from time to time done of such good Laws and Ordinances as to these and like purposes by himself and the Realm shall be at the beginning determined and set down for which effect it seemeth that the custom of some other wise Catholick Princes of foreign Countries is much to be commended who do use both ordinarily and at other times unexpected to send Visitors to divers parts of their Realms as namely to Universities and to all Courts of Law and Justice and other places where any great abuse and excess may be committed touching the Prince's Service or other State of the Commonwealth which Visitors being Men of great integrity skill and wisdom and furnished with sufficient Authority and Commission to fear no Man do return back true Information of that which is well or amiss to the Prince and his Council who after diligent view and deliberation do cause the same to be published and all Parties to be punished or rewarded according to their merits which is a great Bridle to hold things in order Furthermore for that it is of great moment for the Prince to know and be truly informed of the quality and merit of such of his Subjects as he is to prefer to Offices and charge in the Common-wealth either Spiritual or Temporal it were necessary his Majesty from time to time as for Example from three years to three years or the like according as some other godly Princes also use should cause certain Lists and Catalogues to be given him of Men's names by divers secret ways and by Persons of credit discretion and good Consciences touching all such Subjects in every Country Province Universities Cathedral Churches Houses of Law and particular Colleges as for their learning wisdom and other good qualities were fittest to be imployed and preferred by his Majesty and that these Lists and Memoires should be often viewed by the Prince himself and by his Council
complain and not fear afterwards the others power and violence by all which means it would come to pass that the People would only depend on the Prince and great Men come into less suspicion and danger and the Commonwealth and Prince stand more assured from troubles and commotions and each part live more safely and contentedly And for that I am to speak afterwards more in particular of the Common-Laws of our Realm and among others of this concerning the proceeding in matters of Death and Life by way of Quests and Juries as well for the Nobility as also the Commonalty I shall speak no more in this place but remit my self to that which I shall set down there CHAP. IV. Of the Inns of Court and study of the Common Laws of England and of the Laws themselves FOR so much as it is a custom now in England and hath been much increased these later years that either all or the most part of Noblemen's Children do repair to the Inns of Court and Chancery under pretence of studying the Common Laws of England tho' some do nothing less in effect it shall not be amiss perhaps after the Treaty of the Nobility to say somewhat of the Inns of Court and manner of studies And first of all it seemeth necessary that as before I said of the Universities some ample Commission should be given to certain wise godly and learned Catholick Men in the Laws to consult what manner of Reformation were best for the said Inns of Court and Chancery both touching learning and Piety which Houses by the liberty and dissolution of Heretical times have been brought to great disorder and so become Schools of meer vanity pride and looseness The principal points that seem may be reformed are first about their order of Life Discipline form of Apparel Conversation and the like as in other Universities and Colleges of Laws is accustomed abroad in the World where the Nobility also do study the Laws of those Realms without any such notable disorders as in England are seen And secondly about the manner of study in these our Common Laws as for example That they may have ordinary Readers Lecturers and set Causes for their profiting in learning as in other Sciences is accustomed and as hath been noted before in the Chapters belonging to our Universities out of which may be taken and applied to this also so much as shall seem for the purpose seeing these Houses and Schools do make in like manner a certain University for study of this one Faculty of the Common Law and consequently may very well participate of orders insinuated before for Universities and the Readers be bound to dictate and the Students to write and to make repetition of their Lessons and to have Exercises Conferences and Disputations times limited wherein to end their courses of Law and to proceed and take Degrees in manner and form and with the circumstances that shall be appointed and thought most convenient All which points may be set down distinctly as well as in other Universities and some order may be thought on also for the reducing of the huge Mass and Book of our Common Law to some more clear order and method so as it may be learned with clearness and distinction as other Faculties are and perhaps it will not be amiss to bind such as will make profession thereof and take degrees therein to study first the Latine Tongue with some perfection as also to pass the course of Philosophy thereby to be the more able Men afterwards to judge and treat matters in their own profession Moreover it may be thought upon whether it were not convenient that some Commissioners appointed for the same purpose should suggest and give up such points as shall seem wanting and defective in our Common Laws to be remedied by Act of Parliament or Decrees of grave and learned Lawyers or be supplied by the Civil Canon or Imperial Laws and among other points they may determine of Lawyer 's Fees as also of their manner of proceeding and remedy such abuses as have crept in during the time of Heresie or otherwise among which one principal seemeth to be the multitude of infinite Suits increased in these our days partly by the wrangling natures covetousness and little Conscience of some People and partly also by the incouragement of the Lawyers themselves that either buy or set forward bad titles for private gain For remedy whereof and for a thousand inconveniencies which hereof do ensue it may be considered by the Commissioners whether it were not good to limit the number and quality of Suits that may be brought to London to which place every poor Man cannot follow to wit that the matters to be tried in London must be of such or such value and importance and that other affairs of lesser be heard first by some certain Men of the Shire where the Controversie riseth and be composed or decided by them either by way of peace or friendship or by sentence of Law and Justice and that if it cannot be so ended but that the Party or Parties will need appeal to London that then it be remitted with these Men's Judgment upon it or with their sentence given first in the matter And perhaps it would not be amiss in divers cases to bring in the custom of Spain for depositing mily quinentos doblones which is about three thousand Crowns value to be deposited presently by him that will appeal to the King and his Council from the ordinary sentence of Law given against him in other Lower Courts which Mony is to be divided the one part to the Prince the other part to the Judges that gave the first sentence and the third part to his Adversary in the suit for his Charges if the said first sentence be confirmed again by the five new Judges which the Prince upon his appeal is to give them for the final determination of the cause Some such Bridle I say were to be devised against troublesome and contentious People that will not stand to any order or composition which composition ought first to be sought for and that the Parties that are to go to Law should first be bound to have their matter heard as I have said by good and skilful Men of their Country before they pass any farther Some lower Tribunal were also to be appointed throughout the Realm in more places than in York and in the Marches of Wales as now it is where Men might have Justice without repairing immediately to London The custom of other Countries is very laudable where from time to time certain Visitors Men of great Integrity and Justice are appointed by the Prince and his Council to visit all Judges Lawyers Sollicitors Councellors Proctors Attorneys and other Officers belonging to Justice in all Courts throughout the Realm and to examine how they have behaved themselves in those Charges what riches they have gotten and in how little time what Bribes and Corruptions