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A19147 A iust defence of the slandered priestes VVherein the reasons of their bearing off to receiue Maister Blackwell to their superiour before the arriuall of his holines breue, are layed downe, and the imputation of disobedience, ambition, contention, scandall, &c. is by able arguments and authorities remoued, the obiection of the aduerse part sufficiently answered, and the Popes sentence in the controuersie truly related. By Iohn Colleton. Colleton, John, 1548-1635. 1602 (1602) STC 5557; ESTC S116469 291,516 340

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enlarged by a In constitutione quae incipit cum à nobis Paulus the third b In const quae incipit Romani Pontificis Iulius the second and c In const quae incip sanctissimus Iulius the third inuolue or concerne the promotion and office of Maister Blackwell as how little true all these things are the former reasons haue sufficiently declared yea we tooke the hard conceite and indignation which our Prince and the State carry against Father Parsons whom they reputed to be the chiefe deuiser of the subordination and to haue the whole ruling thereof as a iust excuse of not admitting the authoritie especially at the first appearance thereof vpon the bare sight of the Cardinals letter directed also to no more then one And the grounds why we tooke this to be a reasonable cause of iustifying our bearing off were these that follow First because the Magistrates haue in their hands and de facto haue shewed to some prisoners at the time of their examinations for proofe and to exaggerate the disloyalties and treasons obiected one or mo letters which they affirme to be father Parsons wherein his concurrance and furtherance to an inuasion were expressed then the mans restlesse tampering in State matters being reported to haue profered and reprofered the Crowne of our Countrie to seuerall Princes now to one now to another as the meeting of matters and oportunities could most recommend and credit his words and entertaine the personage with hope thereof thirdly the incessant solicitation which the Magistrate protesteth that he hath vsed with forraine Potentates and the attempts which as the same Magistrate affirmeth haue thereon ensued for a conquest of our countrie So as the Magistrate vnderstanding as common fame could not but bring it to his hearing that the subordination was the worke of father Parsons our feare was least the politick State would deeme vs coadiutors and creatures combined with him if we had admitted the Subordination vpon no greater compulsion then the Protectors letter and consequently that we were persons who did deserue to be abandoned and to haue the extremitie of the lawes prosecuted against vs. Could we therefore in common reason do lesse matters standing in these termes then deferre our acceptance of the authoritie vntill his Holines had commaunded vs by Bull Breue or other papall instrument or verball message to subiect our selues thereunto that so the State might see our receiuing of the Subordination not to be for any liking we caried towards father Parsons proceedings but for obedience only towards the Sea Apostolick and in a matter wherein the obseruances of our religion bound vs and the same not iustlie preiudiciall to the temporall state Verily we tooke this for so reasonable and iust a cause as we could not but stand thereupon vnlesse we would in our owne vnderstanding haue shewed our selues cruell to our owne innocencie of ill deserts towards the Magistrate in not remouing his wrong suspition of vs when and how we might ingratefull to our benefactors vnmindfull of our owne liues betrayers of the cause we professe enemies to the professors thereof and iniurious to the honor of Priesthood for that all these her Maiestie and the State not reading in our actions that we were true dislikers of all and singular his disloyall practises and platformes were like to receiue increase of affliction blemish by our admittance of the iurisdiction before such time as his Holines had confirmed the same thereby through the vertue of his supreme authoritie freed both it and vs from hauing part in father Parsons intentions so farre as they were any whit disloyall Neither is father Parsons holden onely of our Magistrate for a Statist or marchandizer of the Crowne and Diademe though this were enough to estrange deforce vs from hauing any connexion or partaking in ought with him but his trauels and negotiations this way are become so notoriouslie knowne that euen Pasquine in Rome as intelligence is sent vs speaketh in this manner of him If there be any man that will buy the Kingdome of England Let him repaire to a Marchant in a blacke square Cappe in the Citie and he shall haue a very good penny-worth thereof Touching the proper nature of our delaie vpon the foresaid cause we thinke that the same will not onely appeare iust and reasonable before any Tribunall vpon earth to our full excuse but that it will be found of that qualitie in the day of iudgement when * Psal 5. Sophon 1. Iustice will be iudged and Ierusalem searched with a candle For what humaine cause can be thought iust or reasonable if not the precedent branching into so many seuerall and weightie consequences as the premisses deliuer and reason maketh manifest if circumstances of time place and persons the direction of a wise mans aime be vprightlie considered And if the cause were either in truth or in semblance iust we meane either iust in it selfe or so taken in good faith by vs then our prolonging to subiect our selues supposing the Cardinals letter had bin a binding precept vnto vs was either no sinne at all or not greater then a veniall No sinne if the cause were reallie iust as witnesseth a Ca. si quando de rescript Pope Alexander the third b 12. q. 96. art 6. 22. q. 147. art 3. ad 2. in 4. dist 15. q. 3. art 4. ad 4. quaest ad 3. Saint Thomas c In dist 76. ca. vtinam Archidiaconus d In ca. ●am quae de rescript nu 4. in rubr de obseruat i●iu nu 11. Panormitane e Verb. lex nu 8. Siluester f In ●an ca. 23. nu 43. Nauar g P. 1. li. 2. ca. 36. nu 16. Graffius and others Or not greater then a veniall if the cause were but putatiuely iust as writeth h 2 P. tit 6. ca. 2. ante § 1. Saint Antonie i In 22. q. 147 art 3 in summa verb. pr●ceptum Cai●tane k In 4. dist 15 q. 4. Paludamus l Verb. ieiunium nu 21. Siluester m Vbi supra Nauar n T. 3. disp 9. q. 2. punct 5. Gregorius de Valentia and others Neither is this doctrine only true in the commaundements of inferiour prelates but holdeth likewise true in the precepts of Cardinals or of Popes them selues as both the text of the lawe and the best writers do testifie o Ca. si quādo de rescript Si aliqua tuae fraternitati dirigimus quae animum tuum exasperare videntur turbari non debes c. Qualitatem ne●otij pro quo tibi scribitur diligenter considerans aut mand●tum nostrum reuerenter adimpleas aut per literas tuas quare adimplere non possi● rationabilem causam praetendas If we inioyne you any thing sayth Pope Alexander to the Archbishop of Rauenna that may seeme to stirre your mind you ought not to be troubled therewith but
Right excellent also to this purpose are the wordes of y Serm. 1. de dedicat Eccle. Damianus Decretales paginae sanctorum patrum instituta decernunt non esse differendam post Baptismum sacramenti huius virtutem ne nos inermes inueniat fraudulentus ille contortor à quo nemo vnquàm nocendi inducias extorsit Delibuti igitur vtri●squè roris vnguento illo sanati confortati esto securiùs descendamus ad singulare certamen The decretall pages the institutes of holy fathers haue decreed that after Baptisme the vertue of this Sacrament is not to be deferred least that guilefull racker of our soules Sathan find vs vnarmed from whom no man euer hath wrested the league of truce that he should not hurt him Being therefore annointed with the sweet oyle of both deawes Baptisme and Confirmation in that healed in this strengthned we may the more securely cope or descend to handy gripes with our ghostly enemie To conclude z Hist Eccle. lib. 6. ca. 35. ex Epi. Cornelij Pont. ad Fabiū Eusebius attributeth such exceeding force and working efficacie to this Sacrament as he doubted not to say that Nouatus who after became an Ach-heretike could not merit the grace and assistance of the holy Ghost in reason of his wretchlesnesse and lacke of deuotion in that being baptized in a daungerous fit of sickenesse he was not likewise at that time signed and fortified with the sacrament of confirmation § And thus much of the importance of our intentiō first truth which as we verily thought was kept secret from the vnderstanding of his Holinesse wishing euery one maturely to consider of that litle which is said and what Diuines do further adde in this point for exciting all Christians not onely most heartily to affect but most studiously also to get timely ministred to themselues Another truth secreted was the great contention and scandalous The second truth secreted debate raigning betweene the Iesuits and some of the secular Priests by reason of an affected superioritie which the Iesuits after the decease of good Cardinall Allen laboured to place in father Weston ouer his f●llow prisoners in Wisbish by much his elders as in yeares so in sufferance also for the Catholicke cause And it was not thought that this maner of seeking to beare rule would take vp so or consine it self in that castle The humour was deemed to be more actiue and that it would soone enlarge in selfe to the Priests abroad Neither was this opinion conceiued without cause in respect of the question that master Warpoole now a knowne Iesuit and Father Minister at Valodelide proposed to a student in Rome demaunding of him what he would say when no Priest should find harbour or welcome any where in England vnlesse he came recommended by some of the Iesuits And after the secret Iesuit for so he was at the time when he vsed th●se speeches had continued a long discourse in shewing the ample and manifold conueniences that would ensue vpō so good an order he would needs without deniall haue the student at the end of his tale to declare also his conceit in the matter and when by earnest importunitie he had wonne him therunto and the student had shewed plainly his auersion from liking any such practise or soueraigntie ouer the Priestes the Iesuit incontinent bewraied no litle discontentment Againe that which yet brought more euidence to the matter was a Treatise which a speciall fauourite of the Iesuites compyled and which was giuen abroade to others to reade wherein it was discoursed that none were sit to haue the guiding of soules nay speciall heede to be taken that none such be chosen to be guides who were not addicted to Religion or had not that way relation or dependance Which iniurious and disgracefull assertion being excepted against by one or moe of the auncientest Priests in our Realme was notwithstanding so little reuersed or disliked as more stiffely then before maintained both by the Author of the Treatise and by the chiefe of the society with some other of the same company Now then these and moe like particulars which if neede require will be easily produced yeelding sufficient coniecture if not remonstrance of the heartie desire the Iesuits had to haue the secular Priests vnder their direction we thought meete the sooner also for auoiding the bad and ignominious reports which were spread abroade euery where of vs for not stouping to the foresaid subiection as that we were forsooth men who would not liue vnder discipline or could away with obedience being as it were giuen ouer to follow the sway of our owne fancies and vnwilling to haue either other rule or Superior to direct vs then our owne wil or what the loue of liberty should prescribe we say to auoide this fowlest obloquy and to the end the occasion of variance betweene them and vs might be taken away in the roote we desired the ordinarie gouernement by Bishops Which intention and petition of ours if it had bene made knowne to his Holines together with the ground mouing vs therunto and the causes of the dissention as they were not hid from the procurers of the authority we most certainly assured our selues that either his Holines would not haue appointed this kind of gouernment to which the Iesuits are no way subordinate or not haue placed it in such a like fauourite of theirs as themselues only had purposely culled out to serue their turns § Or could we win our thoughts that his Holines knowing how all things stood with vs would neuerthelesse haue erected this kind of superiority and haue appointed Master Blackwell for the Superior yet the whole world cannot make vs to beleeue or once to doubt that his Holines pious prudēt disposition his high commended vigilancie zeale of iustice would if his blessed Fatherhood had bene truly and fully informed of our case haue euer annexed such a tie and instruction to the authoritie as that our Arch-priest should consult and take aduice in all matters of moment with the Prouinciall of the Iesuites whereas father Garnet who then had and now hath the roome was And let our aduersaries answer this the chiefe of the one side in the difference so that herby he is become borh partie and counsellour plaintiffe and iudge assistant defendant and in Commission for arbitrating his owne case and the causes of his fellow brethren of the same societie vnder his guiding An exorbitant most contrarie to the lawes of all Nations and opposite to the nature of iustice euen by the light of nature But to leaue to stay longer about the truths which we tooke to be The first falsitie expressed concealed as a matter wherein ignorance or forgetfulnesse may plead the informers excuse and to come to the falsities wherein not ignorance or forgetfulnesse can haue place as in the former but mis-affection or fraud or a worse godfather must name the child § The
promoted thereunto of their owne chusing also the forme of the subordination creating themselues in truth and vnderhand the appointers of the Archpriest the designers of the Assistants the makers of our lawes the dispensers the disposers the directors the commaunders and our great masters in all things Their stomackes were too great not to haue the subordination to go forward howsoeuer father Parsons his soule lay at pawne in the Interim as wel for his vsage towards our two brethren as also for abusing therein of the Sea Apostolicke Neither among so many strange wonders could we maruell at any thing more then what the cause or drift might be why father Parsons comming on a time from his Holinesse told one of the prisoners M. Charuock that he had neuer so much ado as to perswade his Holines that he and his fellow Agent were Catholicke Priestes and not heretickes a thing as father Parsons auowed which his Holinesse would not beleeue of a long while O good God to what times are we reserued to liue in either for that so vniust an information should be giuen to the highest Pastour against vertuous Priests or that an auncient religious man should in such sort glose and counterfeit For it cannot be possible if his Holinesse stood so conceited but that very impious vntruths and with greatest colour of truth were inculcated to his Holinesse ere his practised and aged iudgement could entertaine and ground so bad an opinion of English Priestes as they comming so farre off vnto him should be of any other religion then Catholicke Two Priests to come out of England to Rome and purposely to his Holinesse Chaire and in a message and supplication from Priestes whereof a good many were then are now and had bene a long while in durance for the Catholicke cause and in an affaire meerely belonging to the Romane Religion with a prest readines also to follow and obey his Holinesse order in the same as vnder their booke-othes they assured are we trow no tokens of heresie but ablest demonstration of conuincing the contrarie What should then be the cause that his Holines was possessed with so hard an opinion against them and consequently against vs all from whom and in whose names they came Was it the matter they came about Impossible if right information had bene giuen because they came only to vnderstand the truth cōcerning the institutiō of the new authoritie and to open to his Holinesse wisedom our difficulties about the same and to acquaint him with the spiritual wants of our country with humblest petition for supply Cardinall Caietane who had most cause to stretch the action to the hardest sense against vs in that it might beare some semblāce of an opposition against his ordinance Cardinall Burghesio openly acknowledged at the time when our two brethren appeared before them sitting in iudgement vpon their cause that they could not find fault with the intention and matter they came for And if the intention matter were lawfull or not iustly to be blamed as both their Graces affirmed let our aduersaries tell what might the trespasse be why his Holinesse mind was so greatly auerted or rather his holy zeale incensed The messengers were reported the one to be a Maultster and a Horse-courser the other for an incontinent person O tongue libertie whither runnest thou O father Parsons how credulous are you in bad matters Let but this latter be proued notwithstāding you said who perchance counteth such a saying no bad pollicie that a Priest sware it and two other Priestes tooke their othes that they heard him sweare it and we do all here yeeld our selues without further conuiction to be traytours to God and his Church and craue the fagot There was a night-cappe with a border of blacke silke two fingers deepe a dozen of silke points fine sockes a sword and a dagger found in their chambers and matter of much good sport made therat father Parsons the chiefest doer hauing now forgotten how himselfe went attired when he liued in England and how some of his brethren here now go more costly then any Priest The messengers were accused that they came to Rome to renue the stirs in the Colledge The apprehension of M. Dudley M. Barrowes M. R●wse and M. Watson the remoue of Fa. Weston M. Archer M. Southworth and M. Pound from Wisbich to the Tower the great search made by the Officers for our Archpriest was laid to their charge as a complot agreed on before their going and after executed by vs here their confederates To make the bead-rowle long inough it was obiected that M. Doctour Bagshaw had a pension of fiftie pound a yeere of her Maiestie that we dealt with the Counsell and tooke direction from them The fall of M. Ithell and the Apostacie of Frier Sacheuerill were laid warmely in their dish with a long rable of surmises what would become of some others if they hold on Were not these fine exceptions we appleale to the whole world or accusations rather Who would euer think they could haue bin spoken without a vizard or obiected by any who before had not shaken hands with all shamefastnesse Alas alas whither do vnruly humours driue such as serue them For could there be grosser tales deuised if one would haue fabled for the whetstone or more infamous slaunders coined if there had beene a dispensation graunted to forge at pleasure That these things were laid in the dish of our two brethren against vs their fellows it cannot with any truth be denied or but with the abandoning of a great deale of modestie be stood against For sundry Letters containing the greatest part of the premises and which father Parsons had the perusing of and was the inditor or prompter of all or most of the contents and which also himselfe sent open into England to and for our Archpriest and others to reade are yet extant and both the priests liuing against whom the said counterfeit crimes were obiected and who are ready to witnesse or if need so require to depose so much as before is rehearsed But what would we inferre out of all these Verily not that father Parsons did accuse them and vs to his Holines in al the foresaid crimes for then vndoubtedly his maners had bene so far discrepant from the etymologie of his religious name as blacke is from white or hell from heauen Neuerthelesse we cannot but assure our selues that he or some other and none but himselfe hath the office of informership in the English affaires plaid a monstrous bad part in inciting his Holinesse by vntrue and vngodly suggestion to conceiue so infinite hardly of our two brethren as not to be brought but vpon long perswasion to thinke them to be Catholicke Priests Now although the reasons testimonies and probabilities already alleaged may sufficiently declare what grounds we had to beleeue that his Holinesse did neither commaund the institution of the new authoritie nor was priuie to the particulars
not and the ensuings God willing shall proue that we could not admit him without transgressing the lawes of holy Church then the non-admittance of him was not to maintaine controuersies but to defend we say not our freedome though if it had bene so the endeuour had beene most lawfull and honest but to defend trueth to shunne penalties and for conseruing order and the Hierarchie of Gods Church inuiolated Actions which no way approach to that degree of deformitie as to deserue exile and also confinement in exile and in Catholicke Priestes that had many yeares ventered their liues in Christ his cause and the banishment and confining therein to be inflicted vpon them by personages of Ecclesiasticall preeminence If on the other side M. Blackwell was so fully and absolutely constituted our Archpriest as we could not without sinne protract the submission of our obedience vnto him then must we craue pardon to thinke that the two Cardinals mistooke in their sentence quid pro quo one kind of sinne for another the lesse for the greater For the only and sole cause which their honors alleage in the sentence of banishing and confining our two brethren was for that they had maintained controuersies with men of their owne order So that if the bearing off to receiue M. Blackwel in the authority he claimed were indeed the maintaining of the cōtrouersies which their graces meant in their sentēce as needs it must be if M. Blackwel wrote a truth in affirming vs to be condemned at Rome as their complices we being at no time their complices in any other controuersie then as we haue said their Graces mistooke the lesse sinne for the greater controuersie for disobedience or truer for rebellion a Panorm in ca. s●ne 2. de ofsic iud deleg nu 4. rebellion being when one will not obey or shall impeach the iurisdiction of his Superiour or for a far greater sinne if all be true which hath bene obiected against vs. Neither were their honours as it seemeth only mistaken or spoke improperly in this but also in another point of like moment viz. in that M. Blackwell being lawfull Superiour to our two brethren as it is supposed and in manie respects of more then Episcopall iurisdiction ouer them neuerthelesse their Graces did not otherwise name or more particularly stile M. Blackwell then by comprising him vnder the general terme of other me of their own order for so runne the wordes in the sentence as the Reader may see nor is there any other cause at all alleaged why they were banished confined but for that they had maintained controuersies with other men of their owne order and therefore not expedient to the English cause that they should anon returne to those parts where they had so demeaned themselues Errours of that nature as it were hard to thinke their graces would commit considering their long practise and place but chiefly in respect of the vnusuall and grieuous punishment imposed and for that by this generall or improper speech neither the punished were let to vnderstand the nature of their offence a default in iustice nor satisfaction giuen to the world why so heauy chastisement was taken of Priests comming so farre off to the Sea of Rome Considerations which force vs to thinke that their Graces meant not by the said words of the decree the controuersie which our two brethren had with the Archpriest in not admitting his authoritie vpon sight of the Constitutiue Letter but the maintaining of some other controuersie albeit we wote not nor can gesse what controuersie that should be or with whom Againe the wordes of the decree are for maintaining controuersies with other men of their owne order Which being spoken in the plurall number and none can say that either of our two brethren maintained controuersies or had so much as vnfriendly speech with any one Priest M. Blackwell excepted in reproofe or dislike of his admitting the subordination Which conuinceth except the sentence were erroniously giue that their Graces could not not vnderstand by maintaining controuersies with other men of their owne order the difference betweene the Archpriest and them concerning the receiuing or not receiuing of the Subordination And to shew the aduantages that commonly concurre with all truth and do abound in this we will grant to our aduersaries that the Cardinals vnderstood no other controuersie in their sentence then that which our two brethren had with our Archpriest about the subordination and wherein we were their complices and that also the punishment inflicted was such as it might aswell appertaine to vs as to them as how meerely impossible it was so to do it hath bene declared before yet what sequence can be inferred either in equitie which is iustice tempered with the sweetnesse of mercie and euermore chalengeth her due place in iudgements giuen by such personages because iustice without mercie is crueltie as S. Chrysostome writeth or in rigour extending all things to the highest seueritie that can be Must the condemnation that passed vpon our two brethren be stretched needes inuolue vs their complices neither summoned to the triall nor named in the sentence nor specified in his Holinesse Commission to the Cardinals or we otherwise vnder like authoritie or iurisdiction of their graces Certes both reason learning common sense and the custome of all Nations Heathen and Christian do counterpleade nor all ages as we thinke can yeeld one president from the beginning of the world to this present day where and against whom any iuridicall condemnation as that is maintained to be which passed against our two brethren hath bene in like sort extended were the persons to Dist 86. siquid 2. q. 1. in multis capitibus eadem q. 7. ca. ipsi ca. testes 15 q. 7. per totum ca. qualiter 2. de accusationib Concil Trid. sess 13 de reform ca. 4. 1. Tim. 5. whom it was extended of neuer so base calling and the fact they committed neuer so notorious and execrable Circumstances or materiall points which greatly alter our case for Popes Councels generall and prouinciall and famous Emperours haue decreed sundrie priuiledges for the more iust and respectfull proceedings against men of our function Yea the holy Apostle for the more reuerence of Priesthood omitted not to giue direction likewise in this affaire and the fact also wherein our two brethren were condemned not the most hainous euen by that species or kind of the offence to which the Cardinals themselues raunged and intituled it by viz. the maintaining of controuersies with other men of their owne order It is a receiued Proposition among the Canonists and alleaged by Pope Innocentius the third and Pope Gregorie the ninth that a Ca. dilecto de prebend dignit ca. cum snp r de sent reiud eod ca. quamun Regulariter alijs non nocet res inter alios iudicata Regularly a matter past in iudgement betweene others hurteth none but the parties themselues
not assigne vs a Superiour without our priuity and consent we take it to be more then all our aduersaries can proue that we euer spake And as for the citing of the g Dist. 61. ca. Nullus inuitis dist 63. ca. si in plebibus ca. 1. de electione Canons that permit or authorize the Cleargie to chuse their Superiour they were not cited by any of vs to the end to proue that his Holinesse could not appoint vs a Superiour without asking our voices or acquainting vs first with the dessigne but were only alleaged to shew that it was a custome receiued in holy Church not yet discontinued euery where that the Cleargy should haue the chusing of their owne Superiour and which being a fauour allowed to many by the Sea Apostolicke and by censure of common reason a great furtherance to peace and of electing the fittest person we could not thinke if his Holinesse had bene rightfully informed but that his pastorall loue and benignitie would haue graunted vs venturing our liues as we do for the primacy of his seate and oppressed with many sorts of afflictions the chusing of our Superiour or at least not to haue giuen as the Constitutiue Letter specifieth the perpetuall election of him to the Cardinall Protector a stranger vnto vs vnacquainted with the difficulties of our countrey and distant by more then a thousand miles from vs. To this end were the Canons alleaged as the circumstances and drift of the places where they are alleaged do witnesse And therefore we cannot but feare a sinister intention in father Parsons and in our other aduersaries that thus adde to and wrest our wordes to the sense and purpose which themselues like best But to returne The Constitutiue Letter giueth also authoritie to our Archpriest to take away faculties granted by whom soeuer and he hath de facto taken away such faculties from some of vs as his Holinesse himselfe immediatly gaue to the parties from whom he took them A larger iurisdiction then any Metropolitane Patriarke or legate Cardinal in the world hath as we thinke adioyned to his person or office Which supereminencie together with the reasons aforegoing seemeth most apparantly to enforce that M. Blackwe●● cannot be but reputed such a superiour Prelate as is intended by the words of the Extrauagant Episcopi alij Prelati superiores quocunque nomine conseantur Bishops and other superiour Prelates by what name soeuer they are called Or if we should denominate the authoritie according as it is practised we must needes cal it a high prelacy because it either dispenseth with the law of God nature and man or violateth the same IT either dispenseth with the law of God or violateth the same because what God commaundeth our Archpriest forbiddeth for example God commandeth Libera eum qui iniuriam patitur deliuer him Eccl. 4. who suffereth iniurie Againe Liberate vi oppressum de ●nanu calumniatoris Ier. 22. Deliuer ye the violently oppressed from the hand of the calumniator Prou. 24. And in another place Erue illos qui ducuntur ad mortem Rescue them who are vniustly lead to death But now our Archpriest prohibiteth vnder heauy penalties euen when our good names were rather in the act of dying then in leading to death and after the Vniuersitie of Paris had giuen sentence for vs not onely our lay friends or our fellow Priests but also our ghostly fathers who by priuiledge of that office knew saw and were feelingly sure of the wrong and calumniation obiected to defend vs by word or writing directly or indirectly although they were bound by the foresaid law of God and by the right of truth charitie and h Nau. in Manu ca. 24. nu 17. 18 22 ca. 14. n. 10. Decretum 18. Octob. 1600. §. 4. iustice to speake in our purgation The words of our Archpriests decree and prohibition were these Prohibemus in virtute sanctae obedientiae omnibus praesbyteris etiam sub p●na suspensionis atque interdicti quort●m absolutionem n●bisipsis reseruamus addo ettam amissionis omnium facultatum ipso facto incurrendarum Laicis verò sub poena interdicti ipso quoque facto incurrendi ne quisquam illam praeteritam inobedientiam vnde tanta inter nos extiti pacis perturbatio quouis modo verbo vel scripto directè vel indirectè defend●re praesumat We prohibite all Priests in vertue of holy obedience and vnder paine of suspension interdict the absolution of which we retaine to our selues I adde also vnder paine of leesing all faculties to be incurred in the deede it selfe and the laity vnder paine of interdict to be likewise presently incurred that no one any maner of way in word or in writing directly or indirectly presume to defend the foresaid disobedience past which bred so great contention among vs. Which part of our Archpriests decree may seeme the more seuere §. 3. in that he himselfe in the paragraph next before hauing sentenced and denounced to the whole Realme that we were truly and really disobedient to the Sea Apostolicke and rebellious against his office instituted by the same Sea would immediatly after the condemnation bearing no more truth then the foregoings haue shewed forbid vs and all others in the manner as is set downe not to defend that disodience by name Which ●red so great contention among vs which as the whole world knows was for that we would not yeeld our selues guiltie of the crimes and most grieuous abhominations that were obiected and maintained by the Societie and their adherents against vs. And indeede had not father Lyster father Garnet and father Iones with some other most dispiteously and alike vniustly massacred our good names or our Archpiest not approued and patronized their infinite wrongs done against vs vndoubtedly all had bene at quiet long since and neuer growen to the thousand part of that most rufull excesse to which the violent prosecution of their wrongs and the vnconscionable seeking to oppresse vs by strong hand haue caried the contention and do still alas increase and nourish the flame Saint i Prima par titu t●rtio c. 10 §. 10. reg 4. Antonine k In ca. cum conting it de rescriptis remed 2. nu 30. in manu c. 1. 27. nu 282. Nauar and other l Albert. Magnus Panormit Imola Felinus Alexander Ne●o Ioānes Andreas Dominicus Perusius cited in the places aforesaid authors of greatest name affirme that a man may with safe conscience follow and practise that which one Doctour of fame resolueth to be lawfull so that it be neither repugnant to the authoritie of expresse Scripture nor decree of holy Church as we trow the censure of Paris is not nor will our aduersaries euer proue it to be Againe m Tom primo q. 63. art 4. contro 2. conclu 4. vers est hic idem colligitur ex tomo 2. in disp de trib vest ar 3. contro
to be sufficient You proceede to the reckning vp of our pretences for so it phansieth your pen to by-name the reasons following as though all were false colours and no truth at all and thus you repeate them as obiected by vs. 1. It is a thing deuised by the Iesuites I trust you will not make shew to deny this the truth being so cleare as the light of the Sunne when it shineth And if you do a number of conuincing testimonies can be brought against you and you by gainesaying so euident a truth will giue vs good cause to take heede how farre we beleeue you in doubtfull and vnknowne matters 2. The Superior is one of the Iesuites owne choosing This also we auerre for a certaine truth and auow further that not only the Superior but all the assistants are likewise of your choosing as Maister Blackwell himselfe neither could nor did deme nor seemed vnwilling to acknowledge And what greater soueraigntie would you seeke to carrie ouer vs if you might haue your wishes being in the dignitie of priesthood and in the labours for our countrie by many yeares our iuniors 3. Why should the Iesuites appoint vs a Superior more then we a Generall to them If the resemblance be not good I praye shew the difference that disproueth and the reasons why you may elect our Superior and we not yours 4. It is the fine head of Father Parsons that hath inuented this Omit the epitheton I meane so farre as it carrieth the nature of a quipping word and the residue we maintaine belieuing there is no one who will not wilfully blind himselfe but seeth so much For what can be clearer if particulars be compared or what lesse denyable or more manifest then that whereof his owne letters to Maister Doctor Pearse to Maister Doctor Worthington and others beare witnes infalliblie Therefore good sir where you let not to affirme that God hath made Maister Blackwell our Superior you are to proue prouing your assertion that father Parsons act was Gods deede and what the one the other did which will be somewhat hard for you to do in respect of the indirect dealing which father Parsons vsed in sending ouer word vnto vs to desist from further proceeding to the choosing of a Superior as from a matter I wot not of what ill consequence and he himselfe notwithstanding to labour and effect it vnder-hand contrary to the purport of his message and all our knowledges The Cardinall addressed a letter as you know to two reuerend Priests while they were on the way to England and in it made speciall mention of two apostolicall Breues which his Holines had then newly set forth The letter signed with his Graces seale and subscribed with his owne hand rehearsed the contents of both in manner following Sua Sanctitas Breue apostolicū edidit Datum apud Sanctū Marcum sub anulo Piscatoris die decimo octauo huius mensis septembris praesentis anni 1597. quo prohibet omnino ne quis Anglicanae nationis quoad illud Regnum ad religionis Catholicae ac sedis Apostolicae vnionem redierit Doctoratus gradum in theologia vel iure accipiat nisi post cursum quatuor annorum expletum alios adhuc quatuor annos ad ea quae didicit perpolienda impendat neque tunc etiam nisi habeat suberioris Collegij in quo vltimò studuerit licentiam in scriptis cum Protectoris vel vices eius gerentis assensu qui secus fecerit illum poenam excommunicationis ipsi sedi Apostolicae reseruatae ipso facto incurrere neque praeterea gradum quem accepit vllum esse omnino sed prorsus inualidum Edidit praeterea This Breue was neuer seene for ought we euer heard sua Sanctitas aliud Breue exhortatorium ac consolatorium ad Catholicos Anglicanos pijssimum illud quidem ac verè Apostolicum quo eos ad constantiam patientiam longanimitatem coeterasque virtutes hortatur praecipue vero concordiam pacem ac vnionem quae coeterarum omnium virtutum fundamenta sunt atque vincula eosque vitent qui seditiones ac diuisiones seminant Good sir as I may be deceiued so perhaps I am yet vnder correction I must thinke that there may be framed out of these a dilemma or forked argument that maketh euery way greatly for vs. Either the reported Breues were set forth or not set forth If set forth then what should perswade that his Holines wisedome and diligent regard being alike circumspect and prouident in making forth his particular and speciall Briefes for ordering the precedents would in enacting this new authoritie a much more iealous and contentious subiect forget or neglect or refuse to do the like or more Shall we attribute to his sacred fatherhood prudence vigilancie and maturest consideration in small matters take them frō his Holines in great His Holines possesseth the Chaire that hath the promis of diuine assistance He is our holie Father and therefore retaineth care of continuing peace among vs his children as the dignitie requireth so his Holines is full of charitie benignitie and compassion and therefore much vnlike especiallie while the Magistrate is in drawing his sword against vs that his Holines would appoint a meere punishing authoritie that neuer had an example and not so much as signifie to vs the constitution thereof by Bull Briefe or other Papall instrument but as if our case function and trauels were despiseable to leaue vs to the reports of others for notice thereof who as to his Holines knowledge deedes haue proued incline more to fauour that is against vs then to friend or causes And to say as some say or as they say who say most that his Holines wisedome omitted to make forth a Briefe thereof for feare of trouble and prouoking the State is so light and superficiall a reason as it best answereth it selfe in his owne weakenes For what greater trouble could such a Briefe cause which the institution of the new authoritie causeth not more Neither do we demand the transporting of the Briefe though we see no more danger therein then in sending ouer the Cardinals letters yea much lesse because the pot that goeth often to the water is likelier at length to returne broken then that which was vsed but once The fauour and iustice we sue for is only canonicall notice of that which is done For this we call for this we haue long and often called and for this shall we still continue calling being both iust and reasonable and the performāce of no difficultie nor requiring time were the authoritie his Holines ordinance On the other side if no such two Briefes were set forth as I am sure you will not grant then must father Parsons the archdeuiser thereof be much too blame in getting the Cardinals hand subscription and seale to the aforesaid Letter and iust cause administred why we should suspect the like peece of cunning in other letters that haue come from the Cardinall
soeuer the same was meant by vs was neuerthelesse alike offensiuely taken by our Arch-priest as his Reuerence did not only most peremptorily reiect them all but returned in his answere that impenitencie of heart and an obstinate will of sinning being the more grieuous phrensie drew vs to the That is called by our Arch-priest a destructiō of peace and order which the Canons of holie Church appointed for the preseruation of peace and order making of the requests and that our petition of hauing the Arch-priest and the assistance to be chosen hereafter by the voyces of the Priests who were to obey was the destruction of peace and the perturbation of order in the Church being in truth the expresse decree of holie a Ca. 1. de electi Canons and the customarie forme of electing Superiors ouer the whole Christian world Againe his Reuerence tearmed our demaund of hauing the treatise of schisme reuersed an vnreasonable request because as he gaue the reason the medicine ought not to be remoued before the sore be thoroughly cured applying besides these words of scripture vnto vs stiffe-necked and of vncircumcised hearts and eares alwayes resisting the holy Ghost with many other alike exciting speeches Not long after the exhibiting of the aforesaid conditions his Holines Breiue arriued and we presently without any stay receiued Maister Blackwell to our Arch-priest and yeelded him our obedience yea such was our affection to vnitie as for desire thereof we were content to pardon all the iniuries and defamations past being many in number and in qualitie most grieuous At this very time our Archpriest wrote likewise a common Letter willing and commaunding all Priests not to vpbraide and impute the fault of schisme any more vnto vs. Which fauour so to call the surceassing of most grieuous wrongs we know not whether it moued sorrow or no in the Iesuites who perhaps had conceiued some feare least the concord begun might diminish the authoritie and sway they carryed with the Archpriest being linked now to his body and brethren but most certaine it is that not many weekes after the making of this generall attonement father Iones a Priest of the Societie gaue forth and defended the assertion that whosoeuer should stiffely maintaine that our refusall to the subordination appointed before the arriuall of his Holines Breue did not make vs schismatickes incurred by such his patronage of our case the censures of holy Church Which vnreasonable position our Archpriest my selfe acquainting him therewith affirmed to be true as there hath bin nothing hitherto written or spoken by the Fathers against vs which his Reuerence how vnprobable and iniurious soeuer the same was hath not soothed and to his power sought to iustifie Neither did his Reuerence after the aforesaid prohibition only allow and defend this strange saying of father Iones but also he himselfe diuulged a resolution both declaring that we were schismaticks by our refusall and directing all Priests not to apply the benefite of absolution vnto vs vnlesse we did acknowledge the offence and make satisfaction for it Which reuiuall of matters rising so directly and in points of like importance both from the Societie and from our Archpriest and for that also some of our fellowes were thorough the diuulging of the foresaid resolution denyed absolution in the sacrament of penance and not suffered to celebrate in some places where they came and where before they had bin well accoumpted of we not seeing a fitter meane either of easing our distresses or of relieuing our good names framed the Petition following to our Arch-priest Verie Reuend Father WE humblie beseech you that the extreame necessitie of the hard tearmes our good names are brought into may both excuse the boldnes if bounden indeuour to put off so great a hurt may be called boldnes and encline your consideration to take in good part the proposing of our request Your Reuerence and others do still affirme and seeme to auow the opinion more and more that we incurred the crime and penalties of schisme in not absolutely admitting your Authoritie before the ariuall of his Holines Breue our first certaine notice of his priuitie thereunto Would God therefore it might please you deere sir for perfit tryall of the truth the thorow ending of the controuersie to licence that we may conferre reason or dispute the case with the conditions vnder specified Good manners and more the duties of obedience forbid vs to name or request you to be one of the disputants being our Superior but if your owne desires shall carrie you to the yeelding of your most help for better declaration and strengthening of the issue we shall hartilie greete the fauour and rest fuller satisfied in respect we wish the vttermost that can be said and vrged against vs. For certes if we see our selues we do neither affect to be misled by errour or dwell in ignorance or presupposing that we are deceiued seeke for ought more then to haue the noted crime fortified with the proofes that may most reproue and conuict our guiltines Among all the meanes our poore wits could thinke of this appeared of most force and the readiest as well to let the mistaken see their faile as also to mediate a generall attonement in regard the rules of conscience bind to acknowledge a truth when it is euidentlie shewed and the agnizing induceth to satisfaction and satisfaction hath right and authoritie as well to cancell iniuries past as also to inuite loue for the time to come Two soueraigne effects and being the natiue begetters and nourcers of peace cannot but bring great ioy and edification to many If therefore your better iudgement shall like to ratifie this course and vouchsafe to giue vs notice the aduertisement will much glad vs and shall indebt vs for dutifull thanks to your Reuerence for the kindnes Neither without good cause for if the difference be not after this way decided alas we see no remedie but of constraint our good names bleeding alike pittifullie as they do and the wound so oft and hardlie rubbed on as it is we must either wittinglie suffer perpetuall infamie to come vpon vs or take our pennes in hand cleere our selues as we may A processe that feareth because great likelihood our apologie shall receiue an answere the answere require a reply the reply occasion a reioynder and so the difference become a circle that is to say without end vnlesse How neere is this prediction true it be that lamentable end which the Apostle specifying sayd quod si inuicem mordetis comeditis videte ne ab inuicem consumamini if ye bite and deuoure one another take heed least ye be not consumed one of another To flye this gulfe and eschue so idle wast of so much time that we say nothing of the scandall we most submissiuely intreate your good Reuerence to graunt for your selfe and solicite the Fathers that we may in this sort the shortest as we deeme and the