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A09169 The image of bothe churches. Hierusalem and Babel vnitie and confusion. Obedienc [sic] and sedition. By, P. D. M. Pattenson, Matthew. 1623 (1623) STC 19480; ESTC S105879 195,377 472

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ther harts which is an antidote against treason And that I think the cawse vvhy in the 45. yeares of the Quenes raigne as I haue hard ther vvear onelie 2. secular preasts convinced and attainted for actual Treason Ballard for knowing and concealing the attempts of A. Babington and ovvld parson Plometree for saying Mass at the rising in the Northe for I never hard of anie other treason he committed yet it is straing to see vvhat a malicious extension of offences they make vvhat inuectiues vvear published against them and ther vocation what sermons proclamations lawes wear mayd in thunder and ●e●●or against these poor soldiers of the Churche militant vnder the banner of Christ and what crosses and sufferings haue they not endured the onelie Colledg of Rheams and Douay besides all other religious orders can best testifie the rigor who smarted most by it sending into the Haruest of the Lord aboue 100 labourers who all suffred for res mere spirituales for being preasts and doeing the office and for no other treasons as hearafter shall be explained 5. But fullie to cleare and purge them from all iust scandall and calumniation I will confirme and iustifie ther innocentie and ther loyall harts to Quene Elizabeth obsignatis tabulis Anno 27. Elizab it vvas mayd fellonie to receaue and harbour a preast and treason to be a preast and the act ded look back verrie crevvellie to 1. Elizab. that who vvear mayd preasts since should be branded with that mark The which lawes vvear mayd in regard of Parries treason of Frances Throgmorton of Babington and his complices and of Fa. Campion and the peasts vvith hym arraigned vpon the conceipt and opinion had of there practises and combinations for restoring religion and for deliueranc of the Quene of Scotts all vvhich vvear then fresh in memorie Whearupon the preasts then being in England framed a supplication by common consent and deliuered the same to the Quene at Gren vvich by the hands of maister Shellie for the vvhich secretarie Walsingham committed hym to the marshalsie vvhear he dyed bycause the counsell vvear not mayd first acquainted vvith yt In that petition first they renounced and condemned Parrie his practises then they declared ther opinion in these vvords 1. We for our parts vtterlie denie that either the Pope or the Cardinalls haue povver or authoritie to command or licens anie man to consent to mortall sinn or to committ or intend anie fact contra ius diuinum 2. Who soeuer he be spirituall or temporall that deliuereth or mantaineth so apparent sacriledg we renounc hym and his opinion as deuelish 3. For our trew purgation we protest before God that all preasts who ever conversed with vs haue acknowledged your Maiestie ther lavvfull Quene tam de iure quam defacto and pray for yow and exhort your subiects to obey yow 4. They preciselie admonish vs that it is haeresie for anie subiect to lift vp his hand against Gods annoynted And so by this supplication they answered all the six articles which wear vsuallie tendered and obiected to all preasts Then how doe these men deserue to be charged for defending propositions of treason or corrupting the subiects or attempting against the sacred person of Gods anointed ded those ther opinions geue anie cawse to maik such seuear lavves against them or to continew them But I will maik ther loyaltie yet appeare more plainlie after the Gunpowder Treason the name and memorie wheareof doth yet greaue the harts of all good Catholicks first the Archpreast ded vtterlie condemne it by writing as a most detestable and irreligious deuise And the preast them self aswel for ther own purgation and to clear ther vocation and societie from an imputation so odious as also to testifie and approoue ther obedienc and loyaltie they exhibited thre petitions One to his Maiestie an other to the Parliament by the hand of Seigneur Frances Hastings and Syr Richard Kinghtlie and an other to the Earl of Salisburie protestations of there innocentie and testimonies of ther fidelitie and dewtiefullnes What could they doe more or what could be desyred more of them therfor his Maiestie in his proclamation 7. Nou. graciouslie declared his good opinion and assurance of the Catholicks in these words VVear sayd he by good experienc so vvel persvvaded of the loyaltie of diuers subiects of the Roman religion that they doe as much abhorr this detestable conspiracie as vve our selfs and good reason for therby all should haue perished togeter of both religions Which induced father Garnet who was there confessor to protest his dislike allwaies of it and to repent his fault sorrowfullie which vvas onelie in concealing it and vvhich he conceaued that he ought not to reueal knovving it onelie by ther confessions and vvhich also mooued Syr Euerard Digbie to lament his ill fortune that he should leaue behind hym the memorie of such a loath some stayne tho he was not mayd priuie to ther drift and purpose What nead I say more how farr Preasts and Catholiques ever detested sedition and treason appeareth by the treatise of that learned Bushop D. Christopherson against rebellion and vvould yovv knovv hovv much those of Rheames condemned treason and disobedienc Read pag. 301. ther notes vpon the testament latelie printed Subiects vvear bovvnd in temporall things to obey the heathen being lavvfull kings and to be subiect to them euen for conscienc to keap ther temporall lavves to pay them tribut to pray for them and to doe all other natur all devvties And yet Doctor Kellison goeth further for in his learned Suruey he giueth a good reason for it Bycaus saith he faith is not necessarily required to iurisdiction neither is authoritie lost by loss of faith which opinion Waldensis ded long since defend with great iudgment against that monstruous opinion of Wiclef Nay further they teach obedienc for conscienc sake not for onelie feare of punishment and penalties of the law for lawes ar never so vvel obserued as when they ar enacted in the conscienc of the people he that obeyeth for pollicie onelie may disobey for pollicie which varieth vpon occasions and so doth his obedienc with it 7. But yf yow desyre yet to be better assured and satisfied I will show yow the opinion of the Bushops and prelates of Quene Maries tyme. The new deuised six articles composed by D. Hammon vvear proposed to all preasts as the touchstone to trie ther loyaltie 1. whether the bull of Pivs V. wear a sentenc to be obeyed 2. whether Q. Eliz. wear a lawfull Quene not withstanding the bull 3. whether the Po●e had power to geue authoritie to her subiects to rebell and depose her c. Vpon these quaestions Bushop Watson Abbot Fecknam D. Iohn Harpesfeald D. Nicholas Harpesfeald and others wear curiouslie examined Some of them answered they never see the bull but all of them professed ther obedienc notwithstanding the bull et vt verae reginae obediendum And fullie Nichol. Harpesfeld resolued
and diuers others and with drew them from ther obedienc Bycause it is a matter which concerneth all preasts it is necessarie to examin it with deliberation Cuthbert Mayn was indited at Launston 1577. that he had and obtained from Roome a bull and instrument for absolution and that maister Tregion knowing hym to haue obtained the same 20. April after ded ayd and mantaine hym and was reconciled These wear the accusations and iudg of them 1. First for his reconciling Mayn answered that they wear deceaued preasts ded vse to reconcile men onelie to God neither by reconciliation was euer anie man withdrawen from his remporal obedienc by anie consequenc but rather had a greater obligation 2. And touching his being at Room and procuring this bull of the Pope he sayd he vvas never at Room nor sought to obtain from thenc anie Bull at all for absoluing anie man 3. Moreover that it was copie of a bull printed which he bought at Douay onelie to pe●ule and see the manner of it 4. But that which is most to be noted is that it was printed at Douay and by the enditement he was accused that 1. Octob. 1597. he ded obtain from Room the afore sayd instrument for the law intended that the trespassor should obtain immediatlie from the Pope not a copie but the instrument it self and that it should contain some matter preiudiciall to the Quenes person or the quiet and good of the state or to seduce and corrupt the subiects for it is not to be imagined that the parliement would maik that treason by which no hurt nor dainger can ensew to the state 5. But what bull was this that maketh the matter cleare it was a bull concerning the Iubilie which by the Pope is granted of course and not at the suit of anie priuate person and for all contries not for anie one and once in 25. yeares and that bull ded continue in force butone yeare which yeare was ended 1575. and so the date of the instrument was expyred before he bought it much more 1. Octob. 1597. when he was endited so yow see par●u● iunt montes Yet bycause he had the bull tefused to come to the Church and obey the Quenes proceadings iudg Manhood tould the iurie whear manifest proofs can not be had persumptions must be allowed and therupon the iurie fovvnd hym guiltie though the enditement contained altogether matter insufficient and impossible and neither answearable to the words nor senc of the statut For in this bull ther wear neither words nor matter to withdraw or seduce anie subiect from dew obedienc neither vvas ther anie thing preiudicial to the Q. to be executed Notwithstanding maister Tregion lay long in prison emong fellons in a dongeon noysom for smells toads c. fed with bread and water and was afterward condemned in the premunire and his lands seazed by writ from the excheckor and the date of the vvrit vhas before the iudgment giuen as yf they knew it should be so he was prisoner 16. yeares an ancient gentlmen and honorablie allied and his lands 1000. pownds of old rent and tho it was entayled yet the knight marshall fownd means to avoyd it who had begged his lands of the Quene And all this vvas but for religion and vpon false accusation of one Twigs a parish Clack who affirmed that he had speach with Mayn at Christenmas 1575. and at that tyme was Mayn at Douay But to go forward ex pede Herculem by this iudg of the rest which is so much obiected Touching the rising in the North and 7. The Bull of Pius V. the attempts of Babington and his complices they wear mixt actions not for religion onelie or state onelie but for bothe and not procured by the suite and sollicitation of religious men but owt of ther ownzeal and compassion of the Quene of Scotland whome the Earles accoumpted nearest allied to the crovvne And such actions ar not comprehended vvithin the compass of the Question I am to cleare and discusse 1. But concerning the bull of PIVS V. Preasts vvear not to ask the reason of the Popes doeings yet yovv may fynd some of the reasons specified in the bull diuers haue ascribed it partlie to the soodain reuolt of England from the Church partlie to the prouocations mayd by the ministers there who in euerie pulpit vvhotelie and slanderouslie proclaymed the Pope Antichrist and the man of perdition and some haue attributed it to minsinformation of the Quenes case and the Catholicks But I am sure manie graue men vvear sorie that it vvas either procured or defended 2. And C. Allen vvitnesseth multos illud factum agre tulisse as before yovv see Bushop Watson and the rest ded and he wished that it had bean Dei iudicio reseruatum 3. And Fa. Parsons and Campion sollicited the mitigation thereof as appeared at his arrainment that it might not bynd the consciences of subiects to disobey the Quene Whearupon Gregorie the 13. declared withowt anie limitation or restraint that subiects ought to performe all dewties to Quene Elizabeth notvvithstanding the censure 4. Lastlie yow may probablie coniecture that the Popes ar not lightlie induced to vse so extream courses seing they neither sought by such censures to disturb the peace of k. Ed. 6. of the kings of Scotland Denmark Svveden the Duke of Saxonie or Marques of Brandenburg Neither doth it at all touch the Catholicks nor the present state for actio moritur cum persona which is the thing most concerning vs. The greatest blott is that ther vvear 8. The preasts more treasons by the preasts committed in Q. Eliz. tyme then euer wear in anie age by protestants and that is no quaestion disputable bycaus it is manifestè verum near 200. preasts and religious haue bean executed for that offenc In dead Norton D. Hammō and Topclif affirm that it is trew but bycaus Catholicks denieit let vs examin whether it be a trew Thesis no preasts wear executed for religion but for Treason 1. And to determin that the better enquire what be the acts for which they ar condemned to be a preast to come ouer into England to refuse the vath to say mass 10 absolue and ●econcile to preach and minister Sacraments and to bebred vp in the Seminaries Ar these matters of State and not of conscience temporall and not spiritual crimes of treason and not religion Ther must then be a new lexicon de verborum significationibus for els in forrein contries they will exclayme bycause it toucheth them all by participation both in conscienc and c●edit who ar preasts and fynd ther function and profession so tainted 2. Th●n consider and defyne what is treason The best definition thereof is the statut 25. Ed 3. which was mayd according to the common lawes of England how know yow that maister Ploydons opinion directeth me In that act the Question vvas what was treason by the common law now saith he it is a principle in