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

Henries tyme except he haue a brazen face and a ●eared conscience or els be ignorant of all antiquity But to returne to S. Augustin and those first two hundreth yeres comprysed in the history of S. Bede yf wee consider the notable miracles wherwith it pleased God to confirme this our Catholyke religion in those dayes for his owne glory and the conuersion of the panims no man can ●out that it is the true fayth except he be more faythlesse incredulous then those infidels that were conuerted therby Saynt Bede signifieth that S. Augustin wrought so many miracles whereof he declareth some that S. Gregory wrote vnto him to admonish him not to be proud therof he also declareth very many famous miracles donne by a crosse erected by King Oswald and after by his relickes as wel in Ireland and Germany as England and by the relickes of saynt Eartongatha daughter to the King of Kent and her cosen Edelburg both virgins and nunnes of S. Edel●●eda the Queene that dyed a virgin in a monastery whose ●ody was taken vp whole vncorrupt after many yeares ●● the discouery whereof diuels were expelled and many ●●sseasses cured Also he recounteth the lyke notable mira●●es of S. Chad S. Cutbert S. AEdelwald and saynt Iohn a Bishop which they did whyles they were yet liuing and others donne by holy oyle by the blessed sacrifice of the masse all which for breuities sake I omit remitting our aduersaries to the autor in the places aleaged in the margent OF THE FIRST CONUERSION of our country whyles it was called Britany in the tyme of King Lucius with euident proofes that our Catholyke fayth was then preached planted there CHAP. V. BVT for as much as our country hath ben twyse cōuerted from paganisme first in the tyme of the Britains and after in the tyme of the Saxons or English they wil say perhaps that although we proue that the second tyme our Catholyke religion was planted and established there when many errors as they would haue the world to thinke were crept into the Church yet at the first conuersion in King Lucius dayes their religion was taught and deliuered to the Britains which some of their croniclers are not ashamed to intimat to their readers and namely Holinshed who yf my memory fayle me not for I haue not his book here maketh Eleutherius the Pope write a letter to King Lucius more lyke a minister of England then a Bishop of Rome Therefore I wil take a litle paynes to examine this poynt wil make it manifest that our Catholyke religion which saint Augustin planted amongst the English was deliuered 400. yeres before to King Lucius and the Britains by Fugatius and Damianus or as some say Donatianus sent into Britany by Pope Eleutherius in the yeare of our Lord 182. And although no ancient historiographer or writer for ought I haue seene do signify particularly what poynts of religion were preached to King Lucius at his conuersion partly for that matters of so great antiquity are but very breefly and obscurely handled and partly because in those dayes when there was no other but our Catholyke religiō vniuersally professed this of the protestants not so much as dreamt of it was needlesse to signify the poynts or articles therof for that it could not be immagined to be any other bur the Roman fayth yet in the discourse of the tymes and ages next ensewing the conuersion of King Lucius whyles the fayth which he receiued remayned pure and vncorrupt the cleare light of truth doth snfficiently shew it selfe through the clouds of the obscure breuity wherewith the matters of those tymes are treated To this purpose it is to be vnderstood that as our famous countryman S. Bede testifieth the fayth preached to King Lucius and the Britains remayned in integrity and purity vntil the tyme of the Arrians which was for the space of almost 200. yeares and although he signify that from that tyme forward the people of Britany weare geuen to noueltyes and harkened to euery new doctrine yet it is euident in him that neyther the Arrian heresy nor yet the Pelagian afterwards took any root there or could infect the whole body of the Britain Church but only troobled the peace thereof for a short tyme in so much that it should seeme the first was rooted out by the industry of the good Pastors and Bishops of Britany whereof some were present at the great councel of Sardica held against the Arrians shortly after that of Nice in which respect S. Hilary doth worthely prayse the Britain Bishops for that they wholy reiected the Arrian heresy and the later I meane the heresy of Pelagius which saynt Bede sayth the britains would nulla●enus suscipere in no sort receiue was suppressed by S. German and saint Lupus two Bishops of France who at the request of the Britains came into Britany and confounded the Pelagians in open disputation whereby the people were so ●ncensed against the said heretykes that they could hardly ●old theire hands from them and in conclusion banished those that would not yeld to the true Catholyke faith and here vpon ensewed such peace and tranquility in the britan Church that for a long tyme after as saynt Bede testifieth the fayth remayned there intemerata vncorrupt wherby it appeareth that after the expulsion of the Pelagians which was about the yeare of our Lord 450. the Church of Britany reteyned the same fayth that it receiued at the first conuersion and therfore yf we fynd the vse and practise of our religion vntil these tymes it may serue for a testimony that the same was deliuered to King Lucius First we read that presently after the persecution of Dioclesian wherin our protomartyr saynt Alban with some others was put to death about the yeare of our Lord 286. the Christians that had liued before in woods and caues not only repayred the Churches which the persecuters had destroyed but also made new in honour of the martyrs celebrated festiual dayes and buylt amongst others a most sumptuous Church in honour of S. Alban where many miracles were wount to be donne continually vntil the tyme of S. Bede as he himselfe witnesseth afterwards when the Pelagian heresy had somwhat infected the country saynt German going thether out of France to confound the Pelagians at the request of the Britans themselues as I haue declared before appeased a great storme at sea with casting therein a little water in the name of the Trinity which no dout was holy water and being arriued there he restored sight vnto a noble mans daughter applying vnto her eyes certayne relyckes which he caryed about him c. after hauing confuted the Pelagians and reduced all to the purity of fayth as saynt Bede sayth meaning therby the fayth first preached to King Lucius he went to the toomb of S. Alban to geue thankes to God per ipsum by

matter passed and euidently see the supreme autoritie of the Bishops of Rome in those dayes it is to be considered that there hauing been from the tyme of the Apostles a different manner of keeping Easter in the Churche of Rome and the Churches of the lesser Asia the Romans keeping it alwayes vpon the sunday according to the tradition of the Apostles S. Peter and saynt Paule they of Asia obseruing the tyme and custome of the Iewes pretending the example and tradition of S. Iohn the Euangelist Pius the first of that name Bishop of Rome desyring to reduce all the Churche to vniformity made a decree that the feast of Easter should be celebrated only vpō sunday but for that the Churches of Asia made great dificulty to leaue their tradition as wel Pius as Anicetus Soter and Eleutherius forbore for peace and quietnesse sake to compel them by Ecclesiastical censures to the obseruation therof but afterwards Victor who succeeded Eleutherius noting that not only those which inclyned to keep the ceremonies of the old law were much confirmed therby in their opinion but also some in Rome namely one Blastus sought to introduce that custome there and Iudaysme withall cauled a councel of the Bishops of Italy neere adioyning and not only caused other councels to be assembled in France but also directed his commaundements to the Bishops of the east to do the lyke namely to Theophilus Bishop of Caesarea as that S. Bede reporteth in these words victor the Pope Bishop of the citty of Rome dixerit authoritatem that is to say directed a commaundement to Theophilus Byshop of Caesarea and Palaestina that it should be determined how the easter should be celebrated there where our Lord the sauiour of the world conuersed Therfore perceptae qutoritate the authority or commaundement being receiued Theophilus assembled Bishops not only out of his owne prouince but also out of diuers other cuntryes and when they were come togeather in great numbers Theophilus protulit autoritatem ad se missam Papae Victoris Theophilus shewed the autority or commaundment that Pope Victor had sent him declared quid sibi operis fuisset iniunctum what was enioyned him to do c. herein by the way I wish to be noted how the Bishop of Rome in those dayes that is to say in the tyme of Lucius exercised his autority in calling of councels both of the Byshops of the Latin or west Church also of the east seing Theophilus Byshop of Palaestina assembled the prelats not only of his owne prouince but also of diuers other by vertue of the commission geuen him by Pope Victor But to proceed yt being determined by all those coūcels that the feast of Easter should be kept on the sunday according to the custome of the Romā Churche Victor the Pope renewed the decree of Pius his predecessor and denounced excomunication against all the Churches of Asia that would not cōforme them-selues therto which though some holy and learned Bishops amongst other Irenaeus thought to bee rigorously done and not with such consideratiō as it seemed to them the peace of the Church required yet none of them nor any of the schismatykes themselues took any exception to his autority as though he had donne more then he might do which no dout they would haue done yf he had exceeded the limits of his power therfore Eusebius sayth that Irenaeus did admonish him that he would not cut of from the body of the whole Church so many Churches for obseruing a tradition vsed amongst them according to an old custome and Nicephorus testifieth that they aduised him vt benignius statueret that should determine therof with more benignity and myldnes wherin wee see Pope Victors authoritie and power to excommunicat all other Bishops sufficiently acknowledged though there was question of the iustnesse of the cause and conueniency of the fact neuerthelesse yt appeared afterwards by the determination of the whole Churche of God yea of the greatest part of the Asian Churches themselues that Victor had reason in that which he did for as Nicephorus testifieth not only Asia did at lēgth yeild therin but also vbique terrarum in orbe decretum est it was decreed through out the world that the feast of Easter should be celebrated vpō the sunday in so much that those which would not yeild therto were held for heretykes cauled quarta decimani for so they are accounted and termed by Nicephorus saynt Augustin Epiphanius Philastrius and the councels of Antioch and Laodicea and to conclude this poynt yt shal not be impertinent to the matter in hād to consider how this controuersy about the keeping of easter ended many yeares after in England betwyxt the English Byshops mayntayning the custome of Rome and the Scottish that were Schismatykes and obserued the custome of Asia which venerable Bede recounteth saying that Bishop Colman with his Scotish elergy being assembled in Northumberland with Agilbert Bishop of the east Saxons his Priests Wilfred and Agathon in the presence of King Oswy after long debating the matter on both sydes Wilfred answered to Colman who relyed vpon the autority of Anatholius and Columba his predecessors although quoth he Columba was a holy man yet could he not be perferred before Peter the most blessed Prince of the Apostles to whome our Lord sayd thou art Peter and vpon this rock I wil buyld my Churche hel gates shal not preuayle against it and to thee I wil geue the Keyes of the Kingdome of heauen when Wilfrid had sayd this King Oswy who had ben brought vp by the Scots and infected with their schisme asked Colman wheather he could proue that so great autority was geuen to Columba and Colman answered no and do you on both syds sayth the King grant without controuersy that this was sayd principally to Peter and that the Keyes of the Kingdome of heauen were geuen him by our Lord and both parts answered yea nay then quoth the King merily I assure yow I wil not in any thing contradict that porter but as farre as my knowledge and power shal extend I wil obey his commaundments least perhaps when I shal come to heauen and haue him my enemy that keepeth the keyes no man wil open me the gates The King hauing sayd thus all that were present both litle and great sayth saynt Bede allowed therof and yeilded to receiue the Catholyke custome of keeping Easter on the sunday Thus wee see this great controuersy ended also in England neere a thousand yeres agoe by the autority of the sea Apostolyke so that to returne to Pope Victor wee may truly say he had the victory or rather that saynt Peeter by him and his successors vanquished all such as opposed themselues to this traditiō of the Roman Churche Seing then in the tyme of K. Lucius the Bishops of Rome both claymed and exercised supreme authority ouer all

lambe of God and in the first general councel of Nice held by aboue 300. Fathers situm in sacra mensa agnum illum Dei tollentem peccata mundi incruente a sacerdotibus in molatum the lambe of God placed vpon the holy table the which lambe taketh away the sumes of the world and is vnbloodily sacrificed by the priests wherto may iustly be added the doctrin of all the Fathers that this sacrifice is propitiatory for the liuing and for the dead grounded no dout vpon the woords of our sauiour himselfe in his first institution and oblation therof when he said to his Apostles representing the whole Church this is my body which is geuen pro vobis for you that is to say for remission of your sinnes and more playnly in oblation of the cup this is my blood which is shed pro vobis or as saynt Math. sayth pro multis in remissionē peccatorum for you for many to the remission of sinnes for this cause saynt Iames the Apostle in his liturgy saith offermius ●●bi wee offer to thee o Lord the vnbloody sacrifice for our sinnes and the ignorance of the people and saynt Martial the most ancient martyr who as I haue sayd liued with the Apostles affirmeth that by the remedy of this sacrifice lyfe is to be geuen vs death to be eschewed and S. Denis a foresaid cauleth it salutarem bostiam the host or sacrifice that geueth health or saluation S. Athanasius sayth that the oblation of the vnbloody host is propitiatio a propitiation or remission of sinnes Origin cauleth it the only commemoration which makes God mercyful to men S. Cyprian termeth it medicamentum holocaustum ad sanandas infirmitates purgandas iniquitates a medicin burnt sacrifice for the healing of infirmityes and the purging of sinnes S. Ambrose speaking of the Eucharist sayth that Christ offreth him selfe therin quasi sacerdos vt peccata nostra dimittat as a priest that he may forgeue our sinnes S. Augustin considering that all the sacrifices of the old law were figures of this sacrifice as he often affirmeth that amongst infinit others there were some that were called hostiae pro peccato sacrifices for remission of sinne By the sacrifices saith he that were offred for sinnes this one of ours is signified wherein is true remission of sinne and to ad somewhat more hereto concerning the custome of Gods Churche to offer this sacrifice also as propitiatory for the dead S. Iames the Apostle in his liturgy prayeth to almighty God that the sacrifice may be acceptable vnto him for remission of the peoples sinnes and for the repose of the soules of the dead also saynt Clement reacheth for a constitution of the Apostles to offer the holy Eucharist in Churches and Churchyards for the dead S. Chrisostome also often affirmeth it for a decree of the Apostles to offer sacrifice for the dead saying it was not rashly decreed by the Apostles that in the most dreadful mysteries there should be commemoration made of the dead for when the people clergy stand with their hands listed vp to heauen the reuerend sacrifice set vpon the Altar how is it possible that praying for them wee should not pacify the wrath of God towards them S. Gregory Nissen in lyke manner proueth the vtility and profit therof by the authority of the Disciples of Christ that taught deliuered the custome to the Churche as witneseth saynt Iohn Damascen who affirming it to be an Apostical tradition confirmeth the same with the testimonies of S. Athanasius and saynt Gregory Nissen Tertullian often maketh mention of oblations offred for the dead yerely in their anniuersaries aleadging it amongst dyuers other for an ancient custome and vnwritten tradition of the Churche S. Cyprian also mentioneth a constitution made before his tyme that for such as make Priests their executors or tutors to their Children no oblation or sacrifice should be offred after their death which statute he ordayned should be executed vpon one called victor that had offended against the same S. Cyril Byshop of Hierusalem hauing spoken of other parts of the sacrifice of the masse sayth then wee pray for all those that are dead beleeuing that their soules for whome the prayer of the dreadful sacrifice is offred receiue very great help therby S. Augustin sayth that according to the tradition of the ancient fathers the whole Church vseth to pray and offer the sacrifice of the blessed body and blood of Christ for those that are dead and that it is not to be douted but that they are helped thereby and in his book of confessions he signifieth that the sacrifice of our redemption that is to say the blessed body and blood of our Sauiour was offred for his mothers soule when shee was dead S. Gregory the great to declare the excellent effect of the sacrifice of the masse offred for the dead telleth of one that being taken prisoner in the warre and thought to be dead was deliuered on certayne dayes of the weeke of his chaynes and fetters which fel from him so oft as his wyfe caused the sacrifice of the masse to bee offred for his soule and of this S. Gregory taketh witnes of many of his auditors whome as he sayth he presumed did know the same The lyke also in euery respect recounteth venerable Bede our countryman in the story of England which he wrote about 800. yeares agoe of one Imma seruant to King Elbum which Imma being prisoner in the hands of his enemies and chayned could not be tyed so fast but that his chaynes fel of once a day at a certayne hower when his brother called Iunna an Abbot sayd masse for him thinking he had ben slayne and this sayth saynt Bede he thought good to put into his history for that he took it for most certayne hauing vnderstood it of credible persons that had heard the party tel it to whome yt happened To conclude this custome of offring the blessed sacrifice of the masse for the dead was inuyolably kept in the Churche of God euen from the Apostle tyme without contradition vntil Aerius an Arrian heretyke impugned the same all prayer for the dead about 360. yeres after Christ for the which he is put in the Catologue of heretykes by saynt Augustin S. Epiphanius as our aduersaryes deserue also to be for teaching and defending the same haeresy AN ANSVVERE TO THE obiections of our aduersaries out of S. Paules epistle to the Hebrewes with a declaration that the heretykes of this tyme who abolish the sacrifice of the Masse haue not the new Testament of Christ and that they are most pernitious enemies to humain kynd CHAP. XVIII BVT now our aduersaries against vs or rather against these expresse scriptures and Fathers obiect some texts and arguments of S. Paule to the Hebrewes by the which he conuinceth

doing other workes of deuotion as I declared before he addeth mansit haec Christi capitis membrorum consonantia suauis donec Arriana perfidia c. this sweet consonance or agreement of the members of Christ the head remayned vntil the Arrian heresy spread her poyson there and although he insinuat as saynt Bede also doth that afterwards the people became new fangled and embraced other heresyes meaning no dout the Pelagian heresy which as I haue shewed before out of S. Bede was quickly extinguished there yet afterwards he signifieth playnly that neither the Arrian nor Pelagian nor any other heresy took root in Britany and that the Churche was cleare therof after the cōming in of the Saxons about the tyme of his byrth which was in the yere of our Lord 594. for speaking of the tyme and of the ouerthrow geuen by Ambrosius Aurelianus to the Saxons and Picts and of the great slaughter of them shortly after at blackamore in York-shire which as Polidore supposeth is called in Gildas mons Badonicus he sayth that the people hauing noted the punishment of God vpon them for their sinnes and his mercy in giuing them afterwards so greate victories ob hoc reges publici priuati sacerdotes ecclesiastics suum quique ordinem seruauerunt for this cause saith hee the Kings and others as wel publik as priuat person●● Priests and ecclesiastical men did euery one their dutyes and although he declare presently after that by the extreame negligence of their Kings and gouernours ecclesiastical and temporal which immediatly succeded greate corruption was entred at the same tyme that he wrote yet it is euident ynough in him that it was not corruption of fayth but of manners as pryd ambition dissolutiō of lyfe drōkenesse lying periury tyranny in the Kings simony couetousnesse in the clergy sildome sacrifices breach of vowes of chastity and of monastical lyfe profaning of altars and such lyke for the which he threatneth and as it were prophesyeth the vtter destruction of Britany which shortly after followed so that amongst other things which he was persuaded brought the plague of God vpon our country we see he taxed certayne customes peculiar to our aduersaries and the proper fruits of their religion tending only to the ouerthrow of ours therfore it playnly appeareth that ours was then in vre and receiued detriment by those who though they were not protestants in profession yet were protestants in humour and condition I meane profaners of Altars and holy things breakers of vowes of chastity and Apostatats from religious and monastical lyfe such as Luther and many of his followers haue ben since And now to come to later tymes after Gildas yf we consider the relicks of Christian religion which saynt Augustine found in Britany amongst other things the great monastery of Bangor wherein were aboue two thowsand monks it wil be manifest that the ancient religion of the Britains was our Catholike fayth for although in the space of a hundreth seuenty and three yeres that passed from the comming in of the Saxons vntil their conuersion the Britain Church was not only much decayed but also had receiued some aspersion of erronious and euil customes yet in fayth and opinion they diffred not from S. Augustine insomuch that he offred to hold communion with them if they would concurre with him in three things only the first in the tyme of celebrating the feast of easter the second in the manner of administring the sacrament of Baptisme and the third in preaching the faith to the Saxons all which the monkes of Bangor refused vpon no better reason then for that S. Augustine did not ryse to them when they came to the synod condemning him therefore to be a proud man notwithstanding that he had restored a blynd man to sight by his prayers in the presence of all the Bishops and clergy of Britany who vndertooke to do the lyke in confirmation of their customes but could not performe it Therfore as saynt Bede reporteth S. Augustine did foretel to the sayd Monkes of Bangor that seing they would not haue peace with their brethren they should haue warre with their enemies and yf they would not preach vnto the English nation the way of lyfe they should by their hands receiue reuenge of death which after was truly fulfilled for Edelfrid a pagan King of Northumberlād killed a thousand two hundred Monkes of that monastery at one tyme by the iust iudgement of God as saynt Bede sayth for their obstinacy Thus much for this matter wherby thou mayst see good reader that saynt Augustine found in wales amongst the Britains the same religion faith in substance that he then preached to the English or Saxons and which we Catholykes stil professe which being considered with that which I haue proued before concerning the continual practise therof in the primatiue Church of Britany whyles the same was in purity and integrity no man that hath common sence can dout that the same fayth was deliuered by Pope Eleutherius to King Lucius and generally professed throughout Christendom at those dayes in which respect we fynd honorable mention and testimony of the faith of the Britains in the Fathers both Greekes and Latins from the tyme of their conuersion as in Tertulian in K. Lucius tyme and in Origen presently after in S. Athanasius and S. Hilarius in the tyme of the Arrians of which two the first testifieth that the Bishops of Britany came to the councel of Sardica and the other commendeth the Britan Church for reiecting the Arrian heresy as I haue noted before also in S. Chrisostome and saynt Hierom who commendeth the deuotion of the Britans that came to Bethlem in pilgrimage in his dayes about the same tyme that the Saxons entred into Britany CERTAINE POINTS OF CONTROUERSY are discussed wherby it is prooued that King Lucius receiued our Catholyke fayth and first of the Popes supremacy in Ecclesiastical causes CHAP. VII BVT to the end that this vndouted truth may be cleared of all dout I wil ioyne Issue with our aduersaries vpon some two or three poynts now in controuersy betwyxt vs and them and breefly proue that the doctrin that we teach concerning the same was publykly held for truth throughout Christendome in King Lucius dayes and that therfore he could receiue no other then the same from the Church of Rome and this I vndertake the more willingly for that albeit all matters of controuersy haue ben very learnedly and sufficiently handled yea and whole volumes written of them by our English Catholykes in the beginning of her maiestyes raygne yet by reason of the strayt prohibition of the sayd bookes there are an infinit number in England especially of the younger sort that neuer saw the same to whome I desyre to giue in this treatyse at least some litle tast of the truth of our Catholyke religion so farre as my determined breuity wil permit First

might haue continually a visible head no lesse now in the new law thē heretofore in the old which was a figure of the new and had a continual succession of Bishops from Aaron therfore I say all the ancient fathers worthely acknowledged this our sauiours institution and this autority of an vniuersal Pastor not only in S. Peter but also in his successors where vpon S. Chrisostome saith that Christ committed the care of his sheep tum Pe●ro tum Petri successorebus both to Peeter and to Peeters successors and Petrus Bishop of Rauena in his epistle to Eutyches blessed Peeter sayth he liues gouerns stil in his owne seat and Leo magnus affirmeth that Peeter continueth and liueth in his successors and therfore the great councel of Chalcedon abouesayd hauing heard the epistle of the sayd Leo condemning the heresy of Eutyches sayd Petrus per Leonem locutus est Peter hath spoken by the mouth of Leo. In this respect also the blessed martyr S. Cyprian who as I sayd before wrote soone after the conuersion of K. Lucius cauleth the Roman Church Cathedrā Petri ecclesiam principalē vnde vnuas sacerdotaelis exorta est the chayre of Peeter the principal or cheef Churche from whence springeth all Priestly vnity signifieng therby that as the vnity of the natural body consisteth in that dyuers members being combyned vnder one head do all receiue from the same the influence of one lyfe so also the vnity of the mistical body of Christ consisteth in that diuers Churches being conioyned vnder one head which is the Roman Churche or chayre of Peter do all receiue from the same the influence of one spirit and doctrin which he declareth playnly in his book of the vnity of the Churche where he sayth euē as there are many beames of the Sunne and one light many bowes of one tree and yet one strength founded in one root many brookes flowing from one fountayne a vnity therof conserued in the spring euen so the Churche of our Lord casting foorth her light euery where stretcheth her beames through out the world yet the light is one shee extends her bowes ouer the whole earth spreads her flowing riuers farre neare and yet there is one head one beginning and one fruitful and plentiful mother Thus far this famous martyr who speaking also other where of Peters chayre declareth the miserable state of those that are deuided seperated from the same which I wish our aduersaryes diligently to note there is sayth he one God one Christ one Churche one chayre founded vpon Peeter by our Lords woords an other Altar cānot be erected nor a new priesthood ordayned whosoeuer gathereth any where els scattreth it is counterfeyt wicked and sacrilegious whatsoeuer humain fury doth institute ordayne to violate the ordenance of God and agayne to the same purpose he which holdeth not sayth he this vnity of the Churche doth he beleeue that he holds the fayth of the churche he which forsakes the chayre of Peeter where vpon the churche was foūded can he hope to be in the churche Finally this blessed martyr writting to S. Cornelius the Pope calleth the Roman Church Marricem radicem catholicae Ecclesiae the mother root of the Catholyke Churche which he wisheth all men to acknowledge and hold most firmly and transferring the same presently after to the person of Cornelius he sayth that he would haue all his collegues retayne hold stedfastly his communion that is as much to say sayth he as to hold the vnity charity of the Catholyke church geuing to vnderstand that he which doth not communicate with the bishop of Rome the chayre of Peter the fountayne of vnity the root and mother of the Catholyke Churche he is not a member of the same nor gathereth with Christ but scattreth The very same in substāce the famous Doctor S. Hierom teacheth as wel of S. Peeter as of his chayre and successors of S. Peeter he sayth that he was therfore chosen of our sauiour one only amongst twelue that a head being appoynted all occasions of schisme diuision might be taken away and of his chayre and successors he sayth to S. Damasus the Pope qui cathedrae Petri iungitur meus est he which is ioyned to the chayre of Peter he is myne and agayne to him in an other Epistle I sayth he following no cheef but Christ am lincked in communiō with thy beatitude that is to say with the chayre of Peter vpon that rock the Churche was buylt whosoeuer eateth the lambe out of this house is profane if any man be not in the arke of Noe he shal perish in the flud and a litle after I know not Vitalis I refuse Meletius I know not Paulinus whosoeuer doth not gather with thee scattreth he which is not of Christ is of Antichrist thus far S. Hierome of the supremacy of Peeters chayre and particularly of Pope Damasus of whome S. Ambrose in the same tyme acknowledged no lesse saying Ecclesia domus De● dicitur cuius rector hod●e est Damasus the Churche is cauled the house of God the gouernour whereof at this day is Damasus with these all other Doctors of the Churche Greekes and Latins agree concerning the supremacy of the bishops of Rome as Epiphanius Athanasius Basilius Gregorius Nazianzenus Chrysostomus Cyrillus Theodoretus Sozomenus Optatus Ambrosius Augustinus Prosper Victor Vticensis Vincentius Lirinensis and Cassiodorus all which did wryte aboue 1000. yeres ago and playnly acknowledged the supremacy of the bishop of Rome as appeareth in the places aleaged in the margent wherto I remit our aduersaries to auoyd prolixitie concluding with the great councel of Chalcedon abouesayd wherein Pope Leo was cauled vniuersal Bishop dyuers tymes besyds that in an epistle written to him by the whole councel it is playnly signified that the Vineyard of our Lord that is to say the Churche was committed to his charge and custody To returne therfore to S. Ireneus in the tyme of King Lucius thou seest good reader how true is that which he sayth of the necessitie and obligation that all faythful people haue to agree with the Roman Churche propter potentiorē principalitatem for the mightier or more powerful principalitie therof that is to say for the supreme dignity it hath ouer all other churches as the mother ouer her children the head ouer the body and the spring and root of vnity THAT THE BISHOPS OF Rome exercysed supreme authoritie and iurisdiction in the tyme of king Lucius CHAP. X. NOW then let vs consider how the byshops of Rome did exercyse this theyr authority before and in the tyme of K. Lucius and neare vnto the same the which may appeare partly by the appellatiōs out of all parts to the sea Apostolyke and the restitution or deposition of bishops by the

publyke tryal should be nothing at all remedied therby For what doth it profit the prisoner to be brought in publykly to heare his iudgment read in the hearing of all to haue the witnesses confronted with him to be tryed by a verdit of 12. substantial men and to haue so many causes of exceptions alowed him against the sayd witnesses and Iurie as in the practise of our lawe is seene what doth all this I say auayle him if the rackmaister may haue the fingring of him first and force him by torture to accuse him-selfe and that the same accusation shal suffise to preiudice all the priuiledges that our law alloweth him Againe why are the iurors brought to the barre but to see the witnesses deposed to heare their euidence and the answere of the party ther-vnto and to vnderstand the whole groundes of the matter for the ful satisfaction of their consciences and to the end they may geue a true verdit But in this case of Squyre what cleare euidence was produced what witnesses were deposed what warrant had the Iury for their consciences who hearing by his owne report that he had beene forced by torments to accuse him-self condemned him neuerthelesse vpon his owne confession first extorted in the Tower by torture and by him ratified afterward at the bar for feare of new torments as afterward shal be declared besides some frinolous and vaine arguments vrged by M. Atturney and other lawyers whose occupatiou is to amplifie and exaggerate euery trifle to make mountaynes of molehils and with their retoryke such as it is to persuade ignorant mē that thee moone is made of greene cheese Truly eyther this is farre from the wisedome pyetie and intention of our lawmakers and from the course of our lawes or els we haue the most rigorous and absurd lawes in the world But seing the groundes of Squyres condemnation consisted principally in two poynts the one his owne confession vpon torment and the other the presumptions vrged by the lawyers which did seeme to fortifie the same I wil br●esty treat of eyther of them a part therby to shewe what may be iudged therby of their validitie And first of the presumptions OF THE PRESVMPTIONS vrged by the lawyers against Squyre and first of the deposition of Iohn Stallage alias Stanley CHAP. VI. THERE was red to the Iury the deposition of one Iohn Stallage alias Stanley who lately before was come from Spayne and had affirmed that one day in my lodging in Madrid I enueighed against Squyre with great passion and othes saying that he had deceyued vs in not performing his promise and that I feared we should be vtterly discredited with the King therby Wherto I answere that I protest before God and vpon my saluation that I neuer said any such thing to Stanley in my lyfe neyther is their any man I suppose that knoweth him and me and both our qualities behauiours and conditions wil thinke it probable that I would vse such wordes before him if there had byn cause or that so easely and eagerlie I would fal to sweareing vpon the suddayne which hath byn so farre of from all the rest of my former lyfe as my acquaintance wil beare me witnesse But to the end it may appeare to your honours what a substantial witnes he was I craue your pacience whyles I discourse of the sufficiency first of the man and then of the matter by him alledged For the first I assure your Lordships that if his honestie were to be tried by a Iurie of his contrymen in Spayne I meane eyther his fellow prisoners in Siuil or the Catholykes in Madrid he would soone be sēt after Squyre for that no man here hath other opinion of him then that he is a notable drunkard a common lyer a pilfering cosening and cogging compagnion yea and as he himself hath made no bones to boast a pursecatcher vpon the high-way as I haue credibly hard a commō horse-stealer for the which such other vertues of his I vnderstand he hath scowred sundry geoles in England and should haue flowred the gallowes long ere this yf he had had his right and of these his good conditions sufficient testimony may be had not only by the Englishmen stil in prison at Siuil but also by those that escaped hence and are in England who cannot but testifie the same yf they be put to their othes And as for his behauiour heer I assure your Lordships that within a fewe dayes after he was set at libertie and that we had noted his demeanour we were both weary ashamed of him for besydes his vyle and scandalous lyfe to bad to be told he would sometymes be in such desperate moodes that he would blaspheeme God saying that he could not forgeue his sinnes and sometymes threaten to make himself away because he was not regarded and rewarded according to his expectation though much better then his lewd conditions deserued and to giue your Lordships some particuler examples of his trecherie yea and his periurie which for the mater in hand is most to be considered your honours shal vnderstand that first he betrayed his owne fellow prisoners in Siuil reuealing certayne treatyes and practises they had in hand for their libertie and other purposes and caused some letters they had written to some of your Lorships to be taken Secōdly he discouered an English ship that aryued there not for any zeale to this Kings seruice but in hope to get a third parte of the goods lastly accused a frenchman called Thomas Dobret to be an English man my Lord of Essex his seruāt and his spy which neuerthelesse presently vpon his escape from hence he reuoked by certayne letters that he wrote from S. Iohn de Luys aswel to one of the Iudges criminal of Madrid as to Father Creswel and me wherein he defyed and reuyled vs with very vnseemly speach blaspheming against our Religion and protesting that all he had donne as wel in Dobrets mater as otherwyes was only to get his libertie and that Dobret was no Englishman but a frenchman for ought he knew and so by his owne confession acknowledged himself to be periured as may wel be supposed seeing he had giuen his testimony before against Dobret by oth and this the English marchāts at S. Ihon de Luys who sent vs his letters open can testifie so that according to the rule of the law qui semel est maelus semper malus esse presumitur he which is once euil is alwayes presumed to be so in the same kynd it may be wel inferred that seing he made no conscience heer to calumniate and accuse others falsely therby to get his owne libertie he would make as litle scruple there to coyne some matter of Squyre and vs to curry fauour with your Lordships with the shewe of some plausible seruice to counterpeyse the offences he had committed heer against your state yf the same should chaūce to come