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A35713 The Jesuites policy to surpress monarchy historically displayed with their special vow made to the pope. Derby, Charles Stanley, Earl of, 1628-1672. 1669 (1669) Wing D1086; ESTC R20616 208,375 803

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more honorable with them and more becomming good Christians then the Sword and Fortune of a Conqueror in comanding In which most Christian posture I leave them to proceed Titulus Tertius THe last and greatest tempest against poor English Catholikes was raised by Queen Elizabeth This not onely shook the foundations of the Church which had been so lately repaired by the most Catholike Princess Queen Mary but proceeded so far as humane policy and power could to extirpate the very name and memory of Catholike Religion in England Camd. in Elizab. And this as it were in an instant and without noise For as her own Historian Camdeu reporteth it was done Sine sanguine sudore No man unless perhaps it were Master Secretary Cecil did so much as sweat in the bringing in of New Religion nor was any mans blood I mean at the first beginning drawn about it The Christian world stood amazed at the first news of such a sudden alteration Both because Religion had been so lately and so solemnly restored by Parliament as also because the Queen her self that now was always professed her self so much Catholike during the Reign of her Sister She constantly every day heared Mass saith the same Camden and beside that ad Romanae Religionis normam soepius confiteretur went often to Confession as other Roman Catholikes did Yea saith Sir Francis Ingleseild when she was upon other matters sometimes examined by Commissioners from the Queen she would her self take occasion to complain that the Queen her Sister should see me to have any doubt of her Religion and would thereupon make Protestation and Swear that she was a Catholike The Duke of Feria's Letter to King Philip is yet extant to be seen wherein is certified that the Queen had given him such assurance of her beleefe and in particular concerning the point of Real Presence that for his part he could not beleeve she intended any great Alteration in Religion The same profession also she made to Monsieur Lansack as many Honorable Persons have testified and at her Coronation she was Consecrated in all points according to the Catholike maner and anointed at Mass by the Bishop of Carlile taking the same Oath to maintain Catholike Religion the Church and Liberties thereof as all other her Catholike Predecessors Kings and Queens of England had ever done Concerning the grounds which moved her to make this Alteration so much contrary to the expectation and judgement of Christendom we shall speak in due place This was manifest that the long sickness of Queen Mary gave her great advantage time both to deliberate and draw all platforms into debate to prepare instruments in readiness for all designs and to make choise of the fittest and surest Counsellors such as were most likely to advance her ends Neither did she seem to value her Honor overmuch in order to the bringing about of her chief design For in open Parliament after her intentions for a change began to be discovered she protested that no trouble should arise to the Roman Catholikes Horas Preface of Queen Elizab. for any difference in Religion Which did much abate the opposition which otherwise might probably have been made by the Catholike party and put the Clergy themselves in some hopes of Fair quarter under her Government She knew full well that a Prince alone how Sovereign soever could not establish a new Religions in his Kingdom but that it must be the work of a Parliament to give Authority and Countenance to a business of that nature Therefore to win the Bishops and the rest of the Catholikes in Parliament to silence at least she was content to use policy with them and promise them fair as Monsieur Mauvissieir hath well observed Les memoir de Mons. Mich. Castelnau who was a long time Embassador heer from the French King and curiously noted the passages of those times Add hereunto That when the Act for Supremacy was revived which was always the great Wheel of these Motions whereas by King Henry's Law both Bishops and Barons stood in danger thereof as the examples of Sir Thomas Moor Lord Chancellor of England and Doctor Fisher Bishop of Rochester had shewen in this Parliament the Queen was content to exempt the Lords and Barons absolutely from the Oath as they in King Edward the Sixths time had exempted themselves and to leave the Rigor of it onely upon the Clergy and Commons She also thought good to qualifie the Stile somewhat viz. from Supream Head changing it into Supream Governor which though it altered not the sence yet it abused some into a beleef that the Queen pretended not unto so much in matters Ecclesiastical as the King her Father had done Beside we are to remember that King Henry by pulling he Abbyes had much weakned the power of the Clergy in Parliament having deprived them of the Votes of no less then Five and twenty Abbots who constantly sat in Parliament in the quality of Barons And lastly it is well known The Lower House of Parliament it self as they call it was so calmly spirited in those times that they used not much to oppose what their good Lords of the upper House liked All which things considered and that too many of the Catholikes both Lords and others thinking it better wisdom to purchase their future security by present silence then to expose themselves to trouble and vexation afterward by opposing that which they feared they should not be able to hinder therefore either but faintly resist or quietly absent themselves who can wonder if the whole business were carried with ease upon such promises of the Queen and by the industry and craft of Sinon alias Secretary Cecil who had the chief Management of it in his hands By his advise it was thought fitting that the Noble Earl of Arundel should for a time be abused with some hopes of marrying the Queen who thereupon by the interest which he had in the house of Peers ingrosed into his own hands the Proxies or voices of so many of them who thought good to be absent as when time came served the Queens turn exceedingly well The duke of Norfolk Son in law to Arundel but now a Widower was already exasperated against the Pope because he might not have dispensation to marry his Kins-woman and therefore it was no hard matter to joyn him with Arundel The Queen had also against this time either made or advanced in dignity and consequently in interest certain new Lords whom she knew to be favorers of her design viz. William Lord Parr was made Marquis of Northampton a good Speaker and a Politick man Edward Seymour Son to the late Duke of Sommerset was made Viscount Beauchamp and Earl of Hartford Sir Thomas Howard was made Viscount Bindon Sir Oliver Saint John Lord St. John of Bletso Sir Henry Cary Lord Hunsdon She had also as much weakened the Catholikes party by discharging from the Counsel-Table many of the old Counsellors
of Conde and the Hugonots pretending it was not against the King but against an evil Counseller and to deliver themselves from the oppression of one who abused the Kings youth That same one was the Duke of Guise who being himself a stranger say they and hating the Nobility of France on purpose to oppress them of the Reformed Religion and to set the Crown on his own head in case the King should die armed himself into the Field c. That thereupon the N●bles of France perceiving his malicious designs viz. To murder and destroy so many innocents took up Arms to defend themselves against such a Tyrant That for the Kings consent it was not to be expected nor as the case stood much to be regarded seeing he was in the hands of the Guises and had neither age to discern nor freedom to deny nor power to execute the Law Lastly say some Beza teacheth obedience to Magistrates in his Book De confess fid very largely Cap. 5. Sect. 45. and prescribeth no other remedy to private persons oppressed by a Tyrant but prayers and tears to amend their lives Touching the first point the Apologists will seem confident that this Battle of D●eux was neither against Law nor the King and yet afterward confess that they understand not the Law of France nor the Circumstances of the War So they pretend certainty in a matter wherein they have not Science which is to beat themselves with their own weapon But was indeed that War neither against the King nor the Law Assuredly against them both as will appear by the Laws of Charls the Eighth 1487. of Francis the First 1532. of Francis the Second 1560. at Fountain Bleau which I shall cite hereafter in the case of Rochel and Montauban Secondly it is certain that Battle was not in King Francis his time but in the Reign of Charls the Ninth And after the death of King Francis all men not unacquainted with the proceedings of that time know full well that the House of Guise did bear no sway at Court the Duke was made as it were a stranger to the State the Queen-Mother the King of Navar and the Constable sate at the stern and ruled all Therefore it is not true that the King was in captivity under the faction of Guise nor true that the Duke armed himself into the Field for the Constable commanded in cheif he and the Marshal of Saint Andrews were the Kings Lieutenants and had the Kings Commissions to warrant what they did The Duke of Guise lead onely the Rear of the Army Mons Lanow's discourses Mons Mauvissier Comment and though it were his fortune to stand master of the Field and to win the day yet he had not any charge in the Battle but onely of his own Companies Thirdly Neither did the Princes of Bourbon take arms onely to deliver themselves from the oppre sion of Guise For if it were so why did they not lay down when they saw not the Duke of Guise but the Constable Montmorency coming against them armed no less with the Kings Authority then with his Forces to chastize them as Rebels The Constable was a man against whom they could pretend nothing he was the Honor of the Admirals House the Admirals Kinsman and his great friend especially when he was prisoner at Melun by commandment of Henry the Second He was now the Kings Vicegerent in the Field why did they not reverence him yea why did they themselves begin the fight why did they first affront and assail the Kings Army This therefore is but matter of meer pretext for Beza himself confesseth plainly This Field was fought to restore or establish their pretended Religion Vbi supra Fourthly Neither is it true that the Duke of Guise is a stranger in France Is he a stranger in France who is descended clearly from the Stock and Line of Charlemaign who is no stranger in France I wis Is he a stranger in France who is a Peer of France and Cosin-German to the Prince of Conde their Protector whose own Mother was Antonietta Princess of Bourbon whose Ancestors have enjoyed the greatest Offices and Honors in the Court of France Neither may we forget the great services they have done for the Crown of France at Rome at Metz Verdun Theonville and at Calice especially in a time when all Fran●e was in mourning and distress too for the loss which Monsieur the Admiral had received at St. Quintins Lastly that dream viz. That the Duke should aspire to the Crown is the pitifullest of all a meer fable taken out of the Legend of Lorrain and other Libels of that time For how many Walls of Brass were betwixt him and it The King himself yong his Brothers yonger their Mother living the King of Navar their trusty and Noble Friend with the whole Nobility of France as they themselves acknowledge Was it not then a likely object for such a Strangers pretensions It being then apparently false That the King was in the hands that is under the power of Guise let us consider the last Proposition viz. That the Kings Commission which the Constable had and the Prince wanted and fought against at the Battle of Dreux was not much to be regarded because at that time the King had neither age to discern nor liberty to deny c. As for Liberty it is answered already And for age what if the King wanted age naturally in his politick capacity he did not We are to know a King hath two bodies or his person may be considered under a double capacity that of Nature and that of Policy His Body politick as it never dieth so it is never defective of Authority or Direction The acts of the Body politick be not abated by the Natural bodies access The Body politick is not disabled to govern by the non-age of the natural See 26. Lib. Assis Placit 24. where by Justice Thorps judgement the gift of a King is not defeated by his non-age In the Book of Assis tit droit placit 24. Anno 6. Ed. 3. for a Writ of Right brought by Edward the Third of a Manor as Heir to Richard the First the exception of non-age against the King was not admitted For though the Natural body dieth yet the Body politick which magnifieth and advanceth the quality of the Natural is not said to die So 4. Eliz The Leases of the Dutchy made by Edward the Sixth were resolved by all the Judges to be good though made in the Kings minority So though the Kings Body natural cannot discern or judge yet that disableth not the King that the acts of his Minority ordered by his Counsel and the Regent should be of no validity which their own Hottoman in his France-Gallia might have taught them And let them resolve us whether the Counsel and State of England would take it well if a Catholike should affirm as he might do much more truly that the change of Religion made
best assistance to the support of the Estate Royal and of the Kingdom wherein they lived It is true through the malice of the Devil and Instigation of some Enemies of the Church some of them for the asserting of their legal Immunities and to preserve the Liberty of their spiritual Jurisdiction entirely Free as it ought they were dirven now and then yet very seldom in comparison of such a long tract of time as we instance in unto some vehement and earnest contestation with their Princes and though much further then was pleasing to them yet I suppose not beyond terms of due respect and the Authority of their Function much less did they endeavor to stir up rebellion or instigate the people to sedition and commotions against their Princes nor did they ever upon their own account solely concur in any thing of that nature The first King that ever gave cause in this Kingdom effectually and in the face of the world to trie the admirable patience obedience and loyalty of Catholikcs was King Henry the Eighth Flagellum Dei that scourge of God to the Church of England and all good Catholikes therein yet outwardly professing the same Religion in most things with Catholikes This he did first by a pretended Accusation of the Clergy to be fallen in a Praemunire because Scil they did that which all their predecessors the Bishops and Clergy of England for many Hundreds of years confessedly had done without any exception taken viz. for acknowledging the power Legantine of Cardinal W●lsey which yet the King himself for his own ends and in his own case had first of all procured 2. upon the Statute of supremacy And 3. by suppression of the Abbies These were his Three first breaches by which the Foundation strength and glory of the Catholike Church in England became afterwards utterly ruinated By the first his way was levelled to the Second and the Second obtained gave him power and authority to compass the Third By the First indeed onely the Clergy smarted in a fine of an Hundred thousand pound The second lay heavy upon the Clergy and Temporalty both But by the Third viz. the suppression of the Abbies and Religious houses if we consider the infinite prejudice which the poor Commonalty suffered thereby both in point of spiritual and temporal interest the whole Kingdom might be said to be worse then conquered by him that is Robbed Spoiled Enslaved to the exorbitancy of his sole Will Prodigality Lust and Tyranny And all this done to be revenged on the Pope who condescended not to humor him in the business of his marriage Therefore and to advance his own power and greatness That Authority and Jurisdiction which had alway been acknowledged as sacred by the English ever since the English were Christians must in a moment be abandoned disclaimed abjured himself by an unheard of and fatal Ambition instead thereof made Head of the Church and all persons who out of scruple of Conscience refused to conform to such grand sudden and sacrilegious Innovations and to swear they knew not what were cut shorter by the head executed at Tyborn imprisoned banished and put into such condition as he was sure they should not oppose him The ground of the Praemunire was at first onely a quarrel which he pick't against the Cardinal Wolsey but afterwards stretched it upon the Tenters and made it reach the whole Clergy who being thereupon Summoned into the Kings Bench the business was so aggravated there by the Lawyers The Kings Learned Counsel that in the Convocation house they presently concluded to submit themselves to the King and offer him no less sum then One hundred thousand pound for their pardon This was look't upon by the Christian world as a Prodigy That so many Shepherds should be afraid of one Wolfe And though it becomes us not hear to censure whether they did as they ought yet certainly this weakness of the Pastors boded no good to the Flock and it is observed that neither themselves nor the Church nor Religion ever prospered in England afterwards However the King accepts of th●ir off●r and signs their Pardon but with a fetch far worse then the first For und●r a pr●●e●ce of procuring this Pardon to be confirmed to them in Parliament he draws th●m in there how willingly or unwillingly let the world judge to acknowledge him Supream Head of the Church It was a course even at that time not thought agreeable to Justice or Honor. For as we said the Cardinal Wolsey had the Kings License for the exercise of his Legantine power both under the Kings hand and the Great Seal of England and was employed by the Kings particular Mandate and pleasure in the quality of Legat to sit with the other Legat Cardinal Campegius and examine the business of his marriage And could the Divorce have been granted according to the Kings minde it is easily conjectured the Cardinal had never been questioned for his Legat-ship Touching the Second of Supremacy All the Subjects of England ever acknowledged that the Crown and State of England quoad Temporalia in Temporal affairs and matters is independent of any other power but of that Transcendent Majestie which saith Per me reges regnant and this to the intent that Kings and all Governors considering who will one day take their Audit may be more careful to rule with Justice and common equity without partiality passion prejudice against any mans person further then his crimes against Publike Order Common Right and the Peace of the State shall make him obnoxious and by so doing may keep their accounts streight against the day of Account And on the other side that Subjects remembring their duty and who it is that layeth this jugum suave the sweet Yoke of good Government upon their Shoulders might be induced to obey with more fidelity and prompt affection But the Question which King Henry the first of all Kings Princes or States of Christendom propounded to his Clergy and People in Parliament concerned matters purely Spiritual and wherein not himself onely and his Subjects at home but all Christian Kings Princes States and people in the world were concerned And therefore required far greater deliberation I say not then was used for in truth that was little or none at all the Kings pleasure and resolution was known and that as the world went then was sufficient but I say then could poss●bly be used in England which was then but one single Kingdom and a small Province of Christendom And for the suppression of the Abbeys and Religious houses by that Act and this other of Supremacy together the Clergy of England were brought absolutely into Captivity and stood meerly as they have done ever since at the pleasure of the King and of the State Their Possessions the greatest part of them were seized their Goods forfeited their Churches profaned and sacked and upon the spoils thereof together with the sale of the Vestments Chalices Bells and other
such as she thought would oppose themselves viz. the Lord Chancellor Heath Arch-Bishop of York the Lord Paget Lord Privy Seal the Secretary Boxhal Sir Francis Inglefeild and others in whose rooms were placed Sir Nicholas Baecon The new Marquis of Northampton The Earl of Bedford Sir Anthony Cave Sir Francis Knolls Rogers Parry and Secretary Cecil She depo●ed many of the old Judges made new Justices of the Peace and lastly concerning the Election of Knights and Burgesses for the Parliament ensuing she took such order by the great diligence and cunning of her Instruments in all the Counties that she wanted not a competent party ready to close with her design in that House Besides this to remove all scruples as much as might be out of the peoples heads and to make them think that the same Religion and Service continued still which was so lately before reestablished by Parliament and that all the alteration made was but onely the turning of the Leiturgy out of Latine into English for their better understanding she provided that in the Common-prayer-book there should be some part of the old frame still upheld some Collects Prayers and Anthemes of the old Missal some of the ancient Ecclesiastical Habits for Divine Service as Copes Surplices c. some Ceremonies as the Sign of the Cross Adoration and Bowing at the name of Jesus The Organs also and ancient manner of Singing their Matins and Even song was retained especially in her own Chappels and in most of the Cathedral and Collegiate Churches of the Kingdom The Title Authority and Jurisdiction of Bishops was also preserved with some considerable Grace and Dignity in the State together with most part of the Revenues of which at that present the Cathedral Churches were seized By which dexterous management of affairs the Common people were instantly luld asleep and complyed to every thing and it became not so hard a matter for the Queen to excuse her self even to those forreign Princes who expected otherwise at her hands As she did particularly to the Secretary D' Assonville who was sent by King Philip out of Flanders to Congratulate her advancement to the Crown By this time the Common-Prayer-Book was framed according to the Queens appointment by certain Commi●●●oners authorised for that purpose The principal whereof were Doctor Matthew Parker after advanced to the Arch-Bishoprick of Canterbury having been formerly as some say Chaplain to Her Highness Edmund Grindal afterwards Bishop of London Horn of Winchester Whitehead May Bill and Sir Thomas Smith Dr. of the Civil Law The Liturgy was framed according to the Model of that which the English strangers had used at Franckford in the year 1554. and varied not much from that which Northumberland had caused to be published towards the latter end of King Edward the Sixth By the Nobility that were meerly English Protestants as the Marquis of Northampton Earl of Bedford Lord Gray of Pytgo Secretary Cecil and others it was well approved and the estabishing thereof by Parliament very much urged But those who had tasted of Genevah and were more affected with Calvins Model both disliked and opposed it either not knowing or not regarding the Queens reasons of State in the business Sir William Cecil as we said was now Secretary of State a Politick man and one that knew well enough how much this alteration would advance him his industry carried all before him Howbeit his fortunes were yet but low having onely the Parsonage of Wimbledon and some few Lands about Stamford to subsist upon Therefore in his Letter to the Lord Marquis of Northampton who was his Mecaen●s in the year 1560. upon the birht of his son Sir Robert Cecil he desires the Marquis being the Lord Treasurer to move the Queen in his behalf for some means and maintenance for his G. C. as he calld them who were so likely to be famous in England afterward Sir Nicholas Bacon was his Brother in Law and another chief Engin of State a man of somewhat a deeper judgement in the knowledge of the Laws and a more plausible Orator I must not forget in this Catalogue of State-Engins the Lord Robori afterwards famously known by the name of Leicester who to possess the Queens favor solely had already discarded Sir William Pickening though formerly viz. in meaner fortune a favorite and no uncourtly Gentleman Nor yet Sir Nicholas Throgmorton nor Sir Francis Walsingham nor Sir Thomas Smith who were all with the rest prime instruments of this Action intimate Counsellors in the business and posse● ng wholly the ears and grace of the Queen sate as chief Pilots at the Stor● guiding the the course both of Church and Common-wealth at their pleasure All of them at this instant big with hopes of Preferm●nt Honor and great Offices which they were sure to loose who held them under Queen Mary Though many men wondered how Master S●cretary Cecil could so easily forget his Beads and his Breviary wherewith with he so exquisitely counterfeited a Catholik in Queen Maries time that Cardinal Poole himself was deceived by him so far as to do him many friendly Offices towards her Majestie which as by the event appeared he did not much deserve Their great and indeed onely pretence or reason for the Change was Reason of State The Queens safety Scilicet This they had all of them but especially Secretary Cecil wrought strongly into her Majesties apprehension Camd. in Elizab. Actum esse de eâ si Pontificiam Authoritatem in quâcunque re agnosceret she was but a lost Princess say they if she acknowledged the Popes authority in any thing For Duo Pontifices Two several Popes already had pronounced her Mothers marriage with the King to be unlawfull and Null It may be thought her Mothers Conscience did likewise pronounce the same sentence in her own Brest otherwise why did she being ready to go to the place of Execution so solemnly entreat and charge the Lady Kingst n Speed Chron. to go to the Princess Mary and upon her knees in her name to ask pardon of her for all the wrongs she had done her protesting that until this were done she could not dye in peace But upon this ground the Statesmen of those times conclude it necessary that the Queen should alter Religion Invest her self with the Sovereignty of all Power and banish that Authority out of the Realm which had presumed to declare her Majestie Illegitimate This Counsel how prosperous soever it proved in the event through Gods permission and how speciously politick soever it might be made to seem by the Arguments and Rhetorick of those men who for their own ends and interests desired a change yet Really it could not but be full o● d●nger both to th● Queen and th● Realm but esp●cially to the Queen who if she had pleas●d might have secured her self of her own particular fears by some better way For hereby the Sentence of Excomunication in some sort necessarily issuing upon her
the Instruction and training up of yong Scholars viz. of the Catholike Nobility Gentry and others of our Nation in the studies of Learning Vertue and all kinde of honest and christian Education which as the case stood they could not possibly have in their own Country without Ship-wracking of their consciences and great peril of their souls This I say was the first and onely design of the Seminaries viz. to be a Nursery of young and tender plants as should be committed to them to be fitted for the Service of God and the leading of a true Christian Vertuous life afterward and not to be Seedplots or Forges of Treason and seditious practises against their Country as their Adversaries cease not to accuse them That 's a calumny black and palpable as shall appear more hereafter At present I shall onely take notice of what that great Protonotary of England brings in charge against them in his Book called Justitia Britannica which are three things First That they are a company of base fugitive persons Secondly that they corrupt the Land with false Doctrine and Thirdly That they practise with forreign States to disturb the Kingdom raise rebellion and withdraw Subjects from their obedience As touching the First I am very well assured that there be Gentlemen of our Nation at Doway both in the Colledge and Monasteries of as good Families as well Bred and as Eminent Scholars as any I have known of all these sorts in the Universities of England wherein I am not altogether a stranger I will not make Comparisons for that were but to make them more odious neither am I willing to detract any thing from the honor of our English Academies which I am bound to maintain It must be confessed there be many excellent wits and men of great learning bred in them yet this I may truly say That those beyond Sea are of no base quality neither is their education in those places such as should render them liable to that Character in time to come Yea rather they are so orderly governed and their times of study devotion exercise both Scholastical and Spiritual recreation yea even of their most necessary repast and rest are all so exactly measured out to them all occasions of idleness excess and ill company so prudently and carefully prevented that it is indeed no wonder they appear so civil so devout so religious temperate sober and well governed in all outward deportment as through the grace of God they do They are as I said by their Superiors strictly kept to their tasks yet rather won then forced unto good They are bridled with a hard bit but it is carried with such a gentle hand as it doth not pinch but guide them So that as their studies blessed be God are not altogether unhappy so neither is their life unpleasant but sweet agreable to vertuous mindes and full of the Noblest contents And that they should be counted Fugitives is most injurious For do they live there as Outlaws in a forreign Province have they fled for any crime doth Justice enquire after them or wait for them in their own Country what Felonies what Treasons have driven them thence but such as a very few years before were not onely in the same place where they are now so hardly censured but in all places of Christendom and by all people of sound judgement counted the greatest vertues Again they live not there out of any factiousness of spirit or ill affection towards his Majestie or the State of England but for conscience sake onely and to avoid the severity of Laws enacted here against Catholikes and the profession of Catholike Religion It is necessity that compels them to take this course In England Catholikes have no Churches wherein to serve God publickly nor liberty to serve him privately any where else The Sacraments are never or but very seldom Administred to them in comparison of what they should be They can have no priviledge or benefit of the Universities for education and study without Oaths going to Church and hearing and doing many other things contrary to a good conscience Beside all this did not Barty Knolls and Hales did not Jewel Horn Cox Pilkington Poynet and many others in Queen Maries time take the same course for conscience as they pretended They would not willingly have been called Fugitives when they were abroad Why then should those Gentlemen at Doway Saint Omars and elsewhere Exil'd as it were at present from their native Country upon the same common pretence and reason viz. reason of conscience be called Fugitives or stigmatized with any such Characters of ignominy Let those Laws be repealed first which threaten present death to them upon their return and which were all procured against them unduly and by misprizion viz. of their supposed practisings against the State which as they complain were never proved nor are true Let it be permitted to them to enjoy Liberty of Conscience and to serve God as all good Catholikes and Christians ought to do without molestation and danger to their persons prejudice to their estates further then they shall give just offence to the State and the world would quickly see where their truest affections lay Neither Doway nor St. Omars nor Rhemes nor Rome it self would hold them from returning with all thankfulness and speed to express their humblest obedience to his Majestie and fidelity to their native Country And as for their Parents Kinsfolks and Friends from whom they are now unhappily separated and from many of them perhaps against their wills they should plainly finde that natural affection was not extinguished in them neither would kindness creep where it might safely go The Second objection is They corrupt the Land with false Doctrine This objection supposeth that Calvinism and the present Religion by Law established in England is the true which England it self denied but a few years since and the whole Christian world doth at this day I do not except the Protesttants themselves For there is not any one of their pretended Churches abroad that agreeth with this present Church of England in all points of Doctrine and Discipline established But to wave that qu●stion at present as no part of my undertaking it must be considered there are learned and vertuous men on both sides one whereof will not it seems vaile Bonnet to the other in point of understanding the Scriptures How then should the diff●r●nce be decided even in reason but by some Authority distinct from them both yet indifferent and superior to both which can be no other but the judgement and tradition of the Catholike Church precedent unto both Besides this the Bishops in the first Parliament offered to defend their Religion by disputation which the Protestants would not accept but upon an unequal condition that is as Master Camden himself reporteth Nisi Baconus in studiis Theologicis parùm Versatus c. Vnless Sir Nicholas Bacon might be President and Moderator of the business
we see well enough it had been in other cases of this Nature Neither in King Edward the Sixths time nor against the Kings of Scotland Denmark Sweden Duke of Saxony Marquis of Brandenburgh or any other Protestant Prince was there ever any such sentence issued to this day Whereupon Father P●rsons and Father Campian procured some kinde of mitigation concerning it presently after the publishing and Pope Gregory following declared That the Subjects of England ought to perform all duties to Queen Elizabeth notwithstanding the censures So little reason is there in truth that Protestants should clamour so loud as they do and cry out nothing but Treason Treason against religious and good men who as they have no other business so come they hither for no other end but to do them good and so far as lieth in their power and office to save their souls They tell the world that no less then two hundred Priests have been executed in England for Treason since the times of Reformation which is certainly a very heavy report and sufficient to make them odious to all the world if it were true or that there were any thing in it but fallacie and aequivocation of words whiles they call that Treason in England which in all parts of Christendome besides is both called and counted Religion and the highest Vertue For we beseech them to tell us of what Treason do they convict us at any time but the Treason of being a Priest the Treason to say Mass the Treason to refuse the Oath the Treason to absolve Penitents confessing their sins the Treason to restore men to the Communion of the Church the Treason to Preach and Administer Christs Sacraments the Treason to be bred up in the Seminaries that is in such places where onely as things now stand in England th●y can be Catholikely bred and fitted for such Christian imployment What actual and real Treason is in England according to the true s●nse and notion of that crime ●dious both to God and man the Statute of 25 Edw. 3. will inform us better then any other being enacted when the whole Kingdom was of one mind and of one judgement as all Christian Kingdoms and Societies ought to be not rent nor overborn by factions and parties undermining and supplanting one another by indirect and undue meanes as it was when these new Statutes of Treason were made By that Statute and by the opinions of the most learned Judges in England Ploydon Stamford c. Treason must alwayes be some Action or Intention actually discovered not an opinion onely or a profession of Religion And this is the reason why Sir John Oldcastle Stow. one of Mr. Fox his Martyrs in the Reign of Henry the Fifth mentioned before though he were both Traytor and Heretike yet for his Treason he was condemned in one Court and for his Heresie in another as also were Cranmer and Ridley in Queen Maries time Secondly it must be some Act or Intention discovered of a subject prejudicial to his Sovereign or to the State where he lives But what hurt had ever I say not Queen Mary Henry the Eighth while he stood right Henry the Seventh or any other Catholike Prince but even Queen Elizabeth her self King James or any other Protestant Prince by a Priests saying Mass absolving of Penitents preaching of sound Doctrine to them and particularly of all due and just obedience to Civil Magistrates as they have ever constantly done Therefore by the common Laws of England and in it self it is not it cannot be Treason or criminous to be a Priest to say Mass Absolve c. But onely by Statute Laws it is made so upon temporary and present occasions and for certain politick ends which men have projected of themselves and which they are resolved to follow And therefore also it is by the very Statutes themselves provided 22. and 27. Elizab. That if a Priest conforms be content to go to Church to renounce the Pope or his Orders c. he becomes ipso facto without more ado Rectus in Curia and is actually discharged of all imputation of Treason no further proceedings lie against him Yea even at the very place of Execution and when the instruments of death are upon him yet still 't is in his own power if he please in three words to pardon himself and frustrate the expectation of so many eyes as are commonly waiting to see his last Exit Let him but say I will conform or I will swear c. Ther 's no man living dares meddle with him further Which is far otherwise where the offence is judged to be Tre●son indeed and really prejudicial to the Prince or State But the fatal resolution being taken to change Relig●on upon a principle or pretended reason of State as false as the Counsel it self was evil vi● That otherwise the Queen could not be secure either of her Kingdom or Life it was necessary to take a severe course with those men whose Function obliged them to maintain True Religion and to endeavour to reduce things again into the old State From this root also sprang their extream jealousie and hatred of the Queen of Scots For she being Heir Apparent to the Crown after Queen Elizabeth and a Princess zealously affected unto Catholike Religion and so strongly Allied in France Those Statesmen who had contrived and wrought all the alterations here could never think themselves secure so long as her head stood upon her shoulders Therefore was she first invited into England upon pretence of Friendship and for Safety But when she was here used with so much unkindness and kept under restraint for little less then twenty years together that at last in order to procure her Liberty she was indeed provoked to doe something which it was easie for them who loved her not to interpret to be Treason and so they cut off her head From hence also sprung those continual injuries and practises of much ingratitude against the King of Spain The intercepting of his Treasure The holding of his Towns The ayding of Orange and the States as hath been said Lastly from this onely Source and Fountain of unjust Policie sprung all those laws of severity and bloud against Recusants as we are commonly called viz. of Twenty pound a moneth of Two third parts of Estate against Hearing Mass against Harbouring a Priest against Being reconciled c. It is well known the Recusants of England against whom those Laws were made were generally persons in all degrees of the Noblest quality in this Nation Vertuous Grave Wise Charitable Just and Good men of fair and friendly Conversation towards all I shall not say Loyal to their Prince because the contrary is so commonly beleeved Stow. yet our own Chronicles will not altogether deny them right in that regard while they testifi● how diligent and forward they were to offer their service to the Queen and State even in that great Action of Eighty eight Neither were
they altogether refused by her Majesty They were also generally men of plentiful Fortunes and good Estates and are so still except such as the Lawes and hard times have impoverished Yet because for Conscience sake they refuse to hear Common-prayer and Sermons to receive the Communion according to the new order of the Church of England they stand by Law as it were marked out for destruction and branded with all the Characters of ignominy suspition and prejudice which the people of any State even for the greatest crimes actually commited Sir Edw. Cook can justly suffer It is reported by a great Lawyer of this Nation that from primo Elizab. till the Bull of Pius Quintus was published which was about half a score or a dozen years after No person in England refused to come to Church as if perchance that Bull had be●● the sole occasion which Catholikes took to disobey the Queens Injunctions But it is a great error For not to speak any thing of Puritans many of whom before that time refused the Church-Service how many Bishops and Priests were there in England known and professed Recusants from the first beginning How many Noblemen and Gentlemen of account did openly and absolutely refuse to joyn with their New Church It is true and to be lamented The revolt of the English under Queen Elizabeth from the true Catholike Religion so lately restored was too general and too many there were who suffered themselves to be carried away with the stream of Authority and with the evill example of their Neighbors and especially of Great Ones But what is this but a general infirmity and weakness commonly observed in the people What Form soever of Religious Profession a State sets up it proves an Idol to them and they are apt to fall down before it yea though the Figure which they worship as it happens sometimes hath much more of the Calf then of the Man in it And for this respect it cannot but be matter of much consideration to all wise States-men and States to be well advised how far they proceed in this kinde viz. of establishing or setting up any outward form or profession of Religion whatsoever especially by any compulsory Acts or Penalties lest the bloud of Souls lye upon their account another day As most certainly it shall whensoever people are misled into any corrupt way of Religion meerly upon the Authority and Resolution of the State And yet notwithstanding there were in many places of the Kingdom not a few of worthy and constant Catholikes who never bowed theer knees unto Baal that is never consented nor made profession of Heresie one way or other as Lanhearne Ashby de la Zouch Grafton Dingley Cowdrey and many other places can witness by whose integrity the Catholike Church in England viz. that Remnant according to the election of Grace which God was pleased to preserve here from the general contagion to glorifie his name by suffering and to give Testimony unto Truth have subsisted and stood by the great mercy of God unto this day though indeed suffering grievously for their Conscience as God was pleased from time to time to exercise them by confiscation of their Estates vexations by Pursivants and Promoters restraint and imprisonment of their persons at Wisbich Ely Banbury York Ludlow Bury the Fleet Gatehouse c. Not to speak any thing of the spoil of their Woods leasing their Lands exaction of Fines nor yet of their disarming by Law because this last though it were as unjust and undeserved as the rest yet it had more of disgrace and ignominy in it then of real damage arguing onely suspition or jealousie which the State would seem to have of them and nothing more But the Twenty pounds a moneth was a burden insupportable especially to the meaner sort Although it must be confessed the rigour and extremity thereof was many times moderated by the Lord Treasurer Burleigh Now to compare these men with the Recusant Puritans in England for such we must know there are more then a good many in all Countries All Recusants are not Popish if it were not too odious it might be very necessary and the world could not but see much better and acknowledge the patience humility and obsequious deportment of Catholikes compared with the others insolency and stoutness For t is very well seen already that this growing Sect of Protestant Recusants are not men likely to bear such burdens should the State finde it necessary to impose them They discover a far different Spirit even now while they are but in their shell as we may say and without any visible power or interest within the Nation save that of their number Compare them with the Recusant F●ugonots of France who are Brethren and of the same principles with ●urs in England you would think our Catholike Gentlemen here to be all Priests in respect of their sober humble and Christian carriage of themselves whensoever they fall under question for Religion Their very Ministers there you would take to be all Sword-men Captains Sons of Mars so much fury rage breaths out in every word or action of theirs which relates to the publike Catholikes here are persons of all other most unwilling to offend Recusants there most unwilling to obey These defend their Religion with their Swords and by resistance of the Civil Magistrate ours onely with their Pen and with their prayers Ours endure and à Scio cui credidi with St. Paul is all their comfort These endure nothing wil trust no body with their cause but themselves and their Cautionary towns They have their Bezas Their Marlorates Chamiers and other Boutefeux swarming thick in all parts of the Kingdom ready to incense and set on fire the distempered multitude against their lawful governors they have their Montaubans their Rochels Saumurs Montpelliers places of refuge and retreat strong and well fortified to shelter themselves when they cannot make good their designs in the field Catholikes here have none of all these They have no Preachers but Preachers of Pennance and Mortification They hear no Sermons at any time but such as teach them Obedience Patience Resignation to the will of God and to be willing to suffer whatsoever the will of God is They have no places of security but their own unarmed houses which if they change it is always for the Fleet Gatehouse Newgate or som other prison and place of restraint Much talk there is among Protestants of the Inquisition its severity cruelty partiality and what not to make it odious and terrible to the people but verily if a man do well consider it in comparison of the troubles vexation and manifold danger both for life liberty and estate whereto the Catholikes of England Priests and Religious persons especially are subject it may seem rather a Scare-crow then any thing else Charls the Fifth Emperor in the year 1521. at Worms decreed onely Exile against Luther notwithstanding his obstinacy and all the
mischief which he had brought upon Germany and that his Books should be burned In the year 1526. at Machlin he enacted a Penalty against Hereticks and all such as disputed the Controversies of Religion Heretically or that kept prohibited Books viz. for the first offence Forty shillings for the Second Four pound for the Third Eight pound and Banishment as the best remedy he could think of to preserve others from infection In the year 1529. if they repented not of their error he adjudged Viris ignem Mulieribus fossam That men should be burned and women buried alive which was no more then anciently the Laws prescribed nor then what Calvin himself exercised upon Servetus at Genevah In the year 1531. he confirmed these former Acts with something additional against such as pulled down Images or defaced them with any malitious intention viz. that such persons should loose their goods This is the sum of all those Laws of the Emperor Charl● the Fifth concerning Religion so much complained of in the Low-Countries and concerning the Execution whereof there were also many exceptions qualifications and limitations procured by the Regent in the year 1555. upon advise of Viglius President of the Counsel at Brussels and to take away all occasions that might po●●●bly hinder Traffick or be a means of oppression to innocent and quiet people And for King Philip he always professed particularly in his answer to Montigny in Spain that he intended no addition of severity to his Fathers Laws nor to create any new offences but onely to punish those which were of old censured for offences both by the Church and State Let us look then upon England and consider if the penalties upon Catholikes here be not far more in number and much more severe To acknowledge the Popes Supremacy in Spiritualibus is Treason To be reconcil●d is Treason To refuse the Oath upon the first offence is a Praemunire the second Treason For Priests to come over into England is Treason if any that were made Priests since Primo Elizab. shall stay Forty days in England after the Parliament 1585. 't is Treason To Harbor a Priest is Felony and Death If yong Students beyond Sea return not and abjure their Religion it is Treason To bring in an Agnus Dei Beads or Crosses is a Praemunire To bring a Bull or any Sentence of Excommunication from Rome that may concern the Queen is Treason To absolve or reconcile a man is Treason Not coming to Church was at first Twelve pence every Sunday and to be liable to further censure afterwards viz. Twenty seven Elizab. it was made Twenty pound a moneth where it could be had otherwise their bodies were to fine for it in prison To depart out of the Realm without License and not to return within Six moneths after the Proclamation is a forfeiture of all Goods and Lands during life To hear Mass is an offence fined at One hundred Marks If a mans Son or Servant not Merchant goeth beyond Sea with his consent he forfeits One hundred pounds I speak nothing of their loss of goods imprisonments reproaches chains fetters which upon many other pretended and feigned occasions they are frequently made subject unto nor of banishment which would be counted many times matter of great favor Nor yet of the rigorous and vexatious Execution of all these Laws which makes the Tower full of such Patients and new prisons to be erected for the entertainment of them nor of the hard usage which they frequently find in those prisons The sad examples of Master Tregion at Launston of Master Rigby of Master Christopher Watson who perished at Yo●k with Eighteen persons more in the year 1581. with the very infection of the prison do shew sufficiently what they suffer Adde hereunto the strict examination of the Justices the proceedings of the High-Commission against them that inquisition of England not altogether untruly so called the multitude of Promoters in all the Temporal Courts of the Kingdom informing against them of Pursuivants searching and rifling their houses upon every light suspicion and not seldom without any at all but onely to make them Fine and to purchase their quiet with money Lastly the Racks and Torturings which Father Campian Father Southwel with many others tasted in their times how can they be forgotten concerning whose case I mean of Father Campian and his Associates especially beside that the whole matter of their Accusation seemed upon Tryal rather to be grounded upon words and some verbal discourse then upon any Actual design or attempt really projected against the Queen or the State and beside that at the time of their Tryal as I have been credibly informed there were persons of very Honest Quality who offered to depose that sundry of the Parties accu●ed were at the times specified in their several charges many hundreds of miles distant from the places where their supposed Treasons and Conspiracies were said to be I say b●side all this the Queens unwillingness to have them dye testifi●d by her own Historian is argument sufficient with indifferent m●n what great Traytors she conceived them to be For their Arraignment and Tryal having been in November 1581. * Stow. they suffered not till the first of September 1582. and then it was aegrè consentiente Reginâ as Camden himself conf●sseth They who sought their lives had much ado to procure the Queens consent that the Sentence of death should be executed upon them Surely there is no man so extreamly partial or purblinde but will easily observe how much greater affliction and pressures the Catholikes of England have endured by the Laws of this Realm then the Geuses of Holland ever did or could do by the inquisition among them And how much more their state and condition might be justly commiserated especially when not onely Anabaptists and those other more innocent and harmless Sects but Puritans great and stubborn enemies of the State Arians Socinians yea even Professed Atheists and men of far more violent passions and destructive principles then Catholikes can with any reason be supposed to hold are scarce searched after or punished And yet notwithstanding all this to preserve the Queens reputation for Humanity and fair dealing with her Subjects the Book called the Execution of English Justice will make the world beleeve That no man in England is punished for Religion no mans Conscience is medled withall no man is examined upon matters of Faith But is it possible that such a pretence should be sust●ined by man so notoriously contrary to truth so easily so manifestly disprovable even by sight and the evidence of their own dayly proceedings In the year 1581. there was a general Pardon granted by the Queen but with a strict Caution and Proviso That no person in Prison nor Recusant for Religion should have benefit thereby which Malefactors of all sorts had Was this no punishment The Recusants pay Twenty pound a moneth for their Recusancy is this no punishment The Turk himself
own Religion as beleeving it to be right or the best neither are Catholikes to be excepted in that point They must be permitted to desire at least and wish for the restoring of Catholike Religion as it ought to be But surely as to the means whereby they procure it and the course and manner of their proceeding that seek and endeavor it This treatise hath already shewen what great odds and difference there is betwixt the proceedings of Catholikes and that of Protestants And that what the one viz. Catholikes seek ●●ely by way of Petition Supplication Prayer and humble Remonstrating of their Sufferances The other viz. Protestants seek chiefly by fire and Sword and Cannon Bullet and by Thundring of Ordnances rather then Apologies in their Princes ears Beside to proceed a little further in this Parallel the Catholikes generally and for a long time both in Germany and France were Passive as in England they are still to this day The Protestants were A●tive and the offendors Catholikes onely defend their own maintain the possession of that which they have quietly held out of all memory of Men and Ages Protestants invade and usurp by force Priests desire onely to keep that which they once de jure had Ministers seek to get that which they had not Catholikes obey ex conscientiâ out of an inflexible principle of Conscience and absolutely submit unto all lawful and established Government Protestants generally speaking but upon condition and with such limitations and restrictions of their obedience as they themselves think good to prescribe Priests are punished not for any formal wickedness or that which is a crime in its own nature but for something that is so onely by interpretation or in the judgement of the present State which perhaps a few days agoe did not judge so but the quite contrary Calvinists when they suffer suffer for real and foule crimes for Sedition Rebellion Murther Treason not imputative onely fictitious or made such of late by the prevailing of some particular faction in the State but truly and properly so and adjudged for such by all Laws Divine and Humane of their own Countries and of all Christendom beside long before they or their Grandsires were born Witness the examples of this last year in France of Lescun President of the Assemblies at Rochel Haute-Fountain Chamier P. Gomboult and some others who all suffered for real and actual Treasons and by vertue of such Laws not as the Parliament at Paris or some party there had procured to be enacted a few years or a few moneths before on purpose to entrap them but by the anc●●nt known Law● of ●ranc● b wh ch they themselves knew the Kingdom was governed and had been ever governed time out of minde and therefore could not in any reason but expect the execution of them upon themselves in case they would persist to offend Witness the Treasons of their Brother Bischarcy in Poland who attempted to kill the King and did indeed wound him very dangerously as he was going to Church They object to us the positions of some private and disavowed persons and words onely We object to them the resolutions of whole general Assemblies held by them and those rebellions which have followed thereupon not in word onely but in deed and in act their real and actual Conspiracies their many Battles really and actually fought in the Field without lawful Authority or any publike Call against their Sovereign Princes with other manifold iniuries and insolencies committed Lastly Protestants reform commonly per populum and by Tumults Catholikes do nothing of this kinde but by Law Order and their proper Superiors So that the difference betwixt them is manif●st and the integrity of the professions of Catholike in point of obedience and loyalty towards their Prince beyond that of Calvinists or Protestants generally speaking is visible to every eye Why may they not then under the Favor of the State enjoy like Liberty of Conscience Person and Estates with other good Subjects notwithstanding that they differ in Judgement from the profession of the State Why may not a Catholike be tolerated to live and injoy without molestation that which God Nature and the Laws of the Land do give him as well as a Calvinist Why should the Laws of England be fettered with so many Shacles of Interpretative and Temporary Treason to the prejudice of many innocent persons and to the scandal of the Government Admit that for some worldly respect they were indeed n●cessary in State-policy for the times wherein they were enacted yet the times changing so much as th●y have done and those causes entirely ceasing which made them seem necessary then it may be thought now not onely safe as undoubtedly it is but honorable and just to repeal them May it not with great reason be wondered at that a Nation so Just so Honorable so Wise as this of England hath ever been acknowledged by the Nations abroad and settled by Extraordinary Dispensations of Divine Provid●nce upon such Equitable fair and just principles of government as be constantly held forth by the Supream Authority of the Nation should permit any thing to be counted Treason by an Act of Parliament which is so generally over all Christendom at this day and hath been so anciently and even till of late times in this our own Nation so much honored maintained and reverenced by all men especially I say when there is no cause of suspicion remaining when there is no cause nor colour of jealousie from any persons that desire this liberty at least none but what may be easily removed by the wisdom of the State and plenary satisfaction given in that behalf both to themselves and to all the good people of the Nation How much Religious men and persons Ecclesiastical now called Traytors by the Law were wont to be esteemed in this Nation is not necessary now to speak our own Chronicles and the Constitutions of our very Laws themselves do abundantly declare it If a bondman entred a Cloysture he could not be commanded out by any power whatsoever The Law it self anciently holding it more reasonable that even the King should loose his interest in such a body then that he should be taken out from the Order which he had chosen The like was judged if the Kings Wards entred Religion An Alien by Law can hold no Lands in England yet if he be a Priest he may by Law be a Bishop here and enjoy his Temporalties as Lanfranck Anselme and some others did who were never Denizens It is well known The Six Clearks of the Chancery were anciently Clearks of the Church The Master of the Rolls Master of Requests Lord Privy Seal yea the Lord Chancellors and Treasurers of the Realm not onely commonly but in a manner constantly till of late times were Bishops Clergy-men How strange therefore may it seem that the Laws of England should make a Function so ancient and honorable in England to be Treason which
certainly is the same function now that it was then when it was most honored and hath suffered no more change from what it first was then Saint Pauls Church hath suffered change since the time it was first built by King Ethelbert that is it is grown old indeed and by the iniquity of the times hath lost some part of that outward Glory Magnificence and Splendor which it once had And for Papists if men goe about to make them a Sect and endeavor to suppress them under that notion truly we shall be found a very ancient Sect and I b●leeve it will trouble the best Doctor in En●land to assign us any other Sect-Master any other Author and Founder of our profession then our Saviour Christ and Sain● P ter But most men know 't is to lit●le purpose to attempt any thing against us that way All other Sects have their particular Authors and many other circumstances of their begining a●●●gnable easily cleerly notoriously I mean not onely Lutherans Calvinists Anabaptists and such others of yesterday but those more ancient Arians Eunomians Pelagians Nestorians Manichees c. only Catholikes have not nor can any man shew when their profession began or from whom it came but from our Saviour and his Apostles What therefore should hinder a reconciliation and a re-admission of this Ancient and Universal profession of Christianity into England again I mean unto such an equal and avowed liberty of private exercise as other people of the Nation doe enjoy in the profession of theirs On his Majesties part I humbly suppose there can be little d●ubt made who hath been ever of himself constantly inclined to shew mercy if there had been no crooked and unhappy instruments about him to hinder it My minde saith the King was ever free from persecution or thralling my Subjects in matters of Conscience And again Fateor me non libenter suspendere Presbyterum c. I confess saith he it g eth much against my minde to put a Priest to death onely for his Religion or for saying of Mass He who judged that it could no way become him though a Prince of so great Learning and Judgement to pronounce sentence lightly in so old a controversie what Priest or Religious man can appeal to a better Judge or from whom should they expect a sentence of more favourable compassion He who sent into France to mediate for the peace of Strangers what man can doubt but of his own Royal inclination he is as willing to shew favour to his Subjects at home Though we differ in Religion yet in obedience to our Prince and the State that protects us we agree neither will we be preceded in this part of our duty by any profession under Heaven Our bodies are at the Kings service and at the States to command may they be pleased to leave our souls to God Let our actions be tried and if they finde not cause let them not trust us It hath bin long since observed by wise men That too much severity doth but make men desperate and it is an ancient Aphorism of State punire rarò What an honourable addition was it to Augustus Caesar his other Titles that of the Historian Sueton. Nunquam civ●lem sanguinem fudisse That never any subject suffered by him in cold bloud And it is as infallibly true in all generous Spirits fidelem si putaveris facies that confidence gains much security from them as counting it the greatest of disgraces to be distrusted Malus custos diuturn●tatis metus Fear is not always the best Guardian Seneca who lived under a Tyrant and knew what tyranny was giveth this counsel Vl●ima supplicia suppliciis ultimis ponat Let saith he a Prince alwayes observe this rule in the administration of justice viz. That capital punishments be the last punishments which he inflicteth and never used but where no other remedy will serve And Tacitus observes it among other marks of Tiberius his cruelty Delatorum Authoritas magna frequens accusatio in quovis crimine adjuncta de laesâ Majestate Principis That Sycophants Informers and such fellows were the onely men about him and every offence was made Treason And certainly there can be no greater Symptome that Government declines to tyranny then the multitude of such people attending the Courts and that such proceedings are used I confess the Law was once strict at Rome Deos peregrinos ne colunto Yet Marcus Aurelius a wise and gallant Emperor tolerated the Christians yea Theodosius and Grat an Emperors though most most Christian and Catholike themselves yet for some time were contented to tolerate the Arians enemies of Christ The Venetians and many other Christian States permit the Jewes to live among them as Spain did the Moores till necessity at last forced the King to expel them It is a false and uncharitable Assertion savouring too much of gall and spleen to say as some do that Catholikes are unsociable they cannot live with Protestants in one Common-wealth without jars and tumults For is there any thing more visible and in your eyes every day then that the contrary is true Doe we not live among you here in England Have we not ever done so since the first unhappy difference and change made peaceably neighbourly friendly Doe me not buy and sell with you and you with us are we not ready to perform all offices of civility and good neighbourhood where we live Doe we refuse any kinde of temporal duties or payments Even of our Tiths to the Ministers which yet are in themselves a kinde of religious Salary and if in any surely we should boggle and shew unwillingness in them Besides it is a false surmise that we hold all Protestants generally for Heretikes and Excommunicate persons as some spare not to urge both in the pulpit and press to make us odious or that thereby we should think our selves at liberty when we have opportunity to deal less faithfully justly and truly with them then becommeth honest men and Christians For that they are not Excommunicate I mean specially by name or by any such sentence of the Judge Ecclesiastical as doth relax or debar either all or any civil duty towards them is out of question And to make a man Heretike formally speaking and in the proper notion of that crime obstinacie in opinion is by all confess d to be requisite and that he persisteth deliberately therein notwithstanding that he knoweth the opinion which he holdeth to be contrary to the Doctrine of the Catholike Church and to the general unanimous or known consent of those Pastors which as Saint Paul teacheth us ought to have the oversight and government of him in our Lord Acts 20.28 Heb. 13.7.17 Tit. 3.10 which I su●po●e cannot be the case of all the Protestants in England Indeed of th● Doctrine of Protestancy as 't is consider'd in it self abstract●dly from the persons that profess it we say 't is Heresie that is to say ● false