oppressos illi semper occurrerint non dubito quin actutuÌ„ coerceret effraenatam audaciam illorum qui inuidiae stimulis agitati de patrum existimatione charitate quicquam imminucrint The English So farre are these holy fathers estraunged from all appetite of seeking to beare rule as in euery place they prefashion vnto vs an exemplar of rare humilitie mildnesse patience pietie and charitie Certes we should be verie vngratefull if we should not honour them as our fathers embrace them with loue as friends reuerence them with dutie as liberall benefactors with studie to imitate them as maisters acknowledge them with affection of pietie as the chiefest adiutors and most earnest mainntainers of the safetie of our countrey and the good state of our Church tossed with sundrie tempests Those that diminish their praises neither know themselues nor them For who are they amongst vs that furnish Priests at their first comming from beyond the Priests that are now most defamed seas but the Fathers of the Societie The harbourlesse are receiued by them those that want apparell are fitly and neatly clothed by them those that are destitute of meate drinke and money are maintained by them and those that cannot tell where to abide because they are vnknowne haue horses and other things necessarie for their iourneys most readily of them and places also most prudently designed where they may commendably apply their labours in recouering the lapsed in strengthening Catholikes and in propagating the seruice of God Neither is their charitie contained in these bounds for we our selues who haue for many yeres born the burdeÌ„ heate of the day do freely confesse to haue had from their fountaines in our necessitie greatest succour and consolation If your Grace did knowe what summes of money the Fathers of their proper patrimonies haue consumed for it is litle that cometh to them of almes in such and other deeds of charitie and how promptly they haue alwayes shewed them selues in releeuing prisoners and others incombred and oppressed with diuerse difficulties of things and times I doubt not but you would by and by restraine the vnbridled boldnesse of those who gored with the pricks of enuie haue any whit dimmed the estimation and charitie of the Fathers Thus farre M. Blackwell in his Letter to Cardinall Caietane before he was constituted Archpriest and to which dignitie the writing of this Letter as it is generally reported was his greatest furtherance And since his promoting thereunto M. Bishop made request vnto him that for peace sake and contentment to all parties he would choose some one or moe of the Assistants that were left to him to nominate out of the number of those of the other side but he answered him and others as followeth Petitis vt aliqui ex vestris ad communionem nostrae authoritatis admissi A part of our Archpriestes Letter to M. Bishop M. Colleton and others the 17. of August 1598. saltem in numerum consultorum referri possint Caeterùm quid aliud inde consequeretur nisi monstrum ex contrarijs diuersisque atque inter se repugnantibus animorum studijs conflatum Hoc non erit pacem constituere sed quasi nubium conflictu fulmen dissentionis emittere cuius vi nos omnes conciderimus ardoreque flammae conflagaremus Ne quid tale accideret prudentissimè prouidit Ill muâ— D. Protector vt qui authores proelij faciendi cum Patribus confligendi fuerunt illi ab omni curatione rerum apud nos administratione remouerentur Non enim vuae ex spinis colligi possunt nec ex tribulis ficus That is Ye desire that some of yours admitted to the communion of our authoritie may be chosen into the number of the counsellers But what other thing would ensue thereof but a monster composed of contrarie and diuerse dispositions of minde repugning one the other This will not be to make peace but after the maner of fighting clouds to send foorth the lightning of dissention by whose force we all should be slaine and burnt with the heate of the flame That no such thing might happen our most Illustrious Lord Protector hath most prudently prouided that those who were the authors of making warre and bickeâ—ings with the Fathers should be remoued from all charge and gouernment of matters among vs. For grapes cannot be gathered of thornes nor figges of thistles Moreouer the said Cardinal Protector or to speake as the truth is father Parsons in his name vsed these words in the sixth Instruction annexed to the Subordination Licet Superior ille ex consultoribus Archipraesbyteri non sit quia tamen summoperè expedit suáque Sanctitatis id omnino cupit atque pracipit vt inter Patres Sacerdotes summa sit animorum vnio ac consensio quia dictus Superior pro sua in rebus Angliae experientia pro eaque quam apud Catholicos habet authoritate plurimum poterit ad omnes Sacerdotum consultationes adiumentâ— adferre curabit Archipraesbyter in rebus maioribus indicâ—um quoque eius consiliumque acquirere vt omnia ordinatius ac maiori luce ac pace ad diuinam gloriam dirigantur That is Although the Superiour of the Iesuites be not one of the Archpriests Assistants yet because it is verie greatly expedient and his Holinesse doth wholly desire and command that there should be nearest vnion of minds and consent betweene the Fathers and the Priests and because the said Superiour for his experience in English affaires and for the authoritie which he hath with the Catholikes can most benefit and further all the consultations of the Priests the Archpriest in greatest matters shall take care to seeke his iudgement and counsell to the end that all things may the more orderly with greater light and peace be directed to the glorie of God Now we appeale to the iudgemeÌ„t of the wise whether these things do not seeme and this was all that we said to bewray partialitie in the choise of the Archpriest and his counsellers Or whether the contention now on foote among vs and for appeasing whereof the Subordination is said to be instituted being betwixt the Iesuites and the Secular Priests were like by this choise to take an happie or a peaceable end when the Superiour appointed had before so engaged him selfe in the false praises of the one side and alike vntruly derogated from the due deserts of the other when all the Assistants must be of the Iesuits partie and none for vs whom they impugned when father Garnet our capitall aduersarie by expresse order must be called to consultation in all matters of moment and nothing passe without his aduice when his calling also to consultation must be holden for a supreme benefite and furtherance of matters and for a greater increase of order light peace and the glorie of God and yet the admitting of any of our side to the same consultation must be deemed as litle consonant to
things done to the contrarie His wordes in the latter decree these Vt omnes occasio in posterum tollatur vel minimae litis de hac praeterita controuersia commouendae quoniam ex literis nostrae institutionis datis Romae die 7. Martij 1598. potestas nobis concessa est de dubijs ac controuersis inter nos exorientibus determinandi eaeque literae à S mo D. N. die 6. Aprilis 1599. confirmatae sunt omniaque singula illis literis contenta de expresso mandato ordine cum participatione certa scientia sua facta ordinata fuisse declarante adeo vt suum plenarium effectum sortiri plenissimam roberis firmitatem obtinere debeant atque irritum mane sit quicquid secus per quoscunque commissarios aut iudices attentari scienter vel ignoranter contigerit propterea nos ex authoritrte hac nobis à S mo D. N. commissa pronuntiamus declaramus primas illas literas institutionis nostrae omnes Catholicos in Anglia verè obligasse eosque quinostrae authoritati scienter quouis modo repugnarunt verè inobedientes fuisse sedi Apostolicae in nostrum officium per eandem sedem institutum rebelles The English That al occasioÌ„ hereafter may be takeÌ„ away eueÌ„ of mouing the least strife of this controuersie past because by the Letters of our institution giuen at Rome the 7. of March 1498. authority is graunted vnto vs to determine the doubts and controuersies that rise betweene vs and these letters were confirmed by his Holinesse the sixth of Aprill 1599. and declaring all and singular the things contained in these letters to haue bene done and ordained by his expresse commaundement and order and with his participation and certaine knowledge in so much as they ought to haue their fullest effect and obtaine greatest firmenesse and that it be voide and of no validity whatsoeuer shall happen otherwise to be assaied wittingly or ignorantly by what Commissioners or Iudges soeuer Therefore we by this authority committed vnto vs by his Holinesse do pronounce and declare these first letters of our institution really to haue bound all the Catholikes in England and those who wittingly any maner of way impugned our authoritie to haue bene truly disobedient to the Sea Apostolicke and rebellious against our office instituted by the same Sea The words he vseth in the dimissorie and refutory letters are these Manifestum est quod ipsorum progressus etiam ante Breue Apostolicum in grauem condemnationem Romae duorum Ill morum Cardinalium etiam suae S t is iudicio prolapsi fuerint It is manifest that their proceedings he meaneth our delay and sending to Rome euen before the comming of the Apostolicall Breue were sharply condemned at Rome by the sentence of two most illustrious Cardinals and also by the iudgement of his Holinesse Were not our deseruings very ill if these things be true Or being vntrue was not our superiour forgetfull in reporting after this maner that is vntruly of the Cardinals vniustly of his Holinesse and most wrongfully against vs his subiects and brethren None can deny it Let vs then examine the matter and see whether the reports be true or no. And here first we protest that we cannot coniecture the reason why his Reuerence calleth maister Doctor Bishop and maister Charnocke two Embassadours by which name they are also stiled in the Appendix considering they were imprisoned before they were Fol. 22. heard and after exiled a part and confined in their exile a kind of intreaty which was neuer vsed by that Sea towards any Embassadours if towards any other person To thinke our Superiour vsed the word as a mocke placing it as he did in a publike Decree seemeth so much or infinitely to derogate from the grauity requisite as we cannot well admit the thought albeit we know not what other meaning he could haue But to let this passe and come to what is more materiall After the condeÌ„nation at Rome of the two Embâ—ssadors together with all their complices here we are verie sure that our greatest aduersaries themselues will not say that there passed any other condemnation vpon our two brethren at Rome or elsewhere saue that sentence only which the two Cardinals Caietane and Burghesio gaue in writing vnder their names and in this there is no mention made of their complices nor any word in the whole sentence that can in the least maner sound that way And to the end we be not our owne iudges but that other may see the truth as well as our selues the sentence is verbatim set downe and after translated into English R do in Christo P. Rectori vel Vicerectori Collegij Anglorum de vrbe Decretum Ill orum Cardinalium Caietani Burghesij de causa Gul. Bishopi Rob. Charnochi REuerende in Christo pater vti frater Cum audita his dâ—ebus atque examinata duorum sacerdâ—tum Anglorum causa nobis à S mo commissa Guli mmirum Bishopi Rob. Charnochi qui sanctitatis suae iussu per menses aliquot in isto Collegio detenti fuerunt visum nobis fuisset nullo modo causae Anglicanae expedire vt dicti presbyteri statim ad eas partes reuertantur vbi controuersias cum alijs sui ordinis hominibus exercuerunt idipsum modo re cum S mâ— collata eiusque desuper voluntate iterum explorata decernendum atque statuendum duximus Quâ—propter praefatis Guli Rober sacerdotibus S â—â— suae nostróque nomine ordinamus ac in virtute sanctae obedientiae sub paena suspensionis à diuinis ipso facto incurrendae alijsque censuris paenisque S mâ— D. N. iudicio iâ—fligendis strictè praecipimus vt nisi de expressa S â—â— suae aut Ill â—â— Cardinalis Protectoris licentia Angliae Scotiae vel Hiberniae regâ—a pro tempore adire non presumant sed apud alias Regiones Catholicas quibus à nobis praescriptum eis suit quietè pacificè ac religiosè viuent curentque tam literis quam nuncijs alijsque modis omnibus quibus possunt pax vnioque inter Catholicos Anglicanos tam domi quam foris conseruetur Quae si ipsi verè ac rebus ipsis praestiterint citius deinde licentia reuertendi restitui eis poterit Haec vero interim legitimè ab eis obseruari fidelitèrque executioni mandari praecipimus hoâ—que nostro nomine R tia V a eis significet Datum Romae ex adibuâ— nostris die 21. Aprilis 159â— R a V ae Vti frater H. C lis Caietanus Protector Vti frater C. Carlis Burghesius The English To the reuerend in Christ Father Rector or Vicerector of the Colledge of the English in the Citie The Decree or definitiue sentence of the most Illustrious Cardinals Caietaine and Burghesio in the cause of William Bishop and Robert Charnocke REuerend father in Christ as our brother Whereas of late by commission from his Holinesse we haue heard and examined the cause of
Christi confessores die 7. Martij anni millesimi quingentesimi 98. deputauit prout in praedictis patentibus literis quarum tenorem praesentibus ac si ad verbum insererentur pro expressa habere volumus plenius continetur Nos autem cupientes duputationem praedictam ac omnia in praefatis literis patentibus contenta tanquam de mandato ordine nostro cum participatione ac plena scientia nostris facta ordinata plenariè executioni vt par est demandari Et vt illa omnia pleniorem roboris firmitatem obtineant prouidere volentes motu proprio ex certa scientia matura deliberatione nostra deque Apostolicae potestatis plenitudine deputationem supradictam ac praenarratas Henrici Cardinalis Protectoris patentes literas desuper expeditas cum omnibus singulis in illis expressis facultatibus priuilegijs indultis iustructionibus declarationibus ac alijs quibuscunque contentis in omnibus per omnia perinde ac si omnia hic nominatim expressa specificata essent authoritate Apostolica tenore praesentium confirmanius approbamus illisque Apostolicae ac inuiolabilis firmitatis robur adijcimus omnes ac singulos defectus si qui in eisdem interuenerint supplemus eaque omnia singula de expresso mandato ordine cum participatione certa scientia nostris facta ordinata fuisse esse ac propterea valida firma efficacia existere fore ac plenissimam roboris firmitatem obtinere suumque plenarium effectum sortiri obtinere sicque ab omnibus censeri ita per quoscunque iudices ac commissarios iudicari definiri debere ac irritum inane quicquid secus super his à quoquam quauis authoritate scientèr vel ignorantèr contigerit attentari decernimus non obstantibus constitutionibus ordinationibus Apostolicis caeterisque contrarijs quibuscunque Datum Romae apud S. Petrum sub annulo piscatoris die 6. Aprilis anno 1599. Pontificatus nostri anno octauo M. Vestrius Barbianus Pope Clement the eight FOr future memorie of the thing c. Among the weightiest cares of our pastorall sollicitude that surely of conseruing and propagating the Catholike Religion possesseth the chiefest place and therefore what things soeuer are done and ordained to this end vpon our commaundement by the Cardinals of the holy Romane Church we that they may take due effect do fortify the same with the strength of a pastoricall confirmation For as much as of late our beloued sonne Henry presbyter Cardinall of the title of S. Potentiana Chamberlaine of the holy Romane Church Protector of the English nation with vs and the Sea Apostolike hath by our commandement for the happy administration and gouernance and for the mutuall loue peace and vnion of the Catholikes of the kingdomes of England and Ireland and for the conseruing and augmenting of Ecclesiastical discipline deputed by his letters patents dispatched which begin in this maner It is knowne and almost by dayly experience found true and end after this sort And I very hartily cōmend me to your prayers most louing fathers and brethren and Christ his most reuerend confessours the 7. day of March 1598. our beloued sonne George Blackwell English Priest Bacheler of Diuinitie for his pietie literature zeale of Catholicke Religion and his other vertues to be Archpriest ouer the English Catholickes with certaine faculties by him and other twelue Priests his Assistants respectiuely to be exercised as is more at large contained in the said Letters patents whose tenor we will haue reckned or expressed as if they were word by word in these presents inserted And we desiring the foresaid deputation and all things contained in the aboue mentioned Letters patents as done and ordained by our commaundement and order and with our participation and full knowledge to be put as meete is in full execution And being desirous to prouide that all these things may haue the greater firmenesse of strentgh we of our proper motion and certaine knowledge and mature deliberation and of the fulnesse of Apostolicall power do by the tenour of these presents confirme and approue with Apostolicall authoritie the aboue named and rehearsed Letters patents of Henry Cardinall Protector * Desuper expeditas sent from hence with all and singular faculties priuiledges fauors instructions declaratiōs expressed in them and other things whatsoeuer contained in and by all respects as if all things here by name were expressed distinguished and we do adde vnto them the strength of Apostolicall and inuiolable firmenesse and do supply all and singular defects if any hapned in the same and all and singular these things to haue bene and to be done and ordained by our expresse commandement and order and with our participation and certaine knowledge and therefore to be remaine of force firmenesse and of efficacie and to obtaine most ample strength and take and hold their fullest effect and so ought to be censured of all men and to be sentenced in like sort and defined by what iudges and Commissioners soeuer and we do decree to be void and of no validitie whatsoeuer otherwise in these things shal fortune to be attempted by any man of what authoritie soeuer wittingly or ignorantly notwithstanding the constitutions and ordinances Apostolicall and whatsoeuer els to the contrary Giuen at Rome at S. Peters vnder the fishers ring the sixt day of Aprill the yeare of our Lord 1599. the yeere of our Popeship 8. M. Vestrius Barbianus TO auoide all doubtfull vnderstanding of words and here first to agree of the issue that when the point is debated the difference be not found in the end to consist only in the diuerse taking of words and in no diuersitie of matter we request leaue of our Archpriest to moue this one question whether by the foresayd asseueration viz. that the Popes Breue confirmed the Cardinals Letters as validas ab initio and vtterly condemned and inualidated all things done to the contrary he meant that the sayd Breue did so confirme the Cardinals Letter Constitutiue as it had force from the beginning to bind vs vnder the crime of schisme or enormious disobedience to accept presently of the subordination without delaying our submission in the maner we did that was vntill the appearing of his Holinesse Breue or whether his meaning by the foresayd words were onely that the sayd Letter had an obligatiue force from the beginning in it selfe in that it was written by lawfull and sufficient authoritie to wit by speciall commaundement of his Holinesse but yet it had no force actually and forthwith to bind vs to receiue the subordination assigned because there wanted either some Papall instrument or other more authentike proofe then the Cardinals owne affirmation for testimony of such his Holinesse commaundement and graunt of the particular faculties enacted If our Archpriest vnderstand this latter sense in his auowance as the cause whereupon and the ende why
that the Constitutiue Letter maketh mention how his Grace in ordaining the new authoritie followed therein the will of his Holinesse we may answere that imagining as we did and vpon most pregnant grounds that father Parsons was the inditer of the letter we had little reason knowing him as we do to credit euery word therin especially the matter being so greatly preiudiciall to our selues Church and Realme and so fit a rise or step besides to his further designes Another reason also and which more induced vs not to beleeue euery word in the Cardinals Letter was the report it made of the fatherly charitie which the Iesuits exhibited towards all Priestes in our countrey and that they molested no one An affirmance so farre from truth as to doubt whether it be true or no were to doubt whether yee be cold or fire hote or whether there be a Sunne in the element For who can deny vnlesse he be resolued to deny any thing how apparant or demonstrable soeuer but that all the Cleargy and sociall dissention in our Realme proceeded from some of the fathers of the Society The dissention at Wishich from fa. Weston assuming superioritie the dissention now on foot from fa. Lister the author from fa. Garnet the approuer from fa. Iones the increaser from fa. Holtby the maintainer and from some other of the Society the abettours of our most grieuous wrongs and infamie Thus no doubt we might answer and neither idlely nor vntruly yet we will not thus answer but referre our selues to the sixth Proposition which yeeldeth another kind of reioynder and bringeth more light and helpe to our cause and innocencie For the said Proposition teacheth that the formall obiect of obedience is the knowne precept of a Superiour not the sole will vnlesse it be an imperatiue or commanding will and so notified as the subiect vnderstand it to be a commaund So that admitting we had bene bound to heleeue euery word in the Cardinals Letter as how little we were bound it will appeare anon and more in the next reason yet the Cardinall vsing but these words Nos S t is suae pijssimam prouidentissimamque voluntatem sequentes hoc ipsum statuere decreuimus We following the most godly and the most prouident will of his Holines haue decreed to appoint a subordination among the English secular Priests we could not see how this related will of his Holines did put on the nature of a precept especially after so expresse and certain a maner as that we were bound all causes how iust soeuer set aside to obey forthwith the new authoritie not respite our absolute submission therunto no not so long as til we could seÌ„d to his Holines for more direct assured knowledge in the matter Beside the reasons were neither few nor vulgar but many and very materiall which droue vs to thinke that if his Holinesse had possessed such a determination as at vnawares without any one of our assents or priuitie to appoint vs a superiour and with so large soueraigntie ouer vs yet that he would neuer haue vsed so little fauour towards vs who liue in the midst of so many miseries and dayly spend our liues for the truth and primacie of that Chaire as to enact the authoritie in so powerable a manner that euen at the first appearing thereof and by the bare Letter of one Cardinall only it should be the crime either of notorious disobedience or schisme an impossibilitie euen not to prostrate our selues and surrender our full and absolute obedience thereunto without either making question how it câ—me or so much as to send to his Holinesse for vnderstanding whether it was his ordinance or no. First the milde and sweete disposition of his Holinesse nature forbad vs so to thinke then the quality of our pressures the ancient Canons Distinct 63. Ca. Si â—n plebibus of the holy Church allowing Priests the election of their Archpriest the deserts of our poore estate seruing God in the degree of Priesthood without either enioying or expectance of Church liuing yea and which did most of all deforce vs from entertaining so hard a thought of his Holinesse loue and pastorall regard towards vs his afflictiue labourers was the most respectiue and honourable speeches which himselfe vsed to some of our brethren namely that he would not appoint any order of gouernemeÌ„t in our country before the good A ground of surreption Priests in England so gracious were his Holinesse words should aduertise him what kind of gouernement were fittest best sorted with the miseries of our Church That his Holinesse vsed these speeches there be two Priests or moe in England that will depose it and father Parsons himselfe hauing more then once reported so much cannot without doing wrong to his religious profession denie or vnsay the same So that the question rested whether of these two we should sooner and were more bound ☜ to beleeue the Popes owne word or the Cardinals Letter Either the Popes word related vnto vs by seuerall of our brethren of good report and the immediate hearers thereof or the Cardinals Letter penned as we no whit doubted by our boldest aduersarie containing apparant vntruthes as before is shewed and will hereafter more appeare And now the matter of our choise to whom we should giue more credite being of this quality whether sooner to beleeue the Popes owne word or the Cardinals Letter was it possible that father Lister or any other of lesse holy profession and of meaner parts could embolden their pens and tongues to by-name vs so prodigally as he and some of his complicers haue done Or could it be thought credible that our superiour who by his place and order of charity is the more inuited to loue vs and bound by iustice wherein he may to defend vs would intreate his children our trespasse no greater in so vnkind and hard a manner as he hath done and continueth Let others who can aunswere We will returne and proceede in our proues Senior Acrisio of the Popes Fiscals and who had commission to examine maister Bishop and maister Charnocke in their imprisonment at Rome hath giuen very good testimony with like circumstances as not lightly any euidence may deserue more beliefe For this officer hauing by himselfe and father Parsons taken the examination of the two prisoners and demanded of like as many questions of them as were thought necessary he told them that now he was to make relation of all things to his Holinesse and therefore counselled them to commend the cause to God by prayer adding that it were not amisse also if they would enioyne to themselues three dayes fast that weeke for better prospering of the affaire A spirituall taske which the prisoners gladly vndertooke and performed in the time prescribed The next weeke Senior Acrisio came to the prisoners and among other matters very confidently affirmed to them both apart that the new superiority was not instituted by his
delegation or commission by word of mouth we could not be bound to obey master Blackwell or the twelue Assistants taking their whole authority from the Cardinall Nemo in alium potest Glos in c. Si. cui de elect li. 6 plus iuris transferre quà m ipse habet No man can transferre more right to another then himselfe possesseth And therefore being not bound as is proued before to obey the Cardinall in constituting the subordination by reason his Grace had not first shewed or proued his commission we rested lesse bound to obey maister Blackwell the twelue Assistants because what was defectiue in his Grace the principall or of no sufficient power to bind must needes by all necessary sēquell be as much if not more defectiue and of lesse force to bind in the secondaries or his Graces subdelegates Or if now our reprouers shall say that although our detracting to subiect our selues to the Cardinals order were neither the crime they first tooke it to be nor enormious disobedience yet the same could not but make vs guilty of some other great offence Of what by name Surely of the like offence by coherence the argument being brought à simili of likenesse betweene matters as those should commit who should refuse to beleeue vs to be Priests vpon our word and would not but vpon surer proofe vse vs in that function Now then what kind of offence might this be To heare Masse is by the straight condition of our lawes the forfeiture of an hundreth markes to helpe a Priest at Masse or to be confessed of him is made an act of felony to relieue abet harbour or maintaine him no lesse What fault then not to beleeue such or such an one to be a Priest or not to partake with him in Priestly functions except he know him to be a Priest by other prooues then vpon the bare reckord of his owne word Verily the faulte is so little as none of iudgement will take it but for an act of prudence and the contrary for a faile of due consideration if not for a fact of too much aduenturousnesse or temeritie And our cōscience here prompteth that our fault-finders as full of exceptions as they are against vs ne haue ne will entertaine any one as Priest and lesse subiect themselues in confession vnto him of whom they shall haue no further surety what he is a spie or an honest man then the parties bare affirmation of himselfe But we wot how our contradictors wil reply at last when all other pretences be taken from them to weete that our distrust and prolonging to obey the Cardinals order was an iniurie to his Grace and could not but derogate from the honour of his high estate This is the most that we thinke can be obiected and to this we answer First that it is a receiued proposition in the ciuill and common law and reason conuinceth that Non facit alicui iniuriam qui vtitur iure suo Ca. cum ecclesia de electione l. iniuriarū § 1. ff de iniurijs He doth iniurie to no one that vseth his owne right We therefore vsing no more then our owne right in the aboue mentioned delay and that kind of right too which the Canons of holy Church the vniforme consent of all writers and the generall practise ouer all Christendome doth absolutely affoord and assure vnto vs can neuer acknowledge that our precedent demeanour was or could be possibly any iniurie to his grace For can contraries be both true or one and the selfe action be iust and vniust right to one and iniurious to another Siluester declaring the Etymologie or interpretation of the word Iniuria writeth Iniuria est quasi non iure Iniurie taketh her Verb iniuria ante §. Aristoteles 5. Ethn. ca. 1. name of a defect of right And the Philosopher opposeth iniurie as a contrary to law or right So that what is done lawfully or by good right according to law cannot without the abuse of the terme be counted an iniurie Againe the not yeelding of that to any man of what high degree soeuer which the law of holy Church doth prohibite or not graunt it should be yeelded vnto him is neither iniurie nor the diminishing of reputation And that our demurre to admit the new authority was of this quality it is plaine by the authorities that haue bene alleaged and will yet appeare more euident hereafter Saint Augustine writeth and his words be registred in the Decrees Lib. 19. contra Faustum ca. 25. 14. q. 1. quod debetur Peccat qui exigit vltra debitum He sinneth who exacteth beyond his due Which without peraduenture holdeth as well in points of soueraignty and command as in matters of worldly substance if not more in respect that the abridgemēt of freedome is more irksome to man then any meane losse of the goods he enioyeth And therefore whatsoeuer our hard friends be pleased to deliuer abroad of his Graces intention yet we cannot thinke that he intended to exact that beliefe in vs and obedience to the contents of his Letter Constitutiue as vppon the sole view thereof his honours iurisdiction being a delegatine power we should incontinent captiuate our vnderstanding and bowe downe our neckes to the yoake without asking for other proofe of the delegation and the tenour thereof then the credence of his owne word alone Or if his Lordship had this meaning as we shall not beleeue he had to exact so vndue a tribute at our hands yet that being more then our debt and repugnant to the order in Gods Church how could our prolonging or not taking his Graces word for full and sufficient warrantise of what he sayd be either sinne in vs or an iniurie to his honour when the learned writ and the doctrine is receiued of all men Quamui◠aliàs iniuria fiat ei cuius dicto credi deberet si ab eo exigeretur Gloss in institut Lancelot li. 1. de confirmatione electionis tit 9. §. patet vreb literas scriptura secus tamen esset in casibus requirentibus à iure scripturam Although it should be otherwise an iniurie to exact of him the sight of his commission whom it is meete to beleeue vpon his word neuerthelesse it is not so in these cases in which by the assignement of the law a letter or written testimony is required And that the law not onely licenseth but appointeth the proofe of a delegation to be made by shewing the Delegators letters the authorities before quoted do verie amply demonstrate as also that commission giuen by word of mouth in matter of preiudice ought and must be attestated otherwise then by the selfe and sole auowance of the commissioner and likewise that beliefe in cases of * Bart. in l. palatinos cod de collation fisc l. 10. Iason consil 72. nu 3. cōsil 104. Alciet in ca. cum contingat nu 35. de iurciur Cōradus li. 2. ca. 2. de Cardinalibus
can learne of There be other obiections which our aduersaries make as that none but a few women adhere in opinion vnto vs * Father Holtby in his discourse of the last of lune that we cannot pretend ignorance nor except against the sufficientnesse of the promulgation and such like not worth the answering Neuerthelesse concerning the first we hope the sentence of the vniuersitie of Paris giuen in our behalfe will not admit it to be true if so there were no other at all that did participate in the opinion with vs as perhaps if voyces were cast there would be found as many for vs as against vs. And concerning the iudgement of Priestes who should best know what they did we are right sure that we haue 6. for one if not ten or rather sixteen that conspire in opinion with vs for one that dissenteth And as for the two latter and such like we vtterly disclaime the patronage standing more assured of the strength and iustnesse of our cause then to flie to such pretexts for succour And here to conclude our third Reason we comfort our selues in the grounds precedent that howsoeuer the large potencie and aliance of our aduersaries may happen to ouersway yet that the day of iudgement if not the seate Apostolicke before will declare vs guiltlesse of the crimes obiected and that the measure which hath bene met vnto vs was and is most oppressing iniurious violent and spiritually hurtfull to manie The fourth Reason THE fourth Reason of our standing off was that admitting there had no surreption appeared in the Constiutiue Letter nor obreption but that all things had passed by true and full information and with perfect knowledge of his Holinesse as the day of iudgement will declare for vs that at the time of our delay we did morally assure our selues in both to the contrarie and that not onely his Holines commanded the institutioÌ„ of the Archpresbytership with the faculties and instructions annexed but that he himself was indeed the immediate and sole institutor thereof and that also the Cardinall had certified this much vnto vs in plaine termes and that finally the preiudices which accompanie the authoritie did neither licence vs to suspend our beleefe nor could any way hold vs excused for not beleeuing his Grace on his word as how little true all these things were the reasons aforegoing haue we trust sufficiently shewed yet we thought our selues secure in conscience free from touch of the least disobedience if his Holinesse promoting M. Blackwel to so large and much more in some respects then episcopall authoritie we refused to receiue him to the dignitie and ministration of the office before such time as he did shew vs the Popes letters for testimonie of his promotion This we tooke to be lawfull and the reason why we tooke it to be so was the a De electione ca. 1. extrauagant Iniunctae of Pope Bonifacius the 8. where these words are read Praesenti itaque perpetuò valitura constitutione sancimus vt Episcopi alij Praelati superiores quocunque nomine censeantur qui apud sedeÌ„ ApostolicaÌ„ promouentur aut confirmationis munus recipiunt ad commissas eis Ecclesias absque dictae sedis literis huiusmodi eorum promotionem seu confirmationem continentibus accedere non praesumant nullique eos absque dictarum literarum ostensione recipiant aut eis pariant vel inteÌ„dant Quicunque verò ipsos absque huiusmodi dictae sedis literis recipientes vel obedientes eisdem tam diu sint à beneficiorum suoruÌ„ perceptione suspensi donec super hoc eiusdem sedis gratiam meruerint meruerint obtinere We by this present constitution saith Pope Boniface continuing for euer do decree that Bishops and other superiour Prelates by what name soeuer they are intitled who are promoted by the Sea Apostolike or receiue the benefite of confirmation do not presume to take the charge of those churches committed vnto them without the letters of the same Sea containing such their promotion or confirmation and that none without shewing the foresaid letters receiue obey or reuerence them for such And whosoeuer shal receiue or obey them without the testimony of such letters from the said Sea remain so long suspended from receiuing the fruites of their benefices vntill they shall deserue to obtaine the relaxation of the said censure from the Sea Apostolicke That M. Blackwell was constituted a superiour Prelate and consequently in this point comprised vnder the words of the Extrauagant it appeared in that himselfe had no Ecclesiasticall superiour in the whole Realme but was as Metropolitane and all the secular Priests of our nation residing in England or Scotland appointed his subiects A prelate of higher superioritie in this kind then euer England had were Cardinall Wolsey the counter-partie of the comparison And that he was also contained vnder the other part of the Extrauagant to wit the Church or Churches committed vnto him seemed most plain hauing our whole Catholicke Church both the Secular Cleargie and Laitie committed to his charge as his Holinesse two Breues do testifie To One of the 6. of Apill 1599. the other of the 17. of August 1601. auoid that is said and exempt M. Blackwell from being comprehended vnder this latter part of the Extrauagant vpon pretext that there are no Ecclesiasticall reuenues an euasion of his owne belonging to the Church or Catholike multitude whereof he is appointed Superior is not onely to make the good Pope and prudent Gouernour of Gods Church to regard temporalities more then he did order and reformation in Gods house but most oppositely to contradict the Proeme of the same Extrauagant where the holy Pope dilateth of the great perill and spirituall preiudice which followeth vpon the admitting of Prelates to the dignity and office they claime and would assume to themselues before they haue made lawfull proofe of such their promotion and orderly calling to place of gouernement For remouing of which inconuenience the Pope ordained that no Bishop or superiour Prelate promoted by the Sea Apostolike should b â—auar in c. accepâ—â— de restitu spâ—liâ—t of posit 8. â—u 39. be receiued to the dignitie and prelature bestowed vpon him before he shew the Letters of the same Sea for testimonie of such his Ecclesiasticall preferment Moreouer if our aduersaries shall denie M. Blackwell to be any like superiour Prelate as is vnderstood in the Extrauagant we answer that granting it to be true which they say although for the Reasons aforegoing the same may seem somewhat in congruent neuerthelesse other Popes who haue sithence succeeded haue in such cases extended the same prohibition and penalties to inferiour Prelates as writeth c Par. 1. Instit mor. li. 5 ca. 2. quaeritur 5. Adzore and citeth for instance the constitutions of d Constitut quae inâ—ipit Cuâ— nobis Paulus tertius and e Const quae incipit Sanctissimis Iulius tertius And certes we are of opinion that there
meo superiore Archipresbyterum eidemque me subijcâ—re quem alij dicunt iussu suae S t is alij vero narrant eius iniussu per solum Ill â—â— Cardinalem Protectorem super vniuersum Clerum Anglicanum constitutum esse Superiorem Dico cum ex huius authoritatis occasione cius prima promulgatione grauissima scandala contentiones in Ecclesia Anglicana oborta sint inde adhuc magis quotidiè eadem ingrauescant asseraturque à multis praesbyteris hanc potestatem non ex iussu vel mandato S â—i D. N. institutam sed ad quorundam priuatorum instantiam absque aut omnium aut plurimorum certè sacerdotum consensu vel notitia esse surreptam interea dum communibus eiusdem Cleri suffragijs votis ageretur de quibusdam mittendis Romam qui à sua S â—â— Episcopos peterent vel suffraganeos in varijs regni prouincijs constitui nobis praefici pro maximis Ecclesiae Anglicanae necessitatibus subleuandis cuÌ„ denique praesbyteri aliqui iam RomaÌ„ profecti sint qui S â—â— D. N. de omnibus reddant certiorem atque ad nos referant quid in quaque re sua S tâ—â— statuere velit ac iubeat obseruari num videlicet Episcopos nobis praesiciendos vel Archipraesbyterum decernat dico inquam me nihil ad quaesitum iam posse respondere donec plenius constiterit quid sua S tas in hac controuersia decernere statuere velit Sed cum primum S â—i D. N. sententia decretum nobis innotuerit eidem libentissimè promptissimo animo in omnibus me pariturum profiteor Interea autem dum haec sciantur Archipraesbytero quem narrant nobis superiorem iam esse constitutum in nulla re contradicam aut â—ius authoritati qualis qualis fuerit refragabor vt Christiana pax charitas integra inter nos illaesa in omnibus permaneant Ita ego Ioannes Musheus Praesbyter mea manu The English The yeare of our Lord 1599. the 8. of March I Am demaunded whether I will accept the Archpriest for my Superiour and submit my selfe vnto him whom some affirme to haue bene appointed Superiour ouer all the English Cleargie by commandement of his Holines some others say without his commandement by the most illustrious Cardinall Protector onely I say that whereas by occasion of this authority and by the first promulgation thereof many grieuous scandals and contentions haue growne in the English Church and more do grow dayly vpon that occasion and wheras it is affirmed by many Priests that this authority was not instituted by the commandement or mandate of his Holines but procured by surreption at the instance of some particular men without the consent or notice either of all or the most part of Priests in the meane while sith there is order taken by common suffrage and request of the same Cleargie of sending certaine to Rome to the end to craue of his Holinesse the constitution either of Bishops or suffragans in sundrie Prouinces of the kingdome and to appoint them our gouernours for releeuing the great necessities of the English Church and lastly whereas certaine Priests are alreadie gone to Rome to certifie his Holinesse of all these affaires and to aduertise what his Holinesse shall in euery thing determine and commaund to be obserued to wit whether he will ordaine Bishops or an Archpriest ouer vs I do therefore say that I can make no answer to this demaund till such time as it shall more fully appeare what his Holinesse will decree and establish touching this controuersie But so soone as euer the sentence and decree of his Holinesse shal be made knowne vnto vs I protest I will be readie most promptly and willingly to obey the same in all things In the meane till the things be knowne I will in nothing contradict the Archpriest whom they report to be constituted Superiour ouer vs neither resist his authoritie of what nature soeuer it be to the end that Christian peace and charitie may remaine sound and vnblemished in all respects among vs. This much I Iohn Mush Priest do attest vnder mine owne hand Verie reuerend Sir ALthough some be pleased to passe their hard censures of me yet by the record of my owne conscience I both feare and am loath to offend and do no way affect ignorance I requested you once heretofore and now againe with all imstance and like humilitie do redouble the petition that I may receiue from you perfit notice of all such particulars wherein your authoritie bindeth me to obey Suffer not good sir an vnwilling mind to erre I hope I aske no other thing then what of right to me belongeth nor after an vndue manner Verily if I see my selfe I dare affirme my wil and care for such as I would not for ought aduisedly disobey in any commaund whereto the most of your authority stretcheth or may iustly be extended In other points wherin my vnderstanding holds me not tied I must confesse that the maner of vsage I haue receiued from you and the hard conceits which you cary of me diuulged and brought by many waies to my hearing haue made me much lesse respectiue and of more vnfriendly demeanour then otherwise I should haue bene or by nature am inclined to Fare you well 11. of August 1598. By him who desireth to see and amend that is or hath bene amisse I. Colleton These shew how daungerous the diuision was which we made among Catholickes in the sight of the common enemie and in time of persecution as you describe amplifie the matter Neither was the diuision greater betweene vs nor otherwise knowne but by their own publishing til such time as father Laster diuulged his discourse and our Archpriest decided our disobedience to be alike enormious as we could not defend the same without mortall sinne And now also after the increase of so many wrongs what haue we done Mary we made sute to dispute the case with the fathers of the Societie and refused to graunt our selues to be so desperately fallen from grace and the vnitie of Gods Church as they would needes make the world and our selues beleeue that we were Againe being denied this we sent to the vniuersitie of Paris for their censure in the difference Further being debarred also vnder heauiest penalty to maintain euen indirectly the sentence which the vniuersitie gaue for vs we appealed hauing no other refuge to his Holinesse for redresse of the oppressions And here loe was the beginning progresse and qualitie of the diuision Now we must demand of you father Parsons that knowes thus perfectly how to aggrauate the matters you take against whether our delay and sending to Rome and our promise to obey M. Blackwell in the meane were like to make so dangerous a diuision c. as was the treatise of father Lyster specially approued and praised in the rate it was and highly commended by your selfe Sure if our disunion in
that are qualited therewith Do they only affect you so farre as in vertue they ought that haue but one yea and one nay with you and can dislike nought and will approue all whatsoeuer you say or do or go about Or may they be said to affect you so farre as in vertue they ought who carrie a reuerent respect towards your Societie and towards your persons also yet not so affectionatlie but will see and can dislike that is amisse in your actions and be further willing to put their most helpe to the redresse No doubt if this measure be of the size that contenteth there are as many or more fit left vnchosen as chosen vpon suspect and ielousie only that they affected you not so farre as in vertue they ought I haue little feare but that Maister Blackwell well cleared himselfe of all suspition that way and affected you so farre as in vertue he ought when in your behoofe and not without preiudice to the schollers he wrote a Letter to Rome witnessing vnder his hand that there was no dislike or difference betweene the fathers of the Societie and the Priests in England albeit your selfe with shew of griefe voluntarily acknowledged the contrary vnto me not long before yea complained thereof and expostulated the causes He also affected you so farre as in vertue he ought when for making vp the fuller measure of your purgation letted not as the report goeth to touch three Priests at once with disgrace by writing vnder their testimonies and censure which they gaue concerning the particulars of the memoriall Hij tres patres non bene informantur c. as if the three good Priests had bin altogether strangers to the State and truth of matters or carried so loose consciences as in so waightie an affaire would affirme they knew not what and to testifie vnder their hands what themselues were ignorant of Likewise that partie affected you so farre as in vertue he ought who writing somewhat as it was thought with the largest in your and your brethrens behalfe and being demaunded by a familiar friend of his how he could verifie the words answered he could do it by the figure hyperbole If such dealing and excesse of truth be the meane of farming your good conceipts I would be loath to become tenant if I might haue as this good man had an assistantship for vantage Others who spake and wrote their conscience and deliuered no more then what their knowledge iudgement and integritie led them vnto and that also vpon charitable considerations and to good purpose were notwithstanding deemed thereby not to affect you so farre as in vertue they ought and thereupon by the decree of your owne order reputed not worthie of gouernment The particular is knowne and after an vndenyable manner as from his mouth who carieth greatest regard with you By all that I haue said I would say that this your strange caueat or canon and correspondent proceedings as well in appointing of our Superior as in the choise of the assistants and in the deuising of the instructions and forme of gouernment shew apparantlie enough how little you seeke to haue the ordering and swaying of all things You affirme that in very deede you would not haue any reprehended because they are opposite against you but because they acknowledge not their lawfull Superior I praye sir how do these words comport with that you said before where you will haue the want of affection towards you a barre against election Will you make men vneligible without a fault or without such a fault as is worthie of reprehension or will you haue such faults as make men vneligible to be soothed in them and not reprehended One of these must needes follow by the sequele of your order and either concludes more then my selfe sees reason to maintaine But let this be as it may be assuredly all men are not perswaded and some do feele and will sweare that not only the reprehending of your oppositors but the punishing of them also and with extreame rigour enough setteth but as a gentle corrasiue to your hearts howsoeuer you grieue now and would haue that none be reprehended for being opposite against the Societie You giue vs to know and seeme to take a liking therein that you will by Gods grace procure alwayes and to your vttermost that whosoeuer is opposite against the reuerend Archpresbyter must of force be consequentlie opposite against you your brethren Howsoeuer you please your self in the needlesse vttering of these voluntarie speeches my dulnes cannot conceiue how this spirit agreeth with that of Saint Paule factus sum infirmus infirmis vt infirmos lucrifacerem by compassion of the infirmities of all sorts I became weake to the weake that I might gaine the weake If it be a fault to oppose our selues in the manner we do against the new authoritie challenged as we acquiet our conscience to the contrarie and thinke our selues well able by sound and good arguments to vphold the lawfulnes thereof against whome soeuer in our countrie yet your Societie being no partie nor bound to intermedle more indifferencie and lesse taking against vs had beene in my poore opinion as charitable and more wisdome For by making your selues a partie without cause and so professed and forward a partie what could you get but aduersaries and haue debarred your selues from being mediators in the difference si fieri potest quod ex vobis est cum omnibus hominibus pacem habentes if it may be as much as in you hauing peace with all men That you say you will gloriari in Domino if any be thought opposit to your Societie who are opposite to our reuerēd Archpresbyter I say no more but hope that notwithstanding your gloriari in Domino your glorie in our Lord yet our Lord wil not be in this gloria vestra nec exaltās caput vestrum your glorie nor the lifter vp of your head You auouch that the new authoritie is the only meanes to ioyne vs all together in perfit loue and vnion and that there is now no hinderance at all of vnitie but the not admitting and refusing of the same Sir I can easily belieue you in this for God forbid I should liue the while to account you or any of you so ouerloaden with frailties or surcharged with ill nature that hauing your desire will refuse to contract loue and vnion with those that graunted it vnto you and further surrender themselues to your disposing That which followeth in the same paragraffe maketh me somewhat to muse by whose authoritie or example you applie the words of Saint Paule non tenens caput not holding the head to the Archpresbyter For if the holie Fathers of Christes Church and the Popes themselues other then in a generall terme euer abstained for reuerence to the Apostles from vsing their kind of blessing and salutation gratia pax à Deo Patre Domino nostro Iesu Christo grace and peace frō