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A00908 A defence of the Catholyke cause contayning a treatise in confutation of sundry vntruthes and slanders, published by the heretykes, as wel in infamous lybels as otherwyse, against all english Catholyks in general, & some in particular, not only concerning matter of state, but also matter of religion: by occasion whereof diuers poynts of the Catholyke faith now in controuersy, are debated and discussed. VVritten by T.F. With an apology, or defence, of his innocency in a fayned conspiracy against her Maiesties person, for the which one Edward Squyre was wrongfully condemned and executed in Nouember ... 1598. wherewith the author and other Catholykes were also falsly charged. Written by him the yeare folowing, and not published vntil now, for the reasons declared in the preface of this treatyse. Fitzherbert, Thomas, 1552-1640. 1602 (1602) STC 11016; ESTC S102241 183,394 262

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religion condemned and therfore as the whole Churche hath hetherto held and honored those old Christians for glorious martyrs so doth it now at this day and euer wil esteeme these other for no lesse as I haue shewed in my Apology more at large and therfore I wil proceed to speak a woord or two of the great iniustice donne since my Apology was writtē to two priests called M. Hunt and M. Sprat condemned and excuted at Lincolne in the yeare 1600. These two being taken in a search and confessing themselues only to be Catholykes were first imprisoned and then shortly after indited for hauing conspyred and practised the death of her Maiesty mooued her subiects to rebelion withdrawne them from theyr natural and due obedience and from the religion now established in England to the Roman fayth and finally for hauing mayntayned the autority of the Pope of all which poynts no one touching matter of state was proued against them no witnesse being produced nor so much as the least presumption of any attempt or cōspiracy against her maiestyes person or state or that rhey had persuaded any man to the Catholyk religion ot sayd any thing in fauour of the Popes autority more then that which they answered to the captious question of the Queenes supremacy demaunded of them there after their apprehension lastly it was not so much as proued that they were Priests which though they denied not yet they did not confesse but put it to tryal vrging to haue it proued by witnesses or other sufficient arguments whereas there was none at all but light presumtiōs therof as that there was found in thir males two breuiares which many lay men vse as wel as Priests and a few relicks and some holy oyle which they might haue carried for other mennes vse not their owne so that to conclude of all those great treasons whereof they were indited there was no one proued except the matter of the Queenes supremacy which is a meere poynt of religion as I am sure the puritans in England and all other heretykes abroad wil witnesse with vs who impugne the same as wel as wee and yet neither by the verdit of the Iury nor yet by the sentēce of the Iudge were they cleared of any one point but condemned for all as though they had bin guilty of all and so in truth executed for matter of religion though slandred with matter of state whereby their martyrdome was far more glorious the malice of our aduersaries more manifest the iniury donne vnto them vnexcusable the sinne of the Iudges and Iury most execrable which sufficiently appeared by the iustice of God extended vpon Iudge Glanduile who had shewed an extraordinary malice and fury agaynst them and was therfore as wel may bee presumed within a few dayes after strooken by the hand of God in such miraculous man̄er as the rest may take example therby yf their harts be not indurat And besydes these late martyrs before rehearsed M. Tichborne M. Fr. Page and M. R. Watkinson were arraigned condemned at London for beeing made Priestes beyond the seas and coming into England contrary to the statute were executed at Tiburne the 20. of April this present yeare 1602. beeing there not suffred to declare the truth of their cause and suffrance And this was donne euen at such tyme as hope was both giuen and conceaued of a more mylder cours of proceeding towards Catholykes then heretofore It is moste grieuous to consider how M. Tichborne by one of his owne cote was betrayed and apprehended almighty God vouchsafe to restore to that wretched man so great grace as he fel from in the dooing of that acte M. Page and M. Watkinson were apprehended in the tyme of the sessions the one by a wicked woman suborned to dissemble religion for such purposes the other by one Bomer who hauing late before playd the dissembling hypocrite spy at Doway returned into England there to become the disciple of his master Iudas At the same sessions was condemned for fellony and also executed one Iames Ducket a Catholyke lay man and another lay man with him about a treatise written by a martyr diuers yeares since concerning the cause of Catholyke sufferers OF THE IMPVDENCIE OF a minister who being present at the death of two martyrs aforesayd affirmed publykly that our country was conuerted by saynt Augustin the monke to the protestants religion by occasion whereof the truth of the poynt is euidently declared CHAP. IIII. I Can not omit to say somewhat here of the notable impudency of a foolish minister who being present at the death of the two martyrs at Lincolne aforenamed and hearing one of thē declare vnto the people his innocēcy protesting amongst other things that he dyed only for the profession of the Catholyke fayth to the which our country was conuerted from paganisme in the tyme of Pope Gregory the great was not ashamed to say publykly that the religion now taught preached there is the same wherto England was first conuerted And although I hold not this minister for a man of that woorth that he may merit my labour or any mans els seriously to confute his ydle babling yet for as much as the same hath bin oft published and preached by many others and many ignorant abused therby and seing the narration of our first conuersion may no lesse profit and edify the vnlearned reader with the testimony of the truth then content and delyte him for the pleasure of the history I wil breefly treat first of the cōuersion of the Saxons or English in the tyme of King Edelbert and after of the conuersion of the Britains in the tyme of King Lucius euidently proue that our Catholyke faith was preached and planted in our country at both tymes and that our Kings and country continued euer after the latter conuersion in the obedience of the Church of Rome vntil the tyme of K. Henry the eyght It appeareth by our chronicles and histories that in the yere of our Lord 582. according to S. Bedes computation S. Gregory surnamed the great the first of that name sent into England saynt Augustin a monke with diuers others of his profession to preach the Christian fayth to the English and that they came thither bearing a siluer crosse for their banner and the Image of our Lord and sauiour as saynt Bede saith paynted in a table and hauing leaue of King Edelbert to preach to his subiects began first the exercyse of Christian Catholyk religion in the citty of Canterbury in an ancient Chutch which they found there dedicated to S. Martin from the tyme that the Romans liued there in which Church ipsi primo sayth saynt Bede conue●ire Psa●l●re orare missas facere praedicare baptizare coeperunt they first began to assemble themselues to sing to pray to say masse to preach and baptise vntil the King being conuerted they had ●eaue to buyld some Churches and
eucharist whereof I haue spoken already but also before when he promised it for that whē soeuer he spoke therof he represented the same to the vnderstanding of the hearers as a body sacrificed dead not speaking of his whole person or of himselfe as liuing but of his flesh of his body of his blood as my flesh is truly meate and my blood is truly drink and the bread which I will geue is my flesh this is my body this is my blood or if he spoke of himselfe or of his person it was with an addition to shew that he was to be eaten as when he sayd he which eateth me liueth for me which kynd of speech made some of his disciples forsake him say●ng it was durus sermo ae hard speeche conceauing therby that they were to eate him dead as other flesh bought in the shambles wheras he spoke in that manner to signify that he shuld be sacrificed before he should be eatē and therefore he euer spoke of himselfe as already killed and dead for that no creature whyles he is liuing is in case to be eaten as S. Gregory Nissen doth note very wel in the place before alledged in which respect Paschasius also sayth that our Lord is killed to the end wee may eate him and Isichius that Christ killed himselfe when he supped with his disciples not because he is truly killed or doth truly dy but because he dyeth mistically that is to say for that his death is mistically and truly represented by the separation of his blood from his body vnder seueral and dyuers formes of bread and wyne for although by reason of his immortality and impassibilytie he cannot dy neyther yet be so deuided but that he remayneth whole vnder both kynds yet for as much as the forme of wyne rather representeth his blood then his body and the forme of bread rather his body thē his blood according to the very woords of our sauiour saying of the one kynd this is my body and of the other this is my blood it followeth I say that by reason of this separation wrought by the force of the woordes of consecration he is exhibited in the Sacrament as dead and so dyeth in mistery as wel to represent his death vpon the crosse as also to offer himselfe in sacrifice to his father for the which it is not of necessity that he truly and realy dy but it suffiseth that he dy in some sort that is to say mistically for although all liuing creatures that are sacrificed are offred to God with the losse of their lyues and so are made true sacrifices yet in such other creatures as are not subiect to death it sufficeth that they be offred to almighty God and receiue withall some notable mutation or change to make the action to be sacrifical and different from a simple oblation for when any thing is offred to God and remayneth stil in his owne kynd forme and nature it is called an oblation so the first fruits the tythes the first begotten or borne of liuing creatures yea and religious persons as leuits and others in the old law were only offred to God for that they were no way changed wheras al things sacrifysed were eyther wholy destroyed or consumed by swoord or fyre or els at least receiued by the actiō of the priest some notable mutation Therfore seeing our sauiour being now eternal immortal and impassible is not subiect to death nor to any destruction or mutation by losse of his lyfe it sufficeth to make him a true sacrifice that he be offred to God with such mutation or change as may stand with his present state and condition as wee see he is offred in this sacrifice wherein the selfe same body that was borne of the blessed virgin Mary and is now in heauen glorified with the proper forme and lineaments of a natural body is by the omnipotency of our sauiours woords pronounced by the priest represented vpon the altar as dead and in formes of bread and wyne his body to be handled broken eaten and his blood to be dronke or shed as the body or blood of any other liuing creature that is killed in sacrifice wherby he is also in some sort cōsumed for that his body being eaten and his blood dronke he looseth the forme and peculiar māner of beeing that he hath in the sacrament which beeing deuynes caul Sacramental in respect of all which admirable mutations S. Augustin doth notably and truly apply to our sauiour in this sacrifice the history of King Dauid when he changed his countenance as the scripture sayth before Abimelech or king Achis for they are both one which he sayth was verifyed in our sauiour Christ when he changed his countenance in the priesthood and sacrifice of Melchisedech geuing his body and blood to be eaten and dronk There was sayth he a sacrifice of the Iewes in beasts according to the order of Aaron and that in mistery and there was not then the sacrifice of the body and blood of our Lord which the faythful know and is dispersed throughout the world and a litle after shewing how Melchisedech brought forth bread and wyne when he blessed Abraham he teacheth that it was a figure of this sacrifice then prosecuting the history how Dauid being taken for a mad man went from Abimelech which signifieth regnum Patris that is to say as he expoundeth it the people of the Iewes he applyeth also the same to our Sauiour saying that whē he told the Iewes that his flesh was meat his blood drinke they took him for a mad man and abandoned him wherevpon he also forsook them changing his countenance in the sacrifice of Melchisedech that is to say leauing all the sacrifices of the order of Aarō and as it were disguysing him-selfe vnder the formes of bread and wyne which was the sacrifice of Melchisedech he passed from the Iewes to the Gentils This is the effect of S. Augustinus discours in that place concerning the mutation or change incident to our Sauiours person in the sacrament of the Eucharist and requisit to the sacrifice whereof I treat wherby it hath the nature of a true sacrifice as I haue declared before which being considered with the circumstances of our sauiours owne woords as wel in the promise as in the institution thereof all signifying that his flesh his body aud his blood was to be eaten dronk as of a creature killed in sacrifice yea that the same was then presently geuen or offred by him to his Father for his disciples who represented the whole Churche and for remission of sinnes besyds his manifest allusion to the promulgation of the old Testament dedicated with the blood of a present sacrifice and lastly the consent of the learned Fathers of the Churche confirming our Gatholyke doctrin in this behalfe no reasonable man can dout but that our Sauiour at his last super did ordeyn the Sacrament
held but for a cold and weake Catholyk and the later suspected to be a protestant as in deede he was then newly come from England without any recommendation or testimony of his affection to Catholyke religion or of his good behauiour could winne so much credit so quickly amongst such principal Catholykes as to be admitted to their councels yf they had held any and to bee made partakers of so high a secret especially seing that the Catholykes on this syde the sea are not ignorant that spyes are dayly sent from England to discouer what passeth amongst them in which respect they are so farre from trusting in weighty affayres those they know not as they hold suspected those of their owne religiō that come from thence and bring not sufficient recommendation what shew otherwyse soeuer they make of zeale to the Catholyke sayth Is it then credible that so many graue personages Doctors Priests and gentlemen all of them wyse and men of experience would recommend such a matter as the killing of her Ma tie to men vnknowen vnto them suspected yea and mercenary seing as the pamphlet sayth they ment to do yt for hyre did they not know seing all the world knoweth yt that no man can attempt such a ma●er without loosing his owne lyfe or putting the same in euident daunger whether hee hit or misse whereof the late examples aswel of those that killed the Prince of Orange and the last King of France as of those that haue fayled to kil him that now raygneth do geeue sufficient testimony in which respect neither those two that were supposed to vndertake this act for recōpence could haue any probable hope euer to enioy the reward promised neyther those Priests and gentlemen could persuade themselues with any reason that these or any others that should promise to doe the same for any such consideration of reward would euer execute it Furdermore is yt probable that those two which should doe the fear would consent that a matter so daungerous for them should be communicated to so many or that the principal of the sayd supposed councelers being men of greate consideration dayly practised in affayres would condiscend to treate such a matter in a councel of men so different in quality and humours as it is wel knowne they were that the pamphlet nameth seing some of them for causes not vnknowne I am sure to the pamphleter did fears communicate togeather in matters of common conuersation and much les in matters of such importance yea and that some others of them were held suspected of 〈◊〉 of that company to haue secret intelliligence with some councellours in Englād for the which they were afterwards cauled in question and therefore it were an absurd thing to think that so many so diuersly disposed and affected and some of them suspected of the rest should treat togeather a matter of so great secresie weight and daunger as the killing of her Mayesty besyds that it is euident and vpon my knowledge I affirme it that of those which were named to be of this immaginary councel at Brussels some did resyde ordinarily in Antwerp some at S. Omers and some at Mastrich yea and were in the sayd places of their ordinary residence at the same tyme that the pamphleter sayth they held these coūcels at Brussels which being knowne in Flanders to be most true did serue notably for the detection of this slaūderous fiction among the wyser sor● of those of that country which did read the pamphlet in french or duitch who wondred no lesse at the autors impudency in this behalf then they laughed also hartely at his folly when they noted the ridiculous iest of f● Holts carying the blessed Sacrament to the supposed councel his kissing it swearing vpon it when he did minister it to Williams and Yorke which are things so farre from the custome and vse of the Catholyke Churche as euery child on this syde the sea knoweth it to be an impudent and grosse lye And where as the pamphleter relyeth wholy vpon their confessions for the iustification of their condemnation yt is most certayne that howsoeuer they might be forced by torment secretly to confesse those particulers or otherwyse falsly to accuse themselues as Squyre was yet Williams at his death vtterly denyed the same and as for York yt was euident ynough that he dyed distracted of his sences and was not in case to deny or confesse any thing at that tyme as all those that were present at their deaths maye wel remember And as for Patrick Cullen of whome I wil speak a woord or two yt is manifest that he neuer confessed eyther publikly or priuatly that he was any way employed against her Ma tie person which at his death M. Toplif acknowledged sufficiently when he sayd vnto him yt is now no more tyme Cullen to disguise the matter seing thou must dy and therefore confesse thy treason and aske her Ma tie forgiuenes whereto he answered that he called God to witnes that he was neuer employed against her Ma tie no● came into England which any such intention and yet the pamphleter affirmeth that he was also condemned vpon his owne confession though he lay downe no particularities nor circumstances therof in which respect it needeth no furder answere and therefore to conclude yt resteth only that I here protest as I do before God that I be●ng at Brussels at the same tyme that these men were executed and the pamphlet published some of the principal of those gentlemen that were slandered with these matters did sweare vnto me and take it most deepely vpon the charge of their soules that they neuer had any acquaintance or conference with Williams and York in their liues nor euer knew them otherwyse then by sight that there was neuer held amongst them any such councels or assemblies nor any of those 3. anie way employed against her Ma ties person for ought they knew which as I take my selfe in conscience bound to beleeue knowing the greate integrity and vertue of the parties as I do so I haue thought good vpon this occasion to testify it vnto your Lordships and to all others that shal read this Apology for your more aboundant satisfaction in this behalf OF THE ENDS THAT OVR Aduersaryes haue or may haue in slaundering Catholykes with such treasonable attemptes first of the end that they haue common with all persecutors of Gods Churche and how much they faile of their purpose therin CHAP. XVI IT appeareth my Lords by these examples that the slaundering of Catholykes with treasonable attempts in our coutry is no new practise but an old for many yeares and so oft reiterate that it is now growne to be stale and a common custome or rather held for a special and necessarie point of state but with what benefit to the state it shal be discussed after when I shal haue brieflie declared the ends that the Autors of these calumniations haue or
doing other workes of deuotion as I declared before he addeth mansit haec Christi capitis membrorum consonantia suauis donec Arriana perfidia c. this sweet consonance or agreement of the members of Christ the head remayned vntil the Arrian heresy spread her poyson there and although he insinuat as saynt Bede also doth that afterwards the people became new fangled and embraced other heresyes meaning no dout the Pelagian heresy which as I haue shewed before out of S. Bede was quickly extinguished there yet afterwards he signifieth playnly that neither the Arrian nor Pelagian nor any other heresy took root in Britany and that the Churche was cleare therof after the cōming in of the Saxons about the tyme of his byrth which was in the yere of our Lord 594. for speaking of the tyme and of the ouerthrow geuen by Ambrosius Aurelianus to the Saxons and Picts and of the great slaughter of them shortly after at blackamore in York-shire which as Polidore supposeth is called in Gildas mons Badonicus he sayth that the people hauing noted the punishment of God vpon them for their sinnes and his mercy in giuing them afterwards so greate victories ob hoc reges publici priuati sacerdotes ecclesiastics suum quique ordinem seruauerunt for this cause saith hee the Kings and others as wel publik as priuat person●● Priests and ecclesiastical men did euery one their dutyes and although he declare presently after that by the extreame negligence of their Kings and gouernours ecclesiastical and temporal which immediatly succeded greate corruption was entred at the same tyme that he wrote yet it is euident ynough in him that it was not corruption of fayth but of manners as pryd ambition dissolutiō of lyfe drōkenesse lying periury tyranny in the Kings simony couetousnesse in the clergy sildome sacrifices breach of vowes of chastity and of monastical lyfe profaning of altars and such lyke for the which he threatneth and as it were prophesyeth the vtter destruction of Britany which shortly after followed so that amongst other things which he was persuaded brought the plague of God vpon our country we see he taxed certayne customes peculiar to our aduersaries and the proper fruits of their religion tending only to the ouerthrow of ours therfore it playnly appeareth that ours was then in vre and receiued detriment by those who though they were not protestants in profession yet were protestants in humour and condition I meane profaners of Altars and holy things breakers of vowes of chastity and Apostatats from religious and monastical lyfe such as Luther and many of his followers haue ben since And now to come to later tymes after Gildas yf we consider the relicks of Christian religion which saynt Augustine found in Britany amongst other things the great monastery of Bangor wherein were aboue two thowsand monks it wil be manifest that the ancient religion of the Britains was our Catholike fayth for although in the space of a hundreth seuenty and three yeres that passed from the comming in of the Saxons vntil their conuersion the Britain Church was not only much decayed but also had receiued some aspersion of erronious and euil customes yet in fayth and opinion they diffred not from S. Augustine insomuch that he offred to hold communion with them if they would concurre with him in three things only the first in the tyme of celebrating the feast of easter the second in the manner of administring the sacrament of Baptisme and the third in preaching the faith to the Saxons all which the monkes of Bangor refused vpon no better reason then for that S. Augustine did not ryse to them when they came to the synod condemning him therefore to be a proud man notwithstanding that he had restored a blynd man to sight by his prayers in the presence of all the Bishops and clergy of Britany who vndertooke to do the lyke in confirmation of their customes but could not performe it Therfore as saynt Bede reporteth S. Augustine did foretel to the sayd Monkes of Bangor that seing they would not haue peace with their brethren they should haue warre with their enemies and yf they would not preach vnto the English nation the way of lyfe they should by their hands receiue reuenge of death which after was truly fulfilled for Edelfrid a pagan King of Northumberlād killed a thousand two hundred Monkes of that monastery at one tyme by the iust iudgement of God as saynt Bede sayth for their obstinacy Thus much for this matter wherby thou mayst see good reader that saynt Augustine found in wales amongst the Britains the same religion faith in substance that he then preached to the English or Saxons and which we Catholykes stil professe which being considered with that which I haue proued before concerning the continual practise therof in the primatiue Church of Britany whyles the same was in purity and integrity no man that hath common sence can dout that the same fayth was deliuered by Pope Eleutherius to King Lucius and generally professed throughout Christendom at those dayes in which respect we fynd honorable mention and testimony of the faith of the Britains in the Fathers both Greekes and Latins from the tyme of their conuersion as in Tertulian in K. Lucius tyme and in Origen presently after in S. Athanasius and S. Hilarius in the tyme of the Arrians of which two the first testifieth that the Bishops of Britany came to the councel of Sardica and the other commendeth the Britan Church for reiecting the Arrian heresy as I haue noted before also in S. Chrisostome and saynt Hierom who commendeth the deuotion of the Britans that came to Bethlem in pilgrimage in his dayes about the same tyme that the Saxons entred into Britany CERTAINE POINTS OF CONTROUERSY are discussed wherby it is prooued that King Lucius receiued our Catholyke fayth and first of the Popes supremacy in Ecclesiastical causes CHAP. VII BVT to the end that this vndouted truth may be cleared of all dout I wil ioyne Issue with our aduersaries vpon some two or three poynts now in controuersy betwyxt vs and them and breefly proue that the doctrin that we teach concerning the same was publykly held for truth throughout Christendome in King Lucius dayes and that therfore he could receiue no other then the same from the Church of Rome and this I vndertake the more willingly for that albeit all matters of controuersy haue ben very learnedly and sufficiently handled yea and whole volumes written of them by our English Catholykes in the beginning of her maiestyes raygne yet by reason of the strayt prohibition of the sayd bookes there are an infinit number in England especially of the younger sort that neuer saw the same to whome I desyre to giue in this treatyse at least some litle tast of the truth of our Catholyke religion so farre as my determined breuity wil permit First
that the sonne of one Irenaus was restored to lyfe being anoynted only with the oyle of a lamp that did hang before the tomb of a martyr in lyke manner Theodoret Venantius Fortunatus Paulus Diaconus recount wonderful miracles donne by the oyle of lamps that burned by martyrs tombs yea S. Gregory Nazianzen sayth of his owne knowledge that not only a litle dust or bone of the martyrs but also the very remembrance of them supplyeth sometymes the want of their whole bodyes and concludeth with this exclamation O rem predigiosam salutem assort sola recordatio o prodigious thing the only remembrance of them giueth health and in his oration in prayse of S. Ciprian he calleth to witnesse many that knew by their owne tryal and experience what great vertue power was in this very dust ashes to expel diuels to cure diseases and for the foreknowing of things to come S. Ambrose asketh why faythful men should not honour relickes of saynts which the very diuels reuerence and feare who also signifieth that he had a reuelation from almighty God of the place where the bodyes of S. Ceruas and Protase were buryed in Millan wher-vpon he took them vp with great solemnity as S. Augstin also witnesseth who was present and reporteth a great miracle of a blynd man that recouered his sight at the same tyme and diuels expeld by the merits of those blessed martyrs S. Chrisostome proueth against the Painims by the honour donne to saynts relicks that Christ is God to whose power and omnipotency he sayth it is to be ascrybed that his disciples and seruants who whyles they were liuing did seeme most contemtible became after they were dead more venerable then Kings in so much that at Rome and Constantinople Kings and praesidents sayth he runne to the tombe of a fisher and take it for a great fauour that their bodyes may be buried not hard by the Apostles bodyes but without the circuit of their tombs and be made as it were porters of Fishermen Furthermore in his book against the gentils where he discourseth at large of the lyfe death of S. Babilas the martyr he signifieth that his body being placed in the suburbs of Antioch neare to a temple where there was an Oracle of Apollo it put the diuel to silence and when Iulian the Apostata thought by the remoue of it to remedy the same the Temple and Idole were presently after destroyed with fire from heauen wherwith as saynt Chrisostome testifieth Iulian and all the gentils were wounderfully confounded and so may our heretykes be in lyke manner seing that they not only impugne with them this euident argument of the diuinity of Christ but also hold that for Idolatry which maistreth the diuel ouerthroweth Idols and confoundeth Idolaters I omit infinit others for breuities sake conclude with saynt Hierome who declareth the custome of the whole Churche of God both in his tyme and longe before therby to confute Vigilantius the heretyke that taught the same doctrine in this behalfe that our heretykes teach at this day whosoeuer sayth he adored martyrs who euer taught men to be God yt greueth vigilantius to see the relickes of martyrs couered with costly and precious veyles belyke Constantin the Emperour committed sacrilege when he translated to Constantinople the holly relyckes of saynt Andrew S. Luke S. Timothe whera● the diuels roare and now also Arcadius the Emperour belyke committeth sacriledge who after so long tyme hath translated the bones of Samuel the Prophet into Thratia and all the Bishops that caryed the ashes laye in silk and in a vessel of gold are to be condemned for fooles and sacrilegious persons yea then the faythful people of all Churches are fooles also for going to receiue the same with no lesse Ioy then if they had serue the Prophet aliue in so much that frō Palestina to Calcedon ther was all the way 〈◊〉 of people that with one voyce sounded forth the praise of Christ lastly so shal wee say that the Bishop of Rome doth il when he offreth sacrifice to our Lord ouer S. Peter and saynt Paules venerable bones as wee tearme them though thou caulest them v●le dust and when he taketh their tombs for the altars of Christ lo here good reader the vse of Images and relykes and the honor due to them approued by the Fathers of all ages confirmed by the custome of all Christian nations ratyfied by miracles acknowledged by infidels and Paynims confessed by diuels and yet denied and deryded by the heretyks of this tyme are they not then more obstinat and malicious then heathens yea then diuels themselues THAT OVR DOCTRIN concerning the sacrifice of the Masse was generally receiued and beleued in the tyme of king Lucius first that it was foretold prophecyed by Malachias CHAP. XIIII BVT I wil passe to an other importāt poynt I mean the sacrifice of the Masse to see whether our doctrin concerning the same or theirs was deliuered by our sauiour to the Apostles and taught in king Lucius tyme or no. The sacrifice of the Masse consisting in the oblation of the blessed body and blood of our sauiour Iesus Christ was prophesyed by Malachias praefigured by the sacrifice of Melchifedeth instituted and offred by our sauiour at his last supper deliuered by him to his Apostles practysed by them and by the Churche of God euer since Malachias the Prophet foretelling the reiection of the Iewes and the election of the gentils signifieth withall the translation of the Iewes law and priesthood into a new law and a new priesthood and compareth or rather opposeth the priests of the one to the priests of the other sacrifice to sacrifice place to place altar to altar and a poluted bread which they were wōt to offer only in Hierusalem to a cleane oblatiō which should be offred to God amongst the Gentils euery where throughout the whole world saying to the priests of the Iewes in the person of God that seing they dispysed his name and offred vpon his altars a polluted bread and blynd and lame sacrifices non est mihi voluntas in vobis c. sayth hee my wil is no longer to be serued of you neyther wil I accept any more sacrifice at your hands for my name is great amongst the Gentils euen from the east to the west there is a cleane oblation offred to my name in euery place c. Thus farre the Prophet who cannot be vnderstood to speake of any other sacrifice then of the Masse which being nothing els but the oblation of the blessed body and blood of our sauiour Iesus Christ in forme of bread and wyne is a most pure and cleane oblation and cannot be polluted by the wickednes of the priests as the bread offred in the old law was wont to be to which purpose it may be noted that the Prophet speaking of dyuers kinds of sacrifices some consisting
the head wheron the priest did also lay his hands to shew that it was offred as a price pro capite for the head or lyfe of him that made the oblation Therfore for as much as this kynd of worship is the greatest most proper testimony we can externaly yeild of vassellage and seruitude to our creator it cannot without preiudice of his right be cōmunicated to any creature whatsoeuer in which respect it is caused by the deuynes latria as due to God alone and for that cause not only the deuil that seeketh to robbe almighty God of his glory but also such men as haue made themselues to be held for Gods traue euer affected this kynd of woorship as the highest and most due to diuinity Seeing then sacrifice is most essential to religion and a most proper and principal act therof it followeth that there can be no perfect religion without priesthood and sacrifice for which cause S. Paule speaking of the translation of the law maketh it to depend wholy vpon the translation of the priesthood saying that the priesthood being translated there must needs be withal a translation of the law And Daniel the Prophet describing the religion of the Iewes falne to desolation sayd that they had neither sacrifice oblation nor incence amongst them And now to speake a word or two by the way of common welth where as nothing is more natural to mankynd then the same to the which all men are by a general instinct of nature so inclyned that ther was neuer found any people so barbarous but they liued in society it is to be noted that it hath neuer ben read nor heard of that any common welth hath ben without sacrifice whervpon Plutarch sayth that though a man may happely fynd some cittyes without wals without scooles without learning without theaters without money yet no man euer saw citty without temples wherin sacrifice might be offred to God And Aristotle speaking of things precisely necessary for common welth ordeyneth that special care be had of sacrifice to the Gods Wherof two reasons may be geuen the one for that nothing is more truly political nor tendeth more directly to the establishment of common welth then publik sacrifice wherby not only a league of frindship and ciuil vnity is made amongst men by the participation communion of the thing that is sacrifised but also their passeth as it were a couenant betwyxt God and them wherby they become his particuler people and he their God and protector without whose particuler prouidence and protection no common welth can eyther prosper or stand The other reason is for that sacrifice being as before I haue declared most necessary to religion is consequently necessary for common welth wherof the true natural end is religion God hauing ordeyned man and all humain things principally for his owne seruice and therfore the very heathen Philosophers namely Plato and all his followers make the end of common welth to be nothing els but a religious wisdome consisting in the knowledge ●oue and seruice of God and Aristotle placeth it in contemplation of deuine things wherto he also specially requyreth the knowledge loue and seruice of God which is nothing els but religion in which respect he geueth the cheef preeminence and dignity amongst the magistrats to priests whose special function and office is to offer sacrifice The which is also confirmed by the custome of all good cōmon welths as the ancient kingdomes of the AEgyptians and Romans wherein the kings themselues were priests and offred sacrifice as also the cheefe magistrats amongst the Gretians were wont to do and in the common welth of the Romans after the suppression of their kings yea and when they florished most the office of priests was so preeminent that the cheefe bishops commanded and controled the consuls and as Cicero sayth praefuerunt tum religionibus deorum tum summae reip that is to say had the cheefe authority not only in matters concerning religion but also in the common welth Seeing then religion is naturally the end of common welth and sacrifice a most necessary and principal act of religion it followeth that sacrifice is no lesse natural and essential to common welth then to Religion But to leaue the consideration of common welth apart and to conclude with religion and sacrifice I say that for as much as they are both most natural to man and that the woorkes and effects of grace do not ouerthrow but nobilitate and perfect the good inclinations and woorkes of nature yt must needs follow that our sauiour by the law of grace did no more depriue man of publike sacrifice then of religion but that as he left him a most perfect and deuine Religion farre excelling that which he had before eyther in the law of nature or in the law of Moyses so he left him also a most deuine sacrifice wherby he might dayly pay the tribute of nature in a farre more excellent manner then he did in eyther of the former states This is no lesse p●ainly then learnedly taught by saynt Clement S. Peters disciple and successor who in his book of Apostolical constitutions declaring that our Sauiour did not by the law of grace abrogate the law of nature nor take away so much as any natural inclination in man but● confirme and perfect the first and moderate the later he sheweth withall what was fulfilled and what was chāged in the law of Moyses and amongst other things that he sayth were changed he nameth baptisme priesthood and sacrifice saying that in steed of dayly baptismes our sauiour ordayned only one and for bloody sacrifice he instituted rationale in cruentum misticum sacrificium quod in mortem domini per symbola corporie sanguinis sui celebratur that is to say a reasonable vnbloody mistical sacrifice the which is celebrated by the sacraments or signes of his body and blood in representation of his death Thus fayth saint Clement of the proper sacrifice of the new law that is to say the masse as it is euident by his owne words which saint Ireneus confirmeth signifying that as there were oblations in the old law so there are oblations in the new law and sacrificia in populo sacrificia in Ecclesia sacrifices amongst the people of the Iewes and sacrifices in the Churche in so much that he teacheth that sacrifices were not reiected by mutatiō of the law but changed whereto he addeth also this differēce that ●acrifice is now offred by vs not as it was by the Iewes that is to say as by bond men but by free men because our sauiour hath deliuered vs from the bondage of the law and thus sayth this ancient father of the sacrifice of the holy eucharist or masse which a litle before he cauleth the new oblation of the new testament applying therto the prophesy of Malachy as I haue noted in the last chapter To this purpose
poynts which I haue handled what hath alwayes bin the doctrin of the Churche of God concern●ng the same and that therfore King Lucius could receiue no other frō the Catholyke Romā Churche by the which he was conuerted to the Christian fayth and yf I thought it needful to rip vp euery other particuler point controuersed betwyxt our aduersaries and vs I could easely shew the same in euery one But what needeth it seing they cannot proue that any Pope I wil not say from S. Eleutherius to S. Gregory but from S. Peter to Clement the eight that now gouerneth the Churche hath taught and decreed any different doctrin from his predecessors whereas on the other syde wee shew euidently that in a perpetual succession of our Roman Bishops there hath ben also a continual succession of one the selfe same doctrin where vpon it followeth infalibly that King Ethelbert and the English could not receiue from S. Gregory the Pope any other fayth then King Lucius and the britans receiued from saynt Eleutherius and that wee which now hold communion with the Roman Churche teache no other doctrin then that which was taught by them to our ancestors and hath successiuely come from S. Peter consequently from our Sauiour Christ. Therefore thou mayst wel wonder good reader at the impudency of our English ministers that are not a shamed to preache teache the contrary wherby thow mayst also see how lamentable is the case of our poor country wherein such haue the charge and cure of soules as haue not so much as common honesty to say the truth in matters as cleare as the Sunne and teach such a religion as for lack of better reasons and arguments they are forst to mayntayne it with manifest lyes slanders yea and murders of innocent men whome they execute for fayned crymes vnder colour of matter of state acknowledging therby sufficiently the truth of our Catholyk fayth seing they are ashamed to a●ow that they trooble any man for it whyles they confesse that they punish and put to death heretykes namely the Anabaptists directly for their religion and their impudency is so much the more notorious for that their publyk proceedings in the dayly execution of penal and capital lawes touching only matter of religion doth contradict and conuince their sayings and writings wherein they affirme that they put none to death for religion But for as much as I haue treated this matter at large in diuers partes of my Apology besydes that I vnderstand that some others also entend to treate thereof in the answere of a ridiculous challenge made by O. E. fraught with most absurd paradoxes as wel concerning this poynt as others touching our Catholyke fayth I remit thee good reader therto and so conclude this treatys beseeching almighty God to geue our aduersaries the light of his grace and vs in the meane tyme pacience and constancy and to thee indifferency to iudge of maters so much importing the eternal good and saluation of thy soule which I hartely wish no lesse then my owne FINIS A TABLE OF THE CHAPTERS OF THIS TREATISE THE preface wherein are declared the causes of the long delay of printing the Apology and withall is noted the impudency of a late wryter in England disguysing his name with the letters O. E. who auoweth the fiction of Squyres employment for a truth and affirmeth that none are put to death in England for religion An Answere to two malitious slanders auowched in the foresayd libels concerning the conquest of England falsly supposed to be pretended sollicited by the Catholyks touching the late enterprise of the King of Spayne in Ireland Also concerning sir VVilliam Stanley and the Iesuits calumniated by the lybellers CHAP. 1. Concerning father Parsons in particular and that the extreame malice that the heretyks beare him is an euident argument of his great vertue CHAP. 2. That the Catholykes are persecuted martyred now in England for the same causes that the martyrs dyed in the primatiue Churche and of the great iniustice donne to two Priests condemned at Lincolne by Iudge Glanduile CHAP. 3. Of the impudēcy of a minister who being present at the death of the two martyrs aforesaid affirmed publykly that our country was conuerted by saynt Augustin the monk to the protestants religion by occasion where-of the truth of that poynt is euidently declared CHAP. 4. Of the first conuersion of our country whyles it was called Britany in the tyme of King Lucius with euidēt proofes that our Catholyk fayth was then preached and planted there CHAP. 5. The same is cōfirmed proued out of Gildas the sage Ca. 6. Certayne poynts of controuersy are discussed whereby it is proued that King Lucius receiued our Catholyke fayth and first of the Popes supremacy in Ecclesiasticall causes CHAP. 7. That our Sauiour made S. Peter supreme head of the churche CHAP. 8. That the successors of saynt Peter to wit the Bishops of Rome succeed him in the supremacy of the Churche CHAP. 9. That the Bishops of Rome exercised supreme autority in the tyme of King Lucius CHAP. 10. The matter of holy Images is debated and the vse thereof proued to haue ben in the Churche of God euer since our Sauiours tyme. Chap. 11. The commandment of God touching Images is explicated the practise of the Churche declared Chap. 12. Concerning the relicks of saynts and the reuerend vse thereof Chap. 13. That our doctrin concerning the sacrifice of the Masse was generaly receiued and beleeued in the tyme of King Lucius and first that it was foretold and prophecyed by Malachias Chap. 14. That not only the sacrifice of Melchisedech but also all the sacrifices of the old law were figures of the sacrifice of the masse and are changed into the same and by the way is declared the necessity of sacrifice as wel for common welth as for religion Chap. 15. That our Sauiour Christ instituted and offred at his last supper the sacrifice of his blessed body and blood proued by his owne woords by the expositions of the Fathers with a declaration how he is sacrificed in the masse and lastly that he gaue commission and power to his Disciples to offer his body and blood in sacrifice that is to say to say the Masse Chap. 16. That the Apostles practised the commission geuen them by our Sauiour sacrificing or saying Masse them-selues and leauing the vse and practise thereof vnto the Churche that the ancient Fathers not only in King Lucius tyme but also for all the first 500. yeares afeer Christ taught it to bee a true sacrifice and propitiatory for the liuing for the dead Chap. 17 An answere to the obiections of our aduersaries out of S. Paules epistle to the Hebrewes with a declaration that the heretyks of this tyme that abolish the sacrifice of the Masse haue not the new testamēt of Christ and that they shew themselues to be most pernicious enemies of humain kynd Chap. 18.
charitable man can conceiue of me that I would now without all compulsion hope of gayne or feare of losse aduisedly forsweare my self with a wilful and damnable periury frustrate and loose all that fruit of my former sufferings Neuerthelesse yf any man be so passionate and vncharitable that he wil not be satisfied with this my protestatiō and solemne othe let him way wel the matter it self with all the circumstances then I doubt not but he wil easely fee the wrong donne both to Squyre and vs that are conioyned and mentioned in his accusation First therfore for this purpose it is to be considered what was Squyres end therein seing as the Philosopher sayth the end is the first thing in intention though the last in execution in a matter of so great weight daunger as this there must needes be some great consideration that moued him therto which the contriuers of this tragedy knew so wel that for the better colouring of the deuise they forged the most forcible motiue and highest end that maybe which is zeale of religion and hope of aeternal reward induced perhaps therto by the late example yet fresh in memorie of the last King of Fraunce killed by a fryer moued with meere zeale without all hope of tēporal gayne or possibility to escape therfore they sayd that Squyre by F. Walpooles persuasions entended the death of her Ma tie and my L. of Essex to the end to do a meritorious act and to gayne euerlasting glorie but the vanity of this fiction is euident seing it is manifest that he was a protestant as he shewed playnely at his death when yt was no tyme to dissemble where-vpon I inferre that seing his religion taught him that there is no merit in workes and much lesse in such workes how could he imagyn that the killing of her Ma tie should be meritorious or any way grateful to God she being the principal piller of his religion by whose death the same should be endangered and the Catholyke fayth lyke to be furthered or at the least he must needs imagyn that F. Walpoole had no other end therin but the furtherance of his religion yf he moued him to any such matter could he then be so contrary to him-self as for zeal of religion or hope of merit to seek the ouerthrow of his owne religion this is incredible absurd and impossible Seing then it is cleare that he could haue no such motiue or end as was supposed and vrged in his accusation what may be thought of the whole matter buylt vpon so weak fals a ground but that the foundation fayling the whole buylding must needes fal withal for the further proof wherof and our ful purgation though it might suffise without further discourse that Squyre at his death cleared both himself and vs yet to the end that the impiety malice of our aduersaryes may be withal so euident that they shal haue no colour or pretence to haue proceeded according to allegata probata which in some cases may excusse a iudge from all offence though he condemne an innocent man I wil particularly examine the groundes where-vpon he was condemned THE EXAMINATION OF THE grounds wher-vpon Squyre was condemned and how vncertayne is the tryal of truthe by torment CHAP. II. ALTHOVGH I haue litle vnderstanding of our english common lawes whereof I neuer had further knowledge then that which I got by the experience of some fewe cases that I saw tryed at the common Assizes and in the Kings bench which also by my long absence from England I haue in part forgoten and therfore cannot proue by the words and texts therof nor by books cases that Squyre was wrongfully condēned yet yf I proue the same by the approued lawes of other countreys yea and by reason and conscience which are the grounds of all good lawes yt must needs follow that eyther he was condemned flatly against our english lawes also or els that the same are repugnant to conscience and reason which were as great an inconueniēce as the other and such as I am sure no common Lawyer of England wil grant neyther is it to be supposed Now then to come to the examination of this matter yf it be true that is heer reported as it is lyke to be for that we heare yt vniformely from dyuers partes that Squyre was condemned without any witnesses presented at his arraynment vpon some light presumptions and his owne confession extorted by torment as he sayd him-selfe at the barre and also at his death it is cleare that he was wrongfully condemned for that no law can allow that such a confession should suffise for the condemnation of any man without some other euident proofes yt being manifest that the innocēt may be forst by tormēt as soone to accuse himself falsly as the nocent truely to confesse his fault which the cyuil law proposeth to all Iudges carefully to be considered saying that Iudgment by torment is deceytful for that often the innocent are compelled thereby to confesse faults which they neuer committed and S. Augustin wisely noting the inconuenience of such tryals lamentably bewayleth the practise thereof and the infirmity of mānes Iudgement in this manner in these wordes When a man sayth he is tormented in his owne cause to try whether he be culpable or no many tymes the innocent suffreth most certayne paynes for an vncertayne fault not because any cryme of his is knowne but because his innocency is vnknowne so that the ignorance of the iudge causeth the calamity of the innocent and that which is more intollerable yea to be lamented with fountaynes of teares we see that whiles the Iudge tormenteth the accused least he should kyl an innocent it happeneth by the miserie of humayn ignorance that he falleth into the inconuenience that he seeketh to auoyd and ignorantly killeth a guyltles man whom he tormented to know whether he was guylty or no for the accused rather chussing to dy then to indure the torment doth many tymes accuse himself of that which he neuer did Thus much S. Augustyn in this discourse Hereof also Valerius Maximus geueth a notable exāple in a seruant of Marcus Agrius who being accused to haue kylled a seruant of Titus Fanius did for feare of torment most constantly affirme that he had donne it though after he was executed the partie whom he confessed to haue killed returned home safe wherto I might ad many examples of lyke matters that fal out in day he experience but that I wil not be tedious to your Lordships and therfor I wil only touch breifly by the way one that concerneth my self not vnlike to this of Squyres which happened in the yeare of our Lord 1595. at my being with the Dukes grace of Feria in Bruxels where I was through the rigorous yf not malitious proceedings of a certayne Iudge brought to be accused by two seueral persons not only to haue intelligence which
lyke cases And that this was also his resolution it appeared manifestly at his death at what tyme he vtterly denyed not only the fact and all intention therof but also that he had bene employed to any such end by any man accusing his owne frayltie in that he had for torment belyed himself which being considered with the weaknes of the euidence doth no lesse manifest his innocencie and ours then discouer the impietie of those that enueygled him to bely and slaunder himselfe others wherof I wil speake more hereafter AN EXPOSTVLATION which M. Cook her Maiesties Atturney CHAP. IX FOR as much as I vnderstand that M. Cook her Ma ties Atturney was a principal actor in the tragedy of Squyre and played the part as wel of a kynd as of a kindly cook in seasoning such an vnsauory matter with salt teares and of a notable calumniatour in belying and slandering me with father Walpole and others charging me not only with discouering the matter to Stanley whereof I haue spoken before but also with imparting it to the King my maister of glorious memory making his Ma tie therby an abettour of that imaginary conspiracy I cannot forbeare to answere him bree●ly thereto and to debate the matter with himself Therefore good M. Cook how simple ●oeuer yow conceiue me to bee yet I would haue yow to vnderstand that I haue not got so litle experience and skil of Kings humors● in these 15. or 16. yeares that I haue haunted their courts and serued some of them that if I should haue employed Squyre or any man els to kil her Ma tie I would haue acquaynted any king or souerayne Prince therewith whereby they might take me for a Queene or King killer for howsoeuer the act might turne to their benefits or be to their lykings I ame sure they would say with Augustus Caesar I loue the treason but I hate traytour besides that I am not ignorant that they hold it for a necessary poynt of state to mayntayne the soueraigne maiesty of Princes as sacred and i●●●o●able yea though y●●be of their very enemies therefore whē Darius was ouerthrowne by Alexander the greate and trayterously killed afterwards by a subiect of his owne called Bessu● he recommended the reuenge thereof to no other but to Alexander himself saying that yt was not his particular but the common cause of Kings and matter of necessary example which should be both dishonorable and daungerous for him to neglect in which respect Alexander afterwards reuenged the same not esteeming sayth the story Darius to be so much his enemy as he that slew him This consideration might haue suffised I assure yow M. Cook to with hold me from acquaynting his Ma ie with the matter yf there had ben any such but much more his Ma ties great vertue piety and Iustice so knowen to all the Christian world howsoeuer yow and your fellowes in your hemisphere are ignorant thereof that I know not who durst haue presumed so much as to intimat any such matter to him whose royal harte the very harbour of honour and true magnanimity was no more compatible with murders mischiefs thē your base mynd is capable of Kingly conceits This shal suffise for answere to your discours of my imparting the matter to the King seing there was no other ground thereof but your owne imagination which was no lesse Idle then your head was addle all that day being the morow after your mariage as I vnderstand when yow were not as yet come to your self hauing left as yt should seeme not only your hart but also your wits at home with my lady your wyfe as yt may wel appeare by the aboundance of teares yow shed in your pittiful pleading where of I cannot but say as Catulus sayd to a bad oratour that hauing employed all his eloquence to moue his audience to pitty asked him his opinion thereof whereto he answered in truth quoth he yow mooued much pitty for there was no man there that thought not both yow your oration much to be pittied and so Sir I may say of yow that no dout yow mooued all wyfe men that were present to pitty yow and to hold yow eyther for the simplest or els the most malitious man that euer occupied your place the simplect if your teares were from the hart the most malitious yf they were fayned For though yow had ben a man of farre lesse vnderstanding in the lawes of England then one that should deserue to be the Queenes Atturney and had not ben employed in the examinatiō of the cause as by all lykelyhood yow were yet yow could not but note such weakenes insufficīency of the euidence such wresting of law and consequently so litle appearence of truth and lesse of her Ma ties daunger that yow could haue no cause of teares except yt were to bewayle the lamentable case of the poore prisoner yea and your owne for being in great part guilty of his blood which if yow saw not but weapt in good earnest for pitty of her Ma tie your law serued yow for litle and your wits for lesse and I dare say there were some on the bench that laught wel in their sleeues to see your simplicity and thought yow were more fit as good a cook as yow are to be a turne spit in the Queenes kiching then her atturney in the kings benche But yf yow saw the poore mannes inocency yet could shed teares lyke the crocodil to his distruction your malice surpassed all that euer I heard of And truly the best that your best friends can conceiue thereof is that it proceeded from some natural infirmity of a moyst and Ide brayne and therefore I would aduise my lady your wyfe hereafter to keep yow at home seing yow haue such a childish trick when yow come abroad to cry for nothing or els to send with yow a nours with an aple to stil yow when yow cry for otherwyse verely yow wil shame your self and your friends and so I leaue yow vntil yow geue me furder occasion which if yow do yow may assure your self that I wil follow the councel of Salomon and answere a fool according to his foolishnes least by other mennes silence he may think himself to be wyse OF THE LIKE SLAVNDERS raysed diuers tymes heretofore against Catholykes and of the concurrence of calumniation and persecution CHAP. X. YOVR lordships haue seene vpon what smal ground or rather none at all Squyre was condemned and we heere slaundered wherby yow may iudge how Iustice is administred now in your Realme by those that are or should be the Ministers therof for the better declaration wherof and the further iustification as wel of vs heere for this matter as also of all Catholykes for the lyke slaunders raysed against them diuers tymes heretofore both at home and abroad I wil be so bould as to represent vnto your Lordships sundry manifest wronges and
prisoners yt had beene requisite that yf not all at least some of these particulars should haue beene proued eyther against them all or at least against some one of them as yt is euident yt was not for though we should graunt that some bodie had told Slead or Cradock in Rome that there would be great styrres in England shortlie what did that touch F. Campion in particular or any of the rest And wheras one sayd that he had heard also at Rhemes of some such styrres lyke to ensew what proued this against any of those that came from Rome or yet against those that were come from Rhemes diuers yeares or monethes before or els afterward seing that there was at that tyme neare hand 200. English at Rhemes of whom it could not be with any reason presumed that they were all priuie of the conspiracie yf there had byn any such and yf only some were priuie therof how did it appeare that those which were araygned were of that number seing the witnesses did not particulerlie charge any of them therewith Lastly he which testified that M. Payne the Priest told him of a conspiracy of some Catholykes to kyl the Queene in a progresse what proued he against any of them at the barre seing that M. Payne was none of their companie and the matter altogither differēt from the other where vpon they were indited Was this then such playne and sufficient euidence as is necessarie in law for condemnation of a man in matter of lyfe and death which euidence as before I haue shewed in Squyres case ought to be as cleare as the Sūne not general but particuler not of hearesay but of assured and certayne knowledge and testified by witnesses auouching one and the self same particulers But what need I labour to ouerthrow their testimonies by law seing it was cleare to all them that were present at their araignmēts or deathes that they were neyther all knowne one to an other neyther yet to the witnesses themselues before they were brought to the barre and that some of them were in England and some in other places at the same tyme that they were supposed to haue cōspired at Rome and Rhemes as diuers of them affirmed and was by the othe of M. Thomas Lancaster manifestly proued of M. Colington the Priest who was quit thervpon and the lyke was also auouched of an other of them by one M. William Nicolson who being present and moued in conscience to testifie a truth called to the Iudges from the place where he stood and offred to depose that he knew that one of the prisoners whose name I haue forgot was other where then was sayd in his inditemēt at the same tyme that the cryme was supposed to be committed OF TVVO CATHOLIKES in wales condemned vpon the testimonie of witnesses suborned and hyred for money CHAP. XIIII TWO substantial men the one cauled Ihon Hewes the other Richard White hauing beene many mes most cruelly tormented and examined by Sr. George Brōley others his assistants in the Marches of Wales cōfessed nothing wher-vpon hold might be taken to execute any of the captious lawes vpon them were neuerthelesse designed to the slaughter and for that purpose 3. witnesses were suborned to accuse them that they had persuaded some to be Catholykes the prisoners being araygned thervpon excepted against the witnesses that one of them had beene nayled on the pillorie for periurie in the same shyre as it was notoriouslie knowne to all men and that aswel hee as the rest were hyred to testifie against them the iudges answered to the first exception that though the partie had beene periured in one case yet he might say true in an other and then did put the prisoners to the proof of the subornation for which purpose they auowed that a gentleman of good estimation who was then in the same towne could testifie it and therfor desyred he might be called the gentleman was sent for and being deposed witnessed that one Peter Roden told him that Gronow for so was one of the witnesses cauled and his compagnions had receyued 15. shillings a peece to geue testimonie against the prisoners and that he was also offred so much himself and had refused it The iudges knowing belyke that this was true fearing that it would be made too manifest would not send for Peter Roden but reiected the testimony of the Gentleman as improbable saying what should any man gayne by the death of these men that he should suborne witnesses against them and so without further tryal of the truth therof bad the Iurie go togither who hauing some scruple to condemne them vpon the testimonie of such infamous and suborned witnesses could not agree thervpon vntil two of them had beene to conferre with Sr. George Bromley by whom as it should seeme their consciences were so wel satisfyed that they found them guiltie where-vpon they were condemned and the one of them called Richard White executed at wrexam where he had beene long tyme before prisoner OF VVILLIAMS YORKE AND Patrick Cullen executed also for fayned conspiracies against her Maties person CHAP. XV. BVT to returne to fayned conspiracies against her Ma tie I omit diuers for lack of perfect knowledge of the particularities and wil speake only of some published 4. or 5. yeares agoe in a pamphlet printed in diuers languages as in English Frēch and Duitch cōcerning a conspiracy of Doctor Lopez and two other portugueses in which pamphlet two Englishmen called Williams and Yorke and Patrick Cullen an Irishman were charged to haue conspired the death of her Ma tie by the instigation of the banished English Catholykes at Brussels And for as much as the pamphleter would seeme to iustifie the condemnation and execution of the sayd two Englishmen the Irishman by their owne confessions I w●● but desyre your Lordships for the discouery of that fiction only to consider the circumstances thereof not meaning to medle with the matter of Doctor Lopez and his fellowes because no English Catholyke was charged therewith The pamphleter sayth they confessed that the English Catholykes at Brussels held certayne councels amongst them-selues where at were present two Doctors of diuinity a Iesuit 5. or 6. gentlemen and others all which are named in the pamphlet who he sayth conspired altogeather the death of her Mayestie and persuaded Williās and Yorke to vndertake the execution thereof with the promise of fortie thousand crounes that for the greater satisfaction and faster binding of them father Holt the Iesuit took the blessed Sacramēt which he had brought to the councel kissed yt and gaue yt vnto them swearing vpon the same that he would pay them the sayd ●ome when they should haue effected that which they had promised For the examinatiō of this supposed cōfession I would wish to be considered what likelyhood or probability there is that those two soldiers Williams Yorke both of them young men whereof the first was
treate some few lines more of a pamphlet set foorth for Squyres condemnation after his execution OF A CERTAYNE PAMPHLET printed in England concerning the conspiracie of Squyre after his death and first of two notable lies which the Author therof auoweth vpon his owne knowledge CHAP. XX. HAVING determined to speake no more of Squyres affayre but rather to haue ended with this that hath beene said I receyued from a frend of myne a pamphlet printed in England by the deputies of Christopher Barker the Queenes printer concerning the matter and offence of Squire intituled A letter written out of England to an English gentleman remayning at Padua conteyning a true report of a strange conspiracy c. the which pamphlet doth geue me occasion to enlarge my self somewhat further then I meant For although I hold the same to be sufficiently answered as wel by that which I haue already discoursed in this Apology as also by the foresaid treatise lately published by our frend M. A. in confutation of the whole fiction besydes that the pamphlet it self hauing neyther name of author nor priuiledge nor licence for the printing may seeme rather to be reiected as an infamous libel then held worthy of further answere neuertheles considering that the Author therof taketh vpon him such particuler knowledge of all the proceedings in that matter that he seemeth to be no ordinary person but rather some one that had his hand in the pye and agayne forasmuch as it may be thought that the Queenes printers neyther would nor durst set foorth any such pamphlet touching her Matie the state withoue the warrant of some man in authoritie and lastly for that the Author therof amongst many fooles bolts that be hath shot therein seemeth to haue leuelled one particularly at me though he name me not I haue thought good briefly to touch some points therof To come then to the matter his discourse consisteth of 3. partes the first his declaration of Squyres confession touching the particulers as wel of the supposed conspiracy as also of the execution therof the secōd the māner of the discouery of it the third this pamphletters cōment and censure vpon the same interposed sometymes by the way of discourse In the first I only wish to be noted two notorious and impudent lyes within the compasse often lynes auowed by him vpon his owne knowledge The one that Squyres confession concerning the conspiracy was deliuered by himself without torture or shew of torture the other that it was in no point retracted or disauowed eyther at his tryal or at his death whereas all those that were present thereat are witnesses of the contrary and amongst many others some of your Lordships that assisted at his tryal may wel remember I am sure that he vrged a long tyme that his confession was extorted by torment and although he confessed the fact after vpon some persuasions and expectation perhaps of pardon yet at his death when it imported him for his euerlasting good to discharge his conscience he reuoked his said confession not only disauowing the fact and all intention therof but also his supposed employment by Father Walpoole and when the shyrif vrged him with his confession made at seueral tymes he answered in the hearing of all the assistants and lookers on that he would as wel haue said any thing els in the world at that tyme to deliuer himself from the torments which he endured and being pressed to confesse at leaft his subornation and employment by the Iesuit for Father Walpoole was not otherwyes named there he flatlie denyed it and gaue a sufficient reason to cleare both himself and the father saying that he ranne away from Seuil without the fathers knowledge and that therfore it might easely be iudged that he was not suborned nor sent by him And this I affirme as wel vpon diuers relations that I haue seene thereof in wryt●ng as also vpon the report of a credible person who was present at his execution with whom I haue spoken here in Madrid so that I dare herin boldly appeale to the consciences not only of M. shiriffe who was kindled with great choller against the poore man for denying it but also of all the assistants and beholders who were much amazed to heare matter so farre from their expectation their vttered by him that dyed What then may I say of the impudency of this man that maketh no bones to put in print yea and to affirme vpon his knowledge such a notablely disprouable by the testimony of so many hnndreths as were present as Squires death wherto serueth all his exaggeratiōs of the foulnesse of the fact his opprobrious speeches against Father Walpoole his deuises of charmes coniurations enchantments exorcismes cyrcles all his Sinons tale so smothely framed but to bewray both his vanitie and malice seing he taketh delight and glorie in the vayne oftentation of his owne lying tongue to the slaūder both of the quick and the dead and therfore let him consider what the psalmist sayth to him such other calumniatours Why doest thow glory in malice thow which art potent in iniquitie c. thow hast loued all woords of ruyne and destruction thow which art a very tongue of tromperie and deceit therfore God wil destroy the finally and pluck the vp and remoue the from thy tabernacle and thy root from the land of the liuing OF CERTAYNE ABSVRD improbabilities in the same pamphlet touching the manner of the discouery of Squires supposed conspiracy CHAP. XXI AFterwards when he cometh to acquaint his Paduan frend with the manner how the matter was discouered he sayth thus when tyme passed sayd he and nothing came of it they he meaneth vs heere made construction of it that Squyre had byn false to them one of the more passionate of them inueigheth bitterly against Squyre tels how he was trusted and how he had vndonne the cause and the better to be reuenged on him is content that one that they let slip hyther as if he had fled from them should geue information of this matter not with the circumstances but generally against Squyre partly to winne himself credit and partly to wreak themselues on Squyre Thus farre this pamphleters wordes which being conferred with that which as before I haue signified was vrged against Squyre at his araignment concerning the same matter wil be the better vnderstood It was then declared I meane at the barre vnder the confession of Ihon Stallage alias Stanley lately before fleck frō hence that I did one day in my owne lodging inueigh● against Squyre with great passion and oth saying that he had deceyued vs and that we should be discredited with the King therby and further that persuading our selues that Squyre had already reuealed the matter we sent in Stanley to do some other great mischeef with pretence to accuse Squyre therof wherby it appeareth that the passionate man who the pamphleter sayth reuealed it was my self that Stallage
suppressing them who yow say make traffyck of their sacred lyues yow compare them to pirats that are publyke enemies to humayne society and to the Templars that were all put downe throughout Christendome within a few weekes and lastly yow fynd it strange that the Bishop of Rome doth not purge out a leuen as yow cal them so strange and odious These in deed are very strange and odious speeches and no maruayle for there can be no more sympathy betwixt the Iesuits and yow then betwixt good and bad light and darknes Christ and Belial it is no maruaile that the theef hateth the gallowes the dog the whip or the woolf the mastif that keepes the flock neyther that yow and all other heretyks maligne those whose schooles are your scourge whose bookes your bane whose vertue is your confusion whose vigilance and industry is the gard simple foules against the assaults of your heresy and impiety wherin the great goodnes of God is to be noted who for euery disease prouideth a remedy for euery poyson an antidote for euery harme a help so it pleased him of his diuine wisdome to prouide against a Symon Magus a Saynt Peter against an Arrius an Athanasius against a Nestorius a Cyril against a Vigilantius a Hierome against a Pelagius an Augustinus who was borne in Africk the same day that the other was borne in England against the heretyks called Albigenses a Dominik and his holy order of the fryer preachers and lastly in this our age against a Martyn Luther and his cursed crue of vitious Apostates he raysed an Ignatius de Loyola with his blessed company of vertuous and Apostolical priests commonly called Iesuites whom though the Deuil and all his instruments I meane you and all other heretykes apostatates and atheists haue no lesse impugned then the catholike Churche it selfe which they defend yet neuerthelesse theyr holy Societie is through the prouidence of God propagate and spred throughout the Christian world from one pole to the other and therby the wrackes and ruynes of Christendome repayred insidels conuerted heretyks confounded youth instructed the weake edifyed no lesse to the glory of God then to the confusion of his enimyes theirs But to come to the particulers of your slaunderous digression yow wonder that Princes do not concurre to the suppression of this sect as yow cal it that maketh a traffick of their lyues I wonder yow are not ashamed to buyld such a malitious slaunder vpon so false a ground seing I haue euidently proued that this matter of Squyre whervpon yow runne all this descant is a meere fiction a lewd and a lowdly improbale in it self proued by no witnes or euidence extorted from him by torment retracted and disauowed at his death though yow shamefully say the contrarie besydes that it is now aboue 20. yeares since the Iesuits first entred England in which tyme yow haue rackt and rent diuers of them Father Southwe● 10. tymes Father Walpoole 14. Father Campion I know not how oft and diuers others for their cause and all to fynd out some such matter and yet yow neuer got so much as any inkling of any so that this contumelious speech of yours is but a vaine blast that as a man may say shakes no corne nor cracks any mannes credit but your owne Furthermore how childish and vayne is the comparison yow make of them to pyrats therby to conclude them to be publyke enemies of humayn society meaning by lyke by humayne society your selues whose publyke enemies yow may in deed accompt them in respect of your heresies yet in that sence there is neyther truth nor propriety in your manner of speech for though I allow yow to be humayn and earthly in the highest degree yet a true society yow cannot be called being so dissociate and deuided in religion amongst your selues as yow are except it be the society of Sampsons foxes whose tayles were only tyed together and their heads seuered But if yow consider the infinit numbers and multitudes of those that from one end of the world to the other do loue at this day and reuerence the Iesuits as fathers that giue them spiritual food as phisitions that cure the diseases of their soules and as pilots not pyrats that guyde them to the port of eternal saluation you shal easely see the vanity and idlenes of your discourse and eyther be forced to graunt that they are no enemyes to humain society or els absurdly say that all men besydes your selues are seazed with such a lethargy or sencelesse stupidity that they cannot discerne enemyes from frends Can any man that is not mad or drunken with heresy as you seeme to be or ouercome with passion perswade himself that so many wise pious and polityk kinges Princes councels magistrates and gouernours whose dominions extending from one pole to the other do conteyne the noblest and worthyest parts of humain society among Christians would be so vnaduised to receyue them into their kingdomes countryes cityes courtes foster them cherish them loue reuerence and honour them as they do if they were such publike enemyes to humaine societie as you make them or any way hurtful to their states perilous to Princes liues preiuditial to publike good or rather if they were not most necessary and beneficial to them all This is so manifest to men of discourse and reason that I need not further to enlarge my self therein seing there is no man so simple that wil preferre the vayne and malitious conceit of a few poor sectary Caluinists hated contemned by all other sectes of the same breed before the iudgment and experience of all the rest of Christendome whereof you are not woorthy to be counted the parings neyther for your number nor for any other respect whatsoeuer and albeit I might say much more in this behalf yet for that the matter is euident of it self and the innocency and honour of these seruants of God hath byn defended by many learned bookes in these our dayes against the barkings of all sectaryes and other their enemyes and emulatours which their vocation and vertues cannot but purchase vnto them I shal leaue of to speake any more of this argument for the present and so passe ouer to that which remayneth OF THE HIPOCRISY OF the author of the Pamphlet and his fellowes and of a ridiculous miracle fayned in her Maiesties supposed escape CHAP. XXV IT resteth now only to speak a word or two of the religious zeale and deuotion towards God which you shew in your g●oses wherin you interlace not only examples of scripture but also cōsiderations of Gods extraordinary and visible prouidence in the preseruation of her Maiestie from this great conspiracy for the manifestation of his owne glory in so much that you make is miraculous comparing her Maiesties supposed escape to the shaking of the viper from S. Paules hand without hurt but in such ridiculous manner as in truth it made me and others good
in matters of lyfe and death much more is it needful in our Law wherin ignorant and simple men are to determine the cause and yf we do not say that this was the intention of our Lawmakers that ordayned our Iuries we cannot with reason defend eyther them or their lawes in this behalf nor excuse them from exceeding great absurdities and iniurious proceeding THAT THE EVIDENCE against Squyre was not sufficient in Law to geue him torment that therfore his confession extorted therby was voyd in Law and his condemnation vniust CHAP. VIII BVT some perhaps wil say that although these two testimonies of the priuie councelour and of Stanley were not sufficient in Law to condemne Squyre yet they suffised to geue suspition of the matter and to make him apprehended examined and tormented wher-vpon ensewed his confession which being ratified after by himself at the barre was a sufficient warrant to the iurie to fynd him guilty and to the Iudges to pronounce sentence against him of death as they did For satisfaction of this poynt I wil brieflie prooue first that this euidence was not sufficient to geue Squyre torment secondly that his confession vpon torment was voyd in Law and lastlie that his ratification therof at the barre could not reualidate the same and although for his purpose I must ayd my selfe of the Ciuil law as hitherto I haue donne for lack of knowledge bookes of our owne lawes yet I am wel assured no wyse and learned common lawyer can reiect the reasons alleadged by the ciuil law as wel for that they are grounded on equitie and conscience in which respect they are receyued and confirmed in lyke manner by the Ecclesiastical and canon lawes of Christendome as also for that our law so farre admitteth the ciuil law that in many cases yt remitteth vs vnto the decision thereof as we may see in matters of testaments and mariages and in diuers cases of the chancerie for which purpose do serue our Arches Admiraltie and M. of the chancery and this must needs haue place much more in this case then in many others for that the tryal by torment properly belongeth to the ciuil law and not to ours which law of ours abhorring as it seemeth the crueltie and rigour of torture doth exclude it from the tryal of cōmon causes as before I haue sayd therfore if in any case it boroweth the vse therof of the ciuil law it must eyther vse it with the same circumstances and conditions or els with more moderation seing it tendeth more to mercie pittie then the other doth Now then to the matter though the ciuil law vseth torment in tryal of criminal causes to force the partie to confesse the cryme yf he wil not voluntarily do yt neuerthelesse yt ordeyneth that it shal be geuen with such circumspection and consideration as yf the forme and circumstances of the law be trulie obserued there is litle daunger or none at all of doing wrong to the party First yt commandeth that the iudge begin not with torment neyther proceed hastely therto but with mature consideration aswel of the qualitie and credit of the partie as of the lykelihood and truth of the cryme obiected Secondlie that the euidence and proofes produced be most manifest as in the 4. Chapter of this treatise I haue sufficiently proued Thirdlie that the witnesses shal be such as no lawful exception can be taken against them And although the Iudge may geue torment with one lawful witnesse that produceth indicium indubitatum as the lawyers tearme it an vndoubted and cleare euidēce as for example when there is an eye witnesse against whom no exception can be taken for so sayth Bartol yet when the sayd euidence is not so manifest two witnesses at least are required and the same to be contestes that is to say affirming one and the selfsame thing This being true it appeareth that Squyre was tormented against all law for that the matter and euidence that was brought against him was neyther cleare nor yet testified by lawful and sufficiēt witnesse for as for Stāley besydes that he was subiect to many exceptions aswel of suspition of subornation as also for being his accuser in which respect he could not be a witnesse his euidence was lykewise in it self so defectious that yt could be of no moment or consideration in the world as I haue proued in the 6. Chapter And as for the letter which the priu●e councelor testified he had seene it was not proued to be a true and no counterfeyt letter and therfore no such cleare euidence as law requireth to the geuing of torment besydes that yf his honour wil be taken for a witnes yet he was not contestis with Stanley for that they did not testifie both of them one and the self same thing as is needful when the euidence is so weake as this neyther did that letter mention any perticuler act but imployment of Squyre in general for generalities no particuler man can be punished as sayth the law Therfore I conclude that he being tormented vniustlie and against law the confession so extorted could not be of force to condemne him though he ratisied the same afterwards publykly at the barre for all ciuil lawyers do agree that yf the euidence be not sufficient to the geuing of torment yea and also sufficiently proued in such manner as before I haue declared then the confession extorted therby is nu●la that is to say to be accompted none at all though the partie should ratifie it a thousand tymes after for so they write yea and further that although after such ratification there should be presented sufficient proofes wherby yt should be manifest that the confession was true yet yt could not be therby reualidate and made good in law for his condemnation though it were in cases of assassinat treason or any other lyke haynous cryme whatsoeuer and this being true in the ciuil law it cannot be contrad●cted by ours which is more fauorable to lyfe and admitteth no torture in tryal of causes for condemnation nor relyeth so much vpon confession of the partie extorted by torment as vpon sufficient euidence of lawful witnesse which in this case of Squyre was none at all in which respect the Iudges and Iurie hearing him say that he had beene tormēted and seing the euidence and witnes insufficient for the geuing of torment ought to haue held his confession and the ratification therof suspected and so to haue at least suspended their iudgment vntil better proofes had beene produced presuming that for as much as he might assure himselfe that all the benefit he should reape by the reuocation of his sayd confession would be but new torments worse then death he resolued himself to ratifie the same and at his death to discharge his conscience and to cleare himself as those which accused me at Bruxels determined to do and as infinite others haue donne in