aspyred to the Crowne yf the king and his issew fayle is to be pittied rather then answered a fable taken owt of the legend of Lorrain and the other libells of that tyme. Weigh and examin it and see the leuitie of follie The king was young his brothers yonger ther moother liuing the king of Nauar ther trustie and noble freÌ„d and a brasen gate betweaÌ„ Guise and the crowne and the nobilitie of France as he saithe mayd an association against the howse of Guise Then was it not likelie Now it being apparentlie fals that the kings was in the hands and power of the Guises I com to the proposition that the king had neither age to discern it nor fredome to denie it nor lawes to decree it it resteth to examin that proposition that the kings consent authorising that armie at Dreux was nothing worth bycause he was not of age nor at libertie What yf the king had not age to discern it was it therfor withowt warrant or law A king haith two bodies his bodie Politick as it never dyeth so is it never defectiue of authoritie and direction The acts of the bodie politick be not abated by the naturall bodies accesse the bodie politick is not disabled to rule and govern by the nonage of the naturall see 26. lib. assis placit 24. whear by iustice Thorps iudgment the gift of a king is not defeated by his nonage nor shall not embleamish the bodie In the book of ass see the case tit droyt plac 24. anno 6. E. 3. f. 91. for a writt of right brought by E. III. of a mannor as heyre to R. I. The exception of nonage against the king was not admitted For yf the bodie natural die yet the bodie politick which magnisieth the natural bodie is not sayd to die So 4. Eliz. for leases of the Duchy mayd by E. 6. all the Iudges resolued they vvear good tho the king vvas in his minoritie For the bodie politick extolleth the naturall and altereth the qualitie of it And so though the kings bodie natural in his minoritie can not discern and iudg yet that disableth not a king that the acts of his minoritie ordered by his counsell and by the Regent should be of no validitie Nay your own Hottoman in his Francogallia will teach yow an other lesson tho he was Bezaes trustie Achates Resolume would anie counsellor like it well yf a Catholick in England should affirme as he might more trewlie that the chainge and alteration of religion by king Edward VI. was not warrantable hauing not age to discern it nor freedome to denie it being in the haÌ„ds of the protector and Northumberland nor lavves to decree it till by his vncls authoritie and greatnes new lawes wear enacted for it Yf yow approoue not this why doe yow disprooue the same in k. Charles IX of France was the age of the one a barr in law and not the others or was the one an absolute king and not the other or vvas k. Edvvards coÌ„sent sufficient to authorise his vncls doeings in spiritual matters and was k. Charles his consent nothing worth to authorise the Constable and his armie to pursew his rebells Now concerning the last poynt touching Beza his opinion I must turn that Canon against hym self for yf Beza sayd trewlie iniuriam pati nostrum est nobis vim viarcere non licet yf it be certan nullum remedium proponitur priuatis hominibus tyranno subiectes praeter vitae â—mendationem c. then surelie maister Bilson is betrayed by hym he seaks to defend and Beza betrayed the Admiral and Prince of Condie to draw them into the playnes of Dreux against the king to fight for ther religion when vim viarcere non licet I will not stand to refell that opinion and error of D. Bilson that the Prince of Condie ded not ovve simple subiection to the king of France but respectiue homage and so was not mearly a subiect bycause it shovveth a palpabl ignoranc of the lavves and customes of France and besides that could not excuse the Admiral vvho at all could not plead anie such protection or alledg anie such prerogatiue For yf H. 2. might committ hym to prison lavvfully Charles the 9. as lawfully might cut of his head But forasmuch as Bezaes sentenc is coninglie vsed and cast as a mist to blyâ—d the eyes of the reader I will disperse the mist and let yow see what kind a man he vvas in his proper humor and in puris naturalibus Read his positions and Catechism of sedition the practise of his pietie the book called Vindicie contra tyrannos whear he acts the part of Iunius Brutus a noble Roman but the suppressor and enemie of kings First pag. 15. he propownds this question yf subiects be bownd to obey ther kings when they command against Gods lavve and then pag. 22. he resolueth vve must obey kings for Gods cawse when they obey God And pag. 24. as the wassel looseth his fief his lordship yf he committ fellonie so the king looseth his right and his realm also And aboue all other this is notable pag. 65. a conspiracie is good or ill as the end is at which it aymeth which is a most wicked Maxime fitt to mantain Rauillac or Poltrot or to be a buckler for the conspirators of Amboys Yet this pag. 66. goeth a degree further The Magistrates and one part of the realm maye resist the king being an Idolater as Lobna reuolted from Ioram for forsaking God Doth not this stronglie patronise the battel of Dreux doth it not teach subiects to rebell and to plead sic dicit Dominus for ther defence but note well how fynelie he fortifieth this axiome pag. 132. The government of the kingdome is not giuen to the king alone but also to the officers of the Realme And again pag. 103. France Spayn and England ar customarily consecrated and as it wear put in possession of ther charge by the states peares and Lords which present the people And p. 199. ther is a stipulation in kingdomes haereditarie As in France vvhen the king is Crovvned The Bushops of Beauuois and Laon ask the people yf they desyre and command this man shall be king And vvhat then surely it is no argument that the people choose hym It is an acceptation no election and a declaration onely of ther submission obedienc and fidelitie as yow may euidentlie perceaue by Frances Rosselet anno 1610. the ceremonies at the coronation When was ther euer an assemblie of the states to elect or consecrate a king of France the kings never count the tyme of ther raign from the day of ther consecration but of ther entrance and Charles the. 7. Gaguin and Giles can witnes was nether crowned nor sacred in eight yeares after he begonn his raigne And for the Peares what think yow that they ar as Ephori No they ar pares inter se not coÌ„panions to the king They ar not states as in Holland to rule and
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
Ashbie and manie other places can witnes and the author of the execution of Iustice giueth better testimonie thereof and vseth it as an argument of the Quenes rare clemencie and her confidence of ther loyaltie further more yf yow look curiouslie and iudiciouslie into it that bull ded not concern ther going to the Church and seruing God but touching the Quenes being lawfull Quene and seruing her after the excommunications Now How these noble gentlmen and others succeading wear vsed and oppressed to what reproaches they wear subiect by the basest skoome of men it is a lamentable storie and would mooue a hart of flint It was not affliction enough to authorise purseuants to search ther howses and Promoters to informe against them but they must also haue a Felton surue yor of ther lands and estates What losses ded they sustain by the leases of the third part of ther lands what loss of goods by rapine what spoyle of woods what bribes wear they forced to geue gratiam emendicando I nead not repeat them I haue sean some part of the proceading For ther committing to Wâ—sbich Banhurie Elie the Fleat York or Ludlovv though they ded suffer ther restraint patientlie yet I must neads pittie them bycause ther they lost ther libertie hazarded health wear forced to neglect ther state vvear detained from ther wiues and children and mayd subiect to the contempt of the world And touching ther being Disarmed yt was more disgrace then loss it prooued they wear distrusted which was a course rather to prouoke then reclayme them But for ther twentie povvnds a month payd into the excheckor that ded lie heauie and mayd the meaner sort grone though I know by the lo B. the rigor and extremitie was a litl qualified Compare these with the Puritans recusants who will beare no such burdens yow shall fynd in the Catholicks more vertue and less insolencie more humilitie and less dainger to the state Compare them with the recusants of France and yow will think our geÌ„tlmen preasts and ther ministers Capitains our Catholicks vnwilling to offend theyrs vnwilling to obeye they defend ther faith with ther swords and resist the magistrate ours endure and sâ—io cui credidi is ther comfort and bycause they haue no Bezaes no Knoxes no Synodes no boutefeus they can not shovv yow a Mountauban or a Mountpellier nor anie other place of assuranc and retrayt but the Fleat or the Gatehows And yet neither in these plotts and treasons supposed to haue bean against her person in Quene Elizabeths tyme nor in that inuincâ—bl armado 1588. nor in that inuisible armie the skarcrowe of London 1599. nor in the vvarrs of Ireland whearin the Quene required ayd of her subiects no men ded shovv them selfs more forward to doe her maiestie seruice nor performed more readilie and franklie what was imposed vpon them nor behaued them selfs vvith more devvtie and less dainger The reason is playne they that refuse to go to Protestant Churches in respect of ther conscienc vvill far more refuse for conscience sake to committ treason a sinn of so highe degree and surelie they that regard so litl ther own bodies for safetie and saluation of ther sowles will never attempt or consent to anie desperate act against the kings person or the state of ther contrie and by such greauous and crijng sinnes hazard the destruction of both bodie and sowle Now yf yow will compare the greauances The Inquisition of Recusants Preasts and Catholicks in England vvith the Inquisition of Flanders one of the long cawses of that warr yow shall fynd heare moe burdens and theirs not heauier It is a rule taught commonlie but learned of fevv quod tibi fieri non vis alteri ne feceris The protestants of E. condemned the name of Inquisition in Flanders bycause ther brethren groned vnder that burden and yet a more greauous load being imposed vpon ther contriemen frends and kinsmen at home they taik no remorse no compassion ther for I will set before yow a glass which shall trewlie represent vnto yow the face form and differenc of ther punishments Charles the 5. at Worms 1521. decreed against Luther onelie Exile and Fyre for his books Anno 1526. at Machlin he set dovvn this penaltie against Hereticks or those that disputed of controuerses of religion or that keapt books prohibited for the first offenc 40. shillings for the second 4. povvnds and for the third 8. povvnds and perpetual banishment as a proper remedie to remooue them from infecting others Anno 1529. yf at a tyme limited they ded not repent ther errors nor disclayme then he adiudged Viris ignem mulieribus fossam as the Canons ancientlie prescribed and as Calum hym self vsed Seruetus Anno 1531. he confirmed the former acts adding that these who keapt such books and defaced and puld downe images male animo should loose ther goods and yet he vsed some limitation and for heresie yf he vvear worth 6. l. and be conuicted of it the delinquent should pay 3. And to avoyd all quaestions 1555. he interpreted and explayned hym self for the penaltie of thes lawes with the aduise of Viglius to taik avvay all occasions that might hinder traffick he limited that the penaltie against those that vvear receauors or abettors of such men should not extende to inkeapers victuallers marchants or mariners and yf the accusors ded slander anie iniuriouslie they should be punished for example sake this though it wear generallie enacted yet it was both intended and accordinglie more seuearly executed against Anabaptists and Libertines the greatest plages of a state After ward king Philip 1555. set down instructions rules and orders direct this court properlie erected for heresie and to preuent secret conuenticles the moothers of sedition and these regia mandata exquisitorum I refer yow to see in the storie of Vander Hare Whearin the king addeth no new amerciements nor deuiseth anie new seueritie for as he answered Montigny he purposed not to bring in the Inquisition of Spayne but to reuiue his fathers lawes nor to create anie new offences but such as wear of old censured for offences both in the Churche and state And yet this proceading ded work ill effects bred in the Catholicks a commiseration of ther contriemen and a greater obstinacie in the protestants Now look vpon E. match and compare The lavves of England against Catholicks them together and yow will fynd the penalties far moe and more seuear To acknowledg the Popes suprematie in spiritualibus is Treason To be reconciled is Treason To refuse the oath of supremacie is for the first offenc premunire for the second Treason For preasts to come over into E. is Treason 1585. or yf they stay in E. 40. dayes after the parliement or yf they wear mayd preasts sinc 1. Elizab. To harbour a preasts is fellonie Yf yong students continue beyond the seas and return not and abiure ther religion and show them selfs conformable it is
decrees the people was directed bothe in Chancerie Rolls and all Ecclesiasticall courts I haue before reuealed ther reasons and puld of all visards which hyde the face of truth After the supremacie was enacted and the Oath commanded the next care was to compell men to the exercise of the religion then established but the seminaries being erected the societie of Iesus encreasing and preasts being often sent ouer into England then begonn fyre and sword to rage the acts of 13. of 25. of 27. the proclamations of 1580. and 1591. wear published against the preasts and fathers and no man is so blynd but may discern the occasion of this rigour was for religion being for hearing mass and confessions which ar the foundation and pillers of religion and yet I confess the iealousies fears and suspicious of the tyme set for ward these seuear courses for thes prouident Counsellors ded think it necessarie by the horror of lawes to maik the seminaries of no vse by barring owt of the realme the Seadsmen for tho they ded obserue hovv far the zeal of the Church had transported the preasts that they preferred the Triumph of Truth before ther liues yet by all wordlie coniectures they probablie conceaued that the name of Treason as a Medusaes head would haue amazed and terrified them 1. bycause it stayned them all with a most reproachfull blott 2. and speciallie bycause they tought it depriued and robbed them of the crown and glorie of martyrdome the trophees of religion 3. besides they supposed that the loss of ther liues in so infamous manner the bleamish and hazard of ther frends and the punishment of ther partakers and abettors would haue vtterlie discooraged them from resorting anie more to England But this deuise ded not prosper it prooued quite contrarie ex cineribus Phoenix religion encreased by persecution owt of the ashes of martyrs so these politick lawes wrought not the effect they wear enacted for and yet wear verrie offensiue to all forrein princes as leges Draconis and phalarismus for these ar euer held to be most godlie lawes that ar least sanguinarie and yet mantain Now forasmuch as vpon worldlie respects A petition and reasons for mitigation manie acts haue of passedin parliement to trie what operation and cure they would works in the state and yf they prooued fruitles medecins or as empirical purgations too violent fitter to kill then to cure then to be repealed and bycause these prouisions and lawes against religious persons ar prooued to be such so they likewise ex gratia speciali and ovvt of his maiesties gracious compassion may be wel abrogated for as they wear mayd for the fears and suspicions of that tyme so by the grace and mercie of this tyme when they ar both neadles and causeles they may with honor be cancelled yf his maiestie shall please and the execution therof suspended to vvhose royall consideration I most humblie offer these few lines as petitions rather then reasons not for iustice but mercie 1. It was euer held against the wisedome and pollicie of this realme to fetter them selfs with too manie shacles of treason and dainger and therfor as 25. Edw. 3. at the petitions of the subiects the king ded declare and determin what should be taken and iudged for a case of treason by the common lawes of the realme so 1. Henry the 4. c. 10. it was confirmed and established that nothing hearafter should be deamed treason otherwise then was expressed by E. 3. And albeyt diuers actions wear strayned vp to be treason for a tyme vvhich vvear not within the list of 25. E. 3. as H. 6. the taking and surprising of persons and goods in Wales so to stand for the space of 7. yeares onelie and 8. H. 6. burning of howses and 22. H. 8. poysoning c. which of ther own nature and simplie wear not treason and therfor had a limitation of tyme annexed to them yet prudently all such former acts vvear repealed and mayd voyd 1. E. 6. for a more indifferent and merciefull proceading vvith subiects that the remedie might not be more daingerous then the disease and that the Lillies and roses of the crown might not be dyed with innocent blood For both in the tyme of Ciuil vvarrs and now while this great controuersie of religion dependeth in England vndecided such statutes open the gate to let in ruine desolation and confiscation bothe into the prisons of preasts and into the castles of the nobilitie and gentrie as appeared by the exampls and daingers of Arondel Northumberland Arden Sommerfeld and diuers others ane what ded happen to them maye endainger all 2. It vvill be a thing incredible to posteritie that so vvise a nation vvould maik that to be treason by parliement vvhich so generallie so perpetuallie ane so ancientlie haith bean honoured end approoued by all lavves vvas not preasthood vsed and exercised by the patriachs vnder the lavv of nature established by Moyses and the lavv of God continued yet in Christ and his Churches and never repealed by anie nevv decree vnder grace and the gospel and yf vvhich is impossible the Church erreth in that poynt of preasthood all ages all fathers all counsels all nations haue liued as blindmen in darknes and a chaos till Luther dispersed the mist is it not likelie Religion and preasthood wear like Hippocrates twins born and bred laughing and weaping beginning and ending together for in Moyses law the preast wear the inquisitors inspectores omnium iudices controuersiarum punitores damnatorum as Iosephus l. 2. contra Appion sets Down yf anie difficultie arise venies ad Socerdotes 17. Deuter and in c. 44. Ezech. Sacerdotes populum meum docebunt quid intersit inter Sanctum prophanum and so Philo. l. 3. de vita Moysis Iosaphat 2. paral and the Sanhedrim it self doth witnes it the reason of these remaineth yet in the tyme of the gospel and ther for by the lawes of England such reuerenc vvas euer showed to religious men that yf a bond man ded enter into a cloyster the law held it more reasonable that the king should loose his interest in the bodie then to be taken ovvt of his order the like vvas iudged yf the kings wards should enter into religion besides an alien can hold no lands in E. yet yf he be a preast he may be a bushop hear and enioy his temporalties as Lanfranc and Anselm wear vvho wear never dennisons Besides the state reposed so great trust in them that they wear maisters of the Rolls Six Clarks nay oft Chancellors and Threasorers of the realm And therfor it was a course of Summum ius by new lawes to punish men for an ancient vocation and so generallie receaued speciallie vvhen the storme is overblowen 3. Besides in Germanie Charles V. punished Luther by Exile and in Scotland by Baratre banishment they punish haeresie so they ded vviselie distinguish Haeresie and Treason as seuerall offences by seuerall
so great importanc as it is in dead to be esteamed for Querelam Ecclesâ—ae quilibet Catholicus facit suam I will endeauor therfor to fift owt the truthe and vvhat is therin to be holden for an infallible conclusion aswel to instifie them as to resolue my self in that poynte which haith mayd manie good and vertuous men in EnglaÌ„d to stagger much And that I may not wander in my discourse nor leaue yovv in a laborinthe I wil set dovvne the trevv state of the quaestion to be argued as they propownd it 1. First vvhether to be a Catholick vvho professeth devv reuerence to the church of Roome and to be a trevv subiect to his Prince and Contrie be incompatible or no 2. Secondlie yf they be incompatible vvhether that incompatibilitie be generallie in all states or but in some particular states and kingdomes vvhether originallie and euer or but at some tymes onely and Whether simpliciter as malum in se or acciden tally onelie as malum prohibitum vpon consideratio of particuler circumstances and enacted by particular statutes and lawes vpon occasion 3. And Lastlie VVhether I uteranism and Caluinism be not more incompatible with loyaltie more opposite and almost contradictorie and that ab origine ffor the better deciding and manifestation of these high poynts I wil maik my first discourse vpon the last Quaestion and wil examin whether the factions and tumults vvhich haue filled all the kingdomes of Europe with blood and Calamitie these hundred yearres haue sprung from the opinions practises and procurement of the Catholiks as an inseperable propertie alwaies to them or ells rather was this mischeafe and the egg of this Cockatrice layd first at wittenbergh for the which they worthilie of late celebrated ther Iubilee hatched at Smalcald and fostered and Nourished at Geneua And this poynt I will argue not as a deuine for I vvill not arrogate so much to my self but historicallie sincearlie and legallie as one that desyres to defend the loyaltie of religious and innocent men rather then ther opinions and assertions vvhich they can best mantaine them selfs and vvhich so manie ages haue embraced with dew reuerence and that plainlie and vvith integritie and truthe vvhich is euer best graced vvith her ovvn beautie and neads no paynting and coolers In the yeare of our lard 1514. The whole estate of the church enioyed peace and The peace of the Church 1514 ther ancient priuiledges all princes vvith great deuotion vvear nurcing fathers and protectors thereof No storm ded shake it no schisme ded break the vnitie ther vvas harmonie and good correspondenc for matters of religion and faithe betwan the church of Roome and the princes and common welths of all Christendome and till that tyme thorough ovvt all Europe speciallie in England from S. Augustines comming hither this quaestion was never mayd nor proposed either in the schooles or courts of common lavve Anno 1515 Martin Luther an Augustin Luther Friar a man of a turbulent spirit learned and yet no famous Clark vvas the first that broke this long and setled peace vvho hauing interposed hym self in that fatall busienes of the Indulgences sent by Pope Leo the tenth into Germanie not properlie appertainning to hym but as a proctor for the order he begonn first to inuaigh against the iniurie do one to his fraternitie His reuolt against the abuses and couetousnes of the collectors and against ther authoritie which ded nominate them and required such a leuie of mooine in that nature This was a popular and plausible introduction to vvin the vulgar sort vvho can not endure the pressure of extraordinarie contributions and alwaies hate the rapine of such collectors And therfor he quiklie fownd manie fauores but much more when he began to exclaym against the ambition of prelats the riot and disorders of religious men taxing some for tytannie some for auarice some for idlenes and ignoranc and all for corruption and abuses Thus he stood in armes and as a challenger for a fow yearres onelie against the defects of the cleargie and with owt much dainger for diuers good men conceaued at first that he had onelie intended and sought reformation of disorders renouation of discipline punishment of irregularitie and amendement of lyfe And that not with owt somme cawse tho withowt good arder For S. Hildegardis had foretould a storme to the church for ther sinnes Sauonarola a Dominican had wakened Italie vvith prediction of terror friar Thomas of Guien prophecied a vae vae a scourge a desolation to Bourdeaux an inundation of miserie to France and the vvorld So then after that Luther ded fynd populo placere quas fecisset fabulas as noueltie is euer at first wel entertained in the world and that the people applauded his actions and desseins and that manie of the best wits speciallie those that wear bred and framed in Erasmus his school wear inclined to second hym and perceauing also that some of the greatest Princâ—s in Germaine ded geue hym both hearing and harting in his proceadings The vayne glorie thereof raised the ambitious conceipt of hym self manie straynes hygher then he vvas in dead all men encooraging hym who whear ticled with new fancies and conceipts which syde alwaies carrieth most voyces for natures most affected to leuitie and chainge ar best pleased with innouations Therupon as a man sick in his spirits and of a fierie disease he begonn to raue and defame all church gouernement He abondaned his cloyster cast of his habit and renounced all obedienc to his superiors For now he preacheth against the His seditions doctrine vvhole cleargie against the tyrannie and superioritie of the Bushop of Roome whose authoritie in matters ecclesiastical vvas then generallie holden for sacred perswading the people not to render anie obedienc to them The Pope he tearmed Sathanissimum papam messer Asino the Prelates he called blind guides the religious Porcos and candles set vndet a bushel thus seaking non purgare abusus sed tollere ordinem Triticum cum Zizanio euellere studebat And vvhy ded he preach such homelies to the people Bycause so should they sayd he stil liue in darknes and in the shadow of death with owt the light of the gospel and be fed and missed by ignorant guides and drie nurces and stil remain in Aegipt the hovvse of bondage and in the captiuitie of Babilon This Prologue mayd attentiue auditors by a fayre shovve and promise of great matters then he begon the Tragedie acted with incredible sedition and insolencie His whole studie was now to demolish the walls of the church and abolish all ecclesiastical orders and so by participation to shake the verrie foundations of the state In this humor he fed hym self with great hopes to conquer the world with the sword of the spirit and to subdew the Pope whome he was the first that affirmed to be absolutelie Antichrist the man of perdition and insignis praestigiator And the
rather bycause now 1519. Maximilian the emperor was latelie dead whose power and wisedome he had great cawse and worthilie to feare and Charles the fifth vvas chosen to succead hym a yong Prince not tvventie yeares of age whome he hoped to persvvade to ruine the Papaltie to keap his court at Roome and maik the castl of St. Angelo subiect to his commands And then he dreamed that he might easilie reforme the church and cast it in a nevv mould Speciallie being assured to haue the Duke of Saxonie old Iohn Frederic the elector his secret frend and patron who for his riches strenth allianc and abilities was farr superior to anie Prince in the empyre What follovved then obserue his course I Luthers bul against the Bushops and Bushopricks and iudg vnpartiallie vvheter it vvas modest and devvtifull or seditious and arrogant First he ptoclaymes open vvart against the Bushops of Germanie endeuoring to suppresse ther authoritie abrogate ther iurisdiction and maik them odious and contemptible to the vvorld Therfor in his booke contra Statum Ecclesiae aduersus falso no minatum ordinem Episcoporum emong his works printed at Iena tom 2. Latin He fends ovvt his bull against the sayd Bushops in these vvores Attendite vobis Episcorum vmbrâ— Doctor Lutherus vislt nobis bullam edictum legere non valde teneris vestris auribus placiturum His lecture vvas worth the haring First he vseth an exhortation Secondlie he geues direction what the godlie auditors should doe and lastlie his benediction and the blessing wich shall follovv by obeying his covvnsell And this vvas his graue and modest counsel Omnes quicunque opem ferant bona famam sanguinem in hoc impendunt honoremque suum in hoc exponentes vt â—â— Episcopatus Pompatici deuastentur tam remoâ—â— alieni ab omni functione Apostolica totumque hoc Sathanicum regimen Episcoporum extinguatur Ili sunt dilecti â—â—lij Dei vere Christiani obseruantes praecepta Dei who soever will hazard ther liues honor and fortune in so Christian a work as to root owt and destroye all Bushops and Bushopricks Satans ministers and pul vp by the roots all ther authoritie and iurisdiction these ar worthie to be honored and esteamed the trew children of god and such as obey his commandements And in libro contra Siluest Prieratem tom 1 Lat. witteberg Si fures furca latrones gladio haereticos igne tollimus Cur non magis hos magistros perditionis hos Cardinalâ—s hos Papâ—s totam istam Romanae Sodomiae colluniem omnibus armis impetuâ—us eorum sangume manus nostras lauemus So hear he will sight against the whole ecclesiasticall Hierarchie and wash his hand in the blood of Bushops But saith he obijciâ—nt periculum esse ne excuetur tumultus en respondeo an ideo negligetur verbum Dei peribit populus as yf Luthers doctrin with owt tumult coult not be preached Martin Marprelat of England and Iohn Marprelat of Scotland wear not possessed with so wicked a spirit and tho they wear mad enong yet they camm not to the height of this surie Let Brunus Minsinger and Gayl iudg whether thi sermon and proclamation of Luthers will beare an action of sedition and conspiracie and whether it weare consonant to the peace and lawes of the empyre For hearby the people was taught and animated to pull down the principal pillers of the state to overthrow the ecclesiastical regiment the Archbushops of Ments Coolen and Trier the Primate of Magdeburgh the Archbushop and Princ of Saltzburgh the great maister of Prussia Wirtzburgh and manie others who haue voyce and place in the diet and a povver full hand in the gouernment Think yovv that this can be avovved to be the act of a loyall subiect of the empyre or vvarrantable by anie lavves or example in a ciuil gouernmeÌ„t that a priuate man should thus insolentlie attempt of hym self against all authoritie for a subiect against the cheafe magistrates for a sheap to depose the pastor and by such meanes and aduise to stirr vp rebellion and insurrection against persons of that qualitie and inso high place and calling Neither ded he euer cease or geue over practising til effectuallie he procured the expulsion and banishment both of the iurisdiction and name of Bushops ovvt of Saxonie Hessia Wirtenberg and vvhear soever he preuayled which paradox I am assured the Lord Bushopes in England vvill not allovv nor patronise such seditious proceading for ther ovvn safetie and ther Baronnies But hear he stayed not he proceaded further 2. Against the He took vpon hym to deface and Canon Lavves burn the Canon Lawes Indulgences and bulles of Popes at wittenberg Yf yow ask Quo warranto he ded that by this own authoritie his own priuate spirit was his commission And the pretenc of the gospell was his Apologie But was that a sufficient warrant Though most of the Canon Lawes wear the constitutions of Popes whome he now both contemned and condemned yet some wear decreed by prouinciall Synodes some by generall counsells and all of them wear ratified bothe by praescription generall approbation of that contrie and the Imperial Lavves And so it appeareth they could not be lawfullie and orderlie suppressed in the empyre withwt the authoritie of the empyre But as he ded seak to abrogate the Canon Lawes so he ded also vilefie and abase the Ciuil lawes of Germanie as shall more pertinentlie appeare hearafter Furthermore as yf it weare to bring in 3. Againsts vniuersities Barbarisme and to pull owt the eyes of the Almains that they might not see his follie and errors he endeauored to abandon deface and ruine all vniuersities Which Oxford and Cambredg wil hardlie beleaue yf I could not produce his own vvords Libro contra Ambrosium Catharinum he writes thus Vt videatur ad Euangelium funditus extinguendum nec astutius nec efficacius inuenisse Satan commentum quam erigendarum vniuersitatum Be vniuersities then an inuention of the deuel and a subtil deuise to oppresse the gospell Is it not likelie That no man might coolor and excuse this grosse paradox vvith some fayre pretence as they oft labor to doe read his opinion libro de Abroganda Missa there he disswades the people from sending ther children to the vniuersities and generallie condemnes them all by these vvords Academias per Idolum Mâ—loch figuraâ—aâ— puto Vniuersities resemble the Idol Moloch By wat reason bycause saith he Existo enim fumo prodeunt istae locustae quae omnes Cathedras occupant Would he then haue all vniuersities suppressed onelie bycause therein the Catholick religion and school diuinitie is taught no in dead for why ded he shut vp the schoole doores formanie yeares together why ded he neglect the teaching and education of yovvth in his own religion and profession why ded he banish Tullie and Aristotle who medl with no religion why ded Carolostad go to the plough rather
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
the 8. nor in Cromwel or the protectors eares and surelie yf a man should ask whether Murrie and Murton in Scotland vvhether Oreng and Horn in the Netherlands vvhether the Admirall and the Princ of Conde in France whether the Protector and the Duke of Northumberland in England had anie politique respects anie odd ends of ambition and auarice other then religion yow will fynd them guiltie and subiect to this censure An other cawse he assigneth for deposition of Princes quando grauant conscientias subditorum And after ward in an other place to show his constancie in that opinion and to expownd his own meaning saith he subditi aduersus superiorem magistratum se veram religionem possunt etiam armis iure defendere si aliter in conscientijs incolumes esse nequeunt with which I think ther is no Counsellor or vvise man but vvould be iustlie angrie yf it should be thus translated the Catholik subiects in England Scotland Denmark or the Palatinate may with armes by law defend them selfs against ther superiors for defenc of ther religion yf they can not other wise quietlie enioy the freedome of ther conscienc For it is not enough and a sufficient replie to say ther religion is irreligious bycause that is the question And in his commentaries in Iudices Magistratus minor potest occidere maiorem and expresseth his meaning in that Case quod tyranni domestici magis sunt reprimends As yf a man should saye baylifs sherifs and Constables for religion may kill kings and counsellors bycause tyrants vvith in our doores ar most to be feared and cut of vpon the former conditions before alledged But was Parreus the onelie protector of these paradoxes and the onelie Doctor that poysoned the Palatinate vvith this infectious doctrine no in dead Gracerus his pewfellow taught that coercenda gladio est Antichristi malitia and in cap. 13. of the Apocal. Benedictus Aretius laboureth to stirr vp the people to hate the name and authoritie both of the empyre and Emperor with this lecture Draconem ait dedisse imperio potestatem suam the deuel errected and authorised the Empyre why In Imperio habitare plenitudinem diabolismi for in the Empyre dwelleth the fullnes of the Deuels Impietie But these opinions I nead not to condemn and aggrauate the dainger thereof yf it be trevv that I haue hard that in Powles Churchyard the fyre confuted them and that worthilie And yet be not so gross as to imagin that onely Parreus Gracer and Aretius taught this doctrine for it is the practise of ther churche Doe not look so stearnlie vpon me for saying so bycause I will iustifie it with euident proof Ther own neighbors and ther elder brothers they haue vsed with this vnciuil and turbulent inhumanitie ask Giesekenius a man of learning and accoumpt emong the Lutherans how they behaued them selfs at Emden a Lutheran state he showeth first ther act 1. Emdenses illustrem Dominum suum mota seditione fere tota ditione pepulissent The subiects of Emden had almost driuen ther Lord owt of his dominions 2. Then ther force and violeÌ„c Pactietiam sunt ne illustrissimus Comes habeat potestateÌ„ vllius religionis nisi Caluinisticae exercitium subditis suis concedere Emdae They articled with hym that his excellecie should not haue powre to grant to his subiects at Emden the exercise of anie religion but Caluinisme 3. Lastlie ther grace They hate and persequute the Lutherans and kyndnes to ther soouerain Et tamen liceat ei in aula habere concionatorem qui sit Augustanae cenfessionis They will notwith-standing tolerate that he shall be suffred to haue a preacherin his court of the confession of Auspurgh A great fauor subiects will tolerate ther Princes religion and frame it for them selfs after ther own cutt they will direct ther gouernor and he must obey Some curious man will suppose this was a tumult and that the church of the Palatinate ded not warrant anie such proceading against Lutherans ther brethren then mark and consider this Anno 1602. ther wear 20. poynts established in the church of the Palatinate And the first articl was totus Lutheranismus omnes libri eorume â—edio tollentur They decreed that all Lutheranism and ther books and writings should be prohibited and abolished and in the same Synod diuers opinions of the Lutherans ar recited and condemned as yow may see by Schulting in Hierarchica Anacrisi libro 15. pag. 98. whearof certanlie ther is great reason for ther is an impossibilitie that Lutherans and the ministers of the Palatinate should quietlie liue tother in one Ecclesiasticall government they ar incompatible in respect of ther discipline ther consistories ther elders to say nothing of ther doctrine For these ar the barr that hold owt all ciuil societie and concurrenc betvvean them these ar the cawse why they eiected the Lutherans ovvt of the Palatinate ovvt of Brandenburgh and owt of Emden these ar the cawse why the Lutherans wiselie prouide that they shall haue no footing in Saxonie Hamburgh and the Hans townes And these vvear the cavvs why that great Synode of Torgaw convented by the meanes and procurement of the protestant Princes ded testifie that Caluiniani Christianas Ecclefias omnes academias regna turbauerunt ac vastauerunt And yet neither ar Caluinists comprehended vnder the peace and protection of the Empyre and the religions vried is no vvaye permitted to them As appeareth by the edict of Charles the 5. de compositione pacis cum protestantibus anno 1532. not in his sentenc de confessione Sueuica 1530. nor in the interim 1548. nor in the constitution de pace publica And touching the acts mayd by the Emperor Ferdinand at Passau 1552. the verrie words exclude them from all benefit of the pacification as a thing not intended vnto them viz. Intereatemporis nec nos Electores Principes c. quempiam ex Augustanae confessionis statibus propter religionem vicogere bello c. volumus sedsuae religioni fideique quietè stare cadereque sinentes And he declareth and explaneth hym self 1555. at Auspurgh Propter Augustanae religionem confessionis nullam violentiam Ecclesiastici inferant sed liberum eius exercitium permittant vsque ad controuersae religionis compositionem I may hear fitlie alledg the conclusion and agreement of the states of the confession of Auspurg the thre Electors and the rest of the Princes and Citties Postquam Deo it a permittente praeter nostram Christianam religionem confessionem haereses sacramentariorum Anabaptistarum Osiandrinorum c. irrepserunt quae omnes à pace religionis exclusae sunt volumus vt contra illas in communi mandata edantur vt eiusinodi haereses eradicentur and this was enacted 1557. so it is most playne that Caluinism is ther iudged an heresie by the protestant Princes them selfs and banished the Empyre and anno 1566. Caesar and the Princes in the Dyet decreto publico scripserunt ad Fredericum Palatinum vt
persons it a bated much the glorie of her wisedome and heroicall spirit and gaue the world occasion to suspect that all her former actions wear counterfeit and camposed for her securitie to temporize and to misdowbt that she was not innocent and cleare of these great not capitall crymes layd to her charge for vvhich she had stood in no smal dainger Ant to speak frelie and trewlie my opinion she was a Prince of great Maiestie and magnificens but fitter for governement then deuotion and of more pollicie then religion and not as her sister vvas the same in a storme and a calme a Quene and a subiect nor semper eadem But how and by what means ded she Hovv religion vvas chainged contriue and work this admirable mutation of state I vvill breaflie declare for tho it be not proper to my quaestion it is not impertinent and may be of some vse 1. First the long sicknes of Q. Marie gaue her great aduantage and tyme both to deliberate and draw her plattformes prepare her instruments in readienes maik choyce of her means and resolue of the fittest counsellors to aduance her ends 2. Secondlie she layd her honor to pawne and mayd protestation in open parliament that she would never trovvble the Roman Catholiques for anie differenc in religion vvhich ded geue the Cleargie great hope of some more indifferencie and tolerable fauors the which is related by How 's in prefat of Q. Elizabeth for knowing well that a king can not create a new religion as D. Bilson sayd trewlie meaning that it must be the act and work of a parliement therfor to winn the Bushops either to silenc or patienc she wiselie vsed that peace of art The which thing vvas vvell noted by Monsieur de Mauuissier vvho was long french Embassador in England and a curious searcher and obseruer of matters of that nature saith he lib. 2. pag. 61. in Les memoires de Monsieur Mich Castelnau Quene Elizabeth purposing to chainge religion that she might the better vvinn the Bushops she promised to follow ther aduises in all things and therby preuayled not a litle And though manie fyne sleights wear vsed frownes and fauors promises and threats yet notwithstanding by that parliement both the statuts for the supremacie and the abrogation of the old religion wear enacted 3. Add also that when the act vvas mayd for supremacie vvhich must ever be as the first great vvheale of motion bycause by king Henries lavv Bushops and Barons stood in dainger for Syr Thomas Moor and Bushop Fisher had giuen them vvarning to look to ther heads therfor novv in this nevv edition of the supremacie first the vvords of supreme head vvear chainged into supreme gouernor vvhich qualification of the vvords being aequiualent vvas vsed but as a mask and shadovve to bleare the eyes of the people and secondlie the Barons and Lords vvear exempted from the rigour of the Oath to vvinn them the rather to consent to the act and so to leaue the Bushops in the briars to beare the brunt of the storme ensewing 4. I knovv yow will admire and yow maye how this chainge could be vvrought in the vpper howse by most voyces considering so manie Bushops and so manie Lords vvell affected to religion had ther suffrages there Remember first that king Henrie pulling dovvne the Abbies vveakened the strenth of the Cleargie taking avvay by that meanes twentie fiue voyces of Abbots who satt there as Barons of Parliement and besides Sinon who managed that busienes showed all his conning therin and as a maister of his art For the noble Earl of Arōdel abused and fed with a vayne hope by the ayd of the Duke Northfolk engrossed into his hands the proxies and voyces of so manie Lords to be disposed at his pleasure and to serue and further the Quenes desyre and ends that the Catholicks wear overswayed and born downe by the pluralitie of six voyces onelie And how God rewarded these tvvo great Princes the instruments of that seruice the world may iudg by ther afflictions as spirits that haunted them tho to expiat that fault the religious and noble Earl Philip suffred the martyrdome of a languishing sowl A strainge and memorable mattet it was to haue a new religion introduced and no Bushop nor religion man to consecrate and aduance it with one voyce for the vehement oration of Abbot Fecknam aginst it is fresh yet in memorie and how all the Bushops obstinate refragati sunt Camden doth witnes and that noble Lord Montagew sensible of the scandall thereof opposed it vvithall his force vvho together vvith D. Thurlebie Bushop of Elie had so latelie bean employed at Roome abowt it and vrged that the vvorld would disgrace fullie censure such a soodain chainge and innouation proposing also the daingers which weare like to ensew and so ded by excommunication But for ther better assurance to preuayle in the vpperhowse and more stronglie to ouer-rule the Bushops and the Abbots the Quene created diuers nevv lords VVilliam lord Parr Marquis of Northampton a good speaker and a wise man the Earle of Hartford the Vicount Bindon the lord Saint Iohn of Bletso and the lord Hunsdon all Protestants and men fitt to build a new Churche And to be better armed the Catholick partie was weakened by discharging from the counsell table manie of the old counsellors the lord Chancelor the lord Priuie seale Secretarie Boxall and Syr Frances Englefeald and in ther roomes wear placed Syr Nicholas Bacon the Marques of Northampton the Earl of Bedford Sr A. Caue Syr Frances Knolls Rogers Parrie and secretarie Cicil all fitt men to beare parts in that Pageant And further she deposed manie of the old Iudges and mayd also new Iustices of peace and gaue order to vse all vvarienes in the election of knights and burgesses that they might likewise maik ther partie good in the lovver hovvse which yow would wnder to heare how politicklie it was performed Furthermore to taik all scrupule owt of the heads and harts of the people and that they might conceaue that the seruice and religion still continued the same the ould was but transtated into Englishe onelie for ther better edification and vnder standing they directed that the alteration should be framed as near to the old as they might well doe And so it was in dead verrie politiclie handled For they bothe admitted and continued the title and iurisdiction of Bushops vvith some litl grace and authoritie and they permitted the vse of surplises caeremonies anthems Organs and manie prayers in the forme of the old Whearby the Quene vvas the better able to excuse her fact to forrein princes for this great chainge as she ded vse the same for her reason to Secretarie d' Assonuile who was sent by king Philip to congratulate her aduancement 7. And touching the communion book it vvas composed by certan commissioners appointed for that purpose Parker Grindal Horn VVhytehead May Bill and Syr Thomas
Smith and it vvas mayd according to the liturgie of the straingers of Frankfort 1544. all of them of Bucers stamp and not much varijng from that in king Edvvards tyme. The which Parr Russel Grey of Pytgo and Cicil approoued but all those of Geneua vtterlie disliked not knowing the Quenes reasons nor regarding them 8. Lastlie the instrumentall cawses and cheafe artificers for building this new work wear choyce men all bothe for experience and pollicie Syr William Cicill mayd second Secretarie in king Eduuards dayes in an age whearin a man might learne more conning them vertue a wise man for practise and one that knevv well how much this alteration would serue his turn and raise his fortune and at that tyme he vvas hongrie hauing onelie the personage of VVimblton and certan lands abowt Stamford as appeared by his letter to the lord Marques 1560. vvhen Syr Robert Cicil vvas borne desiring the lord Threasorers furtherano that the Quene would grant hym some means and maintenanc for these two C. C. solike to be famous in England herafter Syr Nicholas Bacon was an others his brother in lawe a man of Deap iudgment of more knowledg in the lawes and a more plausible Orator I may not forget the Lord Robert who solelie to posses the Quenes fauor by a trick discarded Syr Williā Pickering then a fauorite and a courtlie gentlman neither can I omitt Seigneur Nicholas Throgmorton S. Tho. Smith and manie others who wear now in hope to fynd that which they had long gaped for such offices and preferments as they wear like to loose who held them in Quene Maries tyme. Better Enginers and fitter men could neither haue bean wished nor fuwnd then all these wear to vndermine and cast downe the Cleargie and the old Church governement vvho possessing vvholie the eare and grace of the Quene satt vvith command at the stearne and as pylots of great estimation guided the course both of the Church and commonwelth at ther pleasure thoughe manie men vvondered how maister secretarie could so soone forget his beads and his breuiarie whearwith he counterfeited a Catholick and vvonn Cardinal Pool to stand firmelie his frend Notwithstanding all this choyce of men and preparation of meanes ther courses and cownsells gaue occasion of more trowbles continual feares and greater hazards and daingers to the Quene the realme in all her tyme then ever anie architects of innouation committed And no maruel for ludit in humanis diuina potentia God doth skorn and frustrate the pollicies and shifts of men that haue nothing els to trust to but shifts and he vvill euer teach the wisest to see ther follies and a litl to humble them those that ar most prouident shall by ther errors learn that plus est in arte quam in artifice For now the Quene by this act of Innouation left destitute of all her allies and confaederates vvas driuen to stand vpon her own gard and lie open to all stormes hauing France an enemie and Spayne a frend skarse contented and so was driuen euen at first to ronne vpon a rock forced to assist the rebells in Scotland against ther Soouerain and to send them ayd to expell the french employed ther for ther Quenes seruice It may de yow think this a trifle mark the rest To succor the Admirall and rebells in France she Inuaded Normandie and took possession of Nevvhauen and Deape deliuered to her by the Vidame of Chartres was this a glorie the disgrace in loosing and ill defending Newhauen was a greater bleamish to them then it was honor to haue them yealded and offred to the Quenes disposing and speciallie seing they might therby either haue brought Callice home againe or haue locked vp the gates of Roan and Paris And they ded neither but bring home the great plague as a scourge to the realme for that offence furthermore for the securitie of the realme and to diuert all warres from home they wear driuen not withowt touch of the Quenes honor to kindl the fyre in all other adiacent nations and then to publish a declaration and reason of ther actions as yf the world could not read the trew cavvses of actions vvithovvt the spectacles of those ancient Senators Whearupon they ded ayd the Princes of Orenge against king Philip vnder pretenc of amitie and league vvith the howse of Burgondie and the kings of England which was a litl to grosse for so excellent vvitts considering that the amitie vvas contracted with no subiects nor states but betwean the kings of E. and the Dukes of Burgondie wheareof the states had the benefit and wear partakers but not authors comprehended in the treaties but not treators fayre coolors for fovvle errors And why for so she gaue a president against her self that forrein Princes might be vvarranted by her example to inuade her ovvn kingdomes to releaue her subiects yf they should rise for religion and to learn the waye to Ireland and requite her And the showe of Religion serued them fitlie for there purpose But surelie I haue hard verrie wise men much condemn the course Bor though England ded assist there neighbors on all sides vpon the reason of state which Polibius prescribed Vicininimium crescentis potentia maturè quacunque ex causa deprimenda which is an axiome that is oft inconuenient and ofter iniurious and sometymes pernicious Yet the counsell of Thucidides vvas more proper and safer Nullus princeps à suis subditis iuste puniendis arcendus est qui id facit parem in se legem statuit ne suos ipse puniat delinquentes And heare I must commend hym to haue said this vviselie who saith all things wittielie The vvisidome of the latter tymes in princes fayres is rather in fine deliueries and shifting of damgers vvhen they ar near then solid and grovvnded courses to keap them aloaf The grownd of all these trowbles vvas the pretenc of Sinon Viz. Actum esse de ea si pontificiam authoritatem in quacumque re agnosceret as Camden saith the Quene vvear vndoone yf she acknowledged the Popes authoritie Mark his reason duos namque pontifices matrem illegitimè nuptam pronunciasse and by that argument he suggested that it was best to alter religion inuest her self in the sooueraintie and banish the Popes bulls from grasing in this kingdome and all obedienc to that sea This was a course neither at home nor abroad to keap daingers aloofe and vndowbtedlie yf Henrie the 2. or Frances the 2. of France had liued that error was like to haue wrapped the realme into ineuitable perills and might by all probabilitie haue serued as a bridg to haue let the Quene of Scots passe over into England vnder her own title and the banner of the Church solliciting for her better warrant the renewing of the bulls of Clement the 7. and Paulus 4. against her moothers marriage and her own illegitimation and the rather this might haue bean doon by the error of them that
patients that suffer and beare there crosses either within or vvithowt the realme withowt the realme wear and arr the Seminaries of Preasts religious men and students within the realme ar the Recusants vvho daylie taist of affliction and haue not a light or small burden to beare vvho all suffer for ther conscienc and secundum magis vel minus participate of the miseries incident hear to Catholicks Touching the Seminaries when the ould Cleargie and preasts wear some Languishing The Seminaries in prison some in exile manie dead and all in disfauor the Secretarie and some politcik protestants both hoped and promised that preasts and preasthood would be shortilie worne ovvt and extinguished and in dead abovvt the yeare 1576. there wear not aboue 30. of the old preasts remaining in the realme whearupon D. Allen a man born to doe God seruice and others of the Cleargie owt of ther prouidence and Charitie begonn the Seminaries at Douay 1569. and why To preuent the decaye of religious professors to setl a continuanc and encrease of preasts for the better propagation of religion to preserue a visible and Catholick Church in England and for the instruction and trayning vp of yong schollers in a setled course of studie conference and exercise and so to bread in that nurcerie yong plants continuallie fitt to be drawen owt for employments in England to vvinn sowles to instruct them in cases of conscienc and so spreade abroad ther knowledg and vertues into all ports of the land And that Seminarie vvas not erected against lawe for the statute was mayd long after when they had taken deap roote and then was it too late either to transplant them home or by threats and terror to prohibit ther proceadings But these ar sayd to be schooles and harbours to noorish such men as ar 1. base and fugitiues 2. such as corrupt the land with false doctrine 3. and such as ar ministers of practises to disturb the kingdome to stirr vp rebellion and to with draw the subiects from ther obedienc And ther for the proclamation 1580. and other statutes wear iustlie mayd against them But how doe they answer it In dead it is trew that great Pronotharie and clark of the execution of Iustice obiected so For ther basenes at Douay and S. Omers much against them but for ther basenes I haue obserued well and am assured that at Douay ther be gentleman both in the Colledg and monasterie of as good families as well bred and as learned schollers as I haue knowen in the vniuersities of England whearin I was no strainger I will not compare them for so I might maik them odious nor yet will I detract from the milk of my own nurces but I may trewlie ovowe that they ar so orderlie gouerned as maikes ther demeanor ciuil and supra aetatem religious and deuowt and how can it be otherwise for they spend there tyme most in studie in exercises of learning and in matters of deuotion Neither ar they in such dainger of Debauchment or the infections of disorder for they be strictlie keapt to ther task and rather vvonn then forced to yt and tho they be brideled with a hard bitt it is carried with a gentl hand and greater care is had bycause manie of them ar of eminent families and noble parentage who though they can not dravv ther pettigrees from Lewlin Prince of Wales as the Pronotarie doth yet can they show a discent both ancient and honorable neither yeomen of the wardrobe nor yeomen of the gard And touching ther being fugitiues they answer well for them selfs that they deserue not properlie such a title for they liue not ther as owt lawes but for conscienc sake and to auoyd the rigour of the new lawes opposite to the doctrine of the Churche Secondlie they liue not there for faction 2. Fugitiues or vndewtiefull affection to his maiestie but compelled by extreme necessitie the Catholiks hauing in England no Churches no Catholick seruice no dew administration of the sacraments nor vse of the sacrafice of the alter and so they saye they should liue in England as bodies withowt sowles or sowles withowt food and so either be starued for want thereof or become Apostates from ther religion or liue as Atheists withowt religion Thirdlie yf yovv put vpon them the disgrace full name of fugitiues onelie bycause they doe not accommodate them selfs to your Canons and the iniunctions of the present tyme and therfor depart owt of the realme To let pass Bartie Knolls Hales and others yow must not forget that your great Doctors Iewel Horn Cox Pilkinton Poynet and manie others ded taik the like cours in Quene Maries tyme. And yf these men wear not fugitiues and deserued in your iudgment no disgrace for remaining at Frankfort Strasburgh and speciallie Geneua noted for the Seminarie of all Conspiracies in France how comes it to pass that those at Douay and S. Omers being in the same case ar so hatefullie censured to be fugitiues And yf they wear fugitiues as the lawe also then ded iudg them yow ded so welcome them home with the titles of Lords and Bushops that I perceaue to be a fugitiue of your making is but a verball obiection and not a reall scandall Besides they answer trewlie and reasonablie As they can not remain in England withowt dainger and offenc of lawe so when they come over hither they committ treason and yf they returne a promoter or a purseuant vvill shovv them the waye to Nevvgate except they renounc ther religion vvhich yovv esteame peraduenture but a Peccadilio and that is euident by the statut 25. Elizab. c. 2. wherby yong men that returne not from the Seminaries and abiure not ther religion ar mayd guiltie of treason and they vvho send them releaf and exhibition fall into the dainger of a Premunire what remedie can yow teache vs against this Dilemma Yf they might fynd grace and haue the happienes to be freed from the dainger of these Lawes and vvhich they humblie craue toleration of ther consciences and religion neither Doway nor S. Omers could hould them they would quicklie show ther dewtiefull affection to ther Prince ther naturall loue to ther contrie and for ther parents and kindred from whome they ar separated to ther great discomfort they should playnlie fynd that kyndenes would not creape when it may safelie go 3. They corrupt noâ— the Land Now touching the next poynt whear with they ar charged for corrupting the land with false doctrine First in this accusation as yovv presuppose Caluinism and your religion to be an infallible veritie so the preasts and religious heare ar as confident that it is impietie On both sydes ther ar learned and vertuous men and one will not vayle bonnet to the other how then should the quarrel be decided or shall it remain perpetuall and a skourge to the world The Bushops in the first parliement of the Quene ded vrge and offer
Deus ipse effâ—câ—tur immeâ—iate eorum caput As now yow imputed to D. Allen the citing of that text in Num. to be a position and principl of Papists to depose and murder Princes I shovv a Caluinist that affirmes the same and overmatcheth hym Iam sumus ergo pares but yet is ther odds for D. Allens words and scope differ from Goodmans Goodman warrants the peopl to execut ther Princ geues them reasons shovves the vvay and to confirm them maiks it Gods act D. Allen complayning against the rigour and seueritie of the lawes of E. showes they ar not to obey and perform them but stirrs not vp the peopl to rebell he showes what resistanc may be warranted but incites not to resist I vvill cite his own vvords cap. 5. â—ro Catholica religione certaere praeclarum sed modo tempore Vt conscientiae lex sacra supremi pastoris sententia dirigant So then he recites Deuter. 13. and Num. 25. and infers Illud autem in omnibus ijs exemplis notandum populum non sua voluntate impetu ad has Caedes sed à prophetis Sacerdotibus commonefacti id quod omni posteritati sequutur examplo est ne aliâs priuato odio superbia c. in errores ruamus imbrobitatem nostram religionis velo tegamus So hear is more discreation and more dewtie then ad furcas abripere more order and governement then suspendere as in furie more religion then to teach that God ded authorise the peopl to so desperate actions Doctor Sutclif in his book called Turcopapismus 2. F. Parsons obiected this against Fa. Parsons Lopez à personio Iesuita Hispanis quibusdam ad reginam interficiendam magna pecunia conductus nisi vigilantia Essexij scelus deprehensum I will tell the Doctor such an other tale to maik hym amends Peter Pannie a Cooper was reported to haue bean hyred by Mauaraeus rector of Douay prouincial of the Iesuits to kill Count Morrice and vpon examination of the matter it was found a fable as this is which the Doctor deliuereth so confidentlie for in that action of Lopez ther was no man accused but Portingals and Spanyeards and in the examinations which I haue sean and read whearin all the circumstances ar declared all the aydors moouers and actors ar nominated there is not one word of Fa. Parson And vvhen maister Egerton ded in the Guildhall most largelie and eloquentlie vrg all he could against Lopez not a word was spoken of F. Parsons which he would not haue omitted yf ther had bean cawse and all men knevv that knew hym that he was not a like man to venture his reputation in a forrein bottom subiect to so manie leaks and so much dainger as that was and therfor this was a scandalous fiction But the Threason of Parrie is low dlie 3. Parrie sownded in all mens eares as a reproach and stayne of Catholick religion bycause the Pope by his letters had prouoked hym to kill the Quene hear is some probabilitie yet this is no stayne at all for Parrie confesseth that maister Wats a seminarie preast with whome he had conference disliked both his motion and attempt and tould hym that it vvas an vnlawfull practise and that diuers other preasts ded the like Besides at Lyons when he cam to Fa. Creighton a Iesuit after his confession he opened to hym his intentions belike perswading hym self that the good father would byte at such a bate But Fa. Creighton vertuoushe resolued hym quod omnino non liceret it was against Gods lawe and by diuers reasons disswaded hym and thus much he hym self confessed to the Quene Hollinshead in his chron wituesseth it and few men that ar of experienc abowt London but know and acknowledg it So ther is a discharg both to the fathers and preasts for Parries treason Now touching the Popes letter yow must vnderstand that this counterfeit had bean long vsed in Italie as a spie and fynding vpon his return so litl encooragement at Lyons by the fathers he trauelled to Paris whear he sought to insinuate hym felf into D. Allen and Fa. Parsons who wear there with the Lord Paget But not fynding such entertainment at ther hands as he expected he was brought by means to the Nuncio to whome he deliuereth a letter written by hym self in Italian and directed to the Pope 1. Whearin first he confessed the wrongs he had doone to Catholicks 2. That he was going into England to maik some satisfaction by his seruices and 3. desiring his bsnediction and approbation vvithovvt specifiâ—ng anie particularitie he meant to performe there which letter is yet extant at Room vpon record and to this letter Card. Como answered and vpon this is all the triumph The letter of C. Como is common examin it and see yf either ther be anie particuler seruices intimated or anie seditious directions giuen from the Pope more then an encooragement in genere to an offer in genere What then can yovv reasonablie infer vpon this to disgrace Catholicks yow may inferr that the Popeshowed a fatherlie affection to England that would vouchsafe to write to Parrie promising to doe some good seruice but by that letter yovv can not infer that he exhorted or encooraged Parry to anie treasonabl act speciallie considering that such actions be notoriouslie condemned by the sea Apostolick Councels fathers and schoolmen But it vvas Parries deuise to procure that letter to serue his turn in England and to vse the Popes name both to abuse the Catholicks and deceaue the Quene vvhen he departed secretlie from Paris vvithovvt an Adieu to F. Parsons vvith vvhome he vvas not vvel pleased for being ill regarded he vvrit to the Lord Burlie for a passport that he might come over and impart to the Quene great matters he vvas admitted the Quene hard hym and he informed that the Iesuits mooued hym to kill her yet in the Parliement hovvse he defended boldlie Catholicks and religion for vvhich the hovvse committed hym to the tovvre not knovving that the Quene vvas priue to his purposes and that her intention vvas therby to geue hym reputation and credit vvith the Preasts and fathers for now he had continuall accesss to the Quene he hoped to be maister of S. Katharins vvas in great fauour vvith the lo. Threasorer and was employed to discouer the plats and intentions of forreiners and at home to betray the Catholicks and particulerly the Lord Lattimor whome the Threasorer studied to haue caught in Parries nett But he that was trew to no man prooued false to hym self and vvas taken in his own snare hauing met vvith witts overreaching his and perished so worthilie as I may trevvlie conclude quis paena eius mouebitur qui id commiserit pro quo nemo misereri misericors potest Yet this was generallie iudged the more 4. Fa. VValpool and Squire probable that the Pope and the papists ded employe Parrie bycause Fa. Richard Walpool was accused to
the exposition of a statut that yf the preambl showeth anie dowbt to be before either in common law or some statut and afterward doth enact that thus it shall be in that case it must be taken that the lavve doubted of vvas so before For ab expositors of dowbts they would not ordaine it otherwise then the law was Now it appeareth by that statute scilicet by the common lawes of England and by I. Stanford in the pleas of the crown 1. that Treason must ever be an action not an opinion nor a profession for a man can not properlie be called Traytor till he committ an act that geues hym iusthe that denomination For Oldcastel vvas condemned a Traytor for his act in one court an heretick for his opinion in an other court and so wear Cranmor and Ridlie for ther actions 2. yt must be the act of a subiect against his soouerain Now what hurt had euer king H. 7. or his progenitors by anie subiect who was a preast sayd mass c. or can yovv show that anie real treason by preasts was committed or intended against the late Quene ded they euer procure sedition or stirr rebellion actuallie 3. and that was neadful to be prooued for Treason must be for offences in the highest degree bycause the punishment extends it self to all his posteritie that offends so to the ruine of his familie and to terrifie others 3. So then by the common lawes it is not treason But D. H. elench was quatenus he is a preast he is not a traytor but quatenus he doth the office of a preast in England Subtilissima subtilitas and yet bycaus false it preuails not For the function it self is mayd treason and therfor the act looketh back to 1. Eliz. to maik all preasts traytors that had ther orders sinc that tyme. 4. Besides by the prouiso of the act 25. and 27. Eliz. yf anie preasts committed shall submitt them selfs to the Quenes lawes and taik the oath they shall be freed from the penaltie of this act and so they shall not be iudged traytors yf they renounc ther religion as Bell Io. Nicholls and others ded wherby it is playn they ar not traytors simpliciter but secundum quid not for fact but opinion and to be enlarged vpon condition and seing it is in ther powre to maik them self in instanti no traytors It appeareth ther offenc is not properlie treason for yf it vvear so by 25. E. 3. ther acknowledgment onelie and conformitie and repentanc neither could not would haue discharged them from the Iustice of the law 5. Exampls wil maik the case playner Wilm Anderson a Seminarie Preast vvas executed 45. Eliz. for being in England contrarie to the statut so was M. Barckvvorth anno 1600. that vvas ther treason Tho. Pormort 35. Eliz. was attainded for being a preast residing in England and reconciling and Barvvis vvas executed for being reconciled that vvas ther treason both spiritual matters yovv may as vvell call Mithridate poyson black whyte vertue vice as to call religion treason but the lavv haith so called it A nevv name alters not the operation of an old vertue the cavvs of the death maiks the martyrdome not the name And surelie this act of generall diffidenc encreased more discontent But vvhat ded force the state to vse such violent and extraordinarie remedies vvhat ded bread such intricate trovvbles the extraordinary chaing of religion ded cast them into this laborinth bred these discontents procured all these enemies and forced the counsellors so to punish preasts 2. as Camden noteth the opinion of the Quenes illegitimation abroad 3. the iealouslie had of the Quene of Scots whome they dowbted most for her religion allianc in France fauor of the Pope and her proximitie and near kynred to the crown 4. the bull of PIVS V. And 5. the dowbt of the howse of Guise in the behalf of ther neace and 6. lastlie the offenc of the k. of Spayn for ayding Oreng and intercepting his moonie these wear the cawses that induced the State to prepare arme and vse means to preuent all mallice and mischeafe And knowing how strong a wall England haith for her protection and yet vvith in them selfs what a partie religion had both in E. and Ireland and no men wear so like as preasts to stirr vp all the humors in the bodie of the realmes therfor to keap then owt to expell them and to curb them yf they came in tey wear driuen to vse this pollicie to maik yt treason to be a preast or to mantain a preast And as this was mayd law by that glorious Prince who neaded such a deuise so it may be abrogated by hym that neadeth it not It remaineth that I shovv yovv vvhat Recusants men these Recusants arr vvho suffer in England and hovv they haue bean put to the triall of ther vertue The Recusants ar such as by the nevv lawes ar men marked owt that refuse for ther conscience to frequent the ordinarie prayers sermons and communion appointed by the Church of England this is all ther offenc and the sole trevv cawse they the lavv doth take notice of them and that fault bycause it showeth onelie that they ar not conformable to the Quenes iniunctions and the Canons of that Church and doth not conuinc them of anie disloyall affection to the Quene and the state ther for they ar subiect to a pecuniarie mulct vvhich the Scots men name verrie properlie and significantlie Saule moonie They haue allvvaies bean and yet arr persons of good qualitie manie of noble parentage most of vnder standing fevv of the meaner sort and all men of vertue and pietie vvho haue learned vvhat accoumpt is to be mayd of conscience And of this sort of subiects diuers haue bean euer since the first alteration It vvas an information of more mallice then truth by that profownd Casuist and Reporter of the lavves that from 1º Elizab. No person ded refuse to come to the Church to publick and vsuall prayers till the bull of Pius 5. vvas published As yf that bull had bean the sole meane to induce recusants to disobey the Quenes lavves and so to maik disloyaltie and disobedience the Original of recusancie I knovv he could not be ignorant that all puritans refused to come to Church or to communicate and wear best content to walk in the Church till sermon begonn so much they ded dislike the liturgie of England Besides he forgot hovv manie Bushops and preasts wear then knowen and professed recusants and how manie noble men and gentlmen of accoumpt ded forbeare to show them selfs members of that Church I maruel hovv he could conceaue that onelie Leuites and Prelates wear left to pray and serue God for a people who showed no religion nor constancie to wards Gods worship in tenn yeares No Sr England had manie worthie men at that tyme vvho never bowed ther knee to Nabugodonosors statua as Lanhearn Grafton Dinglie
Treason To bring in an agnus Dei beads or crosses is premanire To bring a bull from Roome or anie sentenc of excommunication which toucheth the Quene is Treason To absolue or reconcile anie man is Treason He that commeth not to Churche vpon each sonday was to pay 12. d. and be further censured but afterward he that refused to hear ther prayers and communicate 27. Eliz. is to pay for euerie month 20. povvnds and he that can not pay it his bodie shall fyne for it in prison To depart owt of the realm withowt the Quenes licens and not to return within 6. months after the proclamation is an offenc so great that the offendor shall forfeit his goods and his lands during his lyfe To hear mass is an offenc fyned at a 100. marks Yf a man suffer his sonn or his seruants being not a merchant to go beyond seas he shall forfeit 100. l. Ther ar manie mo but these ar too manie now whether of these ar whipped with the greatest scourge vvhether of these lavves ar most seuear and haue most nead of mitigation the name onelie of Treason is terrible and overgoeth far the rigor of the most rigourous and capitall lavves of the Inquisition and when I haue named that I sleightlie pass ouer the loss of goods emprisonment reproaches chaynes and fetters exile aggrauation of offences which vvould haue appeased the vvrathe of Minos or Rhadamanthus But the rigour of the execution of these lavves is most to be noted The tovvre vvas full of such patients and nevv prisons erected to entertain them and hovv they vvear at that tyme vsed yovv may best knovv by the exampl of dealing vvith maister Tregion at Lanson of maister Rigby of maister Christophor watson vvho perished at york vvith the infection of the prison as 18. other prisoners for religion ded 1581. Add to this the strict examination of Iustices the proceading of the high commissioners the inquisitors in E. the Harpies at visitations the promoters in temporall courts informing against them purseuants searching the hovvses of men but suspected and how much they wear noted that affoorded anie charitie or almes to such persons And surelie it is a thing I maruelat that so great and wise counsellors would not remember that note of Tacitus as a stayne of gouernment that â—oâ— esse delatores in republica vvas a certan sumptome of a diseased state I can not forget tho I would Racks and torments the examinoâ—s of Fa Campion and Fa. Sowthwel and manie others but satius est pertransire calamitatâ—m publiâ—am Therfor I may iustlie affirme that the Catholicks in England ded endure greater torture by the lawes of the realm then the Geuses ded by the Inquâ—sition and had therfor nead of more commiseration speciallie vvhen puâ—itans Anabaptists Arrians nor Atheists wear so curiously searched for nor so terriblie afflicted But the great cross Crosslet is this exceading all punishment that they generallie gaue owt in proclamations 1591. and in the book of execution of iustice that no man was punished for religion no mans conscienc was examined for his faith A politick deuise to blind the world with show of humanitie and to preserue the opinion of the Quenes mercie vnstayned vvith anie aspersion of creweltie so they abuse the credulitie of forrein states to aggrauate the offences of preasts and prisoners But was no man punished for religion in Q Eliz. tyme 1. ther vvas a general pardon 1581. whearin a strict caution and prouiso was that the benefit thereof should not be extended to anie person in prison or recusant for matter of religion and yet all malefactors had ther part in the pardon and was this no punishment nor partialitie 2. the Recusants pay 20. li. povvnds a month in regard of ther religion is this no punishment is not this properly called Sawl moonie The Turk layeth not such a tribut vpon the conscienc of Christians nor Christians vpon the Iewes 3. the old prelates and Cleargie all dyed in prison or in exile for ther religion and yet no man is punished either in goods or bodie or libertie What contradictions ar these and how palpable The Ladie Morlie La. Brown and La. Guildeford 1575. Hollinshead recordeth as a matter to be noted that thresuch ho. persons wear committed to prison onelie for hearing Mass and was this no punishment leases wear mayd of two parts of diuers of ther lands and was that no punishment But to conclude the loyaltie of these Recusants might appeare to the king plainlie by ther petition to his maiestie 1604. and manie tymes after and euer by ther obedienc and in Q. Eliz. tyme by ther protestation 1588. mayd at Ely whear they wear keapt prisoners by the offers they mayd to the Lord North Liuetennant there by the iustification of them by the letters of the Lords of the counsel and by ther submission sent to the Lords not withstanding all excommunications and so the Irish Recusants ioyning ther forces vvith the Quenes 1600. at Kinsal showed them selfs subiects à bsolutè and not ex conditione Now it is tyme to draw to a conclusion An ansvver to the questions proposed in the beginning and deliuer vp an accoumpt and somme of all and decide those quaestions proposed in the beginning of this discourse that Princes may know how farr and how safelie they may repose them selfs ther persons and states vpon the loyaltie of Catholick subiects First therfor touching the last quaestion vvhether to be a protestant and a loyal subiect be not more in compatible and more improbable then to be a Catholick and loyal It is in this discourse largelie demonstrated both by ther first generation in Germanie and Geneua by ther progresse in France by ther proceading in Holland and by ther sedition in Scotland The scope and end of them all was to sett vp the doctrine of Luther and Caluin to ruine the Church and aduanc the desseins of ambition oft intermingled with these fayre showes of Reformation Novv as yow can never plant anie new sect withowt faction conuenticles associations so to faction and schisme sedition is an accident inseparable for therupon all magistrates and lavves ar resisted and that vvith violenc for no vvar is so passionate as the vvars of conscienc Remember the natiuitie of Lutheranisme the Huguenots and Geuses and how vvell they vvear mantained by the svvord euen from ther Cradle so as they grevv to that height of presumption that either they vvould vnking ther soouerains and create them selfs Lords as in Holland or by tyring and terrifijng ther Princes vvith armes and tumults force them to pacification as in France or absolutelie depose ther Princes vvhen they became maisters and commanders of the state as Scotland can vvel remember and haith cavvse So likevvise on the contrarie part consider exactlie vvhether it be so impossible as some by ther books haue misinformed the vvorld for a Preast or a Roman Catholick to be a good subiect vvhich question concerneth vs
most Yf yow look back to former ages yow shall fynd that from the Saxons to king E. 6. To be a Catholick vvas never taken as a barr to loyaltie neither vvas ther euer anie opposition fovvnd in the essenc and nature of loyaltie and the grownds of the Catholick faithe And good reason for that religion which most aymeth at mortification of the bodie and best armeth hym to combate vvith sinn and disposeth best the consciences of men to peace and devv obedienc and is aprooued by experienc of all ages least to embroyle and endainger a state vvith practises and treasons must neads of all indifferent men be esteamed more consonant and agreable to allegianc and fidelitie then that vvild and popular doctrine of the consistorians vvhich owt of presumption and licensiousnes vvill be confined into no circle of order but euer contemning lavve will dominer and rule as transcendents and taik vpon them the iurisdiction both of preasts and kings in a kingdome 2. Secondlie no man can denie but that Spayne Italie France he Empyre and Poland accoÌ„pt hym the best affected subiect and least daingerous to the state who is most deuoted to Catholick religion And then yf to be a Catholick ded bread and ingender anie ill blood in the bodie or secret infection of disloyaltie and so vvear in regard of the state malum in se and naturallie then vpon the generall tryall of nations in so manie ages it vvould haue bean discouered and detected for that imperfection vvhich it never haith bean charged withall neither in all these forren contries nor heartofore at anie tyme in England Therfor seing it is not malum in se and simpliciter as T. M. and parson Whyte haue in ther books scandalouslie slandered that religion and the Preasts and professors thereof seing it can not be verified 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 neither genarallie of the profession as Calyinism may iustlie yf the Lutherans say trewlie nor particularlie of the persons professing it nor originallie and ordinarilie in precedent ages neither for doctrin or exampl they can be taxed I may iustlie infer they ar acquited And surelie it was an error both vnciuil and vndiscreat to maik ther proposition so general and therby to maik the whole Churche so odious to the people and so much suspected to the king for we acknowledg that there ar of ther sect verrie manie calm and moral men boni viri boni ciues of sociable nature and not apt to blow the coles of sedition of persecution And so also the autho of the execution of Iustice ded geue a good testimonie of the loue and loyaltie of diuers worthie and noble Catholicks to Q Elizab. euen when they had greatest cawse to the contrarie when oppressions and contempt might haue prouoked flesh and blood to mutinies and though each man wisheth the propagation and aduancement of his own religion yet in the means to procure it and in the course to seak and in the manner and order of proceading to fynd it this treatise heith prooued that ther is great oddes and differenc betwean them as the confession and supplication of the preasts the patienc and obedienc of recusants the pietie and doctrine of the Seminaries haue sufficientlie prooued 3. Now let vs compare and parallel them to maik it more playne The Catholicks generallie both in France Germanie and England ar the patients the Protestants ar the agents 1. The one stand as defendors the other as inuadors 2. Preasts songht to keap that de iure they had Ministers to get that they had not for haeresie being a separation from the bodie could not enioye the liberties or benefit of the Church til it vvas mayd no heresie 3. The Preasts vvear possessors the ministers disseisors and iniurious 4. The Catholicks obey ex conscientia and absolute the protestants conditionaliter and with a quatenus and onelie for pollicie and gouernement 5. Preasts ar punished not for anie iniustice inhaerent but by imputation onelie and not for trespasses but for opinions not for that which is defacto but to preuent fiendum yf Priscian vvill pardon me But Caluinists ar guiltie both of action vsurpation and treasons reallie as this last year Lescun president of the assemblies at Rochel Haute-Fontain Chaumier preacher of Saumur suffred in France and P. Gombault all for real treasons And Bischarcy in Polland for attempting to kill the king whome he wounted greauouslie as he went to the Church 6. And there practises and ther spirites differ as much foras 7. They obiect the positions of some priuate and disauowed persons and words onelie the Catholicks obiect ther rebellions in dead ther battels ther real conspiracies at Amboys and in the wayle of Charmentras near Meaux to surprize the king 8 They reforme per populum and tumults the Catholicks by order law and superiors 9. They charg the Catholiks with treasons newlie enacted strayned and vpon suspicion contrarilie they ar condemned by ancient lawes currant in all Ghristendom by consent and by all ciuil and municipal lawes 10. The Catholicks seak not to hinder succession of kings that ar protestants as knox holdeth null is Paâ—ista in regno utherano aut Calumiano in regis principis aut aliam quam cunque dignitatem euehi potest 11. The Catholicks prefer a Monarchie Caluin Wolfius Swinglius an Aristocracie 12. Yet the Catholicks and our English protestants agree in this as in manie other weightie matters that princes ar not to be deposed but the Caluinists hold the contrarie and therfor maister T. M. by â— sovvnd propositions condemneth both the practise of the Hollanders Bohemians Sweuelanders Parraeus c. and that iudiciously 1. in his 6. reason they vvho suggest a doctrine of forcible deposing Princes ar manifestly rebellious 2. in cap. 4. they that vpon anie pretenc denie the right of election or succession of Princes ar seditious for tho he saith is of protestant princes I taik it he meaneth aâ—l and generallie or els hâ—s gap it to vvyde and partiall 3. when the king is established in his throne who seduceth the harts of subiects and withdrawes ther obedienc ar traytors applie these well and commend maister T. M. for his playne dealing with Holland and ther fellowes But I perceaue they will obiect that the state of England euer since 13. Eliz. vpon iealousie and distrust had of Catholicks armed ther magistrates with seuear lavves against them as the most capitall enemies of the crown and therfor haue branded the Preasts with the bleamish of treason as a character inseparable and a stayn never to be taken owt From whenc proceadeth it that to be a preast should be reputed as a poyson to corrupt obedienc surelie vpon certan new lawes mayd in the tyme of Q. Elizabeth whearby that is made malum prohibitum which before was neuer iudged in England to be malum in sâ— and that vocation vvas mayd Treason which was wont to sit in the chayre of gouernement and by whose oracles and
medicinam illud sed cladem appellans And doe yow think that pittie dyed with Germanicus or that there wear not manie and great persons mooued with the butcherie in England of some preasts it is the propertie of commiseration to be touched rather vvith the calamitie it seeth then to examin the cavvse it seeth not 4. I must plead this as an argument by exampl of a pagan Prince for compassion Marcus Aurelius tho the law was strict at Room Deos perigrinos ne colunto yet he permitted toleration to Christians as Tertullian in Apol. c. 5. Theodosius and Gratian the most Christian Emperors wear content to tolerate the Arrians enemies reallie of Christ and Iosephus noteth of Onias Megalita the same permission to continew brother hood for the peace of the state l. 14. c. 13. Antiq. The Venetians suffer the Iewes to liue emong them as the king of Spayn ded the Moores till necessitie forced hym to expell them Hovv much more reasonable is it to tollerate Catholick religion the moother of the nevv religion and the law maker and iudg heartofore of all religions 5. It is a fals proposition and proceaded from gall and Splean that Catholicks ar vnsociable that they can not liue vvith protestants in one common welth withowt iarrs and tumults and lasthe vvhich is giuen owt onelie to bread an exulceration in the harts of the people it is not tolerable in a Christian and wel gouerned common welth to grant toleration to papists Touching the first poynt the better and more charitable sort of protestants vvill not endure to hear so gross a paradox which day lie is before ther eyes prooued false for the Recusants in E. liue emong yow both peaceablie and neighborlie and withowt scandall yow buy and sell with them they performe all the offices of neighborhood they denie no temporall dewties neither tithes to ministers tho for sacraments nor devvtie to magistrates nor societie euen with puritans and it is a fals Surmise that Catholicks hold Protestants as haeretiques and excommunicate a skarcrowe to keap them a sonder and noorish diuision as yf ther vvear a natural antipathia betwean them But these Doctors who playe therin the Boutefeus remember not that the Catholicks deseru more respect and fauor by the law of Senioritie as the right heyrs of the Church disinherited of ther patrimonie The old Church ded leaue them ther priuiledges and honor she erected ther Cathedral Churches for our preasts she endowed ther colledges for our professors she builded ther alters for our sacrifices Most of ther ancients haue ther baptism from her the Bibles Cread and ceremonies and surelie it requireth some better respect for yf they had not left them yovv could not haue fovvnd them and they hope they shall not fynd charitie buried in England the contention is not general and personal but for opinions so yf yow force them not to be insociabl by scandals and prouocations yow can not fynd them vnsociable tho they meat not at Church they may meat at market Hitherto they haue liued emong yow and withowt iust complaint and should they be vvorse respected yf the king be pleased to show them mercie remember that chacun à son tour forget not that sinc k. H. 8. religion haith had his chainges and what God pleaseth to determin man must obey they that ar now in Gloria Patri may be hearafter Sicut erat in principio The Pure Caluinists will not endure Bushops therfor further not oppression least yow fynd suppression when yow look not for it Continew amitie and forget not that the bonds of religious vnitie ar so to be strenthned as the bonds of humain societie be not dissolued I dowbt to mutiners yf the king please for reasoÌ„ of state is a kings priuiledg which may dispenc with ciuil ordinarie courses for his own safetie and preseruation of the realm and he deserues not to be respected as a subiect that vvill seak to bynd the hands of his Princ and bar his beneuolenc 6. And touching the last poynt that religion will not permittanie such toleration I know and acknowledg ther ar manie reuerend learned and good men protestaÌ„ts in E. who ar verrie charitable nor enemies to ther persons tho to ther profession with whome frendlie and safelie they may conuerse withowt offenc for how can ther be offenc where ther is discreation But heartofore most of the ancient protestants ded defend and desyre this toleration whearat now mallice doth so snarle Vrbanus Regius locis Theol. Deus non docet comburere errantes ouiculas sed sanare infirmas pascere macilentas The same is Luthers opinion and assertion art 33. de non comburendis haereticis The same Musculus teaceth loc com de haeres and Osiander Epitom Centur 7. the same Acontius mantaineth lib. Stratagem Satanae Dominus non permittit haereticorum supplicia definite declarauit magistratus non esse idoneos iudices dogmatum interdixit illis talis iurisdiction is vsum And to omitt Castalio Chytraeus in his Chron. Anno 1593. showeth how much the Protestants of Swecia desyred toleration And D. Fulk l. de successione Ecclesiae reprooues the king of Spayn for too much austeritie and seueritie in that poynt Hispaniarum Rex vnicus est tam alienus à nobis vt nec foueat nec palam coire Ecclesias permittat in ditionibus suis Caluin ded once hold the same opinion and yow your selfs generallie and continuallie obiect the Creweltie of Quene Maries bonefyres and yf yow so dislike it then why doe yow like it novv but it is now against the law and vvas it not so then prohibited by law but yet we clayme nothing by law but appeal to grace It is trew that rigour to Catholicks is the way to bread Atheists when they ar barred from all exercise of ther own religion they ar not easilie drawen to an other and so they cast away all religion and that vvas the reason why these wise protestants M. Lanoue in his discourses perswaded princes to grant toleration vvhy Cassander Sturmius held that opinion why Belloy in his Apol. and Melancthon consented to the like why at first the Geuses in the lovv contries ded so vrgentlie sollicit the Religions Vried and by so manie books and vvhy Erasmus libro de sarcienda amabili concordia Ecclâ—siae donec Synodus laboured to prooue the necessitie of it 7. I will geue yow examples for matters of fact mooue more and ar subiect to less dispute At Hieusalem in the tyme of our Sauior Christ ther wear two sects much differing in religion and yet ded liue sociablie together and withowt offenc either to the Church or the state The Pharisei and Sadducei and they vvear not men of one religion and differing onelie in rites and orders but they vvear of opposite religions No man will dowbt but that the Sadduces vvear haereticks for they denied the resurrection and the immortalitie of the sowle an articl of our beleafe and the
ieiunio virginitate c. Ther is no man I condemne more then Hierom he doth so magnifie fasting virginitie c. he ought not to be accoumpted emong the Doctors of the Church for he was an heretick Yow see this holie Euangelist would not imitate Esdras to fast and pray so long nor choose to liue in the wildernes and depriue hym self of all wordlie pleasure Therfor tom 6. germ Witteb pag. 252. lib. ad dominos ordm Tenton he doth inueigh against vowes of Chastitie quomodo fieri potest vt tale voium non sit peius quam vllum adulterium a good lesson to teach katharin Bowr But he maiks it better yet ponamus quod aliquis voueat condere nouas stellas an non iure vocares amentiam his reason he setteth down tom 6. vviteb germ p. 171. haec res non est arbitraria seu consâ—lij sed necesâ—aria vt omnis vir mulierem hab at omnis mulier virum Estque hoc plusquam preceptum magisque necessarium quam comedere bibere dormire vigilare It is a matter of necessitie that euerie man should â—â—ap a vvoeman and euerie woeman entertain a man it is more then a commandement and more neadfull then to eat or drink nay hear hym still be not wearie of so religious counsells In mea potestate non est vt vir non sim tam parum in mea potestate est vt sine muliere sim As it lyeth not in my power to maik my self no man so litl also is it in my power to liue withowt a wench tom 7. lat Wit p. 505. Caste viuere tam non est in manu nostra quam omnia reliqua miracula Dei qui celebs manere vult ille nomen hominis à se deponat It is a miracl to liue chaiste and against the nature and humanitie of man impossâ—bilia tentat he would work wonders I could with ease repeate manie such lectures of that heauenlie apostl of whome his brethren of Zurich gaue this worthie testimonie in the confess Tigurin Germ. anno 1545. Nullum vnquam mortalium I uthero vel faedius vel inciuilius praeter omnes modestiae Christianae terminos in negotijs illibatae religionis nostrae scripsisse luce clarius constat And yet ther own Sainct V. Svvinglius in Parainesi ad com Helu ciuit fol. 115. showeth the same lasciuiousnes and confesseth hym self aestu libidinis carnis cupiditate sic fuisse incensum vt carnis libidinosae studia animo suo versauit in ijs solis omnes cogitationes insumpsit Was it not high tyme to grant that ministers should haue vviues when these two great patriachs vvear so entangled and ded execut ther lusts with pleasure as naturall motions rather then striue to mortifie and supress them for neither of them liked or practised the fashion of Elias And his counsel to others vvas as vvanton and sportfull read his book de vita coniugali fol. 147. Si cui mulieriimaritus frigidus posse eam à marito tam nullius pretij homine cum ipsius fratre aut agnato proximo concubendi licentiam posiulare ad eamque permittendam cornigerum semimarem maritum lege teneri And the like sermon he preacheth fol. 152. part 2. and in c. 16. Genes fol. 95. aboue all his lectors ther is one for which the ladies in England vvill persequut hym Non prohibiâ—um est qum vir plures vxores habeat nequè ego id hodie proâ—ibere possem suadere tamen nollem It is not prohibited by the law but that a man may haue manie wiues Quaeâ—unque Patriarchas veteris testaments exterius fecisse lâ—gimus integra ac libera esse nec prohiberi debeant Is this a spiritual or a carnal lesson be these reformers of lyfe or patrons of vanitie Now obserue what excellent remedies what vertuous counsells he geues against sinn tom 1. lat Epist ad Philip. fol. 345. Si veragratia est verum non ficium peccatum ferto Deus non facâ—â— salâ—os ficâ—os peccatores esto peccator peccafortâ—â—er sinn with a coorage sed fortius fide gaude in Christo. Ab hoc enim non auelut nos peccatum etiam si millies millies vno die fornicemur aut occidamus sinn can not diuorce vs from Christ though we committ adulterie or murder a thousand tymes in a daye For as ther is no sinn but incredulitie so is ther no iustice but faith and therfor in 1. Pet. 1. fol 442. Ait quia fâ—de renati sumus filij atque hâ—redes Dei pares sumus in honore ac dignitate D. Petro Paulo S. Deiparae Virgini c. By faith vve ar mayd aequall in honor and dignitie to S. Peter and Paul and the Virgin Marie habemus enim eundem thesaurum a Deo bonaquè omnia tam largiter quam ipsi vve haue all graces and gifts as largelie as they And for the fathers his insolencie is incredibl so vndiscreatlie to condemn them all No vvise and vertuous man vvould vse such vvords papistam asinum vnum idem esse and in an other place I vvill taik asses that can speak iudg yow that ar Sophisters of Paris But to tax skorn and reiect all fathers is a note of intollerabl presumption I vvill omitt all other places vvhich would fill a volume in conuiual serm cap. de patribus Of Hierom he saith de fide vera religione ne verbum in ipsius scriptis extat Originem iamdudum diris deuoui Chrisostomum nullo loco habeo nam est loquaculus Basilius nihil valet totus est monachus ne pilo quidem eum redimerem Apologia Philippi omnes Ecclesiae Doctores exisperat Tertullianus inter Ecclesiâ— Doctores merus est Carlstadius Ciprianus martyr infirmus est theologus Augustinus nihil singulare habet de fide Ambrosius â—eâ—â—ne in Genesim scripsit Bernardus vincit omnes concionando sed cum disputat nimium tribuit libero arâ—â—â—rio c. It was no maruel yf he professed and bragged nemo prorsus a me patientiam expecâ—eâ— vel humilitatem for in that yow 〈◊〉 he is maister of his vvord I pass ouer his gifts and rare excellencie in Rayling whearin he is â—ans pear and in lying hauing collected owt of hym and Caluin 50. places of moment and material whearin they slander the Catholick religion as de capt babylon c. de pâ—nitent Babilonia adeo sdem eximâ—â—t vt im pudente fronte desiniret haerâ—sim esse si quis fidem necessariam esse assereret which was as perfect a lie as Caluin mayd l. 4. c. 7. that in the Popes diuinitie primum caâ—ut est nullum esse Deum doctrinam de resurrectione fabulas esse quae de Christo scribuntur esse imposturas Now examin the worth and valew of this Prophet by the fruits and benefit which the world haith receaued by his doctrine and examp Ex fructibus corum cognoscetis eos Erasmus in spongia aduersus Huâ—t saith he Lutheranos