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A19147 A iust defence of the slandered priestes VVherein the reasons of their bearing off to receiue Maister Blackwell to their superiour before the arriuall of his holines breue, are layed downe, and the imputation of disobedience, ambition, contention, scandall, &c. is by able arguments and authorities remoued, the obiection of the aduerse part sufficiently answered, and the Popes sentence in the controuersie truly related. By Iohn Colleton. Colleton, John, 1548-1635. 1602 (1602) STC 5557; ESTC S116469 291,516 340

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is the imposing of so heauy penalties for the direct or indirect maintenance of the censure Whether the vniuersitie gaue the same vpon true information or otherwise This this appeared so strange as we hardly durst beleeue our owne eyes before we read the wordes ouer and ouer gaine nor should we so haue beleeued the same had the decree not come forth in the hand writing of our Superior and vnder his seale For was it euer heard that one Prelate and of no higher calling thē an Archpriest Protonotary Apostolical being also but a Bachelor of Diuinity neuer reader in the facultie would not only so ouerrule the cēsure of a whole vniuersitie but so farfoorth to reiect it as to bereaue Priests of their faculties to suspend them from the altar to interdict the Laitie man and woman yong and old vulgar and noble whosoeuer shall maintaine the same so much as indirectly and this Whether the information giuen to the vniuersity were true or false Was it euer heard that Priests hauing no other meanes to maintaine themselues by then by vse of their faculties and liuing euery houre in danger of death for profession of their faith should be spoiled of their faculties disabled to do good to others put from the altar robbed of their maintenaunce debarred from Sacraments and incurre all these spirituall punishments for defending the censure of a most learned famous and Catholike vniuersitie in a matter neither decided by any decree of holy Church nor contrarie to any expresse authoritie of holy Scripture Was it euer heard that men and women leesing all their goods and two third parts of their lands onely because they will not go to a contrarie Church and dayly hazarding their liues and the vtter ruine of their whole posterity for professiō of the Romane faith for receiuing Priests for releeuing their necessities for the glorie of Gods Church for preseruation of Religion for good example to their The penalties following the censure of interdiction euen christen should be exiled from vse of all sacraments put from being present at diuine Seruice and dying not to be interred in Christian manner and to be thus disgraced maligned defamed and spiritually afflicted for adhering to their friends approued to be honest by long triall for taking part with their ghostly fathers in a matter of fact discussed and determined to be lawfull by publicke censure of a renowned vniuersitie Was it euer heard that the like measure hath bene met by an Archpriest to Priests by a Superiour to his subiects by a father to his children by a labourer to his brethen coadiutors by one liuing in persecution against his fellowes in the same persecution and this by the counsell and direction of religious persons who must not be counted sicut caeteri homines as the rest of workemen in the same vineyard O heauen O earth are ye not astonied or do ye not close your eyes from beholding the iniustice the inhumanitie the vnnaturalnesse the oppression the affliction vnspeakeable enough to stumble any that are not well staied by grace But besides these exceptions of our Archpriest against the censure father Parsons as one being inured with the trade of deuising shiftes descendeth in the Apologie to other particulars and telleth vs that the said definition of Paris in very deede very little releeueth our case and Fol. 115. sequentib that we might well haue spared to print it but for making a vaine flourish with ostentation of an Academicall sentence And why so Marie because the information that was giuen to the Doctours was wrong and defectuous and that there was no man of the Archpriestes side to reply or tell the tale as it ought to be and tell them how false the information was Is all this true then we pray tell vs what man was at Rome when you laboured and informed the Cardinall and his Holinesse about instituting the subordination to reply or tell them how false the information was Had not you father Parsons the drawing of the Constitutiue Letter the setting downe of the instructions and additions The day of iudgement will declare you had howsoeuer you cloude matters now from the sight of those that will not see light when the Sunne shineth Were there any Priestes in England which were to liue vnder the subordination that had a part a voice or were made priuy to the designe saue happily some two or three of whom father Garnet your inciter and aduertiser stood wholly possessed and had the commaunding of their pens tongues and trauels You write in seuerall places of the Apologie that both the Laitie Fol. 98. 99. 117. alibi and Priestes desired by their letters and expresly demaunded of his Holinesse a subordination among Priests Shew their letters or giue vs some secret notice of their names that the truth may be knowne or we shall not beleeue you but take thi● as we must do innumerable other for escapes of your pen and memorie You write likewise that if those reuerend learned men had bene indifferently instructed in the case how it passed they would haue bene of a farre other mind and iudgement then to cleare such a fact And we do as verily beleeue that if his Holinesse had bene indifferently informed how matters passe in England betweene the secular Priestes and the fathers of the Societie he would haue appointed a farre other forme of Subordination then such as inlisteth but one side of the contenders and maketh those that were their oppressors before more potent to exercise their splene and exempteth them from out the compasse of the iurisdiction appointed ouer the other Rome father Parsons cannot perswade vs that euer his Holinesse pious and tender conscience would suffer you to sit as you do at sterne making lawes for vs chusing our Superiour directing gouerning and raigning as a Vice-pope ouer vs had he bene indifferently giuen to vnderstand of our Princes hatefull auersion from you and that not for your good deedes or leauing the world and the generall auersion likewise that most of our Priests conceiue of your insinceritie in many matters and truthlesse dealing Finally you adde that they would not haue cleared such a fact as hath caused so many sinfull scandals Here we must intreate you to name what kind of cause our action of delay was of the sinfull scandals that haue followed You must needs range it as we thinke vnder that kind of cause which is called causa sine qua non the cause without which the ensuing fact had not bene committed which as you know the Philosophers terme stolidam causam a foolish cause And sure if our bearing off and sending to Rome was lawfull in it selfe as beside the decision of Paris the authorities before going do proue inuincibly your reason for that such our fact hath caused so many sinfull scandals is weake childish For hath not the institution of your owne order approued by the Sea Apostolicke to be good and
Christi confessores die 7. Martij anni millesimi quingentesimi 98. deputauit prout in praedictis patentibus literis quarum tenorem praesentibus ac si ad verbum insererentur pro expressa habere volumus plenius continetur Nos autem cupientes duputationem praedictam ac omnia in praefatis literis patentibus contenta tanquam de mandato ordine nostro cum participatione ac plena scientia nostris facta ordinata plenariè executioni vt par est demandari Et vt illa omnia pleniorem roboris firmitatem obtineant prouidere volentes motu proprio ex certa scientia matura deliberatione nostra deque Apostolicae potestatis plenitudine deputationem supradictam ac praenarratas Henrici Cardinalis Protectoris patentes literas desuper expeditas cum omnibus singulis in illis expressis facultatibus priuilegijs indultis iustructionibus declarationibus ac alijs quibuscunque contentis in omnibus per omnia perinde ac si omnia hic nominatim expressa specificata essent authoritate Apostolica tenore praesentium confirmanius approbamus illisque Apostolicae ac inuiolabilis firmitatis robur adijcimus omnes ac singulos defectus si qui in eisdem interuenerint supplemus eaque omnia singula de expresso mandato ordine cum participatione certa scientia nostris facta ordinata fuisse esse ac propterea valida firma efficacia existere fore ac plenissimam roboris firmitatem obtinere suumque plenarium effectum sortiri obtinere sicque ab omnibus censeri ita per quoscunque iudices ac commissarios iudicari definiri debere ac irritum inane quicquid secus super his à quoquam quauis authoritate scientèr vel ignorantèr contigerit attentari decernimus non obstantibus constitutionibus ordinationibus Apostolicis caeterisque contrarijs quibuscunque Datum Romae apud S. Petrum sub annulo piscatoris die 6. Aprilis anno 1599. Pontificatus nostri anno octauo M. Vestrius Barbianus Pope Clement the eight FOr future memorie of the thing c. Among the weightiest cares of our pastorall sollicitude that surely of conseruing and propagating the Catholike Religion possesseth the chiefest place and therefore what things soeuer are done and ordained to this end vpon our commaundement by the Cardinals of the holy Romane Church we that they may take due effect do fortify the same with the strength of a pastoricall confirmation For as much as of late our beloued sonne Henry presbyter Cardinall of the title of S. Potentiana Chamberlaine of the holy Romane Church Protector of the English nation with vs and the Sea Apostolike hath by our commandement for the happy administration and gouernance and for the mutuall loue peace and vnion of the Catholikes of the kingdomes of England and Ireland and for the conseruing and augmenting of Ecclesiastical discipline deputed by his letters patents dispatched which begin in this maner It is knowne and almost by dayly experience found true and end after this sort And I very hartily cōmend me to your prayers most louing fathers and brethren and Christ his most reuerend confessours the 7. day of March 1598. our beloued sonne George Blackwell English Priest Bacheler of Diuinitie for his pietie literature zeale of Catholicke Religion and his other vertues to be Archpriest ouer the English Catholickes with certaine faculties by him and other twelue Priests his Assistants respectiuely to be exercised as is more at large contained in the said Letters patents whose tenor we will haue reckned or expressed as if they were word by word in these presents inserted And we desiring the foresaid deputation and all things contained in the aboue mentioned Letters patents as done and ordained by our commaundement and order and with our participation and full knowledge to be put as meete is in full execution And being desirous to prouide that all these things may haue the greater firmenesse of strentgh we of our proper motion and certaine knowledge and mature deliberation and of the fulnesse of Apostolicall power do by the tenour of these presents confirme and approue with Apostolicall authoritie the aboue named and rehearsed Letters patents of Henry Cardinall Protector * Desuper expeditas sent from hence with all and singular faculties priuiledges fauors instructions declaratiōs expressed in them and other things whatsoeuer contained in and by all respects as if all things here by name were expressed distinguished and we do adde vnto them the strength of Apostolicall and inuiolable firmenesse and do supply all and singular defects if any hapned in the same and all and singular these things to haue bene and to be done and ordained by our expresse commandement and order and with our participation and certaine knowledge and therefore to be remaine of force firmenesse and of efficacie and to obtaine most ample strength and take and hold their fullest effect and so ought to be censured of all men and to be sentenced in like sort and defined by what iudges and Commissioners soeuer and we do decree to be void and of no validitie whatsoeuer otherwise in these things shal fortune to be attempted by any man of what authoritie soeuer wittingly or ignorantly notwithstanding the constitutions and ordinances Apostolicall and whatsoeuer els to the contrary Giuen at Rome at S. Peters vnder the fishers ring the sixt day of Aprill the yeare of our Lord 1599. the yeere of our Popeship 8. M. Vestrius Barbianus TO auoide all doubtfull vnderstanding of words and here first to agree of the issue that when the point is debated the difference be not found in the end to consist only in the diuerse taking of words and in no diuersitie of matter we request leaue of our Archpriest to moue this one question whether by the foresayd asseueration viz. that the Popes Breue confirmed the Cardinals Letters as validas ab initio and vtterly condemned and inualidated all things done to the contrary he meant that the sayd Breue did so confirme the Cardinals Letter Constitutiue as it had force from the beginning to bind vs vnder the crime of schisme or enormious disobedience to accept presently of the subordination without delaying our submission in the maner we did that was vntill the appearing of his Holinesse Breue or whether his meaning by the foresayd words were onely that the sayd Letter had an obligatiue force from the beginning in it selfe in that it was written by lawfull and sufficient authoritie to wit by speciall commaundement of his Holinesse but yet it had no force actually and forthwith to bind vs to receiue the subordination assigned because there wanted either some Papall instrument or other more authentike proofe then the Cardinals owne affirmation for testimony of such his Holinesse commaundement and graunt of the particular faculties enacted If our Archpriest vnderstand this latter sense in his auowance as the cause whereupon and the ende why