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B02269 A collection of several treatises concerning the reasons and occasions of the penal laws. Viz. I. The execution of justice, in England, not for religion, but for treason: 17 Dec. 1583. II. Important considerations, by the secular priests: printed A.D. 1601. III. The Jesuits reasons unreasonable: 1662. Burghley, William Cecil, Baron, 1520-1598. Execution of justice in England for maintenaunce of publique and Christian peace.; W. W. (William Watson), 1559?-1603. Important considerations which ought to move all true and sound Catholikes. 1678 (1678) Wing C5192AC; ESTC R174039 70,520 139

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so to allow of the Popes said Bulls and of his Authority without exception as in obeying thereof they take themselves fully discharged of their Allegiance and Obedience to their lawful Prince and Country yea and to be well warranted to take Arms to Rebell against her Majesty when they shall be thereunto called and to be ready secretly to join with any Foreign Force that can be procured to invade the Realm whereof also they have a long time given and yet do for their advantage no small comfort of success and so consequently the effect of their labours is to bring the Realm not only into a dangerous War against the Forces of Strangers from which it hath been free above 23. or 24. years The Seditious Fugitives labour to bring the Realm into a War external and domestical a Case very memorable and hard to be matched with an example of the like but into a War Domestical and Civil wherein no blood is usually spared nor mercy yielded and wherein neither the Vanqueror nor the vanquished have cause of triumph And forasmuch as these are the most evident perils that necessarily should follow if these kind of Vermine were suffered to creep by stealth into the Realm and to spread their poyson within the same howsoever when they are taken like Hypocrites they colour and counterfeit the same with profession of devotion in Religion it is of all persons to be yielded in reason The duty of the Queen and all her Governours to God and their Country is to repel practices of Rebellion that her Majesty and all her Governours and Magistrates of Justice having care to maintain the peace of the Realm which God hath given in her time to continue longer than ever in any time of her Progenitors ought of duty to Almighty God the Author of Peace and according to the natural love and charge due to their Country and for avoiding of the Floods of blood which in Civil Wars are seen to run and flow by all lawful means possible as well by the Sword as by Law in their several seasons to impeach and repel these so manifest and dangerous colourable practices and works of Sedition and Rebellion And though there are many Subjects known in the Realm that differ in some opinions of Religion from the Church of England and that do also not forbear to profess the same yet in that they do also profess Loyalty and Obedience to her Majesty None charged with capital Crimes being of a contrary Religion and professing to withstand Foreign Forces and offer readily in her Majesties defence to impugn and resist any Foreign Force though it should come or be procured from the Pope himself none of these sort are for their contrary opinions in Religion prosecuted or charged with any crimes or pains of Treason nor yet willingly searched in their Consciences for their contrary opinions that savour not of Treason And of these sorts there are a number of persons not of such base and vulgar note as those were which of late have been executed as in particular some by name are well known and not unfit to be remembred The first and chiefest by Office was Dr. Heth that was Archbishop of York and Lord Chancellor of England in Queen Maries time who at the first coming of her Majesty to the Crown shewing himself a faithful and quiet Subject continued in both the said Offices though in Religion then manifestly differing and yet was he not restrained of his liberty nor deprived of his proper lands and goods but leaving willingly both his Offices lived in his own House and injoyed all his purchased Lands during all his natural life until by very age he departed this World and then left his House and living to his Friends an example of gentleness never matched in Queen Maries time The like did one Dr. Pool that had been Bishop of Peterborough an ancient grave person and a very quiet Subject There were also others that had been Bishops and in great estimation as Dr. Tunstal Bishop of Duresm a person also of very quiet behaviour Names of divers Ecclesiastical persons professing contrary Religion never charged with capital Crimes There were also other Dr. White and Dr. Oglethorp one of Winchester the other of Carlisle Bishops and Dr. Thurleby and Dr. Watson yet living one of Ely the other of Lincoln Bishops not pressed with any capital pain though they maintained the Popes Authority against the Laws of the Realm and some Abbots as Mr. Fecknam yet living a person also of quiet and courteous behaviour for a great time Some also were Deans as Dr. Boxall Dean of Windsore a person of great modesty and knowledge Dr. Cole Dean of Pauls a person more earnest than wise Dr. Reynolds Dean of Exeter and many such others having born Office and Dignities in the Church and had made profession against the Pope which they began in Queen Maries time to change yet were they never to this day burdened with capital pains nor yet deprived of any their goods or proper livelyhoods but only removed from their Ecclesiastical Offices which they would not exercise according to the Laws And most of them for a great time ere retained in Bishops Houses in very civil and courteous manner without charge to themselves or their friends until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm by stirring of Rebellion about which time only some of these aforenamed being found busier in matters of state tending to stir troubles than was meet for the common quiet of the Realm were removed to other more private places where such other wanderers as were men known to move sedition might be restrained from common resorting to them to increase trouble as the Popes Bull gave man fest occasion and yet without charging them in their Consciences or otherwise by any inquisition to bring them into danger of any capital Law so as no one was called to any capital or bloody question upon matters of Religion but have all injoyed their life as the course of nature would and such of them as yet remain may if they will not be Authors or Instruments of Rebellion or Sedition injoy the time that God and nature shall yield them without danger of life or member And yet it is worthy to be well marked The late Favourers of the Popes Authority were the chief Adversaries of the same by their Doctrines and Writings that the chiefest of all these and the most of them had in the time of King Henry the Eight and King Edward the Sixth either by Preaching Writing reading or arguing taught all people to condemn and abhor the Authority of the Pope yea they had many times given their Oaths publickly against the Popes Authority and had also yielded to both the said Kings the Title of supream head of the Church of England next under Christ which title the Adversaries do most falsly write and affirm that
being the lawful Queen and Gods anointed Servant not to be the Queen of the Realm charging and upon pains of Excommunication commanding all her Subjects to depart from their natural Allegiances whereto by birth and by Oath they were bound Provoking also and authorising all persons of all degrees within both the Realms to Rebell and upon this Antichristian Warrant being contrary to all the Laws of God and Man and nothing agreeable to a pastural Officer not only all the rabble of the foresaid Traitors that were before fled but also all other persons that had forsaken their Native Countries being of divers conditions and qualities some not able to live at home but in beggery some discontented for lack of preferments which they gaped for unworthily in Universities and other places some Bankrupt Merchants some in a sort learned to contentions being not contented to learn to obey the Laws of the Land have many years running up and down from Country to Country practised some in one Corner The practises of the Traitors Rebels and Fugitives to execute the Bull. some in another some with seeking to gather Forces and money for Forces some with instigation of Princes by untruths to make War upon their natural Country some with inward practises to murder the Greatest some with seditious Writings and very many of late with publick infamous Libels full of despiteful vile terms and poisoned lies altogether to uphold the foresaid Antichristian and Tyrannous Warrant of the Popes Bull. And yet also by some other means to further these intentions because they could not readily prevail by way of Force finding Foreign Princes of better consideration and not readily inclined to their wicked purposes it was devised to erect up certain Schools which they called Seminaries Seminaries erected to nurse seditions Fugitives to nourish and bring up persons disposed naturally to Sedition to continue their race and trade and to become Seedmen in their Tillage of Sedition and them to send secretly into these the Queens Majesties Realms of England and Ireland under secret Masks some of Priesthood some of other inferior Orders with Titles of Seminaries for some of the meaner sort and of Jesuits for the stagers and ranker sort and such like but yet so warily they crept into the Land as none brought the marks of their Priesthood with them but in divers Corners of her Majesties Dominions these Seminaries or Seedmen and Jesuits bringing with them certain Romish trash as of their hallowed Wax their Agnus Dei many kind of Beads and such like have as Tillage-men laboured secretly to perswade the people to allow of the Popes foresaid Bulls and Warrants The Seminary Fugitives come secretly into the Realm to induce the people to obey the Popes Bull. and of his absolute Authority over all Princes and Countries and striking many with pricks of Conscience to obey the same whereby in Process of small time if this wicked and dangerous traitorous and crafty course had not been by Gods goodness espied and stayed there had followed imminent danger of horrible uprores in the Realms and a manifest bloody destruction of great multitudes of Christians For it cannot be denied but that so many as should have been induced and throughly perswaded to have obeyed that wicked Warrant of the Popes and the Contents thereof should have been forthwith in their hearts and Consciences secret Traitors and for to be indeed errant and open Traitors there should have wanted nothing but opportunity to feel their strength and to assemble themselves in such numbers with Armour and Weapons as they might have presumed to have been the greater part and so by open civil War to have come to their wicked purposes But Gods goodness by whom Kings do Rule and by whose blast Traitors are commonly wasted and confounded hath otherwise given to her Majesty as to his Handmaid and dear Servant ruling under him the spirit of Wisdom and Power Sowers of sedition taken convented and executed for Treason whereby she hath caused some of these seditious Seedmen and Sowers of Rebellion to be discovered for all their secret lurkings and to be taken and charged with these former points of High Treason not being dealt withal upon questions of Religion but justly condemned as Traitors At which times notwithstanding all manner of gentle ways of perswasions used to move them to desist from such manifest traitorous courses and opinions yet was the Canker of their Rebellious humours so deeply entred and graven into the hearts of many of them as they would not be removed from their traiterous determinations And therefore as manifest Traitors in maintaining and adhearing to the capital Enemy of her Majesty and her Crown who hath not only been the cause of two Rebellions already passed in England and Ireland but in that of Ireland did manifestly wage and maintain his own people Captains and Souldiers under the Banner of Rome against her Majesty so as no Enemy could do more These I say have justly suffered Death not by force or form of any new Laws established either for Religion or against the Popes Supremacy as the slanderous Libellers would have it seem to be The sediticus Traitors Condemned by the antient Laws of the Realm made 200. years past but by the antient temporal Laws of the Realm and namely by the Laws of Parliament made in King Edward the Thirds time about the year of our Lord 1330. which is above 200. years and more past when the Bishops of Rome and Popes were suffered to have their Authority Ecclesiastical in this Realm as they had in many other Countries But yet of this kind of Offenders as many of them as after their Condemnations were contented to renounce their former traiterous assertions so many were spared from Execution and do live still at this day Persons Condemned spared from Execution upon refusal of their treasonable opinions such was the unwillingness in her Majesty to have any blood spilt without this very just and necessary cause proceeding from themselves And yet nevertheless such of the rest of the Traitors as remain in Foreign parts continuing still their Rebellious minds and craftily keeping themselves aloof off from dangers The Foreign Traitors continue sending of persons to move sedition in the Realm cease not to provoke sundry other inferiour seditious persons newly to steal secretly into the Realm to revive the former seditious practises to the Execution of the Popes foresaid Bulls against her Majesty and the Realm pretending when they are apprehended that they came only into the Realm by the commandment of their Superiours the Heads of the Jesuits to whom they are bound as they say by Oath against either King or Country and here to inform or reform Mens Consciences from errors in some points of Religion as they shall think meet but yet in very truth the whole scope of their secret labours is manifestly proved to be secretly to win all people with whom they dare deal
the Queens Majesty doth now use a manifest lie and untruth And for proof that these foresaid Bishops and learned men had so long time disavowed the Popes Authority many of their Books and Sermons against the Popes Authority remain printed to be seen in these times to their great shame and reproof to change so often and specially in persecuting such as themselves have taught and established to hold the contrary There were also and yet be a great number of others A great number of Lay persons of livelyhood being of a contrary Religion never charged with capital Crime being Lay-men of good possessions and Lands men of good credit in their Countries manifestly of late times seduced to hold contrary opinions in Religion for the Popes Authority and yet none of them have been sought hitherto to be impeached in any point or quarrel of Treason or of loss of Life Member or Inheritance so as it may plainly appear that it is not nor hath been for contrarious opinions in Religion or for the Popes Authority as the Adversaries do boldly and falsly publish that any persons have suffered Death since her Majesties Reign and yet some of these sort are well known to hold opinion that the Pope ought by Authority of Gods word to be Supream and only Head of the Catholick Church and only to rule in all causes Ecclesiastical and that the Queens Majesty ought not to be the Governour over all her Subjects in her Realm being persons Ecclesiastical which opinions are nevertheless in some part by the Laws of the Realm punishable in some degrees No person charged with capital Crime for the only maintenance of the Popes Supremacy and yet for none of these points have any persons been prosecuted with the charge of Treason or in danger of life And if then it be inquired for what cause these others have of late suffered Death it is truly to be answered as afore is often remembred that none at all are impeached for Treason to the danger of their Life but such as do obstinately maintain the contents of the Popes Bull afore-mentioned which do import that her Majesty is not the lawful Queen of England the first and highest point of Treason and that all her Subjects are discharged of their Oaths and Obedience Such Condemned only for Treason as maintain the effects of the Popes Bull against her Majesty and the Realm another high point of Treason and all warranted to disobey her and her Laws a third and a very large point of Treason And thereto is to be added a fourth point most manifest in hat they would not disallow the Popes hostile proceedings in open Wars against her Majesty in her Realm of Ireland where one of their Company Dr. Sanders a lewd Scholar and Subject of England a Fugitive and a principal Companion and Conspirator with the Traitors and Rebels at Rome was by the Popes special Commission a Commander as in form of a Legate and sometime a Treasurer or Pay-Master for those Wars which Dr. Sanders in his Book of his Church Monarchy did afore his passing into Ireland openly by Writing Dr. Sanders maintenance of the Popes Bull. gloriously avow the foresaid Bull of Pius Quintus against her Majesty to be lawful and affirmeth that by vertue thereof one Dr. Mooreton an old English Fugitive and Conspirator was sent from Rome into the North parts of England to stir up the first Rebellion there whereof Charles Nevill the late Earl of Westmerland was a Head Captain And thereby it may manifestly appear to all men how this Bull was the ground of the Rebellions both in England and Ireland and how for maintenance thereof and for sowing of Sedition by Warrant and allowance of the same these persons were justly condemned of Treason The persons that suffered Death were Condemned for Treason and not for Religion and lawfully Executed by the ancient Laws temporal of the Realm without any other matter than for their practices and Conspiracies both abroad and at home against the Queen and the Realm and for maintaining of the Popes foresaid Authority and Bull published to deprive her Majesty of her Crown and for withdrawing and reconciling of her Subjects from their natural allegiance due to her Majesty and to their Country and for moving them to Sedition and for no other causes or questions of Religion were these persons condemned although true it is that when they were charged and convinced of these points of Conspiracies and Treasons they would still in their answers colourably pretend their actions to have been for Religion but in deed and truth they were manifest for the procurement and mainenance of the Rebellions and Wars against her Majesty and her Realm And herein is now the manifest diversity to be seen and well considered betwixt the truth of her Majesties actions and the falshood of the blasphemous Adversaries that where the factious party of the Pope the principal Author of the Invasions of her Majesties Dominions do falsly alledge that a number of persons whom they term as Martyrs have died for defence of the Catholick Religion the same in very truth may manifestly appear to have died if they so will have it as Martyrs for the Pope and Traitors against their Soveraign and Queen in adhering to him being the notable and only open hostile Enemy in all actions of War against her Majesty A full proof that the maintainers of the Bull are directly guilty of Treason her Kingdoms and People and that this is the meaning of all these that have so obstinately maintained the Authority and contents of this Bull the very words of the Bull do declare in this sort as Dr. Sanders reporteth them PIus Quintus Pontifex Maximus de Apostolicae potestatis plenitudine declaravit Elizabetham praetenso Regni jue necnon omni quocunque dominio dignitate privilegioque privatam Itemque Proceres subditos populos dicti regni ac caeteros omnes qui illi quomodocunque juraverunt à juramento hujusmodi ac omni fidelitatis debito perpetuo absolutos That is to say Pius Quintus the greatest Bishop of the fulness of the Apostolick Power declared Elizabeth to be bereaved or deprived of her pretended right of her Kingdom and also of all and whatsoever Dominion Dignity and Priviledge and also the Nobles Subjects and People of the said Kingdom and all others which had sworn to her any manner of ways to be absolved for ever from such Oath and from all debt or duty of fealty and so forth with many threatning Cursings to all that durst obey her or her Laws And for Execution hereof to prove that the effect of the Popes Bull and Message was a flat Rebellion it is not amiss to hear what Dr. Sanders the Popes firebrand in Ireland also writeth in his visible Church Monarchy which is thus Pius Quintus Pontifex Maximus Dr. Mortons secret Ambassage from Rome to stir the Rebellion in the
Christendom with their noise and clamours of the dreadful Persecutions in England that Great man thought it not below him to write this Apology for the Execution of Justice here and to shew how reasonable just and moderate the Proceedings of the State were considering the height and insolence of the provocations and this was published in several Languages and dispersed in the Courts of Princes to undeceive them as to all the false reports of the Romish Emissaries who have taken upon them that publick Character of the Popes Ambassadors to lye abroad for his and their own advantage 2. But after that by the means of Cardinal Allen and others they had endeavoured to blast the reputation of that Apology and after the death of that great Minister of State the Secular Priests did publish their Important Considerations wherein they assert the Truth of what was said in the Apologie and vindicate the Honour and Justice of the Penal Laws which is the second Treatise here published and printed according to their own Copy and which hath been so much concealed or bought up by those of that Religion that it hath been heard of by few and seen by fewer Protestants 3. And lest any should say that all those dangerous Principles to Government are since his Majesties happy Restauration utterly disowned by them I have added a third Treatise printed by one of their own Religion 1662. which charges the Jesuitical Party so deep with those Principles and Practices as to make them uncapable of any Favour If other persons will pursue the same method in retrieving such considerable Treatises as these are they may do more service to our Church and Nation than by writing Histories themselves and I shall desire the late Apologist to set these Authors of his own Church against the petty Historians he so punctually quotes on all occasions And we have so much the more reason to consider these things since in a very late Treatise called the Bleeding Iphigenia the Irish Rebellion is defended by one of the Titular Bishops to be a just and holy War and seeing they still think it lawful what can we imagine then that they want but another occasion to do the same things THE EXECVTION OF JUSTICE IN ENGLAND For maintenance of Publick and Christian Peace c. IT hath been in all Ages and in all Countries All Offenders cover their faults with contrary causes a common usage of all offenders for the most part both great and small to make defence of their lewd and unlawful facts by untruths and by colouring and covering their deeds were they never so vile with pretences of some other causes of contrary operations or effects to the intent not only to avoid punishment or shame but to continue uphold and prosecute their wicked attempts to the full satisfaction of their disordered and malicious appetites Rebels do most dangerously cover their faults And though such hath been the use of all Offenders yet of none with more danger than of Rebels and Traytors to their lawful Princes Kings and Countries Of which sort of late years are specially to be noted certain persons naturally born Subjects in the Realm of England and Ireland who having for some good time professed outwardly their obedience to their Soveraign Lady Queen Elizabeth have nevertheless afterward been stirred up and seduced by wicked Spirits Rebellion in England and Ireland first in England sundry years past and secondly and of latter time in Ireland to enter into open Rebellion taking Arms and coming into the Field against her Majesty and her Lieutenants with their Forces under Banners displayed inducing by notable untruths many simple people to follow and assist them in their Traitorous actions And though it is very well known that both their intentions and manifest actions were bent to have deposed the Queens Majesty from her Crown and to have traiterously set in her place some other whom they liked whereby if they had not been speedily resisted they would have committed great bloodsheds and slaughters of her Majesties faithful Subjects and ruined their native Country The Rebels vanquished by the Queens Power Yet by Gods power given unto her Majesty they were so speedily vanquished as some few of them suffered by order of Law according to their deserts many and the greatest part upon Confession of their faults were pardoned Some of the Rebels fled into other Countries the rest but they not many of the principal escaped into Foreign Countries and there because in none or few places Rebels and Traitors to their natural Princes and Countries dare for their Treasons challenge at their first muster open comfort or succour these notable Traitors and Rebels have falsly informed many Kings Princes and States and specially the Bishop of Rome commonly called the Pope from whom they all had secretly their first comfort to Rebell that the cause of their flying from their Countries was for the Religion of Rome Rebels pretend Religion for their defence and for maintenance of the said Popes Authority Whereas divers of them before their Rebellion lived so notoriously the most part of their lives out of all good rule either for honest manners or for any sense in Religion as they might have been rather familiar with Catalin or Favourers to Sardanapalus than accounted good Subjects under any Christian Princes As for some examples of the heads of these Rebellions out of England fled Charles Nevill Earl of Westmerland a person utterly wasted by looseness of life and by Gods punishment even in the time of his Rebellion bereaved of his Children that should have succeeded him in the Earldom and how his Body is now eaten with Ulcers of lewd causes all his Companions do see that no Enemy he had can wish him a viler punishment And out of Ireland ran away one Thomas Stukeley a defamed person almost through all Christendom and a faithless Beast rather than a Man fleeing first out of England for notable Piracies and out of Ireland for treacheries not pardonable Ringleaders of Rebels Charls Nevill Earl of Westmerland and Thomas Stukeley which two were the first Ringleaders of the rest of the Rebels the one for England the other for Ireland But notwithstanding the notorious evil and wicked lives of these and others their Confederates void of all Christian Religion it liked the Bishop of Rome as in favour of their Treasons not to colour their offences as themselves openly pretend to do for avoiding of common shame of the World but flatly to animate them to continue their former wicked purposes that is to take Arms against their lawful Queen to invade her Realm with Foreign Forces to pursue all her good Subjects and their Native Countries with Fire and Sword for maintenance whereof there had some years before at sundry times proceeded in a thundring sort The effect of the Popes Bull against the Queen of England Bulls Excommunications and other publick Writings denouncing her Majesty
North. Anno Domini 1569. reverendum presbyterum Nicolaum Mortonum Anglum in Angliam misit ut certis illustribus viris authoritate Apostolica denunciaret Elizabetham quae tunc rerum potiebatur haereticam esse of eamque causam omni Dominio potestate excidisse impuneque ab illis velut ethnicam haberi posse nec eos illius legibus aut mandatis deinceps obedire cogi That is to say Pius Quintus the greatest Bishop in the year of our Lord 1569. sent the reverend Priest Nicholas Morton an Englishman into England that he should denounce or declare by the Apostolick Authority to certain Noblemen Elizabeth who then was in possession to be an Heretick and for that cause to have fallen from all Dominion and Power and that she may be had or reputed of them as an Ethnick and that they are not to be compelled to obey her Laws or Commandments c. Thus you see an Ambassage of Rebellion from the Popes Holiness the Ambassadour an old doting English Priest a Fugitive and Conspirator sent as he saith to some Noblemen and those were the two Earls of Northumberland and Westmerland Head of the Rebellion And after this he followeth to declare the success thereof which I dare say he was sorry it was so evil with these words Qua denuntiatione multi nobiles viri adducti sunt ut de fratribus liberandis cogitare auderent ac sperabant illi quidem Catholicos omnes summis viribus affuturos esse verùm etsi aliter quàm illi expectabant res evenit quià Cathelici omnes nondum probè cognoverant Elizabetham haereticam esse declaratam tamen laudanda illorum Nobilium consilia erant That is By which denuntiation many Noblemen were induced or led that they were boldned to think of the freeing of their Brethren and they hoped certainly that all the Catholicks would have assisted them with all their strength but although the matter happened otherwise than they hoped for because all the Catholicks knew not that Elizabeth was declared to be an Heretick yet the Counsels and intents of those Noblemen were to be praised A Rebellion and a vanquishing of Rebels very smoothly described This noble fact here mentioned was the Rebellion in the North the Noblemen were the Earls of Westmerland and Northumberland the lack of the event or success was that the Traitors were vanquished and the Queens Majesty and her Subjects had by Gods Ordinance the Victory and the cause why the Rebels prevailed not was because all the Catholicks had not been duly informed that the Queens Majesty was declared to be as they term it an Heretick which want of information to the intent to make the Rebels mightier in number and power was diligently and cunningly supplyed by the sending into the Realm of a great multitude of the Seminaries and Jesuits whose special charge was to inform the people thereof as by their actions hath manifestly appeared And though Dr. Sanders hath thus written yet it may be said by such as favoured the two notable Jesuits one named Robert Persons who yet hideth himself in Corners to continue his Travterous practice the other named Edmond Campion that was found out being disguised like a Royster and suffered for his Treasons that Dr. Sanders Treason is his proper Treason in allowing of the said Bull Persons and Campion are offenders as Dr. Sanders is for allowance of the Bull. but not to be imputed to Persons and Campion Therefore to make it plain that these two by special Authority had charge to execute the sentence of this Bull these Acts in Writing following shall make manifest which are not feigned or imagined but are the very Writings taken about one of their Complices immediately after Campions Death Facultates concessae pp. Roberto Personio Edmundo Campiano pro Anglia die 14. APrilis 1580. PEtatur à summo Domino nostro explicatio Bullae declaratoriae per Pium Quintum contra Elizabetham ei adbaerentes quam Catholici cupiunt intelligi hoc modo ut obliget semper illam haereticos catholicos vero nullo modo obliet rebus sic stantibus sed tum demum quando publica ejusdem bullae executio fieri poterit Then followed many other Petitions of faculties for their further Authorities which are not needful for this purpose to be recited but in the end followeth this Sentence as an answer of the Popes Has praedictas gratias concessit Summus Pontifex patri Roberto Personio Edmundo Campiano in Angliam profecturis die 14. Aprilis 1580. Praesente patre Oliverio Manarco assistente The English of which Latin Sentences is as followeth Faculties granted to the two Fathers Robert Persons and Edmond Campion for England the 14 day of April 1580. LET it be asked or required of our most holy Lord Faculties granted to Persons and Campion by Pope Gregory 3. Anno 1580. the explication or meaning of the Bull declaratory made by Pius the Fifth against Elizabeth and such as do adhere or obey her which Bull the Catholicks desire to be understood in this manner that the same Bull shall always bind her and the Hereticks but the Catholicks it shall by no means bind as matters or things do now stand or be but hereafter when the publick execution of that Bull may be had or made Then in the end the conclusion was thus added The highest Pontiff or Bishop granted these foresaid graces to Father Robert Persons and Edmond Campion who are now to take their Journeys into England the fourteenth day of April in the year of our Lord 1580. Being present the Father Oliverius Manarke assistant Hereby is it manifest what Authority Campion had to impart the contents of the Bull against the Queens Majesty howsoever he himself denied the same And though it be manifest that these two Jesuits Persons and Campion not only required to have the Popes mind declared for the Bull but also in their own Petitions shewed how they and other Catholicks did desire to have the said Bull to be understood against the Queen of England yet to make the matter more plain how all other Jesuits and Seminaries yea how all Papists naming themselves Catholicks do and are warranted to interpret the said Bull against her Majesty and her good Subjects you shall see what one of their fellows named Hart who was condemned with Campion did amongst many other things declare his knowledge thereof the last of December in the same year 1580. in these words following The Bull of Pius Quintus for so much as it is against the Queen is holden among the English Catholicks for a lawful sentence Harts Confession of the interpretation of the Bull of Pius Quintus and a sufficient discharge of her Subjects fidelity and so remaineth in force but in some points touching the Subjects it is altered by the present Pope For where in that Bull all her Subjects are commanded not to obey her and she being excommunicate and
deposed all that do obey her are likewise innodate and accursed which point is perillous to the Catholicks for if they obey her they be in the Popes Curse and if they disobey her they are in the Queens danger therefore the present Pope to relieve them hath altered that part of the Bull and dispenced with them to obey and serve her without peril of excommunication which dispensation is to endure but till it please the Pope otherwise to determine Wherefore to make some conclusion of the matters before-mentioned A Conclusion that all the infamous Books against the Queen and the Realm are false all persons both within the Realm and abroad may plainly perceive that all the infamous Libels lately published abroad in sundry languages and the slanderous reports made in other Princes Courts of a multitude of persons to have been of late put to torments and Death only for profession of the Catholick Religion and not for matters of state against the Queens Majesty are false and shameless and published to the maintenance of Traitors and Rebels And to make the matter seem more horrible or lamentable they recite the particular names of all the persons which by their own Catalogue exceed not for these twenty five years space Difference of the small numbers that have been executed in the space of five and twenty years from the great numbers in five years of Queen Maries Reign above the number of threescore forgetting or rather with their stony and sensless hearts not regarding in what cruel sort in the time of Queen Mary which little exceeded the space of five years the Queens Majesties Raign being five times as many there were by Imprisonment Torments Famine and Fire of Men Women Maidens and Children almost the number of four hundred and of that number above twenty that had been Archbishops Bishops and principal Prelates or Officers in the Church lamentably destroyed and of Women above threescore and of Children above forty and amongst the Women some great with Child out of whose bodies the Child by fire was expelled alive and yet also cruelly burned examples beyond all heathen Cruelty And most of the youth that then suffered cruel Death both Men. Women and Children which is to be noted were such as had never by the Sacrament of Baptism or by Confirmation professed nor were ever taught or instructed or ever had heard of any other kind of Religion but only of that which by their blood and death in the fire they did as true Martyrs testifie A matter of another sort to be lamented with simplicity of words and not with puffed Eloquence than the execution in this time of a very few Traytors who also in their time if they exceeded thirty years of Age had in their Baptism professed and in their youth had learned the same Religion which they now so bitterly oppugned And beside that in their opinions they differ much from the Martyrs of Queen Maries time for though they continued in the profession of the Religion wherein they were Christened yet they never at their death denied their lawful Queen nor maintained any of her open and Foreign Enemies nor procured any Rebellion or Civil War nor did sow any Sedition in secret Corners nor withdrew any Subjects from their Obedience as these sworn Servants of the Pope have continually done And therefore all these things well considered there is no doubt but all good Subjects within the Realm do manifestly see and all wavering persons not being led clean out of the way by the seditious will hereafter perceive how they have been abused to go astray And all strangers An Advertisement to all Princes of Countries abroad but especially all Christian Potentates as Emperours Kings Princes and such like having their Soveraign Estate either in succession hereditary or by consent of their people being acquainted with the very truth of these her Majesties late just and necessary actions only for defence of her Self her Crown and People against open Invaders and for eschewing of Civil Wars stirred up by Rebellion will allow in their own like Cases for a truth and rule as it is not to be doubted but they will that it belongeth not to a Bishop of Rome as Successor of Saint Peter and therein a Pastor spiritual or if he were the Bishop of all Christendom as by the name of Pope he claimeth first by his Bulls or Excommunications in this sort at his will in favour of Traytors and Rebels to depose any Soveraign Princes being lawfully invested in their Crowns by succession in blood or by lawful Election and then to Arm Subjects against their natural Lords to make Wars and to dispense with them for their Oaths in so doing or to excommunicate faithful Subjects for obeying of their natural Princes and lastly himself to make open War with his own Souldiers against Princes moving no Force against him For if these powers should be permitted to him to exercise then should no Empire no Kingdom no Country no City or Town be possessed by any lawful title longer than one such only an earthly man sitting as he saith in St. Peters Chair at Rome The Authority claimed by the Pope not warranted by Christ or by the two Apostles Peter and Paul should for his will and appetite without Warrant from God or Man think meet and determine An Authority never challenged by the Lord of Lords the Son of God Jesus Christ our only Lord and Saviour and the only Head of his Church whilst he was in his Humanity upon the Earth nor yet delivered by any Writing or certain Tradition from Saint Peter from whom the Pope pretendeth to derive all his Authority nor yet from St. Paul the Apostle of the Gentiles but contrariwise by all Preachings Precepts and Writings contained in the Gospel and other Scriptures of the Apostles obedience is expresly commanded to all earthly Princes yea even to Kings by special name and that so generally as no person is exempted from such duty of obedience as by the sentence of St. Paul even to the Romans appeareth Omnis anima sublimioribus potestatibus sit subdita That is Let every soul be subject to the higher Powers within the compass of which Law or Precept St. Chrysostom being Bishop of Constantinople writeth that even Apostles Prophets Evangelists and Monks are comprehended And for proof of St. Peters mind herein from whom these Popes claim their Authority it cannot be plainlier expressed than when he writeth thus Proinde subjecti estote cuivis humanae ordinationi propter Dominum sive Regi ut qui superemineat sive Praesidibus ab eo missis That is Therefore be you subject to every humane ordinance or creature for the Lord whether it be to the King as to him that is supereminent or above the rest or to his Presidents sent by him By which two principal Apostles of Christ these Popes the pretended Successors but chiefly by that which Christ the Son of God the only
Master of Truth said to Peter and his fellow-Apostles Reges gentium dominantur vos autem non sic That is The Kings of the Gentiles have rule over them but you not so may learn to forsake their arrogant and tyrannous Authorities in earthly and temporal causes over Kings and Princes and exercise their Pastoral Office as St. Peter was charged thrice at one time by his Lord and Master Pasce oves meas Feed my sheep and peremptorily forbidden to use a Sword in saying to him Converte gladium tuum in locum suum or mitte gladium tuum in vaginam That is Turn thy Sword into his place or Put thy Sword into the scabbard All which Precepts of Christ and his Apostles were duly followed and observed many hundred years after their death by the faithful and godly Bishops of Rome that duly followed the doctrine and humility of the Apostles and the doctrine of Christ and thereby dilated the limits of Christs Church and the Faith more in the compass of an hundred years than the latter Popes have done with their Swords and Curses these five hundred years Pope Hildebrand the first that made War against the Emperor An. Dom. 1074. and so continued untill the time of one Pope Hildebrand otherwise called Gregory the Seventh about the year of our Lord 1074. who first began to usurp that kind of Tyranny which of late the Pope called Pius Quintus and since that time Gregory now the Thirteenth hath followed for some example as it seemeth that is Where Gregory the Seventh in the year of our Lord 1074. or thereabout presumed to depose Henry the Fourth a noble Emperour then being Gregory the Thirteenth now at this time would attempt the like against King Henry the Eighth's Daughter and Heir Queen Elizabeth a Soveraign Queen holding her Crown immediately of God And to the end it may appear to Princes or to their good Counsellors in one example what was the fortunate success that God gave to this good Christian Emperour Henry against the proud Pope Hildebrand it is to be noted that when the Pope Gregory attempted to depose this noble Emperour Henry there was one Rodulph a Noble man by some named the Count of Reenfield that by the Popes procurement usurped the name of the Emperour The Judgement of God against the Popes false erected Emperour who was overcome by the said Henry the lawful Emperour and in fight having lost his right hand he the said Rodulph lamented his case to certain Bishops who in the Popes name had erected him up and to them he said that the self-same right hand which he had lost was the hand wherewith he had before sworn obedience to his Lord and Master the Emperour Henry and that in following their ungodly Counsels he had brought upon him Gods heavy and just Judgments And so Henry the Emperour prevailing by Gods power Pope Gregory the Seventh deposed by Henry IV. caused Gregory the Pope by a Synod in Italy to be deposed as in like times before him his Predecessor Otho the Emperour had deposed one Pope John for many hainous crimes and so were also within a short time three other Popes namely Sylvester Bennet and Gregory the Sixth used by the Emperour Henry the Third about the year of our Lord 1047. for their like presumptuous attempts in temporal actions against the said Emperours Many other examples might be shewed to the Emperours Majesty and the Princes of the holy Empire now being after the time of Henry the Fourth as of Henry the Fifth Henry 5. Frederick 1. Frederick 3. Lewis of Banar Emperours and after him of Frederick the First and Frederick the Second and then of Lewis of Bavar all Emperours cruelly and tyrannously persecuted by the Popes and by their Bulls Curses and by open Wars and likewise to many other the great Kings and Monarchs of Christendom of their noble Progenitors Kings of their several Dominions whereby they may see how this kind of tyrannous Authority in Popes to make Wars upon Emperours and Kings and to command them to be deprived took hold at the first by Pope Hildebrand though the same never had any lawful example or warrant from the Laws of God of the Old or New Testament but yet the successes of their tyrannies were by Gods goodness for the most part made frustrate as by Gods goodness there is no doubt but the like will follow to their confusions at all times to come And therefore as there is no doubt but the like violent tyrannous proceedings by any Pope in maintenance of Traiters and Rebels would be withstood by every Soveraign Prince in Christendom in defence of their Persons and Crowns and maintenance of their Subjects in Peace so is there at this present a like just cause that the Emperours Majesty with the Princes of the holy Empire Whatsoever is lawful for other Princes Soveraigns is lawful for the Queen and Crown of England and all other Soveraign Kings and Princes in Christendom should judge the same to be lawful for her Majesty being a Queen and holding the very place of a King and a Prince Soveraign over divers Kingdoms and Nations she being also most lawfull invested in her Crown and as for good governing of her People with such applause and general allowance loved and obeyed of them saving a few ragged Traiters or Rebels or persons discontented whereof no other Realm is free as continually for these twenty five years past hath been notably seen and so publickly marked even by strangers repairing into this Realm as it were no cause of disgrace to any Monarchy and King in Christendom to have her Majesties felicity compared with any of theirs whatsoever and it may be there are many Kings and Princes could be well contented with the fruition of some proportion of her felicity And though the Popes be now suffered by the Emperor in the Lands of his own peculiar Patrimony and by the two great Monarchs the French King and the King of Spain in their Dominions and Territories although by other Kings not so allowed to continue his Authority in sundry cases and his glorious Title to be the universal Bishop of the World The Title of universal Bishop is a Preamble of Antichrist which Title Gregory the Great above nine hundred years past called a profane Title full of Sacriledge and a Preamble of Antichrist yet in all their Dominions and Kingdoms as also in the Realm of England most notably by many ancient Laws it is well known how many ways the tyrannous Power of this his excessive Authority hath been and still is restrained checked and limited by Laws and Pragmatiques both ancient and new a very large field for the Lawyers of those Countries to walk in and discourse And howsoever the Popes Canonists being as his Bombarders do make his Excommunications and Curses appear fearful to the multitude and simple people yet all great Emperours and Kings aforetime in their own cases
England I say all such Benefices and Collations belong more to the King than to the Pope For it being clear that the Offices to which Benefices are annexed are to be provided of able men and who are able men one can tell that understand not the Office 't is plain that Secular Clergy-men ought to be the chusers of Officers of their kind Regulars of Regular Superiors and by consequence the Donors of such Benefices But the people first got an influence on the chusing of Bishops because 't was rationally believed those would be able to do most good who were in the peoples good liking But when Bishops grew to have great Revenues and to be esteemed men of so high Quality in the Common-wealth the Emperors and Kings began to cast an eye on their Election and not without reason for it concerns them that none be in eminent places but such as they are secured of will breed no disturbance in the Common-wealth After this if any Clergy-man had done the King service he found in the best way of recompence to cause him to be chosen into a place of Authority and Eminency The Popes title to the giving of Benefices began by his Office of Patriach of the West which since the Council of Nice he more narrowly looked to the government of exhorting and correcting by Letters such Bishops and Churches there as did not their duties And this held till Pepin found how efficacious the reverence of the Pope was to make him obeyed and accepted for King of France Since which time whether for Ambition or for security sake men began to think no Act firm unless it were ratified at Rome In times following the Popes began to have need of Christian Princes and these found it the sweetest way to help the Popes by granting imposition upon the Clergy So came the first-fruits to the Popes and to assure those Incomes the custom of having Bulls from Rome to confirm the Elections of the Clergy was likewise introduced So that this Authority of the Popes comes from the Princes Agreements with them and not from any Superiority or Power of the Popes Wherefore these Agreements being by time and essential changes annulled all giving of Benefices belong to the Chusers and the King I come now to the close If your renouncing of Benefices make you less subject to the Pope as you pretend it makes you in England less subject to the King And if it makes you more hardly rewardable and more pressing on the Pope it will make you the like to Kings As in Leopold's time you were so wholly the means for coming to Benefices that hardly a command from Spain could take place for any that was not your Confident 11. My Eleventh Doubt is how you answer your banishment out of France and Venice viz. that Both these States have repealed their Acts. Which answer makes nothing to this that you either did not deserve the sentence or deserved to have it released one of which any judicious man would have expected at your hands Now to come to particulars the Venetians were so resolute against you that they made it Treason for any of their State so much as to motion your return and refused divers Princes intercessions for you Till their case reducing them to fear the slavery of the Turk if they had not the Popes assistance promised them largely if they would re-admit you they rather chose to struggle with your Treasons at home than admit the Barbarians conquest of their Dominions Whether they have cause to repent or not I know not But the current news at this present is that the Pope who procured your admittance has having found you so unfaithful to him notwithstanding all his love to you insomuch that he 's about question you by what means you are so suddenly raised to so great wealth wherein I fear he 'l not find obedience so ready as he found flattery when he was to pleasure you Your measure in France was indeed hard the fault being not proved to be universal but particular and so in divers places was never executed and easie to be repealed having proceeded more out of presumption than proof But your case in England is far different your whole English Congregation following their Head Parsons and maintaining his Acts even since his Death 12. My Twelfth Doubt is concerning your conclusion Whether you intend to mend what hitherto you have done amiss or rather to persist in your Equivocations and Dissimulations For first whereas you being the chiefly or only suspected Body are therefore bound to offer more satisfaction than others you make your Proposition to submit to whatever all other Catholick Priests shall agree to which sounds as much as if any disagree you will adhere to them or in plain terms that you 'l agree to no more than by shame you shall be forced to for not plainly appearing the worst of Priests and Enemies to the Catholick Cause 13. My Thirteenth Doubt is why you pretending to be the greatest Divines among Catholicks remit your selves to the determinations of others and not as good Subjects ought examine what satisfaction is necessary and fit to be given the State and both offer it your selves and provoke others to do it not standing so scrupulously upon your generals decree which surely should not be thought to bind in such extreme cases even the Laws of the Church and of general Councils we know oblige not where our obedience would ruine us and will you still more precisely observe your own By-Laws than the sacred Canons of the Universal Church Methinks therefore in due satisfaction concerning the pretences of the Pope against the King whatever Catholick Doctors hold favourable to Princes in these differences should by you be gathered together and subscribed and promised to be maintained with all your power As first the Doctrine which denies that the Pope has any Authority in any case to depose or temporally molest the King or any of His Majesties Subjects Likewise that he has no Authority to release any lawfully made Oath of Allegiance or other promise to his Majesty or any of his Subjects And because none of these or the like assertions can be strong and firm in the mouth of him that holds the Pope's Infallibility in determining points of Faith but whenever the Pope shall determine the contrary he must renounce what before he held for good therefore you should do the like in respect of the Pope's Infallibility Moreover because if the Pope by his own or any others Authority may force his Majesties Subjects to go into Countries where they cannot enjoy the protection of their Prince the Subjects are not free to maintain these assertions therefore this Position also that a Subject to England is bound to appear before any foreign Tribunal without His Majesties consent is also to be condemned Nor is it less necessary you should expresly renounce the Doctrines of Equivocation and Mental Reservation without which all the