passion of Christ or arrogat to our selues or our owne woorkes more then the scripture doth giue vs warrant for THAT OVR ADVERSARIES who affirme that we derogat from the merits of Christs passion do themselues wholy euacuat and frustrat the same by their most wicked and absurd doctrin of imputatiue iustice and dyuers other poynts confuted in this chapter CAP. XX. BVT now let vs examine the opinion of these fellowes that seeme to be so ielous of the honour of Christ and of his passion and I dout not wee shal fynd that they do vtterly obscure and frustrat the same for where as our Sauiour Christ gaue himselfe to death as S. Paule sayth to the end he might redeeme vs from iniquity and make vs cleane from sinne and a people acceptable to himselfe and followers of good woorkes they teach expressely that he hath performed nothing of all this For though they grant that he redeemed vs from death and by his passion purchased vs lyfe euerlasting yet they confesse not that he redeemed or made vs cleane from sinne as we see S. Paule teacheth but playnly affirme the contrary saying that original sinne is not taken away by baptisme nor any other sinne after baptisme remitted but couered and not imputed in so much that they teach further as a necessary consequent therof that the workes of the most iust man are not only infected with sinne but also sinnes of themselues deseruing eternal damnation that therfore there is no righteousnes or iustice really in man but only in Christ and imputed to man whervpon it must needs follow that the fall of Adam our father was of more force to make vs sinners then the passion of our Sauiour to free vs from sinne and to make vs iust which is no lesse dishonorable to Christ then contrary to expresse scripture where S. Paule saith that as by the disobedience of one Adam many were made sinners so by the obedience of one Christ many were made iust if then we were truly sinners by Adam wee are also truly iust by Christ or els our help is not equiualent to our harme nor our remedy to our disease nor our rising to our false nor our gayne to our losse nor consequently Christ to Adam which were impiety to thinke and blasphemy to say and yet so must our aduersaries be forced to say if they wil defend their opinion but for as much as not only this their absurd doctrin of imputatiue iustice but also diuers other execrable errours or rather damnable heresies spring all out of one root that is to say the foresayd opinion that original sinne is not cleane remitted and taken away by baptisme I wil by the confutation therof ouerthrow all the rest that depend theron and shew withall the dishonour they doe to Christ and his merits which they seeme so much to esteeme Let vs then consider the effects of baptisme in the regenerat which to spake generally are two the one the remission of sinnes and the other a regeneration or renouation of the inward man of the first the Prophet Ezechiel sayth I wil power vpon you a cleane water and you shal be cleansed from all your filth or corruption in which sence the Apostle cauleth it the water of lyfe wherwith Christ sanctifyeth and maketh cleane his Churche and speaking of the baptised that had ben fornicators and Idolaters these yow were sayth he but now yow are washed yow are sanctified yow are iustified by which text S. Chrisostom and S. Hierome proue that all sinnes are forgeuen in baptisme the reason is for that by the vertue therof the ful merits of Christs death and passion are communicated vnto vs in which respect saynt Paule sayth that all that are baptised in Christe are baptysed in his death and that wee are therby buryed with him to death of sinne where of S. Augustin sayth as in Christ there was a true death so there is in vs a true remission of sinne which cannot be denyed except wee wil deny the vertue and force of the blessed blood and death of Christ which hath his operation therby wherof the Apostle sayth he reconcyled vs by his death that he might make vs holy and immaculat and irreprehensible before him and in an other place making a comparison betwyxt the effects of the sacrifices of Christ vpon the crosse and the sacrifices of the old law he sayth but how much more shal the blood of Christ make cleane our conscience from dead woorkes that is to say from sinne to serue the liuing Gods to this purpose sayth saynt Iohn sanguis Iesu Christs emundat nâ—s ab omni peccato the blood of Iesu Christ doth make vs cleane from all sinne in which respect our Sauiour Christ is truly cauled the lamb of God which taketh away the sinnes of the world Therfore saynt Chrisostome sayth that a man newly baptysed is mundior solis radijs cleaner then the beames of the sunne and compareth the sinne of the baptised to a sparke of fyre faling into the mayne sea wherein it is presently extinguished S. Basil cauleth it a remission of debt and the death of sinne S. Gregory Nazianzen tearmeth it peccati diluuium the deluge wherein sin is drowned and lastly not to be tedious with many allegations in a matter where in all learned fathers doe vniformly agree S. Augustin sayth baptisme washeth away all sinnes yea all whatsoeuer of deeds thoughts words of original sinne or other committed ignorantly or wittingly and in an other place he sayth yt doth auferre crimina non radere take sinnes cleane a way and not shaue them only What then shal wee say of Luther and his fellowes that deny such a manifest principle of Christian religion affirming that original sinne is not taken away by baptisme but that it remayneth infecteth all meÌ„nes workes can any thing be sayd more to the derogation of Christs merits on which they wil seeme sometymes wholy to rely can their other heresyes concerning the necessity of sinne the impossibility to keepe the commandments the sinful or stayned righteousnes of the iustest man or yet their imputatiue iustice all grounded and necessarily depending vpon the rotten foundation of this pestilent opinion can they I say be lyke to stand when their foundation fayleth as yow see but this 〈◊〉 â—ore euident yf we coÌ„sider the other effect of Baptiâ—â— which is regeneration or renouation of the soulâ— whereof the Prophet sayth I wil geue yow a nâ—w hart and a new spirit in which respect the Apostle cauleth Baptisme lauacrum regenerationis and renouations the water of regeneration and renouation for that as our Sauiour himself signified a man is borne a new by water the holy ghost becoÌ„meth as saynt Paule sayth noua creatura a new creature by grace of the holy spirit which is aboundantly poured vpon him to which purpose the Apostle sayth that charity
eucharist whereof I haue spoken already but also before when he promised it for that wheÌ„ soeuer he spoke therof he represented the same to the vnderstanding of the hearers as a body sacrificed dead not speaking of his whole person or of himselfe as liuing but of his flesh of his body of his blood as my flesh is truly meate and my blood is truly drink and the bread which I will geue is my flesh this is my body this is my blood or if he spoke of himselfe or of his person it was with an addition to shew that he was to be eaten as when he sayd he which eateth me liueth for me which kynd of speech made some of his disciples forsake him sayâ—ng it was durus sermo ae hard speeche conceauing therby that they were to eate him dead as other flesh bought in the shambles wheras he spoke in that manner to signify that he shuld be sacrificed before he should be eateÌ„ and therefore he euer spoke of himselfe as already killed and dead for that no creature whyles he is liuing is in case to be eaten as S. Gregory Nissen doth note very wel in the place before alledged in which respect Paschasius also sayth that our Lord is killed to the end wee may eate him and Isichius that Christ killed himselfe when he supped with his disciples not because he is truly killed or doth truly dy but because he dyeth mistically that is to say for that his death is mistically and truly represented by the separation of his blood from his body vnder seueral and dyuers formes of bread and wyne for although by reason of his immortality and impassibilytie he cannot dy neyther yet be so deuided but that he remayneth whole vnder both kynds yet for as much as the forme of wyne rather representeth his blood then his body and the forme of bread rather his body theÌ„ his blood according to the very woords of our sauiour saying of the one kynd this is my body and of the other this is my blood it followeth I say that by reason of this separation wrought by the force of the woordes of consecration he is exhibited in the Sacrament as dead and so dyeth in mistery as wel to represent his death vpon the crosse as also to offer himselfe in sacrifice to his father for the which it is not of necessity that he truly and realy dy but it suffiseth that he dy in some sort that is to say mistically for although all liuing creatures that are sacrificed are offred to God with the losse of their lyues and so are made true sacrifices yet in such other creatures as are not subiect to death it sufficeth that they be offred to almighty God and receiue withall some notable mutation or change to make the action to be sacrifical and different from a simple oblation for when any thing is offred to God and remayneth stil in his owne kynd forme and nature it is called an oblation so the first fruits the tythes the first begotten or borne of liuing creatures yea and religious persons as leuits and others in the old law were only offred to God for that they were no way changed wheras al things sacrifysed were eyther wholy destroyed or consumed by swoord or fyre or els at least receiued by the actioÌ„ of the priest some notable mutation Therfore seeing our sauiour being now eternal immortal and impassible is not subiect to death nor to any destruction or mutation by losse of his lyfe it sufficeth to make him a true sacrifice that he be offred to God with such mutation or change as may stand with his present state and condition as wee see he is offred in this sacrifice wherein the selfe same body that was borne of the blessed virgin Mary and is now in heauen glorified with the proper forme and lineaments of a natural body is by the omnipotency of our sauiours woords pronounced by the priest represented vpon the altar as dead and in formes of bread and wyne his body to be handled broken eaten and his blood to be dronke or shed as the body or blood of any other liuing creature that is killed in sacrifice wherby he is also in some sort coÌ„sumed for that his body being eaten and his blood dronke he looseth the forme and peculiar maÌ„ner of beeing that he hath in the sacrament which beeing deuynes caul Sacramental in respect of all which admirable mutations S. Augustin doth notably and truly apply to our sauiour in this sacrifice the history of King Dauid when he changed his countenance as the scripture sayth before Abimelech or king Achis for they are both one which he sayth was verifyed in our sauiour Christ when he changed his countenance in the priesthood and sacrifice of Melchisedech geuing his body and blood to be eaten and dronk There was sayth he a sacrifice of the Iewes in beasts according to the order of Aaron and that in mistery and there was not then the sacrifice of the body and blood of our Lord which the faythful know and is dispersed throughout the world and a litle after shewing how Melchisedech brought forth bread and wyne when he blessed Abraham he teacheth that it was a figure of this sacrifice then prosecuting the history how Dauid being taken for a mad man went from Abimelech which signifieth regnum Patris that is to say as he expoundeth it the people of the Iewes he applyeth also the same to our Sauiour saying that wheÌ„ he told the Iewes that his flesh was meat his blood drinke they took him for a mad man and abandoned him wherevpon he also forsook them changing his countenance in the sacrifice of Melchisedech that is to say leauing all the sacrifices of the order of AaroÌ„ and as it were disguysing him-selfe vnder the formes of bread and wyne which was the sacrifice of Melchisedech he passed from the Iewes to the Gentils This is the effect of S. Augustinus discours in that place concerning the mutation or change incident to our Sauiours person in the sacrament of the Eucharist and requisit to the sacrifice whereof I treat wherby it hath the nature of a true sacrifice as I haue declared before which being considered with the circumstances of our sauiours owne woords as wel in the promise as in the institution thereof all signifying that his flesh his body aud his blood was to be eaten dronk as of a creature killed in sacrifice yea that the same was then presently geuen or offred by him to his Father for his disciples who represented the whole Churche and for remission of sinnes besyds his manifest allusion to the promulgation of the old Testament dedicated with the blood of a present sacrifice and lastly the consent of the learned Fathers of the Churche confirming our Gatholyke doctrin in this behalfe no reasonable man can dout but that our Sauiour at his last super did ordeyn the Sacrament
doing other workes of deuotion as I declared before he addeth mansit haec Christi capitis membrorum consonantia suauis donec Arriana perfidia c. this sweet consonance or agreement of the members of Christ the head remayned vntil the Arrian heresy spread her poyson there and although he insinuat as saynt Bede also doth that afterwards the people became new fangled and embraced other heresyes meaning no dout the Pelagian heresy which as I haue shewed before out of S. Bede was quickly extinguished there yet afterwards he signifieth playnly that neither the Arrian nor Pelagian nor any other heresy took root in Britany and that the Churche was cleare therof after the coÌ„ming in of the Saxons about the tyme of his byrth which was in the yere of our Lord 594. for speaking of the tyme and of the ouerthrow geuen by Ambrosius Aurelianus to the Saxons and Picts and of the great slaughter of them shortly after at blackamore in York-shire which as Polidore supposeth is called in Gildas mons Badonicus he sayth that the people hauing noted the punishment of God vpon them for their sinnes and his mercy in giuing them afterwards so greate victories ob hoc reges publici priuati sacerdotes ecclesiastics suum quique ordinem seruauerunt for this cause saith hee the Kings and others as wel publik as priuat personâ—â— Priests and ecclesiastical men did euery one their dutyes and although he declare presently after that by the extreame negligence of their Kings and gouernours ecclesiastical and temporal which immediatly succeded greate corruption was entred at the same tyme that he wrote yet it is euident ynough in him that it was not corruption of fayth but of manners as pryd ambition dissolutioÌ„ of lyfe droÌ„kenesse lying periury tyranny in the Kings simony couetousnesse in the clergy sildome sacrifices breach of vowes of chastity and of monastical lyfe profaning of altars and such lyke for the which he threatneth and as it were prophesyeth the vtter destruction of Britany which shortly after followed so that amongst other things which he was persuaded brought the plague of God vpon our country we see he taxed certayne customes peculiar to our aduersaries and the proper fruits of their religion tending only to the ouerthrow of ours therfore it playnly appeareth that ours was then in vre and receiued detriment by those who though they were not protestants in profession yet were protestants in humour and condition I meane profaners of Altars and holy things breakers of vowes of chastity and Apostatats from religious and monastical lyfe such as Luther and many of his followers haue ben since And now to come to later tymes after Gildas yf we consider the relicks of Christian religion which saynt Augustine found in Britany amongst other things the great monastery of Bangor wherein were aboue two thowsand monks it wil be manifest that the ancient religion of the Britains was our Catholike fayth for although in the space of a hundreth seuenty and three yeres that passed from the comming in of the Saxons vntil their conuersion the Britain Church was not only much decayed but also had receiued some aspersion of erronious and euil customes yet in fayth and opinion they diffred not from S. Augustine insomuch that he offred to hold communion with them if they would concurre with him in three things only the first in the tyme of celebrating the feast of easter the second in the manner of administring the sacrament of Baptisme and the third in preaching the faith to the Saxons all which the monkes of Bangor refused vpon no better reason then for that S. Augustine did not ryse to them when they came to the synod condemning him therefore to be a proud man notwithstanding that he had restored a blynd man to sight by his prayers in the presence of all the Bishops and clergy of Britany who vndertooke to do the lyke in confirmation of their customes but could not performe it Therfore as saynt Bede reporteth S. Augustine did foretel to the sayd Monkes of Bangor that seing they would not haue peace with their brethren they should haue warre with their enemies and yf they would not preach vnto the English nation the way of lyfe they should by their hands receiue reuenge of death which after was truly fulfilled for Edelfrid a pagan King of NorthumberlaÌ„d killed a thousand two hundred Monkes of that monastery at one tyme by the iust iudgement of God as saynt Bede sayth for their obstinacy Thus much for this matter wherby thou mayst see good reader that saynt Augustine found in wales amongst the Britains the same religion faith in substance that he then preached to the English or Saxons and which we Catholykes stil professe which being considered with that which I haue proued before concerning the continual practise therof in the primatiue Church of Britany whyles the same was in purity and integrity no man that hath common sence can dout that the same fayth was deliuered by Pope Eleutherius to King Lucius and generally professed throughout Christendom at those dayes in which respect we fynd honorable mention and testimony of the faith of the Britains in the Fathers both Greekes and Latins from the tyme of their conuersion as in Tertulian in K. Lucius tyme and in Origen presently after in S. Athanasius and S. Hilarius in the tyme of the Arrians of which two the first testifieth that the Bishops of Britany came to the councel of Sardica and the other commendeth the Britan Church for reiecting the Arrian heresy as I haue noted before also in S. Chrisostome and saynt Hierom who commendeth the deuotion of the Britans that came to Bethlem in pilgrimage in his dayes about the same tyme that the Saxons entred into Britany CERTAINE POINTS OF CONTROUERSY are discussed wherby it is prooued that King Lucius receiued our Catholyke fayth and first of the Popes supremacy in Ecclesiastical causes CHAP. VII BVT to the end that this vndouted truth may be cleared of all dout I wil ioyne Issue with our aduersaries vpon some two or three poynts now in controuersy betwyxt vs and them and breefly proue that the doctrin that we teach concerning the same was publykly held for truth throughout Christendome in King Lucius dayes and that therfore he could receiue no other then the same from the Church of Rome and this I vndertake the more willingly for that albeit all matters of controuersy haue ben very learnedly and sufficiently handled yea and whole volumes written of them by our English Catholykes in the beginning of her maiestyes raygne yet by reason of the strayt prohibition of the sayd bookes there are an infinit number in England especially of the younger sort that neuer saw the same to whome I desyre to giue in this treatyse at least some litle tast of the truth of our Catholyke religion so farre as my determined breuity wil permit First
Our doctrin of the merits of woorks and Iustification is proued and cleared from the slanders of our aduersaries commonly published in their sermons and lately insinuated in a book set forth concerning the conuiction of my Lord of Essex Chap. 19. That our aduersaries who affirme that wee derogate from the merits of Christs passion do them-selues wholy euacuat and frustrat the same by their most wicked and absurd doctrin of imputatiue iustice and concerning original sinne and diuers other points confuted in this chapter Chap. 20. The conclusion conuincing by the premisses that our Catholyke doctrin was deliuered to King Lucius by Pope Eleutherius and is the vndouted truth that Christ left to his Churche with a note of the notable impudēcy of our English ministers Chap. 21. AN APOLOGY OF T. F. IN DEFENCE OF HIM-SELF AND OTHER CATHOLYKS FALSLY CHARGED WITH A fayned conspiracy agaynst her Maiesties person for the which one Edward Squyre was wrong-fully condemned and executed in the yeare of our Lord 1598. wherein are discouered the wicked and malicious practises of some inferior persons to whose examination the causes of Catholykes are commonly committed and their iniurious manner of proceding not only against the sayd Squyre but also agaynst many Catholykes that haue ben vniustly condemned for lyke fayned conspiracies against her maiesty and the state VVritten in the yeare of our Lord 1599. and dedicated to the right honorable the Lords of her mayesties priuie councel Ecclesiast cap. 3. 5. 16. Vidi sub sole in loco iudicij iniquitatem in loco iustitiae impietatem I haue seene vnder the Sunne iniquity in place of iudgement and impiety in place of iustice Imprinted with licence 1602. AN ADVERTISMENT TO THE READER ABOVT A FORMER ANSWERE OF M. M. Ar. AFter I had set downe to my self this defence or Apologie in the forme that here it goeth there came to my hādes a certayne breif pamphlet writen in Rome by M. Mar. Ar. presentlie vpon the execution of Squier in England which confutation thoughe for the substance of the matter it seemed to me very sufficient to giue any man satisfaction by shewing the whole matter of Squyers accusatiō condēnation and execution to be a very fiction and deuised for certayne endes which there are touched yet thought I not amisse to let this Apologie passe also as it was made partly for that it conteyneth my owne particuler defence which the other toucheth not but handleth the whole action in general and partly also for that the māner of both our proceedings is different he shewing the whole subiect and argument to be a fayned thing and I that albeit some occasion had byn geuen of suspition yet the forme of proceeding against Squyer the rest to be vniust against all reason equitie law and conscience M. Mar. Ar. to proue his intent layeth downe the historical narration of all the whole matter and men touched in the same to wit how Squyer and Rolles were taken vpon the sea and brought prisoners to Siuil and had their liberty there by Father Parsons meanes and how afterwards geuing newe occasion of offence in matters of religiō they were taken agayne at S. Lucars brought back to Siuil and there agayne after certayne monethes imprisonment deliuered out of prison put in different Monasteryes for to be instructed whence they fled away to the sea syde and excused their flight afterwards by letters to Father Walpoole that was most in daunger by that flight which letters are yet extant It sheweth also the improbability of the deuise to wit that Father Walpoole being the man he is should euer haue thought of such a fond way of sending poyson into England by such a fellow as Squyer was suspected stil to be a dissembled protestant as afterwards he proued and that thing could not be wrought nor the poyson caryed so farre but that Rolles his compagnion must know somewhat thereof who being at that present in the Towre of London and neither brought foorth nor mentioned nor yet made partaker of the fact was a token that matters went not wel nor were directly handled Besides this that book declareth by many examples the practises of Protestants in these our dayes for making Catholykes odious especially Iesuites of which order Father Walpoole is who was fayned to be the contriuer of this conspiracy which is shewed to be as farre from the condition of the man as the matter it self is from all probability of truth to wit any such poyson to be made bought and sold in Siuil proued by the death of a dog sent into England by sea in bladders of leather poured vpon the Quenes Sadle as also vpon the chayre of the Earle of Essex without hurt to the sitter or ryder the matter discouered by one Stanley that neyther sawe Squyer in Spayne nor spoke with him and it was denyed by Squyer first at the barre and after at his death and since his death called in dowt by Stanley his first detector as by some hath byn written from the place where he abydeth the force also of that poyson yf any such had byn is declared by reasons and authoritie both of physick and Philosophie that it could not worke any such effect as was ymagined or pretended consequentlie that those applauses congratulations both by woords sighs teares which a company of flatterers shewed foorth at Squyers arraynment and condemnation for her Ma ties so miraculous escape was most ridiculous and vayne This is the summe effect of that answere as breifly set downe as I can gather it and it maketh the fiction most euident to all such as without partiality wil read it though I heare say that it may chance come out agayne more ample in a secōd edition with many Autentical letters as wel of the citty of Siuil as of the courte of Inquisitiō in that place to shew the manner of Squyers and Rolles running away from those partes with some other circumstances to improue the probabilitie of the deuised slander in England which letters and instruments I thought not good to insert heere to my Apologie but to leaue thē to M. Mar. Ar. now at his returne hither from Rome to ad to his former Answere if so he shal think good for that he maketh mention thereof in the same and as for this my defence gentle reader I shal not need to aduise thee of the substance manner method or argument therof for that the breife chapters ensuing wil sufficiently setfoorth the same only I would admonish thee to consider maturely with thy self how rhow mayest be vsed in matters of Religion which do most import thy soule and saluation when in matters of fact and open action thow shalt fynd thy self so egregiously abused TO THE RIGHT HONORABLE THE LORDES OF HER MA ties PRYVIE councel RIght honorable vnderstanding by common fame confirmed by letters from Italy Flanders and France that one Edward Squire was lately condemned and executed in England for
charitable man can conceiue of me that I would now without all compulsion hope of gayne or feare of losse aduisedly forsweare my self with a wilful and damnable periury frustrate and loose all that fruit of my former sufferings Neuerthelesse yf any man be so passionate and vncharitable that he wil not be satisfied with this my protestatiō and solemne othe let him way wel the matter it self with all the circumstances then I doubt not but he wil easely fee the wrong donne both to Squyre and vs that are conioyned and mentioned in his accusation First therfore for this purpose it is to be considered what was Squyres end therein seing as the Philosopher sayth the end is the first thing in intention though the last in execution in a matter of so great weight daunger as this there must needes be some great consideration that moued him therto which the contriuers of this tragedy knew so wel that for the better colouring of the deuise they forged the most forcible motiue and highest end that maybe which is zeale of religion and hope of aeternal reward induced perhaps therto by the late example yet fresh in memorie of the last King of Fraunce killed by a fryer moued with meere zeale without all hope of tēporal gayne or possibility to escape therfore they sayd that Squyre by F. Walpooles persuasions entended the death of her Ma tie and my L. of Essex to the end to do a meritorious act and to gayne euerlasting glorie but the vanity of this fiction is euident seing it is manifest that he was a protestant as he shewed playnely at his death when yt was no tyme to dissemble where-vpon I inferre that seing his religion taught him that there is no merit in workes and much lesse in such workes how could he imagyn that the killing of her Ma tie should be meritorious or any way grateful to God she being the principal piller of his religion by whose death the same should be endangered and the Catholyke fayth lyke to be furthered or at the least he must needs imagyn that F. Walpoole had no other end therin but the furtherance of his religion yf he moued him to any such matter could he then be so contrary to him-self as for zeal of religion or hope of merit to seek the ouerthrow of his owne religion this is incredible absurd and impossible Seing then it is cleare that he could haue no such motiue or end as was supposed and vrged in his accusation what may be thought of the whole matter buylt vpon so weak fals a ground but that the foundation fayling the whole buylding must needes fal withal for the further proof wherof and our ful purgation though it might suffise without further discourse that Squyre at his death cleared both himself and vs yet to the end that the impiety malice of our aduersaryes may be withal so euident that they shal haue no colour or pretence to haue proceeded according to allegata probata which in some cases may excusse a iudge from all offence though he condemne an innocent man I wil particularly examine the groundes where-vpon he was condemned THE EXAMINATION OF THE grounds wher-vpon Squyre was condemned and how vncertayne is the tryal of truthe by torment CHAP. II. ALTHOVGH I haue litle vnderstanding of our english common lawes whereof I neuer had further knowledge then that which I got by the experience of some fewe cases that I saw tryed at the common Assizes and in the Kings bench which also by my long absence from England I haue in part forgoten and therfore cannot proue by the words and texts therof nor by books cases that Squyre was wrongfully condēned yet yf I proue the same by the approued lawes of other countreys yea and by reason and conscience which are the grounds of all good lawes yt must needs follow that eyther he was condemned flatly against our english lawes also or els that the same are repugnant to conscience and reason which were as great an inconueniēce as the other and such as I am sure no common Lawyer of England wil grant neyther is it to be supposed Now then to come to the examination of this matter yf it be true that is heer reported as it is lyke to be for that we heare yt vniformely from dyuers partes that Squyre was condemned without any witnesses presented at his arraynment vpon some light presumptions and his owne confession extorted by torment as he sayd him-selfe at the barre and also at his death it is cleare that he was wrongfully condemned for that no law can allow that such a confession should suffise for the condemnation of any man without some other euident proofes yt being manifest that the innocēt may be forst by tormēt as soone to accuse himself falsly as the nocent truely to confesse his fault which the cyuil law proposeth to all Iudges carefully to be considered saying that Iudgment by torment is deceytful for that often the innocent are compelled thereby to confesse faults which they neuer committed and S. Augustin wisely noting the inconuenience of such tryals lamentably bewayleth the practise thereof and the infirmity of mānes Iudgement in this manner in these wordes When a man sayth he is tormented in his owne cause to try whether he be culpable or no many tymes the innocent suffreth most certayne paynes for an vncertayne fault not because any cryme of his is knowne but because his innocency is vnknowne so that the ignorance of the iudge causeth the calamity of the innocent and that which is more intollerable yea to be lamented with fountaynes of teares we see that whiles the Iudge tormenteth the accused least he should kyl an innocent it happeneth by the miserie of humayn ignorance that he falleth into the inconuenience that he seeketh to auoyd and ignorantly killeth a guyltles man whom he tormented to know whether he was guylty or no for the accused rather chussing to dy then to indure the torment doth many tymes accuse himself of that which he neuer did Thus much S. Augustyn in this discourse Hereof also Valerius Maximus geueth a notable exāple in a seruant of Marcus Agrius who being accused to haue kylled a seruant of Titus Fanius did for feare of torment most constantly affirme that he had donne it though after he was executed the partie whom he confessed to haue killed returned home safe wherto I might ad many examples of lyke matters that fal out in day he experience but that I wil not be tedious to your Lordships and therfor I wil only touch breifly by the way one that concerneth my self not vnlike to this of Squyres which happened in the yeare of our Lord 1595. at my being with the Dukes grace of Feria in Bruxels where I was through the rigorous yf not malitious proceedings of a certayne Iudge brought to be accused by two seueral persons not only to haue intelligence which
to your Lordships eares and thus much for the man now to the matter First that which Stanley affirmed that he heard of me in Madrid was not perticuler concerning Squyres employ to kil her Ma tie for the which he was condemned but general concerning some seruice to be donne by him which might haue beene vnderstood if I had spoken it as I neuer did of some other matter of lesse importance and daunger to the state then the Queenes death in so much that howsoeuer it might serue to induce some light presumpcion it could be no euidence sufficient to condemne Squyre neyther yet to geue him torment other circumstances being considered as after shal be proued Secondly this Stanley testified nothing vpon his owne knowledge against Squyre but only vpon hearesay from vs heer which cannot suffise in law to condemne any man especially in this case seing it was acknowledged by M. Atturney that we of whome he was supposed to haue heard it had suborned him to ouerthrow Squyre and besydes to do some great mischeif in England vnder colour to accuse Squyre of that matter so that both he and we are supposed to haue conspired to betray Squyre Whervpon may be inferred two things very euident the one that Stanley being Squyres accuser he could be no witnesse against him for that in law they are to be distinct persons The other that though he were not his accuser but witnesse yet might not his accusation or testimony be of any force against him for that yf it be true as law determineth that a mortal enemie to any man cannot be his accuser nor a lawful witnesse against him because the law presumeth that whatsoever he pretendeth he is not moued therby by zeale of Iustice but by desire of reuenge what shal we say of Stanley of whome it was presumed by the lawyers theÌ„-selues that neyther zeale of Iustice nor loue of his countrey nor coÌ„sideration of his duety to her Ma tie nor any other good respect moued him to accuse Squyre or to be witnes against him but as in Iudgement it was anowed and supposed that he was suborned and sent in by vs heer of purpose to cut Squyres throte and vnder colour therof to do also some other notable mischeif wher-vpon in lyke manner it may be no lesse probably coÌ„iectured that yf we heer made no conscience to employ Stanley to two mischeuous and pernicious purposes at once making the one a colour for the other we would make as litle scruple for the better compassing of our designments to bely Squyre also vnto him and so his testimonie should be false which although it be farre fromour customes and consciences yet I say it might haue seemed probable ynough to those that would not stick to vse the lyke practises towards vs yea haue donne many tymes as wel by counterfet letters sent to some principal men of our nation in such sort as they might be intercepted conteyning thankes for services donne as also by woords cast out at home of some of vs in the presence of such as were lyke to blow it abroad to our disgrace by which meanes a very honest and wyse gentleman and confident seruant of the Kinges was cauled in questioÌ„ of late yeares by some aduersaries of his who accused him to have intelligence with the state of England for that a councelour now dead had sayd of him in the presence of some principal Catholykes that he was an honest man and a frend to his countrey but the commissioners that were deputed for the hearing and examining of the matter on this syde the seas had neyther so litle law or conscience or so smal iudgement in discouering trecherous deuises as to suffer the partie to be so much as apprehended vpon such an accusation Therefore to conclude if such a testimonie as this of Stanley be held good in our law as it is in no law els of the world such a gappe is layd open to calumniatours as no man in England can make account that this head is sure vpon his shoulders But put the case that Stanley had beene both a lawful witnesse and his testimonie neuer so much to the purpose yet he could not by any law eyther humayn or diuine be sufficient to condemne Squyre being a lone and that no maÌ„ els witnessed the same particularitie that he did as had beene requisitie to proue it iuridically in a matter of lyfe and death wherein as the law sayth vox vnius vox â—ullius the saying of one is the saying of none and our Sauiour sayth in ore duorum aut trium testium stet omne verbum let euery matter be decyded by the witnesse of two or three witnesses And although in some cases our lawes admit one only witnes yet the same cannot be with any reason or conscience practised but when the iurers themselues haue so sufficient knowlege of the matter that they need not any further testimony for which purpose our law ordayneth yf I be not deceaued that the Iury shal be impaneled in the same county where the acte was donne to the end that the iurers may haue eyther all or some of them at least some perticular vnderstanding thereof But in such cases as this of Squyre whereof the Iury could haue no knowlege but by the euidence and proofes produced our lawes cannot so far disagree from all other lawes humain and diuine as to coÌ„demne a man to death vpon the testimony of one alone though it bee neuer so direct and pertinent to the purpose and much les when it is so indirect weak and impertinent as was this testimony of Stanley Furthermore seeing that Stanley was not deposed in the presence of the prisoner nor of the Iury but only his deposition red how did the Iurie know for the satisfaction and discharge of their consciences whether he had geuen his testimony voluntarily or by violence and whether he would stand vnto it to Squyres face or no which they were bound to consider yea and to be assured of yt before they should find him guyltie vpon his euidence for no doubt to those ends the law ordayneth the publike presentation and deposition of the witnesses before the Iurie the prisoner for what might be thought but if Stanley had sayd any such thing yet that he had reuoked it agayne and would not stand vnto it or that there was some other iugling in the matter seing he being then liuing and in the tower was not brought to the court to be deposed there confronted with the prisoner as reason and the custome of our law requireth wherto the ciuil law is also coÌ„forme which ordayneth that the witnesses examined in sumariae informatione be produced agayne in plenaeriâ— iudicio or els that their testimony is nothing worth and this is thought so necessarie in all causes criminal that it caÌ„not be dispeÌ„ced with no not with the consent of the
in matters of lyfe and death much more is it needful in our Law wherin ignorant and simple men are to determine the cause and yf we do not say that this was the intention of our Lawmakers that ordayned our Iuries we cannot with reason defend eyther them or their lawes in this behalf nor excuse them from exceeding great absurdities and iniurious proceeding THAT THE EVIDENCE against Squyre was not sufficient in Law to geue him torment that therfore his confession extorted therby was voyd in Law and his condemnation vniust CHAP. VIII BVT some perhaps wil say that although these two testimonies of the priuie councelour and of Stanley were not sufficient in Law to condemne Squyre yet they suffised to geue suspition of the matter and to make him apprehended examined and tormented wher-vpon ensewed his confession which being ratified after by himself at the barre was a sufficient warrant to the iurie to fynd him guilty and to the Iudges to pronounce sentence against him of death as they did For satisfaction of this poynt I wil brieflie prooue first that this euidence was not sufficient to geue Squyre torment secondly that his confession vpon torment was voyd in Law and lastlie that his ratification therof at the barre could not reualidate the same and although for his purpose I must ayd my selfe of the Ciuil law as hitherto I haue donne for lack of knowledge bookes of our owne lawes yet I am wel assured no wyse and learned common lawyer can reiect the reasons alleadged by the ciuil law as wel for that they are grounded on equitie and conscience in which respect they are receyued and confirmed in lyke manner by the Ecclesiastical and canon lawes of Christendome as also for that our law so farre admitteth the ciuil law that in many cases yt remitteth vs vnto the decision thereof as we may see in matters of testaments and mariages and in diuers cases of the chancerie for which purpose do serue our Arches Admiraltie and M. of the chancery and this must needs haue place much more in this case then in many others for that the tryal by torment properly belongeth to the ciuil law and not to ours which law of ours abhorring as it seemeth the crueltie and rigour of torture doth exclude it from the tryal of coÌ„mon causes as before I haue sayd therfore if in any case it boroweth the vse therof of the ciuil law it must eyther vse it with the same circumstances and conditions or els with more moderation seing it tendeth more to mercie pittie then the other doth Now then to the matter though the ciuil law vseth torment in tryal of criminal causes to force the partie to confesse the cryme yf he wil not voluntarily do yt neuerthelesse yt ordeyneth that it shal be geuen with such circumspection and consideration as yf the forme and circumstances of the law be trulie obserued there is litle daunger or none at all of doing wrong to the party First yt commandeth that the iudge begin not with torment neyther proceed hastely therto but with mature consideration aswel of the qualitie and credit of the partie as of the lykelihood and truth of the cryme obiected Secondlie that the euidence and proofes produced be most manifest as in the 4. Chapter of this treatise I haue sufficiently proued Thirdlie that the witnesses shal be such as no lawful exception can be taken against them And although the Iudge may geue torment with one lawful witnesse that produceth indicium indubitatum as the lawyers tearme it an vndoubted and cleare euideÌ„ce as for example when there is an eye witnesse against whom no exception can be taken for so sayth Bartol yet when the sayd euidence is not so manifest two witnesses at least are required and the same to be contestes that is to say affirming one and the selfsame thing This being true it appeareth that Squyre was tormented against all law for that the matter and euidence that was brought against him was neyther cleare nor yet testified by lawful and sufficieÌ„t witnesse for as for StaÌ„ley besydes that he was subiect to many exceptions aswel of suspition of subornation as also for being his accuser in which respect he could not be a witnesse his euidence was lykewise in it self so defectious that yt could be of no moment or consideration in the world as I haue proued in the 6. Chapter And as for the letter which the priuâ—e councelor testified he had seene it was not proued to be a true and no counterfeyt letter and therfore no such cleare euidence as law requireth to the geuing of torment besydes that yf his honour wil be taken for a witnes yet he was not contestis with Stanley for that they did not testifie both of them one and the self same thing as is needful when the euidence is so weake as this neyther did that letter mention any perticuler act but imployment of Squyre in general for generalities no particuler man can be punished as sayth the law Therfore I conclude that he being tormented vniustlie and against law the confession so extorted could not be of force to condemne him though he ratisied the same afterwards publykly at the barre for all ciuil lawyers do agree that yf the euidence be not sufficient to the geuing of torment yea and also sufficiently proued in such manner as before I haue declared then the confession extorted therby is nuâ—la that is to say to be accompted none at all though the partie should ratifie it a thousand tymes after for so they write yea and further that although after such ratification there should be presented sufficient proofes wherby yt should be manifest that the confession was true yet yt could not be therby reualidate and made good in law for his condemnation though it were in cases of assassinat treason or any other lyke haynous cryme whatsoeuer and this being true in the ciuil law it cannot be contradâ—cted by ours which is more fauorable to lyfe and admitteth no torture in tryal of causes for condemnation nor relyeth so much vpon confession of the partie extorted by torment as vpon sufficient euidence of lawful witnesse which in this case of Squyre was none at all in which respect the Iudges and Iurie hearing him say that he had beene tormeÌ„ted and seing the euidence and witnes insufficient for the geuing of torment ought to haue held his confession and the ratification therof suspected and so to haue at least suspended their iudgment vntil better proofes had beene produced presuming that for as much as he might assure himselfe that all the benefit he should reape by the reuocation of his sayd confession would be but new torments worse then death he resolued himself to ratifie the same and at his death to discharge his conscience and to cleare himself as those which accused me at Bruxels determined to do and as infinite others haue donne in
held but for a cold and weake Catholyk and the later suspected to be a protestant as in deede he was then newly come from England without any recommendation or testimony of his affection to Catholyke religion or of his good behauiour could winne so much credit so quickly amongst such principal Catholykes as to be admitted to their councels yf they had held any and to bee made partakers of so high a secret especially seing that the Catholykes on this syde the sea are not ignorant that spyes are dayly sent from England to discouer what passeth amongst them in which respect they are so farre from trusting in weighty affayres those they know not as they hold suspected those of their owne religioÌ„ that come from thence and bring not sufficient recommendation what shew otherwyse soeuer they make of zeale to the Catholyke sayth Is it then credible that so many graue personages Doctors Priests and gentlemen all of them wyse and men of experience would recommend such a matter as the killing of her Ma tie to men vnknowen vnto them suspected yea and mercenary seing as the pamphlet sayth they ment to do yt for hyre did they not know seing all the world knoweth yt that no man can attempt such a maâ—er without loosing his owne lyfe or putting the same in euident daunger whether hee hit or misse whereof the late examples aswel of those that killed the Prince of Orange and the last King of France as of those that haue fayled to kil him that now raygneth do geeue sufficient testimony in which respect neither those two that were supposed to vndertake this act for recoÌ„pence could haue any probable hope euer to enioy the reward promised neyther those Priests and gentlemen could persuade themselues with any reason that these or any others that should promise to doe the same for any such consideration of reward would euer execute it Furdermore is yt probable that those two which should doe the fear would consent that a matter so daungerous for them should be communicated to so many or that the principal of the sayd supposed councelers being men of greate consideration dayly practised in affayres would condiscend to treate such a matter in a councel of men so different in quality and humours as it is wel knowne they were that the pamphlet nameth seing some of them for causes not vnknowne I am sure to the pamphleter did fears communicate togeather in matters of common conuersation and much les in matters of such importance yea and that some others of them were held suspected of 〈◊〉 of that company to haue secret intelliligence with some councellours in EnglaÌ„d for the which they were afterwards cauled in question and therefore it were an absurd thing to think that so many so diuersly disposed and affected and some of them suspected of the rest should treat togeather a matter of so great secresie weight and daunger as the killing of her Mayesty besyds that it is euident and vpon my knowledge I affirme it that of those which were named to be of this immaginary councel at Brussels some did resyde ordinarily in Antwerp some at S. Omers and some at Mastrich yea and were in the sayd places of their ordinary residence at the same tyme that the pamphleter sayth they held these couÌ„cels at Brussels which being knowne in Flanders to be most true did serue notably for the detection of this slauÌ„derous fiction among the wyser sorâ— of those of that country which did read the pamphlet in french or duitch who wondred no lesse at the autors impudency in this behalf then they laughed also hartely at his folly when they noted the ridiculous iest of fâ— Holts carying the blessed Sacrament to the supposed councel his kissing it swearing vpon it when he did minister it to Williams and Yorke which are things so farre from the custome and vse of the Catholyke Churche as euery child on this syde the sea knoweth it to be an impudent and grosse lye And where as the pamphleter relyeth wholy vpon their confessions for the iustification of their condemnation yt is most certayne that howsoeuer they might be forced by torment secretly to confesse those particulers or otherwyse falsly to accuse themselues as Squyre was yet Williams at his death vtterly denyed the same and as for York yt was euident ynough that he dyed distracted of his sences and was not in case to deny or confesse any thing at that tyme as all those that were present at their deaths maye wel remember And as for Patrick Cullen of whome I wil speak a woord or two yt is manifest that he neuer confessed eyther publikly or priuatly that he was any way employed against her Ma tie person which at his death M. Toplif acknowledged sufficiently when he sayd vnto him yt is now no more tyme Cullen to disguise the matter seing thou must dy and therefore confesse thy treason and aske her Ma tie forgiuenes whereto he answered that he called God to witnes that he was neuer employed against her Ma tie noâ— came into England which any such intention and yet the pamphleter affirmeth that he was also condemned vpon his owne confession though he lay downe no particularities nor circumstances therof in which respect it needeth no furder answere and therefore to conclude yt resteth only that I here protest as I do before God that I beâ—ng at Brussels at the same tyme that these men were executed and the pamphlet published some of the principal of those gentlemen that were slandered with these matters did sweare vnto me and take it most deepely vpon the charge of their soules that they neuer had any acquaintance or conference with Williams and York in their liues nor euer knew them otherwyse then by sight that there was neuer held amongst them any such councels or assemblies nor any of those 3. anie way employed against her Ma ties person for ought they knew which as I take my selfe in conscience bound to beleeue knowing the greate integrity and vertue of the parties as I do so I haue thought good vpon this occasion to testify it vnto your Lordships and to all others that shal read this Apology for your more aboundant satisfaction in this behalf OF THE ENDS THAT OVR Aduersaryes haue or may haue in slaundering Catholykes with such treasonable attemptes first of the end that they haue common with all persecutors of Gods Churche and how much they faile of their purpose therin CHAP. XVI IT appeareth my Lords by these examples that the slaundering of Catholykes with treasonable attempts in our coutry is no new practise but an old for many yeares and so oft reiterate that it is now growne to be stale and a common custome or rather held for a special and necessarie point of state but with what benefit to the state it shal be discussed after when I shal haue brieflie declared the ends that the Autors of these calumniations haue or
state I wil signifie hereafter Thirdly it is not vnlikely that the deuisers of these fayned conspiracies seeing themselues employed by your Lordships otherwhyles in some matters of state take themselues for so great statists that they make no doubt to extend their care further then your Lordships meane they should do to wit to the whole state and gouernment yea to the person of her Ma tie though litle to her good or comfort holding it a high point of policy and necessary for the comon welth that her Ma tie be kept as a man may say in aw with thease bugbeares of imaginary attempts against her person to the end shee may bee the more plyable and easy to be gouerned for as the poet saith res est imperiosa timor feare is an imperious thing Furthermore the end which they may haue for their owne particular commoditie is to make themselues and their seruices more gratful to her Ma tie and to your Lordships by their pretended discouerie of so many daungerous treasons against her Ma tie and the state Whereto I wil ad that it also importeth your honours to consider whether any of those that are taken to be the cheife discouerers of these supposed treasons may be thought to fauour the title of any particuler pretender to the crowne after her Ma tie for in such case they may perhaps vse this artifice to shadow some designemeÌ„t of their owne no lesse daungerous to her Ma ties person then this which they feigne and lay to our charge to the end they may the more assuredlie and securely execute the same that afterwards the suspition and blame therof may rest vpon vs which we read was the practise of Seianus in the tyme of Tiberius the Emperour who aspiring to the Empyre and determining to make away Agripina that was a great mote in his eye first suborned some to put into her head that the Emperour meant to poyson her and after made rumors to be spred all ouer Rome that some had conspired her death I say not this my Lords to charge any man particularly for I know not who they are that are the forgers of these false coynes but because I see that the lyke practises haue beene vsed to the destruction of Princes and may with reason think that those which haue so litle conscience to procure the spilling of so much innocent blood by such damnable deuises as these wil make lesse scruple to break all lawes humayn and diuine when there is question of a crowne I therfore insinuate this to your honours as matter worthy of your consideration especially feing it cannot be thought that they beare any good and loyal affection to her Ma tie knowing that she cannot but be much afflicted with the vehement apprehension of these supposed treasons and yet neuer ceasing to torment her therwith framing dayly new fantasies of fayned feares as though heauen and earth had conspired against her the concept wherof accompagnied with other cares incident to the gouernment of such a potent state might suffise to procure the vntymely death of the most couragious prince that liueth and what it may woork in her Matie no lesse timorous of nature by reason of her sexe then decaying now in bodilie vigeur by reason of her declining yeares any man may easely iudge THAT THESE PROCEEDINGS of our aduersaries which they hold for polityke are against all pollicy and true reason of state CHAP. XVIII BVT put the case that her Ma tie be so inuincible of courage that there is no feare of any such effect to follow yet let it be considered whether in other respects it stand with true reason of state to incence her Ma tie against her subiects by lyes and slaunders and them against her by insupportable wrongs and cruelties which were no dout the next way to put all in combustion yf the Catholykes loyalty obedience and patience were not such as God be thanked yt is and I hope euer wil be such I say as neuer hath ben red nor heard of in any people so opprest so long tyme together so many in number so honorable in quality and condition and so frended abroad as they might bee in respect of their religion yf they would seek the remedy that other discontented people haue sought in former tymes whereby the state of England hath ben changed and turned vpsyde downe twyse or thryse already since the conquest for how were the two Kings Richard the 2. 3. disposessed of their crownes and lyues but by their owne subiects malcontent succored with smale forces from abroad yet no such cause geuen them as is to vs who are esteemed for no better then opprobâ—ium hominum abiectio plebis the skorne of men and outcasts of the people as saynt Paule sayth peripsema muÌ„di the very scuÌ„me of the world conteÌ„ned trodeÌ„ vnder foot derided of all men depriued of all priuiledge of natural subiects of honâ—ors dignities laÌ„des lyues for no greater offences then our auncient the vniuersal fayth of Christendome made treason yea for fayned crymes neuer meant nor dreamt of To this purpose it is to be considered that no force nor power is so great as Cicero sayth that can resist the hatred of a multitude neyther any empyre so potent that can long stand by rigour oppression and cruelty therefore amongst the causes of the ouerthrow of empyres and Kingdomes Aristotle worthely reckoneth hatred and feare of the subiects exemplyfying the same with the smale continuance of all the tyranical states that had ben in his tyme or before and Caesar confessing that he neuer knew any cruel man that could long conserue him-self and his state but only Sylla which yet was not long he wysely added that he would not follow his example wherein he had great reason for one swallow as they say makes no sommer neyther can the example of a few which escape counteruayle a common experience that teacheth what euident daungers do accompany cruelty oppression which no humain power nor pollicy caÌ„ make secure as it is euident enough to all wyse men that wil consider how litle securitie Kings and Princes that haue incurred the hatred of their people haue found in the remedyes and defences that humain pollicy hath inuented I meane in their treasures fortresses gards armies multitude of spyes wisdome and vigilance of councellours and such lyke for haue not a number of them notwithstanding all this ben by their subiects chastised and reformed deposed expelled imprisoned killed and those that haue escaped best haue they not commonly liued a miserable lyfe afflicted and tormented with continual feares ielousyes and suspitions of their best friends for as Seneca sayth he that is feared of many must needs feare many what did all the welth power and force of the Roman empyre auayle the Emperour Claudius poysoned by his raster and Nero so pursued by the people that he
treate some few lines more of a pamphlet set foorth for Squyres condemnation after his execution OF A CERTAYNE PAMPHLET printed in England concerning the conspiracie of Squyre after his death and first of two notable lies which the Author therof auoweth vpon his owne knowledge CHAP. XX. HAVING determined to speake no more of Squyres affayre but rather to haue ended with this that hath beene said I receyued from a frend of myne a pamphlet printed in England by the deputies of Christopher Barker the Queenes printer concerning the matter and offence of Squire intituled A letter written out of England to an English gentleman remayning at Padua conteyning a true report of a strange conspiracy c. the which pamphlet doth geue me occasion to enlarge my self somewhat further then I meant For although I hold the same to be sufficiently answered as wel by that which I haue already discoursed in this Apology as also by the foresaid treatise lately published by our frend M. A. in confutation of the whole fiction besydes that the pamphlet it self hauing neyther name of author nor priuiledge nor licence for the printing may seeme rather to be reiected as an infamous libel then held worthy of further answere neuertheles considering that the Author therof taketh vpon him such particuler knowledge of all the proceedings in that matter that he seemeth to be no ordinary person but rather some one that had his hand in the pye and agayne forasmuch as it may be thought that the Queenes printers neyther would nor durst set foorth any such pamphlet touching her Matie the state withoue the warrant of some man in authoritie and lastly for that the Author therof amongst many fooles bolts that be hath shot therein seemeth to haue leuelled one particularly at me though he name me not I haue thought good briefly to touch some points therof To come then to the matter his discourse consisteth of 3. partes the first his declaration of Squyres confession touching the particulers as wel of the supposed conspiracy as also of the execution therof the secoÌ„d the maÌ„ner of the discouery of it the third this pamphletters coÌ„ment and censure vpon the same interposed sometymes by the way of discourse In the first I only wish to be noted two notorious and impudent lyes within the compasse often lynes auowed by him vpon his owne knowledge The one that Squyres confession concerning the conspiracy was deliuered by himself without torture or shew of torture the other that it was in no point retracted or disauowed eyther at his tryal or at his death whereas all those that were present thereat are witnesses of the contrary and amongst many others some of your Lordships that assisted at his tryal may wel remember I am sure that he vrged a long tyme that his confession was extorted by torment and although he confessed the fact after vpon some persuasions and expectation perhaps of pardon yet at his death when it imported him for his euerlasting good to discharge his conscience he reuoked his said confession not only disauowing the fact and all intention therof but also his supposed employment by Father Walpoole and when the shyrif vrged him with his confession made at seueral tymes he answered in the hearing of all the assistants and lookers on that he would as wel haue said any thing els in the world at that tyme to deliuer himself from the torments which he endured and being pressed to confesse at leaft his subornation and employment by the Iesuit for Father Walpoole was not otherwyes named there he flatlie denyed it and gaue a sufficient reason to cleare both himself and the father saying that he ranne away from Seuil without the fathers knowledge and that therfore it might easely be iudged that he was not suborned nor sent by him And this I affirme as wel vpon diuers relations that I haue seene thereof in wrytâ—ng as also vpon the report of a credible person who was present at his execution with whom I haue spoken here in Madrid so that I dare herin boldly appeale to the consciences not only of M. shiriffe who was kindled with great choller against the poore man for denying it but also of all the assistants and beholders who were much amazed to heare matter so farre from their expectation their vttered by him that dyed What then may I say of the impudency of this man that maketh no bones to put in print yea and to affirme vpon his knowledge such a notablely disprouable by the testimony of so many hnndreths as were present as Squires death wherto serueth all his exaggeratioÌ„s of the foulnesse of the fact his opprobrious speeches against Father Walpoole his deuises of charmes coniurations enchantments exorcismes cyrcles all his Sinons tale so smothely framed but to bewray both his vanitie and malice seing he taketh delight and glorie in the vayne oftentation of his owne lying tongue to the slauÌ„der both of the quick and the dead and therfore let him consider what the psalmist sayth to him such other calumniatours Why doest thow glory in malice thow which art potent in iniquitie c. thow hast loued all woords of ruyne and destruction thow which art a very tongue of tromperie and deceit therfore God wil destroy the finally and pluck the vp and remoue the from thy tabernacle and thy root from the land of the liuing OF CERTAYNE ABSVRD improbabilities in the same pamphlet touching the manner of the discouery of Squires supposed conspiracy CHAP. XXI AFterwards when he cometh to acquaint his Paduan frend with the manner how the matter was discouered he sayth thus when tyme passed sayd he and nothing came of it they he meaneth vs heere made construction of it that Squyre had byn false to them one of the more passionate of them inueigheth bitterly against Squyre tels how he was trusted and how he had vndonne the cause and the better to be reuenged on him is content that one that they let slip hyther as if he had fled from them should geue information of this matter not with the circumstances but generally against Squyre partly to winne himself credit and partly to wreak themselues on Squyre Thus farre this pamphleters wordes which being conferred with that which as before I haue signified was vrged against Squyre at his araignment concerning the same matter wil be the better vnderstood It was then declared I meane at the barre vnder the confession of Ihon Stallage alias Stanley lately before fleck froÌ„ hence that I did one day in my owne lodging inueighâ— against Squyre with great passion and oth saying that he had deceyued vs and that we should be discredited with the King therby and further that persuading our selues that Squyre had already reuealed the matter we sent in Stanley to do some other great mischeef with pretence to accuse Squyre therof wherby it appeareth that the passionate man who the pamphleter sayth reuealed it was my self that Stallage
his persecution with craftie and subtyle deuises enuying them the name and glorie of Martyrdome that the souldiours of Christ had got in former persecutions and therfore he endeuored to vse violence in such sort as it should not appeare ordayning that the Christians which suffred for Christ should be put to death as malefactours this affirmeth S. Gregory NaziaÌ„zen of Iulian the apostata wherein yow may see a true pattron of your owne proceedings for to exemplify the same with answere to the question yow aske concerning the temper of the lawes made in the 23. yere of her Ma ties raigne what other cause had yow to make those lawes in that yeare but that yow knew that Father Campian and diuers Seminary Priests were come into EnglaÌ„d lately before therfore to make the world beleue that their comming was to no other end but to sow sedition and trouble the State yow did not only make those lawes but also shamfully mundered the same yeare thesaid famous man and 11. godly innocent Priests with him for fayned conspiracies proued against no one of them disauowed by them all at their deathes which sufficient proof of their innocency as before I haue declared at large in the 11. chapter besydes many other since made away in lyke manner vpon lyke fals pretences and especially in the yeare 88. after the Kinges Armada had past through the channel in which yeare yow executed aboue 40. Priests and Catholykes in diuers partes of England to make the world beleeue that they had intelligence with the Spaniards or had procured the comming of thesaid Armada which could not bee proued nor so much as iustly suspected of anyone of them Moreouer I dare boldly affirme neyther shal yow euer be able with truth to controle me that wheras our Seminaries haue yeilded within these 30. yeares 5. or 6. huÌ„dreth Priests that haue laboured in that vyneyard wherof yow haue put to death more then a hundreth yow could neuer iustly charge any one of them with sedition or matter of state except it were Ballard executed with Babington and the rest whom as I wil not excuse because I know not how farre he waded in those matters so wil I not condemne him considering the proceedings of yow and your fellowes with Catholykes in lyke cases yet this I wil be bold to say that if he had any dealing therin it was without the consent or knowledg of any of his superiours yea or of any intrinsecal frend of theirs wherof I could yeild a sufficient reason if it were conuenient But let vs admit that he was as deep in those matters as any of the rest haue yow therfore any reason to condemne all other Seminary Priests for his act I do not blame yow heer for punishing any Catholyke that yow should fynd to be truly seditious but I fynd it strange against all reason and iustice that yow do not only punish vs for fayned crymes but also impute the doings of one or of a few to all which was alwayes in my tyme and I think it stil the absurd dealing of your lawyers in the araignment of Catholykes vrging against them the attemptes of Doctor Sanders in Ireland and Feltons setting vp of the Bul and such like as though euery Catholyke were priuie to their doings or thought himself bound in conscience to do as they did which kynd of argument your lawyers would neuer vse if they were not eyther most malitious or ignorant or thought all their audience to be fooles For what conclusion can be drawne from one or some particuler to a general as to say Eaton the preacher did pennance on the Pillery in cheapsyde and after at Paules Crosse for lying with his daughter such a minister was hanged for a rape such an other for sodâ—my such a one for a murder ergo all ministers are mnrderers sodomites rauishers of women and incestuous persons Would your ministers allow this conclusion or els that lawes should be made against them all for the offence of some of them and yet to say truly there haue beene so many examples of ministers conuict executed for such crymes that yow might with more reason exterminate the whole ministery as a very sink of sinne then condemne all Catholykes as seditious for Doctor SaÌ„ders and Feltons cause oâ— all Seminary Priests for Ballards But to conclude this point it is euident ynough that neyther Ballards offence yf he committed any nor theirs that were executed with him could be any occasion of those rigorous lawes against Seminary Priests which were made some yeares before when as I haue said yow had not any one example of a Seminary man that had beene or could be touched with any sedition other then such as yow fayned of them your selues Furthermore what iust cause had yow to make the distinction in your lawes betwixt Queene Marie Priests Seminary Priests haue yow found any more in the one then in the other but only that yow know the old Priests of Queene Martyrs tyme were so spent and wasted already that ther was not left of them perhaps half a score in England who also yow thought would be in a short tyme consumed wheras of the others yow saw a continual spring that would flow perpetually to the vndouted destruction of your heresy in tyme if it were not stopped in which respect yow thought good to seeme to fauour the first that yow might with more shew of reason persecute the later Neuerthelesse yow haue hanged some of those Q. Marie Priests as wel as the other only for doing their function counting them therin no lesse seditious then the Seminary Priests and yet yow say yow spare the one sort as only superstitious and punish the other as seditious But such seditious and superstitious Priests as these are were the very Apostles and Disciples of our Sauiour for they absolued from sinne as these do they administred the Sacraments of Baptisme or the Aâ—ter extreeme vnction the rest as these do they said masse that is to say they offred in sacrifise the blessed bodie and blood of our Sauiour as these do they did preach and teach the Christian Catholyke doctrine as these do finally they were persecuted punished for sedition as these are Thus Sir yow may see yow had not those causes which yow pretend to change the temper of your Iawes nor to distinguish betwyxt Seminarie and Queene Marie Priests neyther any reason at all to cal them eyther superstitious or seditious But let vs see some more of your gloses THE CONFVTATION OF an inuectiue which the Author of the Pamphlet maketh against the Iesuits CHAP. XXIIII IN your 10. and 11. page yow make a digression to treat of the strange mysteries as yow cal them of the Iesuits doctrin how they mingle heauen and hel and lift vp the hands of the subiects against the anointed of God yow wonder that Princes do not concurre in
A DEFENCE OF THE CATHOLYKE CAVSE CONTAYNING A TREATISE IN CONFVTATION OF SVNDRY VNTRVTHES AND slanders published by the heretykes as wel in infamous lybels as otherwyse against all english Catholyks in general some in particular not only concerning matter of state but also matter of religion by occasion whereof diuers poynts of the Catholyke faith now in controuersy are debated and discussed Written by T. F. WITH AN APOLOGY OR DEFENCE OF HIS INNOCENCY IN A FAYNED CONSPIRACY against her Maiesties person for the which one Edward Squyre was wrongfully condemned and executed in Nouember in the yeare of our Lord 1598. wherewith the author and other Catholykes were also falsly charged Written by him the yeare folowing and not published vntil now for the reasons declared in the preface of this Treatyse Psalm 118. Redime me à calumnijs hominum vt custodiam mandata tua Redeeme me o Lord from the slanders of men that I may keep thy commandements Imprinted with licence 1602. THE VNTRVTHES AND SLANDERS CONCERNING matter of state some particular persons confuted in this Treatise and in the Apology following THE first concerning the conquest of EnglaÌ„d which O. E. in his late lybels falsly chargeth the English Catholykes to seek and sâ—iâ—â—t Treatise Chap. 1. The second touching the Catholyke Kinges late attempt in Ireland which the English Catholykes are also falsly supposed to haue procured Treatyse Chap. â— The third concerning Sir VVilliam Stanley his deliuering Dauenter to the king Catholyke Treatse Chap. 1. The fourth touching father Parsons his great labours in Gods Churche peruersly interpreted shamefully slandred by the heretykes Treatise Chap. 2. The fifth an impudent malitious vntruth auouched by O. E. in his late challenge to wit that no Catholykes are put to death in England for religion but for treason and attempts against the state Treatise Chap. 3. Apology Chap. 10. 22. 23. The sixt the improbable absurd fixtion of Squyres conspiracy against her Maiesties person imputed to father Richard walpole of the holy-Society of Iesus as principal contriuer to father Creswel of the same Society to the author of this Treatise as abetters Apology Chap. 1. 2. 6. 7. 8. 9. 20. 21. The seuenth a slanderous vntruth published as wel in these later as some former libels concerning VVilliams York Patrick Cullen executed at London some yeares past and falsly supposed to be employed by the English Catholykes then at Brussels against her Maiesties person Apology Chap. 15. The 8. an impertinent vntruth publyshed in a pamphlet concerning the fayned conspiracy of Edward Squyre wherein it is affirmed that there is great moderation lenity vsed in causes of religion Apology Chap. 22. 23. The 9. a foolish inuectiue of the author of the sayd pamphlet against the Iesuits Apology Chap. 24. VNTRVTHES AND SLANDERS CONCERNING MATTER OF RELIGION DISCOVERED confuted vpon diuers occasions in this Treatise the Apology following A False impudent assertion of a shameles minister who being present at the death of two martyrs at Lincolne in the yeare 1600. affirmed publikly that England receiued the protestants religion when it was first conuerted to the Christian faith vnder the Popes Eleutherius and Gregory the first Treatise Chap. 4.5 6. An other slanderous vntruth of the heretykes charging Catholykes with Idolatry in the reuerend vse of holy Images Treat Chap. 11. 12. The lyke slanderous impudent vntruth touching the Catholikes opinion of merits of workes published lately in a pamphlet concerning the conuiction of my lord of Essex Treat Chap. â—9 A ridiculâ—us miracle fayned by the author of the pamphlet aboue said that concerned Squyres â—ayned conspiracy Apolog. Chap. 25. The table of the chapters followeth in the end of the Treatise THE PREFACE VVHEREIN THE AVTOR DECLARETH HIS INTENTION IN THIS TREATISE AND THE CAVSE why he wrote the same and why the Apology concerning Edward Squyre being written three yeres since was not published vntil now IT is now more then three yeres gentle reader since that one Edward Squyre hauing bin sometyme prisoner in Spayne and escaping thence into England was condemned and executed for a fayned conspiracy against her Maiestyes person wherto my self some others were charged to be priuy for as much as it seemed to mee that this fraudulent manner of our aduersaries proceeding against Catholykes by way of slanders and diffamations authorised with shew of publik Iustice and continued now many yeres did beginne to redound not only to the vndeserued disgrace discredit of particular men wrongfully accused but also to the dishonour of our whole cause I thought it coÌ„uenieÌ„t to write an Apology in my defeÌ„ce to dedicate the same to the Lords of her Maiesties priuy counsel as wel to cleare my self to their honours of the cryme falsly imputed vnto mee as also to discouer vnto them the treacherous dealing of such as abuse her Maiesties autority and theirs in this behalf to the spilling of much innocent blood with no smalle blemish to her Maiesties gouernment and the assured exposition of the whole state to the wrath of God if it be not remedied in tyme. This Apology being written by me in Spayne and made ready for the print now almost 3. yeres past it seemed good as wel to me as to other of my friends to stay the impression of it vntil we should see the issue of the treaty of peace betwyxt England and Spayne then expected with no smalle hope conceaued of many that liberty of conscience or at least some toleration of religion might ensue therof to the Catholikes of EnglaÌ„d therfore seeing my principal intention was no other but with the occasion of my owne purgation to seek remedy of the wrongs donne vnto vs by discouering to the lords of the councel the vnchristian and pernicious proceeding of our cheef persecutors it seemed to mee that yf the desyred effects of toleration and consequently our remedy did follow of the treaty the labour charges of printing my Apology should be needlesse And although after many moneths expectation and the meeting of the commissioners at Bullen there appeared no lykelyhood at all eyther of peace betwyxt the two kingdomes or toleration of Catholyke religion in EnglaÌ„d in which respect it seemed conuenient to some that my apology should be published yet for as much as so long tyme was then ouer past that the matter of Squyre seemed to bee forgot and that therfore the defence of my innocency might eyther be to litle purpose or at least seeme out of season I resolued to suppresse the same and the rather for that I vnderstood that howsoeuer some simple men might be deceaued in Squyres cause yet the wysest considering the weaknes and inualydity of the proofes and his denial of the fact at his death did take it for an inuention and a stratageme of state conforme to dyuers other of like quality which many wyse
men amongst the protestātes themselues haue noted heretofore But now comming hether to Rome and seing the matter reuiued and mightyly vrged to the preiudice of all Catholykes by 2. seueral lybels composed lately in England the one by an heretical minister ashamed of his name and therfore Sutly shrowding it vnder a fals Visar of O. E. and the other written very lately by a puritan as it seemeth calling himself Thomas Diggs I haue determined to set out my apology for the ful satisfaction of all indifferent men in this poynt wherto I am moued the rather for that I haue also sufficiently treated therin some other matters handled by O. E. who laboureth to proue that all the persecution which Catholykes haue hetherto suffred is iustly to be ascribed to their treasonable attēpts besydes that he is not ashamed to affirme that none haue bē put to death in all her maiestyes raigne for matter of religion which impudent assertion of his I haue so sufficiently confuted in my sayd apology as no more needeth to be sayd in that matter Neuertheles vpon this new occasion giuen by him I haue thought good to prefix this treatise to thesaid Apology to giue thee good reader some more particular satisfaction concerning this point and first to answere sincerely and truly vpon my owne knowlege an other slanderous and malitious conceit of his touching the il affection as he supposeth of diuers principal Catholykes to their country and therefore for as much as I intend also vpon occasions that may be offred to debate and discusse in this treatise some pointes of Catholyke religion now in controuersy and withal to cleare our doctrine in those pointes from certaine malitious slanders of our aduersaries I haue thought good to entytle the whole A defence of the Catholyke cause Wherein I make no doubt but that thow wilt easely note good reader amongst many other thinges the inconsideration of our aduersaries in that they are not content only to wrong vs in our goodes and persons by extreme iniustice vsed towards vs but also to wound vs so deeply in our fame by their calumniatious and slanderous lybels and reportes that they force vs much against our willes to lay open to the world their shameful and vnchristian proceedings in defence of our owne innocencie and for the honor of our cause which not only all lawes of God nature and nations do allow and permit but also conscience vrgeth and byndeth vs vnto in this case For although priuate men may somtymes with great merit suffer themselues to be slaundered without contradiction when no furder detrimēt ensueth thereof then the losse of their owne fame or their particular hurt yet when the same is ioyned with other mennes harme or with a publyke damage espetialy of religion they cannot without offence to God neglect or omit their owne iust defence Therefore I hope no man wil blame mee or other Catholykes in lyke case for offring iust purgation of our selues and our cause though it bee with the reproch of them that slander vs vt obstruatur os loquentium iniqua that the mouthes of calumniators may bee stopped And whereas the same may seeme to redound to some disgrace or dishonor of the state by reason of the publyke authority pretence of her maiesties seruice wherewith our aduersaries do comonly couer and colour all their malitious actions I purpose for my parte to vse in this my defence such due respect to the state to the supreme gouernours thereof I meane her Maiestie and the honorable Lordes of her counsel that I hope to auoyd all iust cause of offence and giue ample testimony of the loyalty of a moste dutiful subiect discouering to her Maiestie and their honors by way of humble complaint the great abuse offred by our aduersaries no lesse to them then to vs as wil more particularly appeere in my Apologie directed and dedicated to the Lordes of the councel AN ANSWER TO TVVO MALITIOVS SLANDERS CONCERNING the conquest of England falsly supposed to be pretended and solicited by the Catholykes and touching the late enterprise of the king of Spayne in Ireland Also concerning Sir VVilliam Stanley CHAP. I. AMONGST many malitious slanders wherwith O. E. and other heretyks seek to make vs and our cause odious to all men one of the principalest is that wee desyre and conspyre the cōquest of our countrey by the king of Spayne wherewith they charge not only F. Parsons and the Iesuytes but also other English Catholykes that haue serued and serue the Catholyke king in which respect I cannot forbeare to testify the truth of my knowledge in this poynt hauing had sufficiēt meanes and occasion to vnderstand what hath ben treated with the Catholike kings of Spayne by any of our nation since the yeare of our Lord 1589. at what tyme I passed from the court of France by reason of the troubles there to the seruice of their Catholike Maiesties whome I haue serued euer since and for some yeres together in the court of Spayne vntil now of late that I retyred my selfe from thence to Rome to satisfy my priuate deuotiō by dedicating the rest of my declyning dayes to the seruice of God in an ecclesiastical function Therfore I here protest vpon my conscience not only in my owne behalf but also in the behalf of F. Parsons and the English Catholykes that serue his Catholyke Maiesty that our dealings haue bin so contrary to that which is imputed vnto vs that we haue donne farre better offices for our country in this poynt then the malice of our aduersaries suffereth them to suppose For hauing wel considered that the breach of amity betwyxt her Maiestie and the Catholike king growing dayly by sundry acts of hostility on both parts to an implacable quarrel might moue him to seek the conquest of our country wherof his puissant preparations in the yere 88. gaue no smalle suspition to the world and not hauing any hope to be able to diswade his Maiestie from seeking some sharp reuenge of the attempts made against him by sea and land wherto not only reason of state but also respect of his reputation and honour seemed to oblige him wee determined to do our vttermost endeuour so to temper and qualify the same as it might not turne to any conquest of our country To which purpose sir Francis Englefield whylst he liued Father Parsons Fa. Creswel and my self haue at dyuers tymes represented to his Matie of glorious memory many important reasons to perswade him that it was not conuenient for him to seek the conquest of England nor probable eyther that he could conquer it or yet if he were able to do it that he could long keep it in subiection and this wee haue vrged so oft and with such pregnāt reasons as wel to his Matie that now is as to his father of glorious memory that I verely beleeue that if they euer had any inclination or resolutiō
delinquent himselfe who cānot in such cases renounce his owne iust defences Therfore to conclude seeing that Stanley was subiect to all exceptions aswel for his lewd conditions and suspition of subornatiō against Squyre as also for beeing but a single witnesse and his euidence not of knowledge but of heare-say not particular concerning the killing of the Queene nor giuen in publyke and in presence of the Iury but in priuate there were so many detects therin that yf the Iurie found Squyre guyltie therevpon I must needs say they were worthy to weare papers for their paynes and may perchaunce weare fierbrands els where if they repent not for spilling Christian blood so wilfullie OF THE TESTIMONIE geuen by a priuie councelor CHAP. VII IT is further reported heere that a priuie councelor being present at Squyres araygnmēt did witnesse that he had seene a letter which had passed betweene me a kinsman of myne at Rome wherein we aduertised one the other that although Squyre had not yet performed that which he promised yet he continued his determination to do it when oportunity should serue Hereto for answere I do first make the same asseueration as before vpon my Saluation that there neuer passed any letter betweene my kinsman and me concerning Squyre in any sence or to any purpose whatsoeuer and that I think in my conscience my said kinsman neuer hard tel of him nor so much as dreamed of him or any matter of his in his lyfe except now by this occasion of his execution written from England Secondly I say that persuading my selfe that so great a councelor would not so litle respect his honour and conscience as to forge of his owne head a matter so false and odious as this and to affirme it in such an honorable and publyke assembly to the preiudice of any mannes lyfe and fame if he had seene no such letter in deed I must needes think that he was abused by some of his intelligencers or inferiour informers who to make a shewe of their double diligence in such affayres did counterfet the sayd letter in my name or my cosens But howsoeuer that was in this testimonie two thinges are to be considered the one the estate and qualitie of his person the other the weight and valewe of the matter which being weighed ioyntly may seeme not a litle to preiudice this cause but considered a parte do nothing at all hurte the same For the first I say as Cicero said in the lyke case in defence of Muraena when Cato was the accuser that the dignitie autoritie and other partes that God hath giuen to that our english Cato for a publike good ought not to turne to the damage of any particuler man further then the matter meriteth but rather to his benefit to which purpose Cicero recoūteth that when the famous Scipio Africanus accused Lucius Cotta the great credit and authoritie of the accuser was so far from hurting the defendant that it greatly profited him for sayth he the wyse and prudent Iudges would not suffer any man so to faul in Iudgement that he might seeme to be ouerthrowne principally by the power of his aduersarie and Valerius Maximus telleth of Quintus Pompeius Aufidius that being accused of extorsion and much pressed with the testimonies of Lucius Q. Metellus and of Caius and Q. Cepio men of soueraigne dignitie in that common wealth he was neuerthelesse absolued least sayth he it might seeme that he was opprest by the might of so potent enemies Such was the honorable proceeding of the ancient Romans who thought it no reasō that a witnes or accuser should bring into Iudgemēt ouer great power or more authoritie then ordinarie or ouermuch fauour and credit which ought to be employed to the defence of the innocent to the help of the poore impotent to the comfort of the afflicted rather then to the daunger distresse and distruction of subiects This I am bold to intimate to your Lordships not to blame the a foresaid wise and woorthy councelor to whome I beare all due reuerence and respect but to the end it may appeere that yf his autoritie dignitie moued the Iury more then the weight of the matter which hee testified as yt is lykely it did it neither ought so to haue donne neyther was it I am sure any parte of his honours meaning or desire that it should do and thus much for his person As for the matter which he testified I shal not need to spend many wordes therin for that I am persuaded his honour did not speake as a witnesse but by the way of discourse seing that so farre as I vnderstand he was not deposed and sworne neyther yet the letter brought foorth and red in the court nor proued to be a true and no counterfeit letter which I verely beleeue his honour wil not for all the good in the world affirme vpon his credit much lesse vpon his oth as it had beene necessarie eyther he or some other should haue donne to make the same forcible in law wherof I saw once the experience in an action of scandaelum magnaetum in the Kinges bench where a letter of the plaintiffes being presented by the defendant I remember M. Atkinson who pleaded for the playntife reiected it as not written by him wher-vpon the defendant was forced to produce a councelour at Law for witnesse who vpon his oth affirmed that the letter was of the plaintifes hand and sealed with his owne seale And yf this were needful in a ciuil action yt must needs be much more in a cause criminal capital wherein most euident and pregnant proofes are required especially in our law wherin the Iuries that are to Iudge thereof are ignorant men in which respect they had need to haue the the matter as cleare as the sunne for otherwyes our tryal were the most absurd and barbarous tryal in the world and therfore whensoeuer yt is obiected by the Ciuilians against our law that simple Idiotes haue in their handes the Iudgment of our causes and as Anacharsis merilie said to Solon of the populer state of the Athenians that wyse men propound and plead cases and fooles decyde them when this I say is obiected our common Lawyers answere that our Iurers are not to Iudge de Iure but de facto not of matter of Lawes or right it self but of matter of fact only that is to say not of intricate and ambiguous pointes but of playne and euident matters as of actes donne which neuerthelesse yf they be to be proued by presumptions coniectures and doubtful euidences ignorant men wil assone be deceyued therin as in matter of lawe wher-vpon I inferre that yf in the ciuil and all other good approued Lawes wherin Learned and wise men are to Iudge of the euidence yt is required that the same be most manifest and testified by eye witnesses or others that haue as certayne knowledge therof as eye witnesses and this especiallie