this man was M. Kirkman M. Kirkeman an happie Priest also martyred for that he acknowledged him-self to haue reconciled certaine persons to the Catholike church For which likewise were put to death M. Thomson M. Harte and M. Threlkeld M. ThoÌ„son M. Hart. M. Threlkeld afterward in the same citie of Yorke neuer charged nor suspected of anie other treasons then of hearing Confessions absoluing and reconciling sinners to the fauor of God and to the vnitie of the Catholique churche againe which both in the Priest that absolueth and in the partie that is absolued they haue made to be the crime of les-Maiestie vnder this false and most vniust preteÌ„ce that al parties so reconciled are assoiled of ther obedience to the Q. and doe adhere to her enimie and admit forreine iurisdiction power and authoritie which is exercised in Confession for remission of sinnes Thes be the treasons and none other for which the blood of Gods Priests is so abundantlie shed in our poore countrie thes yeares Adde to thes the two famous confessors Ao. 1583. M. Slade M. Bodie M. Iohn Slade and M. Iohn Bodie who both by certaine interrogatories being driuen to say their mindes touching the Q. chalenge of supreme regiment ecclesiastical contrarie to the asseueration of this libeller set downe before for confessing their faith of the Popes spiritual soueraigntie and for denying her to be head of the churche of England or to haue anie spiritual regiment were coÌ„demned to death in publique iudgement at two diuers sessions and that at twise a rare case in our countrie the latter sentence being to reforme the former as we may gesse in such strange proceedinges which they perceiued to be erroneous and insufficient in ther owne lawes Wherupon one of them was executed at Winchester th' other at And ouer in the same prouince being neuer charged with disloyaltie or olde treasons as not onelie by the recordes of their arraignment and condemnation we are able to prooue but also by their owne speeches and by the whole action of ther Martyrdome The booke is intituled The Seueral executions of Slade and Body c. imprinted in London by Richard Iones 1583. which is put in print by one of their owne protestantes that was present and is witnessed by thousandes of others that both heard saw their deathes and iudgement I wil for examples sake alleage some thing out of the said printed pamphlet of that which was said vnto them by the enimie at their martyrdome Confesse your fault saith one of the cheefe * Sir VV. Kingsmel gentlemeÌ„ and ministers of execution ther present for satisfaction of the vvorld in the cause of your death to which the holie confessor I. Bodie answered after protestation of his loyaltie in temporal thinges Yovv shall vnderstand quoth he good people that I suffer death for denying her Maiestie to be Supreame head of Christes churche in England in causes ecclesiastical other treasons except they make hearing the holie Masse or saying Aue Maria treason I haue coÌ„mitted none So his happie companion M. Slade condemned for the same onelie cause was thus spoken vnto in the houre of his agonie The cause vvhy M. Slade and M. Bodie vvere murdered by one doctor Bennet a great minister of ther new congregation let not the Pope saith he that vnvvorthie Priest be preferred before thine ovvne natural Princesse vvho is the lavvful supreame head of the Church next vnder Christ So said this minister by whom we may not onelie perceiue vpon what statute and treason they were executed but also which in an other parte of this libel is without shame most boldlie denied Pag. 10. that indeed the Q. is commoÌ„lie of protestantes called Supreame head of the Church So their preachers in pulpit doe sounde owt daylie as al men know and their writers in bookes dedicated to her as M. Bridges M. Bridges against doctor Saunders and D. Stapleton and others doe tearme her expreslie Wherof the wiser sorte as we may see by this libel are so ashamed that they wolde haue it giuen out to strangers speciallie who wonder at the monstruous title that ther is no such thing chalenged of her or giuen her by the new lawes of Religion in England The protestaÌ„tes ashamed of their Head of the church For which cause and for that they had an intention streight to publishe at home and in forreine partes that none were put to death for anie such matter of faith or religioÌ„ they suppressed the said printed pamphlet of thes twoo mens martyrdome and punished the Author therof though he wrote in that point the plaine truth as he hard and sawe but not discretlie inough nor aggreable to the politique practise they had then in hand which was to perswade the world that none were put to death for their conscience nor that the Q. chalenged anie such title of Supremacie or Headshippe ouer the Church Pag. 10. which later point it seemeth conuenient to the politiques of our Realme to disauowe with such vehemencie in this libel as they geue vs the manifest lye for that we reproue them of it for thus they write vvhich title of headship of the Church the aduersaries doe most falslie vvrite and affirme that the Q. Maiestie doth novv vse a manifest lie and vntruth c. Wherfore of this matter I am inforced in this place to speake a word or two by the waye The truth is that in the first yeare and Parliament of the Q. reigne when they abolished the Popes authoritie and wolde haue yeelded the same authoritie with the title of Supreame head to the Q. as it was giuen before to her Father and Brother diuers speciallie moued by Minister Caluins writing who had coÌ„demned in the same Princes that calling liked not the â—earme and therfore procured that some other equiualent but lesse offensiue might be vsed Vpon which formalitie it was enacted that she was the Cheef gouernour asvvel in causes ecclesiastical or spiritual as ciuil and temporal And an othe of the same was conceiued accordinglie to be tendred at their pleasures to al the spiritual and teÌ„poral officers in the Realme by which euerie one must sweare that in conscience he taketh and beleeueth her so to be and that no Priest or other borne owt of the realme can haue or ought to haue anie maner of power in spiritual matters ouer her subiectes Which othe is compted the verie torment of al English consciences not the protestantes themselues beleeuing it to be trew of al trew catholiques as before it was deemed in her Father a lay man and in her Brother a childe very ridiculous so now in her self being a woman is it accompted a thing most monstruous and vnnatural and the verie gappe to bring anie Realme to the thraldome of al sectes Heresie Paganisme Turcisime or Atheisme that the PriÌ„ce for the time by humane frailtie may be subiect vnto al our religion faith worship seruice
A TRVE SINCERE AND MODEST DEFENCE OF ENGLISH CATHOLIQVES THAT SVFFER FOR THEIR Faith both at home and abrode against a false seditious and slaunderous Libel intituled THE EXECVTION OF IVSTICE IN ENGLAND VVherin is declared hovv vniustlie the Protestants doe charge Catholiques vvith treason hovv vntrulie they deny their persecution for Religion and hovv deceitfullie they seeke to abuse strangers about the cause greatnes and maner of their sufferinges vvith diuers other matters perteining to this purpose Psal 62. Vt obstruatur os loquentium iniqua That the mouth may be stopped of such as speake vniustlie Psal 49. Os tuum â—bundauit malitia lingua tua concinnabat dolos Thy mouth hath abounded in malice and thy tongue hath coninglie framed lies THE PREFACE TO THE READER ALBEIT the late pamphlet intituled The execution of Iustice put forth in diuers languages for defence or excuse of the violent proceeding against Catholiques in England and for accusation as wel of them at home as of vs their felowes in faith abrode passing forth without priuilege and name ether of writer or printer euen thence where such matter is speciallie currant and might easilie haue bene authorized mouing indiscret odious and dangerous disputes of estate replenished with manifest vntruthes open slaunders of innocent persons and namelie with immodest malediction and seditious motions against the cheefe Bishop the Prince of Gods people though I say it might rightlie haue bene reputed an infamous Libel ether to be contemned or with such freedome of speech refelled as that maner of writing doth deserue yet considering the matter meaning and phrase therof to be agreable to the humour and liking of some in authoritie The causes of ansvvere and the booke not onelie not suppressed as diuers others of that argument seeming ouer simple to the wiser Protestants of late haue bene but often printed much recommended diligentlie diuulged and sought to be priuileged in * In FraÌ„ce forreine places where for shame they durst not publiquelie allowe it at home yea and in a maner thrust into the handes of strangers and therfore like to proceed though in close sort from authoritie we are forced and in truth verie wel contented and glad it hath pleased God to giue this occasion or rather necessitie to yeeld for the answere of the said booke our more particular accompt in the behalf of our Catholique brethren dead and aliue at home and in banishment Which we wil doe sincerlie as in the sight of Christ Iesus the iust iudge of the world and al his Saints in such humble milde and temperate maner as beseemeth our profession and the audience which audience we craue with teares of the whole Church and Christian world and of al that are placed in power and sublimitie ouer vs in our owne Countrie or els where that so our cause may be discerned both by God and man and our vnspeakable calamities ether by the intercession of manie releeued or by the general compassion of al our faithful brethreÌ„ made to vs more tollerable Loth we are and odious it may be compted to speake in such matter as must needes in some sort touch our superiours but Gods truth and mans innoceÌ„cie are priuileged and may in humble seemelie wise be defended against whomsoeuer And our pen God willing shal be so tempered herein that it shal displease no reasonable reader nor surelie skarce them if it may be against whom in our inculpable defence we are forced to write We haue in this case examples inough of Christian modestie in the ancient apologies of holie Fathers in Christ his Church as of S. Iustin Examples of vvriting apologies for innocencie Tertulian Athanasius Hylarius and other writing to their Princes that persecuted ether by errour or infidelitie the faithful people Who 's stile and steppes so long as we folowe we shal be blameles in the sight of al wise and good men and offeÌ„d none to whom the plaine truth it self is not odious As on the other side we haue in our aduersaries late bookes for immodest railing The Protestants stile contemptuous phrase slaunderous speach blasphemous wordes false reprochful seditious matter and al inhonest scurrilitie what to abhorre and detest and what to auoide in thes our writings which we would haue most vnlike theirs and not onelie allowable to our frendes but if it were possible and so pleased our merciful Lord to giue vs grace in their sight not ingrateful to our persecutours whos saluation as Christ knoweth we seeke in al thes our endeuours together with the maintenance of truth more then our owne defence and purgation Wherupon otherwise for our owne onelie honour and interest we would not so formallie stand against so honorable aduersaries in this world if we thought ether their hartes which are in Gods handes were not vpon euident reason and remonstrance of our innocencie inclinable to mercie and better consideration of their owne state and ours or that their accusation of vs afflicted Catholiques were not ioined to the general reprehension of the whole Church and the principal pastours therof whom by the lawe of our Christian religion we ought to respect more then our owne liues and in causes of our soule and conscience to obey aboue anie earthlie Prince by what other obligation so euer we be bound vnto him And as we would gladlie passe in this our answere with such equabilitie and indifferencie that in defence of the spiritual power which by our aduersaries importunitie we are driuen in maner against our wils to treat of we might not iustlie offend the temporal acknowledging in diuers respects al humble dutie to them both so writing nothing that anie man shal be able to proue vntrue ether in fact or faith we trust in the readers equitie be he Catholique or Protestant that in so faultles and necessarie a defence of our selues and of our Superiours as also of the common cause of our Christian faith and conscience he wil not iudge our writing seditious slaunderous or infamous libelling as the nameles author of this inuectiue against whom we treat vnchristianlie and vncourteouslie calleth other our brethrens bookes recording onelie the heauie persecution torments and deathes of Catholiques in such simple plaine and sincere sort as indeed al thinges were done The bookes of English persecution most true and so as no man liuing can trulie ether charge the reporters of fiction or falshood or of anie euil intention of diffaming to strangers their superiours dealings in making relation of our deare Countries most doleful calamities For the thinges there done dailie in publique cannot otherwise be hidden from the world and seing they are passed by lawe and order of pretended iustice ther can be no cause why them selues should mislike the diuulging therof except they acknowledge in their conscience some iniquitie and dishonorable defect in their proceedinges against the most innocent persons whom daily they torment and make away We are not so peruerslie affected God
and publique persons And so it maketh no more against vs then this writer him self whether he hath published his Libel by authoritie as he wil not seeme or of his owne peculiar head and affection which rather we are content to suppose Howsoeuer it be we wil be bould to examine in the treatise folowing with such modesty and indifferency as is requisite in Gods cause his whole reprehension and in the meane time til he can proue vs or our brethren guiltie of anie crime other then the exercise and profession of the Catholique faith Ioa. 10.32 Act. 23.6 Act. 28.20 we wil say with our Sauiour De bono opere lapidamur and with the Apostle De spe resurrectione mortuorum iudicamur propter spem Israel his catenis circundati sumus THAT MANY PRIESTS AND OTHER CATHOLIQVES IN ENGLAND HAVE BENE PERSECVTED condemned and executed for mere matter of religion and for transgression onelie of nevv statutes vvhich doe make cases of Conscience to be treason vvithout al pretence or surmise of any old treasons or statutes for the same CAP. I. NOw to the principal pointes of the Libel we first affirme that the verie front or title therof importing that no Catholikes at al or none of them whom they haue executed were persecuted for their religioÌ„ is a verie notorious vntruth and contradictorie to the libellers owne wordes in his discourse following where he confesseth vnderhand A manifest falshood vvith contradiction to them selues that some be corrected othervvise for religion or yf they wil stand in the coÌ„trarie we appeale to the conscience and knowledge of al the Catholikes and protestantes within the Realme who of their equitie wil neuer denie that most prisons in England be ful at this daye and haue bene for diuers yeares of honorable and honest persons not to be touched with anie treason or other offence in the world other then their profession and faith in Christian religion Secondlie we say shal clearlie coÌ„uince that contrarie to the poursute of the same libel a number haue bene also tormented arreigned condemned and executed for mere matter of Religion and vpon the transgression of new statutes onelie without anie relation to the olde treasons so made and set doune by Parlament in Edwarde the thirdes tyme by which they vntrulie auouche al our brethren were conuicted And herein to deale particularlie and plainlie we alleage the woorthie Preest and Bachelar of diuinitie M. Cuthberte Mayne who suffred a glorious Martyrdome at Lanson in the prouince of Cornewale M. Mayne Ao. Dom. 1577. for that the case or couer onelie of an Agnus Dei and a printed copie of that Bul now expired which denounced to the christian world the last Iubilie were found about him condemned not by anie olde lawes as is deceitfullie pretended to abuse the simple of owre owne nation and straungers that knowe not our lamentable condition but by a late statute enacted the 13. yeare of the Q. reigne which maketh it highe treason to bring from Rome anie beades sacred pictures Agnus Deis Buls or as the expresse wordes of the said statute are any vvryting or instrument vvryten or printed conteining any thing matter or cause vvhatsoeuer by which wordes they may condemne a man to death as guiltie of highe treason though he bring from Rome but letters testimonial for a trauailers credit and commendation in iorney a thing vnhard of in al ages not credible to forrayners and a fable to the posteritie or rather a warning to the world to come into what miserie and barbarousnesse a kingdome that forsaketh the Churche may be brought vnto And an honorable gentleman of an ancient familie M. TrugioÌ„ for onelie receyuing the said blessed Preist into his house remaineth condemned at this daye to perpetual prison and hath lost both landes and goodes of greate importance for that fact Ao. Dom. Lykewise Thomas Sherwood a lay man indited adiudged and put to death 1578. At LondoÌ„ M. Shervvood for questions of the Q. supremacie in causes spiritual and other articles made capital by the new lawes onelie two yeares at the least before this fiction of conspiracie against the realme or person of the Princes was made or heard of The same yeare was a reuerend Preist named M. Iohn Nelson condemned and executed for affirming being driuen therunto by the coÌ„missioners captious interrogatories the Q. religion to be heretical and schismatical Ao. 1578 At LondoÌ„ M. Nelson which is made death not by the olde lawes of the realme nor by anie other of anie christiaÌ„ countrie but onelie by a statute made in the saide 13. yeare of the Q. reigne prouiding by a special clause that none shal affirme her Maiestie that novv is for it holdeth not in other Princes cases to come to be an hereâ—ique or schismatique vnder paine of incurring highe treason â—nd death After thes M. Eurarde Hanse was indited and â—o condemned to death which he constantlie suffred Ao. 1581 At LondoÌ„ onelie vpon a statute made in the last parliameÌ„t of al by which it is made a crime capital to persuade any man to the catholike religion into the compasse of which lawe they violentlie drew the blessed man by calumnious interpretation of his speeches when he â—ffirmed being vrged therunto that the Pope was â—is superiour in causes spiritual and had in such matters spiritual as good right as he euer had in England or hath at this day in Rome for which wordes though inforced from hym he was ther presently indited arrained and condemned to death and soone after most cruelâ—â—e executed whose case together with that of M. Nelson which goeth before declareth what truth is in this libeller who writeth here in one place That none are for their contrarie opinions in religion persecuted or charged vvith anie crimes or paines of treason nor yet vvillingely serched in their consciences for their contrary opinions And againe within a lease after he repeateth the same vntruth saying VVithout charging them in their consciences or othervvise by any inquisition to bring them into danger of Capital lavv so as no one vvas called into anie capitalor bloodie question vppon matters of religion but haue al inioyed their life as the cours of nature vvould M. Lacie Here may be named also M. William Lacye a worshipful gentilman who was condemned to death not long since at Yorke for that he confessed he had obteined a dispensation for Bigamie of the Popes holinesse to be made Preist and that according to the same dispensatioÌ„ he was made Preist either of which pointes by their late lawes of religioÌ„ are deadlie And the latter pointe they make treason forsooth by this strange sequele that when men take holie orders in the Catholike churche they giue their othe of obedience to the Pope who is a forreine enimie to her Maiestie and to the Realme as thes men affirme and could the world weene we were in suche thraldome of this barbarous heresie With
and prayers depending vpon his soueraine determination a thing that al nations haue to take heede of by our example for the redresse of which pernicious absurditie so manie of our said brethren so willinglie haue shed ther blood The ridiculous varietie of Heretiques about the Headship of the Church In the first Parliamēt of her Maiesties reigne it was indeed in a maner thrust vpon her against her wil because otherwise ther could haue bene no colour to make new lawes for change of Religiō and this title of Cheefe gouernesse was thought to be a qualification of the former tearme of Headship But in truth it is al one with thother or rather worse for in some kinde of improper speach the King may be called the Head or cheef of the Church of his countrie for that he is soueraigne lorde and ruler of bothe persons spiritual and temporal al sortes bound to obey his lawful ciuil lawes and commandementes and so in that sense is he Head of the cleargie and of al others But when in the new forme of our statute it is expreslie and distinctlie added that she is the onelie Supreame gouernour euen in al causes as vvel Spiritual and Ecclesiastical as temporal Ciuil and furthermore enacted that al iurisdictions priuiledges superiorities and preeminences ecclesiastical as by anie power spiritual haue bene or may be exercised are taken frō the Pope to whom Christ gaue them in most ample maner and are vnited or rather as they say restored by an old decree to the crowne of England this can haue no excuse nether trew or likelie sense in the world Absurdities that in sevv vppon making the temporal prince head of the Church making indeed a King and a Priest al one no differēce betwixt the state of the Church and a temporal common wealth giuing no lesse right to heathen Princes to be gouernours of the Church in causes spiritual then to a christian king it maketh one parte of the Church in different teritoires to be independent and seueral from an other according to the distinction of realmes and kingdomes in the world And finallie it maketh euerie man that is not borne in the kingdome to be a forreiner also in respect of the Church thes and a thowsand absurdities and impossibilities more doe ensue which for breuitie we omitt onelie this which is in most mens memories we may not ouerpasse that the verie same yeare that this new preeminence was giuen by lawe to the Q. and th'othe accordinglie ministred to many some hauing remorse of the matter for to auoide daunger pretended for their refusal that it seemed to them by the wordes of th'othe and acte that the Q. might minister also the Sacramētes wherunto they wolde not sweare by anie meanes Wherupon in her next visitation of the cleargie a special iniunction was printed and published by her commaundement declaring that in truth she had no such intent Marke this circle in declaration of the title and that no suche thing was implied in her title or claime of spiritual regimēt nor no other thing nor more then was before graunted to her father by the tearme of Supreame head requiring al her louing subiectes to receiue th'othe at least in that sense and so it should suffice her highnesse By which it is now cleare by ther owne authentical declaratiō that we speake no vntrewth as this libeller sayth nor abuse not the world when we say she is called and taken for the Supreame head of the Church of England albeit the thing it self being far more absurde and of more pernicious sequele then the makers of the law which were mere laymē and most of them vnlearned could then perceiue their folowers now would disauow the same For this article therfore as the famous bishoppe of Rochester Sir Thomas More and a great number more in king Henrie the 8. his dayes so did thos twoo last named martyrs and diuers others before them most gladlie and constantlie yeld vp their lyues and so consequentlie dyed for mere matter of religion onelie And to end this point we lastlie referre the aduersarie to the late Martyrdome of Cartar a poore innocent artisan who was made away onelie for printing a catholique booke De schismate in which no worde was found against the state the quarel onelie most vniustlie being made vpon a certaine clause which by no likelie honest construction could apperteine to the Q. person viz. that the Catholike religion should once haue the vpper hand of heresie and Iudith cutt of the head of Holophernes which they in their extreame ielousie and feare of all thinges wold needes wreast against her Maiestie And the place serueth here to saye some-what of the cause also of their racking of Catholiques which they wold haue strangers beleeue neuer to be done for anie point of religion Fol. 20. As for example say they in the addition to th' end of the libel none is asked by torture vvhat he beleeueth of the Masse or Transubstantiation or suche like Questions asked of catholiques vppon torture As though forsooth ther were no question perteining to faithe and religion but touching our inward beleefe Wheras in deed it concerneth religion no lesse to demaund and presse vs by torture wher in whos houses what dayes and tymes we say or heare Masse how manie we haue reconciled what we haue hard in confession who resorteth to our preachinges who harboreth catholiques and Priestes who susteineth aideth or comforteth them who they be that haue their children or pupilles in the Societie or Seminaries beyond the seas wher such a Iesuite or suche a Preist is to be found wher catholique bookes ar printed and by whom and to whom they be vttered in England which thinges being demaunded of euil intēt and to the annoyance of the Catholique cause Godes Priestes and innocēt men no man may by the lawe of God and nature disclose though he be expreslie commaunded by anie Prince in the world for that God must be obeyed more then man Yet thes were the Interrogatories for which the famous confessor M. Briant M. Briant was tormented with needles thrust vnder his nayles racked also otherwise in cruel sorte and speciallie punished by two whole dayes and nightes famine which they attribute to obstinacie but indeed susteined in Christes quarel it was most honorable constancie The like demaundes were put to the blessed martyrs Campion Sherwin and others vpon the torture M. Shirvvine and of this later namelie was asked where F. Persons and Campion were and whether he had said Masse in M. Roscarockes chamber and what money he had giuen him M. Thomson M. Thomson a venerable and learned Priest was put to tormentes onelie to get out of him to what end he kept certaine Superaltaries and wher he entēded to bestowe them The said yong man Cartar Cartar of whos martyrdome we last treated was examined vpon the racke vpon what Gentlemen or catholique Ladies he had bestowed or
could not answere of the sense or force therof nor be guiltie of anie crime towardes her Maiestie conteined in the same no nor should euer haue much thought or heard of it had not the other now reuiued the matter One or two answered that they were not so learned as to discusse ex tempore al thos matters conteined in their demaundes but that they esteemed of al in general as the holie Catholique Church teacheth which is said they the Romane Church Some said ther were or might be causes as if a Prince should fal to Apostasie Arrianisme or such like that deserued excommunication depriuation in which case the Pope might discharge the subiects from their obedience but of the Q. particular case they would not talke at al. To be short some being demaunded what they would doe or aduise others to doe if the matter should come to batail for Religion as it fel out in Ireland answered they would doe when that happened which they trusted would not so chaunce as good priests ought to doe that is pray for peace and that truth and iustice in warre might preuaile In al which you see on th' one side how carefullie al men eschewed to vtter their opinions in anie other wordes but such as could in truth no way giue offence to the Q. or state on th' other into what maruelous perplexitie the ministers and mainteiners of heresie ar brought that cannot but by such violent meanes be secure in their sect nor vphold their soule practizes against God the Church and their owne Countrie Let our Christian brethrē of al nations iudge of the causes meanes and measure of our calamities We neuer procured our Q. excommunication we haue sought the mitigation therof we haue done our allegeance not withstanding we haue answered when we were forced vnto it with such humilitie and respect to her Maiesty and Counsel as you see no man can charge vs of anie attempt against the Realme or the Princes person The vnreasonable dealing of our persecutors Yet not content with this they wil knowe what we wil doe hereafter if such or such a thing should chaunce they wil sound al the Catholiques hartes in the Realme which is more then Antichristian violēce they wil punish them as traitors by death most cruel for their onelie thoughtes Yea which God him self doth not for future faultes neuer committed nor perhappes euer like to come to passe Which search of mens future factes or intentions wherof them selues haue neither knowledge nor rule before hand is vnnatural intollerable and to common wealthes most pernicious were able to make al the Catholiques of the Realme to be wholie desperate not finding their loyal behauiour shewed in al kinde of office and seruice to their Prince sufficient to saue their liues but may be examined of thes captious and deadlie chapters of their inwarde opiniōs and purposes to come when the Magistrate or anie mans one powrable enimie list require it Especiallie now whē their vulgar ministers giue it out generallie that al thos whom they cal Papistes be in their hartes traitors and this Libeller sayth thos foresaid questions are most proper to trie them Into such thraldome of bodie and soule hath that barbarous heresie brought vs them also into thos hazardes of their state which they pretend to be the causes of thes their so extraordinarie proceedinges as may be thought were neuer before vsed nor lauful by nature or custome of anie Ciuil countrie in earth Some such demaundes the Scribes and Pharesies and other of the Iewes sectaries The proceeding of the Ievves vvith Christ proposed in times past to our Sauiour to intrap him ī speech to driue hī to vtter some treasonable wordes or cōceipt agaīst the Emperours regalitie ouer the people of God which they presumed to be euil thought of of diuers and speciallie of the better and more exact zelators of the lawe notwithstanding that ether for feare or other causes euerie one semed in al exterior offices to obey Of which tempting questions though Christ by his diuine wisdome easilie discharged him self neuerthelesse they ceased not stil to exclame Hunc inuenimus prohibentem tributa dare Caesari as others did afterward the like of S. Stephen and S. Paul and euen so now our English Saduces are not satisfied but by blood neuer resting til they haue pressed or suckt out something at least for mens intentions or other casual euentes to come that may sound against their duties to the Q. Such is our present menage of state in England into such termes are we brought of extremitie When al other pretences practizes forged crimes and false witnesses against Priests or Catholiques doe faile then are thes made iust quarels of their death and the highest treasons in the world viz to affirme vpon their vnreasonable and importune demaundes that if which God forbid the Q. by supposal should fal to Arrianisme Apostacie or Atheisme whervnto mans frailtie is subiect she might be depriued and her subiects discharged of obedience to her this is the onelie treason which they haue tried out of Catholiques Which for al that in truth cannot be treason how plainlie or voluntarily so euer it were spoken much lesse being wrested out by commandement and subtile drift of interrogatories The Libeller saieth nothing is punished in vs for question of Conscience or Religion The questiō of the Popes Supremacie a matter of Diuinitie and not of State but yet this is such in the sight of al resonable men in the world For it is a mere matter of Diuinitie if not defined for vs yet at least disputable in schoole as them selues wil confesse It concerneth the Popes supremacie and power Apostolical for which this Libeller affirmeth and repeateth often that none be endangered of life or limme in England This proposition I say or anie other equiualent to it viz. That the Pope hath power to excommunicate or depriue a Prince in case of Heresie or Apostacie and consequentlie to absolue his subiects from their othe and obedience to him or to stand in defence of them selues and the Catholique faith against him cannot be proued treason by the statute of Edward the third vpon which onelie he sayeth we be condemned for traitours Who so euer should auouch the same in anie Christian countrie in the world or in our owne countrie in the time of the said K. Edward had held the same opinion should not nor could not haue bene conuicted of treason treasonable assertion or euil affection to the Prince or countrie because it standeth with the honor and safetie of the whole common wealth and the rulers therof so far to be subiect and obedient to Christ and his Church that they count them selues no longer to stand or reigne rightfullie then they stand and reigne for the aduauncement of Gods truth and kingdome in earth which is his Church What treason had it bene to Q. Marie whos regiment for an exāple of their greefe
our cōtentmēt this Libeller so often alleageth if in scoole booke or pulpit it had bene affirmed that for Heresie or Atheisme a Prince or her self might be deposed Yf in the famous vniuersitie of Paris or honorable college of Sorbon VVhat forraine Princes accōpt of such propositions that conclusion of diuinitie were defended that the Pope in case of Heresie might censure their king would that trouble his most Christian Maiesty who desireth no longer to reigne then he doth aduaunce the glorie of Christ The like might be said of th' other great Monarch of Spaine who would not haue his owne issue which God almightie blesse succede him if it were not Catholique No more would th' Emperours sacred Maiesty no nor the Popes Holines in spiritual affaires and regiment of our soules superior to al the rest count anie of his owne subiects traitors for houlding that in case of Heresie or Apostacie he might be deposed or loose the right of his place and dignitie We aske here the Libeller by what law or custome Canon Ciuil or National of our countrie or other is this made treason Or why it should be more treason in England then in anie other place seing no lawe hitherto hath passed by authoritie against the same nor anie opinion to be compted preiudicial to anie Prince or state no assertion treasonable that is true in diuinitie for that no truth agreable to Gods lawe and mans can be contrarie to the lauful soueraigntie of anie power or potentate in earth But you wil say and that is al you can say that though the general proposition An obiection vvith the ansvver that Princes for Heresie may be deposed were true yet th'application therof to her Maiestie in particuler may be treason for that it is made high treason by act of Parliamēt in the thirtenth yeare of the Q. reigne for anie to cal her an Heretique or a Shismatique vnder paine of death To which we answere first that our affirming that she may be deposed for Heresie doth not at al auouch her to be one no more then the like assertion of the K. of Spaine would implie him to be such an one or vs to thinke him such an one and therfore if your owne conscience accuse your selues or giue you suspition that what soeuer is said toucheth you it is you that applie the general speach to your owne particuler and not we Secondlie we say that your said law may bind vs that be subiects not to speake so vnreuerentlie of her to whom God hath giuen power ouer vs in this lyfe as to cal her Heretique Infidel or Schismatique for thos be the termes of your statute though we should know her damnably to erre in Religion but the Pope is not subiect to that lawe but he may according to th' authoritie giuen vnto him determine by the lawes of God holie Church who is an Heretique and so wil the learned of forraine schooles whether you wil or no applie the definition of Heresie or of an Heretique to what person they please As for vs our brethren executed you know none euer called the Q. Heretique voluntarilie contemptuouslie or malitiouslie as your statute runneth but when they were driuen by you of set purpose to offend the lawe so to haue some quarel to make them away The malice of our persecutours in driuing and inforcing men to offend their lavves For example of your charitable and no lesse politique dealing in such matters we wil set doune the holie Martyr Iohn Nelsons case This man being brought before the Magistrate was demaunded what Religion he was of to which when he bouldlie answered that he was a Catholique they further asked what he thought of that Religion and seruice which was vsed in England and to that when he answered that he tooke it to be heretical and schismatical then quoth they what is Schisme A volūtarie reuolt said he from the Romane and Catholique Church Wel then said the Magistrate goe toe what thinkest thou of the Q. is she a Schismatique or no for of anie thing said before they had no iust pretence of law to cōdemne him of treason the man of God answered that he neuer so called her for reuerence of her highe dignitie nor could tel for that he knew not her Maiesties meaning whether this Religion were established by her special commandement and authoritie or no and therfore humblie prayed them not to vrge him wittinglie to commit anie crime wherin hitherto he had neuer offended But they would not so cease but said they could wel resolue him in that that in deed this English religion was established by her and by her mainteined the Confessor refused stil to answere saying that he knew not so much for al that of her mind cōscience but it might proceed rather of some of her ministers more then of her self in which sort as S. Augustine noteth a man may be deceaued by heretiques but yet properlie no heretique Haereticis credens non propriè Haereticus A differēce betvvene an Heretique and one that beleeueth Heretiques But because they would needes haue the poore mans death they left him not so but what say they if she were the author of this religion then whether were she a Schismatique or Heretique or no The Confessor being loth to exasperate the Prince on the one side and more loth to offend God or giue scandal on thother after he had paused a while and asked strength from aboue finallie he said if she be the setter forth and defender of this Religion then she is a Schismatique Heretique in deed And so they got the holie person into the cōpasse of their lawe for which afterward he was Martired Now we doe appeale to the equitie of al Christian people how loth our brethren be to offend by word or deed the honour of the Q. The offence of Catholiques coacted after what a shameful captious sort they be forced to doe or say that which the enemie chargeth them withal euen to death Alas it is not Catholiques that applie thos vniuersal truthes of schooles to the particuler case of our state but it is their owne vneuen driftes questiōs feares and suspicions that make them imagine and conuert al to them selues As also it is their errour in regiment wel near as may be doubted incorrigible that hath brought them selues to thes perplexities and vs to thes coacted miseries and complaints Lastlie we say that how soeuer anie one Catholique or other hath bene driuē or shal be forced hereafter to offend against the said Statute of Supremacy or Heresy or against any new law made in that behalf yet in equity they can not be pursued to death for that cause seing our aduersary protesteth here publiquely in his Libel that no other trespasses shal be obiected to vs as matter capital sauīg treasōs so made by th' olde lawes of the Realme As we for our partes eftsons doe protest and