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A09106 A quiet and sober reckoning vvith M. Thomas Morton somewhat set in choler by his aduersary P.R. concerning certaine imputations of wilfull falsities obiected to the said T.M. in a treatise of P.R. intituled Of mitigation, some part wherof he hath lately attempted to answere in a large preamble to a more ample reioynder promised by him. But heere in the meane space the said imputations are iustified, and confirmed, & with much increase of new vntruthes on his part returned vpon him againe: so as finally the reconing being made, the verdict of the Angell, interpreted by Daniel, is verified of him. There is also adioyned a peece of a reckoning with Syr Edward Cooke, now L. Chief Iustice of the Co[m]mon Pleas, about a nihil dicit, & some other points vttered by him in two late preambles, to his sixt and seauenth partes of Reports. Parsons, Robert, 1546-1610. 1609 (1609) STC 19412; ESTC S114160 496,646 773

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6. His first reason of Impossibility and that confessed as he saith by me is for that Catholicke subiectes do belieue that in some cases there is power left by God in the Church and head therof the Bishop of Rome ouer Princes to vse not only spirituall Censures for restraint of exorbitant excesses but temporall remedies also eyther directly or indirectly when vrgent necessity of the Common-wealth should require and no other sweeter meanes could preuaile Wherof M. Morton will needs inferre that our combynation in ciuill concord and obedience to our temporall Prince can not stand no more sayth he then Iewes and Iebuzites in one kingdome Isaac and Ismael in one house Iacob Esau in one ●ombe and then a litle after that our concord sta●deth of no more possibility then Pope no Pope Kings Supremacy and not Supremacy which opposites saith he can neuer be reconciled togeather Wherto I answere that in beliefe and doctryne they cannot be reconciled but in cyuill life and conuersation and practice of due temporall obedience they may be no lesse for any thing touching this point then if they were ●ll of one Religiō i● such make-bates as these would ●ease to set sedition for that all Catholicke subiects also of other Countryes do hold and acknowledge this doctryne without any preiudice at all of their fidelity affection or dutifull Allegiance towardes their Soueraigne Princes liege Lordes though ther be sundry cases wherin their said Princes may be ob●oxious to the execution of this doctryne besydes difference of Religion which one poynt of different Religion this Stickler doth only vrge in this our ca●e as most odious 7. But i● all those Christian Princes that haue bin censured by the Church frō Christes tyme downeward were layd togeather whether Emperours Kings or others the far greater part of them would be found to haue byn chastised and pursued not so much for any difference of Religion as for other causes and crymes And if we looke vpon our tymes since Protestant Religion hath byn named in the world we shal fynd only two to haue beene proceded against by the Church and many other neuer touched as the King of Denmarke the Intruder of Suetia the Duke of Saxony the Count Palatine of Rhene the Marques of Brandeburge and diuers other Princes and States as also those of Holland and Zeland and lastly his Maiestie that raigned aboue 30. yeares in Scotland professing Protestant Religion and now some good number of yeares in England without that any Pope hath gone about to vse that authority against them which is heere made by M. Morton so perilous and pernicious as though it were impossib●e for his Kingdome and Crowne to be in safety while this doctrine is beleiued or extant in bookes which being throughout all Christendome receiued by the whole Catholicke world will be hard for the Minister to remoue or extinguish cōsequētly he laboureth but in vaine or rather far worse then in vaine endeauoring to intangle his Princes mind with a perpetuall restles remediles iealosy suspitiō solicitude impossible euer to be cured as himselfe striueth to proue by those his impossibilityes though they proue not indeed the point it selfe which he would perswade that there is no meane of ciuill quiet vnion in life whilest this doctrine of the Popes authoritie is belieued of his subiects 8. His other two next reasons of impossibilitie for he hath foure in all are so obscurely and intricately set downe as if he vnderstand them himself it is much in my opinon for as for me I confesse I see not what inference can be made out of them though I haue perused them ouer with much attention more then twice and the same I suppose the common Reader will say when he hath in like manner considered of them For they concerne onely the excōmunication of Q. Elizabeth and of King Hēry the fourth of France which Censure was promulgated by two seuerall Popes of this our age and consequently the doctrine is dangerous saith he But I haue shewed now that more then three times so many Protestant Princes were tolerated by other Popes how thē do these two examples inferre so generall a necessitie of disobedience in all Catholicke subiects yea and an impossibilitie of the contrarie that they can be obedient ● His fourth and last reason of impossibility ● wherin saith he may be obserued a sport●ull or rather ex●crable impostureshipp of P. R. consisteth in this that wheras I do write in my Treatise of Mitigation that ●ut of Catholicke doctrine concerning Papall au●hority in some cases to wit when we talke what ●opes may absolutly do M. Morton argueth and will ●eedes inferre that such such great dangers may ●●sue to Princes thereby I do answere him thus ●hat all this arriueth but to a may so as the questi●n being but de fu●uris contingentibus of things continent and to come wherof the Philosopher sayth ●●ere is no● s●iēce all remaineth in doubtfull vncer●●inty but only the suspitiō enuy hatred which ●●e Minister would rayse against vs. But on the con●●ary what the Protestāts doctrine hath donne and ●oth at this day against lawfull Princes in their ●●almes their armies do shew c. This in effect I ●id then and vpon this M. Morton entreth now into ●reat choler saying not only that this my answere 〈◊〉 an execrable impostureshipp as before you haue heard ●ut also he further breaketh into these patheticall ●ordes of ridiculous exaggeration I cannot laugh saith ●e for wonder horrour to see any English man conceyt so basely 〈◊〉 the wits worth of his Countrymen as to imagine they could 〈◊〉 del●ded with so senslesse so shamelesse so pernicious so impi●● a mitigation as this is to be persw●ded therefore not to ●●bour ●or preuen●ing ensuing dangers because they be contin●ent that is such as may happen what can be more senseles Do you see this mans heat and do you marke how ●ocond and prachant he is when he getteth a little matter wherat he may make a shew to speake somewhat probably 10. Heere then he inueigeth and insulteth against me as though I did hold that there were no prouidēce or care to be had of future perills that are contingent saying Doth not nature in beasts reasō in man precept of God teach vs the law of prouidence euen th●rfore to ●eeke to preuent ensuing dangers because they are contingent and may be hera●ter But M. Morton doth either willfully mis●ake me or els I cannot conceyue so well of his wit and worth as he would haue me if he vnderstand me not For I doe not dispute against prouidence in generall in things that are contingent and may fall out for I know con●esse that prouidence is a principall part of the high vertue of prudēce surnamed Cardinall wherby man is likned to God surpasseth all other terrene cre●tures yet say I therwithall that it
must go accōpanied with iudgemēt discretion and moderation which are other branches also of the same most excellent vertue of prudence For if they be wanting they do make prudēce vnprofitable yea oftentimes pernicious turning it into malignant suspitions mistrustfullnesse frights feares iealosies other like effects which do worke the greatest infelicitie that in the world can be imagined And of these pestilent effects are efficient causes for the most part in Princes the cunning sycofancy subtility malitious informations suggestions eggings of flatterers makebates about thē who for their owne gaine priuate endes care not what seedes of iealosyes they sow in Princes heades against others so they may reape fauours thē selues by seeming to be prouident and ben●uolous no● do they weigh what eating and consuming cares and sollicitudes they plant in the mindes of their Maisters so themselues may rest at ease as one said well of Dionysius the King of Sicily his spye when after supper he had secretly filled his Princes head with many false imaginations and iealosies himselfe went merily to the tauerne and after liberall drinking he slept soūdly all that night but his Lord going to bed could sleepe nothing at all 11. But to returne to our present case I doe not denie nor euer did that due prouidence prouision ought to be held for ●uture cases as M. Morton doth heere most vntruly affirme theron fraudul●ntly doth found his whole discourse but my saying is that it must haue due limitts least it become hurtfull to witt a vaine vexing iealosie I say morcouer that euery may be is not a m●st be to fill Princes eares with possibilities onely of dangers without some particuler circumstāces of probabilities or credibilities is an officious wounding them vnder pretence of fawning good will As for example if one should doe nothing els but lay before his Maiestie that now raigneth the disasters and perills that haue happened to his nobl● aunce●●ors in our Land without ●urther particuler ground of likelihood against himselfe but onely that they haue happened and therfore may happen againe it were an importune babling King VVilliam Ru●us was slaine in hunting his elder brother Richard as also his nephew of the same name sonne of Robert Duke of Normandie had like disasterous ends in hunting therfore his Maiesty must hunt no more The children of King Henry the first were drowned on the sea therfore no more Princes children must passe the seas vpon no occasion Some Kinges of England were pursued by their owne Children as King Henry the second and ●dward the second and the last also by his wife the Queene there●ore his Maiestie must stand in iealosie of his owne bloud King Stephen King Richard the secōd Edward the second Henry the 6. and some others are thought to haue bene betrayed by some of thei● owne Counsellours and King Iohn was pursued by his owne Barons and Nobility therfore his Maiesty at this day must rest in iealosie both of the one other sort of subiectes do not you see how farre this lyeth open to iniurious calumniation and sedition 12. But I will giue an example more proper yet to the matter If a seditious fellow in England that had great authority with the people and small affection towards the Prince should continually cry and beat into their heads that they looke well about them and stand vpon their guard for that their King may abuse his Authority and become a Tyrant and may oppresse them at his pleasure when they thinke not of it alleadging no other probabilities and arguments of likelihood but only that he may do it or that some such thing hath fallen out before as here M. Morton doth against the Popes authority and Catholickes that acknowledge the same and when any one should say to that turbulent fellow pretending to be so studious of the Common-wealth and iealous of the Kings proceedings that he vrgeth only a may be and that there is no great likelihood of any will be or that such euents will follow as he threatneth and draweth into suspition he should fall into choler rage as M. Morton doth saying that he cānot laugh for wonder horror to see any Englishman conceyte so basely of the wittes and worth of his count●eymen as to imagine that they can be deluded with so senseles so shameles so perniciou● so impious a Mi●iga●ion as this is not to preuent ensuing dangers c. And yet further that this is a stupi●ying receipt casting the state and people into a slumber of not regarding ensuing dangers c. 13. This exclamation I say of this troublesome fellow that would put in iealosie the people and Common-wealth against their King or Monarch only vpon a may be or possibilitie were it not iustly to be reprehended Were not the partie to be cast out as a tumultuous make-bate But he will say pe●hapes that there is more then may be in this our case there want not probabilities and nearer arguments of intended troubles These then if you please let vs examine breifly and see of what weight or worth they are 14. And truly in this point I see not what probabilities there may be in reason to perswade his Maiestie that his Catholike subiects would not liue quietly and confidently vnder him if they might ●e vsed as subiects and haue that Princely and Fa●herly protection from him which both lawes do ●llow to freeborne subiects and they may hope and ●xpect from his benignity where no personall or ●ctuall delict shall haue made thē vnworthy therof There are now no quarrels or differēces of titles no ●ed Rose or white no Lancaster or Yorke within the ●and to draw men into partes or factions or passionate courses his Maiestie hath vnited both Realmes ●ogeather is the sonne and heire of the most dearest Princesse vnto English Catholickes that euer li●ed in many ages hath goodly issue of his owne which our Lord blesse is setled in his Crowne ioy●ed in frēdship and league with all Princes in Chri●tendome round about him both of the one and ●he other Religion hath beene hitherto beloued ●nd highly esteemed for many yeares though a Protestant Prince euen by the very spirituall Head himselfe of Catholicke Religion what cause then what reason what motiue what hope what probability may English Catholickes haue to seeke or attēpt alte●ations in State if any tolerable cōdition of Christian subiects may be permitted vnto them 15. I will not adde the experience of so many ages throughout Christendome and of ours that is present nor the comparison or antithesis betweene the doctryne and practice of Catholicke and Protestant subiects in this behalfe which I haue handled more largely in my former treatise tending to Mitigation and well knowne and experienced also by his Maiestie in sundry pointes occasions only I must say that M. Morton here hath dealt very partially in that he taking vpon him to lay before his
Maiesties eyes and those of the State so many dangers imminent from Catholickes as he pretendeth both in respect of their doctrine multitude auersion of mindes and other like causes he leaueth out the other opposite part of the Puritanes that haue farre worse doctrine without comparison in this behalfe as I shewed out of their owne bookes he should haue yealded or answered the same if he had dealt indifferently they are more also in number g●eater in abilitie in respect of their offices which they beare in the Common-wealth and of their combination with those of Scotland Holland and other places nearest at hand their armes more prompt ready their wealth better knowne their practises more dangerous and their auersion more impati●nt and yet I say not this to accuse them of euill intent but only that they haue as great a may and greater then Catholickes which M. Morton ought to haue seene and noted if he would haue beene the common watch-man and explorator But his malice was to the Catholickes and so vpon them he laieth all but yet with so silly a discourse as sheweth rather will then skill to hurt them crying out as you haue heard going about to proue that imminent dangers in law of prouidence are not to be neglected which thesis as it is not denyed by vs very poorely proued by him so for the hipothesis that such dāgers are imminent by Catholickes to the State no one argument of moment is alleadged at all The Reckoning of this Paragraph 16. So as if we will now make vp briefly the Reckoning of this Paragraph we shall fynd by due accompt that M. Morton of all those thinges that I wrote in my booke about the matter of Rebelli●n clearing the Ca●holickes both in doctrine practice for diuers Chapters togeather and shewing the Protestants to exceed them farre to the worse in both poynts he hath thought good to handle no one poynt at all as reasō would that he should haue done in this his last Reply but only in generall that which you heard of certayne impossibil●yes for Catholicke and Protestant subiectes to liue in vnion and common due obedience to his Maiestie of which impossibilities the fourth chiefest is that which you haue heard discussed of may be and the fifth and last is for that we hould it lawfull to equiuocate or not to answere directly before an incompetent Iudge that iniuriously inquireth and that we hold the lay Magistrates of England incompetēt Iudges to examine Priestes which may be as good an argument to proue that lay men and Priests cannot liue togeather in Spayne Italy other Catholicke Countries for that there also the said lay men are incompetent Iudges in Clergy mens causes and so are Clergie men themselues if they haue not lawfull iurisdiction or proceed not lawfully So as this is the most trifling Impossibility that possibly can be deuised 17. To conclude then the Case is thus M. Morton and I would gladly each one of vs perswade his excellent Maiestie in this poynt of confidence or diffidence towards his Catholicke subiects I for cōfidence do alleadge that albeit such due prouidence and circumspection be to be vsed both towards thē others as all dangers may sufficiētly be preuented yet that so great and remarkable a multitude of his naturall borne subiects as they are spread and dispersed not only throughout the bulke and body of the whole people but also by one veine or other extending it selfe to most of the Nobility and Gentry in like sort should not for cause of their conscience be put to extremity of despaire but held at least in some reasonable and moderate tearmes of ciuill equity though otherwise disfauoured for their Religion M. Morton seemeth to runne the quite cōtrary course with his opposite desires and reasons to haue all diffidence increased impossibilities vrged that they cannot liue togeather despaires confirmed of any tolerable condition whatsoeuer except they force change their iudgment and beliefe in religion with neuer so much repugnance of their conscience detesteth any mitigation or moderate interpretation of matters that all must go by way of extremity 18. And now which of these two courses do rūne to a more sure soft and milder end the prudent Reader will easily conceiue My considerations are the vnion of harts within the Land● the auoyding of extremities the strēgth of our Country at home the honour and estimation abroad the quietnes of his Maiesties minde the vniuersall affection of all his people though different in religion the auoyding of the odious name of persecution example of foraine Protestant Princes that vse it not the continuance of high estimation that forraine Catholicke Princes haue had hitherto of the benignity prudence and bounty of his Maiesties nature the preuenting of clamors writing of bookes and odious speaches throughout all Courtes Countryes Citties Prouinces Realmes that will most certainely ensue vpon the contrary course of violent rigour and cruelty engendring euery where hatred detestation and malediction abroad suspitions execrations and auersions at home 19. These are my considerations and whether my aduersary M. Morton haue better for his contrary perswasion I know not wee shall expect the comming forth of the body of his booke for this his Preamble is but the head therof though a great head being of aboue three score leaues in 4. and of litle wit as partly hath appeared by that which already hath bene perused will do much more by that which is to ensue WHAT M. MORTON answereth about the later part of my Treatise concerning Equiuocation §. II. IN the precedent Paragraph you haue heard what M. Morton had to reply about the first mayne poynt of Rebellion now commeth he to the second of Equiuocation writing some 3 petty leaues therof but with so great an ostentation vaunt at his first entrance as if he would do great matters indeed for thus intitleth he his Paragraph That P.R. hath flatly ouerthrowne his whole defence of mentall Equiuocation which is made so euident as that no wit of man can possibly excuse him This you see is confidently spoken and very magnificently of himselfe and his witt that he hath made thinges so plaine and euident against my Treatise as no wit of man hath possibility eyther to defend or excuse me Heere then the Reader will take some examen of witts for albeit I desire not to render wordes for wordes yet must I needs foretell that he will fynd as great want of wit discretion in this bragge and in the medium here chosen to ouerthrow my whole Treatise as euer perhaps he found in any man prefessing wit and learning 21. And yet the good man goeth forward in those his oftentations stir●ing vp attention to the view of his owne weaknes and folly for that hauing layd sorth in few wordes my assertion concerning lawfull Equiuocation to wit that it is a speach partly vttered in wordes
satisfyed in one speciall point of my Epistle to the second part of my Reports where I affirmed that yf the ancient Lawes of this noble ●and had not excelled all others speaking of humane it could not be but some of the seuerall Conquerours ●ouernours therof that is to say the Romans Saxons Danes or Normans and especially the Romanes who as they iustly may do boast of their Ciuill Lawes would as euery of them might haue altered or chang●d the same And sayth he some of another pro●●ssion are not persuaded that the Common Lawes of England are of so great antiquity as there superla●iu●ly is spoken So he And in these last words I presume he vnderstood the Deuine that impug●ed this excessiue imaginary antiquity of our Municipall ●awes in his Answere to the Reports and Syr Edward hauing seene the same should in reason haue answered somewhat therunto if he had byn prepared for it 30. But he thought that course not best but rather to help himselfe with the pretend●d authority of Syr Iohn Fortescue chiefe Iustice of England in the Raigne of King Henry the 6. saying that he was a great Antiquary he was a notable man indeed though more as it seemeth in the skill of our Common Lawes then in matters of Antiquity out of whome Syr Edward to help his cause and assertion citeth the words following As touching the antiquity of our Common Lawes sayth he neither are the Roman Ciuill Lawes by so long continuance o● ancient tymes confirmed nor yet the La●es o● the Venetians which aboue all other are repor●ed to be of most antiquity ●or so much as their Island in the beginning of the Britans was not then inhabited as Rome also then vnbuilded neither the Lawes of any Nation of the world which worshipped God are of so old and ancient yeares wher●ore the contrary is no● to be said nor thought but that the English customes are very good yea o● all other the very best Thus he if he be rightly cited for I haue not his booke by m● 31. And though I do respect and reuerence both these mens professions and much more their state place of Iudges yet doth force of truth oblige me to contradict their errour which seemeth to me very grosse and palpable or rather their errours and mistakinges in sundry points here downe As first in that yt is auerred that the Ciuill law and Roman lawes are not of so long continuance of ancient tymes as the anciēt Municipall Lawes of England are which he goeth about to proue by two seuerall meanes wherof both do conteine aswell falsyties as absurdities if I be not greatly deceiued therin 32. His ●irst meanes of proofe is ●or that in the beginning o● the Britans Rome was then vnbuylded and conquently that the British Lawes are more ancient then those of the Romans And then supposing further that those British Lawes which were in the beginning of the Britans were neuer changed but rec●iued in England f●ō time to time haue indured to our dayes are the Common Lawes of our Realme at this day Wherin there are many suppositions as yow see strange to heare but harder in my opinion to be proued As first that the Britans in their beginning euen before Rome was buylt had such good Lawes as the Romans in Englād seauen hūdred years after the said building of Rome were cōtent to accept for their Lawes in that land And the lyke after them the Saxons other Cōquerous people that ensued which is such a paradox vnto men of reason learning as the very naming therof cannot but cause laughter For albeit the British nation be more ancient then the Roman according to the Story of Geffrey Monmouth that affirmeth thē to discend from Brutus a Nephew of Aeneas from whom Romulus the founder of Rome some ages after descended and that they were a valiant warlike nation from the beginning yet that they had such good politicke and ciuill Lawes themselues being vnciuill in those dayes is a matter incredible which I proue thus That wheras the Roman Lawes began from Romulus himselfe from Numa Pompilius other ancient Law-makers among them and this soone after the building of Rome I meane the more older Lawes of the twelue Tables and the lyke continued from tyme to tyme afterwards vntill the cōming of Iulius Caesar into Britany which was aboue 600. yeares after Rome was built aboue a thousand after Brutus had byn in England in which tyme yt is probable that the British Lawes would haue growne to greater perfectiō thē they were in the beginning yet I say that the said Lawes customes of the Britans are recorded to be such in Iulius Caesar his daies set downe by his owne penne as also by the writings of diuers other Roman Greeke Authors that succeded for two or three hundred years after him as must needs be incredible that they should be continued by the Romans Saxons and other people that followed them And then if they were such and so rude so many ages after their beginning what may we imagine they were at their very begynning it selfe which was a thousand yeares before from which tyme our two Knights heere do inferre their antiquity and eminency aboue the Roman Lawes 33● Let vs see then what ancient Histories do report of the British Lawes and Customes in Iulius Caesar his tyme and afterwards Caesar the Roman-Captaine hauing made two iourneys into England and informed himselfe diligently about the Lawes and Customes of the Brytans in those dayes which was about 60. yeares before the Natiuity of our Sauiour setteth downe many things of their small policy in that time As first the description of their manner of consultations in their warre wherin he sayth that in commune non co●sulunt they haue no common Counsells and then describing the chiefe Citty of the Realme where their K. Cassiuelā that was head of all the rest had his Court Counsaile somewhat about the Thames though not where London was afterward built he sheweth that it was in a wood and that the walles were trees cut downe round about insteed of fortresses within which they inclosed both themselues and their Cattle and this was the symplicity of that tyme. 34. After this he setteth downe many Lawes and customes of theirs farre vnfit to be receiued by the Romans other people after them as Nummo aereo aut annulis ferreis ad certū pondus examinatis pro num●o vtebantur Their money was of brasse and rings of yron giuen out by weight And then againe that they had a law and custome luto se inficere quod caeruleum efficit color●m to paint themselues with a certaine earth that made a blew colour And Solinus wryting more then an hundred yeares after Caesar againe sheweth this law and custome to haue byn so inuiolable among them in his dayes that the very Children had the figures and shapes
of thē but cōmeth in with an impertinent instance that there was a prohibition of Appeales made vnder King Henry the second by Act of Parliament in the tenth yeare of his Raigne whereas yet there was no Parliament in vse nor Statute law was begone vntill the 9. yeare of King Henry the third which was aboue 60. yeares after as appeareth both by the Collection of Iustice Rastall and other Law-bookes 76. I do not deny but that King Henry the second entring into passion against S. Thomas Archb. of Canterbury made a decree at a certayne meeting of the Nobility at Claringdon rather moderating as himselfe pretended then taking away Appeales to Rome not denying that they ought to be made in respect of the Popes supreme authority Ecclesiasticall but for restrayning of abuses in appealing thither without iust cause or necessity especially in temporall affaires he ordeyned that matters should first orderly be handled in England in the Bishops and Archbishops Courtes and if that way they could not be ended they should not be carried to Rome without the Kings assent which declaratiō of the kings intention is set downe by Roger Houeden out of the Epistle of Gilbert Bishop of London to Pope Alexander the third written by the kings own Commission which not being admitted afterward by the said Pope the king recalled the same with an Oath vnder his owne hand wherof the said Houeden writeth thus Iurauit etiam quòd neque Appellationes impediret neque impediri permitteret quin liberè fierent in Regno suo ad Romanū Pontificem in Ecclesiasticis causis He swore also that he would neither let Appellatiōs nor suffer them to be letted but that they might be made in his kingdom to the Bishop of Rome in causes Ecclesiasticall c. 77. All which things could not but be knowne to Syr Edward before he wrote this his Preface and that the Catholicke Deuine in his āswer to the fifth part of his Reports had produced so many euident arguments and probations that King Henry the 2. was most Catholick in this point in acknowledging the Popes supreme Ecclesiasticall authority notwithstanding the cōtention he had with S. Thomas about the manner of proceding therin for the execution as none of his Ancestours were more which in like manner is euidently seene and confessed in effect by Syr Edward himself in that in his whole discourse of Reportes for improuing the said Popes Supremacy he alleageth not so much as one example or instāce out of the raigne of this King which in reasō he would not haue pretermitted if he could haue found any thing to the purpose therin 78. But yet now finding himselfe in straytes how to answere the Students demand about the ātiquitie of prohibiting Appeales to the Sea of Rome he was forced to lay hands on this poore example which was neither to his purpose in regard of the time being after the conquest as now you haue heard nor of the thing it selfe for that it was against him as being only a moderation of abuses yea and that in temporall things as Bishop Gilbert of London expresly a●oucheth recalled by the same King afterward● and finally is wholy from the purpose chiefe question about the Popes supreame authority whereof this of Appeals is but one little member only And thus we see both how well and sub●tantially Syr Edward hath mainteyned his assertion of the supereminent antiquity and excellency of his Municipall lawes and how direct and demonstratiue answers he hath made to the foure Questions or Cases deuised by himselfe for confirmation of the ●ame 79. And whereas he inserteth a note of Record of the decree of Claringdone that this recognition was made by the Bishops Abbots Priors c. of a certaine part of the Customes and liberties of the Predecessours of the king to wit o● King Henry the first his Grandfather and of other Kings which ought to be obserued in the kingdome wherby it semeth the Knight would haue vs imagine though he vtter it not that the same prohibition of Appeales might haue byn made and practized by other former Kings liuing before the Conquest it is found to be but a meere Cauill both by the Catholicke Deuine that shewed out of authenticall histories the cōtrary practise vnder all our Catholicke Kinges both before after the Conquest as here likewise it is conuinced by the words and confession of this King H●̄ry the second himself that these pretended liberties of his Ancestours were brought in by himself only and in his tyme as is testifyed by Houeden in two seuerall Charters one of the Pope and the other of the King as also by an authenticall Record of the Vatican set downe by Baronius in his tweluth Tome So as here the Iudge hath nothing to lay hands on but to giue sentence against himself both of the Nimium and Nihil dicit as now yow haue seene And so much for this matter HOW THAT THE foresaid Nimium dicit as it importeth falsum dicit is notoriously incurred by Syr Edward Cooke in sundry other assertions also apperteyning to his owne faculty of the law which were pretermitted by the Catholike Deuine in his Answere to the 5. Part of Reportes §. V. FOR so much as the most part of this seauenth Chapter hath beene of omissions and pretermissions as you haue seene and these partly o● M. Morton in concealing such charges of vntruthes as had byn laid both against him as also against his Client Syr Edward partly of Syr Ed. himself in not answering for himself when he ought to haue done I thought it not amisse in this place to adioyne some other omissions in like manner on the behalfe of the Catholike Deuine who passed ouer in silence sundry notable escapes of his aduersary M. Attorney which he cōmitted in cyting law-books and lawyers authorities against the Popes ancient iurisdictiō in spirituall cases in England and this partly for that he had not as then all the Bookes by him which were quoted and partly vpon a generall presumption that in this poynt M At●orney would be exact for that he had so solemnly protested the same in his booke of Reportes as before hath byn touched to wit that he had cy●ed truly the ver● words and textes of the lawes resolutions iudgments Acts of Parlament all publike and in print without any inference argumēt or amplification quoting particulerly the bookes yeares leaues chapters and other such like certaine references as euery man at his pleasure may see and read them 81. This is his protestation who would not belieue a man especially such a man and in such a matter at his word or rather vpon so many words so earnestly pronoūced especially if he had heard his new and fresh confirmation therof which he setteth ●orth in this other Preface to his sixt part wherin he sayth that euery man that writeth ought to be so care●ull of setting downe
doth signify that it may not be spoken without a iest which is a very iest indeed but a lying and malicious iest And 〈◊〉 with these two new lyes I shall end this recapitu●ation referring the Reader for more particulers in this last two-fold lye to that we haue handled more largely before in the fourth Chapter num 12.13 c. 33. And thus hauing made this short reuiew and collection of these 20. branches of new witting and wilfull vntruthes conteyning in particuler aboue fifty as the Reader will fynd in perusing them ouer I shall passe to the tenth and last Chapter of all wherin notwithstanding all these euictions you shall fynd the most strange confident animosity of his owne singular and simple truth and the rarest braggs vaunts protestations prouocations and new Chalenges that euer perhaps yow heard in your lyfe so as he proueth himselfe a Cocke of the game indeed in crowing lowdest when he is most battered We shall passe on then to see his crowings THE TENTH AND LAST CHAPTER CONTEYNING NEW CHALLENGES PROTESTATIONS VAVNTS AND OTHER VEHEMENT assertions of M. Morton that inwrappe him in bandes of further absurdities then any of his former errours or ouersightes before layd downe PREFACE ALBEIT from the beginning of this Booke and especially in our Epistle prefixed before the same as well Dedicatory to the Vniuersities as also Admonitory to M. Morton himselfe we haue made manifest that the manner of his answering in this his last Preambling defence was nothing els but a certaine florish and outcry of words thereby to astonish the Reader and to diuert his attention from the substance of the matter it self by protesting promising threatning vaunting challenging and the like yet for that he multiplieth more these shiftes and relieth more vpon them in the Conclusion and last Paragraph of his said Preamble then any where els before intituling the same a Challeng against P.R. I am forced in this place to call againe into view this idle argument of braggi●g craking and outfacing called in latin lactantia sauouring either of a very vayne mynd or desperate cause or both 2. And to begynue with the matter it self and with his māner of proceding herein you haue heard before what solemne protestations he hath made what seuere conditions he hath specified what grieuous punishments he hath appointed to himself if he essectuate not great matters in this his Preamble If he make it not manifest to vse his owne words that I haue preuaricated in my whole cause betrayed my Countryes State disgraced the Roman Schooles and strangled my owne conscience he refuseth not to be condemned and that aboue all other crymes against him he is content that this be added that he durst a●●irme thus much before my L. of Salisbury his honour ● You haue heard more ouer how he threatneth so to presse me in the matter of Equiuocation as no wit of man should be able to excuse me And againe in the next Paragraph ensuyng if I proue not sayth he their doctrine to be as bytter as the water of Meribah he should haue sayd Marah as appeareth Exod. 15. v. 23. for Meribah was the sweet water that guished out of the Rocke wherof both men and beastes did drinke Exod. 17. v. 7 and I meruaile he would erre so grossely then let them note me saith he for a man aboue the nature of man malicious He threatneth to driue me to a vertigo and gyddines that I shall repent that euer I tooke this matter in hand but heere he entreth into more vehement and patheticall protestations which yet I do not see how he may well call Challenges but rather certayne discharges or deprecations for himself which he diuideth into three sortes the first for his owne person the second against me his aduersary the third concerning the cause in hand betwene vs and in euery one of these partes he hath foure members of challenge so as in all they are twelue in number we shall runne them ouer in order as they lye CONCERNING M. Mortons owne person and what new Protestations and Challenges he maketh therabout §. I. HIS first challeng is this As for the integrity of my conscience saith he I do auow that if I haue not in the iealousy of my infirmity done that which no one to my knowlege hath done these many ages to wyt reuiewed some of mine owne bookes and examined them not as an Author but as a Cēsurer discouering such my escapes as I could at any tyme fynd and publishing them in print with open animaduersions to the end that myne owne correction might be my Readers direction then I say I will con●esse my self worthy of all the criminations of frauds tricks deceipts cosenages whatsoeuer opprobrious imputations P. R. either hath or can fasten vpon me 5. This is his first protestation wherunto first I say concerning his last words that albeit it were true that M. Morton had vsed this diligence which here he mentioneth of reuiewing and censuring his owne workes which yet I neuer saw published this doth not so defend him but that his aduersarie P. R. may iustly fasten vpon him the imputations of falshood which he pretendeth to do for so much as he might ●leightly or partially oueruiew his own works either out of blindn●sse of selfeloue not see his owne errours which were hard to belieue they being so manifest as before hath byn shewed or rather loath to strike thē out for want of other better matter to supply their place And howsoeuer it be P. R. standeth to the auouchment of his imputations and appealeth to the triall already made which being apparently true and in many manyfest pointes not reprouable M. Mortons reuiew must needs condemne himself either of lacke of sight or want of conscience 6. Secondly how is it probable that M. Morton out of the iealousy of his infirmity as he calleth it did make so diligent a search and inquiry vpon his works as here he sayth for so much as in this very booke of Preamble in the few points that he taketh vpon him to answere he is forced to confesse for his owne defēce that sometymes he did not see the Author whom he cyteth as of Nauclerus about the false allegation that Pope Adrian was choaked with a fly in his second obiection and 8. Paragraph And oftentymes he layeth the fault of his false allegations vpon others as vpon one Richard Sto●ke Minister of London in sundry false citations of Gratian as also vpon Tol●ssanus about Otto Frisingensis and vpon Ri● Can. for the falsification of M. Reinolds testimony may this be called an exact reuiew of his owne works what exact diligent cēsure did he vse in this reuiew How did he discouer his escapes therin as here he professeth How doth he giue me speciall thanks for pardoning him in one of his escapes and for ascribing it to that he had
albeit I cannot let passe to set downe the iudgement of another learned stranger extant in a printed booke of his in defence of Cardinall Bellarmin whome M. Morton chiefely pretendeth to impugne but so weakely and absurdly as the said learned man giueth a very contemptible censure of the whole worke saying Hoc opus merito suo inter stulcissima quae ex Nouatorum officina prodierunt sedem sibi deposcit adeò fatuè stolidè insulse non dissertat sed delirat Which words also for the forsaid cause I leaue vntranslated And this may suffice for his first chalenge there followeth the second 12. If I haue not earnestly desired saith he and by the law of loue challenged of my frends strict iustice in noting such deprauations as might any way occur and least they should suspect their reprehension to become lesse acceptable vnto me if I haue not pro●essed it to be my greatest offence not to be in that māner offended If I haue bin euer so peruersly obstinate as not willing to be reformed by any aduersary then I will confesse my selfe worthie of all criminations fraudes trickes deceipts cosenages c. 13. To which challeng I answere that if M. Morton haue had this earnest desire indeed which he speaketh of and haue requested his friends by the law of loue to note in strict iustice his d●prauatiōs as he protesteth we must needs conclude that either he hath had few faithfull friends to performe that friendly office vnto him or that they were very carelesse in their annotations or he not very prompt to follow their aduertismēts supposing the multitude of faults that are found wherof neither he nor they did take any notice or seeke to correct them And as for his willingnes to be reformed by any aduersary and that his greatest offence was and is not to be in that manner offended I do not see how it can be true or held for probable for so much as my selfe being his aduersary in the cause and controuersy betwene vs hauing sought friendly in my booke of Mitigation to admonish and reforme him in many errours and falsities vttered by him he hath byn so farre of from taking it in good part or not being offended therewith as he hath vtterly lost himselfe through impacience in diuers passages in this his answer as before you haue heard vpon diuers occasions no where will it more appeare then by the second part of this his challenge concerning his aduersary presently to ensue wherein he passeth the scolding of any bad woman lightly that euer I haue heard of if inuectiue scurrility be scolding Wherfore in this he protesting one thing and doing the contrary within so few lines it may easely be seene what credit may be giuen to his wordes Let vs passe to his third chalenge 14. Although I can not saith he but choose to be strooke rather of a friend who woundeth that he may heale t●en of an enemy who intendeth only to hurt a friendly animaduersion being as an Antidote which is a reprehending of me least I might be reprehensible and the taxation of an enemy bei●g as toxicum calummously poysoning whatsoeuer deserueth good yet if I haue euer byn so wickedly peruerse as not whensoeuer iustly to be willingly reproued by my aduersary turning his venome in●o treacle his deformation into reformation then I say I will confesse my self worthy of all the criminations as before 15. This Challeng if we consider it well is only a multiplication of words without new sense or substance for that in the later part of the former Challeng he protested the same that he doth heere that he was willing to be re●ormed by any Aduersary which here he repeateth againe with some more Rhetoricke of phrases but no more truth For that I being his Aduersary and reprouing him of so many vntruthes and offering to stand to the triall as now I haue done he hath not only not taken it patiently nor turned venome into treacle but quite contrariwise treacle into venome for that my admonitions were treacle indeed to resist the venome of a lying spirit infused by heresy if he would haue taken the benefit thereof And as for the Antidote which here he speaketh of to be reprehended friendly least he might be reprehensible if it be so much to be estemed as he saith so it is indeed then much more obligation is there to be patient in receauing reprehension where a man is actually reprehensible indeed and that in so high a degree as I do pretend and proue that M. Morton is by his false dealing before laid downe which yet he holding for toxicum I haue very litle hope though much desyre that it may do him good but to others I trust it will that are not so partially and passionatly interessed in the matter 16. His fourth Challeng is vttered in these words If in my ordinary course of life saith he any man can charge me with a bent to this vice of ●alsity though it were for hope of whatsoeuer aduātage c. then I will confesse my selfe worthy c. Vnto which Challenge if so he will needs call it for I neuer saw Challenges runne in this forme I haue this only to answere that the falsifications obiected are extant à parte rei and auouched out of his Bookes published in his name and whether he wrote the same either of a bent to this vice or of a back that is to say of a necessity or kind of compulsion for manteyning of a bad cause I will not stand to dispute or determine Neither will I alleage any thing iniuriously against M. Mortons person which I do loue from my hart in the true loue of Christ our Sauiour wishing his best spirituall good as myne owne and do esteme him also for the good partes that God hath bestowed vpon him though I do pitty the euill imployment thereof in the cause he defendeth And this shal be sufficient concerning his chalenges protestatiōs about his owne persō Now to the person of P. R. his Aduersary CONCERNING the person of his Aduersary P. R. and absurd Challenges made against him §. II. IF in any other place of his whole Booke which yet are many as you haue seene by the perusall therof and of my answere M. Morton forgot himself or rather lost himself by vehemency of passion grief and choller he seemeth principally to haue done it in this place where he cēsureth his aduersary in foure seueral challēges which I haue thought best to set downe together not to answere thē seuerally as I did in the fo●mer Paragraph For that indeed there is nothing in these but excesse of intemperate heat in cōtumelious speach Thus then he writeth 18. Concerning the disposition of my Aduersary saith he if he be not manif●sted to haue so behaued himself in tearmes so dispitefully mal●gn●nt as if the Capitall letters o● his name P. R. did iustly
impertinent 3. As for example to p●●termitt his two ●pistles the one to my L. of Salis●urie the ot●er to my selfe wherof I may chance to haue occasion to speake more in my next ensuing Epistle to him he d●uideth this whole Preamble into three seuerall parts which he termeth Inquiries I do deuide saith he this Preāble into three Inquiries The first is what sufficiency excellency there is in P. R. to make so great an insultatiō the second whether he may be thought a sufficient Proctor in this case or no the third whether he hath sufficiently performed his taske eyther for the defence of his cause or iustification of his cōscience with a Challenge against him for them both 4. This is the diuisiō of his Worke wherby I doubt not but you will discouer also the vani●ie though I should say nothing therof For ●hat he being pressed with a Worke of such ●eight as the argument of my former booke did import vrged therin not only with an ouerthrow of his whole cause but charged furthermore with a monstrous number of playne wilfull vntruthes not possible as they seemed to be answered or excused the iudicious Reader will easily consider whether this were a tyme to tryfle as he doth making himselfe an Inquisitour without commission to ●rame his first Inqui●y of the sufficiency excellency of his Aduersarie and to spend eyght whole Paragraphes as he doth therin Inquiring first of his witt then of his memorie thirdly of his learning in Logicke fourthly of his skill in Greeke Hebrue fifthly of his kind of charitie sixtly of his modestie with other like poynts spēding large discourses vpon euery one of them Is there any man I say so simple or sottish as not to see the impertinency of this manner of proceeding 5. His other two Inquiries are as wisely imploied and prosecuted as this For that the second Whether P. R. may be iudged a competent Aduocate or no is but a silly discourse conteyning not full two leaues in all and the argumēt therof is a ridiculous Dialogue feigned between the Mitigator and the Answerer● The third cōprehēdeth the rest of the booke which is of foure partes three which may be not vnfittely deuided into the termes of offensiue and d●fensiue warres For that first to impresse some opinion of manhood in defending himselfe from the imputations layd against him of wilfull falshoods he taketh vpon him quite from the argument of the controuersy in hand to impugne others of like dealing as namely Cardinall Bellarmine my selfe and others and then hauing made this florish he cōmeth lastly to his owne defence in fourteene vntruthes layd against him and culled by himselfe out of more then fourty obiected by his aduersary and no one of them well dissolued by him as after will appeare And after all ●his he imagining the feild to r●mayne wholy to himselfe he concludeth all with a new vaunt and fresh Challēge in the ninteenth and last Paragraph of this his booke phantasying himselfe to haue had the victory in euery thing that he hath taken in hād to treat And this being the sūme of M. Mort. new worke I shall breifly lay forth to your iudgment the methode which I haue thought good to vse for his confutation 6. First I haue bin content to follow him into those follyes of his first Inquiry about my wit memory learning skill in Logicke and the like confessing willingly the mediocrity therof in all things but yet shewing by the substance of the po●nts handled if I be not de●eyued that if M. Mortons wit had byn excel●ent or learning eminēt he would neuer haue ●yn drawen to haue leapt ouer grauer matters to handle such light toyes as these be For what ●mporteth me the disestimatiō which M. Mort. ●rofesseth of my wit memory or learning for ●o much as the things themselues that are handled wherin wit and learning are to be shewed will be better witnesses and of more credit with the prudent Reader then eyther his or my bare wordes or vaunts Wherfore to them I remit me 7. In the second place I haue had pacience in like manner for without pacience it could not be done to peruse ouer his second Inquirie consisting of a meere idle fancy and fiction of a Dialogue as hath bene said deuised betweene me his Aduersary the Moderate Answerer as though he had fallen out about answering his booke and me he bringeth in speaking very rudely and vnciuilly thus Nay I haue not beene arrogant but thou hast beene rash and pr●cipitant For is thou by thy former Answere mig●test haue beene thought sufficient for a reply what needed such posting to me beyond the seas for a supply of a more exact and learn●d Reioynder Thus goeth his fiction and it is a very fiction indeed For the truth is that when I began my Treatise of Mitigation against M. Mortons fi●st exasperating discouery I knew of no other that was in hand to answere the same as more largely I haue shewed in the third Chapter of my sayd Treatise 8. Moreouer he feigneth vs to reason togeather about itching and scratching as though the Moderate Answerer had vsed these wordes I thinke yow are troubled which the dis●ase of s●me of our Catholicke lawy●rs of whome you haue said they itch to be doing and answering M. Attorney this was also my disease but I after found a scratch and so may you Wherby he seemeth to insinuate as you see a certayne threat of scratching his aduersarie w●en other weapons of more force do faile him But this I haue answered afterwards in due place shewed that aswell these scratches meant perhaps of those scolding skirmishes before mentioned about witt m●morie learning and the like as also deeper wounds of conuiction of falshoods and manifest impostures are like to fall vpon himselfe and that in so euident a sort as all the standers by may cleerly see it and take compassion on him and of his māner of fight wherof I am content to make your selues also my learned Countrymē both Iudges and vmpires 9. Wherfore fynding so litle substance in these two former Inquiries for what is added and brought in by me in the second which are but two particuler cases only concerning our subiect and argument of Rebellion and Equiuocatiō was borrowed frō the third to make vp some matter wherof to treate I do passe to the said third Inquirie wherin one only exploit being requi●ed on M. Mortons behalfe two are attempted ●ut with very euill successe in them both The ●xploit required was that for so much as M. Morton in this his last Preamblatory reply by abā●oning the principall argument and subiect of ●ur former controuersy had changed the whole state of the Question by occasion of great multitudes of witting vntruthes obiected against him he should now haue gone roundly to the matter and directly plainly substantially haue answered the said imputations but
endeuour to deceiue Three things also I must confesse to haue b●ne the speciall causes of this griefe and indignation s●metimes conceiued The first to see a yong man as they say you are so lately come from the Schooles so lightly furnished and so little exp●rienced in greater studies as scarsely you could haue life or leasure to looke at the varietie of Bookes Authors that haue written therof especially concerning the Catholick religion for a thousand yeares togeather which you grant to be ours to come forth as it were in his hose and dublet challeng the whole Church of God and the whole ranke of profound learned men therof whose bookes for deep learning iudgement and varietie of reading you can not but confesse in truth and modestie that you are not able to beare after them And fynallie they are thousands and you are but one thy were ould you are yong their beards were hoarie and gray yours is yet red they wore out their ages with studie you haue yet but lately begone they haue had the continuance of many ages the wit learning experience diligence of all Christian Nations that held the same Religion with them your prescription of tyme is small your association of fellowes Fathers Doctors or Councells lesse For if you goe out of the little Iland of Britany where all that professe themselues Protestants in all things are not wholy with you you shall fynd abroad all the rest in most things against you And yet do you so confidently tryumph and insult euery where as though you alone were able to ouercome and vanquish whatsoeuer was established before you in our Religiō different from yours saying euery where with contempt when you speake of this ranke of learned men and when any thing displeaseth you in them your owne Bishops your owne Doctors your owne Coūcells your owne Fathers your owne Popes say this or that yea though they were neuer so ancient and holie As of three Popes togeather Zozimus Bonifacius Celestinus that liued with S. Augustine and were highly commended by him aboue twelue hundred yeares agoe you speake so contemptuouslie as if they had byn some three petty Ministers of your owne ranke And this I confesse to haue byn one principall cause of my sharpe wryting against you which yet if you would once amend on your part you should qui●klie fynd correspondence on myne And so I suppose ●ou will perceaue that I haue begone in this Booke ●hough whiles you perseu●re in your old vayne of pre●●mption and insolencie you are like to drawe forth ●nsweres nothing pleasing your owne humor which ●ing of pryde as in all Sectaries as accust●med to be 〈◊〉 liketh humility and patience in all people but only 〈◊〉 themselues Another cause was the circūstance of tyme when 〈◊〉 wrote your first Discouerie against Catholikes 〈◊〉 not being contented to haue set abroad diuers ●●●tings of yours in Latin touching f●ygned absurd●●●es and contraries of d●ctrine f●und as you pre●●●● in their wrytings wherof you are like shortlie ●heare out of Germany to receiue the said ab●●●dities and falshoods doubled vpon your self as ●●u will perceiue by that piece of the latyn Epistle ●●itten from thence which I haue imparted with ●●u in the last Chapter of this my r●●koning not ●●ntented I saie with this iniurie offered vs ●ou watching a tyme of pressure and tribulation fynding the same to fall out in full measure by the hatefull accident of the powder-treason you rāne as the Rauen to the fallen sheep to picke out her eyes that is to say to adde exasperation to exasperation affliction to affliction calumniation to sycophancy against all sortes of Catholicks And then came forth in hast your litle infamous bloudie Lybell without a name which out of your charitie would needs make all Catholiks Traytors in the very roote of Catholicisme it self that is to say in the fundamentall doctrine of their Religion So as euerie one of them must be forced to denie his faith in that Religiō or else acknowledge himself trayterous in his duty of temporall allegiāce and subiection Which paradox to make somewhat probable you were forced to accompanie with so manie fraudulent shiftes deceipts and falsities as haue byn conuinced against yow in my former Treatise cōfirmed now in this which though of it self it moued no small indignation to see so many manifest falshoods so bouldly auouched and ratified againe by you afterwards as in this fynall reckoning will apeare yet must I confes●e that the forsaid circumstance of time did principally mooue me to be more sharpe in my Cōfutation And it made me also to remember a certaine historie that I had read in old Lactantius Firmianus in his first booke intituled De Iustitia which I shall recite as I fynd it in hym yow may apply vnto your self so much therof as yow maie thinke to fit you The storie is of a certayne heathen Philosopher who in tyme of persecution tooke occasion to write against Christian religion Ego saith Lactantius cùm in Bithynia Oratorias litteras accitus docerem c. When as I being sent for taught Rhetoricke in Bithynia and the Churches of Christians by the Edicts of Diocletian Maximinian were commanded to be ouerthrowne a certaine chief Philosopher taking the occasion of that tyme nescio vtrum superbiùs an importuniùs iacenti atque abiectae veritati insultaret did insult ouer the truth of Christes Religion oppressed and trodden vnder foot I know not whether with greater pryde or importunity c. And then he describeth at large the manners of this Philosopher which were ouerlong to repeate heere I meane of his Lybertine life of his good fare of his ambi●ion with the Magistrate and Princes And fy●ally he saith of him Disputationes suas moribus destruebat mores disputationibus arguebat ipse aduersus se grauis censor acer●imus accusator He ouerthrew his disoutations ●ith his manners and condemned his owne manners by his disputations being a graue Censurer and most sharp accuser against himselfe And thē saith further Eodem ipso tempore quo iustus populus nefariè lacerabatur tres Libros euomuit contra Religionem nomenque Christianum In the very self same time that the innocent Christian people were impiously torne in pieces by the persecutor he cast forth three Bookes against the Religion and name of Christians And Lactantius add●th that alb●it he was effusus in Principū laudes and flattered the Emperors then liuing no l●sse th●n M. Morton hath done ours yet all sortes of men aswell H●athen as others did mislyke and detest his cruell deuise to wryte against them● when as they lay vnder so heauie a yoke of present persecution Id omnes arguebant saith he quòd illo potissimùm tempore id ope●is es●et agressus quo furebat odiosa crudelitas All sortes of men did condemne this that he had taken in hand to put forth his bookes at that
Scripture ●ith The Sonne shall not beare the iniquitie of ●●e Father nor the Father of the Sonne but e●●ry one must answere for himselfe let vs se●●●en how M. Morton doth performe this point ●●en then saith he when I was in greatest ●●●lousie of mine owne myscarriage I concei●●d a double matter of comfort First from ●● selfe that knowing I durst present my ●●plications vnto the Iudge of the secret ●●ughts of all hartes I doubted not but that ●ng able with true confidence to appeare ●ore God I should not greatly feare the ●●sure of man This is one defence more Rhetoricall then reall 〈◊〉 how could he dare with such confidence appeare before God with the burthen of so many ●ntruthes as afterward you will see conuinced ●●ainst him especially in the three last Chapters ●f this our Answere And if he be not able to ●efend them before man how will he iustifie thē●efore God Let vs see his second defence for this first standeth only vpon his owne confidence Secōdly saith he from my aduersary tooke I matter of comfort presuming that he that would write in defence of mentall Equiuocation would be found to equiuocate in writing also This you see is but a presumption and that a very poore one For as a man may write of warre and yet not fight and of Agriculture or husbandry and yet neither plow nor sow So may he write of Equiuocation and yet not Equiuocate and Equiuocate also and yet not lye So as this could be but a silly comfort for M. Morton to presuppose and hope that I would Equiuocate in writing of Equiuocation which was not needfull And if I had yet might I do it without lying and so nothing therby haue relieued his case that was so deeply charged with that fault And finally if I had bene able to be conuinced of any point in that kind as afterward you will see that I was not yet S. Augustines rule is Quod societas peccantium auget potiùs quàm excusat peccatum Fellowship in sinne increaseth rather then excuseth the fault Though truly it may se●me that M. Morton would highly esteeme this fellowship with me if he could bring it about and thinke himselfe well defended if he could attaine it Which I am lead to belieue not only by his labour diligence solicitude therin but by the last Conclusion of his for●named Epistle to my self which he endeth thus for an vpshoot I may thinke saith he the Scripture verified vpon you where it is thus written Therfore art thou inexcusable O man whosoeuer thou be that iudgest for doing the same thinges by iudging an other thou condemnest thy selfe Out of which text of the Apostle M. Morton would proue that I doing the same things with him in this point of fraud and false dealing I cannot condemne him without condemning also my selfe which consequence I grant but deny the antecedent Which I assure my self M. Morton will neuer be able to proue in any one point of moment throughout this whole concertation of ours himselfe being taken faultie almost at euery turne as you will see And yet doth he vaunt as though his integritie were extraordinary in this behalfe telling vs that as the Greeke Cōmaunder being in appa●āce mortally wounded demanded of his souldiers whether the Citie were safe whether his ●uckler or shield were sound and being sa●isfied in them receiued health and after be●ame victorious So he vnder so ghastly woūds ●f my penne hauing generally inquired ●prightly answered himself that his cause was ●afe and his conscience sound began more resolutely to confront me Thus you see that he hath cleared himselfe is become victorious vpon a suddayne by force of a similitude only And in truth the tale is pretily told by him in wordes but let vs come to the substance of the things If M. Mortons cause be so safe and his conscience so sound how do there stand togeather afterward in the sixt Chapter of this my Answere aboue thirty vntruths pretended to haue bin wittingly pretermitted by him in his last Preamblatorie Reply as vnanswerable now aboue fiftie more newly added out of the said Reply which are set downe in my seauenth Chapter If these can be really defended by him he doth somewhat And for diuers of them he ought to haue done it before But if they cannot as I assure my selfe without making of more new they cannot then is neither M. Mortons cause safe nor his conscience sound in this behalfe Nay his sheild and buckler is vtterly broken and his Cittie of refuge quite ouerthrowne But he promiseth vs a more forcible Encoūter to ensue after he hath discharged his part in another taske of more importāce in the Answere of the Catholicke Apologie which saith he by this calumnious Treatise of P. R. his Mitigation as by an aduerse tempest hath receiued some interruption And by this you see that M. Morton is still doing whether well or euill God knoweth I maruaile he feareth not the scratch due to his ytch wherof he speaketh in his Preamble For if out of Germanie there come that multitude of scratches that is threatned by him whose letter I haue mentioned in the latter end of this Answere do ioyne themselues with these scratches of myne both old and new that do march togeather in this my answere against him they are like to make a great squadron And M. Morton will haue his hands full in defending himselfe from them and in procuring that of scratches and scarres they do not be●ome deeper wounds vnto his credit But indeed I do not exp●ct any such new Encounter as he promis●th For if he had reallie meant it and had seene himselfe able to performe it he would haue answered substantially in this Preamble some of the chiefest difficulties that were laid against him to the end to make his Reader belieue that he would be able to satisfie the rest in the said promised Encoūter But not doing this but shewing rather his extr●me weaknes in clearing any one point obiected against him it seemeth but a iest to talke of a new Encounter to come And as for answering the Catholicke Apo●ogie which he saith he is in hand withall as 〈◊〉 taske of more importance I do easely graunt 〈◊〉 if he can performe his taske well But M. Morton well knoweth the Topicall place à ma●ori ad minus è conuerso If he haue not ●yn able to performe lesser matters nor defend the things by himselfe written either in Latin or English but by so many vntruthes as haue bin exhibited against him what will he be able to do in another mans worke especially of such moment difficulty as the said Apologie is where he must answere to other mens sayings especially Protestāts out of whose testimonies the Author of that Apologie doth so clerely con●ute their Religion and con●irme the Catholicke if I mistake not the worke as neuer any booke
ascribe vnto me all those odious characters which M. Morton before hath layd to my charge 89. And for more cleare conceauing the matter you must know that M. Morton who in this his preamble would make some shew of probable defēce in some few accusations of many great and heinous layd against him for falsity hath thought good to choose out this example of Otho Frisingensis from the midst of two other much more greiuous then this the one of falsifying and abusing Cardinall Bellarmine immediatly going before and the other of Lamber●us Schasnaburgēsis immediatly following after wherof the ●ormer he attempteth not at all to answere the o●her he seeketh to shake of afterwards but in vaine ●s you will see when we come to the place of exa●inatiō And heere this being a speciall place cho●en by him for defending his truth and impugning ●yne he shoud haue touched them togeather as ●hey lye togeather in my booke but that as one ac●used and brought before a Iustice for theft or fal●●ood will be loath to haue many matters disclosed ●●geather but rather to answere one in one place ●nd another in another for that many ioyntly ●●geather would giue suspition and credit the one 〈◊〉 the other so dealeth heere M. Morton not so much 〈◊〉 mentioning the first and the third which are the ●ore greiuous but singling out that which lay in ●●e midst which notwithstanding he can no way 〈◊〉 truth of plaine dealing defend as now you shall 〈◊〉 Thus then lyeth my Charge against him in ●y former booke The charge by P. R. ●0 In the very next page say I after the abuses ●ffered to Cardinall Bellarmines alleadged testimony M. Morton talking of the great and famous contention ●hat passed betweene Pope Gregorie the 7. called Hilde●rand and Henry the 4. Emperour of that name ●bout the yeare 1070. he cyteth the Historiogra●her Otto Frisingensis with this ordinary title Of our Otto for that he writeth that he found not any Emperour actually excommunicated or depriued of ●is kingdome by any Pope before that tyme except saith he that may be esteemed for an excommunication which was done to Philip the Emperour by the Bishop of Rome almost 1400. yeares agone when for a short tyme he was inter poenitentes collocatus placed by the said Pope among those that did pennance as that also of the Emperour Theodosius who was sequestred frō entring into the Church by S. Ambrose for that he had commanded a certayne cruell slaughter to be committed in the Citty of Thessalonica both which exceptions though set downe by the authour Frisingensis this Minister of simple truth leaueth out of purpose which is no simplicity as yow see but yet no great matter with him in respect of the other that ensueth which is that he alleageth this Frisingensis quite contrary to his owne meaning as though he had condemned Pope Gregorie the 7. for it wheras he condemneth that cause of the Emperour and commendeth highly the Pope for his constancy in punishing the notorious intolerable faultes of the said Henry Hildebrandus saith he semper in Ecclesiastico vigore constantissimus suit Hildebrand was euer the most constant in defending the rigour of Ecclesiasticall discipline And agayne in this very Chapter heere alledged by T. M. Inter omnes Sacerdotes Romanos Pontifices praecipui zeli et auctoritatis fuit He was among all the Priestes and Popes that had byn of the Roman Sea of most principall zeale and authority How different is this iudgment of Frisingensi● from the censure of T. M. who now after fiue hundred yeares past cōpareth the cause of Pope Gregory to that of pyrates theeues and murtherers and so cyteth our Otto Frisingensis as though he had fauoured him in this impious assertiō Can any thing be more fraudulētly alleadged Is this the assurance of his vpright conscience wherof he braggeth to his Maiestie 91. But the next fraud or impudēcie or rather impudēt impiety is that which ensueth within foure lynes after in these wordes Pope Gregorie the seauenth saith your Chronographer was excōmunicate of the Bishops of Italy for that he had defamed the Apostolicke Sea by Simony and other capitall ●rimes and then citeth for proofe heerof Lambertus Schafnaburg anno 1077. As if this our Chronographer had related this as a thing of truth or that it were approued by him not rather as a slanderous ob●ection cast out by his aduersaries that followed the part of Henry the Emperour ●2 Hitherto I haue thought good to recite my wordes which are some few lynes more then M. Morton cyteth in his booke for that you should see the connectiō of things togeather to wit how these obiected falsities about alledging af Frisingensis●re ●re craftily culled out frō between the examples before cited of Bellarmine and Lambertus but yet in this place we shall handle onely that which M. Morton hath made choice of to be treated and discussed to wit whether my former Charge against him for abusing the Authoritie of Otto Frisingensis be rightfull and well founded or not for that he that shall read this reply of M. Morton will thinke that he hath iniurie offered him for that I had guylfully vrged matters against him further then truth and reason would require and therfore he noteth against me in his argument these wordes Foure excellent trickes of falshood in one page which after we shall discusse and shew them to be rather fraudes and shiftes of his then trickes of myne Now then let vs come to the examination of this Charge which of vs is to be found in falsity and still I must aduise the reader that to the end he may receaue some vtility by this cōferēce he haue an eye to the spirit of false dealing and not so much to errours of ouersight and this he shall easily descry if he stand attent to the discussion THE EXAMINATION OF this controuersie more at large § IX FIRST vnto my whole Charge before layd downe M. Morton answereth thus In my full Satisfaction saith he parte 3. cap. 11. pag. 28. that which was intended to be proued was this that not till 1000. yeares after Christ did euer any Prelat● or Pope attēpt the deposing of Emperours and depriuing them of their Crownes For proofe heerof I brought in the testimony of Otto Frisingensis from the witnes of Tolosanus lib. 26. de Repub. cap. 5. in these wordes I read and read againe fynd that Pope Hildebrand in the yeare 1060. was the first Pope that euer depriued an Emperour of his Regiment wherin now haue I wronged my conscience Is it because Otto Frisingensis is cyted cōtrary to his meaning yet could it not preiudice my conscience because I cyted not the authour himselfe but only Tolosanus a Romish Doctour who reported that sentence of Frisingensis 94. This is the first part of his answere which is so full of wyles sleightes shiftes as doth easily shew the disposition
notwithstanding this reseruation euen by the iudgement of P. R. a flat lye 39. This is his last and greatest argument wherof as presently you shall heare he vaunteth exceedingly conquering me first in his margent writing there An euident conuiction of P. R. And then againe A plaine demonstration to say no thing of the fetters shackells in the text it selfe And I haue thought best to lay forth his whole discourse as it lyeth togeather in his booke that heereby you may see with what manner of substance he filleth vp paper and what sort of shackells he hath to fetter men withall which are as strong as the netts of cobwebbes for that in this place his whole discourse and argument is founded vpon a manifest false ground and principle to wit vpon the me●re mistaking or fond supposition that the two answers of the Priest and the woman viz. I am no Priest with obligation to tell it vnto ●ou and I sould it for no more with obligation to giue vnto you are of equall falsity which still we deny he cannot proue and yet himselfe doth often heere repeat ●hat I do hould the answere of the Priest to be true ●nd hers to be false for that his was made to an in●ompetent Iudge and hers to a competent so as she was bound to haue answered directly to S. Peters meaning which being so what needed all this long obscure speach of M. Morton which might haue been ●poken in 4. lynes For I grant that the answers of ●he Priest and the woman do make ech of them in ●hemselues being mixt with their reseruation a whole perfect proposition as if they had byn vt●ered without reseruation 40. It is euident also that the womans proposition that she had sould her land for no more with obligation to giue it to S. Peter or to be spent in cōmon this being the true effect and substance of her answere was a lye whether it had beene vttered wholy togeather in playne wordes or part in speach and part in mentall reseruation And M. Morton doth childishly suppose and affirme that euery one knoweth that it had bene a true speach For albeit the wordes of S. Peter in the text of the Actes of the Apostles be Tell me woman if you sould the ●eild for so much and her answere was Yea for so much yet is it euidēt by the drift and circumstance of the place that S. Pe●●r● meaning was whether they sold it for so much and no more and therfore if she did Equiuocate as M. Morton will haue her her secret meaning must needs be that she sould it for no more so as she was bound to vtter it or giue it vnto him or bring it to the cōmon purse All which was false a lye in respect both of ●er vow to bring the whole to the common purse and for that S. Peter was her lawful and competent Iudge and she obliged therby to tell him the truth 41. Now then wee see after so many vaunts and braggs what M. Morton hath beene able to effect by these his arguments It shall not be perhaps amisse to add his confident conclusion wherin he doth recapitulate as it were the summe of all comparing these two answers of the Priest and the woman togeather Let vs saith he for conclusion parallele both these examples which are very neere a kinne For if we do compare speaker with speaker that is the woman and a Priest both will be thought to be Votaryes If outward speach with outward speach that is I haue sold it but for so much and I am no Priest both are negatiues If reseruation with reseruatiō as to tell it vnto you or to giue vnto you both are mentall If the forme with forme both equally ananswerable to the mynd of the speaker If finally end with end both are to deceiue the hearer Wherfore P. R. granting that no clause of reseruation could saue her specah from a lye must by irrepugnable consequence be forced to confesse that his I am no Priest vttered by a Priest to whomsoeuer it be spoken notwithstanding any mentall reseruation of to tell it vnto you is a Satanicall and damnable lye 42. The wordes of Satanicall and damnable are very frequent with M. Morton as you see God send him saluation and vs all freedome from Sathan and Sathanicall spirits which in no one thing are more discryed then by the facility of wilfull lying but to the matter His collection in his conclusion is like the making of a latin without the principall Verbe For wheras he gathereth in the said conclusion sundry points of likenesse and neernes of kinne as he calleth them to make the speaches of the Priest and the woman to seeme semblable he pretermitteth of purpose the chiefe and essentiall difference indeed of competent incompetent Iudge and obligatiō●rising therō wherin we principally do insist for their difference and diuersity yet he saith as you haue heard that I granting that no clause of reseruation ●ould saue the womans speach from a lye must by irr●pugna●le consequence be forced to grant also the same of the Prie●●s answere But wheron I pray you is this ir●epugnable consequence grounded Haue you seene any demonstration alleadged by him for it besides his ●nly imagination and fond ●upposition And yet ●s though he had done wonders indeed he in●ul●eth exceedingly in the very last lynes of this Para●raph which are these ●3 And where is now saith he P. R. his boast of ●criptures Fathers Reasons Where is his Chal●enge of Canonists and School-deuines Where is ●●s apeale vnto both our Vniuersities Nay where 〈◊〉 this man P. R. himselfe the new select Aduocate ●or this cause may he not say heerafter I was a●amed and therefore I hid my selfe So naked doth his ●eformity appeare He hath said That his Aduer●ary T. M. is like one who when the game is des●erate well notwithstanding play it out and see the ●●st man borne Heere he himselfe hath made such a ●lot as cannot but be the vnfallible losse of his ●hole game who being pressed with this example ●ut of Scripture is driuen to such a vertigo and giddi●esse that euen when he would defend his art of Equiuocating from a lye is by cōsequence from Gods word forced to confesse an outward speach which no clause of reseruation could saue from a lye whereby his owne Magi I doubt not will be brought to acknowledg that digitus Dei hic est this is the power of Gods truth And thus being contented for this present to haue my whole cause in both questions of Equiuocation and Rebellion so iustifyable that my Aduersarie his owne confessions may free me from his imputation of slāder I do with better alacrity proceed vnto his next challenge Thu● goeth this solemne vaunt 44. And truly he hath great cause to proceed with alacrity indeed if with so litle labour lesse learning ●e can make himselfe so victorious in both the
mayne questions of Rebellion and Equiuocation as heere he paynteth out himselfe I haue heard of some Cockes of the game that when they were so pricked and wounded by their aduersaries in fight as both ●heir heads did runne with gore bloud and both their eyes almost out yet with any least pause giuen them they would crow in the cockpit in signe of courage and it may be that my Aduersarie is of some kindred to that couragious race But heer I must auswere him to some of his demands 45 VVhere is now saith he the boast of P. R. for Sriptures Fathers Reasons I answere they are in my booke set downe in great numbers and haue expected that you should haue satisfied at least some one or two of them in this place And wheras they are so many so manifest and so potent against you and no one of them attempted to be answered by you it seemeth a poore euasion and simple Rhetoricall shi●t to crow so coldly as to aske where they are when so many do lye before you But let vs heare your second interrogation VVhere is say you his challeng of Canoni●●s and Schoole-Deuines Wherto I answere that they are in the same places of my former Treatise where they were before and you could not but see them yet no one of them hath beene examined or touched by you in all this your reply so farre as I can see But you go further VVhere is say you his appeale vnto both Vniuersities I answere it is in the same ●●ate that it was before and in the same lynes that I l●ft it without any repeale of your part hitherto made And finally you demand in great brauery VVhere is this man P. R. himsel●e the new select Aduocate ●or this cause may he not say hera●ter I was ashamed and hid my selfe wherunto I answere for him that if he seeme to haue byn hydden before now he doth appeare againe in this new Treatise and you haue heard him speake and felt him strike in his defence and more you are like to do afterward before this combat be ended though frendly and quietly according to the tytle of his booke And so this being to much tyme to leese in these tryflinges I shall in few wordes make vp the reckoning of this Pa●agraph The Vpshot of this Reckoning ●6 Wherfore now to turne my selfe to Morton●n ●n frendly and quiet manner I cannot but wonder 〈◊〉 Syr that you would enter into this matter of ●uerthrowing my whole defence of Mentall Equiuoca●ion established by so great variety of apparēt proofs ●ut of Scriptures Fathers Reasons and other ar●umentes as my former booke layeth before you ●hat with such confidence as to affirme in the very ●ytle of your paragraph that no wit of man could stād ●gainst you that you would promise to your Rea●er a glorious course to the triumph of truth that I should be ●ettered in my owne shackles hanged in Achitophels halter as a ●atanicall and damnable lyer a grosse and stupide contradictour ●f my selfe driuen into such a vertigo giddines vpon your ●pressing me with one only example out of Scriptures as when I would faynest defend my art of Equiuocation am forced by consequence from Gods words to confesse that their is an outward speach which no clause of reseruation could saue frō a lye wherby myne owne Magi should be brought to acknowledg as the Magi of Egipt were that digitus Dei hic est this is the finger of God that hath made M. Morton so miraculou●ly glorious against me as hauing said nothing hath notwithstanding gotten the victory and so ouercome me as all the wit of man can not defend me 47. And I do add heere miraculously of my selfe for that in my reasō it is the greatest miracle that can be deuised that a mā without saying any thing at all to the purpose should so flatly ouerthrow so large a defēce so grounded so fortified as myne was cōcerning Equiuocation and the lawfullnes therof and this by alleadging one only example of a poore woman that did make a lye to S. Peter her lawfull and competent Iudge whiles she pretended to Equiuocate if she had any such meaning as you wil needes signe her to haue had and thereby you will conclude that all other Equiuocations whatsoeuer though to neuer so incompetent a Iudge must needes in like manner be a lye which seemeth not only a fancy but also a very phre●sy in law of good dispute aud argumentation For if we cōsider your precedent arguments wheron your whole bragging confidence doth rely no one of them nor all togeather are worth a rush to proue any iote of that you pretend as now largely and manifestly hath beene proued Wherfore I must needs say that it sauoureth of a strōg humor of vanity in you to frame vnto your selfe so full and glorious a victory as you do which I assure my selfe will cause more laughter then admiratiō in any discret Reader and with this alacrity you may proceed to that which insueth 48. But yet before I end this Chap. I must needs take you once by the sleeue againe tell you that wheras you do often times serue your selfe in this Reply of my cōfession or rather concessiō that no clause of reseruation could excuse the speach of the woman Saphyra from a lye for that she spake to a competent Iudge which obliged her not to equiuocate you to make semblance of some contradiction and absurdity in me about the same doe in the very entrance of this your Reply to wit in your Epistle to P. R. falsify my words manifestly affirming me to graunt that there is a mentall equiuocation meaning of the speach of Saphyra which no clause of reseruation can saue from lye which is a lye indeed for that this is not my saying but yours for that my saying is that the answer of Saphyra to S. Peter could not by any reseruation o● mynd be defended f●om a lye ●or that he was her lawfull Iudg and consequently I doe proue that her said speach was no equiuocatiō at all● and yet are you not ashamed to say yea and to stand vpon it and to vrge the matter in sundry places as graunted by me that there is a mentall equiuocation which no clause of reseruation can saue from a lye wheras I doe hold auerr proue the quite contrary to witt that such a speach cannot be truly equiuocation for that it is a lye This then may increase your alacrity M. Morton that this assertion of yours is found to be so plaine and euidently false as no equiuocation or mentall reseruation can excuse it from a lye nor any wit of man possibly defend you therin 49. And this is all in effect that M. Morton hath thought good to handle of the two large subiectes of my former booke touching Rebellion Equiuocatiō beginning first with the title as you haue h●ard and auo●ching that to
the testimonies of all other writers especially of Italy that liued with him therby knew best both his life and death And yet said I all this notwithstanding will this false ladde T. M. needes set downe this history as true affirming it for such and neuer so much as giuing his Reader to vnderstand that any other denyed the same or that the only Author himselfe of this fiction doubted therof And is not this perfidious dealing Or can any man excuse him from falshood and malice in this open treachery The pretended discharge 22. This was the Charge What doth he now answere for the discharge of this imputation First for a ground of euasion he saith I do truly protest for the man is euery where full of protestations that I did not write this out o● the Author himselfe which I had neuer seene but from collection out of some other bookes So he Which though it be a thing litle standing with his owne credit to confesse yet in this protestation he must giue me leaue not easely to beleeue him and this ●or two or three reasons First for that he hath made many protestations in his former bookes to God the King the L. of Salisbury and others of true and sincere proceeding and doth iterate the same heere againe in many places and especially in the end of this Preamble with great solemnity vnder the names of new Chalenges wherin notwithstanding I find him to haue practized the quite contrary to his protestations 23. The second reason is for that it is not probable that he hauing to lay so great and greiuous an accusation vpon our English Pope Adrian held by the Christ●an world of his tyme for a holy and renowned man and this vpon the only testimony of Nauclerus he would presume to do it without looking vpon the Author himselfe or if he did it must needes argue him of great temerity and of the same crime that heere he would auoyd to wit of falshood and malice and perfidious dealing For i● in England one should accuse another of murther or any other like greiuous crime and that resolutly and affirmatiuely in publike iudgment as this was presented by him to the Kings Maiestie of England and to all Englishmen besides in a printed booke and this only vpon hear-say that some man had spoken it and the man being in the Citty to be found out as Nauclerus booke was in London yet that he would not so much as seeke him out nor speake with him but go presently to the Kinges Bench and accuse the other and cause the arraignment to be made and when the witnesse denied the same he should excuse himselfe saying as M. Morton doth heere It is true and I do truly protest that I did neuer see the man or speake with him but framed my accusation vpon hear-say were not this sufficiēt to condemne this man of falshood and malice 24. My third reason is for that he set downe in the citation the very latin wordes themselues of Nauclerus thus Hadrianus Pontifex excommunicationem Henrico secundo d●nūcians ipse à D●o maledictus a musca suffocatus est Naucler geuer 139. Adrian the Pope pronouncing excommunication against the Emperour Henry the second himself being cursed by God was choked with a flye Which wordes are not to be found in Nauclerus as heere they lye nor yet in Vrspergensis out of whom Nauclerus reciteth this fable but his wordes are these Cumque venisset ad quenda● fontem ha●sit et bibit ac continuò vt fertur musca os cius intrauit c. And when as he came to a certaine well he tooke water and drunke it and presently as it is reported a fly entred into his mouth could not be gotten forth vntill he died So Vrspengensis saith Naucl●rus And then refuteth it both by the testimonies of all Italian writers which he could read of Iohn Salisburi●nsis whome he calleth Falsboriensis who was familiar with Adrian himself and testified his vertues And if M. Morton had not seene nor read Nauclerus as heere to excuse himself he saith how did he presume to sett downe his latin wordes so precisely as his reader could haue noe probable cause to doubt but that they were his owne proper wordes VVas not this cra●tie perfidious dealing So as to me it seemeth that M. Morton by this first part of this euasion which consisteth in his protestation that he he had not seene nor read the booke doth more intangle himselfe in the crimes of falsity and malice which he pretendeth to auoyd then if he had simply confessed the same But let vs see the other parts of his Answere 25 Secondly then he confesseth that he erred in the misquotatiō of the Generatiō cited out of Nauclerus to wit 139. for 39. and goeth about to proue that there was no malice therin which I easily graunt nor did I obiect it as any corruption but only aduised him of it as an errour And therfore his long excuse of that matter which was neuer vrged against him sheweth that he seeketh occasions to intertaine himselfe and to make a shew that he answereth somwhat where in effect he saith nothing 26. Thirdly he confesseth that he should haue sayd Fredericke the first for Henry the second against whome he accused Pope Adrian to haue moued sedition and saith for his excuse VVhat skilleth it whether it was Henry an Emperour or Fredericke an Emperour that was excommunicated● wheras the intended conclusion was only this that Adrian the Pope did excommunicate an Emperour and conspired against him But this now is not so tollerable as the former excuse no nor tollerable at all in a learned man especially in an accusation of so great weight wherin the accuser ought to be exact and precise M. Morton saith it importeth no more then in an examinatiō of a murther whether the wound were giuen by the right hand or by the left but ●e is deceiued or would deceiue in this For that error personae is of another māner of weight in such kind of accusatiōs then M. Mort. would seeme to make For if Thomas Haruey for example should be accused to haue murthered secretly Henry Denham and that Thomas Harueys friends could proue that Henry Denham was dead two hundred yeares before Tho. Haruey was borne as Henry the second was very nere before Fredericke and Adrian should this import no more then whether Denham were slaine with the right or with the left hand of Haruey wheras he could not be slaine by him at all Heere then you see that matters are not exactly handled by M. Morton in this his false accusation of Pope Adrian 27. Wherfore in the fourth place concerning the principall point it selfe of alleaging Nauclerus as a witnesse of the disastrous death of Pope Adrian by a fly he answereth litle or nothing to the purpose for excuse of his guilfull dealing therin though he turne
as he cōfessed in the beginning did reioice at the cōming of the Emperour because he came with a resolution to depose the Pope 125. To this now I haue answered that this is not the point in question whether this Cronologer acknowleged the Pope to haue byn excōmunicated by sōe schismaticall Bishops of Italy or no but whether he approued the same or no by alleaging a cause for so saith M. Mortons first accusation in these words before alleaged Pope Greg. the 7. saith Lābertus was excōmunicated of the Bishops of Italy for that he had defamed the Apostolicke Sea by Symony other Capitall crymes By which words it is euident that M. Mortons intent was to make his Reader belieue that Lambertus knew there was such a deposition and besids reproued not the same in that he alleaged so graue a cause and motiue therof In both which points M. Morton doth maliciously deceaue his Reader for neither doth Lambertus expressely affirme the thing it self that is to say that he was excommunicated by those bishops but only that his passionate enemies in their fury rage said so neither did he any way approue or allow thereof but impug●e it Neither doth he assigne this Reason for that he had defamed the Apostolike Sea by Simony as M. Morton affirmeth and after againe in other words because by Simony he had defyled the Sea Apostolick For making vp of which sense M. Morton corrupteth againe the text of Lambertus putting in quia for qui so as euer he must help the die in somewhat The words of Lambertus may be sene a litle before in our Charge to wit That those seditious Italian people that were banded against the Pope and grieued with the peace made betwene the Emperour and him did fret and wax fierce both in words and casting their hands and with scornefull outcries to contradict his Apostolicall legation sent vnto them and did cast vpon the Pope all the most foule reproaches and maledictions that fury could suggest vnto them VVhich words for the most part M. Morton leaueth out as you may see in his English citation he adioyneth whome all the Bishops of Italy had before iustly excōmunicate because by Symony he had de●yled the Sea Apostolik But the words of Lābert are Sese excōmunicationem illius nihili aestimare c. that they did esteme nothing his excōmunication whom all the Bishops of Italy for iust cause had excōmunicated who had by violence obteyned the Sea Apostolike by the heresy of Simony and had defiled the same by murthers adulteries and other Capitall crimes In which words we find nothing spoken against the Pope on the part of Lābertus or as approued by him but vtterly reproued as proceding from rage furie of those schismaticall people And is this a good witnes secōdly we fynd no causatiue for that or because by Simony he had defiled c. vttered either on the part of Lābert or of the Schismatikes but a thing made out of the malice of M. Morton who turneth Qui Sedem Apostolicā into Quia Sedem Apostolicam per Symoniā c. to make it seme to be a reasō of their deposing Pope Greg. wheras Lamb. doth not recite it as a reasō which allwais supposeth some ground of truth but ōly as a meere malicious calūniatiō cōtumely reproach proceeding from men put in fury by suddaine discontentment and despaire And thus hath M. Mort. deliuered himself in the first point from falsity according to his fashiō in adding more falsityes to the former Let vs see his second point which he termeth the foolishnes so●tishnes of his Accuser 126. This ●olly he foundeth vpon this principle That an Author may be cited to testify some fact without regard of his approouing or reproouing the thing and that so he cited Lambertꝰ as testi●ying that Pope Gregory was excōmunicated by the Bishops of Italy though not approouing the same as lawfully donne Wherunto first we answere that whē nothing is fought but the bare testimony of the fact this ground may be admitted as in the example before alleaged of the Child in the case of his Father if a man would only make knowne that such and such crimes had byn obiected against the Father which there we mētioned he might with sincerity alleage the testimony of his sonne that complained of the same as we are wont to do in the history of Saints liues putting downe their reproches published against them by aduersaries but in this if we will proceed with Christian truth and sincerity we must alleadg such facts in such sense as the Relator or witnes meant them to wit shewing that they were falsly wrongfully and iniuriously obi●cted And so in this our Case if M. Morton had only alleaged the testimony of Lambertus for the fact and speaches of these passionate men against Pope Gregory and had added more ouer sincerely for the discrediting therof that which the Author addeth to wit that it it was false and spoken in passion and fury of anger c. and had told in like māner the contrary vertues that were in Pope Gregory which Lambertus recounteth it might well haue passed but doing the plaine contrary and endeauoring to defame Pope Gregory by him that greatly defēdeth and cōmendeth both his person and cause it may be wit in M. Morton as wit goeth with him that calleth me a foole for holding the contrary But sure I am honesty it can not be which is neuer separated from truth plaine dealing 127. And this shal suffice for this point p̄termitting sōe other trifles which M. Mort. toucheth in this place vpon some stomake of reuenge as it semeth though meerly false without any ●oundation And therfore passing to his third point of infelicity which he will needs lay vpō me for obiecting this matter of Lambertꝰ against him we shall see whether he hath any more substance in this then in the former 128. First of all noteth me not only for not acute as his words are but for absurde in that I do say that Lambertus doth highly commend not only the vertue but also the sanctity of Pope Gregory as though saith he vertue and sanctity were different things and might be separated Wherin I know not how acute M. Morton may seeme to the iudicious Reader for so much as euery man knoweth lightly that vertue is commonly held but for the way to sanctity that via terminus are different things And I presume M. Mort. himselfe will make profession of some kind of vertue though not pretend perchance to be yet a full Saint at leastwise in this common sense of Sanctity wherin it is taken vnderstood ordinarily for aggregation of all vertues in their perfection 129. Well I know that the word Sanctity is takē also in some other sense as namly for that Sanctity which we receaue by our redēption vocation by Christ in which sense all baptized Christiās are called Saints by
Azor If he doubt therof willingly he is certainly an hereticke But by our Ministers leaue Azor addeth more Quoties quis voluntariè per●inaciter de fide dubitat eo ipso est Haereticus As often as a man doth doubt willingly and obstinatly of his faith he is thereby an hereticke For that faith is a sure and certaine assent of mind vnto those things that are to be belieued and he that willingly and obstinatly doubteth of the truth therof ●an not haue this firme and perfect assent and consequently hath no fayth during the tyme of this wilfull and obstinate doubting 10. And that yow may vnderstaud of what importance this word Pertinaciter is that this ma● cūningly so cutteth out of Azor his words yow must know that he in the very same Chapter holdeth that if a man doubt without pertinacity being ready to submit his iudgment when he shal be instructed in the truth incurreth not heresie at all So as heere the most substantiall word is left out and craftily conueyed away by our deuider of tongues wherby the Author is made to say the quite opposyte to that he sayth and protesteth 11. These were my words at that tyme. And now let the iudicious Reader iudge what cause I had to complaine as I did and yet got no satisfaction of M. Morton at all though the title of his former booke was a full Satisfaction and this later Preamble was cast out for a supply or complement to the said Satisfaction Did not this obiection deserue to be satisfyed before diuers other trifles wherwith you haue heard him now to fill vp paper and intertaine his Reader Let vs go forward THE THIRD Pretermitted falshood by Thomas Morton §. III. AND for that we haue begone to talke of Azor whome M. Morton some tymes will seeme highly to esteeme wee shall cyte an example or two of his abuse towards him which is s●t downe in my Treatise about a Case of comming from a Citty infected or belieued to be inf●cted in these wordes 13. The first Case shal be quoth I that which our Mynister so often proposeth and odiously doth exaggerate about Couentry saying That our English Equiuocators do teach that if a man come from Couentry for exāple which towne is held to be infected with the plague himselfe dwelling in a part of that Citty which is free frō infec●ion and being asked at London gates whether he came from Couentry th●y intending to aske him concerning a place infected he may answere no. For that herin he deceiueth not the mynd of the questioner but answereth directly to his intention So propoundeth he the Case as he pretendeth out of the Catholicke Treatise of Equiuocation which hitherto I haue not seene and consequently cannot affirme how truly or falsely the same is related but he hauing so vttered the said Case doth in opposition therof cyte the foresaid Iesuite Azor his sentence against this as though he said that if we admit this Case Nihil tam falsum esse posse quod non queat ab omni mendacio liberari nothing is so false but that it may be freed from a ly which words are indeed in Azor but not applied by him to this Case but to another saying That is it were lawfull ●or vs to feigne what words wee would in an Oath without regard to the circumstances of tyme place and persons before mentioned t●en nothing were so false indeed that might not be freed from all lying But this Case of ours goeth not cōioyned with these words of Azor as M. Morton hath perfidiously heere tyed them togeather but Azor speaking twice of this our Case in one page first in the name of others by way of obiection and againe in his owne name by way of resolution he saith Libenter concedimus de eo qui ad portas Vrbis rogatur c. VVe do willingly grant the example of him who comming to the gates of a Citty being asked whether he came from a certai●e place which by errour is thought to be infected with the plague and is not tutò citra mendacium iurare pot●st● se ex eo loco non venire he may secur●ly sweare without lying that he commeth not ●●om that place so as he vnderstand that he commeth not ●rom any place infected with the plague nor that himselfe ●s infected This is Azor his iudgment resolution And before him this Case was resolued by Doctor Syluester Nauar Tolet Roderiquez Cosmus Philiarchus and diuers other learned men as after him also by our often named Countrey man Gregorius Sayer and the reason of the lawfulnes of this answere is for that the answere being sure that either the place is not infected from whence he came or that himselfe hath brought no infection about him for otherwise he should be periured it were great iniurie vnto him to be staied at the gate wit●out cause And therefore for declyning this iniurie and iniustice it is lawfull for him to answere to the finall end and intention of the keeper and of the Citty or Common wealth whose intention only is to exclude infected people and not to their immediate words about the particuler place 14. And now all this being so cōsider I praie yow said I the shamelesse forehead of this deceauing Minister in citing Azor quite against himselfe and his owne sense and meaning and tying his wordes togeather that were spoken separately to another end and yet as though he had played no such iugling tricke but had gotten some victory ouer vs heare his insolent speach about this answere set downe by so many learned men as yow haue heard named An answere saith he so grossely false that a Iesuit of high esteme in your Church ●to wit Azor writing against this spirituall iuggling of his subtile lying brethren doth confesse that if this kind of answere concerning a place infected with the plague c. be not false then there is no speach so false but it may be freed from falshood By whome your Equiuocators sayth he may learne that if the man yow fancied came not from a place infected with bodily pestilence yet this your Equiuoting procedeth from mynds spiritually infected w●th the contagion of pestilent lying So he 15. And I do willingly remit my selfe to the indifferent Reader where this contagion of pestilent lying raigneth either in these graue learned m●n that haue decided this qu●stion without lying and against lying or in M. Morton that hath multipli●d so many lies togeather in this place as is a shame to number them For b●sides all that I haue noted alreadie he cor●upteth also h●re the v●ry text of Azor which himselfe alleadg●th in his marg●nt by translating it falsely into English where as Azor saith in the Case proposed Si venit ex loco aliquo p●ste minimè insecto qui ●alsò habet●r pro ins●cto he ●ngl●sh●th the same by le●uing out the words minime ●alsò saying If
appointed Iudg by God his Father both of the quick the dead which S. Paul cōfirmeth in diuers places as Rom. 13. 1. Cor. 3. So as that first ●peach of Christ that he iudged no man cannot be verified but by a mentall reseruation which what it was the holy Fathers and expositors do labour to explicate And the like to this is that speach of Christ of the daughter of the Archisinagogue The maid is not dead but asleep and yet she was truly dead and the hearers were deceiued in Christs meaning which could not be true nor was held for true in the literall externall meaning but by some mentall reseruation which S. Augustine and other holy Fathers do labour to seeke out what it was and in ●hat sense it was to be vnderstood And many other exāples to like effect are produced and discussed both out of the old and new Testament wherby it is made more cleare then the sunne that this kind of speach in answering by Equiuocation and doubtfull speach when need requireth that is to say when one sense soundeth in the wordes conceaued by the hearer and another is reserued in the mind of the speaker vpon iust causes is no lye but a truth and most lawfull that it were impiety and blasphemy to hold or say the contrary in sundry persons and speaches which holy Scriptures do recount 29. Now then why hath not M. Morton in this his last Reply giuen some satisfaction about this great debt I know his answere will be to say that he will do it in his promised Reioynder which shall be his last day of payment but there remayneth to be considered what liklyhood there is that he will be able to pay at that day especially for so much as he hauing in his last full Satisfaction attempted to answere some like places alleaged before in a litle ●reatise of this matter writtē as he saith by Garnet● was not able to satisfy any one substantially and to the contentment of any meane iudgement as I do shew at larg throughout the third part of my ninth Chapter adding further in the fourth part therof many more authorityes both of Scriptures and holy Fathers to conuince M. Morton that Equiuocation is to be freed both from the name and nature of lying falsity or falshood All which in like manner is concealed by him in this his friuolous Preamble 30. Wherfore hauing cleared all this matter by Scrip●ures holy Fathers euident arguments and reasons ●rom the imputations and calumniations of M. Mor●ō ● do further set downe the assertions groundes and determinatiōs of School-Doctours Deuines Canon Ciuill lawyers with their reasons foundations practise as also I do proue the same by the practise of our very aduersaries thēselues And moreouer I do set downe sundry particuler cases occasiōs wherin Equi●ocatiō may must needs be graunted lawfully to be vsed And ●inally I do āswere solue all M. Mor●ōs pretended argumēts obiectiōs made against vs this common doctrine with such perspicuous euidency as to me it seemeth that no man can doubt therof hereafter And last of all I do conclude with a large exhortatiō to Catholike people that notwithstanding the lawfulnes of Equiuocatiō in sundry cases yet for the seeming iniustice that it may appeare to haue and therby also giue disedification to them that vnderstand not the true ground reason of the lawfulnes for this cause I say and for that in confession of our faith wherof the necessity is frequent in these our dayes of persecution it is no wayes to be admitted or tollerated therefore I do counsell them to be very sparing in vsing the liberty of this Equiuocation when they are not pressed therunto for auoiding some greater euill 31. All which limitations restrictions and explications of our Christian sincere meaning and hatred of lying M. Morton doth conceale from his Reader still cryeth out that we are Patrons of lying no● will he vnderstand the difference nor heare our defence And though he do heare and vnders●●nd vs y●● will he conceale it from the Reader and go on with his clamour as before nay which is more strange he will make proclamation as he doth in this his preamble that he hath gayned the victory in both causes as well of Rebellion as of Equiuocation and yet hath he in effect said no more about the former but what you haue heard touched before which is plain nothing And cōcerning the second he hath chosen out the Example only of the poore woman Saphyra that according to his imagination answered to S. Peter in the Acts of the Apostles with an Equiuocation concerning the selling of her landes but as we hold and proue with a lye and not with Equiuocation And what is this to so long and large a discourse as mine was Wherfore M. Mortons voluntary omissions in this matter are notorious in my iudgement are ●uident signes of great weaknes in his cause Now we are to see others also of an other ●ort which we shall handle in this next Paragraph OTHER OMISSIONS OF M. Morton cōcerning the defence of ten other Protestāt writers charged with false dealing which defence being remitted ouer vnto him was wholy pretermitted concealed by him §. III. IN the the 12. and last Chapter of my Treatise of Mitigatiō for that M. Mort. had cōtinually in his former pāphlets Treatises both o● Discouery Full satisfactiō inueighed bitterly against all kind of Equiuocatiō as falshood lying and against Catholicks as louers fautors therof I thought best to descend vnto some particulers with him for the remouing this vniust reproach and for laying it where it was due to wit vpon Protestant-writers themselues granting that as in a large sense and vnproperly Equiu●cation might be called lying and deceyuing when the due conditions and circumstances of true Equiuocation are not obserued which are to haue a iust cause and true meaning so I said that this kynd of vnlawfull Equiuocati● doth alwayes lightly fall vpon the Protestant side and not vpon Catholiks Which as I had shewed before in multiplicity of occasions against M. Morton himselfe as now you haue seeme and heard in the ●ormer eleuen Chapters of that booke of Mitigation so in this last I thought it not amisse to assigne him some parteners in his cōdemnation shewing that others also of his brethren were of like spirit in lying with him though perhaps himself had out-gone most of them now in that damnable liberty 33. And then for more easy vnderstanding herof I deuided Equiuocation into two sortes the one lawfull the other vnlawfull as hath byn said and this vnlawfull I subdeuided againe as also lying into materiall and formall vnlawfull Equiuocation● the later being much more heynous then the former for that the speaker knoweth that he doth vniustly deceaue by Equiuocation And albeit I do exemplify there in many particulers against M. Morton
no Father had any one place or sentence against Protestant religion he would neuer so much haue discredited them all as heere he doth Wherfore the false Equiuocatiō of M. Iewell is notable in this place 46. But besides this I do lay forth six seuerall examples of egregious wil●ull corruptions taken out of M. Iewells bookes and wordes which are ou●r long to be repeated heere two or three also of M. Hornes practise in that behalfe who possessed the bishopricke of VVinchester for some yeares sundry out of M. Calfield diuers out of M. Charke and M. Hanmer and no lesse notorious and wilfull out of M. Perkins some very markable out of Syr Francis Hastings a great nūber intolerable out of Syr Philip Mornay who was chalenged by the Bishop of Eureux for 800. and affrōted with threescore at one offer and conuinced of nine in one dayes conference before the present King of France and his Counsell 47. And finally I adioyne to the former for my last witnesse of false dealing Syr Edward Cooke late Attorney Generall to his Maiesty and not long since manifesting himselfe to the world for a writer against Catholiks whose spirit I do shew by sundry examples to be like the rest in that behalfe leauing the defence both of him and the others to M. Mortons patronage who hath had so litle care of their credit as it seemeth that he hath not so much as once mētioned them or any one of thē in this his Reply but leaueth euery one to shift for himselfe which omission cannot but seeme somewhat preiudiciall vnto them for that euery man will therof inferre that their causes were so bad as he durst not take their defence in hand but especially will this seeme to be true in the cause of Syr Edward Cooke whome M. Morton had more obligation to de●end in that in his booke of full Satisfaction against me he serued himselfe of diuers examples authorityes taken out of the said Knightes booke allwayes repo●table Reportes as there he calleth them VVhich he hauing seene answered since that tyme in my Treatise of Mitigation and shewed to be impertinent and nothing to the purpose had obligation therby to haue defēded somewhat in this his Reply eyther the things themselues or the Author or both but neyther of them hath he donne and therfore do I meane to handle this omission seuerally in the sequent Paragraph OF M. MORTONS OMISSIONS Concerning the defence of Syr Edward Cooke wholy pretermitted by him §. IIII. ALBEIT perhaps M. Morton may say that his meaning was to take in hand the d●fence of his Client Syr Edward Cooke in his other promised Reioynder and therfore said nothing of him now in this his Preambling Reply yet hauing now seene him very hardly charged in two seuerall Bookes the one of the Catholick Deuine in āswering to the fi●th part of his Reportes the other the Treatise of Mitigation with the like imputations of vntrue dealing as are laid against M. Morton himselfe it seemed that it had byn a point of frendship if not of duty to haue said somewhat for preuenting and staying at least the Readers preiudice as in his Preface he said he did for himselfe especially for so much as he had seene now and read all those places which he borrowed out of M. Cooke to furnish one whole Chapter of his full Satisfaction fully answered and confuted by the Catholicke Deuine in his foresaid Booke which M. Mor●●● might haue at leastwise mentioned among so many other poyntes of lesse importance which he handleth if his hart had not serued him to take vpon him the whole defence 49. But all these indeed are signes of feeblene in both parties I meane as well in the Patron 〈◊〉 the Client for that it is no lesse strange that Syr 〈◊〉 Cooke himselfe hauing set forth a certaine Preface for some excuse of himselfe and this after my Treatise of Mitigation wherin he was so deeply charged with sundr● grosse and willfull falshoods had byn seene and read by him and yet to say neuer a word of this charge nor how he could discharge it this silence I say is no lesse strāge vnto me then the other of M. Morton but rather more for that Syr Edward was to defend himself M. Morton another propria magis premunt our owne affayres do more presse vs then other mens Wherfore to the end that I may somewhat oblige both M. Morton in his promised Reioynder to be more myndfull of this matter and Syr Edward himself if he meane to write any more Bookes against vs to cleare somewhat this Charge that was layd against him I shall repeate the same againe here as it was there set downe in my other Treatise Thus thē I wrote at that tyme. 50. Our last example said I shall be of Syr Edward Cooke lately the Kings Attorney who hauing taken vpon him these yeares past to be both a sharpe writer and earnest Actor against Catholicks semeth therwith also to haue drunke of this spirit in such aboūdant measure as he is like in time to ouerrunne all the rest if he go foreward as he hath begunne For that being admonished not long a goe by one that answered his last Booke of Reportes of diuers notorious his excesses committed in this kind he is men say so far of from correcting or amending the same as he hath not only in a late large declamatiō against Catholiks in a Charge giuen by him at Nor●ich repeated and auouched againe the same excesses but hath added others also therunto of much more apparant ●alsity As for example he was admonished among other points that it was a notorious v●truth which he had wrytten and printed that for the first tenne yeares of Q. Elizabethes Raigne no one person of what religion or Sect soeuer did refuse to go to the Protestants Church Seruice which the Answerer confuteth so clearly by so many witnesses as a man would haue thought that the matter would neuer haue byn mentioned more for very shame and yet now they say that the Attorney being made a Iudge hath not only repeated the same but auouched it also againe with such asseueration in his foresaid Charge as if it had neuer byn controlled or proued false 51. Nay further they wryte that he adioyned with like asseueration diuers other things no lesse apparantly false then this As for example that Pope Pius Quintus before he proceded to any Ecclesiasticall Censure against Q. Elizabeth wrote vnto her a Letter offering to allow rati●y the English Seruice Bible and Communion booke as now it is in vse in that kingdome if she would accept it as from him which she refusing to doe he did excōmunicate her By which tale he acquiteth notwithstanding Catholiks if you marke it from procuring that Excommunication for rebellion which elswhere he oftē obiecteth most odiously against them For if vpon this cause she were excommunicated what part
either in the one or the other point is not proued by any one of all these examples nor by them altogeather though they were granted to be true as here they lye For that they do not proue that either our Kings here mentioned did assume to thēselues to haue Supreme authority in spirituall affaires or to take it from the Pope nay the Catholike Deuine in answering to Syr Edwards obiections herein doth euidently shew and proue yea conuinceth that these fiue English Kings here mentioned to wit King Edward the first Edward the third Richard the second Henry the fourth Edward the fourth vnder whom these Cases fell out did all of them most effectually acknowledge the Popes supreme authority in Ecclesiasticall matters and were obedient Children to the same as he shewed by sundry most cleare and apparant examples of their owne actiōs towards the Sea Apostolike and that these particuler Cases supposing they were all true and fell out as heere they are set downe to wit that the publishing of a Bull of Excommunication in some Causes and vnder some King might be held for Treason as also that the Archbishops lands might be seysed vpon for refusing to admit the Kings presented Clerke that in Parlament it was said that the Regality of the Crowne of England depended not of Rome and that in certaine Cases no suites might be made thither without recourse first to the Ordinaries of England 72. Albeit I say that these things were all granted as they lie yet do they not inferre by any true cōsequence that which the Knight and Minister should proue to wit that for this either these kings were or held themselues for supreme in spirituall authority at that tyme or that it was denied vnto the Pope Wherof this one is a most conuincent argument that the like Cases do or may fall out at this day in other Catholicke Countries and Kingdom●s as in France Spaine Naples and Sicily where ●here be diuers Concordates res●rictions limitations agreed vpon for auoyding further inconueniēces betweene the Pope and Catholicke Kings and Princes concerning the manner of execution of Ecclesiasticall authority without any derogation to the Supremacy therof in the Pope And so might men be punished by the said Princes for breaking rashly the said agreements as they may and are dayly in the said Kingdomes especially in the last and yet do not these Kings thereby either deny the Popes supreme authority or take it to themselues as M. Attorney M. Morton do falsely ininferre in these our cases And thus it is manifest that albeit these exāples were in all r●spects truly alleaged yet are they impertinent to proue that which is pretended And this for the first point 73. But neither is it all true that heere is set down nor as it is set downe which is the second point to be considered For which cause though I find these fyue Cases sufficiently answered by the Catholicke Deuine in his late Booke against M. Attorney y●t for t●at the said Knight in his last Preface to the sixt part of his Reports doth say that he fyndeth him vtterly ignorant in the lawes of the Realme though as a Deuine he made no profession to be skilfull in the same yet shall I adde somewhat to the reuiew of these Cases whereby it may appeare at leastwise whether he to wit the Deuine or M. Attorney or M. Morton haue vsed the skill of their professions with more sincerity in this matter 74. The first Case th●n is thus set downe by M. Morton out of the Attorneys booke though not altogether as it lyeth in his booke but with some aduantage as the Attorney did out of his Bookes whereof he tooke his Case So as here is helping the dye on all hāds as you see In the Raigne of King Edward the first saith M. Morton a Subiect brought in a Bull of excommunicati● against another Subiect of this Realme and published it But it was answered that this was then according to the ancient lawes of England treason c. as before is set downe 75. Wherein I must note first before I come to examine the answere already made that M. Mortō can not choose as it seemeth but to vse a tricke or two of his art of iugling euen with M. Attorney himself For whereas he relateth to with the Attorney that this Bull of excommunication was published to the Treasurer of England M. Morton clyppeth of all mētion of the Treasurer which notwithstāding in this Case is of great moment for so much as it semeth that if he had published the same to the Archbishop or Bishops appointed to haue the view of such things and had brought their authenticall testimonies for the same it seemeth by the very booke it self of Iustice Thorpe who recounteth this Case by occasion of the Case of Syr Thomas Seaton and Lucy 30. E. 3. that it had byn litle or no peril at all vnto the publisher for that this reason is alleaged for the offence therein committed that for so much as the partie to wit Lucie against Syr Thomas Seaton did not shew any writ of excommunication or any other thing sealed by the Archbishop of England nor any other Seale that was authentike prouing this therfore the Bull was not allowed c. 76. This then was a fine tricke to cut of all mentiō of the Treasurer the other also immediatly following hath some subtilitie in it though not so much as the former to wit that it was answered that this was Treason c. for that in none of the bookes cited either of Thorpe or Brooke is any mention of such answere giuen as M. Morton feygneth nor any such iudgment of Treason passed theron as M. Attorney would make his Reader belieue as presētly shall be proued So as these are the first two trickes of M. Morton to helpe his dye all the rest for the substance of the matter is like to fall vpon M. Attorney 77. First then the Answere of the Deuine vnto this Case not hauing commoditie at that time to see the two bookes of Thorpe and Brooke cyted in the margent was that it could not possibly be imagined by reason that the Case stood altogeather as M. Attorney did set it downe esp●cially with this note in the margēt that the bringing in of a Bull against a subiect was Treason by the ancient cōmon lawes of England before any Statute law was made therof for that the Deuine demandeth what this Common law was not made by Statute How was it made By whome Where At what time Vpon what occasion How introduced and commonly receiued for all this a Common law supposeth especially for so much as the said Deuine had shewed and aboundantly proued now that all precedent Kings of England both before and after the Conquest were most Catholicke in this very point of acknowledging the Popes supreme and vniuersall authority in spirituall affaires wherof the power
l●wes as Fox testifyeth it was made a law That publike ●ayres and markets should not be holden vpon Sundayes Item That euery wife that shall during her husbands li●e commit adulterie shall haue her nose and eares cut of Item That if a wyddow marrie within a yeare a●ter her husbands death shee shall leese her ioynture Item That whosoeuer hauing touched t●e holy Bible haue for sworne himselfe should leese his hand except he had redeemed the same at the Iudgment of the Bishop And the like seuerity was to be vsed vpon vniust Iudges that by corruption gaue wrong sentēces And this by the Danish lawes But vnder King Edward the Confessour that reuiewed ouer all the former lawes againe both of Saxons and Danes retayning such as liked him and excluding the rest diuers others of his owne were made which Polidore sayth were called Leges communes the Common Lawes which importeth farre lesse antiquity then M. Attorney auoucheth among which this was one That Vsurers should leese all their goodes and besydes be cast into banishment as being plagues of the people which rigour is not now vsed and perhaps may not be by our moderne Cōmon lawes as neyther the other before mentioned of cutting of the wiues nose and eares that is an adulteresse which perhaps would make many a pittifull and foule sight in our Countrey So then these and many other such lawes which were generally receaued in our Iland before the Conquest are not at all now in vse as all men will confesse and therby it euidently followeth that there hath byn change and alteration of lawes in our Realme and that our Common Lawes at this day are not so excessiuely ancient entire and excellent as Syr Edward Cooke would haue vs thinke and belieue that they are 53. Concerning which excellency next after antiquity and integrity we must now adde a word or two more for that notwithstanding all that Polidore Ingul●us and Iohn Fox haue said before of the iniquity of such lawes as were promulgated by the Conquerour against rath●r then for the English Syr Edward heere with his fellow Iustice as yow haue heard sayth that without all doubt they are absolutly the best of all other nations Wherunto the Catholicke Deuine answered before that as he would not discommend his Countrey lawes nor diminish any part of that praise which is due vnto them if they be well and rightly executed so on the other side the malice and infirmity of men considered they seeme to learned strāgers to diuers also of our own Countrey not to haue such excellēcy in them but in diuers pointes to be defectuous to leaue the subiect open to many iniuries oppressions ruines and other inconueniences in sundry cases which are piously prouided for by other lawes 54. As for example among the rest is noted and censured for most strange the manner of iudgment for life and death where no Aduocate nor learned Counsell is allowed the defendant for defence eyther of his honour liuing or life but himselfe only must speake answere for all against the impugnations of many and potent aduersaries that with their authority and coun●enance bitter wordes threats taunts terrour of speach other like mean●s may so oppresse him and put him out of hims●lfe as that when it importeth him to say most he can say least and so perish for lacke of iust defence as more largely the Deuine doth prosecute alleaging also many reasons for the same against all which hu●ts inconueniences other countrey lawes both ciu●ll and Municipall do make ample and car●full prouision 55. Another defect also in the same matter seemeth vnto strangers to be very great and importable which is that any one of the 12. men who are to go vpon his life may haue such passion against him as he would ouer weary all the rest except they will yeald to his condemnation Wherunto this also being added that if the sayd Iurours do condemne any neuer so wrongfully there is no punishment for it in this life but only before God but if they deliuer him against the inclination of Prince or Court● which is easely to be knowne or coniectured great perill hangeth ouer their heads to be troubled vexed and forced to weare papers for periury This I say considered by learned men that are indifferent in the cause doth make them wonder and thinke that no Natiō liuing hath more harder lawes in this point nor more vnequall for the subiect then ours 56. The like may be sayd about the dowry of women that do marry which if it be in money goods or Chattels may be spent and consumed by the euill husband against whome she hath no remedy nor security at all which by the Roman Ciuill lawes is most carefully prouided for So as whatsoeuer disorders the euill husband doth commit eyther in spēding or offending yet is his wiues dowry secure nor can he spend or dilapidate any thing therof but only the rent or annuall Income for what occasions soeuer 57. Another also not vnlike to this is the small prouision by our common lawes for yonger brothers especially of the Gentrie and Nobility who being brought vp during their Fathers life in equall condition with the elder brother are afterward inforced to great inequality yea oftentymes to great misery our common lawes not prouiding for them in the diuident of their Fathers goods nor yet obliging their said elder brother to allow them competent maintenance conforme to their state and birth which other Countreys do 58. The Case also of Pupils seemeth strange to forraine nations that the wardship of them both for education and liuings I meane of such as haue any tenure from the King in Capite should be in the Princes hand without any obligation of yealding accompt for the Rents receaued spent or wasted Nay that their marriage and marriage-money or wyues dowry must appertaine to the Prince and be in his disposition wheras in all other Kingdoms abroad there is singular care had and prouision made by their lawes for Pupills and Pupillage and so doth their case in all equity require as being orphanes and destitute of their Father that should protect them I might touch heere diuers other markable points which foreiners do consider and one not the least that our law doth not seeme to haue sufficiently prouided for the exorbitant liberty and auarice of some of our lawyers for all are not culpable in taking money without lymit and enriching themselues therby more swiftly and excessiuely then any other sort of men whatsoeuer which being ioyned with their authority power to oppresse whom they will they become a terrour euery one in his Coūtrey to the best of the Kings subiects so as no man dare to speake or looke against them And truly the particulers that are recounted of exorbitant Fees taken by diuers to purchase as it were their looke without saying any one word for thē at
fol. 10. that the Abbot and Prior of VVestminster had their possessiōs in seueralty from tyme to tyme out of mynd c. Nor is there any thing spokē there of the kings graūt at all and if there were yet must it be vnderstood according to that which is declared by the Catholicke Deuine of the concession and confirmation of priuiledges granted by Pope Leo the 9. and Nicolas the 2. to K. Edward the Confessor concerning the said Monastery of VVestminster to wit that they gaue him authority to graunt priuiledges which they themselues did ratify after they were granted and so in this case the separation and seueraltie of the said Abbot and Prior of VVestminster hauing bene time out of mind must necessarily be presumed to haue proceeded originally from the Pope as the booke 11. H. 4. saith and that the Grant of the K. was but his allowance and good leaue to the same 101. I might produce heere many other particulers both vnder this K. Edward the 3. and much more if I would descēd any lower to the raignes of other ensuing kings but I thinke best to stay my selfe heere leauing the rest to some other more fit oportunity which before I haue insinuated● and this which already hath bene spoken may be sufficient to declare and make manifest that Syr Edward is neither so exact and punctuall in his truth as he would seeme when he saith That the credit of euery writers whole worke must depend of the verity of euery period therof nor yet so sincere in the simplicitie of his allegations as that he vseth not either inference argument or exaggeration as of him self you haue heard him protest before for so much as now more or lesse you haue seen beheld both these two as●euerations of his contradicted by himselfe in deeds the first by many vntruthes vttered in his behalfe the second by a perpetuall course of crafty dealing to inferre and inforce such things to his Readers apprehension as his Authors neuer meant nor the books by him cyted do affoard or beare wherof I do vnderstād that he is like to heare more ere it be long frō a Catholick lawyer that meaneth to ioyne with the Catholick Deuine in defence of their cōmon Catholicke saith about these poynts and to deale with Syr Edward in proprijs vpon his owne grounds as I doubt not but that he may with great aduantage in respect of the notorious difference of their cause the one hauing with him the authority prescription of almost a thousand yeares in our Country wherin all Lawyers Iudges and Learned men of that professiō were truly Catholick and of one faith iudgment and Religion and the other hath not yet full the prescription of one age to stand with him in his nouelties and consequently no meruaile though he meane to stand to his owne wit only OF ANOTHER Preface ins●antly come vnto my hands prefixed before the L. Cookes seauenth Part of Reports conteyning new iniuries offered to Catholikes by him §. VI. BEING come to this place of my answere I receyued a new halfe sheet of paper printed in latin without the English conteyning another Preface of the Iustice before his 7. Part of Reports and albeit I expect the rest of the booke both in English Latin yet perusing ouer this in the meane space which already is come I perceyue Syr Edward Cook● to persist still in his old animosity of pursuing Catholiks vpon euery occasion offered or sought for by him so as nothing can come from him eyther in speach or writing but some part must concerne thē and their imputation And as for his speaches especially his Charges giuen vpon the Bench I haue said somewhat before and how bitter false and iniurious they are alleaging in particuler some passages of his Charge giuen at the Assises of Norwich vpon the 4. of August 1606. published in print by R. P. dedicated to the Right honorable Earle of Excester which two leters of R. P. I knew not at that tyme whom they meant vntill now in this Latin Preface Syr Edward calleth him inuidum maledicum Pricket an enuious and slaunderous Pricket for that belike he had pricked somwhat his Lordshipps patience by the edition of his said Charge without his licence he adding moreouer That the said Pricket had not set downe any one least sentence of his speach truly and sincerely in that sense and signification wherin himselfe had vttered the same which no doubt was a great fault in Pricket if it were true 103. But on the other syde is first the protestation of Pricket himselfe who saith to the foresaid Earle shewing both his sincerity and affection towards the Iustice. If therfore in this following worke saith he my memory hath giuen a true instruction to my pen I hope my labours shall be accompted profitable when it administreth a publike benefyt And agayne I humbly craue your Honour will vouchsafe to patronize this litle booke by me collected not out of myne owne but frō the words of that Reuerend and learned Iudge the L. Cooke who at his comming vnto Norwich did vpon the Bench deliuer a Charge so excellent as that it worthily deserueth to be continued in perpetuall memory These are Prickets words which seeme to free him much from the passion of enuy and malediction obiected by Syr Edward whom he pretendeth greatly to honour by this edition of his speach And that no affection towards Catholiks did biaz him in this relation may appeare by his other words that presently did ensue after the former saying I hope that this speach being produced to a publike view shall remayne vnto our publike weale a worthy president wherin Romes Champions may with shame discerne their long continued shamefull practises Puritans and Schismatiks learne to know with what iniustice they disturbe the happines of our most happy Peere So Pricket who sheweth himselfe as you see a perfect Protestant in profession and therby it is made very probable that the enuie obiected vnto him by Syr Edward did not arise vpon any di●parity or partiality of religion notwithstanding it may be that the difference of their two particuler states in purse and wealth considered Pricket being a poore souldiour might enuy somewhat the rich lawiers great wealth and aboundant flowing fortunes For thus he beginneth his Epistle to the said Earle lamenting his owne penurie 104. May it please your Honour the obseruation which this world begets may teach experience truly to report that loue and charity are for the most part growne so cold euen in the hoatest sun-shine of our profession as that despised pouerty though addicted to the religious exercise of endeauours cōmendable is in the best imployment which seemeth with greatest fauour to smile vpō our hope so coldly recompenced as that poore vnpittied deiected and miserable pouerty knoweth neyther meanes nor place how or where to warme herselfe Vnhappy I in this best tyme of greatest
happines who being as I am a poore despised hated scorned and vnrespected souldiour so vnfortunate as no commended meanes though many vsed with confirmation both of loue and loyalty can be of power to raise a spirit drowned in the worst of misery frō despayres gulfe c. Wherby it may appeare that Prickets chief endeauour was rather indirectly by laying forth his owne temporall needs to draw somewhat from Syr Edwards purse and by writing the story of his glorious speach at Norwich to gayne vnto himself his good will and affection for his reliefe then any way to shew malignity against him wherof I fynd no cause or probability but rather his pricking stomake against vs whom Syr Edward also impugned and consequently if any thing be found in his narration that at this present displeased Syr Edward it must be thought to proceed eyther from the errour of the others memory that directed not well his pen or from some change of mynd in Syr Edward himselfe who now perhaps reprehendeth that which before he misliked not but was well content to haue it published And to this later coniecture I am the rather induced to incline for that there are now two yeares past more since Pricket set forth in print this speach and I neuer heard that Syr Edward did mislike it vntill at this present I see it so greiuously reprehended by him in this last Preface for in the former that was prefixed before his sixt part of Reports which seemeth to haue come forth after Prickets relation no complaynt or mention is made therof 105. But you will aske me perhaps why so great a charge should be found in Syr Edward that he should so sharpely and vehemently inueigh against that which before he liked or at leastwise tolerated for so long tyme wherunto truly I know not what other thing to answere but that it may be that the exceptions I tooke in my answer to M. Morton against diuers things in that narration as notorious vntruthes might displease or stinge somewhat Syr Edward who hauing no list to answere the matters thēselues thought best to fall aboard the relator to lay the fault on him saying that he hath not related matters aright wherin as I meane not to excuse him so on the other side it seemeth very hard vnto me that the substance of those points wherin I touched Syr Edwards vntrue dealing and many other wherin I might haue said much more should be feigned or deuised by Pricket or related by him more maliciously against vs then they were meant or vttered by the Iustice himself which is euident partly by that which I haue heard to be continued still by him both there and in other places where since that tyme he hath giuen Charges to the Iurie wherin the greatest part and most bitter of his speach is allwayes commonly against the Catholicks as though they were the greatest malefactours of the realme to be inquired of And in this very Charge and speach related by Pricket his malicious in●ectiue against them conteyneth aboue a dozen leaues printed the whole thing it self scarce being as much againe 106. And if you will behold the impertinency vanity therof considering the auditory of Norwich his Countrey where he would needs triumph gloriously in that first Charge if I be not deceyued after he was Iudge you shall fynd it not only like to be Syr Edwards but worthy also of his veyne in that vanity for that hauing first by a seuerall Exordium set down a tale of a Noble yong Roman that was by the Senate made a Iudge in his tender yeares and for diuers reasons and considerations of the dignity therof made some delay and difficulty in admitting the same he did notwithstanding vpon some friends persuasion yeald at length to accept therof all which Parable the Iustice applying to himselfe beginneth his Charge with such plausible Oratoricall wisedomes eloquence to vse the words of his Relatour M. Pricket as first he expounded vnto them vpon his fingers the Grammaticall verse Quis quibus quid quomodo and de quibus that is who sent this Commission to wit his Maiesty To whom to Syr Edward and others vnder him What did it cōteyne Great and high authority How must it be executed By doing iustice Of whom and what causes must inquiry be made Principally and in the first place against Catholiks that do professe the Roman religion and obedience of the Pope 107. And is not this a goodly deduction Was there euer any English Iudge before the Apostacy of Martyn Luther that gaue a Charge from the bench against such men for being such If all the Iudges lawiers of our Nation that euer gaue Charges to inquire of malefactours for nine hundred yeares together and more in our Iland after Christian religion receyued did giue such a Charge for such a crime then hath Syr Edward somewhat to excuse his insolency heerin But if there be none as most certainly there is not how then doth he performe his promise made heere in this new Latin Preface of auoyding fiue things in setting downe his Reports Wherof the fourth he termeth Nouitatem Nouelty which he defyneth to be then when si ad amussim nostrorum librorum antiquorum exempla applicentur nequaquam quadrant If the things which he speaketh being applyed to the exact rule of their law-bookes and examples of their ancients do not agree therunto Which he holdeth for a thing most vnworthy of their profession indignissimam studiis nostris VVherefore eyther he must bring forth such ancient bookes lawes and examples for himself and his cause that precedent Iudges haue giuen such Charges or els he conuinceth himselfe to be most vnworthy of that place and dignity of law which he holdeth 108. But to returne to the Charge giuen at Norwich after he had expounded the verse of Quis Quibus c. according to his manner of ostentation he beginneth his narratiō thus Our worlds admired Queene renowned Elizabeth did as you do know in the beginning of her Raigne change the State of religion in this kingdome in her first Parliament by the consent of her Lordes Spirituall Temporall c. and then he goeth forward to shew the continuall reclayme and resistance made by Catholicke men from tyme to tyme for their religion wherby thinking to disgrace them as rebellious for their reluctation doth in deed giue them the highest cōmendation that can be giuen to Christian men which is to stand firme constāt to the worlds end in their Religion once receiued and continued to their tyme. And for himsel●e doth insinuate therby that for the gayning of aduancement and pleasing a worlds admired Queene or any other worldly Prince it were no hard matter to make him admit any change of Religion whatsoeuer for so much as he alloweth so easily of this which this VVoman-Queene made with admiration and wonder o● the world yet doth he vtter
in which heere he seemeth in part to be by his offer of vnion and agreement though in the very next leafe he falleth into extremities agayne saying That the most sacred person of Gods annoynted king Iames whome Pope Clement the ninth could proudly dare to terme the Scottish Her●ticke shall vnderneath his Princely foote tread downe Romes faithlesse Papall proud and Antichristian heresy c. 115. Do you see where the man is againe Euen now you haue heard him ascribe so much to Pope Pius Quintus as for that he was presumed though falsely to offer the allowance of the English Communion booke to Q. Elizabeth if she would take it of him that therfore they had a doctryne of faith religiō sufficiētly necessary to saluation for that the Pope had allowed it and yet now he turneth to his old rayling calling the Romā faith Romes faithlesse Papall proud Antichristian heresy And therby maketh all Christian kings that acknowledg the Popes spirituall authority to be faithlesse Antichristian heretikes How will this soūd in the eares of all forraine Monarches and greatest Potentates that are touched therby Is this intemperate speach befitting a Iudges person yea a Chiefe Iudge But there is nothing more intolerable in this speach then the base odious flattering of his Maiesty which vice it is read that diuers magnanimous Princes haue more hated and punished then any cryme besides yea next vnto treason it selfe especially when it is conioyned with notorious falsity as this is when he saith That Pope Clement the ninth he should haue said the eyght could proudly dare to terme the Scottish hereticke which is indeed a famous English calumniation deuised by himselfe or others and can neuer be proued to be true for that Pope Clement spake euer very respectiuely of his Maiesty in all occasions both when he was in Scotland and after Neyther will the contrary be found in any of his writings Wherfore it is both shamefull and shamelesse that such open vntruthes should be spoken in publike audience without controlment But let vs goe forward to a point or two more 116. After his former exhortatiō inuitation to draw Catholicks to his doctryne of faith and religion sufficiently necessary to saluation he pas●eth to another point of threatning first that his Maiesty will neuer giue any toleration to Catholicks and the second that in the meane space while they hope in vaine they shall abide the smart of punishments The first he proposeth in these words If there be any Papist so ●oolish and altogeather reasonlesse as to expect that his Maiesty may be drawne to such alteration or toleration as they desire I will them assuredly to know they hope in vaine The second he setteth downe thus Such Papists as notwithstanding the impossibility of their hope will still remaine peruerse let them know for certainty that the lawes concerning them shall receiue a most strict and seuere execution against them 117. This is the dreadfull denunciation of our new Iudge wherby you see that in the one he forestalleth absolutly his Maiesties will not only for the present but for all time to come further perhaps then he hath commission to take vpon him For what knoweth he what God may inspire his Maiesty in succeeding yeares Or what other reasōs and circumstances of time place and state of things may induce his Royall Wisdome prudently and piously for benefit of his subiects to alter somwhat his present resolution Is not the hart of kings in the hands of God Wil my L. Iustice so make himselfe Pedagogue and Maister of his Maiesties will as he will define or predetermine before hand what he shall doe or what he shall not doe for the time to come This is very predominant indeed and were more then inough for a whole Counsell to doe but much more and farre ouermuch for him that hitherto so farre as I know hath noe place among them We cannot but hope better of his Maiesties pious disposition and trust that in time we shall say also Spes non confundit notwithstanding the desperate resolution of Syr Edward to the contrary 118. And as for the second point of his threatning punishment and vexation to Catholickes it is litle to be wondred at and lesse to be esteemed in such a Cause as they suffer for Lesse to be wondred at for that such animosity of spirit is wont often to accompany them that rise in hast to excessiue wealth and authority ouer others lesse to be esteemed by Catholicks who both take it for a glory to suffer for their Religion and haue learned by experience of former tymes that God is wont to extend his hand and make an arrest euen then when those that persecute his seruants are most in their heate of pursuite against them And I could wish that Syr Edward did but looke ouer the two ancient written Bookes the one of Tertullian to Scapula the other of S. Cyprian in imitation of the former to Demetrianus both of them persecuting Iudges whome the said Authors do earnestly exhort to looke vpon the endes of such as had beene their persecutours in that their office before Possumus sayth Tertullian to Scapula exitus quorumdam Praesidum tibi proponere c. We might lay before your face the ends also of certayne Presidents or Iudges that after afflicting vs felt the hand of God themselues and then he nameth Vigelius Saturninus in Africa that was suddainly stroken blinde Claudius Herminianus in Cappadocia that was eaten with life Ceciliu● Capella of Byzantium that after much cruelty perished miserably when he least expected And I thinke also that I may truly adde that whosoeuer shall looke vpon the endes of such as haue bene the greatest persecutours of Catholikes in England since persecution began and among those also some Iudges of Syr Edwards ranke if I be not deceyued will finde litle cause to brag or to vaunt that they were happy therin But howsoeuer this be I say to our Iudge as Tertullian sayd to his when he layd before him the sayd examples Non te terremus quia nec time●●● we do not go about to terrify you for that neither do we feare you in this cause though I know you may vexe vs as you haue donne and do but when all is donne our hope is where it was in the Highest and our assurance and protection is the warrant of our Maister Nolite timere eos qui corpus occidunt c. Doe not feare those that can vexe or kill the body and afterward can do noe more but feare him that after this life can cast into hell and euerlasting torments and this Iudge must our Iudge feare also For he is Iudge of Iudges and can both reuerse iudgments and reuoke sentences at his pleasure 119. And thus much haue we bene induced to speake and repeate againe in this matter of this Norwich-Charge by occasion of Syr Edwards accusation of Pricket in
setting downe the same wherin if he had gone about to recall or mislike any part therof as ouer iniurious to Catholicks we should haue accepted therof most gratefully and adioyned with him in the iust reprehension of Pricket as hauing related that speach more maliciously then it was meant against vs but I can discouer no such meaning or moderation in Syr Edward by that he hath written since that time or spoken againe in that place whereof I haue heard by some that were present that he hath borne himselfe no lesse insolently then in the former speach especially bringing in tales against Monks to get applause therby of the vulgar people against that order of Religious men in the Catholike Church whereof you haue heard one example before of the Prior that was feigned to haue gotten by fraud a Gentlemans land in helping him to make his Testament another was of an Abbot that made an inclosure and tooke in a high way within his inclosure and for that there was a rough and rude Country-man that brake downe his inclosure saying that he would passe where his father and grandfather had passed the Abbot being a lustie tall fat and strong knaue sayth Syr Edward desiring to fight hand to hand with this clowne or country-man when he was to repasse that way tooke on a seruing mans apparrel if you will belieue the story went to the place watched his returne ioyned with him in combat and was well beaten by him And then did Syr Edward both laugh hartily and giue God thankes that he had found out such a History to tell them in that place and further he sayd that he was hartily glad that it fell vpon an Abbot And was not this graue matter thinke you for a Iudge to treate in that place and auditory VVhat would the Roman Senate haue thought of their yong Roman Iudge whose imitation it seemeth that Syr Edward in the beginning of his Speach had prefixed vnto himselfe if they had vnderstood that from the Bench and Seate of Iustice euen pro rostris he had vsed such leuity of speach and action as this is 120. But heere now it may be that my L. will be some-what displeased to haue his things published abroad which he did but speake for his priuate pleasure mirth and triumph in his Countrie of Norwich But the fault is his owne in speaking it so lowdely and not obseruing the counsaile of his Honourable friend who hearing him one day o●erlash very much as heere is reported against Catholikes said merily but wisely vnto him speake softer my Lord for that otherwise you will be ouerheard beyond the seas But for remedy of this also it seemeth that his Lordship hath thought now vpon a more effectuall way to be free from these admonishments from beyond the seas For in this new last Preface of his after a great reprehension of those that write in these our times saying Quotidie plures quotidie peius s●ribunt that euery day more do write and do write worse wherin I doubt not but his owne writings are excepted by his Lordship being also a moderne writer himselfe he cōmeth to pronounce this terrible sentence vpon all Catholicke bookes and writings that come from abroad Si quisquam hominum c. Yf any man shall bring into England any of those Bookes which I haue seene lately written from Rome or Romanists or shall by reading seeme to patronize them with his suffrage or with approuing them shall deliuer them to others to be read he must o● necessitie ●or the first fault be condēned in a Premunire with losse of goods and lands and to be imprisoned during life at the Princes pleasure and for the second he must suffer death as in case of treason This is his denunciation and determination which he prooueth not otherwise in this Preface but only by his owne asseueration It may be that he will go about to prooue it afterward out of some lawes that he is to relate in this his seauenth Part of Reportes and that he will do it as substantially as he prooueth before in his fifth part that Q Elizabeth and her predecessours according to the ancient common-lawes of England had supreme Ecclesiasticall authority Yf he doe somewhat may chance to be sayd to the booke whē it shall be seene for hitherto I haue had no view therof at all only I must needs say heere that in wise and indifferent mens iudgmēt Syr Edward being a writer himselfe against Catholickes and hauing therby prouoked them to answere him as before you haue heard how ioyfull he was when any obiections were made by the Student against his writings and the more saith he the better he hath not prouided well for his credit and honour to go about now to barre all writing on our side by terrour of penalties yea of death it self For this is plainly to prouoke to the field and then to get a proclamation that if his enemy do ouercome him his victory shal be death 121. But I cannot perswade my self that Syr Edward will easily get any such vniust and dishonorable refuge for his defence For either he must procure it to be decreed of new by some moderne law which being so vnreasonable I cannot expect from the wisedoms of so many graue men that must haue voyc● therin or he will deduce it out of some ancient lawes of England and therin I dare ioyne with him that he is not able to do it 122. VVherefore my counsayle should rather be to Syr Edvvard that either he would cease to prouoke vs by writing or intemperate speaking against Catholickes or take in good part our temperate answers or cause them with like temperance to be confuted by himself or by some on his part or so finally change his course towards vs as we may haue no speciall cause to complayne of him more then of others which were a farre better way in my opiniō to peace and profit of both parts then by terrour of punishments to seeke to oppresse all Catholicke writings which will be very hard for him to do And when it should succeed he were like to gaine least of all therby For that most probable it is that in such a case they would all turne their pennes against himself insteed of other argument by his meanes prohibited 123. And this is as much as I haue to say about this last Preface which commeth intituled thus Deo Patriae Tibi signifying therby as I comprehend the matter that this seauenth Part of his Reports now come forth is dedicated as seruiceable to all those three to God our Country and the Reader which if it be no otherwise written then the fifth Part that I haue read it may very well be returned againe by the Reader saying N●c Deo nec Patriae nec Mihi It is neyther profitable nor seruiciable to Gods honour nor to our Countrey nor to Me. Not to God for that it impugneth his
the affirmatiue by Scripture S. August the negatiue by custome and tradition of the Church and preuayled also therin and in many other examples that scripture only must not be the rule of beliefe for that there are many things which are and must be admitted though they be not expresly in Scriptures This is S. Augustins discourse which being so it sheweth a notable fraud and desire to deceau● in M. Morton that telleth his Reader that S. A●gustine did excellently commend that forme of arguing in S. Cyprian which he indeed doth largely and expresly impugne wherof see more before Cap. 3. num 107.108.109 c. 18. In the 70. page of this his Preamble writing of Purgatory he seemeth to haue set downe one of the most manifest and boldest vntruthes that euer commonly I haue read for thus he writeth VVhen I speake of Fathers for proofe of the article of Purgatory the most of them when I speake of Canonicall Scriptures all of them are ●ound by the iudgment o● their owne Doctours to be tortured wrested and forced as it were to say that which they neuer meant This vntruth I say seemeth so manifest plaine as there needeth no other proofe to conuince i● but only the bare narration therof For how can it be possible that our Doctours do belieue the article of Purgatory if in their owne iudgments they hold teach that all Scriptures alleaged for the same and the most part of Fathers are made to say that which they neuer meant therin and this by turning wresting and forcing Is there any man that will admit so violēt a fact as this Or is there any man so light foolish eyther Protesta●t or Catholick as will giue credit to so fond an assertion Wherof see more before Cap. 3. num 138.139 c. 19. In the 71. page of this his Preamble M. Morton taking vpon him and promising to discouer such notorious fashoods against me as that he would inforce me by vertue of myne owne promise as he sayth neuer hereafter to credit my selfe beginneth with this in the first place that I in the end of the cōmon Preface prefixed before my treatise of Mitigation did signify that whē I wrote that Preface I did not know whome the letters T.M. did signify yet that in the dedicatory Epistle that goeth before the said Preface I did sūdry times signify that the said letters T.M. did import Thomas Morton and this he setteth downe for the first notorious falshood that he was to handle against me but when matters are examined it is found that my sayd dedicatory Epistle was written long after the Preface and in the last place after the whole Booke was ended and that this could not be vnknowne to M. Morton himselfe for that it is expresly set downe both in the sayd dedicatory Epistle as also playnely declared in the third Chapter of the treatise when and by what meanes I came to know first the true signification of those two letters T. M. after the writing of the cōmon Preface wherin I denied to know it So as this is conuinced not to be any notorious falshood or falsity at all in me but to be more then wilfull and ridiculous in himselfe to charge me with it as is shewed more at large before Cap. 4. num 10.11 c. 20. There followeth pag. 80. of his Preamb. a great conuiction of M. Mortons willfull falsity which I do not see how any wayes possible he can auoyd or excuse and the matter is concerning the testimony of Holinshed in his Chronicle about the cause of Syr Thom. VViats Rebellion which M. Morton had stoutly denyed in both his former Bookes of Discouery Full Satisfaction to haue had any relatiō to Religiō or mention therof in his pretence for which he citeth in his margent Holinshed only Anno 1553. and when against this his Aduersary P. R. cited the playne testimonies of M. Iohn Fox as credible an Authour in his opinion as Holinshed M. Morton in this his last Reply shifteth of this with saying that his aduersary played the Fox seeking to prey furthest of from home for that he had cited Holinshed and to Holinshed he would stand to wit M. Morton wherupon P. R. looking better into Holinshed findeth the very selfe same testimony and wordes in effect which were alleaged before out of Fox and the like also set downe by Iohn Stow in his Chronicle which M. Morton could not probably but haue seene And how then did he make that stout deniall before mentioned in two or three bouts and now the third tyme doth stand in it also can this be excused can this be thought tolerable can this be defended from wilfull falshood knowne to the speaker yow may see more of this matter before Cap. 4. num 54.55 c. 21. Furthermore page 94. of this his Preamble he going about to proue by examples that some Popes haue dyed disasterously nameth Pope Anastasius the second and for testimony therof citeth in the margent Ioan● de Turrecreniat lib. de sum Ecclesiae de Anastasio whose words he sayth are bene legitur Anastasiū diuino n●tu percuss●m i●●ter●sse It is well read that Pope Anastasius dyed strokē by the appointmēt of God then he insulteth that this is the testimony of one of our owne Doctours but whē the place is examined only it is foūd that Turrecreniata bringeth in this by way of obiectiō in the behalfe of others for these are his words Tertium etiā hic inducunt exemplū de Anastasio qui licèt volueri● reuocare Acatium non tamē p●tuit quia diuino nutu percussus est Heere also they bring in a third example of Anastasius who albeit he had a mynd to recall the heretike Acatius to wit to his communion at the vrgent instance of the hereticall Emperour called also Anastasius yet he could not do it for that he was stroken by the hand of God and so therby preuented from falling into that inconuenience● which is the end wherunto Turrecremata reciteth the example to shew the prouidence of God in preseruing the Bishops of Rome from falling into such inconueniences though o● 〈◊〉 Authors also do deny this example for that Acati●● was dead long before which M. Morton dissembling as also that it was brought in the behalfe of Popes and as an obiection others by Turrecremata and not setting downe his true wordes as now yow haue heard doth by all these three meanes shew that he wittingly dealt falsely wherof yow may see more Cap. 5. num 30.31 c. 22. It followeth page 111. of the sayd Preamble that M. Morton to disgrace and discredit the Decretalls Extrauagants of Popes auoucheth that Pope Gregory the 13. of late in this our tyme did by a speciall breue ratifie the Glosses and Annotations vpon the said Decretals and gaue thē authority equiualent and answerable to the Decretals Extrauagants
a litle in following his owne comparison of apples 32. Fourthly and lastly saith he If I shew not that the chiefest aduantage of Roman aduersaries doth consist in falsifications then c. VVherunto I must answere with this distinction for so much as M. Morton speaketh somewhat doubtfully that if falsifications be taken heere passiuely with relation to Protestants then I grant that one of the chiefest aduātages which their Roman aduersaries hau● against them consisteth in falsifications discouered daily in their bookes and writings For that I confesse that no one thing doth more confirme a Catholicke mind in the truth of that Religion which he pro●esse●h then to see the enemies and aduersaries thereof to be driuen to vtter such and so infinite apparent wilfull falsities in defending the contrary For that no man doubtles of any credit honesty or good nature would lye or falsity willingly if he could defend his cause with truth VVhich consideration doth greatly worke also with many Protestants that be iudicious and desyre indeed the truth it ●el● So as in this sense I confesse that one of the chiefest aduantages of Romā Adu●rsaries doth consist in the fal●ifications of Protestant writers 33. But if we take it as I thinke M. Morton meaneth it actiuely in regard of Catholicke writers as though our owne fal●ifications were our chiefest aduantages against the Protestant Religion● it is meerly false For how poore should our Cause be if we had no better proofe for tho truth therof then our owne fictions and fal●ifications deu●●ed by our selues whereof M. Morton hath not byn able to proue any one against any sort of Catholicke writers in all this his Preambling Reply though wholy it was bent and intended by him to that end as may appeare by the third and fourth Chapters of this our Re●kon●ng And on the other side there are so many proued conuinced against him as he neither is nor euer will be able to answere the half of them as you may behold in the fifth sixth and eight Chapters immediatly going before So as this contradiction being so manifest in it self I see not why I may not call for iudgement and iustice against M. Morton that his bookes be purged with fyre and himself challenged to recantation 34. But presently he leapeth away to the contrary syde and placeth himself in the ●ea●e of a Conqu●●our saying thus But these things being 〈◊〉 Gods grace dir●ctly by me per●ormed the fruite therof wi●●be Chr●stian Reader to establish thee in the truth of speach and dutifull allegiance and to put my aduersary P R. I hope vnto silence I pray god to repentance So he and with this he endeth his Booke 35. And as for my silence what successe M. Mortōs hope hath had you see by this my Answere which hath byn drawne out to somewhat more prolixity as I suppose then my ●ormer Treatise it self of Mi●igation which notwithstanding was far from my intent and purpose at the beginning meaning only to haue made a brief conference of things vttered by me in my Treatise of Mitigation with the Answere of M. Morton in his Reply but I found such great store of aduantagious matter ●ast out by him vpon neces●ity of his bad cause as I could not possibly passe ouer the same without saying somewhat to ech point so as I haue byn inforced to write more then I had thought to haue done for that he hath giuen more aduantage then I imagined he would o● reasonably could in so short a worke And thus much for my silence 36. But as for my repentance for which he praieth I must professe that hitherto I find no least motion of mind therunto nor yet cause to moue that motion for the substance of the controuersy it selfe though for the asperity of speach I could haue wyshed that sometimes it had byn more mollified but the reasons inciting thereunto are s●t downe more largely in the Admonitory Epistle to M. Morton himself Here only I will adde that if I could perswade my selfe that he could proue or performe directly or indirectly the things which here he promiseth I should not only be sory that I had written against him in these matters but should endeauour al●o to do the works of true repētance indeed which were to recall my said wrytings and confesse that M. Morton had reason and truth on his side and were not i● these points to be contradicted But hauing seene read and examined with attention so much of his workes as I haue and this also with so great equ●nimity and indifferencie of iudgment as the loue of truth and regard of myne owne soule could worke in me I haue not found any one thing in the matters themselues affirmed by me that might cause the least scruple of mynd th●y being cleere and euidēt truthes in the sight of him that hath the light of a Catholicke conscience And for the manner of M. Mortons dealing I must protest that I find it so vnsyncere which I ascribe to the necessity of his cause as I take great compassion of him and do beseech almightie God to giue him true light to see the dangerous way wherein he walketh whilest he seeketh by sleightes and indirect meanes to defend fancies of his owne of his sect against the truth grauity and authority of his Mother the Catholicke Church AN APPENDIX CONCERNING A CASE OF EQVIVOCATION LATELY written out of England wherin resolution is demaunded about the false Oath of two Ministers Whether it may be salued by the licence of Equiuocation or no TOGEATHER WITH A NOTE OVT OF DOCTOR King his Sermon preached at the Court 5. Nouemb● 1608. so far forth as it toucheth Equiuocation TO THE READER I Receaued Gentle Reader not long since by a letter of the 8. of Nouember anno 1608. from a fri●nd of mine dwelling in the North parts of England● a certaine Aduertisment about a case of Equiuocation fallen out in those parts wherin my sayd friend requested my iudgement whether the same where tollerable or excusable or not And for that it seemed he had some right to vrge me in this matter in respect of the Treati●e written by me of that argument against M● Morton I thought my self the more bound to yeld him some satisfaction to his demand The case then in effect was this 2. A certayne Minister in Yorkeshire named VVh for I thinke not good to set downe all the letters thereof dwelling at a towne called Thorneley if I misse not the name being married and loaden with many children and there vpon ●ot content with the ordinary ti●he● that we●e wont to be giuen and payd in that parish beg●n to vrge one of his parishioners to pay him other tithes also out of a certayne closse or field that was pretended not to haue payed tithes before to other precedent Incumbents Wherupon this Minister deuising with himself how he might further his owne cause resolued vpon this meane among others to
deale with another Mininister which immediately before had possessed that benefice intreating him aswell by request as by offering him a peece of money as hither is written to assist him in this behalf by lending him the ayd of an oath that he had receaued tythes before that time out of that closse or field Wherat though for a tyme the second-Minister did seem t● stick much ●aying that he could not do it with the peace of his conscience yet afterward i● seemeth by the earnest persuasion and inductions of the other Minister his repugnance of conscience was so mortifyed as he yealded to the others intreaty especially for that he told him ●hat he had so great friendship and acquaintance with those that must be iudges and examiners of the cause in Yorke as he doubted not but that their two oathes would carrie it away 3. To Yorke Assises then they went where hauing taken their oathes and pleaded the case at length they found not that successe which they expected For that the whole towne and parish of Thornley offering themselues confidently to sweare depose the contrary in behalf of the defendant to wit that tythes were not accustomed to be payd out of that place the Ministers had sentence giuen against them with no small note of publike periury Whereof one that was a particuler friend of M. VVh demaunding the reason how they could sweare or rather softweare in such manner the thing being knowne to be so notoriously false He answered that they in their owne sense did sweare truly behold then the case of Equiuocation that so they were ready to prooue it if they had bene vrged by the Iudges therin to wit that their meaning in swearing was● that the former Incumbent had receaued tythes out of that closse or field or without that closse or field namly in other closses adioyning though not in the field And with this Equiuocation of out and in they thought themselues cleared both for deceyuing the Iudges and their parishioners Now then to the resolution of the case 4. And first of all by this we see how these good fellowes that do cry out so hideously and reuell euery where both in bookes sermons and cōmon speach ●gainst the moderate lawfull vse of Equiuocation in iust and necessary causes and for iust and lawfull ends without hurt of any doe notwithstanding vse and practise themselues the same with contrary vnlawfull circumstances wicked ends purposes For that heere ●hese two Ministers end was their owne interest and hurtfully to deceyue their neighbour and parishioners Their cōspiracy togeather by way of money corruption and bribes was detestable Their guilefull deceiuing their lawfull Iudges that were competent in the cause proceeded iuridically was abhominable The scandall giuen to them that knew they sware falsely was impious The obligatiō they had to answere directly vnto the sense and meaning of the said Iudges was indispensable all which points are different in a lawfull Equiuocation Wherof I do inferre for resolution of the case that this was no true or proper Equiuocation at all but rather a flat lie and open periury as by that we haue treated before with M. Morton in the s●cōd Chapter of this booke may appeare more largly but much more throughout diuers Chapters togeather in my former Treatise of Mitigation 5. And heere now I would end with this alone were it not that a new peart-Brother-Minister of M Mortons is come forth of late with a new printed Sermon wherein he taketh occasion after the imitation of M. Mortons veyne to rayle excedingly against all Equiuocation whatsoeuer without exception to inueigh most impotently against Iesuits for defēce and practise therof as though they were the only and principall men that did either allow or vse the same Which is so shamlesse an assertion after he hath seene what I haue written in my sayd booke of Mitigation concerning the multitude of learned authors that for many ages haue taught the same doctrine in publike schooles before Iesuits were heard of in the world as this latter Minister can neuer defend or excuse so manifest an vntruth about Equiuocatiō but by Equiuocation feigning to himselfe some such absurd reseruation in mind as his foresaid brethren the ●orekshire-Ministers did for sauing their publicke periury But let vs heare what he sayth of the Iesuits about Equiuocation 6. VVhat hope of truth saith he or simplicity may be had from these men the Iesuits or their impes when they haue not only practized through infirmity of flesh and pusillanimity but with the faces of Sodome and Gomorrah ●aue patronized published and persuaded to the whole world the lawfulnesse o● their Heterogenious and Mungrill propositions From henceforth let them ●ase the inhabitauts of Crete from the deserued infamy which the Apostle layth vpon them that Cretensians are lyers c. So he 7. But I would demand of this New-prachant-Minister that is so hoate and vehement in his calūniation when he or his can prooue that any one Iesuite in the world amongst so many thousands as are extant hath euer practized patronized published or perswaded any such Equiuocation as this which was vsed by the Ministers of Yorkeshire When would either M. Southwell or M Garnet whome they are wont to accuse for this doctrine haue taken such an oath for deceauing their neighbour as those Ministers did Was this out of the infirmity of the flesh and pusillanimity or rather out of couetousnes and iniquity Was it with the faces of Hierusalē and Iuda or not rather of Sodome and Gomorrah Nay I would aske of this new Gamester that is so exorbitant in his outcryes with what face he cā auouch so many manifest vntruthes in this idle inuectiue of his that cannot be excused from flat lyes but by the pretence of some fond Equiuocation or exaggeration as namely when he saith and auerreth of Q. Elizabeth now dead that she was a Saint and neuer did any thing against the Catholicks in her li●e Iusta quid fecit saith he Mansueta quid fecit Gratious and meeke Lady what hath she euer done whose finger did she euer cause to ake and her hart aked not with him Wherto I answer that the prisons filled the mulcts imposed the confiscation exercised the bowels of them that were quartered the heads of them that were beheaded may suffice to satisfy this idle question of the Minister especially and aboue all the royall and sacred Head of his Maiesties Mother most iniuriously against all law of nature nations cut of and so many continuall toyles giuen by the said pretended Saint to the kingdome of Scotland whe●by his Maiesties peace person life and state were not a little nor seldome indangered as is euident to the whole world and testified not only by the wrytings of Catholicks but of Protestants also themselues These things I say do easely answere the flattering Ministers demand of Gratious meeke Lady what hath she
●ound for the same His tearmes also of heathenish hellish heynous and impious Equiuocation with other infamations of his brother-Minister King may appeare what substantiall ground they haue 25. For heere except they will condemne our Sauiour himselfe of all these obiected impieties they cannot condemne the manner of speach vsed by him especially in so graue and weighty matters and if they permit the same in him then can they not cōdemne it in vs who haue so good a warrant president for the same especially seing we do restrayne our vse thereof with many limitations as in our larger Treatise of that matter is set downe to wit that it may not be vsed in matters of religion where cōfession of our faith is required nor yet in common trafficke and conuersation of humane life where any may be preiudiced or damnified therby neither to any Iudge or lawfull Magistrate that proceedeth lawfully and hath iust authority to demaund vs and we obligation to answer him to his meaning And finally except some iniury or preiudice be offered vs for auoiding wherof it is conuenient to vse the refuge of this manner of speach and except our speach be all waies true in our owne lawfull meaning we are not permitted by Catholicke doctrine to vse the same and much lesse with open lying as the two Ministers before alleaged and many of their fellowes are shewed to haue donne And this I thinke is so much as needeth to be treated of this matter at the present by occasion of this Appendix FINIS A TABLE OF THE CHAPTERS AND PARAGRAPHES THE FIRST CHAPTER ANswering to the first of M. Mortons three vaine Inquiries concerning the wit memory learning charity modesty and truth o● his aduersary P. R. It hath 10. Paragraphes pag. 1. § 1. M. Mortons imputation of P. R. his with examined about the sleeping souldiers of Hierusalem pag. 3. § 2. M. Mortons obiection against P. R. his memory about the clause of reseruation vtterred in Latin pag. 10. § 3. Against the learning of P. R. especially in Logicke about a Logicall argument of the competency of God p. 15. § 4. The ●xamē of that which M. Mort. obiecteth against P. R. in the same ●acul●y about a diuision and subdiuision p. 32. § 5. The confutation of what M. Morton obiecteth against the skill of P. R. in Greeke and Hebrew touching the verse of the Prophet Isay cap. 29. vers 9. pag. 41. § 6. VVhat M. Morton alleageth against the Charity of P. R. about verè and verò in Carerius pag. 46. § 7. The obiection of M. Morton against the modesty of P. R. touching a false allegation of Doleman pag. 49. § 8. An answer to M. Mortons calumniation of the truth o● P. R. about the authority of Otho Frisingensis pag. 55. § 9. The examination of this controuersy of F●isingensis more at large pag. 60. § 10. The Conclusion generall Reckoning of all this Chapter or Inquiry pag. 70. THE SECOND CHAPTER ANswering to M. Morton● second Inquiry whether P. R. may be iudged a competent Aduocate in this cause which he ha●h assumed and o● some other poin●s b●longing thereunto especially touching the title or argument o● the Booke of Mitigation It hath 2. Paragraphes pag. 76. § 1. VVhat M. Morton answereth to the former part o● my Treatise about Rebellion and against the title therof which in effect is nothing but a Cauill pag. 79. § 2. VVhat he answereth about the later Treatise concerning Equiuocation pag. 91. THE THIRD CHAPTER ANswering to M. Mortons thi●d Inquiry concerning falsities obiected by him though falsely against Catholi●ke writers but especially against Card. Bellarmine whereof no one can be prooued It hath 18. Paragraphes pag. 115. § 1. Of wilfull falshoods obiected by M. Morton to sundry Catholicke writers and namely his abuse offered to Franciscus Costerus pag. 118. § 2. His first example of voluntary falshood falsely obiected against three ancient Popes pag. 125. § 3. His second example of wilfull fraud falsely o●iected against moderne Catholicke writers about the Councell of Eliberis in Spayne pag. 133. § 4. His third example o● like deceipt obiected against the same Catholick authours about the Councell of Frankford in Germany pag. 140. § 5. His fourth example of like falshoods o●iected against the same authors about the Epistle of S. Epiphanius touching images pag. 144. § 6. The second part of this Chapter of instāces against Card. Bellarmine in particuler touching imputatiō of old heresies p. 149. § 7. The first obiection against Card. Bellarmine of false imputation of the Pelagian heresy to Protestants pag. 152. § 8. The second iniurious obiection against Card. Bellarmine of false imputation of the Nouatian heresy pag. 15● § 9. The third obiection against Card. Bellarmine for false imputation o● the Manichean heresy vnto Protestants pag. 166. § 10. The fourth obiection against Card. Bellarmine about pretended false imputatiō o● Arianisme vnto Protestants p. 170. § 11. The fifth obiection against Card. Bellarmine for fa●se imputation of heresies vnto sundry Protestants pag. 174. § 12. His sixth and last obiection against Card. Bellarm. ●or false imputation of the Sacramentary heresy vnto Protestāts p. 176 § 13. The third part of this Chapter conteyning other obiections against Bellarmine●or ●or falsifications in alleaging other mens authorities pag. 185. § 14. His second obiection against Card. Bellarmine touching false allegations pag. 192. § 15. The third obiection against Card. Bellarmine touching false allegations pag. 196. § 16. The fourth obiection against Card. Bellarmine touching false allegations pag. 199. § 17. M. Mortons Conclusion and obseruation about the article of Purgatory examined pag. 209. § 18. The summe Reckoning of all this whole Chapter pa. 216. THE FOVRTH CHAPTER COnteyning certaine imputations of falsities and falshoods falsely obiected by M. Morton against his aduersary P. R. which are shewed not to be such but that the obiectour falsifieth also in obiecting them It hath 15. Paragraphes pag. 221. § 1. His first obiected falshood against P. R. about Tho. Mortons name pag. 225. § 2. His second falshood against P. R. about the clause of reseruation in Latin pag. 230. § 3. His third obiected falshood against P. R. about presumptuous Doctors mentioned by S. Paul 1. Tim. 2. p. 232. § 4. His fourth obiected ●alshood against P. R. about iustifying of Goodman pag. 235. § 5. His fifth obiected ●alshood against P. R. about Knox Buchanan pag. 239. § 6. His sixth obiected falshood against P. R. about Caluins Autotheisme and misplacing of Card. Bellarmines name in the margent pag. 242. § 7. His seauenth obiected falshood against P. R. about the iustifying of Protestants from rebellion pag 246. § 8. His eight obiected falshood against P. R. about dissembling the wicked practises of Caluin Beza and others pag. 248. § 9. His ninth obiected falshood against P. R. about Syr Thomas Wiats Rebellion and the Duke of Suffolke and others pag. 251. § 10. Foure other obiections of
of Equiuocation ibid. nu 20. 22 he is much troubled about the example of Saphyra ibid. n. 26.27 his childish mistaking ibid. n. 36. his miraculous victory cap. 2. num 44. The excesse of M. Mort. malice c. 3. n. 3. He vseth fiue seuerall false shiftes and voluntary corruptiōs in one accu●ation of Card. Bellar. ibid 72 73 c. his three fraudes concerning the Manichean heresy obiected by Bellarm. to the Protestants ibid num 79 c. he calleth diuers of the Fathers Knights of the posts ibid. n. 136 his false accusation of Catholicke writers n. 137. He is much pressed with wilfull lying about the matter of Purgatory n 139 M. Morton in obiecting a contradiction to P. R. lieth himself cap 4 n. 6 he denieth Syr Thomas VViats attempt to haue bene against either Queene or State ib. nu 48. Fox contēned by M. Mor●● and Holinshead belied ibid n 50 c. He vseth 5. different fraudes at one time about Azor cap 4 n. 74 His fraud in alleaging Emanuel Sà n. 75 76 c. the like he vseth in citing Maldonate n. 82 83 M. Morton citeth diuers authors for that thing which they expressely do refu●e in the same places cap 5 nu 34 he confesseth an exorbitant fault casteth it on my L. of Canterburie nu 88 for want of more matter he doth handle the selfe same things diuers times to fill vp paper cap 5 nu 103 104 c. M. Mortons corruptions in citing Cassander and Bellarm. cap. 6 n 79. What substantiall matters handled in the Mitigation are wholy pretermitted by him cap. 6. n● 116. M. Mortōs debts and accōpts cap 7 n 2 3 c. n 29. his bad dealing n 31 he defendeth not Syr Edw. Cooke n 48. his helping the die n 75.76 c his fiue cases out of Syr Ed. Cookes Reports at large discussed and answered ib n 74 75 c. his fond comparings n 95 96. his pretermissions cap 6 per totum his new lies added in his Preamble cap 9 per totum His vanting chalenges c. 10. per totū N NAucleru● abused by M. Morton about the death of Pope Adrian the fourth cap 5 n 20 22. The Nicene Councell not falsified by Zozimus cap 3 n 30. For a Nihil and Nimium dicit see in Syr Edward Cooke Two causes of a Nihil dicit c 8. nu 2 3 c. Nouatian heresy in Protestāts see Bellarmine O OTho Frifingensis abused c 1 n 87 88. P PElagianisme in Protestants See Bellarmine Persecuting Iudges come to ill ends ca 8 nu 117. S. Peters answer to th● mayd concerning Christ. cap 2 n 33. Pius V. scoffed at by Syr Edw. Cooke cap 8 nu 108. Polidore Virgil belied c 5 n 12. Preamble of M. Morton vayne obscure confused cap 2 n 1. It is a great head with litle wit ca 2 num 19. M. Mortons vaine descants vpon the letters P. R. cap 10 nu 18 19 P.R. his iust demaund to haue M. Mortons bookes purged by fire cap 10 n 3● Pricket pricked by Syr Edw. Cooke for seting forth in print his Charge giuen at Norwich cap 8. num 101. He is cleared from all malice against the Knight n 102 103. Protestant Princes neuer censured by the Sea Apostolike c. 2 numero 7. Protestants agree with the Nouatian heretikes cap 3 n 71 inexcusable in matters of rebellion cap 4 n. 39. Prouidence a principall part of prudence cap 2 nu 10. Purgatory prooued by Coc●ius out of many Fathers cap. 3 n 130. Q THe Question betweene M. Morton P. R. cap. 2. n 17. Of Queene Marie see VViat Of Queene Elizabeth see the Appendix against King the Minister In fine operis R REbellion by what religion most taught and practized c 7 n 13 14 Rebellion of Protestants c 4 num 39 Rebellion of VViat See VViat M. Reynolds exorbitantly abused cap 5. n. 88. the blame and shame cast vpon the B. of Canterbury Ibid. S THe Salamanders nature ca 8. n. 20. Saphyra See Morton The sleeping souldiers at our Sauiours Sepulcher cap 1 § 1 n. 2. c. The distinctiue signe of true false spirits cap 3 n 5. The Stage-play of M. Morton cap 2 num 1 2 3 4 c Stratagemes in warre lawful although they be Equiuocations cap 4 num 88. The Popes Supremacy confirmed by an inuincible argumēt of Costerus cap 3 num 13. see more in S. Leo. Suspitions without grounds breed nothing but vexations iealousies in Princes mindes cap. 2 n 11 c. Sutcliffs manner of answering Catholike bookes cap 6 n 57. The absurd Sillogisme of T. Morton againe examined cap. 1. num 27●28 c. T THe case of Tythes examined cap. 8. num 92 93. c. Toleratiō of diuers Religiōs see M. Morton Traditions vnwritten allowed by S. Cyprian cap 3 nu 111 V VNtruthes vrtered by M. Morton See cap 6 and 8 alibi passim Vntruthes of other Protestāts See vnder the names of Iewell Horne Fox c. Vowes of voluntary pouerty approued by the Fathers cap ● num 23. Pope V●banus his death See Binius W THe sweet waters of Meribah grosly mentioned by M. Mortō for the bitter waters of Marah cap. 10. n 3 VVh the Minister his Equiuocation in Append. n. 2 3. c. VVitaker reiecteth all the Fathers at once cap. 7. n. 45. VVilliam Conquerour changed our English lawes cap. 8. nu 50.51 Misreported about appropriatiōs by Syr Edward Cooke n. 82.83 The VVit of P. R. taxed by M. Morton cap. 1 n. 2 3 c. The lying VVoman and lying Priests foolishly paralleled by M. Morton cap 2 n 38. VViats rebellion falsely defended by M. Morton cap 4 nu 48. c. See more in M. Morton FINIS In his Epistle dedicatory La preface de la sixiesme pa●t des Reports Preamb. pag. 2. M. Mort. diuisiō of his worke Impertinent proceeding The methode vsed for M. Mort. confutation First Inquiry Witlesse contentiō about wit Second Inquiry See his Preamble pag. 31. Preamble pag. 32. Threates of scratches What was principally required of M. Mort. and what he performeth The cont●ary succes●e of M. Mort. expectation The sūm● of all this my Answere in 10. Chapters The reasō of the tytle of this booke Two calumniations August lib. 2. cōt Petil. cap. 83. ep 48. ad Vin●ent Rogat Optatus l. 2. cont Pa●m lib. 6. August cont Donat in psalm 132. cont Petil. lib 3. c. 40. lib. 4. Preamb. p. 43. 48. About the Equiuocation of Saphyra That I am in charity with M. Morton Three causes of exasperation M. Mort. great presumptiō Preamb. p. 51. The secōd cause of exasperation A story out of Lactantiꝰ about the circūstāce of time which an enemie of Christian Religion tooke for his aduātage The third cause of exasperation M. Mort. prouocatory speaches Act. 5. Preamb. pag. 48. A fond insultatiō Preamble p. 48. M Morton taken in an open contradictiō M. Mort. epistle to the Earle of
obiecteth to me a sleight of deceyuing my Reader himsel● by a fine sleight abusing both me and the Reader c. These are words let the discret Reader looke where he findeth substance albeit of this we shall haue more againe afterward for that he bringeth it in vpon diuers occasions HIS SEAVENTH obiected falshood against P. R. §. VII THIS obiection he beginneth in these words P. R. in his Treatise of Mitigation cap. 4. nu 14. rangeth at large saying that Thomas Morton framed a second part of his booke Of full Satisfaction for iustification of Protestants and yet in effect he confessed all that his aduersary opposed about seditious doctrine and practise of mutinyes and rebellion let P. R. learne what this meaneth littera occidit then let him come to be tryed by my ●ooke c. Thus far he But in my opinion it had bene good that M. Morton had expounded vnto vs himself what his littera occidens or killing letter doth meane that we might haue learned the mistery at his owne hād For as in the Apostles speach that vsed the same phrase we know his mind to haue bene that the only literall vnderstanding of the law of Moyses doth kill without the quickning spirit of the internall meaning so how M. Mort. can apply it to his Booke or my Answere I know not or in what sense either of them may be called such Kill-cowes 37. But let vs come to the point it self in controuersy I do say indeed in the place by him quoted of my Treatise that wheras his first aduersary the Moderate Answerer had alleaged great store of proofes against him out of Protestant writers themselues to conuince both their doctrine practice in matter of seditiō far to surpasse that of the Catholicks and that M. Mortō in his Booke of Full Satisfaction made a shew as though he would answer the same one by one yet that his answere was such as cleared nothing the case but in effect con●●ssed all wherof I gaue this second ensuyng reason as is to be seene in my Treatise of Mitigation 38. And indeed quoth I what other Answere can be framed to most plaine assertions out of their owne wordes and writings as of Caluin Beza Hottoman and so many other French Caluinists as I haue mentioned in the first Chapter of this Treatise Goodman also Gilby VVhittingham Knox Buchanan and others neerer home vnto vs All the forenamed collections in like manner of him that is Archbishop of Canterbury of D. Sutcliffe and others in the bookes intituled Dangerous positions Suruey of the pretended disciplinary Doctrine and the like wherein their positions are most cleeerly set downe concerning this matter And albeit this Minister T. M. in his reply doth vse all the art possible to disemble the same by telling a peece of his Aduersaries allegations in one place and another peece in another altering all order both of Chapters matter and methode set downe by the Answerer so as neuer Hare when she would sit did vse more turnings and windings for couering her selfe which the Reader may obserue euen by the places themselues quoted by him out of his aduersaries booke yet are his answers such where he doth answere for to sundry chiefe points he saith nothing at all as do easily shew that in substance he con●esseth all and cannot deny what is obiected And where he seeketh to deny any thing there he intangleth himselfe more then if flatly he confessed the same Some few examples I shall alleage wherby coniecture may be made of the rest 39. So farre then And in proofe and prosecution of this matter I do spend there a dozen leaues at least refuting all the Answers shiftes that he vseth to yeld some not full but faint feeble satisfactiō to the testimonies alleadged wherunto for breuities sake I remit the Reader not to make here an vnnecessary repetition And so much of this obiection And yet noting by the way how many different dishes of meat M. Mortons Cookery doth furnish out of one thing only which is the iusti●ying of Protestants from Rebellion hauing made allready one Paragraph of Goodman another about Knox Buchanan and after will follow Syr Thomas VViat and in another Caluin Beza and others And this last hath byn of all Protestants and out of all which he frameth seuerall falshods against his Aduersary P. R. as dishes of different dressing only to make a shew and o●tentation as though he had somwhat to produce and lay before his Reader wheras indeed he hath nothing at all HIS EIGHT obiected falshood against P. R. §. VIII THIS obiection consisteth principally in a certaine vehemency of passion wherunto M. Morton suffered himself to fall as often otherwise he doth for that he was reprehended for a certayn dissimulation of his when knowing hauing seene that his aduersary had set downe before many grieuous accusations not only against the doctrine but also the seditious practises of the Protestant Geneuian Ministers Farellus Caluin Beza Hottoman c. against the B. of Geneua their rightfull Lord both spirituall and temporall the King of France and others yet was he not ashamed to make this conclusion Thus is Caluin iustified saith he concerning his Doctrine and in him also Beza VVe haue heard of their opinion haue you any thing to except against their practise Wherof I did inferre as the words did import that he would haue men thinke that there was nothing to be obiected nor excepted against their practise Now he saith that that question was not made by him in way of flat deniall as though his aduersary could not charge Caluin and Beza with any practise of Rebellion but after the manner of Rhetoricall art and common speach by way o● translation to shew more orderly and empha●ically to vse his owne words what was by the moderate Answerer obiected against their practise 41. Thus he saith would escape by this and I am so equall easy to be intreated in this matter or rather so indulgent as I am content to accept of his owne interpretation protesting sincerely notwithstanding that I vnderstood him in the other meaning when I wrote by Booke the words themselues leading me therunto But how soeuer it be there can be no least matter of wilfull malice framed hence against me notwithstanding that M. Morton crieth out O impotency of malice it is not vnlike vnto the blindnes of the Sodomits who after that they had seene Lotts house yet groped for the dore Which comparison I graunt that I vnderstand not no more then before I did his Littera occidens for that the men of Sodoma that came to Lottes house saw the same when they had their eyesight and would haue broke open the dore but being stricken blind by the Angells they could not see the dore what great point of mistery is this to grope at the dore when they were blind Or wherin may
this be like to my cause P. R. saith he a litle after discusseth some of my answers to this obiection o● practise yet now will not acknowledge the beginning So he And let the iudicious Reader iudge how aptly this is applied yet to the thing it selfe I say that true it is that he indeauoureth both before and after to answere to diuers proofes of seditious practises obiected by his aduersary against Caluin and Beza but weakly God-wot as may be seene by my Reply and yet out of his owne confidence or that courage rather which before I mentioned of a Cocke of the game he would make that crowing vaunt Thus is Caluin iustified saith he concerning his doctrine and in him also Beza you haue heard their opinions haue you any thing to except against their practises Would not you thinke that he meant that we had none at all to obiect no more against their practises then their doctrine And that as he held the one for iustified so did he hould the other for iustifiable and that herin there was no exception to be made Wherin then standeth this wilfull malice of mine Yea this intollerable impudency or impotency of malice to vse his owne words But for that they were spoken in impatience I will not greatly vrge the same nor yet seeke to recompence them least I should go against the title of this Treatise which is A quiet and sober Reckoning the moderate iudicious Reader shall be the iudge of all where passion and where modesty is found HIS NINTH obiected falshood against P. R. §. IX HIS ninth obiection is a strange one and signifieth that the poore man is exhausted and cannot well tell what to obiect with any shew or probability in matter of wilfull falshood so as he falleth to lay hands of things quite against himselfe For wheras I had proued in my Treatise Of Mitigation two or three manifest vntruthes vttered volūtarily by him in going about to defend the Rebellion of Syr Thomas VViat and the Duke of Suffolke in Queene Maries time and so conuinced the same as there was no place left of probable defence M. Morton vpon meere necessity commeth here now to hādle these points againe and in part to excuse himself by the feeble meanes which presently you shall heare concluding nothing more against me but this which are the last words of all his discourse VVherefore saith he these two lies which P. R. would haue bestowed vpon me he by vertue of his place and Patent may keep to himself And is not this a great inference when he should conuince me of wilfull falsity But you shall heare vpon what grounds he obiecteth these two vntruthes to me for that I conuinced him of foure 43 First then my speach vpon his weake defence of the foresaid Rebellion was this in my Treatise of Mitigation To that of Syr ●homas VViat the Duke of Suffolke and others quoth I he answereth diuersly First he saith that the Historie relateth the pretence of VViat thus A Proclamation against the Q. marriage desiring all English-men to ioyne for defence of the Realme c. Then that in Q. Maries Oration against Wiat there is not to be found any scruple concerning the cause of religion Thirdly that no Minister of the ghospell was brought in question as a cōmotioner in that cause Lastly that ys intē● might 〈◊〉 for Protestāts accused in that name th● is it plain saith M. Morton that it was not Religion ys for Wiat and his follo●ers it is playne it was not against the Queene or State but for both So he that is to say M. Morton in his Full Satisfactiō 44. But in all these foure different clauses I then sayd and now doe repeat agayne that there is not so much as one that in rigour may be defended for true For as for the first though the historie of Holinshed doth relate the pretence of VViat to haue bene against the Q. marriage con●●aling and dissembling the poynt of Religiō in that place which els where he confesseth as a●ter shal be seene yet Iohn ●ox a more anciēt and authenticall Historiographer then he doth plainely set downe that together with the pretence of the marriage the cause of Religion was also pretended in these words The mention of marriage with Spaine quoth he was very ill taken of the people and of many of the Nobility who for this and for Religion conspiring among thēselues made a Rebellion wherof Syr Thomas VViat knight was one of the cheifest And againe They sayd that the Q. the Coūsell would by forraine marriage bring vpō this Relme miserable seruitude and establish Popish Religion So Fox And it cannot be presumed but that M. Morton had seene and read this yet durst affirme that there was no mention of Religion at all in VViats pretence which is the first lye 45. The second also that in the Oration of Q. Mary against VViat there was not found any scruple concerning the cause of Religion is proued likewise false by the same authority of M. Fox in his Acts and Monuments who writeth that Q. Marie in h●r Oration in the Guildhall sayd publickely that she had sent diuers of her Counsell to learne the pretences of that Rebellion and it appeared to our said Counsell said she that the matter of the marriage se●●●ed to be but a Spanish cloake to couer their pretensed purpose against our R●ligion And this testimonie also of Fox must needes haue bene knowne to M. Morton and consequently here is a second witting lye affirming that there is not so much as any scruple to be found concerning the cause of Religion in that her Oration 46. The third point likewise that there was no Minister of the Ghospell brought in question as a Cōmotioner in that cause is both false in it selfe and cautelously set downe for that the commotion of VViat and the Duke of Suff●lke ensuing within the cōpasse of fiue moneths a●ter the death of the Duke of Northumberland that did conspire the depriuation of Q. Mary the first being put to death vpon the 22. of August 1553. the other beginning his rebellion vpō the 25. of ●anuary 1554● it being well knowne the cōfessed both by Fox Holins●ed Stow and others that the motiue of Protestant Religion was common to them both and pretended for chiese in them both and it being notorious that in the first both Cranmer Ridley Hooper Rogers Iewell all the chief Protestant Minis●ers of England did concurre who can doubt but that in the second a●lso being but an appendix of the former they ●ad their harts therin though not ●o ●ully their hands as actuall Commotioners for that the R●bellion was suppressed in the very beginning by taking away the two heads VViat and Suffolke 47. Wherby you may see the craftie speach of M. Morton who saith that Ministers were not the Commo●ioners nor brought into qu●stion for such that is to say