donec diutius ferre non possunt And afterward non sunt 〈◊〉 boni Domini quisese vobis opponunt â—â—â—us ipse est ad visitandam tyrannidâ—m ves ram A man can no deuise to geue the people better harting to ronn into ryots then owt of the puipit to tax the princes for so cryng a sinn as tyrannie and to maik God the author to reueng that speciallie being not bownd in conscienc to obey anie humain lawes But D. Whitacre 2. Resp ad Campian ratione 8. saith It neuer cam into Luther mynd to pluck in peaces the authoritie of magistrates which he ded all waies defend against the Anabaptists and as D. Bilson affirmeth Luther ded hold that the Gospel doth not barr the politick lawes of anie contrie I wonder these two great doctors wold affirm this so confidentlie knowing first that though in some places of his books to bleare the eyes of the world he had perswaded subiects to obedience the contrarie wheareof it had bean too grosse an error to mantaine yet that his practise and actions vvear fullie contradictorie to that course And knowing also that Luther hym self set it down as a deuine decree l. de captiu Babilon c. de baptismo Ab omnibus hominum legibus exempts sumus libertate Christiana nobis per baptismum donata Was this onelie from the Canons or asvvel from Municipall lawes I know your Iewel of England laboured to couer the deformitie of this proposition which by a sleight euasion he sought to avoyd by comparing S. Pauls phrase with Luthers Galat. 2. Litl to the purpose But it vvas more fayrlie and conning lie shadowed by D. whitacre thus loco predicto saith he By faâ—th men ar free not that they may not obey lavves and liue ouelie to them selfs but that they may vnderstand there consciences and mynds ar freed from making the lavves of men to be religion 1. to bynd the conscienc And after vvard he saith again Mans lavves bynd not the conscienc for then they should bynd in all places alike And so he concludes in generall The magistrate is to be obeyed for conscienc but his particular lavves bynd not the conscienc that is as in an other place he interprets it VVe must obey humain lavves bycaus they arr necessarie for peace but vve must distinguish them from deuine vvhich ar simplie to be obeyed vvithovvt defferenc of tyme place or circumstanc as mans lavves ar Thus he defendeth Luther by interpreting his words and his interpretation quite overthrovves bot Luthers meaning and words For so we ar not by D. withaker exempted from obeying mans lawes but from obeying them simpliciter and as deuine for it is not the quaestion which lawes bynd most secundum magis minus Gods lawes or mans for of that ther can be no quaestion no man dovvbts it But vvhether mans lawes bynd the Conscienc at all and whether simplie it be a trew proposition ab omnibus hominum â—gibâ—s exempti sumus And yf mans lawes doe not bynd the conscienc why ded yow think preasts bownd in conscienc to obey the paenal lawes of England or to be put to death for not obeying But it is best and playnest dealing to maik Luther his own expositor and so trie yf he can be cleared or yf he prooue not worse and an enemie to humain lawes For in the same book cap. de Matrimonio Sâ—io inquit nullam rempublicam legibus faeliciter administrari and in c. de sacris Ordini Turpe enim est iniquiter seruile Christianum hominem qui liber est alijsquam caelestibus diuinis subiectum esse legibus In both vvhich places he is quite contrarie to D. whitacre and maiks small accounpt of the statuts of common welths but as a thing seruile to be subiect and tyet to obey them And S. Thomas Moor in his Latin book against Luther affirmes that Tindal one of Luthers principal disciples in England in his book of Obedienc taught the same lesson and he citeth a place from whenc it seams Tindal deriued his opinion Sc. Dico itaque neque Papa neque Episcopus Not. neque vlius hominum habeat ius constituâ—ndâ— vnius sillabae super hommem christianum nisi sit eiusdem consensu So then obserue it well and yow shall see that it bothe cam into Luthers mynd and his penn to pluck in peaces the authoritie of magistrates and lawes And the words of Luther litterallie import as much els what english can yow maik of ab omnibus hominum legibus exempti sumus Is it against the Canon law onelie the words omnibus hominum teach yow the contrarie is it to prefer Gods lawe and religion comparatiue before mans the word Exempti vsed simplie showes the contrarie and that as we ar freed from the law of the Pope or constitutions of Bushops so and in the same degree we ar as he holds exempted from all mans lawes so as neque vllus hominum haith power to enact one sillable wherto he shall be obliged Again yf we be exempted from all lawes and the magistrate but by lawe can clayme no obedienc what conclusion can yow maik to defend Luther but in a mood and figure bad enough Furthermore I am perswaded all men of vnder standing will think the verrie words of Luther plainlie and in the litteral sence to be daingerous yf they be not qualified and bettered by such an interpreter as D. whitakers And the plain common people stand not to vvaigh vvords but taik them in cortice as the letter imports The Bowers could not wrest and straine them by learning and maik a gloss quite contrarie to the text but they took hold of that exposition which was best agreable to ther appetites and serued most fitlie to open them a passage to libertie vvich was ther end and scope And D. Whitaker hym self seing he could not iustifie the words sought to defend the meaning therof by a deuise and sence of his own making vvhich he inspireth into the words But Luther excellentlie expresseth his own meaning libro ad nobilit atem Germanie for as of the Imperial chamber at Spyres he had giuen this sentenc Tribunal Camerae Imperialis ecce quà m diabolica est meretrix so hear he saith Ferunt nulium esse pulchrius regimen quam apud Turcam qui tamen neque Canonicum neque ciuile ius habet sed solum Alchoranum At nos fateri oportet nusquam esse turpius regimen quam apud nos per ius ciuile Canonicum Novv ballance and examin this vvel end that vvil determin the controuersie we accuse Luther that he vvould abolish all lavves and that men should be ruled onelie by the gospell and that vpon such his doctrine the paisants wear incooraged to taik armes No saith maister vvhitaker it vvas not Luthers meaning for the words he could not denie to abrogate the authoritie of lawes but his meaning was they ded not bynd the conscienc Now what Luther meant appeared by
and testifie From king Edvvard the Confessor Down to king Henry the VIII ther is no man so blind that will affirme ther was anie other religion professed and priuiledged in England but that which was planted heare by Gregorius Magnus who as D. whitacher noteth l. 5. contrae Duraeum pag. 394. ded vs a great benefit and vvhich vve ar euer most grate fullie to remember In all which tyme though the Cleargie mayd Canons by ther own authoritie for ther ovn particuler gouernment yet the kings of this realme ded euer fynt them obedient and readie hymblie and dewtifullie to obey them and to affoord ther best assistance to support the estate Royal euen oft vvhen they weare much troden vpon and heauilie burdened and albeyt sometymes they weare forced to whote contentions for external matters of iurisdiction and ther immunities as the commons and Barons weare yet they neuer passed the rules of order and obedienc nor stirred vp sedition or commotions And who soeuer shall obiect and call in quaestion the opposition of some prelates vnder Henrie the II. King Iohn and Henrie the III. shall neither doe great honor to the kings nor dishonor to the Church-men for ther zealous defenc of ther immunities and perhaps he may reuiue such matters as wear more conuenient to be buried in the records But the first king thar euer gaue effectuallie cawse in this kingdome to trie in the face of the vvorld the admirable patienc Order and loyaltie of the Catholiques was King Henrie the VIII flagelium Dei to the Church of England and yet of ther own religion First by aceusing the Cleargie to be fallen into the danger of a premunire for mantaining Caridnal VVolsies legantine power Secondlie by the statut of Supremacie Thirdlie by the Suppression of Abbeis Which vvear the thre first breaches wherby he threw Dovvn the foundation strenth and glorie of the Church of England The first leuelled the waye for the second and the second enabled hym with power and authoritie to compasse the third The first was a burden the second a bridle and the third a terror By the first he fownd ther weakenes by the second they perceaued his greatnes and by the third he mayd them dispayre of anie recouerie or reparation of ther estate by the first onelie the Cleargie smarted the second laye heauie both vpon the spirituall and temporall by the third the whole realme was again in a sort conquered And all this was doon to be reuenged against the Pope touching his marriage to abandon his iurisdiction and to aduance his ovvn greatenes and royall power that so no man might afterward controll his action or restrain his appetites vvhich lawleslie rainged in hym and prooued verrie inordinate And ther for he bard owt of the realme all forrein power and at home he subdewed them and mayd them of no power Such is the imperious nature of domination in irregular mynds which hauing once broken owt of his circle can not indure limitation and bownds but must and will rainge at libertie in the wide and wild feald of his humors and not being able to geue law to his appetites vvill maik lawes as champions to authorise them and reason as a parasite to glorifie them Now to examin all these thre The first 1. The premunite was a quarrell he ded pick onlie against Cardinal VVoltie and yet afterwards sett vpon the tentors and extended against the vvhole cleargie Which being summoned into the kings bench the kings learned counsell vrged and exaggerated the matter so vehamentlie that in the Conuocation howse they concluded to submit them selfs to his pleasure and to obtain ther pardon and recouer his fauor they wear content to offer and present vnto hym a hundret thowsand pownds wherevpon ther Pardon was signed by the king and confirmed by parliement and by a deuise there they wear also Drawen to acknowledg hym supreme head This vvas a course at that tyme thought neither agreable to Iustice nor honor for Cardinal Wolsie had the kings licens vnder his hand and the great seale of England sor his warrant to vse the legantine power and aftervvard by reason thereof the king hym self employed hym to exercise the same and sit vvith Campegius and examin the matter And yf the diuorce had bean allowed ther should neuer haue bean quaestion mayd of the legantine povvre Touching the Supremacie All the hings 2. The supremacie subiects euer acknovvledged that the crovvn of England quoad temporalia is independant of anie other povver but that great and Transcendent Maiestie vvho proclamed to the vvorld Per me reges regnant that kings knovving vvho vvill taik ther audit may be more carefull to rule vvith Iustice and keape ther accoumpts streight and subiects knovving there tye and vvho layd vpon ther necks this suaue iugum and withowt encroachment may obeye vvith more loyaltie and affection The Question vvhich king Harrie mayd first of all kings in his parliement concerneth his povver and iurisdiction quoad spiritualia And whether that new and highe praerogatiue vvear euer properlie and essentiallie inuested in the crovvn of his realme heartofore or whether it wear the creation of a nevv right by parliement iure Coronae or the establishment of an old And hearupon grovveth an other quaestion novv both in England and other kingdomes so much debated vvhether the Controuersie for Supremacie in spiritualibus be a quaestion onelie proper to Religion and so subiect to the sentenc and censure of the Church onelie as emong the Romans it vvas to the Collegium Augurum and Pontifex Max. or proper to Pollicie and the state onelie and so subiect to the iudgment of lawe or Mixt and a participle vvhear of either of them may hold plea. Of both these I shall haue fitter both Occasion for the matter and Opportunitie for the tyme to declare my poore opinion in my discourses vpon the Ecclesiastical Historie And for the suppression of the Abbies 3. The Supression of Abbies the Cleargie by that fact and the supremacie stood as in captiuitie and at the kings pleasure and mercie ther possessions wear seazed ther goods forfeited ther Churches prophaned and sacked And the augmentation court was erected vpon the spoyles of the Churche and the sale of ther mooueables vestiments challices bells and all for when the king fownd that the Cleargie thorough the humilitie of ther zeale yealded so much vnto hym he never thought he had power sufficient till he had more then enoughe and vpon that aduantage his conscienc being inlarged broke owt of those ancient bownds which the lawes of the Church had prescribed to hym Therfor anno 27. he appointed Cromwel and Doctor Leigh to visite the Abbies and by vertue of the kings commission which had then a chymical powre to maik sacriledge vertue they took owt of the Monasteries ther cheafest Iewels plate and Reliques to the kings vse and dismissed all such religious persons vnder the age of 24. yeares as
them ego regalem eius authoritatem in omnibus rebus causisque ciuilibus temporalibus agnosco the which Goldastus tom 3. de Monarchia S. Imperiâ— Rom. doth report 8. But to conclude with a demonstratiue argument against vvhich I know no iust exception or opposition yow would know how Princes can be assured of Catholicks and hovv farr they may repose confidenc in them and vvhether ther religion tyeth so ther consciences to devv obedienc that merciefull and good Princes may rest secured they will neither reuolt from ther allegianc nor attempt against ther persons nor mooue the people to seditious practises S. Thomas lib. de regimine princip cap. 6. negat posse tirannum à quoquam priuata authoritate interfici quite contrarie to the rules of Parreus and knox and so doth D. Gerson the learned Chancelor of Paris determin and define And touching the Canon lavv Decret 2. part caus 23. q. 8. de Episcop it doth decree de Episcopis vero vel quibus licet Clericis quod nec sua authoritate nec authoritate Romani pontificis arma accipere valeant facile probatur And yet bycause there maye be Cauils and obiections drawen vpon some words of the Canons to maike dowbt of the truthe and certantie of this opinion the Canon lawes of England doe explain it fullie for in the Prouincial constitutions in the Councel at Oxford holden by Stephen of Canturbury 1228. anno 8. H. 3. an excommunication is decreed against all those qui pacem tranquillitatem Domini regis regni perturbant And to voyd all quaestions the generall Councel of Constance sess 15. concluded that is an error in faith to hould that subiects maye kill ther Princ being a tyrant the words ar these Nuper accepit sancta Synodus quod nonnullae assertiones erroneae dogmatizataesunt reipublicae statum euertere cupientes c. scil vt quilibet tyrannus potest debet licitè meritorie occidi per quemcunque vasallum suum subiectum etiam per clanculares insidiâ—s non obstante quocunque iuramento nec expectata sententia mandato indicis c. And therupon the councel decreed eam esse doctrinam erroneam in fide moribus and then condemneth it and enacteth Quicunque pertinaciter doctrinam hanc perniciosissimam asserentes sunt haeretici tanquam tales iuxta Canonum sanctiones sunt puniendi The which act after the parricide of Henry the III. the parliement of Paris published both to condemn such infernall practises and to shovv hovv sacred the Church holdeth the persons of Princes So novv yow haue sean as in a glass the face and integritie of the Catholiks and how they ar tyed to obedienc of magistrates yovv see the dogmaticall principles of ther religion touching ther loyaltie yf yovv vvill iudg of them by ther doctrine yovv see the basis vpon which they build yf by ther proceadings ther petitions ther protestations and publick profession acquite them yf by ther course of lyfe ther frequent confessions and continuall prayers show ther innocentie and to speak confidentlie all Princes ar more secure and haue a more and better tye and obligation of Catholiks then of anie Caluinists or Lutherans vvhat soever And yf he vvho writ that Pamphlet of Romish doctrine in case of Conspiracie and rebellion and marked vpon euerie leaf Romish positions and practises of rebellion vvill read this plain recâ—mination and relation mayd to recompenc his trauel he shall fynd hovv false and scandalous these Chimaeraes and fictions vveare and hovv iniurious to all preasts and religious to call ther names and reputation therby in quaestion vbi de capite fiunt comitia But Coolors vvill best appeare vvhen they ar compared therfor examin yf anie sectaries overmatch this fidelitie and geue so good assuranc to Princes to leane and relie vpon ther loyaltie Philip MelaÌ„cthon in his epitome of Moral philosophie saith Violare leges ciuiles seu edicta magistratuum ciuilium est peccatum mortale thus farr he agreeth with the Churche vvhich taught hym that lesson and therfor he addeth sciamus conscientiam fieri ream si non obtâ—mperemus consider a quantum est hoc vinculum obedientiae publicae tranquillitatis in dead ther can be required no greater or stronger a tie and so simplie ar all Catholicks tyed but hauing mayd vp this hedg to keap owt disorder he leaues a gap open to bread nevv trovvbles and break all bonds for saith he debet autem haec sententia de magistratuum edictis prudenter intelligi scilicet de ijs edictis quae non iubent facere contra mandatum Dei For then all is naught as before he showed ex libro consil Euangel that inferior magistrates may alter religion and ouerthrouu Idolatrie and so hear is neither left anie tye nor yet anie instruction how to be able to iudg whether and when the Prince doth idolatrize or doe contramandatum Dei But yf the iustices of peace and Constables be perswaded in ther conscienc that the Prince erreth in his then at they authorised by Melancthon both to iudg and geue lavv to the Prince and not to obey hym 2. Luther prescribeth that men should obey municipal lawes as I haue cited tom 3. Witteb before in the first title but yf yow obiect to hym ne excitetur tumulius contra Episcopos then he falleth into Melancthons gap an ideo negligetur verbum Dei peribit populus 3. And this his backed with a generall consent of the more precise protestants that subiects may by armes mantain ther religion what to resist and defend onelie yea and to offend also as appeareth by Danaeus l. 6. polit c. 3. and by P. Martyr in cap. 11. Iudic. and in locis com and Althusius polit c. 35. pag. 37. maketh thre iust cawses of warr 1. iustitiae denegatio 2. purae religioniâ— defensio 3. repetitio rerum ablatarum 4. It may be thought I choose owt the worst of ther opinions and misreport them therfor I will cleare my self sufficientlie Doctor Swinglius teacheth dum flagitiosi loco non mouentur totus populus à Deo punitur So he warrants them to depose Princes The famous minister Sureau called Rosieres who was after emprisoned at Paris writ a book to prooue that it was lawfull to kill Charles the 9. and the Quene moother yf they would not obey the gospell id est Caluinisme so witnesseth Belforest l. 6. c. 103. In the confession of the french Church art 39. they saie affirmamus parendum esse legibus soluendatributa subiectionis iugum tolerandum etiamsi infideles fuerint magistratus but what fellowes that which corrupts all dummodo Dei summum imperium integrum maneat Now bycause in this dummodo maye lurk an aequiuocation it is explained in the Synod of Bearn 1572. Dei imperium dicitur manere illibatum cum rea exterminata Catholica religione solam veram puram extollit God is trewlie worshipped obeyed and serued when
all religion become retrograde And that fair tyre the mask of sinn be mayde And better to effect a speadie end Lett ther be fovvnd tvvo fatal instruments The one to publish the other to defend Impious contention and provvd discontents Printing Maik that instamped characters may send Abroad to thovvsands thovvsand mens intents And in a moment may dispatch much more Then could a vvorld of pennes perform before VVereby all quarrels titles secrecies May vnto all be presentlie mayd knovvne Factions prepared parties allured to rise Sedition vnder sayr pretences sovvne VVhereby the vvlgar may become so vvise That vvith a self presumption ouergrovvn They may of deapest misteries debate Controule ther betters censure acts of state And then vvhen this dispersed mischeaf shal Haue brought confusion in each misterie Calld vt contempt of stâ—tes in generall And ripend the humour of impietie Then take the other engine vvhervvith all Coâ—nes They may torment ther self vvrought miserie And scourge each other in so strainge a vvise As tyme or tyrants neuer could deuise c. BABEL OR MONARCHOMACHIA PROTESTANTIVM NOT manie yeares since Reasons for the match vvith Spayn vpon the divulging of a letter vvritten by mayster Aldred against the match with Spayne and of that scandalous libel against the embassador Count Godomer as also by the instigation of somè whote-spoors in therpulpits men oft of more feruor then iudgment The people of London vvas much incensed to snarle and murmur euen at the verrie name of Spayne and euerie artificer presumed as an Aristarchus to censure the king for that negotiation as for an error of state vvch vvear like to cast the vvhole bodie of the kingdome into a distemper As yf the kings Zeale to the realm and to his issevv had bean vnnaturallie frozen and his iudgment had fayled hym and that those great planets of the counsel had also lost ther light and erred in ther course Whearupon I vvas vrged by diuers of my good freÌ„ds to vvrite the Apologie of that actioÌ„ and proceading bycause somme of them had hard me deliuer not onelie a full ansvver to all the objections of the contrarie faction but also diuers reasone in defenc thereof fovvnded vpon a rock and growndwork subiect to no battrie nor vndermining And to speak trevvlie and freelie the benefites vvhich the realme may reape by that match ar so maine and so aduantagious as I vvish yt rather doon then disputed on For it setleth a firme peace betvvean both the kingdmes aliquid amplius then they apprehend vvho oppugn yt Traffick shal therby be establisthed and encreased the seas by a concurrens of bothe the kings may be purged and cleared from Turks and pyrates The kingdome shal also be again stored and enriched with threasour coyne yf it be locked vp infraquatuor maria and not stil offred to that Idol of Cambaia The crown shal be disingaged from a burdensome vveight of debts and consequentlie the subiects ar like to be much eased of contributions and taxes And is the renevving and confirmation of the treaties vvith the house and Princes of Burgondie to be accompted as a Cypher or is it nothing to haue so great a Monarch as the king of Spayne a firme allie and frend vvhome England knoweth what it is to haue an enemie It is trew that England was neuer so full of moonie as it was by spoyles and depredation betwean the yeares 1576. and 1590. but how dearlie had that prochase bene bought yf god who had predetermined to dispose the crowne of England to her issew who had suffred deathe and disgrace for his glorie had not mayd the wynds and sea fight for England Virginia a Colonie now to be tenderlie regarded shall hearby setle her staples and mart with more securitie and aduanc ther traffick both by a fafer passage and entercours with the Ilands But aboue all arguments nothing mooueth me more then that is for the honor Safetie and commoditie of Prince Charles the darling of England which euerie trew Patriot is bownd in coÌ„scienc to further and aduance But so we shall be sayd to leaue Holland in the briars an old and assured frend and of powre to assist the realm vpon all occasions god grand the prince may neuer stand in nead to vse them and remeniber how small furthernas nay rather hovv great hindrance they haue bean to the traffick of this realme and vvhat great losses and dammage by ther meanes our merchants haue sustained in the Indies Moscouie Groenland In ead not tell yow how chargeabl a neighbour they vvear and how vnsure a frend euer preferring france and for England cum nemini obtrudi potest iâ—ur ad me And not vvith standing vvise men may easilie discern vvhat fauor they may yet reap at his maiesties hands yf they deserue not the contrarie by inconsiderate courses But vvhat cavvse can they instlie pretend that repyne and murmur at the name of Spayne They obiecte the sin the curse and the disparagement to match vvith a Catholick What is the reason for that barr bycause the Ievves might not be tollerated to match vvith the Ammorites nor religions persons vvith the prophane That opinion taisteth too much of Iudaisme and the Tabmud the barr is remooued for now vvear vnder the lavv of grace bothe Ievves and gentiles circumsision and vncircumcision ar all vnited to Christ by faith and Charitie and incorporated into his bodie and Church The Ievves might not marrie vvith of ther trybes for the promise was mayd to Abraham and his sead which was not to be stayned vvith vnpure blood and a commixtion of paganisme but novv the promise is alreadie performed and the iudicial lavv is abrogated Yea but that showeth that god disliketh that his Children should be defiled vvith the mixture of a superstitious people Trevv but who ar the superstitious and which is the trew religion is an other quaestion Bothe ar Christians both ar baptized in that name bothe laye hold on the promises testaments and the gospell bothe saye one Pater noster and one Credo both reuerenc the 4. first general counsels but vvho is the Catholick is filius Christs of the surer syde by the moother Church And of the elder howse Besides is it so strainge to heare that a protestant should match vvith a Catholick To passe ouer Quene Elizabeths treatie with Monsieur ded not Henrie the king of Nauarr the protector of the reformed churches in France marrie with the french kings sister a Catholick in regard of bonum publicum and yet the Elders and consistorie of Geneua ded not condemne that nor reprooue hym for that Ded not the same king aftervvard match his sister a famous protestant with the Duke of Lorraine one of the Champians of the Catholick churche Ded not Levves the Prince of Conde the Archipiller of the french church apprehend vvith great applavvse the overture of a marriage vvith Marie Quene of France and Scotland which certanlie had bean
Lodouic of HelpheÌ„steyn and ded either murder or captiuate all the noble men they could encounter Besides they sacked and destroyed all churches and as Conradus VVimpin testifieth onelie in that one circle of the empyre they pilled pulled down and spoyled neare thre hundred monasteries castles and forts And yet these reformers pretended that they took armes for edification is it not licklie But for vvant of victualis and other necessaries as multitud and furie arr seldome prouident they vvear forced to deuide ther campes and somme of them marched to vvards the Duchie of Wittenbergh vvho by Truchâ—es generall of the league of Sweuia vvear all put to the svvord or to flight but the greatest nomber remained in Franconia And bycause these tumults tended so directlie to a deuastation of allstates and lavves therfor Iohn Duke of Saxonie vvho had before tollerated Muncerâ— preaching in Alstadt and his vncle Duke George together vvith other princes ioyned ther forces together the emperor being in Spayne and at frankhuisen mayd a bloodie execution and slaugh terof all the Paisants in the camp Whear Muncer and Phifer vvear taken and executed and aboue a hundred thovvsand men lost ther liues in these tumults and rebellion Yet could not this feare full vvarning serue to coole the heate of those zealous vvarriers for in Alsatia they mayd a nevv vproare vvhear aboue tvventie thovvsand of them vvear slayne by the count Palatine and Anthonie Duke of â—orram And after that an other multitud put them selfs in armes at Petersheim in the territorie of vvormes vvho vvear likewise defeated and put to the sword To conclude no part of the bodie of the empyre was cleare from that plague of conspiratie for as the bowers in the contrie so the common people in the imperial townes conspired together to reforme religion and to remoue such magistrates as supported the old At Erford the people degraded and committed all ther officers At Frank-fort with more furie they spoyled the churches banished the cleargie and placed all authoritie and gouernement of the cittie in tvventie fowre commoners to vvhome they gaue all command and ruleâ— they created all nevv magistrates mayd new lavves expelled the ancient senators and the whol cleargie not withowt terror and menaces and they selected and sett down fourtie seauen articles owt of Luthers gospell which they decreed should be religioustie obserued and obeyed and which they imparted to ther fraternitie at Coolen and Mentz wheare thre whole dayes the people stood in armes together locked vp the gates and mayd them selfs lords and maisters of the citties And the same spirit like wise mooued diuers priuate men by ther own meand to attempt reformation So Frances Sicking a Lutheran owt of his zeale yet some geue owt that he was incited by Bucer and Oecolampad to that action leuied diuers companies inuaded and spoyled the territories of the Bushop of Trier took by assalt a strong place of the princes possessions and marched with his armie to the verrie walls of Trier purposing to beseage that withowt anie iust cawse of warr or particuler quarrel Whear yf he had preuayled the riches of that place and some others depending of that would both haue encooraged and enabled them to greater attempts But he vvas forced to retyre and so being apprehended he and his complices vvear iustlie attainted and ther lands confiscated And to maik vp the totall some of all the miseries of Germanie in full measure this inundation of furie was so generall that they mayd all church goods a praye and bootie broke Down Cathedral churches ransacked all monasteries and robbed and subuerted both Bushops and Bushopricks as Magdeburgh the seate of the Primate of the empyre Bream Lubeck and fourten moe such is the furie and deformite of sedition So as the Imperiall chamber at Spyres vvas long afterward much disquieted and trovvbled vvith Actions complaynts and petitions for these spoyles And Charles the Emperor hymself was maruelloustie perplexed how to taik order for a cessation of these disorders how to staye the violent course and torrent of these reformers and how reparation and satisfaction might be mayd And therfor he ded appoint Commissioners long after by his edict 1544. to enquire of bona Ecclesiae inuasa for before he could not hauing had his hands full and enough to doe to defend hym self All which things arr recorded and testified by Cochlaeus whose writings vvear published before Luthers death and yet was never hither to challenged for anie false information by Pontanus Surius Hortensius Montfort Flor Raemond Sleydan and others I protest and profess I haue vsed sincearitie in reporting and citing the euidenc I had from so manie worthie witnesses and as the Romans vsed to say at ther making of leagues Ita me Iupiter si sciens fallo But I feare yow ar tyred with hearing Liuius so much calamitie at once and in one contrie which was wrought partlie by Lutherans partlie by such as had drawen ther doctrine owt of Luthers fountaines for how can the water be vncorrupted when the spring was so poysoned and infected at the head I know heare will be great exceptions VVhether Luther may trevvlie be accused to haue bean the Cavvs of all theâ—â— troubles taken against me that I laye these tumults to Luthers charge aswel the insurrection of the Anabaptists as of the rest aforesayd who writ vehementlie to reprooue ther actions and gaue them neither occasion nor harting and euer disliked the illusions and phantasies of Mâ—ncer and his followers and neuer was deseruedlie accused for anie doctrine of sedition hauing oft preached in the defenc of magistrates and ciuil gouernment as Doctor bilson affirmeth Thouching these excuses or rather fables yf yow fynd them all sufficientlie disprooued I leaue it to yowr iugment how to censure D. Martin and his Champions First examin seriousslie whether Luther 1. was a cawse of these trowbles and yow shall discern plainlie that his positions and exhortation gaue the principall grovvnd and occasion of all that his bull against the Cleargie his inuectiues against all Ecclesiasticall persons and orders blew the coles that fyred all and animated the people vnder coolor of zeal and reformation to pull down all For what man is so senceles that would not be mooued to contemn all authoritie and seak to enfranchise hym self and fight vnder the banner of libertie when he shall heare such a popular sermon that princes ar tyrants Bushops blind guides Religious men Idolators and that all Christians haue and ought to enioye the great Charter of free libertie and ar not bownd in conscienc to anie mans lawes and constitutions And yf he preached such doctrine as before yow haue partlie hard he ded then was not he the Primatiue and cheafe Boutefeu of all Cochlaeus in his Miscellanea citeth this one place of Luthers lib. 1. Exhortat ad pacem In seculari regimine nil amplius facitis nisi excoriatis subditoâ— ad susimendam pompam vestram
ther harts which is an antidote against treason And that I think the cawse vvhy in the 45. yeares of the Quenes raigne as I haue hard ther vvear onelie 2. secular preasts convinced and attainted for actual Treason Ballard for knowing and concealing the attempts of A. Babington and ovvld parson Plometree for saying Mass at the rising in the Northe for I never hard of anie other treason he committed yet it is straing to see vvhat a malicious extension of offences they make vvhat inuectiues vvear published against them and ther vocation what sermons proclamations lawes wear mayd in thunder and â—eâ—â—or against these poor soldiers of the Churche militant vnder the banner of Christ and what crosses and sufferings haue they not endured the onelie Colledg of Rheams and Douay besides all other religious orders can best testifie the rigor who smarted most by it sending into the Haruest of the Lord aboue 100 labourers who all suffred for res mere spirituales for being preasts and doeing the office and for no other treasons as hearafter shall be explained 5. But fullie to cleare and purge them from all iust scandall and calumniation I will confirme and iustifie ther innocentie and ther loyall harts to Quene Elizabeth obsignatis tabulis Anno 27. Elizab it vvas mayd fellonie to receaue and harbour a preast and treason to be a preast and the act ded look back verrie crevvellie to 1. Elizab. that who vvear mayd preasts since should be branded with that mark The which lawes vvear mayd in regard of Parries treason of Frances Throgmorton of Babington and his complices and of Fa. Campion and the peasts vvith hym arraigned vpon the conceipt and opinion had of there practises and combinations for restoring religion and for deliueranc of the Quene of Scotts all vvhich vvear then fresh in memorie Whearupon the preasts then being in England framed a supplication by common consent and deliuered the same to the Quene at Gren vvich by the hands of maister Shellie for the vvhich secretarie Walsingham committed hym to the marshalsie vvhear he dyed bycause the counsell vvear not mayd first acquainted vvith yt In that petition first they renounced and condemned Parrie his practises then they declared ther opinion in these vvords 1. We for our parts vtterlie denie that either the Pope or the Cardinalls haue povver or authoritie to command or licens anie man to consent to mortall sinn or to committ or intend anie fact contra ius diuinum 2. Who soeuer he be spirituall or temporall that deliuereth or mantaineth so apparent sacriledg we renounc hym and his opinion as deuelish 3. For our trew purgation we protest before God that all preasts who ever conversed with vs haue acknowledged your Maiestie ther lavvfull Quene tam de iure quam defacto and pray for yow and exhort your subiects to obey yow 4. They preciselie admonish vs that it is haeresie for anie subiect to lift vp his hand against Gods annoynted And so by this supplication they answered all the six articles which wear vsuallie tendered and obiected to all preasts Then how doe these men deserue to be charged for defending propositions of treason or corrupting the subiects or attempting against the sacred person of Gods anointed ded those ther opinions geue anie cawse to maik such seuear lavves against them or to continew them But I will maik ther loyaltie yet appeare more plainlie after the Gunpowder Treason the name and memorie wheareof doth yet greaue the harts of all good Catholicks first the Archpreast ded vtterlie condemne it by writing as a most detestable and irreligious deuise And the preast them self aswel for ther own purgation and to clear ther vocation and societie from an imputation so odious as also to testifie and approoue ther obedienc and loyaltie they exhibited thre petitions One to his Maiestie an other to the Parliament by the hand of Seigneur Frances Hastings and Syr Richard Kinghtlie and an other to the Earl of Salisburie protestations of there innocentie and testimonies of ther fidelitie and dewtiefullnes What could they doe more or what could be desyred more of them therfor his Maiestie in his proclamation 7. Nou. graciouslie declared his good opinion and assurance of the Catholicks in these words VVear sayd he by good experienc so vvel persvvaded of the loyaltie of diuers subiects of the Roman religion that they doe as much abhorr this detestable conspiracie as vve our selfs and good reason for therby all should haue perished togeter of both religions Which induced father Garnet who was there confessor to protest his dislike allwaies of it and to repent his fault sorrowfullie which vvas onelie in concealing it and vvhich he conceaued that he ought not to reueal knovving it onelie by ther confessions and vvhich also mooued Syr Euerard Digbie to lament his ill fortune that he should leaue behind hym the memorie of such a loath some stayne tho he was not mayd priuie to ther drift and purpose What nead I say more how farr Preasts and Catholiques ever detested sedition and treason appeareth by the treatise of that learned Bushop D. Christopherson against rebellion and vvould yovv knovv hovv much those of Rheames condemned treason and disobedienc Read pag. 301. ther notes vpon the testament latelie printed Subiects vvear bovvnd in temporall things to obey the heathen being lavvfull kings and to be subiect to them euen for conscienc to keap ther temporall lavves to pay them tribut to pray for them and to doe all other natur all devvties And yet Doctor Kellison goeth further for in his learned Suruey he giueth a good reason for it Bycaus saith he faith is not necessarily required to iurisdiction neither is authoritie lost by loss of faith which opinion Waldensis ded long since defend with great iudgment against that monstruous opinion of Wiclef Nay further they teach obedienc for conscienc sake not for onelie feare of punishment and penalties of the law for lawes ar never so vvel obserued as when they ar enacted in the conscienc of the people he that obeyeth for pollicie onelie may disobey for pollicie which varieth vpon occasions and so doth his obedienc with it 7. But yf yow desyre yet to be better assured and satisfied I will show yow the opinion of the Bushops and prelates of Quene Maries tyme. The new deuised six articles composed by D. Hammon vvear proposed to all preasts as the touchstone to trie ther loyaltie 1. whether the bull of Pivs V. wear a sentenc to be obeyed 2. whether Q. Eliz. wear a lawfull Quene not withstanding the bull 3. whether the Poâ—e had power to geue authoritie to her subiects to rebell and depose her c. Vpon these quaestions Bushop Watson Abbot Fecknam D. Iohn Harpesfeald D. Nicholas Harpesfeald and others wear curiouslie examined Some of them answered they never see the bull but all of them professed ther obedienc notwithstanding the bull et vt verae reginae obediendum And fullie Nichol. Harpesfeld resolued
and diuers others and with drew them from ther obedienc Bycause it is a matter which concerneth all preasts it is necessarie to examin it with deliberation Cuthbert Mayn was indited at Launston 1577. that he had and obtained from Roome a bull and instrument for absolution and that maister Tregion knowing hym to haue obtained the same 20. April after ded ayd and mantaine hym and was reconciled These wear the accusations and iudg of them 1. First for his reconciling Mayn answered that they wear deceaued preasts ded vse to reconcile men onelie to God neither by reconciliation was euer anie man withdrawen from his remporal obedienc by anie consequenc but rather had a greater obligation 2. And touching his being at Room and procuring this bull of the Pope he sayd he vvas never at Room nor sought to obtain from thenc anie Bull at all for absoluing anie man 3. Moreover that it was copie of a bull printed which he bought at Douay onelie to peâ—ule and see the manner of it 4. But that which is most to be noted is that it was printed at Douay and by the enditement he was accused that 1. Octob. 1597. he ded obtain from Room the afore sayd instrument for the law intended that the trespassor should obtain immediatlie from the Pope not a copie but the instrument it self and that it should contain some matter preiudiciall to the Quenes person or the quiet and good of the state or to seduce and corrupt the subiects for it is not to be imagined that the parliement would maik that treason by which no hurt nor dainger can ensew to the state 5. But what bull was this that maketh the matter cleare it was a bull concerning the Iubilie which by the Pope is granted of course and not at the suit of anie priuate person and for all contries not for anie one and once in 25. yeares and that bull ded continue in force butone yeare which yeare was ended 1575. and so the date of the instrument was expyred before he bought it much more 1. Octob. 1597. when he was endited so yow see parâ—uâ— iunt montes Yet bycause he had the bull tefused to come to the Church and obey the Quenes proceadings iudg Manhood tould the iurie whear manifest proofs can not be had persumptions must be allowed and therupon the iurie fovvnd hym guiltie though the enditement contained altogether matter insufficient and impossible and neither answearable to the words nor senc of the statut For in this bull ther wear neither words nor matter to withdraw or seduce anie subiect from dew obedienc neither vvas ther anie thing preiudicial to the Q. to be executed Notwithstanding maister Tregion lay long in prison emong fellons in a dongeon noysom for smells toads c. fed with bread and water and was afterward condemned in the premunire and his lands seazed by writ from the excheckor and the date of the vvrit vhas before the iudgment giuen as yf they knew it should be so he was prisoner 16. yeares an ancient gentlmen and honorablie allied and his lands 1000. pownds of old rent and tho it was entayled yet the knight marshall fownd means to avoyd it who had begged his lands of the Quene And all this vvas but for religion and vpon false accusation of one Twigs a parish Clack who affirmed that he had speach with Mayn at Christenmas 1575. and at that tyme was Mayn at Douay But to go forward ex pede Herculem by this iudg of the rest which is so much obiected Touching the rising in the North and 7. The Bull of Pius V. the attempts of Babington and his complices they wear mixt actions not for religion onelie or state onelie but for bothe and not procured by the suite and sollicitation of religious men but owt of ther ownzeal and compassion of the Quene of Scotland whome the Earles accoumpted nearest allied to the crovvne And such actions ar not comprehended vvithin the compass of the Question I am to cleare and discusse 1. But concerning the bull of PIVS V. Preasts vvear not to ask the reason of the Popes doeings yet yovv may fynd some of the reasons specified in the bull diuers haue ascribed it partlie to the soodain reuolt of England from the Church partlie to the prouocations mayd by the ministers there who in euerie pulpit vvhotelie and slanderouslie proclaymed the Pope Antichrist and the man of perdition and some haue attributed it to minsinformation of the Quenes case and the Catholicks But I am sure manie graue men vvear sorie that it vvas either procured or defended 2. And C. Allen vvitnesseth multos illud factum agre tulisse as before yovv see Bushop Watson and the rest ded and he wished that it had bean Dei iudicio reseruatum 3. And Fa. Parsons and Campion sollicited the mitigation thereof as appeared at his arrainment that it might not bynd the consciences of subiects to disobey the Quene Whearupon Gregorie the 13. declared withowt anie limitation or restraint that subiects ought to performe all dewties to Quene Elizabeth notvvithstanding the censure 4. Lastlie yow may probablie coniecture that the Popes ar not lightlie induced to vse so extream courses seing they neither sought by such censures to disturb the peace of k. Ed. 6. of the kings of Scotland Denmark Svveden the Duke of Saxonie or Marques of Brandenburg Neither doth it at all touch the Catholicks nor the present state for actio moritur cum persona which is the thing most concerning vs. The greatest blott is that ther vvear 8. The preasts more treasons by the preasts committed in Q. Eliz. tyme then euer wear in anie age by protestants and that is no quaestion disputable bycaus it is manifestè verum near 200. preasts and religious haue bean executed for that offenc In dead Norton D. HammoÌ„ and Topclif affirm that it is trew but bycaus Catholicks denieit let vs examin whether it be a trew Thesis no preasts wear executed for religion but for Treason 1. And to determin that the better enquire what be the acts for which they ar condemned to be a preast to come ouer into England to refuse the vath to say mass 10 absolue and â—econcile to preach and minister Sacraments and to bebred vp in the Seminaries Ar these matters of State and not of conscience temporall and not spiritual crimes of treason and not religion Ther must then be a new lexicon de verborum significationibus for els in forrein contries they will exclayme bycause it toucheth them all by participation both in conscienc and câ—edit who ar preasts and fynd ther function and profession so tainted 2. Thâ—n consider and defyne what is treason The best definition thereof is the statut 25. Ed 3. which was mayd according to the common lawes of England how know yow that maister Ploydons opinion directeth me In that act the Question vvas what was treason by the common law now saith he it is a principle in