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A09111 A treatise tending to mitigation tovvardes Catholike-subiectes in England VVherin is declared, that it is not impossible for subiects of different religion, (especially Catholikes and Protestantes) to liue togeather in dutifull obedience and subiection, vnder the gouernment of his Maiesty of Great Britany. Against the seditions wrytings of Thomas Morton minister, & some others to the contrary. Whose two false and slaunderous groundes, pretended to be dravvne from Catholike doctrine & practice, concerning rebellion and equiuocation, are ouerthrowne, and cast vpon himselfe. Dedicated to the learned schoole-deuines, cyuill and canon lavvyers of the tvvo vniuersities of England. By P.R. Parsons, Robert, 1546-1610. 1607 (1607) STC 19417; ESTC S114220 385,613 600

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c. by his letters patentes with the counsell and consent of the Bishops and Counsellours of his nation did giue to the 〈◊〉 of Abindon in Barkshire and to one Ruchinus Abbot of that Monastery a certayne portiō of his land to wit fifteene Mansians in a place called by the country-men Culnam with all profittes and commodityes great and small appertayning thervnto for euerlasting inheritance And that the foresaid Ruchinus c. should be quiet from all right of the Bishop for euer so as the inhabitantes of that place shall not be depressed for the tyme to come by the yoke of any Bishop or his officers but that in all euentes of thinges and controuersyes of causes they shall be subiect to the decree of the Abbot of the said Monastery so as c. And then doth M. Attorney continue his speach thus This Charter was pleaded in 1. H. 7. and vouched by Stanford as at large appeareth which Charter graunted aboue 850. yeares sithence was after confirmed per Eduinum Britaniae Anglorum Regem Monarcham anno Domini 955. by which appeareth that the King by this Charter made in Parliament for it appeareth to be made by the Counsell and consent of his Bishops Senators of his Kingdome which were assembled in Parlament did discharge and exempt the said Abbot from the Iurisdiction of the Bishop c. And by the same Charter did grant to the same Abbot Ecclesiasticall iurisdiction within his said Abbey which Ecclesiasticall Iurisdiction being deriued from the Crowne continued vntill the dissolution of the said Abbey in the raigne of King Henry the eight So he 85. And by this yow may see what an important conclusion he doth inferre of the Kinges supreme iurisdiction in spirituall affayres at that time Whervnto the Deuine comming to answere and supposing that M. Attorney would not falsity or belye his Authors hauing protested most solemnly fol. 40. of his his booke that he had cyted truly the very wordes and textes of the lawes resolutions iudgmentes and actes of Parlament all publicke and in print without any inference argument or amplification quoting particularly the bookes yeares leaues Chapters and other such like certayne references as euery man at his pleasure may see and read them c. The answerer I say hearing this formall protestation and supposing besides that the man would haue some respect to his credit and honour in this behalfe granting all as it lay answered the same as yow may see in his booke but now vpon better search it falleth out that this whole 〈◊〉 was falsely alledged by M. Attorney in the very point of the principall controuersy in hand about the Kinges spiritual Iurisdiction for that whatsoeuer the Charter did ascribe expresly to the Pope his Authority the Attorney suppressing the true wordes relateth it as proceeding from the King temporall authority of his Crowne For proofe wherof I shall set downe the very wordes of my learned friends letter out of England about this point after view taken of the law-bookes themselues and then let any man say how farre M Attorney is to be credited in any thing he writeth or speaketh against Catholickes 86. As concerning saith he the Charter of King Kenulphus for the Sanctuary of the Monastery of Abindon yow must know that M. Attorney hath egregiously abused his Reader in that and other points For the Case standeth thus That in the first yeare of King Henry the 7. Humphrey Stafford was attainted by Act of Parlament of high 〈◊〉 and tooke Sanctuary first in Colchester in Essex after fled to Culnam and tooke Sanctuary in the Abbey of Abindon and being taken from thence brought vnto the Tower of London from thence brought vnto the Kings-bench he pleaded that he was drawne by force out of the said Sanctuary of Culnam and prayed his Counsell to plead that poynt which by all the Iudges of both benches was graunted vnto him And so they pleaded in this manner 87. Idem Humphridus per Consilium suum dixit quod Kenulphus Rex Merciorum per litteras suas patentes consilio consensu Episcoporum Senatorum gentis suae largitus fuit Monasterio de Abindon ac cuidam Ruchino tunc Abbati Monasterij illius quandam ruris sui portionem id est quindecim Mansias in loco qui a ruricolis tunc nuncupabatur Culnam cum omnibus vtilitatibus ad 〈◊〉 pertinentibus tam in magnis quàm in modicis rebus in aeternam haereditatem Et quod praedictus Ruchinus ab omni Regis obstaculo Episcopali iure in sempiternum esset quietus vt inhabitatores eius nullius Regis aut ministrorum suorum Episcopiue aut suorum Officialium iugo inde deprimerentur sed in cunctis rerum euentibus discussionibus causarum Abbatis Monasterij praedicti decreto subijcerentur 〈◊〉 quod c. And heere ceaseth M. Attorney leauing out as yow see in his recitall the wordes that go before ab omni Regis obstaculo c. that the monastery should be free from all obstacle of the King as also these wordes vt inhabitatores eius nullius Regis aut 〈◊〉 〈◊〉 〈◊〉 deprimantur that the inhabitants be not opprest with any yoke of any King or his ministers wherby is euident that the King in his Charter did for his part giue exemptions from temporall royall power but especially the fraude is seen by cutting of the wordes that do ensue which decyde the whole controuersy which are these Et etiam allegauit vltra quod Leo tunc Papa concessit dicto Abbati dictas 〈◊〉 〈◊〉 Et quod Eduinus tunc Britaniae Anglorum Rex Monarchus concessit quod praefatum Monasterium omnis terrenae seruitutis esset liberum quae 〈◊〉 praedecessoribus suis Catholicis videlicet à dicto Sancto Leone Papa dicto Rege Kenulpho c. Et quod virtute litter arum bullarum praedictarum tempore confectionis earundem eadem villa de Culnam fuit Sanctuarium locus priuilegiatus c. Which in English is thus And moreouer the said Humphrey Stafford by his Counsell alledged furthet for himselfe that Pope Leo had graunted vnto the said Abbot the said immunityes and priuiledges that K. Edwin then King monarch ouer all the English in Britany had graunted that the said Monastery should be free from all earthly seruitude which by his Catholike predecessors to wit the said holy Pope 〈◊〉 the said King Kenulphus was graunted and that at the tyme of the making of the foresaid letters patentes and Bulles the said village or towne of Culnam was a Sanctuary and priuiledged place by vertue of the said patents and Bulles 88. This is word for word the very plea of Humphrey Stafford for the Sāctuary of the Monastery of Abindon as it was pleaded by his learned Counsell in law euen as it is recorded in the reportes of the yeares of King Henry the seauenth as
both by bookes preachings and publike speeches of Magistrates as if it had byn a most heinous attempt in deed and not only these but by this occasion all Catholicks generally were most odiously traduced especially in this one point that touched them neerest to wit that they would seeme to conceaue any least hope of his Maiesties clemency and mercy towardes them by way of toleration or conniuency for their Religion or mitigation of their continuall pressures for the same 8. To which end were brought into this booke and published in print not only the Bishop of London his sermon at Paules Crosse vpon the fifth of August then past wherein he auowed his Maiesties protestation against Catholickes to the contrary but the speach also and charge of the L. Chancellour in the Star-chamber vnto the Lordes Iudges and communalty there present ready to departe into their countryes was deliuered as from the Kings owne mouth all tending to the same end of afflicting and disgracing the said people and depriuing them of all hope of any tolerance yea scoffing most bitterly and contemptuously at their folly for conceauing any such vaine hopes and inioyning the most seuere order for descrying searching apprehending imprisoning and punishing them which euer lightly was heard of as though they had 〈◊〉 the only or most grieuous male factors within the Realme and this only for their Religion 9. Soone after vpon the backe of this came forth S. Edvvard Cooke his Maiestyes Attorneyes Booke intituled by him his Fifth Part of Reportes which though in the entrance and fore-front it promised more calme and mild proceeding and so it performeth in phrase and style of writing yet was the drift and ending therof no lesse stinging then the Scorpions tayle it self against all sortes of Catholicks and their Religion And to say somewhat of it in this place his argument or subiect was new and strange taking vpon him to proue out of the old and ancient common lawes of England that the spirituall iurisdiction giuen by Act of Parlament to the late Queene Elizabeth in the first yeare of her raigne and exercised afterwardes by her in Ecclesiasticall matters was dew vnto her not only by vertue of that Statute but by vigour also of the said ancient common lawes and so acknowledged and practised by the olde ranke of our foregoing Kinges and Princes a conclusion no lesse strange and paradoxicall in wise and learned mens eares then that was of him who diuers ages after the warres of Troy ended and the true successe therof published by all writers throughout the world tooke vpon him to teach the contrary to wit that not the Grecians but the Troianes had the victory in that warre and so to reuerse and contradicte whatsoeuer had byn written taught or receaued before 10. Let the histories of our Christian English Kings euen from the first conuerted Ethelbert vnto King Henry the eight be examined whether this be so or not and whether a thousand monuments of theirs in almost a thousand yeares doe not testify them all to haue byn of contrary iudgment practice sense and beliefe in the controuersy proposed to that which M. Attorney by a few pieces of lawes distractedly alleadged woulde haue men to thinke Or if he delight as I take him to be learned to haue this argument more discussed for it is both ample and important let him but procure licence for his Antagonist to write and print his booke and I doubt not but that he will quickly be answered by some of his owne profession among whome I doe imagine that many fingers must needes itch and tickle to be doing in so aduantagious a cause or if not yet doe I dare assure him that some Deuine of our side shall ioine issue with him in that point for the confutation of his whole drifte and narration in those his Reportes but principally in the ouerthrowing of his iniurious conclusion wherby he would inferre that whosoeuer did not belieue and acknowledge the said late Queenes Ecclesiasticall feminine authority power and iurisdiction in spirituall matters was and is a traitor by the iudgment of the ancient common lawes of England receaued helde and practised euen vnder Catholicke Kinges and Princes of former times 11. Vnto which vntrue and improbable paradox he addeth another no lesse stinging nor better founded then the former which is that for the foremost eleuen yeares of Queene Elizabeths raigne vntill she was excommunicated by Pius Quintus No sorte of people of vvhat persvvasion soeuer in Religion refused to goe to the Protestantes Church which is euidently false both in many Puritanes and more Catholicks that refused openly in that time and then That vpon that occasion Catholicks first began to refuse which in like manner is false both for that they refused before and this occasion was altogeather impertinent to their refusall and thirdly most iniuriously of all he would further seeme to inferre that such as refuse now may in like manner be presumed to doe it vpon the same vndutifull minde towardes his Maiesty All which points doe tend to the exasperation and exulceration which euery one seeth and comming from a man of his place roome and neerenes in office about his Maiesty could not but make deepe impression and giue perhaps a great push to the lamentable precipitation of those vnfortunate Gentlemen that soone after ensued 12. VVhich being hapned came forth presently this other odious pamphlet of T. M. his deuised discouery wherunto now I am forced in particuler to answere it being in it self no lesse slaunderous and iniurious then the fact of the conspirators was wicked and grieuous to all Catholickes The booke beareth this title An exact discouery of Romish doctrine in case of Conspiracy and Rebellion But he that shall weigh it well shall finde it a more exacte discouery of English Ministeriall malice in case of sycophancy and calumniation the Authour endeauoring to ascribe that to publicke and generall doctrine which proceeded from priuate and particuler passion as also to drawe the temerity of a few to the hatred and condemnation of the whole Of which iniquity we shall haue occasion to speake more afterward in due place 13. Soone after this pamphlet appeared many more tending all for the most part to the same end of exulceration or driuing rather to plaine desperation euery one adding affliction to affliction and heaping hatred and enuy vpon them that detested bewailed the transgression happened no lesse but much more then these insolent insultors themselues Of this kinde I might name sundry that my self haue seene though being out of England I may presume to haue seene the least part of such as haue byn published and set forth 〈◊〉 this fact fell out as namely one intituled A Discourse of the late intended Treason wherin the discourser beginneth with this foundation That all English both at home and abroad vvere so fully in possession of contented peace at the
from Syr Edward Courtney Earle of Deuonshire Syr Nicolas Throckmorton others what to the conspiracy of VVilliam Thomas who hauing determined and plotted the murder of the said Queene and conuicted therof professed saith Stow at his death at Tyburne that he died for his countrey 30. I passe ouer other conspiracies and Rebellions as that of Vdall Throckmorton Iohn Daniel Stanton Cleber the three Lincolnes and after them Thomas Stafford and others that comming out of France with instructions of the brethren of Geneua surprised Scarborough Castle made proclamations against the Queene that she was iustly deposed and other such like attemptes by that sort of people who all professed themselues to be Protestantes and to haue entred into those affaires principally for their Religion And with what face or forhead then doth T. M. say in this place Shew vs what Protestant euer resisted c. 31. But much more impudent is the second part of his assertion about Ministers saying That no Minister of the Ghospell did euer kindle the least spark of sedition against Queene Mary Wheras his aduersary obiecteth many by name as Cranmer Ridley Rogers and Iewel before mentioned who as is euident by Fox his story in his Actes and Monumentes both dealt preached stirred people against her all that lay in their power And as for Cranmer it is euident he was condemned for the same treason in Parlament Ridley preached openly at Paules Crosse against her title Rogers at Clocester and Iewel was appointed to preach in Oxford had he not byn preuented by the sudden and vnexpected proclayming of the said Queene there by Syr Iohn VVilliams others 32. The instances also that we haue alledged of Goodman VVhittingham Gilby Couerdale VVitehead sundry others testified by my Lord of Canterbury to haue taught and practized sedition against the said Queene in those daies doe they not conuince this Minister Thomas Morton of rare singular impudency will any man euer belieue him hereafter what he saith or affirmeth denieth or shifteth of seing him to auouch so manifest vntruthes as these are with so shameles asseueration 33. But yet to conuince him somewhat more I think good to set downe some of the particuler wordes and phrases of two or three of the principall forenamed pillars of the Protestant primitiue Church in our Iland omitted for breuities sake by the moderate Answerer to the end yow may see their spirit iudge of this mans forehead in standing so resolutely in the deniall taken in hand For first Iohn Knox in a booke written printed at Geneua 1558. which was the last of her raigne wherin after he had said That is is not birth only or propinquity of bloud that 〈◊〉 a King lawfull to raigne aboue the people professing Iesus Christ c. He goeth forward saying thus I feare not to affirme that it had byn the duty of the Nobility Iudges Rulers and people of England not only to haue resisted and withstood Mary that Iezabel whome they called their Queene but also to haue punished her to death with all the sort of her Idolatrous Priestes togeather with all such as should haue assisted her c. Doe yow see here his Euangelicall spirit Doe yow see the essence of his doctrine Doe yow heare this new Prophet declare himself cleerly But let vs giue audience to another of like vocation and spirit 34. The second is his deere brother Christophor Goodman who in a booke of his printed also at Geneua the same yeare 1558. the title wherof was How Superiours ought to be obeyed writeth thus I know yow of England will say that the Crowne is not entailed to heire-males but appertaineth aswell to the daughters therfore by the lawes of the Realme ye could doe no otherwise then admit her but if this be true yet miserable is the answere of such as had so long time professed the Ghospell and the liuely word of God For if it had byn done by Pagans and heathens which knew not God by his word it might better haue byn borne with all but among them that beare the name of Godes people with whome his lawes should haue chief authority this answere is not tolerable If she had byn no bastard but the Kinges daughter as lawfully begotten as was her sister that Godly Lady and meeke lambe yet at the death of our lawfull Prince King Edward that should not haue byn your first coūsaile or question who should be your Queene but first and principally who had byn most meet among your Brethren to haue had the gouernment ouer yow For a woman to raigne Godes law forbiddeth whose raigne was neuer accompted lawfull by the word of God c. So he And behold heere now whether these mens worde of God did not serue them to all turnes euen to barre lawfull succession to depose the possessor and whatsoeuer themselues listed 35. The third Doctor of this learning was M. VVhittingham Deane afterwardes for his good merittes of Durham who made a preface to the foresaid booke of Goodman allowing and commending the same highly as a thing consulted examined approued by Caluin and the rest of the most learned Ghospellers of Geneua for thus he writeth M. Christophor Goodman conferred his articles and cheif propositions of his booke with the best learned in these partes who approuing the same he consented to enlarge the said worke and so to print it as a token of his duety and good affection towardes the Church of God and then if it were thought good in the iudgment of the Godly to translate the same into other languages that the profit therof might be more vniuersall So VVhittingham with whom concurred in iudgment VVhithead Couerdale Gilby and others then liuing in Geneua which Gilby wrote also of the like argument a speciall admonition to the Realmes of England and Scotland to call them to repentāce by all likelyhood for that they had admitted tolerated and not put to death Q. Mary of England and not yet deposed as after they did Q. Mary of Scotland both Mother and daughter and the booke was printed the same yeare by the same Crispin in Geneua wherin besides that which he vttereth against this Queene Mary as a Catholicke Princesse or rather no Princesse in his opinion he hath these wordes also of King Henry her Father euen after his fall from Catholicke Religion The boare was busy wrooting digging in the earth with all his pigges that followed him but they sought only for the pleasant fruites that they winded with their long snowtes and for their owne bellies sake c. This monstrous boare for all this must needes be called head of the Church vnder paine of treason displacing Christ our only head who alone ought to haue this title So Gilby And for that all this was spoken written and printed diuers yeares after Q. Mary was proclaimed and installed Queene and all tending euidently to sedition as
they are printed by Pinson the law-printer in the tyme of King Henry the eight before the Protestant religion came vp And the Lord Brooke in his Abridgement of the law in the tytle of Corone placito 129. doth accordingly sett downe the same case with mencyoning of the Bulles of Pope 〈◊〉 for the said immunities and priuiledges But all the Protestant editions in the tyme of the late Queene Elizabeth printed by Tottell and 〈◊〉 wert haue committed a notable tricke of falsificatiō in leauing out altogeathcr these markable wordes That Leo then Pope did graunt the said immunityes and priuiledges and also those wordes of King Edwyn which of his Catholike 〈◊〉 S. Leo King Kenulphus were granted c. And againe By force of the letters and Bulles aforesaid the said village of Culnam was a Sanctuary and place priuiledged 89. And hereby allois euident that the King did not by his Charter in Parliament for it appeareth to be made by the Counsell and consent of his Bishops and Senators not by Parlament as M. Attorney doth misreport it neyther was there any Parlament held at that tyme in the land or many hundred yeares after for as it appeareth by Holinsheds Cronicle pag. 34. the first vse of Parlament in England was in the tyme of King Henry the first it is cleare I say that the King did not discharge and exempt the said Abbot from Iurisdiction of the Bishop nor did graunt vnto the said Abbot Ecclesiasticall Iurisdiction within the said Abbey neyther had that Abbot any Ecclesiasticall Iurisdiction deriued from the Crowne But as it appeareth by the authenticke reporte of the Case the Pope and the King did both ioyne in making the said Sanctuary according vnto their seuerall powers authorityes So that the exemption from Episcopall Iurisdiction did proceed duely from the graunt of Pope Leo as likewise the exemption from all regall and temporall Iurisdiction proceed from the Charter of King Kenulphus Note also that King Edwins grant was only that the said Monastery should be free from all earthly seruitude and toucheth not any spirituall immunities or iurisdiction at all 90. Thus farre my friend out of England And by this now yow may see how well M. Attorney hath obserued his foresaid protestation that he had cyted the very wordes and textes of the lawes without any inference argumēt or amplification at all And this being my friends aduertisement from England with like obseruation of many other places cyted by M. Attorney with like fidelity I thought good to produce this one amongst many being the first in order for a taste in this place reseruing the rest to a fitter or at leastwise to a second Edition of the foresaid answere of the Catholicke Deuyne where euery thing may be referred to his due place And with this will I end both this Chapter and the whole Booke THE CONCLVSION OF THE VVHOLE VVORKE VVith a briefe exhortation vnto Catholickes not to use the liberty of Equiuocation euen in lawfull cases but where some urgent occasion induceth them therunto CHAP. XIII AND now gentle reader hauing brought this Treatise to an end and iustified as I hope our Catholicke doctrine in the eyes and Iudgments of all indifferent men from the two odious imputations of Rebellion and Equiuocation iniuriouslie cast vpon the same by the malice of Thomas Morton there remayneth nothing but that I conclude this our small labour with an exhortation to all Catholicke people not only to abstayne from the first which is vtterly vnlawfull I meane the attempting of any thing contrary to their loyall dutyes in subiection be their pressures neuer so great but also from the practice and frequent vse of the second though in some cases most lawfull as abundantly hath byn 〈◊〉 except some vrgent occasion or obligation either of defence of innocency secresy right iustice or the auoyding of open wrong do force them to the contrary For as the holy Apostle in two seuerall places affirmeth to the Corinthians in cases not much vnlike to this about matter of scandall Omnia mihi licent sed non omnia expediunt All thinges are lawfull vnto me touching meates and other such thinges but all are not expedient to be practised And againe Omnia 〈◊〉 licent sed non omnia edificant All things are lawfull vnto me but all things do not edifye So I say in this case that albeit a man may without breach of truth or offence of almighty God in certayne cases equiuocate or vse a doubtfull speach for a good and necessary end either in oath or out of oath though the hearer doe not alwayes vnderstand it or be deceyued therwith and that many holy men haue done the same yea Christ himselfe that is the example and paterne of all holinesse and truth in speach as by many examples before at large hath byn declared yet considering the tymes and condition therof wherin Catholicks at this day liue in England the offence and scandall which Protestants and some others that vnderstand not the lawfulnes therof or will not vnderstand the same do receyue or raise thervpon my wish and counsell to Catholickes should be to vse the benefit of this liberty most sparingly euen in lawfull thinges and neuer but vpon great and vrgent 〈◊〉 and occasions 2. And the reasons of this my wish and counsell are principally the two already touched The one the auoyding of scandall euen with the Aduersary himself and that as Catholicke Religion is the only true in doctrine so the practice also therof in conuersation should not only be in all truth and sincerity re ipsa in very deed but in opinion likewise and estimation of others in so much as the word of a Catholicke man ought to weigh more then the oath of an other and the oath or promise of a Catholicke more then any band or obligation of an other which for the most parte I doubt not but is so already taken in England For that albeit by this doctrine before declared about Equiuocation men do know that Catholickes in certayne cases may vse the same yet know they also that the said cases are straitly limited with many exceptions and that in common conuersation as in buying selling traffique and the like Equiuocation may not be vsed to the 〈◊〉 or preiudice of any man and that in Iudgments and tribunals where most vse therof doth fall out all lawyers Iudges and Magistrates do know in Catholicke Countryes wherin the 〈◊〉 may vse Equiuocation wherin not and consequently truth Iustice can suffer no wrōg therby And moreouer they know as before hath byn said that the obligation of a Catholicke man is so great to auoyde all kynd of lyes whether veniall or mortall as for the gayning of a world no one is wittingly and willingly to be committed which accōpt I doubt whether men of other sectes and Religion do make or noe So as though already I perswade my self that