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A16828 A true, sincere and modest defence, of English Catholiques that suffer for their faith both at home and abrode against a false, seditious and slanderous libel intituled; The exectuion of iustice in England. VVherein is declared, hovv vniustlie the Protestants doe charge Catholiques vvith treason ... Allen, William, 1532-1594. 1584 (1584) STC 373; ESTC S100110 150,813 230

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inuincible courage constancie of the Pope often brought to penance and extremitie that in fin by armes he droue the said Pope out of his sea and placed an Antipape An Antipape that is to say one so opposite to Christs vicar as Antichrist shal be against Christ which by armes and patronage of this wicked Emperour vsurped and occupied the Apostolical throne against the true Pope Gregorie the seuenth whom the Libeller after the vulgar vaine of Rebellious Heretiques voutsafeth not the name of Gregorie the seuenth but calleth him commonlie Hildebrand as the Heretiques when they were in armes in Germanie against their Emperour Heretical malice would not name him Charles the fifte nor Emperour but Charles of Gaunt And now because this good and notable Pope The cōtentiō betvvene Pope Gregorie the seuenth and Henrie the third Emperor was ●ot able in fin to resist th'emperours forces the which Emperour as al the histories of that time record was a most wicked sacrilegious simoniacal and heretical person th' aduersaries of Gods Church doe triumphe as the Libeller here doth ouer the blessed man as Herode might haue done ouer Iohn Baptist whos admonition was taken in so euil gré that it cost him his life as also th'executing of the Churches sentence which is Gods hath done to manie a Prophet and Bishop in the world By which euent of thinges who so euer measureth the right of causes wil make a good religion and a good defence of th' execution of iustice For so most Tirants might be iustified for a time against al the Saints of God This Gregorie say they was in sin banished by the Emperour and so was S. Chrisostom by Archadius and Eudoxia and dyed in banishment as Gregorie the seuenth did yet they were but homelie Christians that would iustifie the Emperours and condemne S. Chrisostome And indeed this Pope whom they speciallie hate because as it may be thought he was the first man that authenticallie condemned the Berengarians heresie in open disputation refuted it though certaine of the said Emperours flatterers enimies of the sea Apostolique as the fashion of our Heretiques is at this day wrote slaunderous Libels against him Pope Hildebrand a good man yet was he a very notable good man and learned and did suffer what so euer he did suffer for mere iustice in that he did godlie honorablie and by the dutie of his Pastorship what so euer he did against the said Emperour wherof we could alleadge al the best writers of thos dayes or near that time but that we should be tedious Of whom yet this one graue testimonie of Baptista Fulgosius a noble and learned man that was Duke of Genua aboue an hundred years past we shal not let to set doune as we finde it in latine Constantissimus habitus est Gregorius septimus Pontifex Lib. 3 Cap. vlt. factorū memorabilium qui quòd Henricum tertium Imperatorem propter aperta nimis Symoniae crimina pro pastorali officio reprehendebat grauibus ab eo iniurijs affectus est itaque iniuriarum magnitudine compulsus Henricum Gregorius vt haereticum Imperij honore priuauit Cum autem Henricus solui ecclesiastica censura non emendatione vitae sed armis quaereret alium creare Pontificem enixus capta Vrbe obsidere Gregorium coepit Quae mala cum Gregorius pateretur nunquam tamen a iusto proposito dimoueri potuit That is Gregorie the seuēth was notable for his constancie who for that according to his pastoral charge he had admonished Henrie the third The testimonie of the Duke of Genua for Pope Hildebrand Emperour to leaue his knowen impietie of Simonie was by manifold intollerable iniuries vexed by the said Emperour and by the greatnes of his wickednes was compelled to depriue him as an heretique of his Imperial dignitie But Henrie seeking not by amendment of his life but by armes to be absolued from the censure he went about to set vp a new Pope and beseiged the citie of Rome and brought the Pope into great distres In al which miseries Gregorie could neuer be remoued from his iust purpose So he writeth of the parties both See Vspergen lib. 5. Annal. And of the horrible crimes for which the Emperour was most iustlie ī the sight of al good mē deposed Thus Trithemius reporteth ī breef of the wickednes of this Emperour Episcopacus Cōstātiensem c. He sould the Bishoprikes of Constance Bamburgh Mentz diuers other for money thos of Ausbourg Straisburgh for a sword that of Munster for Sodomie and the abbacie of Fulde for aduoultrie Trithem in Chron. heauen and earth witnesse and crie out of thes and for the same abhominations he standeth excommunicated depriued and therfore hath no power nor iust title to reigne ouer vs Catholiques But to goe forward this same Gregorie the seuenth did the like commendable iustice vpon the king of Pole Bolislaus the second Chrom lib. hist Polō li. 4. aswel excommunicating as depriuing him for murthering of his Bishop S. Stanislay at the verie Altar Against which sentence though he stoode by force and contempt for a time Kinges of later times excōmunicated yet at length he was forsaken and resisted wholie by his subiects fled and in fin slew him self For Heresie also was George K. of Boemland excommunicated and thervpon by the forces of the king of Hungarie at length actuallie depriued As also Iohn Albert had half his kingdome of Nauarre taken from him by Ferdinandus surnamed Catholicus of Aragon for that he gaue aide to Levves the twelueth beīg excommunicated by Iulius the second For great iniuries also done to holie Church for persecution of Bishops and religious was Iohn one of our kinges of England Kinges of England with his whole land interdicted and brought after long strugling against God and the Sea Apostolique to yeeld his Croune to the courtesie of the Popes Legate and to make both his Realmes of England and Ireland tributaries Lib. 1. de Repub. Cap. 9. The authentical instrument wherof Iohn Bodin saith he hath seene For like causes and namelie for that he was vehemētlie suspected of the murther of the blessed Bishop S. Thomas of Canterburie was Henrie the second driuen by Alexander the third to order and penance A number of the like examples moe we might recite of our countrie and of the christian world wherby not onelie the practize of the Church in al ages may be seene but also Catholique men warranted that they be no traitors nor hould assertions treasonable false or vndutiful in answering or beleeuing that for Heresie or such like notorious wickednes a Prince otherwise lauful and annointed may be excommunicated deposed forsaken or resisted by the warrant of holie Churches iudgement and Censure Whervnto we wil adde onelie the sentence of Gregorie the great and first of that name whom the aduersaries confesse to haue bene both learned and holie who being as
tēporal spiritual authoritie cōfounded by the Libeller As though ther were no distinction betwixt Christes bodie mistical and a body politique or humane Common-wealth As though Christ had giuen his said bodie spouse and spiritual Common-wealth to be gouerned ether vnto Kinges and Empeperours who were then and some hundreth yeares afterward persecutours of his Church and Faith and yet had as large whole and perfect Regalitie as anie faithful Prince hath or vnto Christian Kinges afterward who are by receauing Christes sweet yoke Faith made children and members of the Church not Heades therof As though our Sauiour had not in his time appointed special officers for the regiment of his Church or the holie-Ghost afterward not placed Apostles Prelates Pastors and Doctors to gouerne the same euen to the end of the world This deuilish confusion of thinges and attributing al spiritual Soueraintie to the temporal Prince and power The vvay to Antichrist which the Scripture calleth for distinctiō sake Humanam creaturam or rather this turning al Prelacie into Regalitie 1. Pet. 2. if it be permitted wil take away the verie life and essence of the Church of God and of al religiō and wil plane the way to Antichrist who shal by the title of his only Regalitie Antichrists Regalitie destroy if it be possible al power spiritual and temporal and set him self to be adored aboue what-soeuer is named in heauen or earth Woe be to our Nation and to the sinnes of our people which God hath suffred to be the first example of this abhominable conuerting of the spiritual power and regiment of our soules into our Kings Regalitie And Fye on this godles Libeller and his prophane intention that by the defence of this special turpitude of our Kinges and Countrie so foulie slaundereth also other most godlie Princes with his shameful surmise Hovv fouly Catholique Princes are slaundered by this Shameles Libeller that they doe but permit in their dominions the Popes authoritie of policie and no further then is for their aduauntage Who 's impudent calumniation may easily be refuted by their Maiesties zealous deuotion and most sincere obedience to his Holines in al matters of Faith and Religion wherin his Superioritie speciallie and properlie consisteth by their dailie Roial offices done against Heretiques for defence of the Romane Sea and Faith and by open profession of the same both in their liues and deathes by their continual resistance of the enimies therof to their infinite charge yea and often to the hazard of their persons crounes dominions by the due obseruation of the holie decrees of the Sea Apostolique as farre as the great loosnes of this time and the manifould importunity of Heretiques and Atheists wil permit by exact iustice done in many of their kingdomes vpon the rebels of the Church holy Sea and finally by their continual intelligence with his Holines in al their affaires of Conscience Religion and the vse of al his spiritual Graces Indulgences and Benedictions with as great humilitie as the poorest Catholique man in the world But the aduersarie telleth vs for al this that diuers Princes and Countries before named Al examples are not to be stood vppon haue abbridged limited and resisted the Popes doinges and authority To which we say that in such cases we should not stand alwaies vpon examples but rather on reason and lawe For a man might say that Herode killed Iohn Baptist Philip made away Babylas Theodosius banished S. Chrisostome Constance persecuted Athanasius king Henrie of England caused to be murdered his Primat and holy Metrapolitane Thomas of Canterburie manie moe haue resisted the Bishops and Pastours of their owne soules wherof diuers haue bene sorie and sore repented their iniquitie afterwardes as our said Henrie the second amongest other Who 's exāples may not be made a rule how kinges should behaue them selues towardes their Prelates God forbid No more in this other kind we now speake of need we to allowe al the Pragmatiques Praemunires or other National decrees and prouisions which euerie particular Prince hath made or may make though in conscience Catholique by which the Popes iurisdiction and preeminences in some sort and in some cases are abbridged and limited As on the other side againe we nether need nor wil condemne the same because they be not of thinges mere spiritual Al restraintes of the Popes iurisdiction in Catholique countries nether vvholy allovved nor vvholy to be condemned but ether plane temporal or mixt such as had ether by the Princes lawes or custome of Contries bene graunted of deuotion to the Sea Apostolique before and afterward vpon farder consideration by the difference of times or of lesse deuotion reuoked vpon pretence of preseruation of the temporal state and benefiting particular Prouinces vnto which the emolumentes and large priuileges yeelded before to the cheefe Bishop and other of the cleargie might seeme some hinderāce Or els were of that nature that the supreme Bishop might indeed of reason chalenge as thinges incident to his high office and requisite for the better administration of the same but yet not such for al that as were necessarilie or by diuine lawes apperteining directlie to his spiritual regiment and iurisdiction and therfore might by his wisdome ether be tollerated as manie thinges in this case be which he alloweth not for auoiding of scandales or for other detriment of soules or by composition for the better reteining Princes and prouinces in ecclesiastical peace be condescended and agreed vnto the limitation or imminution of his accidental rightes honours and preeminences nothing esteemed so material vnto him as the saluation and preseruation of kingdomes and Contries in the vnitie of Christes faith and Church The Pope may yeeld ī his humane prerogatiues but not in his spiritual Ther is no humane prerogatiue be it houlden neuer so rightlie or giuen neuer so iustlie for the honour of Christ and his high office but he may ether him self for iust causes yeeld it vp or by violence ether of persecutours or carnal and wordlie persons be bereaued therof Onelie his preeminence Prelacie ouer our soules and ouer al Christian Countries and persons be they publique or priuate and whatsoeuer our Sauiour graunted to the Prince of the Apostles vpon whom he builded his whole Church and to whom and to his successours he gaue the keyes of Heauen with ful commission to bind loose punish pardon feede confirme in fayth decide and determine c. this he can not yeeld this can no earthlie power take frō him this doth no Catholique King or Countrie restreine him of nether euer were ther anie lawes made in Fraunce Spaine or in our owne Countrie so long as it was Catholique for abbridging his Apostolical mere spiritual authority ī the premisses Though otherwise as it falleth out in a mans owne person wherin as the Apostle writeth and as we al feele the flesh resisteth the spirit The
this man was M. Kirkman M. Kirkeman an happie Priest also martyred for that he acknowledged him-self to haue reconciled certaine persons to the Catholike church For which likewise were put to death M. Thomson M. Harte and M. Threlkeld M. Thōson M. Hart. M. Threlkeld afterward in the same citie of Yorke neuer charged nor suspected of anie other treasons then of hearing Confessions absoluing and reconciling sinners to the fauor of God and to the vnitie of the Catholique churche againe which both in the Priest that absolueth and in the partie that is absolued they haue made to be the crime of les-Maiestie vnder this false and most vniust pretēce that al parties so reconciled are assoiled of ther obedience to the Q. and doe adhere to her enimie and admit forreine iurisdiction power and authoritie which is exercised in Confession for remission of sinnes Thes be the treasons and none other for which the blood of Gods Priests is so abundantlie shed in our poore countrie thes yeares Adde to thes the two famous confessors Ao. 1583. M. Slade M. Bodie M. Iohn Slade and M. Iohn Bodie who both by certaine interrogatories being driuen to say their mindes touching the Q. chalenge of supreme regiment ecclesiastical contrarie to the asseueration of this libeller set downe before for confessing their faith of the Popes spiritual soueraigntie and for denying her to be head of the churche of England or to haue anie spiritual regiment were cōdemned to death in publique iudgement at two diuers sessions and that at twise a rare case in our countrie the latter sentence being to reforme the former as we may gesse in such strange proceedinges which they perceiued to be erroneous and insufficient in ther owne lawes Wherupon one of them was executed at Winchester th' other at And ouer in the same prouince being neuer charged with disloyaltie or olde treasons as not onelie by the recordes of their arraignment and condemnation we are able to prooue but also by their owne speeches and by the whole action of ther Martyrdome The booke is intituled The Seueral executions of Slade and Body c. imprinted in London by Richard Iones 1583. which is put in print by one of their owne protestantes that was present and is witnessed by thousandes of others that both heard saw their deathes and iudgement I wil for examples sake alleage some thing out of the said printed pamphlet of that which was said vnto them by the enimie at their martyrdome Confesse your fault saith one of the cheefe * Sir VV. Kingsmel gentlemē and ministers of execution ther present for satisfaction of the vvorld in the cause of your death to which the holie confessor I. Bodie answered after protestation of his loyaltie in temporal thinges Yovv shall vnderstand quoth he good people that I suffer death for denying her Maiestie to be Supreame head of Christes churche in England in causes ecclesiastical other treasons except they make hearing the holie Masse or saying Aue Maria treason I haue cōmitted none So his happie companion M. Slade condemned for the same onelie cause was thus spoken vnto in the houre of his agonie The cause vvhy M. Slade and M. Bodie vvere murdered by one doctor Bennet a great minister of ther new congregation let not the Pope saith he that vnvvorthie Priest be preferred before thine ovvne natural Princesse vvho is the lavvful supreame head of the Church next vnder Christ So said this minister by whom we may not onelie perceiue vpon what statute and treason they were executed but also which in an other parte of this libel is without shame most boldlie denied Pag. 10. that indeed the Q. is commōlie of protestantes called Supreame head of the Church So their preachers in pulpit doe sounde owt daylie as al men know and their writers in bookes dedicated to her as M. Bridges M. Bridges against doctor Saunders and D. Stapleton and others doe tearme her expreslie Wherof the wiser sorte as we may see by this libel are so ashamed that they wolde haue it giuen out to strangers speciallie who wonder at the monstruous title that ther is no such thing chalenged of her or giuen her by the new lawes of Religion in England The protestātes ashamed of their Head of the church For which cause and for that they had an intention streight to publishe at home and in forreine partes that none were put to death for anie such matter of faith or religiō they suppressed the said printed pamphlet of thes twoo mens martyrdome and punished the Author therof though he wrote in that point the plaine truth as he hard and sawe but not discretlie inough nor aggreable to the politique practise they had then in hand which was to perswade the world that none were put to death for their conscience nor that the Q. chalenged anie such title of Supremacie or Headshippe ouer the Church Pag. 10. which later point it seemeth conuenient to the politiques of our Realme to disauowe with such vehemencie in this libel as they geue vs the manifest lye for that we reproue them of it for thus they write vvhich title of headship of the Church the aduersaries doe most falslie vvrite and affirme that the Q. Maiestie doth novv vse a manifest lie and vntruth c. Wherfore of this matter I am inforced in this place to speake a word or two by the waye The truth is that in the first yeare and Parliament of the Q. reigne when they abolished the Popes authoritie and wolde haue yeelded the same authoritie with the title of Supreame head to the Q. as it was giuen before to her Father and Brother diuers speciallie moued by Minister Caluins writing who had cōdemned in the same Princes that calling liked not the ●earme and therfore procured that some other equiualent but lesse offensiue might be vsed Vpon which formalitie it was enacted that she was the Cheef gouernour asvvel in causes ecclesiastical or spiritual as ciuil and temporal And an othe of the same was conceiued accordinglie to be tendred at their pleasures to al the spiritual and tēporal officers in the Realme by which euerie one must sweare that in conscience he taketh and beleeueth her so to be and that no Priest or other borne owt of the realme can haue or ought to haue anie maner of power in spiritual matters ouer her subiectes Which othe is compted the verie torment of al English consciences not the protestantes themselues beleeuing it to be trew of al trew catholiques as before it was deemed in her Father a lay man and in her Brother a childe very ridiculous so now in her self being a woman is it accompted a thing most monstruous and vnnatural and the verie gappe to bring anie Realme to the thraldome of al sectes Heresie Paganisme Turcisime or Atheisme that the Prīce for the time by humane frailtie may be subiect vnto al our religion faith worship seruice
our cōtentmēt this Libeller so often alleageth if in scoole booke or pulpit it had bene affirmed that for Heresie or Atheisme a Prince or her self might be deposed Yf in the famous vniuersitie of Paris or honorable college of Sorbon VVhat forraine Princes accōpt of such propositions that conclusion of diuinitie were defended that the Pope in case of Heresie might censure their king would that trouble his most Christian Maiesty who desireth no longer to reigne then he doth aduaunce the glorie of Christ The like might be said of th' other great Monarch of Spaine who would not haue his owne issue which God almightie blesse succede him if it were not Catholique No more would th' Emperours sacred Maiesty no nor the Popes Holines in spiritual affaires and regiment of our soules superior to al the rest count anie of his owne subiects traitors for houlding that in case of Heresie or Apostacie he might be deposed or loose the right of his place and dignitie We aske here the Libeller by what law or custome Canon Ciuil or National of our countrie or other is this made treason Or why it should be more treason in England then in anie other place seing no lawe hitherto hath passed by authoritie against the same nor anie opinion to be compted preiudicial to anie Prince or state no assertion treasonable that is true in diuinitie for that no truth agreable to Gods lawe and mans can be contrarie to the lauful soueraigntie of anie power or potentate in earth But you wil say and that is al you can say that though the general proposition An obiection vvith the ansvver that Princes for Heresie may be deposed were true yet th'application therof to her Maiestie in particuler may be treason for that it is made high treason by act of Parliamēt in the thirtenth yeare of the Q. reigne for anie to cal her an Heretique or a Shismatique vnder paine of death To which we answere first that our affirming that she may be deposed for Heresie doth not at al auouch her to be one no more then the like assertion of the K. of Spaine would implie him to be such an one or vs to thinke him such an one and therfore if your owne conscience accuse your selues or giue you suspition that what soeuer is said toucheth you it is you that applie the general speach to your owne particuler and not we Secondlie we say that your said law may bind vs that be subiects not to speake so vnreuerentlie of her to whom God hath giuen power ouer vs in this lyfe as to cal her Heretique Infidel or Schismatique for thos be the termes of your statute though we should know her damnably to erre in Religion but the Pope is not subiect to that lawe but he may according to th' authoritie giuen vnto him determine by the lawes of God holie Church who is an Heretique and so wil the learned of forraine schooles whether you wil or no applie the definition of Heresie or of an Heretique to what person they please As for vs our brethren executed you know none euer called the Q. Heretique voluntarilie contemptuouslie or malitiouslie as your statute runneth but when they were driuen by you of set purpose to offend the lawe so to haue some quarel to make them away The malice of our persecutours in driuing and inforcing men to offend their lavves For example of your charitable and no lesse politique dealing in such matters we wil set doune the holie Martyr Iohn Nelsons case This man being brought before the Magistrate was demaunded what Religion he was of to which when he bouldlie answered that he was a Catholique they further asked what he thought of that Religion and seruice which was vsed in England and to that when he answered that he tooke it to be heretical and schismatical then quoth they what is Schisme A volūtarie reuolt said he from the Romane and Catholique Church Wel then said the Magistrate goe toe what thinkest thou of the Q. is she a Schismatique or no for of anie thing said before they had no iust pretence of law to cōdemne him of treason the man of God answered that he neuer so called her for reuerence of her highe dignitie nor could tel for that he knew not her Maiesties meaning whether this Religion were established by her special commandement and authoritie or no and therfore humblie prayed them not to vrge him wittinglie to commit anie crime wherin hitherto he had neuer offended But they would not so cease but said they could wel resolue him in that that in deed this English religion was established by her and by her mainteined the Confessor refused stil to answere saying that he knew not so much for al that of her mind cōscience but it might proceed rather of some of her ministers more then of her self in which sort as S. Augustine noteth a man may be deceaued by heretiques but yet properlie no heretique Haereticis credens non propriè Haereticus A differēce betvvene an Heretique and one that beleeueth Heretiques But because they would needes haue the poore mans death they left him not so but what say they if she were the author of this religion then whether were she a Schismatique or Heretique or no The Confessor being loth to exasperate the Prince on the one side and more loth to offend God or giue scandal on thother after he had paused a while and asked strength from aboue finallie he said if she be the setter forth and defender of this Religion then she is a Schismatique Heretique in deed And so they got the holie person into the cōpasse of their lawe for which afterward he was Martired Now we doe appeale to the equitie of al Christian people how loth our brethren be to offend by word or deed the honour of the Q. The offence of Catholiques coacted after what a shameful captious sort they be forced to doe or say that which the enemie chargeth them withal euen to death Alas it is not Catholiques that applie thos vniuersal truthes of schooles to the particuler case of our state but it is their owne vneuen driftes questiōs feares and suspicions that make them imagine and conuert al to them selues As also it is their errour in regiment wel near as may be doubted incorrigible that hath brought them selues to thes perplexities and vs to thes coacted miseries and complaints Lastlie we say that how soeuer anie one Catholique or other hath bene driuē or shal be forced hereafter to offend against the said Statute of Supremacy or Heresy or against any new law made in that behalf yet in equity they can not be pursued to death for that cause seing our aduersary protesteth here publiquely in his Libel that no other trespasses shal be obiected to vs as matter capital sauīg treasōs so made by th' olde lawes of the Realme As we for our partes eftsons doe protest and