A JUST DEFENCE OF THE SLANDERED PRIESTS:  
Wherein the reasons of their bearing off to receive Master Blackwell to their Superior before the arrival of his Holiness Breve, are laid down, and the imputation of disobedience, ambition, contention, scandal, etc. is by able arguments and authorities removed, the objection of the adverse part sufficiently answered, and the Pope's sentence in the controversy truly related.  
By john Colleton.  Curam habe de bono nomine, hoc enim maius permanebit tibi quam mill thesauri pretiosi & magni. Ecclesiastici Ca 41. vers. 15. Have care of thy good name, for this will remain longer unto thee then a thousand treasures precious and great. 
Newly imprinted. 1602.   

THe author of the Apology allegeth the place following to show the difference between his Libel and the books he impugneth. And we of purpose make choice of the same, leaving the reader to judge whether he, or we, more directly and in better temper insist in the state of the controversy, and answer the objections.   

SApitisne inter verum falsumue discernere? inter inflatum & solidum? inter turbidum & tranquillum? inter tumidum & sanum? inter probationes & criminationes? inter documenta & figmenta? inter causae actionem, & causae aversionem? Si sapitis, benè & rectè; si autem non sapitis, nos vestri curam gessisse▪ non poenitebit, quia et si cor vestrum ad pacem non convertitur, pax nostra tumen ad nos re●ertitur.   

Augustinus contra Petil. cap. 79.  
DO you know to distinguish between true and false? between  and puffed up? between turbulent, and quiet? between swelling and sound? between probations and criminations? between instructions, and fictions? between handling the cause, and running from the cause? If you know this, well and good; if you know it not, we are not sorry, that we have had this care to instruct you, for albeit your heart be not turned to peace, yet our peace returneth to us.   

DILECTO FILIO MAGISTRO GEORGIO BLACKVELLO, NOSTRO & sedis Apostolicae Notario, Regni Angliae Archipresbitero.  
CLEMENS PAPA VIII.  
dilect fili salutem & Apostolicam benedictionem. Venerunt nuper ad nos nonnulli Sacerdotes Angli, qui de gravaminibus sibi à te illatis vehementer conquesti sunt, ac multò antè ad nos & sedem Apostolicam appellaverant, quibus auditis, & diligenter quae pro utrâque part faciunt consideratis. Nos te ante omnia monendum esse censuimus, ut auctoritate à nobis, & Apostolica Sede tibi concessa cautè & prudenter utaris, neque facultates tuas excedas, ut visus fuisti quibusdam in rebus excessisse. Nam jurisdictionem quidem habere te volumus in omnes Angliae sacerdotes juxta formam in literis deputationis tuae in Archipresbiterum à bo: me: Henrico Cardinale Caietano factae tibi hactenus praescriptam, & in casibus in eisdem literis contentis tantum, nullam tamen volumus exercere te potestatem in Presbiteros, qui seminariorum alumni non fuerunt, aut in Laicos, neque facultatem tibi competere infligendi censuras, aut statuta condendi, neque contra Presbiteros appellantes, qui ad Rom: Curiam venerunt, procedendi, nisi Regni Angliae Protectore nunc & pro tempore existent prius consulto, & de omnibus certiore facto, eiusque sententia expectata, neque auferendi, vel suspendendi facultates à sede Apostolica, seu aliis superioribus quovis modo caeteris Presbiteris, qui ad nos appellarunt concessas nisi de consensu & mandato eiusdem Protectoris, neque eosdem Presbiteros de una in aliam residentiam, nisi ex causa, transferendi, quas quidem facultates iidem Presbiteri appellantes sibi antea concessas causa & occasione praetensi schismatis, rebellionis, & inobedientiae nunquam amiferunt, prout nec eos illas amisisse, quatenus opus sit, per hasce nostras literas declaramus. Atque ut tu sine ulla cuiusquam offensione, ac maiori cum animi quiet, & omnium pace, & concordia officio tuo fungaris, auctoritate Apostolica, tenore praesentium tibi in virtute sanctae Obedientiae mandamus, ut nulla negotia ad officium tuum spectantia expedias, communices, aut tractes cum Provinciali societatis jesu, vel aliis religiosis eiusdem societatis in Anglia existentibus, ne scilicet nova discordiae, & contentionis inter eos, & Presbiteros appellantes occasio praebeatur, ac propterea instructionem tibi à dicto Henrico Cardinale Caietano super hac re traditam, pari auctotitate per praesentes penitus tollimus, & abrogamus. Insuper tibi praecipimus, ne de Ecclesiae Anglicanae administratione, & regimine, vel de rebus ad dictum Regimen & officium tuum pertinentibus per literas, vel interpositam personam, aut aliàs quovis modo cum Religiosis eiusdem societatis in Romana Curia, vel alibi ubicunque commorantibus agas, sed omnia ad nos & Romanum Pontificem, aut ad Protectorem pro tempore existentes referas, non quod nos aliquid sinistri, aut mali de iisdem Religiosis suspicemur, Quos scimus syncero pietatis zelo duci, & quae Dei sunt, vere quaerere, sed quod pro pace, & quiet inter Catholicos in eo Regno tuenda sic convenire iudicemus, quòd etiam ijdem Religiosi societatis jesu verum esse, atque expedire censuerunt; Licitum tamen sit Rectoribus Collegiorum, seu seminariorum eiusdem societatis Alumnis in eorum recessu dare literas testimoniales, & commendatitias tibi, & pro tempore existenti Archipresbitero directas, juxta formam à Protectore praescribendam, ac etiam integrum sit dictis Religiosis in Anglia commorantibus eosdem Alumnos in eorum accessu fovere, dirigere, & adiware, simulatque verò contigerit aliquos ex modernis assistentibus deficere, similiter tibi mandamus, ut tres ex Presbiteris appellantibus in eorum locum successiuè, prout eos deficere contigerit, substituas, quorum opera in officij tui negociis utaris. Monemus etiam, ut Eleemosinas, quae quottannis ex largitione fidelium copiosè admodùm (ut accepimus) colliguntur, personis indigentibus, ac praesertim ijs, qui pro fide Catholica in carcere detinentur, largè & fideliter distribuas, utque appellationibus ad nos, & sedem Apostolicam interpositis in casibus, quibus de iure deferendum erit, deferas, quae quidem appellationes ad Protectorem nunc, & pro tempore existentem, devoluantur. Coeterum, ut omnis huius controversiae memoria penitus aboleatur, eadem auctoritate damnamus, & prohibemus omnes libros ubicumque impres sos, in quibus aliquid continetur contra institutum societatis jesu, seu contra privatas illius personas, & qui etiam in alterutram partem criminosi, seu quovis modo iniuriosi sunt, illosque ab omnibus damnari, prohiberi, & interdici mandamus. Ac insuper omnibus, & singulis sive Laicis, sive Clericis secularibus, aut cuiusuis ordinis, ac instituti regularibus, & nominatim ipsis Presbiteris appellantibus, & Religiosis societatis jesu, aliisque quibuscunque eiusdem Regni Angliae, sive in eodem Regno, sive extra illud existentibus, sub amissionis omnium facultatum à sede Apostolica, vel aliis superioribus quovismodo ip sis (ut praefertur) concessarum, nec non excommunicationis ipso facto, absque alia declaratione incurrendis paenis interdicimus, & prohibemus, ne libros ullos pro alterutra part in posterum edant, nisi prius obtenta Protectoris similiter nunc & pro tempore existentis approbatione & licentia. Quicunque verò aliquod genus librorum, literarum, & tractatuum, in quibus alicuius viri Catholici fama violari poterit inposterum, aut aliquando fuerit violata, aut ex quibus excitari possint veteres, vel novae contentiones, vel quaecunque alia scripta contumeliosa, ex quibus odium, dissidiumue inter partes quovis modo renovari posset, communicaverint; seu penes se retinuerint, vel ewlgaverint, aut aliquid de hac controversia publicè, vel privatim scripserint, defendendo, vel impugnando, unam, vel alteram partem, aut personas aliquas, vel demum qui cum Haereticis in praeiudicium Catholicorum quovis praetextu, vel causa participaverint, aut communicaverint, eos in supradictis omnibus, & singulis casibus eisdem amissionis facultatum suarum, nec non excommunicationis ipso facto (ut praefertur) incurrendis poenis volumus subiacere. Et licet nos exijs, quae ab utraque part audivimus longè plura scribere ad te poteramus, tamen cum te mentem nostram ex his quae diximus intelligere posse arbitremur, paucis contenti fuimus, ac solummodo te, ac omnes tam religiosos, quam Presbiteros seculares quoscunque etiam eos, qui ad nos appellarunt, hortamur in Domino, ut communi, privataeque inter vos paci, ac concordiae studeatis, ac idipsum invicem sentiatis, non alta sapientes, sed humilibus conlentientes. Nam si Euangelicam praedicationem in charitate Christi suscepistis, cur evangelicam pacem in eadem charitate non sectamini? Charitas omnia suffert, non iritatur, non aemulatur, charitas docet nos inimicos diligere, quanto magis amicos, & socios fideiac laborum? Itaque vos per viscera misericordiae Christi obsecramus, ut diligatis inuic●, nemini detis ullam offensionem, nulli malum pro malo reddatis, ut non vituperetur ministerium vestrum, sed benefaciatis omnibus, providentes bona non solum coram Deo, sed etiam Coram hominibus, & quod ex vobis est, cum omnibus pacem habentes, ut fructum quem laboribus vestris in summis periculis & tribulationibus quaeritis, & nos cum universa Ecclesia toto animo expectamus, tandem adiuuante Domino, qui est vera pax & Charitas, cum animi vestri exultatione referatis. Datum Romae apud sanctum Marcum sub annulo piscatoris die quinta Octobris MD CII. Pontificatus Nostri Anno Vndecimo.  
M. VESTRIUS BARBIANUS.   

To the Reverend Priests, and Catholic Laity of our Country.  
MAny can witness (dearly beloved in our Saviour) how willing I was to surcease, and did in deed break off, when I had composed the one half of the treatise ensuing, holding then, the proceeding therein a labour and charge needless, because four of our brethren were going to Rome for his Holiness decision, and end in the controversy. But in this suspense of mind, and intermission of the work, our Archpriest on the 26. of january last, promulgated the Pope's Breve of the 17. of August next before, after he had kept the same three months or longer in his hands, as it is said. In which Breve, both we were demanded what cause we had, why we did not obey the Cardinal Protectors letters erecting the subordination, & judgement therein given: That doubtless, we ought to have obeyed, and admitted the authority. Which demand and judgement, beside many other places in the Breve, were evident arguments unto us, that the same was granted upon wrong information, and 
a Ca si 15. de fill praesb. li. 6. & ca si motu proprio de praebend. li. 6.  consequently of no sufficient force to bind. For had his Holiness or the Cardinal Praefect of the Breves, been truly informed of the case, neither his Holiness, nor the Cardinal would without peradventure ever have made such a demand, or given like sentence against us. And as little would either of their sacred persons, have omitted to comprehend the jesuits under the censure of the Breve, or letted to reprove their fault, had they known that the jesuits were the prime authors, the only stiff maintainers, and revivers of the crime against us. Moreover, at the very time of the promulgation of the Breve, there came forth first the apology and then the Appendixe with licence of our Archpriest, as written by the united Priests in due subordination unto him: books that most sharply inveigh against us, for not receiving the authority at first, upon sight of the Constitutive letter. For which causes, and for that sundry persons of good place, have of late affirmed, that Fa. Lister could and would defend his position of our schism against any scholar in the world, and also because certain▪ favourites of the jesuits hold opinion, that the Breve doth not clear us from schism, but leaveth it doubtful and undecided; and finally, for that some of their most devoted, are so full spirited, as they stick not to report, that the cause why the Pope declared in the manner he hath done for us, was not for that our cause was just, but upon a prudent consideration of not giving discontentment to the king of France and our State: I say for these causes and some other like, & to give satisfaction to all parts, who upon any of the former grounds or colours have conceived amiss of it, I thought it my bounden duty (especially my brethren most earnestly importuning me) to resume and finish the poor labours which I had begun and laid aside.  
When the Cardinal Protectors letters were showed unto us for institution of the authority, we took ourselves unbound, before God and man, to subject ourselves thereunto, his Grace not sending with the Letter Constitutive any rescript of his Holiness, or other Canonical testimony for proof of such his jurisdiction in our country: and we rested the more confident, and secure in this opinion, both in respect it appeared most manifest unto us, that the authority was procured by false suggestion, and by a man much disliked of our Prince and state, and who sought to rule & command our Clergy: and also for that it was propounded unto us by M. Blackwell with apparent falsities, and with orders directly tending to tyranny, namely that we should not discuss the Protectors authority, nor the institution of our Superiors, nor make any secret meetings for advising one the other, when as the condition of our state embarreth us to meet publicly, nor write letters to any beyond the seas, without his privity. For these reasons, and for that the authority itself was most strange, never heard of in the Christian world, merely penal, without mixture of any benefit to ourselves, Church or country, of most absolute sovereignty, without tie in the proceed to any form of law, other than the arbitrary pleasure of the Archpriest: and the receiving of the said authority, (the same being a superior prelature) expressly, and under heavy penalties forbidden 
b Ext●●u. jaiuncl. c. Bulla 2. julij 2. & julij 3. constit. 34.  by the constitutions of holy Church, except the party preferred thereunto, do show the Letters of the Sea Apostolic (such as the Cardinals were not) for proof of his promotion.  
Notwithstanding all these exceptions and justifications of our bearing off to admit the subordination: we nevertheless offered to obey Master Blackwell in the mean, though not to receive him to our Superior, till such time as the Pope should make forth his Breve, or otherwise confirm him in his place, and likewise protested under our hands, that no sooner should any such Breve or confirmation appear, but that it should find us ready most absolutely to receive the authority. But this was not deemed sufficient, nor aught could satisfy, but our present submission. Which because we deferred to make, and did not yield to acknowledge him for our Superior upon testimony of the Cardinal's letter, father Lister divulged his condemned Treatise against us; his Superior father Garnet, and M. Blackwel approved the same. They taught, that our company was to be shunned: that our faculties 
In Fa. Lister's treatise, and in Fa. Garnets' letter of the 7. of March.  were lost: that ourselves were excommunicated: that none under mortal sin could invite us to say Mass: and those that did participate with us in Sacraments, made themselves also partakers of our wickedness. Which inflaming matter of dissension, and untolerable reviling against us, lasted some months: and when at last the Pope's Breve arrived, we were content notwithstanding the sharpness of the premises, to forgive all for peace sake, and received the Subordination in as large manner as it was proposed.  
Presently upon this atonement and remission of the former defamations, Father jones raised another paradox, far more strange and absurd then that of Father Lister's, and our Archpriest soothed it to be true, vidz. that whosoever did stiffly maintain, that we had not incurred the crime of schism by the prorogation of our refusal to receive M. Blackwell for our lawful Superior, he himself ipso facto for such his maintenance incurred the censures of holy Church. At this time also M Blackwell published a resolution, which (he said) he received from our mother city, declaring the refusers of the appointed authority were schismatics, and commanded that none should absolve us in confession, unless we did first acknowledge so much, 
In his Letter to Master Clerk.  and likewise menaced, that if we did persevere in the contrary opinion, he would deal with us as a Prelate for appeasing the same. Upon which order, and threat of our Archpriest, and as well for satisfaction of our ghostly children, as to make a final end of the controversy, we offered to dispute the question with the jesuits, the authors of the Calumniation: but being denied this just request by our Archpriest, we sent (compelled thereunto) to the University of Paris, with humble petition to that venerable company of the Sorbons, that they would vouchsafe to deliver their opinion & censure in the case. Who freeing us from schism and all sin in the nature of the act, our Archpriest made forth eftsoons a decree, prohibiting 
29. of May 1600.  under grievous penalties either directly or indirectly, the said censure of the famous University. And within short time after, his 
18. of October. 1000.  Reverence published another decree, wherein he by virtue of his authority judicially declared us to have been truly disobedient to the Sea Apostolic, and rebellious against his office, for not admitting the subordination at first, and forbade us under present loss of all our faculties, and of being ipso facto suspended and interdicted, neither to presume ourselves, nor any other for us, to defend our former disobedience any manner of way by word or writing. Yea his Reverence enacted further in the same decree, that we (as 
§. 5.  if we had been boys in some Colleges under the jesuits, and that it behoveth also, that some jealousy were cast abroad of our demeanour) should not have any secret meetings, or communication together, save such only as tended to the increase of piety and hospitality, or of humanity and peace. A law of that quality, notwithstanding the smooth pretext, as the christian world never heard the like to be made for Priests and Pastors, sent by the sea Apostolic for reducing others to the Catholic faith. By which, and some other of our Archpriest his decrees following in the discourse, the reader may judge, both what an unworthy and servile bondage he and the jesuits, (whose counsel, or direction) he exactly followeth in all things) have, and would more, of all likelihood have brought upon us ere this day, if we had not appealed and wrote to his Holiness, and also whether there remained any other refuge unto us then to appeal and try the accusations before that Tribunal, unto whose judgement both they and we must stand.  
Further, we have several times sued for peace at the hands of our adversaries, even upon uneven conditions: namely, before the first Breve, before and after our appellation, and before our brethren's preparation to Rome: but they of the other side evermore rejected all our offers, nor would accept of any conditions, wherein our utter discredit, and their victory (though in unrights) should not appear to the world. The holy Ghost writeth, and the words are true as well 
Eccle. 41.  touching the spiritual as carnal parent: the children complain of their wicked father, because they live in reproach for him. And S. Thomas 
c 22. q. 73. art 4. ad. 1. & quodl. 10. q. 6. art 13.  with all other school Divines teacheth, that a man is bound to defend his good name, when the wrongful depraving thereof turneth others to detriment. Likewise the same Doctor 
d 22. q. 72. art. 3. c.  writeth, that one may be bound to purge his good name, even in respect of doing good thereby to the defamer, viz. when through the checking and repressing of his boldness, the party is learned to be more wary and temperate. Which is also the command of holy writ, answer a fool according to his foolishness, lest he seem wise 
Proverb. 26.  to himself.  
We trust by the little which is said, that both the necessity, and justness of our defence appeareth: & so much the more, by how much the wrong testimony which our Archpriest lately gave on the ninth of May 1602. concerning the Pope's declaration in the matter of our imputative schism, rebellion, and disobedience, was injurious unto us, in that his Holiness cleared us of the three foresaid crimes, M. Blackwell in a public Letter under his hand and name, denieth the same, and maketh his Holiness and the two Cardinals, Burgesio and Arragone to speak much otherwise: yea his Reverence in an other Letter bearing the same date, & addressed to the Priests of our country, reneweth all his former decrees and prohibitions, continuing the censures & penalties before annexed unto them. Whereby, if the like oppressions, exceeding the bounds of his jurisdiction, and contrary to the law of God, nature, and man, (as is proved in the Discourse) did or could bind, alas what infinite turmoil and harrowing of consciences do follow, when so many Priests of the Realm were suspended, and deprived of their faculties, from the first time, 
In his decree of the 17. of januar. 1599  that they either divulged any book set out since the year of our Lord 1597, by which the fame of any clergy Catholic person of our nation may be hurt by name; (of which quality the Treatise against the factious, the apology, the Appendix with some other, must needs be accounted by the self Letter and tenor of Decree) or directly or indirectly maintained in word or 
In his decree of the 29. of May. 1600. In his decree of the 18. of October. 1600.  writing, the censure of the University of Paris: or presumed in like manner to defend their disobedience to the Sea Apostolic, and rebellion against the office of the Archpriest, who did not at first subject themselves to the Subordination, upon the arrival of the Cardinal protector's Letter Constitutive. Which several Decrees, each of them bereaving the offender ipso facto from all his faculties, have (if they be of force, as our Archpriest now again the 9 of May affirmeth they are) so entangled the Priests, as of likelihood few, or not many, retain their faculties, and consequently, their penitents bound (o the perplexity and horror) to iterate their confessions made since that time unto them.  
Father Parsons showed his nature, when plotting the authority, he made the taking away of faculties the branch of the Archpriests jurisdiction, and our Archpriest in my opinion, could not devise a more pregnant mean, how to disquiet the spiritual repose of thousands (a thing which Prelates should most of all shun, as being most oppositely contrary to the end of all Ecclesiastical laws) then to annex the loss of faculties to his Decrees in the manner he hath. Nor can I conceive the reason why his Reverence at this time revalidateth and enforceth the penalties of his Decrees, sith he hath often annexed unto them the censure of Interdict, a power which is not expressed in his authority, and which if he do take, as he saith he doth, à iure communi, in that he is constituted Archpriest, than were the six Assistants very unadvised, and whosoever gave allowance thereunto, in writing to his Holiness Nuncio in Flaunders, for his Grace to be a mean to Cardinal Fernesio our Protector that the Archpriest 
In their Letter of the 2. of May 1601. A charity well sorting with their most slanderous information.  might have authority from the Pope to excommunicate some four or six of the master ringleaders of the faction. Because if he have authority à iure communi by virtue of his 
e Navarre in ma. ca 27. nu. 159. & 168.  office, to suspend or interdict, he hath also authority to excommunicate. But these points are treated in the Discourse at large, where I hope the Reader shall find enough to acquit all scruples, that may this way arise. For taking leave, we hearty request the Reader, and our fellow brethren chief, to peruse our Reasons and proofs with indifferency, and as their understanding shall then direct, so to speak for us in places where they hear truth and our actions expugned.   

A Table of the principal points contained in this treatise.  

THE Constitutive Letter. Page. 1.  
The Cardinal's second Letter. Pag. 9   

The first Reason.  
Touching wrong information, and the invalidity thereof. Pag. 13.  
The necessity and several graces of the Sacrament of Confirmation. Page 16  
The truths concealed in the information. Pag. 16.  
The falsities expressed therein. Pag. 20.   

The second Reason.  
That the Cardinal did not express in the Constitutive Letter any commandment of his Holiness given unto him for instituting a subordination, and much less this in particular. Pag. 23.  
Thirteen propositions containing the grounds of the second reason, and giving light to the whole discourse. Ibidem.  
Probability arguing that his Holiness had no intent that this subordination should be erected. Pag. 32.  
How Father Parsons entreated Master Bishop and Master Charnock at Rome. Pag. 35.  
The reasons why the letter beginning with Olim dicebamur, was devised. Pag. 51.   

The third Reason.  
That we were not bound to believe the Cardinal in so prejudicial a matter upon the sole credence of his Letter. Pag. 57  
That the title of Protectorship did not authorize the Cardinal to institute the subordination, neither obliged us to receive the same upon his word. Pag. 66.  
The testimonies alleged for proof that the subordination was erected by his Holiness privity and command, are answered. Pag. 68  
The objection answered, why we, being ourselves credited on our words to be Priests, were not bound to believe the Cardinal's letter with his Grace's hand and seal, appointing the subordination Pag. 84.  
That our refusal to receive the subordination before the arrival of his Holiness Breve in confirmation thereof, was no disobedience against any one soever. Pag. 85. 86. 238. & 292.  
The objection of the fewness of our number refuted. Pag. 92.  
The objection of the two Cardinal's sentence touching Master Bishop and Master Charnock; and the adversaries illation thereupon answered. Pag. 96.  
The decree of the two Cardinals, Caietane, and Burgesio. Pag. 98.  
The Pope's Breve of the sixth of April. Pag. 106.  
The authority taken out of the Gloss against us, examined and answered. Pag. 114.  
The objection of intending an association, and the inference thereupon satisfied. Pag. 121.  
The assertion affirming his Holiness to be the institutor of the subordination, and the Cardinal a witnes-bearer thereof, refelled. Pag. 132.   

The fourth Reason.  
Showing Master Blackwell to be a Superior Prelate, and consequently we not bound to receive him to the dignity without producing the Pope's letters for testimony of his promotion. Pag. 138.  
That our Archpriests proceed either dispense with the law of God, or violate the same. Pag. 143.  
The Censure of Paris in our justification. Pag. 145.  
The decree of our Archpriest in prohibiting of the said Censure, and our exceptions thereunto. Pag. 147.  
Father Parson's exception against the said Censure of Paris considered and disproved. Pag. 151.  
Master Much his answer touching the allowance of the Archpriests authority, upon the first promulgation thereof. Pag. 163.  
My Letter to the Archpriest touching the same. Pag. 164.  
A part of Master Blackwels letter to Cardinal Caietane in praise of the jesuits. Pag. 172.  
The sixth Instruction appointeth the Archpriest to seek the judgement and counsel of the Superior of the jesuits in all things of moment. Pag. 175.  
The Archpriests proceed either dispense with, or violate the law of nature. Pag. 179.  
The proceed of our Archpriest either dispense with, or transgress the laws of holy Church. Pag. 181.  
My Letter to our Archpriest after he had suspended and interdicted diverse other Priests and myself. Page 183.  
The points of the Archpriests letters to M. jacson, and the authorities he alleged for practising and imposing the Censures of Suspension and Interdict, and for making Decrees, are examined and answered. Page 184  
The causes why our Archpriest suspended, interdicted, and redoubled the taking away of my faculties, are proved most unworthy. Page 190.  
The fourth and fifth Paragraffes of our Archpriests Decree of the 18. of October. Page 191.  
Our Appeal from the Archpriest to his Holiness. Page 192.  
My second Letter to our Archpriest, sent unto him together with the Appeal. Page 203.  
My Letter to a lay gentleman, in answer of his accusations. Page 205.  
A second principal point, wherein our Archpriest transgresseth his commission. Page 214.  
A third principal point, wherein our Archpriest infringeth the ordinances of holy Church. Page 215.  
A fourth instance of the same. Page 220.  
A fift essential point of the same. Page 221.  
A sixth particular showing the same. Page 222.  
The Archpriests letter for taking away of M. Mushes' faculties and mine. Page 225.  
My third Letter to our Archpriest. Page 226.  
The disproof and refutation of the causes alleged by our Archpriest, for taking away of our faculties. Page 229.  
A fourth Letter of mine to the Archpriest. Page 236.   

The fift Reason.  
Showing, that we were not bound to receive the authority upon commandment from the Cardinal, in respect of the indignation that our Prince and State bear to father Parsons, whom they knew to be the procurer and plotter thereof. Page 239.  
My Letter to father Garnet, for entreating notice of that he could say against me. Page 243.  
My Letter to another Gentleman, concerning the same. Page 244.  
Father Garnets' answer. Page 245.  
My rejoinder to him. Page 248.  
Conditions of peace offered before the coming of the first Breve. Page 270.  
Our Supplication for a dispute. Page 273.  
Conditions of peace offered before our brethren's going to Rome for prosecution of the Appeal. Page 284.  
The kind of submission that our Archpriest exacteth at our hands. Page 286.  
The Pope's declaration in the controversy. Page 291.  
That our deferring to receive the subordination was no active scandal, and that the jesuits their stirs were really and actually scandalous. Page 293.  
The imputation of ambition cleared. Page 294.  
The exception of leaving the Carthusians answered. Page 299.    

The Constitutive Letter.  
Henricus Tituli S tae Potentianae Card. Caietanus, S. R. E. Camerarius, Anglicanae nationis Protector,, Georgio Blackwello Sacerdoti Anglo S. Theologiae baccalaureo formato, in vinea Anglicana laboranti salutem.  
SCitum est, atquè usu fere quotidiano compertum, divina providentia ad bonorum examen, atquè exercitationem sic disponente, ubi maiora eduntur ad Dei gloriam opera, ibi acriores etiam existere ad haec ipsa impugnanda, vel retardanda satanae, atque communis hostis conatus. Neque ullum sane vidimus his annis illustrius, quam in causa Anglicana exemplum, quae, ut insignem accepit à Domino, pietatis, fortitudinis, patientiae, atque constantiae gratiam, clarissimamque tùm confessorum, tùm etiam martyrum gloriam: sic acerrmā quoquè ab haereticis impugnationem pass● esse noscitur, ita ut locum in ea habeat illud, quod de anima electa Spiritus sanctus pronunciat, Certamen fortè dedit ei Deus, ut vinceret. Et de vase electionis Christus Dominus. Ostendam illi quantum oporteat cum pati pro nomine meo. Imo Catholicos ipsos ac Sacerdotes nonnullos S●minariorum, qui caeterorum duces, atquè antesignani ad omnem excelsae virtutis laudem hactenus extiterunt, aggredi sathanas non dubitavit, ut inter se ●ollideret, & unionis murum, quo omnis nititur Christianae pietatis spes, dissiparet. Cui hostis con●tui Romae quoquè nuper emergenti, cum Smi D. N. summa prudentia, ac paternus amor remedium salutare per Dei gratiam diebus praeteritis adhibuerit, cupiatque ad huius Collegij Romani exemplum, quod summa pace, ac tranquillitate fruitur, reliquis quoque in partibus eandem curari, & conseruari animorum concordiam, sine qua nihil bo●i exitus sperari potest, speciali mandato nobis iniunxit, ut h●●c rei procurandae omni nos qua possumus vigilantia impendamus, quod perlibenter quidem facimus, eo quod hoc cardine potissimum totius causae momen▪ tum versari non ignoremus.  
Cum igitur non parum interesse ad hoc ipsum nonnulli censeant, si subordinatio aliqua inter Sacerdotes Anglicanos constituatur, & rationes ab ipsis Sacerdotibus pro ea re redditae à S mo D. N. probatè fuerint, nos S tis suae pijssimam providentissimamque voluntatem sequentes, hoc ipsum statuere decrevimus. Atque pro ijs quidem Sacerdotibus Anglicanae nationis dirigendis ac gubernandis, qui in Angliae, Scotiaeve regnis in praesentia versantur, vel in posterum, eo venturi sunt, dum haec nostra ordinatio duraverit, te deligimus, cui vices nostras pro tempore delegemus, inducti relatione, ac fama publica virtutis, ●ruditionis, prudentiae, ac laborum tuorum in ista vinea Anglicana per multos annos excolenda. Facultates autem, quas ad hoc ipsum tibi concedimus, hae sunt: Primum ut caeteris omnibus Seminariorum Sacerdotibus saecularibus (ut iam dictum est) authoritate Archipresbyteri praesis, quoad S m●s, aut nos eius mandato aliud statuerimus. Deinde ut eosdem Sacerdotes dirigere, admonere, reprehendere, vel etiam castigare possis, cum erit opus, hocque vel facultatum sibi à quocunque, seu quandocunque concessarum restrictione, aut etiam reuocatione, si id necessitas postulauerit. De ijsdem praeterea Sacerdotibus disponere, & de una residentia in aliam (cum maior Dei gloria animarumque lu●rum illud exigat) movere, ac commutare: dubia quoque & controversias exorientes audire, & pro rerum aequitate ex aequo bonóque determinare: schismata, divisiones, ac contentiones amovere, vel etiam comp●scere: earumque rerum causa quemcumque Sacerdotem ad te vocare, ac convenire: plures etiam unum in locum convocare, cum necesse fuerit, & cum sine probabili periculo fieri posse in Domino videbitur: congregatis vero praeesse, eisque proponere, vel quae istis obseruatu necessaria iudicaveris, auditis assistentibus, de quibus mox dicemus, vel quae huc, aut ad Doctorem Barrettum Collegij Duaceni praesidem (cui his etiam in rebus specialis à nobis S m● jussu tributa est potestas ut vobis assistat) scribenda duxeris. Quod si quis his in rebus (quod futurum sane de virtute omnium confisi non timemus) inobedientem se, aut inquietum, aut contumacem) ostenderit, hunc, post debitas admonitiones ac reprehensiones fraterna charitate praemissas, liceat etiam poenis coercere Ecclesiasticis, ablation nimirum facultatum, vel suspensione, quoad se em●ndauerit: vel si hinc etiam emendatio non sequatur, tunc vel ad D. Barrettum vel ad nos scribatur, ut vel inde evocetur, qui eiusmodi est, vel gravioribus etiam censuris istic humilietur.  vero facilius, suaviusque hanc sollicitudinis partem tibi commendatam exequi possis, sex quoque consultores, seu coadiutores assignamus, qui oneris participatione nonnihil te labore levare possint. joannem nimirum Bavandum, & Henricum Henshaum Theologiae Doctores, Nicholaum Tiruettum, Henricum Shawm, Georgium Birkettum & jacobum Standisium qui nuper apud nos Romae fuit, quos ex antiquioribus esse optimeque meritis multorum rel●tione accepimus. Tibi vero facimus potestatem, alios quoque sex praeter hos istic eligendi, ijsdem habitis antiquitatis, gravitatis ac laborum rationibus, prae●puè tamen prudentiae, moderationis, atque studij unionis, atque concor 〈…〉, non parum etiam authoritatis atque existimationis, quam in provincijs habent, in quibus vices tuas nostrasque gerunt. Omnes vero 12. tam à te quam à nobis nominatos tibi subordinatos esse oportebit, ut melius conscruetur unionis ratio, ad quam omnia diriguntur tuendam. Cum vero eos delegeris ad hoc munus quos maxime idoneos in Domino iudicaveris, admonendos nos curabis de eorum nominibus, ac qualitatibus. Ipsi etiam quoad fieri sine periculo possit, suis literis saltem hoc initio significent, quo a●●mo sint ad hoc praestandum, quod ab ijs pro conseruanda unione postulatur. Deinceps vero tum ijs, tum tibi iniungimus, ut sexto quoquo mense si fieri possit communibus vel privatis literis ad nos datis de statu rerum apud vos scribatis, ut ex ijs S mo D. N. referamus quae scituerunt digna, vel quae causae vestrae interesse iudicabuntur, ut à sua S te cognoscantur. Si quis vero ex his duodecim, quos tibi in consilium rei melius paragendae assignavimus absens fuerit, aut captus, carcereque detentus, aut extra Angliam egressus, aut infirmitate, morbo, aliove justo impedimento retardatus, quo minus officium suum implere possit, aut rectè in eo non se gesserit, facultatem tibi facimus, alium eius loco substituendi, ita ut nos deinde ea de re literis tuis admoneas. Si vero Archipresbyter ipse moriatur, vel ex Anglia egrediatur, vel in hostium manus incidat, sic ut officio suo commodè fungi nequeat, tum antiquissimus ex consultoribus qui Londini per id tempus, vel proximo Londino resederit, vices Archipresbyteri sustineat quoad nos admoniti alium assignemus.  
Illud denique vel imprimis scire debetis, quod iam supra attigimus, praecipuam S mo D. N. meamque his in rebus intentionem eo ferri, ut disciplina Ecclesiastica quantum per temporum, hominumque rationes istic fieri possit, conseruetur: & prae caeteris pax unioque animorum atque concordia inter fratres, ac Sacerdotes, nominatim etiam cum patribus societatis ●esu, qui una nobiscum laborarunt in eadem vinea, quod sua S te dignata est quibusdam Sacerdotibus hinc in Angliam discedentibus, nuper ore proprio me present seriò, ac instanter praecipere, neque hoc sinè iustissima causa. Nam patres illi non solum hic, atque alibi strenuè impigreque laborant pro causa Anglicana sustinenda, fundandis Seminarijs, iwentute instruenda, egenis fovendis, alijsque medijs plurimis, verum etiam in Anglia quoque eadem charitatis opera prosequuntur, hocque usque ad sanguinis profusionem, ut eventis, factisque demonstratum est. Cumque nullam ipsi habeant nec habere pretendant in Sacerdotes saeculares jurisdictionis, aut potestatis partem, neque ullam illis molestiam exhibere, manifesta sanè hostis astutia, ●c diaboli fraus censenda videtur, ad universum opus Anglicanum ●●ertendum comparata, ut quisquam Catholicus aemulationem in eos exerceat, vel excitet, cum contra potius omni amore, ac reverentia prosequendi sunt, quo ipsi maiore alacritate Sacerdotes, ac reliquos (ut hactenus) officijs, beneficijs, ac paterna plane charitate complectantur, & sic coniunctis animis operisque, opus hoc sanctissimum promou●atur. unde si quis fuerit, qui hanc concordiam labefactare studeat, eum juxta Apostoli praeceptum, & Apostolicae sedis intentionem notare debebitis, ut vel admonitione corrigatur, vel paena coerceatur. Reliqua si qua erunt ea vel in instructiones his annexas conijcientur, vel postea perscribentur, cum ex literis vestris intellexerimus quibus amplius rebus istic indigeatis.  
 finem igitur imponam nescio quibus vos alloquar potius verbis quam illis, quibus toties Apostolus suos alloquebatur simili in causa, & non dissimili fortasse occasione, neque tempore. Idem sapite, pacem habetote. Et adhuc longè instantius. Si qua consolatio in Christo, si quod solatium charitatis, si qua societas spiritus, si qua viscera miserationis, implete gaudium meum, idem sapiatis, candem charitatem habentes, vnanimes, idipsum sapientes, nihil per contentionem, nec per manem gloriam, sed in humilitate superiores sibi invicem arbitrantes, ut non quae sua sunt singuli considerantes, sed ea quae aliorum. Hanc Apostoli regulam, atque exhortationem si sequamini, omnia vobis tuta erunt, atque gloriosa sicut hactenus. Si ab hac unionis constantia vos deijci hostis insidijs patiamini, magnos scopulos incursura est causa vestra, patriaeque vestrae, quod Deus avertat, vosque semper tueatur, vestrisque orationibus me ex animo commendo patris fratresque amantissimi ac R ●● Christi confessores.  
Romae. R. ae V. ae Vti Amantissimus frater Henricus Card. Caietanus Protector.   

The English.  
Henry of the title of S. Potentiana Cardinal Caietane, Chamberlain of the holy Roman Church, Protector of the English Nation: to George Blackwell English Priest, formal Bachelor of Divinity, labouring in the English vineyard, wisheth health.  
IT is known, and almost by daily experience found true, the divine providence so ordaining for the trial and exercise of the good, that where greater exploits are done to the glory of God, there also are the more vehement attempts of Satan and the common enemy, to withstand or hinder the same. Neither certes for these latter years space, have we seen a more famous example, then in the English cause, which as it hath received of our Lord very singular grace of piety, fortitude, patience and constancy, and most renowned glory both of Confessors and of Martyrs also: so in like manner is it known to have endured most sharp assaults from heretics, in such sort, as that hath place in it, which the holy Ghost uttered of the elected soul, God hath given her a strong conflict that she might overcome. And Christ our Lord of the vessel of election, I will show him how much he must suffer for my name. Yea Satan hath not 
God pardon the informer.  feared to assail Catholics themselves, and some Seminary Priests, who hitherto have showed themselves leaders, and chieftains of the rest, to all praise of noble virtue, that he might make them to bicker one with another, and break down the wall of union, whereon all the hope of Christian piety resteth. Against which attempt of the enemy 
Great peace when two cannot speak together without a third, nor the students of one chamber recreate with their f●llowes of another chamber.  beginning also of late to manifest itself at Rome, whereas the high wisdom and fatherly love of his Holiness, hath through the grace of God applied these days past wholesome remedy, and desireth that after the example of this Roman College (which enjoyeth great peace and quietness) the same concord of minds, without which nothing of good success can be expected, should be sought for and conserved in other parts also, hath by special comma 〈…〉ent given charge unto us, that we should employ ourselves for the procuring of this thing with all the diligence we can, which very willingly we take upon us to do, because we are not ignorant that hereupon the moment of the whole cause dependeth.  
Forasmuch therefore as some men think it would not a little avail to this very thing, if a subordination were constituted among the English Priests, and the reasons yielded by the Priests themselves for 
We know not to this day who were th●se Priests, or what were the reasons they yielded.  the same matter were approved by our holy Father: we following the most godly and most prudent will of his Holiness, have decreed to ordain the same, and for directing and governing these Priests of the English Nation that now converse in the kingdoms of England or Scotland, or shall hereafter reside there, while this our ordination shall continue, we choose you, to whom for the time we commit our steed and office, induced upon relation and the public fame of your virtue, learning, wisdom, and labours taken for many years in the trimming of this vineyard. And the faculties which to this purpose we grant unto you, are these.  
First that you have the title and authority of an Archpriest over all the seminary secular Priests as is now said, until his Holiness or we by is commandment, shall institute another kind of government: then, that you may direct, admonish, reprehend or also chastise those Priests when need shall require: and this either by restraining of faculties granted unto them, by whom, or whensoever; or by revoking their faculties if necessity shall constrain it. Besides, to dispose of the same Priests, and to remove and change them from one residence to another, when Gods greater glory and gain of souls doth require the same. Also to hear their doubts and controversies arising, and for the right of things to determine them according to reason and equity. Likewise to remove or repress schisms, divisions, and contentions: and for these causes to call and convent any Priest before you, yea to summon many to repair together in one place, when it shall be necessary, and shall seem in our Lord that it may be done without probable danger, and to be chief over the assembled, and to propose unto them either the things you shall judge necessary to be observed by them, the assistants being heard, of which we will speak anon, or the things you shall think needful to be written hither, or to doctor Barret Precedent of the College of Douai, to whom by commandment of his Holiness, we have given special authority to assist you. And if any one in these matters shall show himself (which truly putting trust in the virtue of all, we do not fear that it will fall out) disobedient, unquiet, or stubborn, it is lawful, after due admonitions & reprehensions first used in brotherly charity, to correct this party by Ecclesiastical penalties: that is to say, either by taking away of faculties, or suspension, until he shall amend himself; or if by this mean amendment follow not, then let notice be sent either to Doctor Barret or to us, that he who is of such obstinacy either be called from thence, or there humbled with more grievous censures.  
And to the end you may the easier and with the more contentation execute this charge of care commended unto you, we assign likewise six consultors or coadjutors, who by participation of the burden, may somewhat lessen you labour, namely john Baven and Henry Henshaw, Doctors of Divinity, Nicholas Tirwit, Henry Shaw, George Birket, and james Standish, who was lately with us in Rome, which by the relation of many we understand to be of the more ancient and best deserts. We also give you authority to choose six other beside these, the same respects being had of ancientness, gravity, 
A good direction, howsoever followed.  and their travails, but chief of their prudence, moderation, and their love of union and concord, not a little also of their authority and estimation, which they have in the provinces where they supply your steed and ours. All which twelve nominated as well by you as by us, shall be subordinate unto you, that the means of union may the better be conserved, to the maintenance and preservation whereof all things are directed. And when you have chosen those, whom you shall deem in our Lord to be most fit for the office, you shall advertise us of their names and qualities, and let themselves also so far as it may be done without danger, signify by their letters how they stand affected to perform this which for the conservation of unity is earnestly desired of them. Afterward we enjoin both them and you, to write every sixth month if it may be, common or private letters unto us, of the state of matters with you, that of these we may relate to his Holiness such as are meet to be known, or the things that shall be deemed profitable to your cause, to the end they may be known to his Holiness.  
And if any of these twelve which we have appointed to give counsel unto you, for better managing of the affair, shall be absent, or dead, or taken, or imprisoned, or departed out of England, or letted by infirmity, sickness, or any other just impediment, whereby he cannot fulfil his office, or shall not well demain himself therein: we give you power to substitute another in his place, so that afterward you advertise us thereof by your Letters. But if the Archpriest him elf die, or leave England, or shall fall into the hands of his enemies, so that he cannot conveniently exercise his function: then let the ancientest of the consultors who at that time shall reside in London or nearest to London, execute the office of the Archpriest, until we understanding thereof, assign another.  
Finally, you ought chief to know that which before we have touched; his Holiness principal intention and mine in these affairs to tend to this end, that Ecclesiastical discipline so much as due consideration of times and persons will there suffer be maintained, and above the rest peace and union of minds and concord between brethren and Priests, particularly also with the Fathers of the society of jesus, that have laboured together with you in one vineyard.  
The which thing his Holiness vouchsafed of late with his own mouth in my presence earnestly and instantly to give in commandment to certain Priests departing from hence into England, neither without just cause. For these Fathers not only here and otherwhere, do with courage and diligently travel for supporting the English cause, by erecting Seminaries, by instructing youth, by cherishing the needy, and by very many other means, but also in England too, they prosecute the same deeds of charity, and this even to the shedding of blood, as the event and deeds have demonstrated. And whereas they 
Would this were true.  have no kind of jurisdiction or authority, nor pretend to have, over the secular Priests, neither any way to disquiet them; certes it seemeth to be a manifest subtlety of the enemy and deceit of the devil, complotted for the overthrow of the whole English cause, that any Catholic should practise or stir up emulation against them, when contrariwise all affection and reverence is rather to be showed towards them, whereby they may with the greater alacrity embrace the residue of the Priests (as hitherto) with good offices, benefits, and altogether with fatherly charity, and so with united minds and labours, this most holy work be set forward.  
Wherefore if there shall be any who goeth about to weaken this concord, your duty shall be to note him according to the precept of the Apostle and intention of the Sea Apostolic, that either he may be reform by admonition, or by discipline corrected. The residue if there shall be any remaining, shall either be specified in the instructions adjoining to these, or written hereafter when we shall understand by your letters what further things you there want.  
Wherefore to conclude, I do not know with what words better to speak unto you, then with those which the Apostle so often used to his in the like cause, and perchance not in unlike occasion nor time. Be of one mind, have peace. And yet more instantly. If there be any consolation in Christ, if any solace of charity, if any society of spirit, if any bowels of commiseration fulfil my joy, that you be of one meaning, having the same charity, of one mind, agreeing in one; nothing by contention, neither by vainglory, but in humility, each counting other better than themselves. That every one not considering the things that are their own, but those that be other men's.  
If you follow this rule and exhortation of the Apostle, all things shall be safe unto you, and glorious as hitherto. If ye suffer yourselves to be thrown down by the wiles of the enemy from this stability of concord; yours and your own country's cause will dash upon great rocks, which God avert, and evermore defend you: and I very heartily commend me to your prayers most loving fathers and brethren, and Christ his most reverend Confessors.  
Rome. Your Reverences, As a most loving brother, Henry Cardinal Caietane Protector.   

The Cardinal's second Letter.  
Henricus Cardinalis Caietanus S tae Rom. Ecclesiae Camerarius, Angliae Protector, etc. admodum R do ac dilecto in Christo Georgio Blackwello Angliae Archipresbytero salutem in autore salutis.  
ADmodum R de ac in Christo dilect uti frater. Vehementêr sane delectati sumus ijs literis, quas satis frequentes ad me his diebus tum charitas tua, tum consultores etiam tui Presbyteri assistentes, alijque viri graves non pauci dederunt de justa laetitiae, communique approbatione subordinationis illius quam S mus Dominus iustissimis, pijssimisque de causis per nos in Clero isto Anglicano instituendam curavit; hoc enim & à virtutis vestrae singulari opinione, & vitae quoque professione excellentis expectandum omnino erat, ut qui ad restituendam Christi Vicario, sedique Apostolicae obedientiam debitam tot pericula, ac labores obitis, ipsi obedire eiusdem S ta sedis ordinationibus non recusetis, sed alacri potius animo (quod fecistis) summi pastoris vestri statuta ad utilitatem, pacem, & corroborationem vestram edita, obuijs (ut aiunt) ulnis amplecteremini. Itaque ex hac vestra, bonorumque omnium presbyterorum adeo prompta hilarique obedientia quam literis contestati sunt, cum S mus Dominus, tum ipse etiam pro officij mei ratione, ac eo praeterea quem in vos sentio singularem amorem, gaudium profecto atque aedificationem non mediocrem accepimus, quam optassem quidem perpetuam, vel certè diuturnam. Sed posterioribus quidem nuncijs turbari aliquantulum cepit, cum esset perlatum quosdam (uti fieri solet) refragari cepisse ac contentiones ciere, conventiculae quoque agitare, ut superiorum mandata in questionem vocentur. Tandem denique ad S tem suam per ministros in partibus borealibus (uti videtur) existentes, significatum est duos ex Anglia presbyteros à tumultuantibus his emissos iam esse qui huic subordinationi Ecclesiae Anglicanae S tu suae jussu institutae contradicant. De qua re factus certior S mus permolesto animo (prout aequum est) accepit, voluitque plenius de perturbatoribus informari. Cumque charitas tua nihil adhuc certi hac de re, neque de hominum istorum moribus vel actionibus ad nos scripserit (quod tuae sanè modestiae ac pietati tribuitur ne facilè ad fratrum descendas accusationem) nunc tamen S mo id postulante, ut informatio debita de omnibus habeatur, faciendum tibi erit omnino, ut rerum veritas per te patefiat acceptis & ad nos transmissis (quo ad commodè ac sine periculo fieri poterit) bonorum tecum conspirantium sententijs, ac reluctantium etiam separatim, not at is nominibus, causisque percensitis quas reluctationi suae praetendunt. Quod ut facilius citiusque ex nostrae ordinationis authoritatè persicias, hoc tibi caeterisque presbyteris iniungimus, ut statim ac diligenter fiat. Variaque harum literarum authographa ad te mittenda iussimus, quo facilius multis ad rei peragendae brevitatem ostendi possint, Dominum praecantes ut magna bonorum snorum abundantia vos compleat, & pace veraeque charitate, quae perfectionis omnis vinculum est, dignos efficiat. Neque defatigemini animis, ut Apostolus hortatur, si difficultates ac contradictiones nonnullas in hoc vestro regimine experiamini, id enim vel optimis semper Ecclesiarum rectoribus ab initio contigit, & idem Apostolus ipsius Christi Domini exemplum vobis proponit, Qui talem (inquit) sustinuit à peccatoribus adversum semetipsum contradictionem. Sed omnia tandem ipse Dominus pacabit, fluctusque, exurgentes compescet, vosque de laboribus vestris ac patientiae cumulatè remunerabitur. Ipse vos custodiat semper.  
Romae die decimo Novembris. Anno 1598. Vti frater Henricus Cardinalis Caictanus Protector.   

The English.  
Henry Cardinal Caietane Chamberlain of the Church of Rome, Protector of England, etc. to the very reverend and beloved in Christ, George Blackwell Archpriest of England, greeting in the author of health.  
Very reverend and beloved in Christ as our brother: undoubtedly we took singular great contentment in the frequent letters, which both your charity, your consultors the assisting Priests, and many other grave men sent unto me of late, concerning the just gladness and common approbation of the subordination which his Holiness upon just and godly causes appointed to be instituted by us in this English Clergy. This truly was always to be expected, as well from the singular opinion of your virtue, as also from the profession of your excellent life; that ye, who under-go so much danger, and take so great pains in againe-restoring due obedience to the Vicar of Christ and Sea Apostolic, yourselves refuse not to obey the ordinances of the same holy Sea; but rather with cheerful mind (as you have done) you would embrace with open arms (as the Proverb is) the appointments of your highest Pastor, decreed for your profit, peace, and to make you strong. And so upon this yours and all good Priests, their alike ready and joyful obedience, and which they testified by letters; both his Holiness and myself, as the duty of my office required, and for the love beside which I feel to be singular towards you, took certes no mean joy and edification, which I could have wished to have been perpetual or of long continuance. But upon later intelligence it began to be somewhat disturbed, when news came that some (as it is wont to happen) enterprised to repugn and to raise up contentions, also to make conventicles to the end to call the commandments of superiors into question. Finally in process it was signified to his Holiness by Ministers abiding as it seemeth in the North parts, that two Priests were sent out of England by the tumultuous, which contradict this subordination of the Church of England instituted by commandment of his Holiness. Of which thing his Holiness being advertised, he took it (as it was meet) very grievously, and would be more fully informed of the perturbers. And sith your charity hath not as yet written any certainty unto us of this matter, nor of the manners & actions of those men (which doubtless is attributed to your modesty and piety, as one who is not easily moved to accuse his brethren) yet now his Holiness commanding the same, that due information be given of all, you must needs labour that the truth of things be laid open by you in taking and trasporting unto us (so far forth as conveniently and without danger it may be done) the judgement of those good men that accord with you, and in noting the names of the contenders apart, and in signifying the causes which they pretend of their reluctation. The which thing that you may by the authority of our ordination perform with the more ease and speed, this we enjoin you and the rest of the Priests, that it be forthwith and diligently accomplished. And we have commanded that many copics of these letters be sent unto you, to the end they may be showed to many for quicker dispatch of the affair: beseeching our Lord to fill you with the great abundance of his blessings, and make you worthy of peace and true charity, which is the bond of all perfection. Neither be you weary, fainting in your mind, as the Apostle exhorteth, if you meet with some difficulties and contradictions in this your Regiment, for that hath always chanced even from the beginning to the best governors of the Church: and the same Apostle proposeth unto you the example of Christ himself our Lord, Which (saith he) sustained of sinners such contradiction against himself. But our Lord will appease all things at last, and allay the swelling 
God grant it.  surges, and reward you abundantly for your travels and patience, who always keep you.  
Rome 10. of November, 1598. As your brother Henry Caerdinall Caietane Protector.   

The Reasons whereupon we delayed to admit the Archpriestes' authority, until the arrival of his Holiness Breve.  

The first Reason.  
FIrst it appeared manifest unto us, even by the very express words of the Cardinal's Letter, by which his Grace instituted the subordination, that the same was procured by wrong information, and consequently void, and of no force to bind us to the acceptance thereof. We say void and of no force, because several Canons do so forcibly undo & annullate whatsoever is procured by wrong information as they make surreption, (that is, as are the words of the law) 
a Ca super literis de rescrip.  when a truth is suppressed, or a falsehood suggested. So clear and infallible a cause of frustrating all grants as this manner of speech is often used in them: 
b Ca si is de silijs presb. lib. 6.  Nullius penitus esse momenti veluti per surreptionem obtentum, & 
c Ca simot● proprio de praebend. lib. 6.  veluti surreptitium nolumus vires obtinere, to be utterly of no moment as obtained by surreption; and like as matter surreptious or gotten by wrong information, we will not that it should retain any force. As though the supreme Pastors would have said wrong information is of that certain undoing and destroying qualititie, as in obtaining of what grace soever it be found to have place, it presently marreth and maketh the grant of no effect. And that this is so indeed, and no wresting of the words of the law, let the best Commentors bear witness for us. The Gloss, which next after the text of the law, is of greatest authority, hath these words: 
d Clemen. de praebend. Ca 1.  Literae gratiae vitiautur, & sunt ipso iure nullae si fierint obtentae per surreptionem: Letters of grace (of which kind must needs be his Holiness grant for the subordination) are void and of no force by the law itself, if they be odtained by surreption. To which Panormitane the Prince of the Canonists assenteth: 
e Part. 2. consil. consil. 38. nu. 1.  Surreptio in literis gratiosis vitiat gratiam ipso facto, & quicquid vigore talium literarum secutum est: Surreption annuleth ipso facto, the letters of grace, and whatsoever followed by force of such letters. And Decius with infinite other writeth the like: 
f ●● Ca post remo de Appel. nu. 39  Impetratio surreptitia non tenet, licet esset sanctus illequi impetravit. A petition obtained (of the Sea Apostolic or other prelate) by surreption is of no force, a●beit he were a Saint that obtained the grant.  
Neither are the aforesaid Canons antequated but still in force, that in what grant or letters of grace soever the realness of surreption is found, the same looseth his validity as Sa a divine, and Rebuffus a Canonist (both writers of this age) do testify, 
g Sa. verb. gr●  Gratiam Papae surreptio facit nullam: Surreption maketh the grace which the Pope giveth of no force, 
h Rebuff. in praxi tit. quae opponi possunt contra Bullam.  Surreptio & obreptio possunt opponi contra Bullam, & si oppositio ista vera sit, non potest evitari. Surreption and obreption may be opposed against the Pope's Bull: and if this opposition be true, there is no shift at all nor means of avoiding, but the Bull of necessity looseth his force. And if surreption and obreption may be excepted against the Pope's Bull, and do vitiate the same: no doubt they work the like effect, and may be excepted against a verbal grant of his Holiness, or a Cardinal Protectors Letter. It hath been showed before that surreption is, when a troth is concealed, or an untruth suggested: and obreption, as 
i In Ca cum dilecta de rescrip. nu. 5.  Pope Innocentius defineth is, quando per alicuius operam factum est quod impetratae literae effugiunt plenam intelligentiam Papae vel alterius qui necessitate juris vocandus est: when by any one's labour (that is by cunning & crafty circumvention as 
k In Ca cum dilecta de rescript. nu 7.  Panormitane interpreteth the word) it is compassed that the letters obtained passed not with the Pope's full knowledge, or wi●h like privity of another, who was by order of law to be made acquainted therewith.  
Or let the case be, that there were no direct authority to be brought for the proof of this assertion, as the choice is manifold even out of the text of the law 
l Ca super literis & C●. constitutus & Ca adau. lientiam. 2. de rescript. & Ca dudum. 2 de electione & C●. 1. & 2. de fill. presb. lib. 6. & Clemen. Ca 1. de pres.  Canon, and 
m In lib. 1. ff. de nata. rest. & in lib. praescriptione, & l. si leg. C. si contra ius, vel uti pub.  Civil: yet it seemeth that the verity thereof might not amiss be proved in this sort. Grants extend not their force beyond the intention and meaning of the granter, his intention and meaning being the self form, and the only true rule and limits of what he granteth. If therefore his Holiness had no further intention to grant or command the institution of the new authority, but as the information was true (as of likelihood he had not) and if not, than it followeth the causes and information being untrue, that the grant was of no effect in regard it had not his Holiness intention, will, or meaning, to give it life, vigour or validity. And this we take to be one of the principal grounds, why the received Gloss useth these words: 
n In Ca sua nobis de ossi. vicar.  Literae per surreptionem obtentae non conferunt jurisdictionem. As if one should say, what is obtained by means of wrong information, lacketh the Pope's consent, because he granteth it not, but upon credence that the information was true, which being not true, he had no intention to grant it: and having no intention to grant it, it followeth that no jurisdiction was conferred, because the axiom hath 
o Ca fin. de prebend.  Actus agentium non operantur ultra intentionem & mentem eorum: Acts do not work beyond the intention and meaning of the agents.  
And if our adversaries will needs here contend, that the Popes Grant, and the Cardinal's Letter for the new subordination was matter of justice, and not of grace and favour only, (as how they can say it, we do not know) and therefore the authorities afore going make nothing for us, or against them. We answer, that admit the subordination be matter of mere justice, nevertheless the reason immediately precedent doth hold, and the stronger: because in rescripts and grants of justice, this condition Si praeces veritate nitantur if the causes alleged in the petition be true, is always to be understood, even by the express direction and command of the 
p Ca ex part 1. de rescript.  law itself. And we add further, that the subordination being procured by surreption, our bearing off to admit the same, could neither be unlawful, or justly offensive to any one. For although letters or grants of justice, are not void ipso facto in that they were procured by surreption, yet may the parties prejudiced by the grant, most lawfully forbear to obey the tenor, alleging and proving the surreption as the words of the gloss do most manifestly imply. 
q In Clem. de praebend. ca 1.  Literae justitiae obtentae per surreptionem non sunt ipso iure nullae, ut literae gratiae, sed veniunt annullandae per exceptionem: Letters of justice gotten by surreption, are not void ipso facto, as are letters of grace, but they are to be annullated by excepting against the surreption. Which difference all the 
r Rebuff. in prax. tit. differentiae inter rescripta gratiae & justitiae. Master Blackwell himself is witness hereof, who took exception against the exception.  Canonists put between letters of grace & justice. So that we excepting against the surreption▪ as we did at the first showing of the Cardinal's Protectors Letter, alleging that the means were not true, by which Fa. Parsons had procured so fruitless and strange subordination, what fault possibly could be in us, doing no more or otherwise herein, then what all laws and practice through out the Christian world▪ do licence, allow and approve.  
Now the reasons why we did fully persuade ourselves, that the causes alleged and set down in the Constitutive Letter were not true: and consequently that the authority did not bind us, as obtained by untrue suggestion, were aswell several truths concealed, as falsities related, and to name some of either sort.  
One of the truths concealed, was our design at that time and readiest purpose to make suit by Supplication to his Holiness for creating of Bishops in our Church. To which we were not only carried by a longing desire we had to reduce (as much as in us lay) the broken state of our Church to an uniformity of Ecclesiastical Hierachie, and customary regiment with all Christendom, but also by a most sensible feeling of those manifest damages we daily sustain, and which day by day more increase upon us, for lack of such spiritual comforts as accompany that divine and sacred kind of government: to wit, the ministering of the Sacrament of Confirmation, the consecrating of holy Oils, with many more. The first whereof a comfort so many ways necessary for increase of strength and true courage in these our no weak combats, as not any thing (the infinite number of our lay Catholics considered, who never received the benefit of this Sacrament) can lightly appear to be of greater or equal necessity.  
It is now more than 40. years past since we had a Catholic Bishop at liberty in place to exercise his function: and for these latter twenty years and somewhat more, our Country hath not had a Catholic English Bishop either in prison or out of prison: albeit, Ireland an Island subject to her Majesty, and traveling in like diversity of Religions as England doth, was never in all this while destitute of one, two, or more, made successively by the favour and appointment of the sea Apostolic. § Undoubtedly if our brethren and the Catholics of our Realm, would seriously ponder on the several graces, which issue from this Sacrament as from their native fountain, and of other no common benefits which attend upon that form of government, as the shadow doth upon the body: they would not only 
Dionisyus Eccl. Hierarchia. Ca 2. par. 3. adsin. Ambro. 3. sacr. Ca 2. & de ijs qui mist. imit. ca 7. Aug. tract 1. 18. in joan. D. Thom. 3. par. q. 72. art. 7. Suarez ibidem, sect. 2. Bellarm. de sacra. confir. ca 11.  with one consent subscribe to this our aforesaid intended suit, but would also most willingly join in one supplication with us to his Holiness, that it would please him either to appoint Suffragans, or give Episcopal authority to some such as should live & converse among us. For to what other thing can we more impute the grievous defection and fall of so many from the Church in the time of their trial, then to the want of the Sacrament of Confirmation, in which, the fullness, strength, and special protection of the holy Ghost, both firmly to believe, and constantly to profess our faith, are given in such measure, as the grace of Baptism, according to the doctrine of Divines, is thereby perfected: and the like difference wrought in the soul of the receiver, as is betwixt the state and strength of a man and a child? For as we do not receive so great strength and quantity of body in our birth, as we do after by the benefit of food and sustenance: so (the Sacrament of Baptism & Sacrament of Confirmation working alike in spiritual matters, as do our birth and nourishment in natural) the grace and spiritual fortitude we receive in Baptism, registering us in the family of Christ, is not of that degree, activity, and operation, as is the grace which given us in the Sacrament of Confirmation, enrolling us the professed soldiers of our heavenly Captain Christ jesus.  
Certes how meanly soever the grace of this Sacrament is now thirsted after, or the use thereof sued for: yet no less renowned a Saint and Clerk in God's Church then Pope Clement writeth, that Omnibus 
Epist. 4. ad julium & Iulia●●  festinandum est sine mora renasci Deo, & demùm ab Episcopo consignari, id est septi form●m gratiam Spiritus sancti percipere, nam alioqui perfectus Christianus nequaquàm esse possit is, qui iniuria & voluntate, non autem necessitate compulsus, hoc Sacramentum praetermiserit, ut à B. Petro accopimus, & caeteri Apostoli praecipiente Domino docuerunt. It behoveth all men without delay, to make haste to be borne anew to God, and after to be consigned of the Bishop, that is, to receive the sevenfold grace of the holy Ghost: sith otherwise he cannot be a perfect Christian, who through injury to himself and default of his own will, and not compelled by necessity, omitteth to receive this Sacrament, as we have received of S. Peter, and the other Apostles, have taught by our Lord's commandment. Memorable also is that saying of 
s Epist. 1. ca 7  Pope Vrbanus: Omnes fideles per manus impositionem Episcorum Spiritum sanctum post Baptismum accipere debent, ut plenè Christiani inveniantur: All faithful people ought after Baptism to receive the holy Ghost by imposition of the Bishop's hands, that (in the day of resurrection) they may be found fully Christians, (beautified with the ensign or character of the Sacrament of Confirmation.) And memorable also is that saying of 
t In Epist. ad Episco. Hispan. cited de consec. distin. 5. ca 2.  Pope Melchiades: In Baptismo regeneramur and vitam, post Baptismum confirmamur ad pugnam: in Baptismo abluimur, post Baptismum roboramur: & quamuis continuò transituris sufficient regenerationis beneficia, victuris tamen necessaria sunt confirmationis auxilia. Regeneratio per se saluat mox in pace beati saeculi recipiendos: confirmatio autem armat & i●struit ad agones mundi huius & praelia reseruandos. In Baptism we are regenerated to life, after Baptism we are confirmed to fight: in Baptism we are washed: after Baptism we are strengthened. And albeit the benefits of Baptism be sufficient to those that depart out of the world immediately, yet to such as live longer the helps of Confirmation are necessary. Regeneration of itself saveth those that incontinent are to be received to the peace of the happy world: but Confirmation armeth, furnisheth, and instructeth those that by longer life are reserved to the conflict & warfare of this world. § By the doctrine of which three Popes and great Clerks, it appeareth that the Sacrament of Confirmation is the complement and perfection of Baptism, 
v Concil. Tried Sess. 7. Ca 1. Cō. Mogunt. Ca 17. & Concil. Senonense in decretis morum. ca 38.  instituted by our Saviour 
x S. Cypria. in serm de unctione Chris. D. Tho. 3. p. q. 72. art. 7. 8. 11. Sc●tus in 4 dist. 6. q. 10. § sed repetam So●us in 4. dist. 7. q vni●a art. 7. Henriquez de Confirma. Ca 4. § 1. Suarez t. 3. q. 63. art. 4. disp. 11. sect. 1. & q. 72. art. 7. sect 2.  to confer the fullness of the holy Ghost, to attain a special perfection, and derive the more abundant helps unto us, of confessing our faith when his honour and the edification of our neighbours requireth: and by it also to receive a distinct and indelible character or badge of being assigned the public soldiers of Christ in the noblest cause (his faith) upon earth.  
Right excellent also to this purpose are the words of 
y Serm. 1. de dedicat. Eccle.  Damianus: Decretales paginae & sanctorum patrum instituta decernunt, non esse differendam post Baptismum sacramenti huius virtutem, ne nos inermes inveniat fraudulentus ille contortor, à quo nemo unquàm nocendi inducias extorsit. Delibuti igitur vtri●squè roris unguento, illo sanati, confortati esto▪ securiùs descendamus ad singulare certamen. The decretal pages & the institutes of holy fathers have decreed that after Baptism the virtue of this Sacrament is not to be deferred lest that guileful racker of our souls (Satan) find us unarmed, from whom no man ever hath wrested the league of truce that he should not hurt him. Being therefore anointed with the sweet oil of both dews (Baptism and Confirmation) in that healed, in this strengthened, we may the more securely cope or descend to handy gripes with our ghostly enemy.  
To conclude, 
z Hist. Eccle. lib. 6. ca 35. ex Epi. Cornelij Pont. ad Fabium.  Eusebius attributeth such exceeding force and working efficacy to this Sacrament, as he doubted not to say, that Novatus, who after became an Ach-heretike, could not merit the grace and assistance of the holy Ghost, in reason of his wretchlessness and lack of devotion, in that being baptised in a dangerous fit of sickness, he was not likewise at that time signed and fortified with the sacrament of confirmation. § And thus much of the importance of our intention & first truth, which as we verily thought was kept secret from the understanding of his Holiness: wishing every one maturely to consider of that little which is said, and what Divines do further add in this point, for exciting all Christians, not only most hearty to affect, but most studiously also to get timely ministered to themselves.  
Another truth secreted, was the great contention and scandalous 
The second truth secreted.  debate reigning between the jesuits and some of the secular Priests, by reason of an affected superiority, which the jesuits after the decease of good Cardinal Allen, laboured to place in father Weston over his f●llow prisoners in Wisbish, by much his elders, as in years, so in sufferance also for the Catholic cause. And it was not thought that this manner of seeking to bear rule, would take up so or confine itself in that castle. The humour was deemed to be more active, and that it would soon enlarge in self to the Priests abroad. Neither was this opinion conceived without cause, in respect of the question that master Warpoole now a known jesuit and Father Minister at Valodelide, proposed to a student in Rome, demanding of him what he would say, when no Priest should find harbour or welcome any where in England, unless he came recommended by some of the jesuits. And after the secret jesuit (for so he was at the time when he used th●se speeches) had continued a long discourse, in showing the ample and manifold conveniences that would ensue upon so good an order, he would needs without denial have the student at the end of his tale, to declare also his conceit in the matter: and when by earnest importunity he had won him thereunto, and the student had showed plainly his aversion from liking any such practice or sovereignty over the Priests, the jesuit incontinent bewrayed no little discontentment. Again, that which yet brought more evidence to the matter, was a Treatise which a special favourite of the jesuits compiled, and which was given abroad to others to read, wherein it was discoursed, that none were sit to have the guiding of souls: nay, special heed to be taken that none such be chosen to be guides, who were not addicted to Religion, or had not that way relation or dependence. Which injurious and disgraceful assertion, being excepted against by one or more of the ancientest Priests in our Realm, was notwithstanding so little reversed or disliked, as more stiffly than before maintained, both by the Author of the Treatise, and by the chief of the society, with some other of the same company.  
Now then, these and more like particulars, which if need require will be easily produced, yielding sufficient conjecture, if not remonstrance, of the hearty desire the jesuits had, to have the secular Priests under their direction: we thought meet, the sooner also for avoiding the bad and ignominious reports, which were spread abroad every where of us for not stooping to the foresaid subjection: as that we were forsooth men, who would not live under discipline, or could away with obedience, being, as it were, given over to follow the sway of our own fancies, and unwilling to have either other rule, or Superior to direct us, than our own will, or what the love of liberty should prescribe: we say, to avoid this foulest obloquy, and to the end the occasion of variance between them and us, might be taken away in the root, we desired the ordinary government by Bishops.  
Which intention and petition of ours, if it had been made known to his Holiness, together with the ground moving us thereunto, and the causes of the dissension (as they were not hid from the procurers of the authority) we most certainly assured ourselves, that either his Holiness would not have appointed this kind of government, (to which the jesuits are no way subordinate) or not have placed it in such a like favourite of theirs, as themselves only had purposely culled out to serve their turns. § Or could we win our thoughts, that his Holiness knowing how all things stood with us, would nevertheless have erected this kind of superiority, and have appointed Master Blackwell for the Superior: yet the whole world cannot make us to believe, or once to doubt that his Holiness pious & prudent disposition, his high commended vigilancy, & zeal of justice, would if his blessed Fatherhood had been truly and fully informed of our case, have ever annexed such a tie and instruction to the authority, as that our Archpriest should consult and take advice in all matters of moment with the Provincial of the jesuits: whereas father Garnet, who then had, and now hath the room, was 
And let our adversaries answer this.  the chief of the one side in the difference: so that hereby, he is become borh party and counsellor: plaintiff and judge: assistant, defendant, and in Commission for arbitrating his own case, and the causes of his fellow brethren of the same society under his guiding. An exorbitant most contrary to the laws of all Nations, and opposite to the nature of justice, even by the light of nature.  
But to leave to stay longer about the truths which we took to be 
The first falsity expressed.  concealed, as a matter wherein ignorance or forgetfulness may plead the informer's excuse, and to come to the falsities, wherein not ignorance or forgetfulness can have place, as in the former, but mis-affection or fraud, or a worse godfather must name the child. § The sole cause alleged in the Cardinal's letter, and which (as there appeareth) was made the principal motive and ground of the new institution, was, a debate or variance feigned to be between the Seminary Priests and the Catholic laity of our nation. A fiction no less slanderous, defaming both clergy and temporalty, than the same is open to every man's check. For what Priest or lay Catholic in England can warrant and verify the assertion with any one instance, or being acquainted with what hath passed in this kind, cannot, if he hath will, witness the contrary? Neither is there need we should produce more or clearer evidence, for disproof of the slander, than Master Blackwels own letter which he wrote to Cardinal Caietane immediately 
By likelihood no holy haters of their own praises.  before the institution of the authority: and which for the sundry praises it gave to the societies high labours, and charities here, is registered in our English College at Rome, as a perpetual memory to all posterity. For the writing whereof, together with a Sermon he made in setting forth their merits, he was in many men's opinion, chosen to the office he possesseth In this letter he confidently affirmeth, that for this latter twenty years space and more, he never heard of any dissension, Cuius afflatus paulo molestius aliquando commovit: which was 
The self words of the Letter.  not blown over without the least trouble §. Which testimony of Master Blakwels to the Cardinal, cannot in his own conscience be understood of the jesuits and Seminary Priests, but only of the good agreement between the secular Priests & the laity. This we say, because for the space of the latter two years immediately before he wrote the said letter, not only the whole realm was grievously scandalised, but the Pulpits rung also every where with the great contentions, which were between the jesuits and the Priests at Wisbic●h And these scandalous stirs were so little unknown to Master Blakwell, as himself indicted a general letter unto them, persuading to mutual peace and concord. Yea further at the very same time when he addressed his letter to the Cardinal, he could not be but weeting to the reviuall of the old, and increase of the new dissensions at the same place, and among the said persons, and which also were of no small moment, and of much disedification. By all which it is most evident, that if Master Blackwels words were true, avowing that there was no dissension in our country, Cuius afflatus paulò molestius aliquando commovit: they were only true in the secular Priests and the laity, and not between the jesuits and the Priests; and consequently the dissension which was suggested to be between the Seminary Priests and the laity, and for appeasing whereof the new authority was ordained, was a mere device and an apparent falsity, the dissension being wholly (which was concealed from his Holiness) betwixt the jesuits and the Seminary Priests. And to the redress whereof, this authority no whit availed, the jesuits who were the brewers and principal cause of all the broils) being altogether out of the compass of the Archpriests authority & jurisdiction, unless it be to direct him in the execution of the same.  
The second falsehood uttered, was, that Master Standish (whom 
The second falsity expressed.  the jesuits employed in negociating this business with his Holiness, as is confessed in the Apology, and who had at that time given his name to be one of their order) told his Holiness (but by what kind of equivocation or strange subintellection we know not) that he had the consents of the Priests in England, and came in their names to entreat the appointing of a superior: whereas in truth he never acquainted the body of our Clergy with his going, and less with the business he went about. Nay he was so cunning in cloaking his intention, that even to those Priests (who were not also above two or three) from whom he could not conceal his journey, he pretended the cause of his voyage, to be a long desire he had to visit the holy places, and perhaps to enter into religion, forgetting therein the advice of S. Paul, Non ambulantes in astutia, not walking in craftiness, intending one 
2. Cor. 4.  thing, and making semblance of another.  
To conclude our first reason, the information being faulty, as well for truths concealed, as for untruths delivered, yea the very groundsel of the authority (we mean the chief & main reason, & which is preferred to the first place in the Constitutive Letter, & given as the sole & principal cause of instituting the subordination) being not only untrue, but containing beside a very grievous touch both to the secular clergy, & confessant catholics of our country, as that the devil had made an assault to set us together in tumults, when not the least breach or variance was known, or ever extant between us: we assured ourselves, the case thus standing, that we might most lawfully, and in wisdom defer our obedience to the new authority, till we had disclosed the drift to his Holiness, laid open the fraudulent and bad dealing, practised by the complottors and procurers of the subordination, and the likelihood of the broils to ensue between the jesuits & the Priests, whilst the jesuits having thus cunningly gotten the choosing of both our Archpriest and Assistants, and consequently derived power to themselves, to make and multiply what ordinances they pleased in our Church, for curbing and afflicting any one that should withstand. Res ipsa loquitur. No more words need, the effects themselves do witness.   

The second Reason.  
THE second reason of our bearing off was, for that admitting the information to be true, which the procurers of the authority gave up to his Holiness (as how little sincere it was the reason precedent sufficiently showeth) we stood nevertheless morally assured that our delay could not be offensive, being intended for no longer while, then till sending to his Holiness (which was done with greatest speed) and unfolding to him the true state of all matters, we might receive direct knowledge what was done: namely whether the subordination was proposed only and upon our liking, to be confirmed (which appeared most probable) or whether it was so peremptorily decreed (which we could not believe) as whatsoever our exceptions might be against it, it must notwithstanding be in force and continuance. And here, to make our discourse the more perspicuous, and to lay certain grounds for supporting the same, we put down the propositions following.  

The first proposition.  
NO delegatine authority, by whom, or of what matter soever can any way be rightfully extended beyond the limits of the commission and case expressed. The proves. 
a In ca Sol●t de sent. excommu. verb. per superiorem lib. 6.  Delegata potestas est stricti juris, & idsolum potest quod ei specialiter est commissum, & sine quo causa expediri non potest. Delegatine authority (as writeth the Gloss) appertaineth to a strict law, and can only be extended to that which is expressly committed, and without which, the cause cannot be effected: or not commodiously effected as 
b In ca De testibus Col. 3. de test.  Aretinus, 
c In ca ut debitus honor de appella nu. 73.  Decius and 
d Consil. li. 1. tit. 31. de offi. judi. ord. 4.  Navarre do enlarge the Gloss. Again potestas delegata non est extendenda ad causam non expressum. Delegatine power (as writeth 
e In ca fin. de ver. sig. nu. 5.  Panormataine) is not to be stretched to a case not expressed in the commission. Again, 
f Lib. 3. tit. ●. § sed sine.  Sive uni, sive pluribus, sive à principe, sive ab alio mandata fuerit iurisdictio, mandati forma diligenter custodienda erit, nec aliquid contra quam sibi mandatum fuerit, delegatus sibi tentare audebit. The words of Lancelot whether jurisdiction shall be given to one or to many, by a Prince or by an inferior, the form of the Mandate must be diligently observed, neither shall the delegate adventure to attempt any thing beside that which shall be given him in commission. To this purpose likewise writeth 
g In ca eam te de rescript. nu. 6.  Innocentius, & 
h Lib. 1 de iudi. de leg. § 8. nu. 10.  Speculum & others. And the places in the law, on which they ground their sayings, are: in ca Prudentiam, in ca cum olim 2. in ca venerabili de office de leg. in ca cum dilecta de rescriptis & alijs.   

The second Proposition.  
WHen a cause or matter is delegated, it followeth not that all things thereupon which may any way avail or bring furtherance to the business, are delegated by virtue of the same commission, but such accessories only as without which the business cannot be well and commodiously effected. A verity partly taken out of the text of the law, 
a Ca Suspitionis de offi. iud del.  Sicut iurisdictio, sic & caetera sine quibus explicari causa non potest intelliguntur esse commissa. As the jurisdiction, so other things also without which the cause cannot be dispatched, are understood to be committed: and partly out of 
b Verb. de▪ legatus▪ nu. ●.  Sil●ester Gemianus & Veru: whom there he citeth. Id propter quod facilius causa expediri posset, non venit nisi express committatur, & quamuis causa delegata intelligantur omnia commissa, sine quibus causa expediri non potest, non tamen omnia concessa sunt, quae possunt valere ad causam expediendam. That through the which the cause may more easily be effected, doth not fall under the delegation, except it be expressedly contained in the commission: and although the cause being delegated, all things are understood to be committed, without which the cause cannot be effected, nevertheless all things are not granted which may avail to the effecting of the cause.   

The third Proposition.  
WHen the commission runneth in general terms without any express form or limitation, the party delegate may use his discretion, and do any thing that so serveth to the accomplishment of the affair committed, as without it the same cannot be well or commodiously effected: but if there be a certain form prescribed (as there is in the Cardinal's letter) that form is strictly to be observed, and in no substantial jot to be gone from. The first part is proved in the Chapters: Praeterea and prudentiam de officio & potestate judicis delegati: and the latter, in the Chapter Cum dilecta de rescriptis. And both the one and the other are jointly affirmed in the Gloss 
a In ca praeterea de office iud de leg verb. simpliciter.  Cum simpliciter mandatur sine aliqua forma expressa, delegatus omnia potest sine quibus causa expediri non potest, sed si certa forma esset data, illa servanda est. When the commission is in general terms without any express form, the delegate or party commanded, may assay and execute all things, without which the cause cannot be effected: but if there be a certain form set down, that is to be kept. And how strictly it is specified in another place, where this direction is given▪ 
b Gloss. in ca cum delecta de rescriptis.  Forma mandati diligentissimè servanda est. The form of the mandate is most diligently to be observed.   

The fourth Proposition.  
WHen the form of the commission is broken, the limits of the Mandate are transgressed. The proof 
a Ca prudentiam de offi. iud. del.  Mandati siquidem excedere fines probaretur, si quis citra formam rescripti accepti praesumeret judicare. He certes is proved to exceed the bounds of the Mandate, who presumeth to proceed beyond the form of his commission.   

The fift Proposition.  
Whosoever goeth beyond the limits of his commission, being the bounds of his authority, 
a Ca venerabili de offi. del.  offendeth, but worketh nothing. Offendeth, because he usurpeth authority, using that he hath not, and worketh nothing, because 
b Glossa in c●. hac constitutione de office iud. deleg. li 6.  Processus delegati excedentis fines suae potestatis non valet. The process of a delegate exceeding the limits of his commission is of no force. And 
c Panormitan in ca prudentiam de offi. iud. deleg. nu. 5.  ubi datur certa forma procedendi, processus corruit non solum si aliquid attentatur directè contra formam sed etiam citra vel praeter formam, where there is a certain form given of proceeding, the process falleth, and is of no effect, not only if an attentive be made directly contrary to the form, but also if any thing be enterprised beside or out of compass of the form. Neither do any Canonists make question, but that the form of the Mandate or rescript is most precisely and exactly to be observed, being as it were the needle and matter of that consequence, as if it be broken or swerved from in any one point, the whole action ensuing is 
d Panormitan in ca publicato nu 9 & ca cii post●nu. 1. de elect A●t. Fran. ibidem in ver. ipso iure. Host de ossi. iud. deleg. nu 8.  of no worth nor validity. And which also is true by the testimony of both 
e Ca vener●bili. de ossi. iud. deleg. l. cum hi. § praetor ss. de transacti & in ca si●. de restitutio. spoliat. & in l. dilig●nter. ss. mandati.  laws, whether the particulars of the form prescribed be pretermitted or exceeded.   

The sixth Proposition.  
THe formal and proper object of disobedience, that is the thing without which there cannot be properly disobedience, is the superiors precept. 
a D. Tho. 22. q. 104. art. 2. Co. & in res. ad 2.  Tacitum vel expressum, either tacitive or explicitive. Tacitive, when the imperative or commanding will of the superior becometh kowne to the subject after any signified manner soever. Explicitive, when the precept is given in more express and plain terms. Whence it followeth, that no one is bound under sin of disobedience to obey the will of a superior of what degree soever, unless he signify the same his will to be a commandment. A proposition which 
b De veritate q. 23. art. vlt.  S. Tho. (whom both 
c Verb. praeceptum nu. 2.  Silvester and 
d De sept. pec. mort. ca 15. verse sept. est.  Cardinal Tolet cite to this end) affirmeth in these words: Licet sciam voluntatem praelati nisi tamen expressé praecipiat, non teneor. Although I know the will of my Prelate, I am not bound to accomplish the same, unless he expressly commaundme. The like also hath 
e In man.. ca 23. nu. 36.  Navarre, where he declareth when and how the sin of disobedience is committed: Peccat (saith he) qui deliberatè omittit facere quod iubetur satis apertè à superiore. He sinneth who deliberately omitteth to do what is plainly enough commanded by the superior: ergo what is not commanded, or not so plainly commanded, as it may be understood to be a command, the fulfilling thereof, ne is, nor can be properly an act of disobedience in the subject: disobedience always presupposing a known command of the superior.   

The seventh Proposition.  
THe accomplishment of any superiors precept, may be prolonged or omitted without sin, fault, or breach of obedience, if a reasonable, just and lawful cause occur, and no peril of scandal probably appear evident. For if the cause be just and lawful, the act proceeding from the same not tainted by any ill circumstance, must needs be of like quality. Yea a further truth, the cause that bona fide 
a D. Th. 22. q. 147. art. 3. & Caict. ibi Pal. in 4. dist 15. q. 4. Sil. ver jeiunium. nu. 21 & Caict. in Sum. ver. praeceptum  and to the doers understanding seemed just, though in truth and in itself it were not just, excuseth the omission from mortal sin.   

The eighth Proposition.  
THe subject probably thinking that his superior commanded the thing he did by reason of wrong information, and that he would not have commanded it, had he known the truth, and for that cause deferring to execute the commandment, and advertising his superior with speed of the truth, and reason that moved him to defer, with express submission also to do as he should after direct, neither committeth the sin of disobedience, nor violateth any other moral virtue, as it appeareth plain not only by reason, but also by the authority of the 
a Ca Si quando, & ca pastoralis de rescrip.  Canon law and the doctrine of 
b In man.. ca 23. nu. 38.  Navar.   

The ninth Proposition.  
NOne are bound to obey the commandment of their superior wherein he exceedeth the limits of the authority he holdeth over them, in respect the inferior is only bound to obey his superior in the thing in which he is his inferior and subject, and in no other. 
a 2. 2. q. 104. art. 5.  Non tenetur (saith S. Tho.) inferior suo superiori obedire si ei aliquid praecipiat in quo ei non subditur. The inferiout is not bound to obey his superior, if he command him any thing in which he is not his subject, or in subordination unto him. A doctrine so generally true, that if the Pope himself should command beyond the bounds of his jurisdiction, none are bound to obey as writeth 
b In ca inquisitioni de sent. excom. nu. 4.  Pope Innocentius, 
c De pecca. morta. ca 15. vers. sextis est.  Cardinal Tolet, and others.   

The tenth Proposition.  
NO subject is bound to obey and execute the commandment of his superior, when in 
a Gre. de. Val. To. 3. disp. 5. q. 14 punct. 4. & disp. 7. q. 3. punct. 2 & To. 4. disp. 7. q. 17. punct. 2.  reason and wisdom he cannot (as having clear evidence to the contrary) acquit and conform his understanding to the judgement of his superior, or think the commandment to be right or just, or binding, or under his authority. An assertion so certainly true, as to doubt thereof, were to call into question whether man should be governed like a beast, or that he could surprise and dispose his understanding, how, and as he listed, in matters wherein he hath a demonstrative, or evident certitude in judgement.   

The eleventh Proposition.  
ALthough in doubtful matters that bring no detriment with them to the subject, the subject is bound to obey his superior, because the superior is in the possession of his authority, and consequently his title and interest the greater and abler: nevertheless in such doubts as on which 
a Adrianus Quodli●t. 2. Sotus de ratio. tegendi, & deteg. secrens. ch. 3. q. 2. Concl. 2. & 3. Salon. To. 2. disp. de tributis & vectiga. art. 3. controuer. 8. vers. ad intelligendum  great prejudice attendeth the execution of the superiors commandment, the subject is not bound to obey, so long as he is prudently doubtful whether he be bound or no. Which position is true, and holdeth if the prejudice redoundeth but to a third person, and more if to himself, and most of all, if to a community or multitude. The reason: because the subject is likewise here in possession of the peculiar, be it his honour, fame, goods, liberty, life, or the like, in which his obedience would turn him to detriment. And no one is bound to surrender and deprive himself to his own prejudice of that he hath in possession, unless the right and interest of the claimer be very certain and manifest, which cannot be as long as the subject prudently doubteth of the superiors authority in the particular commanded.   

The twelfth Proposition.  
THe subject may without mortal sin disobey his Ecclesiastical superior annexing no censure to his command, so that he were not carried by contempt to the neglecting of the command. A conclusion of 
a P. 2. in. 4. q. de voto dissicu. 16. concls. 1. & 3.  Angles a famous writer of this age, and whiles he lived a public reader of Divinity: who for ground of the doctrine, himself being a religious man, allegeth common custom (the best interpreter of laws) so to excuse and mitigate even among the religious, the bond and law of obedience. And no less may be gathered out of 
b Verb. peccata cl●ricorum.  Caietane in his Sum, and out of 
c To. 4. disp 7. q. 17. puncto. 5.  Gregorius de Valentia, where he defineth contumacy that maketh a mortal sin to be disobedience against a Superior commanding under the threat of excommunication, this, or that, to be done or not done. Which kind of commination, or any other, the Cardinal Protector, neither did in his own person, nor in the person of his Holiness so much as in the least manner once insinuate in any part of his Grace's Letter Constitutive.   

The thirteenth and last Proposition.  
A Superior proceeding unjustly (as he doth when he commandeth more than the place and authority he holdeth giveth him leave) may without all imputation of blame (the peril of scandal ever excepted) be as lawfully resisted as an 
a Navar. in ca contingat causa 5. nullitatis n 8  adversary, as a 
b D. Tho. 22. q. 69. art. 4. c.  thief, as a 
c Ezech. ca 22  wolf, as a 
d Molina Tun. 1. de justitia & iure tract. 2. disp. 23. vers. concessa.  tyrant or foreign enemy. So that to disobey a Superior, enlarging his precepts beyond the utmost bounds of his authority, is so far from the nature of criminal disobedience, as it cannot be said to be the least sin: yea the case may be such, as it were sin and perhaps great sin to obey. For none will deny, but that there is 
e D. Tho. 22. q. 104 art 5. ad 3. &. D. Bernard. Epist. 7.  a kind of obedience which is indiscreet or unlawful, agreeable to that Canon of holy Church collected out of S. Gregory, 
f 3. p. pastoralis cura. 2. q. 7. ca admonendi.  Admonendi sunt subditi ne plus quam expeditsint subiecti, ne cum student plus quam necesse est hominibus subijci, compellantur vitia eorum venerari. Those that live under subjection are to be admonished that they be no more subject than is meet, lest whiles they endeavour to show more subjection to men then is necessary, they be compelled to worship their vices.  
THese grounds being laid, we proceed and affirm that the Cardinal's Letter, as it is plain to the Reader, maketh no mention at all of any Mandate or Commission which his Holiness should give, other than that he should employ his endeavour to make peace in our Country, to the example of the peace and quietness established in the English College at Rome. And how this commandment did communicate authority to the Cardinal to institute an Archpriest over us, with like jurisdiction and sovereignty as is expressed in the Letter Constitutive, appeared a more strange point unto us, than we could understand, or find out any ground, or show of reason, how the said commandment of his Holiness could any way be in such sort possibly extended, and retain force to bind. For what necessary connexion is there between making of peace in our Country, and instituting of an Archpriest over one part of those that were at variance, with jurisdiction to spoil them of their faculties, to remove them from their places of residence, to deprive them of the use of their Priestly functions, and to afflict and unable them to do good in our Church, and in no degree to subordinate the other more principal part of the contenders to the least jot of the same jurisdiction? We say, what necessary and strait conjunction is there between the two precedents, that Commission being granted to labour and effectuate the one, viz. peace in our Country, authority must thereby be thought to be granted to erect and appoint the other, viz. an Archprist? Must the assigning of an Archpriest with such jurisdiction be holden alike intrinsical or dependent an accessory to the taking up of dissension, and of making peace, as not ordaining the one, the other could not be effected? None will say it that shall compare them together, and none can say it, that have well looked upon the sequel: contention, strife, debate, variance, broils, scandal, parts-taking, enmity, slanders, calumniations, wrongs, injuries, being now most rife in our Church, and never heard of before. Neither any marvel at all, whiles one who was unknown unto us to have any such authority, nor many years ever holden but for our back friend, would institute in our Church a new form of government, the like never heard of in the world, merely penal, wholly consisting in punishing, and in punishing contrary to the form of law, that is, without citing, without trial, without proof of the accusation. And to bring this intolerable burden upon us, without making so much as any one of our body privy thereunto, and also to give us none other satisfaction of this his Graces strange proceeding in our Church, but only the warrant of his own Letter, and the same not addressed to us neither, but to the superior only, whom himself without all our consents or weeting preferred to the office, by the sole information of him, whose busy head and actions have been the cause and increase of much trouble and persecution in our Church and Realm. And who being a member of another body: and professing also a mortified state, and to have relinquished the world, seeketh nevertheless to be our great master, and to rule all: and would to God but to rule, and not to domineer or tyrannize rather.  
Let any practised Governor Ecclesiastical or temporal, or any one of common understanding in the world, tell us whether this platform, this new and strange kind of government, and as strange a manner of proceeding in it, were a mean to make peace, or not rather the high way to break peace, to kindle debates, to multiply dissension: and as it were to strike up an alatum of troubles in our poor afflicted Church, too manifoldly (if it pleased God to the contrary) already tossed?  
The new authority therefore being in itself no greater a help to the setting forward of peace, and in the sequel so preiudicious; the first, second, third, and fifth Propositions, show that his Holiness commanding the Cardinal to bestow his pains for the establishing of peace and concord, to the pattern of the peace wrought in the English College at Rome, did not therein for aught appeareth, or may be gathered out of the Constitutive Lettet, give commission to his Grace to enact the foresaid jurisdiction.  
Again, the second, third, and fifth Propositions declare, that the enacting of the like authority, not being so nigh linked and united an accessory to the principal in charge, as the one might not be well effected without the institution of the other, declare we say, that we were not bound by any law of holy Church or duty of obedience, to subject ourselves to such his Grace's ordinance: because his Grace seemed even by the tenor of the self Constitutive Letter, to have exceeded the limits of his Holiness Commission unto him, in that receiving but a commandment to make peace, he made an Archpriest, and endued him with largest punishing jurisdiction and sovereignty over us. Neither of which were behooveable, or not so behooveable to the making of peace, as that peace could not be made without these, as is already showed. And therefore his Grace's decree, touching the subordination could not, at least in the judgement of our own thoughts bind us, the same appearing unto us to be an excesser or too great an enlargement of the delegation committed. Plain by the authorities and proves laid down in the said Propositions.  
But if our adversaries shall here say, that the Constitutive Letter maketh mention how his Grace in ordaining the new authority, followed therein the will of his Holiness: we may answer, that imagining as we did, and upon most pregnant grounds, that father Parsons was the inditer of the letter, we had little reason knowing him as we do, to credit every word therein, especially the matter being so greatly prejudicial to ourselves, Church, and Realm, and so fit a rise or step beside, to his further designs.  
Another reason also, and which more induced us not to believe every word in the Cardinal's Letter, was the report it made of the fatherly charity which the jesuits exhibited towards all Priests in our country, and that they molested no one. An affirmance so far from truth, as to doubt whether it be true or no, were to doubt whether ye be cold or fire hot, or whether there be a Sun in the element. For who can deny, unless he be resolved to deny any thing how apparent or demonstrable soever, but that all the Clergy and social dissension in our Realm proceeded from some of the fathers of the Society? The dissension at Wishich from fa. Weston assuming superiority, the dissension now on foot, from fa. Lister the author, from fa. Garnet the approver: from fa. jones the increaser, from fa. Holtby the maintainer, and from some other of the Society, the abettors of our most grievous wrongs and infamy.  
Thus no doubt we might answer, and neither idly nor untruly, yet we will not thus answer, but refer ourselves to the sixth Proposition, which yieldeth another kind of rejoinder, and bringeth more light and help to our cause and innocency.  
For the said Proposition teacheth, that the formal object of obedience is the known precept of a Superior, not the sole will, unless it be an imperative or commanding will, and so notified as the subject understand it to be a command.  
So that admitting we had been bound to heleeve every word in the Cardinal's Letter, as how little we were bound it will appear anon, and more in the next reason: yet the Cardinal using but these words (Nos S 'tis suae pijssimam providentissimamque voluntatem sequentes, hoc ipsum statuere decrevimus. We following the most godly and the most provident will of his Holiness, have decreed to appoint a subordination among the English secular Priests) we could not see how this related will of his Holiness did put on the nature of a precept, especially after so express and certain a manner, as that we were bound (all causes how just soever set aside) to obey forthwith the new authority, & not respite our absolute submission thereunto, no not so long as till we could sand to his Holiness for more direct & assured knowledge in the matter.  
Beside, the reasons were neither few nor vulgar, but many and very material, which drove us to think, that if his Holiness had possessed such a determination, as at unawares without any one of our assents or privity, to appoint us a superior, and with so large sovereignty over us, yet that he would never have used so little favour towards us, who live in the midst of so many miseries, and daily spend our lives for the truth and primacy of that Chair, as to enact the authority in so powerable a manner, that even at the first appearing thereof, and by the bare Letter of one Cardinal only, it should be the crime either of notorious disobedience or schism (an impossibility) even not to prostrate ourselves, and surrender our full and absolute obedience thereunto, without either making question how it c●me, or so much as to send to his Holiness for understanding whether it was his ordinance or no.  
First the mild and sweet disposition of his Holiness nature forbade us so to think: then the quality of our pressures: the ancient Canons 
Distinct. 63. Ca Si ●n plebibus.  of the holy Church allowing Priests the election of their Archpriest: the deserts of our poor estate, serving God in the degree of Priesthood without either enjoying or expectance of Church living; yea and which did most of all deforce us from entertaining so hard a thought of his Holiness love and pastoral regard towards us his afflictive labourers, was the most respective and honourable speeches, which himself used to some of our brethren: namely that he would not appoint any order of government in our country, before the good 
A ground of surreption.  Priests in England (so gracious were his Holiness words) should advertise him, what kind of government were fittest & best sorted with the miseries of our Church.  
That his Holiness used these speeches, there be two Priests or more in England that will depose it: and father Parsons himself having more than once reported so much, cannot without doing wrong to his religious profession, deny or unsay the same, So that the question rested, whether of these two we should sooner and were more bound 
☜  to believe, the Popes own word or the Cardinal's Letter. Either the Pope's word related unto us by several of our brethren of good report, and the immediate hearers thereof, or the Cardinal's Letter penned as we no whit doubted, by our boldest adversary containing apparent untruths, as before is showed, and will hereafter more appear.  
And now, the matter of our choice to whom we should give more credit, being of this quality: whether sooner to believe the Popes own word, or the Cardinal's Letter, was it possible that father Lister or any other of less holy profession and of meaner parts, could embolden their pens and tongues to byname us so prodigally as he and some of his complicers have done? Or could it be thought credible, that our superior, who by his place and order of charity, is the more invited to love us, and bound by justice wherein he may to defend us, would entreat his children (our trespass no greater) in so unkind and hard a manner as he hath done and continueth? Let others, who can, answer. We will return and proceed in our proves.  
Senior Acrisio of the Pope's Fiscals, and who had commission to examine master Bishop and master Charnocke in their imprisonment at Rome, hath given very good testimony, & with like circumstances as not lightly any evidence may deserve more belief. For this officer having by himself and father Parsons taken the examination of the two prisoners, and demanded of like as many questions of them, as were thought necessary, he told them that now he was to make relation of all things to his Holiness, and therefore counseled them to commend the cause to God by prayer, adding that it were not amiss also, if they would enjoin to themselves three days fast that week, for better prospering of the affair. A spiritual task which the prisoners gladly undertook, and performed in the time prescribed.  
The next week Senior Acrisio came to the prisoners, and among other matters very confidently affirmed to them both apart, that the new superiority was not instituted by his Holiness command, as his Holiness himself (with whom the day before he had conference about the same point) told him, and yielded for reason, that he durst not enact a form of government in our country (o the strange information that was given against us) for that he would not adventure to have his authority contemned of the Priests in England.  
What better proof (if Senior Acrisio Priest and his Holiness fiscal, be an honest man in his words) can be demanded then this, for justifying the delay we made in subjecting ourselves to the Archpriests authority? What argument taken from the event of the matter, can be of more force to show, that we had reason to suspend our belief in many particulars of the Constitutive Letter: or what more pregnant conjecture can there occur (the Fiscals words being true) then that Fa. Parsons of likelihood hath told many a good tale to his Holiness for inducing him to conceive alike hardly of out whole secular Clergy, as scarcely harder could be conceived, had we been the lozel's of the world, and not our loyalty, obedience, respect, love, dutifulness, and sufferance for the eminency of that Sea, equal with the merits of any Clergy in the world?  
The same officer also, or another of greater calling, which is more 
This letter is in the English book.  likely, told master Bishop, as himself witnesseth in his letter to Fa. Parsons, that his Holiness had at the most, no other purpose touching the bond and imposition of the authority, then that it should be proposed to the Priests in England, for trial whether they thought that kind of government fit & sorting with the state of their country, & then as they should make known their opinions therein, his Holiness intended to establish or change it.  
And beside the report of the fiscal herein, strengthened by so solemn and particular circumstances, the busy, busy endeavours of the society to get Priests to set to their names to a letter beginning with Olim dicebamur, in testimony of their applause and thanksgiving to his Holiness, for appointing the authority, and his Holiness long delay (a full twelve month or thereabout) to confirm the same, is argument evident enough (if no invincible proof) that the truth and process of matters, were no other than is said.  
Or if in so probable a truth, there need more conjectures, the hardness of our two brethren their entreaty by Fa. Parsons, the like, as never had a precedent in that place, doth not a little confirm that all was not sound and justifiable. For undoubtedly if there had not laid a pad in the straw, or some secret hid in the deck of the stratagem, which Fa. Parsons would not have his Holiness and others to see: what need was there for him to procure (doubtless by no charitable or true information) the imprisoning of his countrymen, of Priests, of labourers in God's vineyard, of those who for zeal of religion, had made themselves incapable of favour in their own country, and one of them relinquished a rich inheritance; to procure the imprisoning of those who for many years space, had continually ventured their lives, and with good profit, for reducing of souls to the obedience of the Sea Apostolic: to procure the imprisoning of those, who with all submissiveness of duty came a long and a chargeable journey to his Holiness foot, out of love and conscience to unfold all things to his wisdom, and for truer understanding of his Holiness pleasure? What need was there not only to imprison them before they were heard, or could come to the presence of his Holiness, but to apprehend them with Isberze by night, with torches most infamously, and himself (a religious man) to be the leader & chieftain? What need was there to imprison them apart, to rifle them of all the instructions, letters, and notes they brought, to keep them close without licence so so much as to hear Mass, even upon some of the chiefest feasts in God's Church? What need was there for himself to be their jailor, 
New years day and Twelve day.  and keeper of the keys of both their chambers? What need was there to deny them to have their learned counsel or Advocates which they severally and earnestly requested, and which seemed so just a petition as father Holby in his discourse of the last of june 1601. avoweth under ferious protestation, that they had it granted unto them, and bringeth it in, to imply their greater guiltiness, for that having their learned counsel and pleaders allowed, were nevertheless condemned and found worthy of the punishment laid upon them, which was to be banished, and confined in the banishment, without any contribution or relief at all towards their maintenance? What need was there, their arrest and imprisonment being so publicly known as it was, and the whole course and manner thereof being so strange, as it could not but give token to every one of some notable and heinous crime in them, to try them after in secret in the College, and to suffer neither scholar of the house, nor extern, nor any at all, to be present at their trial, beside the two Cardinals their judges, Senior Acrisio the fiscal, father Tichborne the Notary, Doctor Haddock, & master Martin Array advocates for the Archpriest, himself, and the two prisoners, to the end no doubt, that none might witness, lament, and admire, for what sinful trespass (so to call their Christian intents) they were so long and so straightly imprisoned, and condemned to the sufferance of so greatly infamous and extreme punishment? What need was there never to release them of their durance, no not after their trial before the two Cardinals, until such times as his Holiness had confirmed the authority by his Breve? What need was there that in the very grant of the prisoners liberty, they must be enjoined under heaviest penalties to departed the city within twelve days, and that the days of the one must be expired too, ere the other might be enlarged, or set foot out of the College? What need was there that the prisoners being to be exiled and confined, might not yet (as they instantly desired) be confined together in one place or province? In fine, what need was there that our two brethren might not at least going both one way for many hundredth of miles to the places assigned of their confinement, could nevertheless upon their instant desire be suffered to take comfort one of the others company, being both Priests, in so wearisome, dangerous, and desolate a journey?  
Undoubtedly these & other like usages insinuated something: they had their meaning: fa. Parsons is wise, and therefore how little soever his complexion inclineth him to pity, yet he would not show the like extremities for manifesting his inclination and potency only. He devised the platform of the government: our brethren disliked it. Enough: Or if we should add more, what must we say? The authority being a bird of fath. Garnet and father Parsons own hatching, and the man whom they promoted thereunto of their own choosing: also the form of the subordination creating themselves in truth and underhand, the appointers of the Archpriest, the designers of the Assistants, the makers of our laws, the dispensers, the disposers, the directors, the commanders, and our great masters in all things. Their stomachs were too great not to have the subordination to go forward, howsoever father Parsons his soul lay at pawn in the Interim, as well for his usage towards our two brethren, as also for abusing therein of the Sea Apostolic.  
Neither among so many strange wonders, could we marvel at any thing more, than what the cause or drift might be, why father Parson's coming on a time from his Holiness, told one of the prisoners 
M. Charuock  that he had never so much ado, as to persuade his Holiness, that he and his fellow Agent were Catholic Priests and not heretics; a thing as father Parson's avowed, which his Holiness would not believe of a long while. O good God, to what times are we reserved to live in, either for that so unjust an information should be given to the highest Pastor against virtuous Priests, or that an ancient religious man, should in such sort gloze and counterfeit? For it cannot be possible, if his Holiness stood so conceited, but that very impious untruths and with greatest colour of truth were inculcated to his Holiness, ere his practised and aged judgement could entertain and ground so bad an opinion of English Priests, as they coming so far off unto him, should be of any other religion than Catholic.  
Two Priests to come out of England to Rome, and purposely to his Holiness Chair, and in a message and supplication from Priests: whereof a good many were then, are now, and had been a long while in durance for the Catholic cause, and in an affair merely belonging to the Roman Religion, with a priest readiness also to follow and obey his Holiness order in the same, as under their booke-othes they assured, are (we trow) no tokens of heresy, but ablest demonstration of convincing the contrary.  
What should then be the cause that his Holiness was possessed with so hard an opinion against them, and consequently against us all, from whom, and in whose names they came? Was it the matter they came about? Impossible, if right information had been given: because they came only to understand the truth concerning the institution of the new authority, and to open to his Holiness wisdom, our difficulties about the same: and to acquaint him with the spiritual wants of our country, with humblest petition for supply. Cardinal Caietane (who had most cause to stretch the action to the hardest sense against us, in that it might bear some semblance of an opposition against his ordinance) & Cardinal Burghesio openly acknowledged at the time when our two brethren appeared before them, sitting in judgement upon their cause, that they could not find fault with the intention and matter they came for. And if the intention & matter were lawful or not justly to be blamed, as both their Graces affirmed, let our adversaries tell what might the trespass be, why his Holiness mind was so greatly averted, or rather his holy zeal incensed?  
The messengers were reported, the one to be a Maultster and a Horse-courser, the other for an incontinent person. O tongue liberty whither runnest thou? O father Parsons how credulous are you in bad matters? Let but this latter be proved, notwithstanding you said (who perchance counteth such a saying no bad policy) that a Priest swore it, and two other Priests took their oaths that they heard him swear it, and we do all here yield ourselves without further conviction to be traitors to God and his Church, and crave the faggot.  
There was a nightcap with a border of black silk two fingers deep, a dozen of silk points, fine socks, a sword, and a dagger found in their chambers, and matter of much good sport made thereat: father Parsons the chiefest doer, having now forgotten how himself went attired when he lived in England, and how some of his brethren here now go more costly than any Priest.  
The messengers were accused, that they came to Rome to renew the stirs in the College. The apprehension of M. Dudley, M. Barrowes, M. Rouse, and M. Watson: the remove of Fa. Weston, M. Archer, M. Southworth, and M. Pound, from Wisbich to the Tower: the great search made by the Officers for our Archpriest, was laid to their charge, as a complot agreed on before their going, and after executed by us here their confederates. To make the beadroll long enough, it was objected that M. Doctor Bagshaw had a pension of fifty pound a year of her Majesty: that we dealt with the Counsel and took direction from them. The fall of M. Ithell, and the Apostasy of Friar Sacheverill, were laid warmly in their dish, with a long rabble of surmises, what would become of some others if they hold on? Were not these fine exceptions (we appleale to the whole world) or accusations rather? Who would ever think they could have been spoken without a vizard, or objected by any who before had not shaken hands with all shamefastness? Alas alas, whither do unruly humours drive such, as serve them? For could there be grosser tales devised, if one would have fabled for the whetstone? or more infamous slanders coined, if there had been a dispensation granted to forge at pleasure? That these things were laid in the dish of our two brethren, & against us their fellows, it cannot with any truth be denied, or but with the abandoning of a great deal of modesty be stood against. For sundry Letters containing the greatest part of the premises, and which father Parsons had the perusing of, and was the inditor or prompter of all, or most of the contents, and which also himself sent open into England, to and for our Archpriest and others to read, are yet extant, and both the priests living against whom the said counterfeit crimes were objected, and who are ready to witness, or if need so require, to depose so much as before is rehearsed.  
But what would we infer out of all these? Verily not that father Parsons did accuse them and us to his Holiness in all the foresaid crimes, for then undoubtedly his manners had been so far discrepant from the etymology of his religious name, as black is from white, or hell from heaven. Nevertheless we cannot but assure ourselves that he or some other (and none but himself hath the office of informership in the English affairs) played a monstrous bad part in inciting his Holiness by untrue and ungodly suggestion to conceive so infinite hardly of our two brethren, as not to be brought but upon long persuasion to think them to be Catholic Priests.  
Now although the reasons, testimonies, and probabilities already alleged may sufficiently declare, what grounds we had to believe that his Holiness did neither command the institution of the new authority, nor was privy to the particulars: yet because we desire to abound in the purgation of our good names (being all that we have to lose, and better then great riches) we will add a few more for fuller 
Proverb. 22.  proof and testimony of the issue.  
It seemed then a matter most improbable unto us, that his Holiness carrying a singular praise for his wisdom and clemency in governing, would ever appoint so barren an authority in our poor distressed Church, as this appeared to be, consisting wholly in a liberty and freedom to punish without the admixture of the least comfort redounding to any thereby. Yea it appeared incredible in our understanding, that his Holiness after so many tokens of favour and compassion towards our miseries, would ordain the like strange and penal government, and not so much as to give us notice thereof from himself by Breve or missive letter: knowing that without such immediate notice or other Canonical certitude, we could neither in discretion, wisdom, nor conscience, admit so mere a burden void of all manner of commodity in our Church.  
When his Holiness made Cardinal Allen of blessed memory, our Superior, he declared it by a Breve, notwithstanding the state and rich deserts of the man, our founder in learning and common parent. 
Note the precedent.  Which precedent and foregoing example, did in a sort command us to believe, that if the new subordination (far more strange and in some points more ample too, than the authority of the good Cardinal) had been the binding ordinance of his Holiness, his pastoral wisdom would in like manner have vouchsafed (specially conferring so large jurisdiction upon a private man, not in dignity before, nor of any mark or reckoning in comparison of the true virtuous, a like wise, and most learned Allen) to publish and attestate such his fact to our Church by a Breve or some other kind of Apostolical writ. And we were alike thorough settled in this opinion, as we reckoned the contrary a plain derogation to his Holiness wisdom, clemency, judgement and compassion.  
Another probability▪ The Constitutive Letter as M. Blackwell read it unto us; directed (except our memories do much deceive us) that the rest of the Assistants who were left to the Archpriest to choose, should be selected out of the number of the ancientest Priests, that had their places of residence in or nearest about London, to the end (as the reason was adjoined) that he might upon every occurrance, have some ready at hand to consult withal. The breaking of which prescript, form and direction, did secure us that the Letter Constitutive was not the ordinance or commandment of his Holiness. For if it had been either, as there wanted not reason to move us, so did we thoroughly presume, that neither M. Blackwell nor the jesuits (in truth the chief Electors) receiving express direction to choose the rest of the assistants among the elder sort of Priests, residing in or nearest about London, would ever have been so venturous, as contrary to the selfe-forme of the Commission, not only to choose two, three, or four of the Assistants, but the whole number of them in places furthest remote from the place assigned. And that such a direction was expressly contained in the Cardinal's Letter, as it was showed unto us by M. Blackwel, M. Charnocke, and myself (who were first of all sent for before him to acknowledge the authority) are ready to witness, and beside the record of both our memories, the presumptions ensuing do not a little seem to confirm the same.  
Anon after that M. Blackwel had chosen the full number of the Assistants, a Gentleman very inward with him in these affairs, brought their names unto me in writing, which when I had read and saw that some of them which were chosen, dwelled in the North, another in Wales, another in the West Country, and others in place far distant, and no one, in or near to London, the place assigned: I demanded why M. Blackwell had not chosen his Assistants according to the direction of the Cardinal's Letter out of the number of the ancientest Priests in and about London. The Gentleman not denying but that the Cardinal's Letter so prescribed, gave this answer: that if M. Blackwell had chosen the Assistants according to the direction of the Cardinal's Letter in and near about London, this inconvenience had followed, that he could not have had, or not so conveniently by much, so ready advertisements from those parts and quarters of the Realm, where he hath now chosen the Assistant, as by this mean (his Assistants there residing) he shall have.  
Which reason how weighty soever it appear, yet because in Delegations, and no less in subdelegation, the 
a Ca Cum dil●cta. de rescriptis, & glossa ibidem. Ca si cui de elect. li. ● & glow. ibidem & glow. in ca Praeterea de off. d●leg. verb. s●●pliter. Panormitan. in ca Cum post, de elect nu● 1. & A●t. Fracodum ca verb. ipso ture. Hostiensis de offici. iud. deleg. nu. 8. Speculum co●. tit. §. 5. n. 1. & alij.  form of the rescript is of the substance of the Commission, and strictly to be observed, and not to be gone from, or what is done to the contrary to be of no force and void in law, as the third, fourth, and fifth Propositions teach. For which respect, and also because the reason alleged in the Cardinal's Letter, for having the rest of the Assistants to be chosen in and near about London, was expedient and very behoveful: we could not think that M. Blackwell or the jesuits would ever (in any such overt & actual manner at least) transgress the direction and selfe-forme of the Commission, had he, or they taken the Constitutive Letter to be the ordinance of his Holiness, and not for the plot of father Parsons, receiving reputation by bearing the Cardinal's name, but the thing itself left wholly to the others order, framing, and direction.  
Another proof or presumption, though not so forcibly concluding, and which time (a good decypherer of matters) hath since discovered, is the appearing of a second form of the Constitutive Letter as we take it, or at least wise of a copy of the Constitutive Letter, subscribed and signed with the Cardinal's hand and seal, as was the Constitutive Letter itself. And that this is true, thus we make plain. The Constitutive Letter which M. Blackwell first showed unto us, bore date the 7. of March, 1598. as himself will not deny, nor can, if he than showed us the true Letter, because the Pope's Breve confirmeth it by that date: and about some four months after the atonement made upon the arrival of his Holiness Breve, myself entreating M. Blackwell for a sight of the Cardinal's Letter, to the end I might once thoroughly see (as wisdom and conscience did require) to what I was bound: he sent me the Letter which is verbatim set down in the beginning of the book, and which was subscribed and sealed with the Cardinal's name and signet: and his name so far as we could guess (for more Priests saw it beside myself) was written also with his Graces own hand. But this Letter bore no date at all, either of the day of the month, or year of our Lord, as I can well prove (if it be denied) by sufficient witnesses.  
And being in this manner infallibly sure that there were two several Letters Constitutive, both attested with the Cardinal's hand and seal, the one with date, the other without date: and therefore not to be said that the Cardinal out of his provident wisdom, sent two Letters of one purport into England, to the end that if one miscarried, the other might come to M. Blackwell his hand: for that a Letter bearing no date, can carry little credence, and consequently not sufficient to work so great and effect as was intended, the erection and establishment of a subordination, both merely penal, and without example from the beginning of the world.  
Hereupon, I for my part do not see the counter-evidence, why M. Charnocke and myself should distrust, or not rather trust our memories agreeing both in one, and little doubt but the Constitutive Letter which M. Blackwel first showed to us both, differed from the other which he sithence sent unto me to read. And not only in the matter about choosing the Assistants, but in another point also more important: which was, that the offenders should dicta causa, be heard to speak & answer for themselves, before condemnation or punishment infflicted: a right that nature and all laws prescribe. I use the Latin words (dicta causa) because I seem and have since ever seemed to remember the very words themselves, which maketh me as in this, so in the former also the less doubtful by much, whether my memory faileth me, yea or no in the said particulars.  
Neither can we yield a reason why fa Parsons or some other might not as well alter the Constitutive Letter in these points, as he or some other altered the sentence of the two Cardinals, Caictane and Burgheso, in the exile & confinement of our two brethren. And that their honour's sentence was altered in the copy, which was sent into England by fa. Parsons (unless some other besides fa. Parsons writeth to our Archpriest of such matters) & which M. Blackwel read to M. Much & me, & showed the same to others, is so apparent a truth, that M. Blackwell can in no sort deny it. The sentence in the original was, that in virtue of holy obedience & under censure of present suspension from divine offices, they should not (pro tempore for a time) presume to go into England, Scotland, or Ireland without the express leave of his Holiness or the Lord Cardinal Protector: but in the copy it was thus changed, that under the foresaid censure they should not presume to return or go into any of the said kingdoms for the space of ●. years. So that the words (pro tempore for a time) in the original signifying an indefinite space of time, were altered in the copy which was sent into England, went here currant & none but it, into a determined & set space of time, contrary to the words of the original, and more than could be collected out of the tenor, nor the sentence ever so interpreted to our brethren on whom it passed.  
Now if fa. Parsons dealt thus boldly in the sentence of the two Cardinals, what reason can be yielded why we should discredit our memories standing upon so many presumptions, rather than think that fa. Parson's would strain courtesy to change or get to be changed the Letter Constitutive, a device and plot of his own, and whereof he hath the whole managing.  
That which we would add further in this point, is: that his Holiness confirming only that Letter of the Cardinal which bore date the 7. of March, in which the abovenamed particulars were expressed (unless as is said, our memories do wonderfully deceive us, whereof yet we have no more doubt than of what we doubt least) it followeth, if so the said particulars were indeed expressed in the Constitutive Letter which his Holiness confirmed, that the election of the Assistants made by M. Blackwell is frustrate, and likewise all such censures and penalties as he hath imposed upon us, otherwise then the form of his Commission gave him authority to do. And consequently resteth bound by the prescript 
2 Ca sin. de ●a●●s. ca sacro de sent. excom. Glossa in ca quo●●m cotra de probation. v b. negligentiam. Navarre in man. ca 25. nu. 12. silvest v'b. index 1. nu. 17. & omnes.  rule of law and conscience to make us rateable satisfaction to the measure of the infamy and damages sustained: great and very great both.  
For proof of the premises Pope Innoccntius the third writeth, 
b Ca C●m dilecta, de rescriptis.  Processum contra formam rescripti attentatum, irritum decernimus & inanem. We define that the Process be of no effect and void which was either begun or proceeded in, contrary to the form of the Commission. The like to this, hath Pope Bonifacius the eight. 
c Ca Si cui de elect. lib. 6.  Si cui eligendi potestas data suit, & juxta traditam sibi formam non eligerit talis electio non valet nec robur obtinet firmitatis. If power of electing be given to any one, and he shall not choose according to the limit or form prescribed, such an election is void (
* Glossa. Ibidé ●●b. valcre.  ipso iure) and retaineth no force.  
Now, that he who receiveth Commission to cl●use for such a cause, such persons to his Assistants, as have their residences at such a place, breaketh the form of his Commission if he choose them otherwhere. there can be no question made thereof, and consequently the 
d Panormit. in ca prudentiam de ossi. iud deal. n●. 5. & Ant. F●an. in ca cum post deelectione.  act he doth therein is of no validity, nor can bind any one to take them for Assistants.  
The third and last principal reason, why we could not think the new subordination to be the ordinance of his Holiness, or appointed by his commandment, was in respect of the rigours it contained, a note farthest removed from his Holiness nature, and course of proceeding. For instances.  
First, it appeared incredible that his Holiness tender compassion towards the several and heaviest afflictions that the laws of our Country lay upon us, would to the increase of our burden institute a mere penal jurisdiction in our Church, carrying only power to punish & afflict us more: yea, and in such sort (as we took the case) to punish and afflict us, as not after any condign satisfaction and worthiest amendment, the Superior had authority to restore the offender, 
24 q. 1. ca Si petrus. &. dist. 21. ca inferior. & depaenit. dist. 1. ca verbum. & Silu●ster. verb. Absolu. 1. nu. 3.  to that which before he deprived him of, namely his faculties, the only instrument and mean of doing good to others, and for himself to live by. For although in Censures of holy Church regularly he that hath authority to bind, hath also authority to lose, and contrary wise he that hath authority to lose, hath authority to bind: yet it followed not at least in our understanding (the taking away of faculties being no censure) that because the Archpriest had authority given him to take away faculties, granted by whom or whensoever, therefore he could give or restore them again, after he had once taken them away, in regard his authority being delegatine and after a prescript form it could not (at least as we thought) be extended beyond the cases expressed. And therefore no express signification being made of any such authority in the Constitutive Letter, that he might restore again all such faculties as he had for any cause taken away, we thought the subordination to be much more rigorous or defective in this point, then that it could be the ordinance or commandemement of his Holiness.  
A second instance. It appeared incredible that his Holiness bearing so great commendation for mercifulness and lenity as he doth, would nevertheless enact a new kind of punishment for the Priests of our country only, ●ighting in more blood for maintaining the sovereignty of that Chair, than any other Clergy at this day in the world. We presume to say a new kind of punishment for the Priests of our country only, because the ancient and usual manner of punishing Priests in other countries, that show themselves disobedient, unquiet, or stubborn, against their Ecclesiastical superiors, is by imposition of censures, that is by debarring them the use of their Priestly functions, not by taking their faculties quite from them. But in the new subordination, authority is given not only to suspend or debar us from the use of our faculties, but as if that tie and punishment were too slight, or brought not misery enough upon us, we must have all our faculties taken quite and clean from us, given by whom and whensoever. A kind of jurisdiction seldom heard of, and never used upon any Pastors, such as all the Priests in our country are after a sort reputed to be, & so named in the 9 Instruction. Nor was the jurisdiction ever practised in England while good Cardinal Allen lived, but an extremity taken up only since Fa. Par. began to sit at stern, & thereby become more bold to unmask his violent nature. Yea as M. Blackwell now demeaneth the matter, and saith he hath good warrant for it, not only all our faculties must be taken wholly away from us upon due conviction of a fault, but the like prosecution must be made upon us without trial, without proof, without summons, merely at the arbitrary disposition of himself, that is (as the event hath hitherto showed) when & so often as he shall imagine or be pleased to pretend a cause.  
A third instance. We could not believe (the action being without an example in God's Church) that his Holiness determining to make a superior over our whole secular Clergy, would institute no greater a prelate than an Archpriest to take the charge: especially if his Holiness then meant so much, as in his later Breve is since appointed, that he should also be a superior over the laity, as well honourable as worshipful. And not only to govern all the secular Priests residing within the realm, but to govern, direct, and command us if so we do or shall reside in the kingdom of Scotland,  
A scope which convinced our understanding, that the subordination was not the appointment or decree of his Holiness, but some fine descant or politic device plotted by father Parsons for serving some turn appertaining to state matters. We wish it were not so, but it is too plain: for if consideration of matters of this quality were laid aside, what reason can be given that an Archpriest residing in England, should direct and govern his Countrey-priests in Scotland, where also no English Priests at the time of instituting the authority, or since is known to reside? But father Parsons harbouring some watchful bugs in his breast, and forecasting matters a far off, thought it good wisdom to prevent the contingent, which his own fear or surmises suggested, and to forelay what might fall in time: verifying therein the words of our Saviour, The children of this world, are 
Luke 16.  wiser than the children of light in their generation.  
A fourth instance. On the one side it appeared strange, that his Holiness having set so long in the Chair as he hath, and receiving advertisements of the miseries of our Church, could be so little weeting to the state of Priests and lay Catholics in our country, as to think Priests might be removed from one residence to another by authority, and not great and open danger to ensue. And on the other side, if so his Holiness were ignorant of the laws of our country, or did not understand the miseries and dangers we live in, what sin could our prolonging be, of not subjecting ourselves to the new authority, till we had informed his Holiness therein, and showed how inconvenient, nay how dangerous, or truer, how impossible it was for any such jurisdiction to be practised in our country, unless we did wilfully lay open, not only ourselves, but our Catholic friends to the hazards of a thousand jeopardies? Let that point of the subordination, the terms of our realm, and the nature of requisite circumstances be considered together, and the demonstration is made of as much as is averred.  
We will here let pass in silence that one of the Assistants (the jesuits chief solicitor in forwarding this new authority at Rome) was the man, who first suggested that clause of removing Priests from their places of residence to be inserted in the jurisdiction of the Archpriest, alleging such a cause for his good deed, as howsoever his discretion served to tell it, yet our conscience, and fear of prejudice to many, especially if the faculty should happen to be practised as hath been already threatened, will not give us leave to recite it.  
Alexander the third writing to the Archbishop of R●uenna, and pointing out the respect and duty we should bear to the Sea Apostolic, useth these words: Aut mandatum nostrum adimpleas, aut quare 
Ca Si quando de rescript.  adimplere non possis rationabilem causam praetendas. Either regardfully fulfil our commandment, or allege a reasonable cause why you cannot. As if the good Pope would have said, the commandment of the Sea Apostolic, or of any other superior aught to be carefully executed, unless there be a reasonable cause to the contrary. Neither is this a false gloss or an enlarging of the Pope's words, being the same with the written Gloss: Mandatum superioris debet adimpleri vel 
Glossaibidem.  reddenda ratio quare non adimpletur. The commandment of a superior aught to be accomplished, or a reason rendered why it is not accomplished. And in another place: Oportet mandatum Domini Papae 
Glossa in ca cum ten●am●ur de praebend.  adimplere, nisi subsit ratio non adimplendi. It behoveth to fulfil the commandment of the Pope, except there be a cause of not fulfilling it.  
And it is likewise a received doctrine among all 
a D. Tho. in sen. dist. 15. q. 3. art. 4. ad quartum quaest. ad 3. Sil. verb. lex. nu 8 Graff. p. 1. Li. 2. ca 36. nu. 16.  divines, that an exception of reasonable cause excuseth from sin, and is to be admitted in all precepts soever in positive laws.  
A document which our adversaries seem by the nature of their proceed to be little acquainted withal, in that they did so rashly and most wrongfully condemn us, we wot not of how many enormities, without so much as suspending their judgements, till they had heard or inquired after our reasons, or known what we could say for justifying, or excusing our bearing off, by them so peremptorily condemned.  
O Lord, who could think, the contrary being not seen and felt, that men of learning, men of religion, men that must be accounted of a passing mild spirit, would censure, adjudge and divulge that action of ours to be so grievous a crime as they made it, being in his nature no other, than which Popes themselves have decreed to be lawful, and millions of true obedient children have without scruple committed?  
To wade further, be it that we knew the Archpresbitership and the jurisdiction adjoined, to be the commandment, or immediate act of his Holiness, as before the arrival of his first Breve (the whole time of our bearing off) we n● did, nor could win our thoughts to suspect any such matter: what, must it by and by put on the nature of enormous disobedience, and we wot not what else, to defer the accomplishment of the said commandment upon manifest evidence of untrue and most ignominious suggestion expressed in the front of the same Letter, wherein the commandment itself was signified, and alleged also for the chief and sole cause, why the subordination was instituted? Verily if such avouance be thoroughly and uprightly looked into, there cannot but appear in them matter of dishonouring the Sea Apostolic and supreme pastors, as that having made forth their commandments, upon information cannot, or must not, after permit that any delay be made by the subject in executing the commandments, how wrong & detractive soever they shall think, or know, the information to be: than which, what is farther from reason, or can deeper distain?  
But leaving to others to comment upon the paradox, we desire the adversary that can say most in the cause, to particulate the reason, which in our duty and love towards his Holiness, should have moved us to think that his mild and sweet course of proceeding with all other nations, had so marvelously changed itself towards the professant Catholics of our Realm, his oppressed children, as to grant authority to the Archpriest to place and displace Priests in their houses, harbouring them of charity, when but an inkling of receiving any Priest into their house is matter enough to occasion trouble, and the proof or knowledge thereof a sufficient cause utterly to undo them & their whole family. A jurisdiction therefore far more inconvenient & hurtful, than we could any way believe his Holiness ever appointed: nay our understanding gave us that we could not but with breach of bounden duty think that his Holiness would ever assign such a faculty as we for the foresaid cause and prejudice, as also for that it giveth authority to the Archpriest to dispose of the persons of secular Priests, a thing never heard of: yea in the consequence to dispose of our lives too, in regard that all Catholic houses, whither he may remove us, be not alike safe and free from danger.  
What shall we say? We could no way imagine that this so rare & ample jurisdiction came from any other then from the heads of father Garnet and father's Parsons, as bearing the right stamp of father Parson's nature, and sorting with other his forcible policies. For by investing the Archpriest (their own at commandment) with this sovereign kind of jurisdiction, they knew they had a mean always ready at hand, to help when they would, their brethren the jesuits and other their devoted friends to the best places in our Realm, and thereby, to draw to their party such of the laity, as they would feignest have to comply and advance their proceed: First by removing the Priest they keep, if he be thought an impediment thereunto, and after by placing another Priest in his room, who must prepare and win them, in the manner he shall be directed.  
A fifth instance. It seemed most improbable unto us, that his Holiness knowing in what deep disgrace we live with our Prince, and in what utter contempt and scorn with the greater number of our Realm by infinite (and this for no cause more, if for any so much, as for honouring and maintaining the supreme dignity of that Chair) would nevertheless, add this hard favour and increase of dishonour to our other afflictions: as that we should in no change, have the election of our superior, but the Cardinal Protector (a stranger, and who being a chief patron of our oppositors, hath showed himself always a back friend to our party) should without any of our voices, or the least advice taken from us, evermore of himself appoint our Archpriest. A greater disgust than we could persuade ourselves, that his Holiness for the compassion and respect he beareth toward our miseries, would ever show, specially to our whole Clergy.  
And certes we could not reckon this so strange a proviso, but for a cunning devise of they two foresaid jesuits, both to prevent that none might be chosen to the place, but such as themselves should well like, and have the preferring of, and by the intersession and mean of this favour bestowed, evermore to make themselves the proprietaries and commanders of our Archpriest, and have him ready to execute all their designs: punish, remove, disgrace, whom, when, and how they should appoint.  
In brief, the speeches that M. Blackwell himself used not long after the receipt of the Constitutive Letter, bred at that time an assured opinion in us, that the authority he claimed, was not the institution of his Holiness. The speeches were these: [That if we would accept of the subordination appointed, and should obediently demean ourselves thereunto, his Holiness intended, after some trial of our carriage under this form of government, to make Bishops in our Church, and to allow them as large pensions as the revenues of bishoprics in our country amounted to in a Catholic time.] Which words sounding very unlikely in our ears, what could we in reason think, but that, if the authority had been the act of his Holiness, such gross inducements little needed: and consequently the using of them did more and more confirm us, that the subordination was only a platform of the jesuits, put in execution by the Cardinal without any commandment of his Holiness, for erecting the same in particular with the faculties adjoined.  
And to make this of the more probability, there occurred three other special presumptions, the one was certain speeches, uttered by a Signior Assistant: The second, the devising of [Olim dicebamur] for 
A letter of thanksgiving the eighth of November 1599  gathering of names: The third, the order of swearing Priests of the Colleges ere they should have faculties given them for England.  
Touching the first, master Terwit the second Senior Assistant very inward with the jesuits in most of the affairs spoke (as we were told) upon what occasion himself better knoweth, that the new authority, meaning the subordination was but to continue for a year or two, being only procured for curbing master Much and Collington, with a few others. Which words howsoever we deserved them at his hands (as I for my part never saw the man in England but once, and then, but for a dinner while only, when also there passed no occasion to my knowledge, that might conceit him so hardly against me, but rather the contrary) yet they could not but give us cause to doubt, & the more we knew him to be great with Fa. Parsons & Fa. Garnet (the only archcontrivers of the subordination) the better ground we thought we had to believe the speeches, and his words being true, we assured ourselves that the subordination was not the act nor commandment of his Holiness: for then, it could no way probably be in their power to let it die in the time mentioned, as it did easily lie in their power to let it fall at the end of that time, if the subordination were the mere ordinance of the Cardinal his grace, he being so near allied in affection to father Parsons in particular, and to the whole body of the society in general.  
Touching the second. The jesuits or our Archpriest, either, or both advertising father Parsons that some refused to receive the subordination, and excepted against the Cardinal Protector his letter, as insufficient to establish the kind of government it appointed: What did father Parsons but presently invented (as notice was given us) this piece of sinenesse, that forsooth his friends here, the Archpriest and the jesuits, should frame a letter of thanksgiving to his Holiness for instituting of the new subordination in our Church, and procure the subscription of as many Priests hands thereunto as they could. Whereupon a common letter was anon penned for rendering thanks to his Holiness, in making us happy and fortunate through the very great, wholesome 
The words Olympia dic●●am●r.  and singular benefit which it had pleased his Pastoral care to bestow upon us, by commanding our most Illustrious Protector Cardinal Caietane to institute the form of government, now by him erected in our country.  
To which letter (of like for the better drawing on of others to follow) the jesuits who were not within the lists of the subordination, did first of all put to their names. Neither did their charity or forwardness content itself with this, but as, if the blame should have lighted only on them, if any had been slack or neglected the homage, they and their friends spared no labour or persuasion of moving and soliciting others to give their names: yea the business was so effectually prosecuted, as some were made to believe it was sin, others told to be schism not to give their names, and all brought to believe, that his Holiness looked to receive thanks.  
Strange, that the greatest parsonage in the world, an old man, virtuous, holy, humble, wise, cumbered with a thousand affairs, so as he can hardly give audience to hear matters of weight, should look to receive thanks, and in a letter subscribed with two or three hundredth names, and for conferring no greater a benefit then for commanding Cardinal Caietane to institute an Archpriest with jurisdiction only to punish (for at that time master Blackwell had no other authority) such as were before overwhelmed in misery, and every hour in danger of losing their lives, for defending the divine rights of his Papacy, & for maintaining Christ's truth, and the nobliest cause upon earth. And with whose names must this letter be subscribed? with a Catalogue of names of poor Priests, distressed persons, beggars, neither known, nor ever heard of by his Holiness, and distant by more than a thousand miles from him.  
But had his Holiness expected or exacted thanks at the priests hands of our country, yet who would think that our Archpriest and the twelve Assistants, being our heads, and consequently the principal persons in our body, had not been a competent and sufficient number, or at the most with six or ten other of the ancientest Priests, to have joined in such a letter of humbling thanks to his Holiness in their own, and in the behalf of the rest. Or admit it be decorum to subscribe such a multitude of names in a letter to his Holiness, and in no greater affair then to give him thanks, yet the procuring of every Priests name mattered little, but was rather superfluous or a vanity, the rest giving thanks in the person of all, except his Holiness should have taken tale how many by name had thanked him.  
We should marvel if father Garnet and father Parsons did not laugh in their sleeve, notwithstanding themselves were the plotters of the device, when they saw the oversight of our brethren, and how easily most of us were won to give thanks for a subordination, being a staff for themselves, their deputies, and successors, to beat us withal at their pleasure, except we did still sing placebo, and bow down our necks to what yoke soever their enterprising natures thought meet to lay upon us.  
But howsoever they delighted themselves with this, yet if father Parsons were made acquainted with all particulars, he could not but wish that master Blackwell had used some better pretence for suspending three Priests from the use of their faculties, then because they would not upon his command confirm, his authority under their hand 
The words of our Archpriests letter of the 4. of April 1599 which is set down in the book to the Inquisition.  writing, as a certain witness of their obedience, and by putting too their names: the Priests themselves knew not to what, unless it were to [olim dicebamur.] A cause we dare say, that since the beginning of Christianity, there was never Priest suspended for the like. For the subject to be punished because he will not confirm the authority of his Ecclesiastical superior under his hand writing (an exaction of all incongruency, for what inferior can confirm the authority of his superior, that being an office of a superior to the superior) or put his name to a letter of thanksgiving for a new increase of subjection, is a course so contrary to reason and justice, and so repugnant in itself, as it can hardly admit any colour, cloak or evasion.  
Neither in truth do we think that the rendering of thanks to his Holiness was the ground, and true cause indeed why so many names were gathered with like ado: but rather that the impulsive and real cause thereof, was, for that the jesuits having devised the authority to subordinate (as it seemeth) our whole Clergy to themselves by choosing and directing the Archpriest, got the Cardinal Protector to erect the same by his letter, not doubting but that by the place and power of the Cardinal, we would all swallow the hook. But seeing themselves deceived in the conceit, they threw about with speed how they might bear out the action, and in fine maugre the might of such as withstood them, achieve their desire (a desire perchance neither a little nor a short while longed after) & resolved: that a Letter of thanksgiving should be drawn to his Holiness, and as many Priests laboured, as the Arihpriest, themselves, and their friends could prevail with, to put to their names, that so having once gotten their names, fa. Parson's might after use them to his Holiness and the Cardinals, for a proof and contestation of the priests great willingness and applause to the subordination, and that they all with one voice entreated the confirmation thereof: when the truth was that most of those, or rather all (a very few excepted) who gave their names, would never have done it, but upon conceit that his Holiness had already decreed the subordination, and did full hearty repent the folly when it was past, and they saw the policy.  
Lo, the only ground and true cause impulsive and final, and which deeds themselves have since witnessed, of framing (olim dicebamur) of gracing it with the jesuits names in the first rank, and of procuring the subscriptions of Priests thereunto, with greatest expedition, importunity, and with all sorts of postulation. Lo also one forcible motive, which then induced us to think that the subordination was neither the commandment, nor the ordinance of his Holiness: for than what needed the like shifts of descant or so much cunning, or plainer, so guileful a project and prosecution?  
To come now to the other presumption of swearing of Priests, or binding them by solemn promise to obey the Archpriest, ere they may have faculties given them in the Colleges from whence they are sent. Which exaction or constrained oath, we took to be most needless, had the subordination been the ordinance of his Holiness and so known. For who can in reason or with good conscience doubt, whether the Priests that come into England upon zeal with peril of life, to reduce others to the obedience of the Sea Apostolic, would in themselves as ringleaders, first abandon the same by withdrawing their bounden obedience from any Superior, whom they should know, or probably understand to be lawfully appointed overthem? So that the hearing of this exaction, did so little stagger and appall us in our conceived opinion, as it much fortified, and brought us in a through belief, that the subordination was not the act or command of his Holiness. For if it had been, and that it could have been so proved, (as if it had been either, it might most easily have been proved) no doubt but wisdom, love, and charity, in the Rectors of the Colleges would have invited specially father Parsons, both in respect he lived in Rome, when the subordination was granted, and governed all or the chiefest Colleges, rather to have given satisfaction and Canonical sertitude of the subordination itself to the Priests, then through default thereof to leave them doubtful in mind, and oblige their consciences by oath.  
And when was it ever seen, that any much less Priests, the franchised children in God's house, should be compelled to swear obedience, before they knew, or any legal or sufficient proof made binding them to know (as neither was done) that the party to whom they should swear obedience was their superior?  
To shut up this our second reason, we will grant to our adversaries, that his Holiness commanded a subordination, and enjoined the Cardinal most directly to ordain government among us, as to our understanding the same did not appear in any part of the Cardinal's Letter and his Holiness Breve was not then extant (for no sooner was it extant, but that we presently submitted ourselves without the least exception or repugnancy) yet the principal mark and end of his Holiness, being to establish peace, no doubt his blessed fatherhoods will and pleasure was, that such a subordination & form of government should be instituted, as might avail to the making and continuance of peace. Therefore the Archpresbytership accompanied with no benefit at all, but only with jurisdiction to afflict us, as namely to restrain or suspend our faculties, to take them quite away, to remove us from our places of residence, to command what he listeth, and as the authority is now practised to suspend, from use of all Priestly function, to interdict both Clergy and Laity, to multiply Decrees upon Decrees, and in such manner and matter, as if we were no longer the children of the free woman, but of the bond woman, and our state and persons 
Gal. 4.  become so servile, as there remaineth no right in us to resist any injury, defamation, or oppression soever.  
Now if this kind of subordination bringing no commodity with it, but all plenty of discommodities, hurts, and annoyances, be, or could be, a mean to make peace, the motive and end of instituting the authority, or as much as tend that way in itself, or not rather yield occasion of hafting new quarrels, a thing quite contrary to his Holiness design in granting the delegation to the Cardinal: not only our wits and judgements, but common reason also, is utterly eclipsed in us. For we confess, we cannot see how by common reason, it may appear likely to any man of judgement, that peace would follow, or that peace could be any way effected (which the sequel hath hitherto verified) by the erecting of this subordination including the seminary Priests only, while the total mass and life of the whole contention, was not between the seminary Priests among themselves, or between them and the Laity, but betwixt some of the secular Priests and the jesuits, over whom the Archpriest hath so little jurisdiction, as the chief of the jesuits is by a special proviso added to the Cardinal's Letter, joined after a sort in commission with the Archpriest, in that the Archpriest is directed by virtue of the said Instruction, to do nothing of weight, without the privity and advice of the other.  
What more plain, then if two be at variance, the mean of according them by authority, ●e is, nor can be, by having jurisdiction and command over one of them, and none at all over the other, but by carrying authority over both, as our Archpriest doth not.  
Again, what equity or justice, (the parent, Nurse, and preserver of peace,) can any one in reason expect, when he that is most engaged in the difference, and a party also, is appointed Counsellor and adviser to the judge, & the judge prescribed to do nothing of moment without him? Too strange a form of justice, as we thought, for his Holiness to be the setter down of, and so unfit a mean to peace, as what can able and further contention most.  
Touching also the composing of the dissension, pretended to be between the secular Priests and the lay Catholics, this authority appeared in like manner very defective in the means of taking it away, if there had been such a difference, in regard the Cardinal's Letter giveth the Archpriest only authority over the Seminary Priests, and maketh not even the least mention of any jurisdiction or power given him over the laity, as he that peruseth the Constitutive Letter (the true and sole lists of his whole authority) cannot but see.  
Or if any will show themselves to be of so weak judgement, (as once a special Agent of our adversaries did, upon warrantise as he said from father Parsons) as to avow, that the Archpriest holding authority over the Priests, Confessors to the Laity, he holdeth likewise authority over their ghostly children, it were undoubtedly a strange consequence, and which bringeth a new doctrine into the world. For hereby it cannot but follow, that when a religious man (a thing most common) is Confessor to a King, or Pope; the chief of the house or company whereof the religious man is a member, having by the rules and vow of religion jurisdiction over the Confessor: he hath likewise jurisdiction by this reason over the King, or Pope, to whom the said religious man is ghostly father. But let the sequel be good, as in common reason it is most absurd, yet even in this manner the authority is in itself far short of effecting peace. For not all the Lay Catholics, and most probably not such, between whom and the Priests the contention was, or was like to be, are under the charge of the Seminary Priests, but under the guiding of the jesuits, and consequently no whit at all under the jurisdiction of the Archpriest, if the former doctrine were currant, that he that retaineth jurisdiction over the Confessor, retaineth jurisdiction over his ghostly children.  
Further, these that were in this manner under the direction of the seminary Priests, were not, neither would be, nor perhaps could be so tied to continue with them, but that they would leave them at their pleasure, and when they thought good. Nay it cannot be doubted but they, meeting with such an occasion, would not fail to change their ghostly father, and go to confession to the jesuits for ridding themselves from all such authority of the Archpriest. An inconvenience as none greater, and which by likelihood would in short while, set our whole Church on fire. Wherefore the authority of the Archpriest appearing unto us, neither available to the making of peace between the secular Priests and the Catholic laity, if they had been at variance, as it was suggested: neither a mean to atone the debates between the jesuits and the Priests, which was concealed: and his Holiness motive and intent of commanding a subordination to be instituted, being a pious and zealous desire of according all differences, and making perfect peace: it seemed clear unto us, that his Holiness never meant, that this kind of subordination afflicting only, and furthering nothing else but the increase of our miseries, should be brought into our Church: but some other more profitable kind of regiment, that might encourage, strengthen, and support the natural infirmities of man, in these troubles and hot times of Catholic trial. All which considerations and precedent profess, did more than problably assure us, that it could hide neither offence before God or man, and less the crimes objected, to defer our absolute submission, until such time as his Holiness should make known his particular commandment, or ratify and approve the Cardinal's act after some authentical manner.    

The third Reason.  
OUR third reason was, that supposing the information had been true, and that his Holiness had given also a plain, and direct commandment to the Cardinal to ordain an Archpriest with like power and sovereignty over us as is challenged, and that himself likewise had nominated M. Blackwel, & appointed the Cardinal to choose him to the office, and further that all these particulars had been clearly and most expressly set down in the Constitutive Letter, as how little any of them were, the Letter itself doth best testify, and the former reason hath sufficiently showed: yet not knowing these things otherwise to be true, but by the sole testimony of the Cardinal's Letter, we did and do still think, that we were not bound to believe, in such a general innovation and prejudice of our Church, the like untestified, & single relation, without Canonical certitude of such his Holiness delegation to his Grace, or Commission by word of mouth, or other derived authority, in what manner, or under whar title soever.  
For who can doubt, but that it is most meet and requisite, that the greater and more strange the authority is, which is claimed, the more Canonical and evident ought the proofs to be, by which it is claimed. To make an Archpriest superior over the Clergy of a whole Realm, to direct, to reprehend, to chastise, and prescribe as he listeth unto them: to remove them also from their places of residence, the same being in temporal men's houses, and of alms: and not only in this nature to command them, while they reside in the same kingdom with him, but also to hold & exercise the same jurisdiction over them, if so they reside in an other kingdom, governed by an other Prince, and distant by many hundredth miles from the place of the others abode. These are so rare novelties without example in holy Church, as no proves, but such as are legal, can seem warrantable or sufficient enough in the case.  
And because this very point which we are now entering into, is the hardest knot in the whole controversy, & in which the principal issue most lieth, we think good for the more perspicuity of the discourse, first to make a division of the means, by which the Cardinal might receive authority from his Holiness, to constitute such a subordination in our Church. And then, to prove that his Grace's Letter (whether patent or sealed, as to my remembrance it came sealed up according to the Roman manner with a label) was no such proof as could either in law or conscience bind us to admit the subordination appointed without further specialty of such his Holiness Commission unto him, than the credence and testimony of his Grace's Letter either patent or close sealed.  
Touching the first, it seemeth clear that his Grace received authority from his Holiness, to constitute an Arch priest over us, either by way offormall delegation, or by way of Commission by word of mouth. This is so evident and manifest by the tenor of the Constitutive Letter (if a commandment to make peace, be a Commission to institute an Archpriest) that if our adversaries shall gainsay it, they seem not to love truth, but rather to affect contention.  
And if his Grace received authority from his Holiness by way of formal delegation, than his Grace not showing us the Pope's rescript, or a contestified copy thereof for testimony of the delegation, we were not bound by law or conscience, to admit the subordination upon the sole credence of his Grace's Letter patent or close sealed.  
Pope Innocentius in his decision to the Bishop of Baia registered among the Decretals, privilegeth all persons not to believe another to be a delegate, unless he first prove the Delegation: his words be these. 
a Ca Come in iure de offi. delc.  Nisi de mandato sedis Apostolicae certus extiteris, exequi non cogeris quod mandatur. Except thou remain certain of the madate of the sea Apostolic, thou art not bound to execute the thing commanded. But what manner of sureness or certainty that is, here it resteth to be explained, which is here understood by the words (nisi certus extiteris, except thou remain sure.) The expositors both ancient and modern affirm, that to the making up of this kind of sureness, is necessarily required either the sight of the original of the delegation, or at least a contestified copy thereof. 
b In sua Eoclesiastica rep. de judice delegat. nu. 5.  Delegato non creditur dicenti se delegatum nisi id literis probet, idque probare debet per originale, vel per exemplum ex originali solemniter sumptum. Credence (as writeth Zecchius) is not to be given to a Delegate affirming himself a Delegate, unless he prove the same by a rescript, and he ought to prove it by the original, or by an example taken solemnly (that is, according 
c Ca pen. & vlt. d● fide inst. & ca Significavit & ca Albericus de testib.  to order and form of law) out of the original. The very same hath Panormitane touching the means of proving a Delegation. 
d In ca cum in iure de office del. nu. 6.  Mandatum delegationis primo potest probari per orginale: secundo per exemplum solemniter sumptum ex originali. The mandate of a delegation, may first be proved by the original: secondly by an authentic copy of the original. The like do the authorities also conclude that follow. Innocentius, 
e In ca cum olim ●ssemus de privil & excess. priuil. nu 4.  Delegatus non probat mandatum nisi literas ostendat. The delegate doth not prove his madate except he show the letters. Durandus, 
f I. i. 2. de. probationibus. §. 3. nu. 1.  Delegatus nihil potest facere nisi ostendat literas suae delegationis. The Delegate can do nothing unless he show the letters of his delegation. Egidius, 
g Decisione 7. de off. deleg.  Delegatio Papae non potest probari nisi per literas. The Pope's delegation cannot be proved but by Letters. Boverus, 
h Verb. delegatio. nu. 10.  Delegatio potest probari per testes postquam fuerit literatoriè semel praesentata, alias secur. A Delegation may be proved by witnesses after it hath been once showed by a rescript, otherwise not. Bollemera, 
i Conclu. 110. nu. 15.  Delegatus ante receptas literas suae potestatis, non potest uti jurisdictione sibi demandata. The Delegate cannot use the jurisdiction committed unto him before he have received the Letters of his authority. Pope Boniface the eight. 
k In extravagante juncta de elect. §. Sane.  Dicenti se delegatum sedis Apostolicae, non creditur vel intenditur nisi de mandato Apostolico fide doceat oculata. Credence is not to be yielded or his words to be hearkened unto, who shall affirm himself a Delegate of the sea Apostolic, unless by eye-witness he prove the Apostolical mandate. The Gloss, 
l In ca cum in iure, de off. deal.  Nisi delegatus ostendat jurisdictionem suam, non est ei credendum si dicat se delegatum. Except the Delegate doth show the instrument that witnesseth his jurisdiction, he is not to be believed if he affirm himself a delegate. And in another place, 
m In ca 1. de sensibus exact. li. 6. § Postquam verb. in scriptis casu. 25  Scriptura requiritur in Delegato Papae. A Letter instrument is required in the Popes delegate for proof of the delegation.  
All which authorities, and other that might be alleged make the case plain, that neither credence is to be given to a Delegate, unless he prove the delegation, nor that the delegation can be otherwise proved, but by showing either the original, or an authentic thereof, and consequently neither being showed unto us, as our adversaries themselves will confess, we were not bound to believe the delegation. And here we might end this member, save that perchance our oppositors will reply and say, that we take our mark amiss, in regard the party Delegate was a Cardinal, and therefore not tied to make either of the two foresaid proofs, but that his Graces own word was of authority enough to bind us obey the ordinance, without further proof of the delegation or tenor of his Holiness grant. To which we answer.  
First, that Imola and Antonius de Butrio, with sundry others of the 
In ca quod super his. de fide instrumentorun. Ca cum in iure de offi. deleg.  best writers, affirm that the aforesaid words of the Canon (Nisi de mandato sedis Apostolicae certus extiteris, exequi non cogeris quod mandatur: Unless thou be certain of the Pope's mandate, thou art not bound to execute the thing commanded) have their full force and strength, and are to be extended to the estates and personages of Cardinals, and that they as well as other Delegates are bound by this place of the law to prove their delegation, or no tie to ensue. Which is also the opinion of Benedictus Vadus. 
a In repertorio verb. Cardinal.  Cardinalis qui asserit se delegatum, non creditur ei nisi ostendat literas. A Cardinal avouching himself a Delegate, is not to believed unless he show the rescript of the delegation. And it is likewise the opinion of Conradus, 
b Li. 2. ca 2. de Cardinalibus §. 3. nu. 22.  Non creditur Cardinali asserenti se esse delegatum nisi ostensis literis suae delegationis. Belief is not to be given to a Cardinal, affirming himself to be a Delegate, except he show the letters of his delegation. Semblably to this also writeth Felinus, 
c Ca super his de fide instru. nu. 10.  Sicut dicenti se delegatum non creditur nisi ostensis literis, ita nec Cardinalibus. As belief is not to be given to one avowing himself a Delegate except he show the Commission, so likewise neither to Cardinals.  
Again the same author handling this question of purpose: whether a Cardinal's word be sufficient to prove a delegation to himself, resolveth no in the Silogismes following. 
d In ca Super his. de fide instr. nu. 12.  Credere alicui propter eius dignitatem est stare praesumptioni: sed textus in Canone dicit (nisi de mandato sedis Apostolicae certus extiteris exequi non cogeris quod mandatur: Ergo non sufficit juris praesumptio. To believe another in regard of his dignity, is to rely upon a presumption: but the text of the Canon saith (except thou remain sure of the mandate of the sea Apostolic thou art not bound to execute what is commanded:) Therefore a presumption of the law doth not suffice. And in another place in words and sense almost coincident. 
e In ca cum in iure de offi. del. nu. 7.  Vbi requiritur certitudo, non sufficit probatio presumptiva, sed credere dignitati est adhaerere praesumptioni: ergo non satisfit isti 
Gloss. in l. c. de fide instrum.  textui (nisi certus extiteris de mandato sedis Apostolicae exequi non cogeris quod mandatur.) Where a certainty is required, a presumptive probation is not sufficient, but to give credit to dignity, (that is to a Cardinal in respect of his dignity) is to adhere to a presumption: therefore it doth not answer or satisfy this text of the law (except thou remain sure of the mandate of the sea Apostolic thou art not bound to execute what is commanded.)  
What plainer proves can be desired, or which can more convince the authorities being taken out of the best writers in the argument? To descend therefore to the second member.  
If the Cardinal received authority to institute the subordination by way of commission from the mouth of his Holiness only, and not by way of delegation in writing: yet that we were no way bound to accept of the subordination, upon credence of the Cardinal's sole letter, without further proof of such his Holiness commission unto him, we declare and make manifest by the authorities following.  
Panormitane 
a In ca sicut nobis de sententia excommu. nu. 5.  Non creditur Cardinali asserenti aliquid in praeiudicium alterius, & ideo si Cardinalis dicat Papam sibi commisisse aliquid vivae vocis oraculo, tendens in praeiudicium alterius, non crederetur sibi nisi aliter probaret. Belief is not to be given to the word of a Cardinal if he affirm any thing to the prejudice of another; and therefore if a Cardinal say that the Pope hath committed such or such a thing unto him by word of mouth tending to the prejudice of another, he should not be believed, except he otherwise prove what he affirmeth. Filinus 
b In eodem ca  Non creditur etiam Cardinali quando agitur de praeiudicio tertij. Et hoc est adeo verun● quod Papa non potest facere de potestate ordinaria quod credatur uni soli in praeiudicium alterius. Belief is not to be given even to the word of a Cardinal, when a third person is to receive damage thereby And this is so undoubtedly true, as the Pope cannot appoint by his ordinary power, that credit should be given to one only in prejudice of another. Decius 
c In ca causam quae de off. deleg. nu. 25.  Non creditur etiam Cardinali ubi tractatur de praeiudicio alterius. One ought not to believe, no not a Cardinal wherein the prejudice of another is treated. The Doctors of the Rota 
d In decisio 33. de probationib in anti. nu. 1.  Non creditur assertioni Cardinalis nisi circa jurisdictionem eius. The assertion of a Cardinal is not to be believed, but in matter belonging to jurisdiction, rising out of his office and not in other. The additions upon the chapter, quod super de fide instrumentorum in Panormitane 
e Sub. nu. 5. lit. ●.  dicto Cardinalis in hijs quae concernunt alterius praeiudicium non creditur. Belief is not to be given to the word of a Cardinal in matters that concern the prejudice of another. Which Position the foresaid writers prove by several 
f Ca licet. 2. de testibus & 3 q. 9 ca judices.  passages of the Canon law, specially by this that followeth 
g Ca cum à nobis de testibus.  Canonica & Civilia iura sequentes districtius inhibemus ne unius judicis quantaecunque fuerit authoritatis verbo credatur in causis sive super testamentis, sive quibuslibet alijs contractibus quaestio agitetur, salva in omnibus sedis Apostolicae authoritate. Following the Canon and Civil laws we very strictly inhibit that credit be given to the word of one judge of how great authority soever he be in causes whether the question be made upon testaments, or upon other contracts whatsoever, the authority of the Sea Apostolic reserved in all things. Neither is this only an ordinance of the Canon law, Civil, and Nationall, but a Decree beside of nature herself in cases of moment, as witnesseth S. Thomas and his Expositors. 
2. 2. q. 80. art. 2.   
Nevertheless because the Canonists writ in the outer show diversly in this point, some that belief is to be given to the assertion of a Cardinal: other that belief is not to be given: they, meaning in matters not prejudicial: these in matters that bring detriment with them: and in these matters also which bring detriment with them, some writ that a Cardinal his avowance is to be believed, some other the contrary that it is not, the former authors understanding in matters of small or indirect damage, the latter in matters of great and direct prejudice. Therefore to the end that no exceptions be taken, nor place left to counterplead, we think good to annex the words of Navarre, who as he carried a most singular account over all Christendom for learning and sound judgement in his faculty, so doth he open this difficulty and discusseth it far more distinctly than any other, and reconcileth the authors in the differences aforesaid. His words be these. Credendum est Cardinali etiam in preiudicium tertij tribus concurrentibus. 
Lib. 3. consil. de testament. cons. 11. ●u. 8. &. 9  Primum quod testetur de commissis à Papa sibi aut alijs per eum deferrendis. Secundun quod sint solita concedi. Tertium quod non vergant directè in praeiudicium aliorum, sed tantum indirectè & per quandam consequentiam. A Cardinal is not to be believed yea to the prejudice of a third, three things concurring. First that the testimony he giveth be of things committed by the Pope unto them. The second that his testimony be of such things as are usually or wont to be granted. The third, that the things do not redound directly to the prejudice of others, but only indirectly & by a certain sequel or implication.  
Of which three specified conditions, all and every one of them being requisite, the first only is to be found in our case, and neither the second nor third. Not the second, because the subordination which the Cardinal by his Letter Constitutive erected, is not a customary kind of subordination, or which is usually granted, but rather an authority whose like in all circumstances was never granted, as is manifest by that which hath been rehearsed in the second reason. And the third falleth in as little with our case, because living by the use of our faculties, it cannot be, but a very great, direct, and immediate prejudice to be deprived of them, merely at the arbitrary pleasure of another, without juridical proof or lawful conviction of any condign or proportionable demerit. Which prejudice appeareth also by so much the greater or more infinite, as the retaining and use of our faculties, are the ablest, if not the sole means both of gaining and relieving souls, the end why we took Priesthood upon us, a profession in so great dislike and persecution with the state.  
Again, what more apparent prejudice either to Priests or to the Catholic laity, than that authority should be given (the strait condition of the laws of our Realm considered) to change and remove Priests from one residence to another, we being endued with no Church living, nor the lay Catholics bound by as much as the least show of charity, to maintain any one in their houses, but such as themselves shall choose or cast affection unto, in regard they must venture therein the utter losing of all their goods, life, state, & the overthrow of their whole posterity. And neither must they make this venture for a week, two, or three, but must set down their dwelling in the hazards of the casualty, so long as they entertain the Priest, and ever after during their lives, and the laws of the present state.  
Moreover can a separation be made by authority of the Postour from the flock: of the Guide from the charge: of the Priest resiant from his acquaintance and place of abode, and no speeches to grow and be spread thereof? Most improbable. And not much less unlikely is it, but that the walking up and down of such speeches in many men's mouths, will quickly lay open the state of such Catholics from whom they are, and to whom they shall be in such sort removed, to danger, havoc, and ruin.  
Another prejudice, and which doth not so much directly follow upon the subordination, as it is intrinsical and incorporate thereunto, the prejudice being expressly and by special proviso enacted in the Constitutive Letter itself; to weet, that the nomination and choosing of the Archpriest, should not appertain (notwithstanding the large jurisdiction and command he carrieth over all) either to the company of the twelve Assistants, or to the whole body of Priests within our Realm, who are to obey and live under his rules, but that in every change of the Archpriest, either by death, apprehension, leaving the Realm, or other accident, the successor is to be assigned by the Cardinal's Grace only, a foreigner to our nation, aparted by many hundredth of miles from us, a stranger to our affairs, and neither acquainted with all the sorts of our pressures, nor with their measure and quality. Which proviso seemed also the more strait and prejudicial unto us, in respect the Cardinal Protector was like to receive no other information, to direct his honour in the election of the next Archpriest, but that which father Garnet and father Parsons the authors of all our troubles, and the master parties of the one side of the difference, should then again suggest, and rule all in the second, third, and every change, as they did in the election of M. Blackwell, and consequently our poor clergy never lack matter of disturbance, unless we accommodate and prostrate ourselves to father Parson's humour and the direction of the jesuits in all things.  
And here we cannot but wish to God that father Parson's policy and the seeking of himself, would once at length redound more than it doth, to the good of our Church and Country: we mean his cunning policy in preventing that none of our nation come to preferment or credit in the Court of Rome, or have means to inform his Holiness of the true state of matters, but that himself must be the sole agent and informer, or some such his creatures as shall not fail to second his drifts, and run in one and his own currant with him.  
We hope none of judgement, and acquainted with the overruling humour that reigneth in some persons, but will soon affirm the precedent inhibition of debarring us the choice of our own Superior, being so many as we are in number, to be no little or light prejudice, specially if he maturely consider of the reasons that S. Leo the great, giveth in a case not unlike to ours.  nullus invitis & non p●tentibus ordinetur, ne plebs invita Episcopum non optatum aut contemnat, aut oderit, & fiat minus religiosa quam convenit, cui non licuerit habere quem voluit. That no one be ordained over others, whom to have they are unwilling or not desirous, lest the people so constrained either contemn or hate the Bishop whom they wished not to have, & thereby become less religious than is meet, in not being licensed to enjoy whom they desired.  
Neither can we name or report this bar, less than a prejudice unto us, because holy Church herself governed by the wisdom of heaven, hath ordained that every Ecclesiastical congregation and College of Priests should have the choosing of their own Prelate: yea 
Ca 1. de electione, & glos. ibid.  and that the Prelate not after this wise chosen, may be lawfully refused as one promoted contrary to the discipline of Canonical order. Hard, that we being so many in number as we are, and the whole Clergy of a Realm, and neither living all uncollegially through our own default, but by the necessity of the time, should thus, both first and last, and in every change, be deprived of having the election of our Prelate.  
At the first, whiles we lived without a Superior, it might perhaps seem no great disfavour to have a Superior appointed unto us without our assent, or privity, or voice, or advice in the election: but now when we appear in a sort collegiated, by living all in obedience under one Superior, and under a received and set form of government, to have the same measure and disfavour nevertheless continued, yea to have the continuance thereof expressly and by particular caution enacted, it cannot but be deemed a prejudice by any upright judgement, and a much higher disgrace and impeachment to our whole Church, than (as we hope) our long travails, the burden of our poverty, the weight of our other pressures, the daily venturing of our lives for the gain of souls, the store of blood we have that way yielded, the fruit which hath come thereof, and our maintaining the rights of the Roman sea, either have, or by God's grace with our wittingnes ever shall deserve of Peter's Chair, or at the hands of his Holiness.  
Now if our adversaries can answer and show wherein we are mistaken, or how the precedent reasons or authorities conclude not for us, whether the Cardinal received his authority by way of formal delegation, or by way of verbal commission: we beseech them of charity to communicate their knowledge, and we promise them, they shall find us thankful, and most ready to recant our error and ask them pardon.  
And this being proved, that we were not bound by law or conscience (for that cannot be against conscience in which so many approved authors do agree to be lawful) to subject ourselves to the subordination his Grace erected upon the sole credence of his Letter without further testimony that his Holiness gave him Commission to institute the same in specie, with all the branches and faculties: it resteth for clearer remonstrance of the truth and satisfaction of all doubts, that we answer the reasons which our adversaries make for proof that we were bound to believe and obey the Cardinal Protector his Letter, before the appearing of his Holiness Breve in Confirmation thereof.  

ONe of the chief reasons that our adversaries bring for proof of 
M. Blackwell in his 12. questions to the Priests, 14. of March 1600. Fa. Holtbey in his discourse the last of lune 1601. and in the Apology fol. 108. Destatu iii. DD. Card. nu. 9  such our bounden duty is, that his Grace was Lord Protector of our Nation, and the distributer of faculties to Priests in their mission from Rome for England.  
To which we answer: first, of the two dignities Cardinalship and Protectorship abstracted and considered apart each from other, no doubt the title of Cardinalship is the greater, and by so much, that hardly there is any resemblance to be made between them, as is to be seen by comparing the prerogatives together, recounted and laid down by Zecchius in his book de repub. ecclesiastica. And therefore if we were not bound, (as is abundantly proved before we were not) to believe a Cardinal's word in a matter of like prejudice, much less were we then bound to give credence to the word of a Protector in the same.  
But be it for further proofe-sake, and declaration of more our advantages, that the office of a Protector doth in right challenge more belief, then doth the state of a Cardinal, and that the two sovereign dignities and offices meeting and residing in one parsonage, as they did in Cardinal Caietane, could not but impose a straighter bond by much upon us to believe and obey the particulars of his Grace's Letter subscribed and signed with his own hand and seal, than could the like Letter of any other Cardinal, who was not our Protector, nor had the distribution of faculties in the missions.  
To this we say, that the authority of our Protector thus compounded and enlarged, remaineth nevertheless a definite authority, and falleth under the name of authority: but the text of the law above cited is, 
a Ca cum à nobis de testib.  Quantaecunque authoritatis, etc. How great authority soever the affirmer is of, he is not in things hurtful to another to be believed upon the sole testimony of his own word. And 
b Inca. praeterea de dilat. n. 5  Panormitane cited by 
c Verb delegatus nu. 5.  Sylvester writeth, that quantumcunque est persona authorizabilis, what high & ample authority soever the person beareth, he is not in praeiudicialibus in matters of prejudice, to have belief built upon the credence of his own word only. What need more proves? It is very manifest by the unanswerable authority of the text itself above cited, salva in omnibus sedis Apostolicae authoritate, that the privilege of being 
Ca cum à nobis de testib.  believed upon the sole warrantise of his own word in cases of prejudice, is a respect peculiarly reserved and appropriated to the supreme dignity of the Sea Apostolic.  
Or if on the other side, our opponents will, as a principal man among them did once boldly affirm, that the Cardinal did not so much institute this kind of subordination in our Church by virtue of any delegation received of his Holiness, as he did it by virtue & office of his Proterctorship. A conceit that M. Blackwell himself in some of his 
To myself the 8. of August, & to M. D. Bishop, and myself the 17 of Aug. 1598.  Letters, which he wrote incontinent after the receipt of the Constitutive Letter, seemeth to beat about, if not to infer, calling the subordination, Statuta, constitutionem, institutionem, ordinem, prudentissimam provisionem Ill mi Domini Protectoris. The statutes the constitution, the institutions, the order, the right prudent provision of our most illustrious Protector.  
Now if our adversaries beaten from their other holds, will retire (as some of them have, to the succour of this poor shift) alas the fortress they fly too is but a paper wall, a descant fit only to deceive the ignorant. For the office of a Protector consisting (as Zecchius relateth) 
Destat. Ill arum D ●rum Card in. nu. 9  in proposing the elections and other causes of the Province, or Country, whereof the party is Protector in the sacred consistory: and in answering the reasons, doubts, or exceptions, which the Pope, or any of the Cardinals shall there move, touching matters by him propounded, neither did nor could impart like jurisdiction and sovereignty to his Grace, as thereby to institute of himself any kind of government, and much less so strange a kind of government in our whole Church. For why, is there any kind of semblance or society, any alliance or conjunction between authority to propose elections, to prefer the suits of our Country, to yield satisfaction to what is objected in that most honourable assembly of the Pope and Cardinals (the offices of a Protector) and the jurisdiction of erecting a subordination, the like whereof in all points was never heard of in our Church before, if ever any where else in the Church of God? The sequence is so incongruent, that none of judgement will make it, and none but such as are wedded to their own folly, will ever stand therein, carrying no more coherence than that chalk being white, must needs without doubt be cheese, or because the advocate moveth and pleadeth his client's cause, therefore without question he hath authority to determine and give final sentence in the same.  
Touching the other part or member of the reason, that we are bound to admit what Cardinal Caietane assigned, in respect his Grace had the distribution of faculties to our Priests that come from thence, we think no answer fit than silence, in respect it bewrayeth so great shallowness and defect of judgement. For if we were in this regard bound to believe the Cardinal on his word, because he had authority to delegate faculties, it followeth directly, that we are in like sort bound to believe the Precedent of Douai, the rector of the College at Valedolid, father Parsons and so many of the jesuits as have authority to give faculties, upon credence of their own word: yea the ground and respects being one, we are likewise bound if the former reason be good, to believe our Archpriest and his successors, of what bad quality soever they happen to be, upon testimony of their own word, because authority to delegate faculties, is now annexed to the office: and so any of this number may at his pleasute, by borrowing leave of his conscience, innovate, set up, pull down, chop and change what he listeth in our Church, by saying only he had a commandment from his Holiness without showing script or scroll, or other assurance for proof thereof, than his bare word, and we bound forsooth under crimes of greatest infamy, to admit the same and subject ourselves: then which, what greater folly, what fouler distain to the dignity of our Priesthood, or what in his nature or consequence layeth open a wider gap, to let in intrusion, confusion, and all utter havoc both of order and discipline, in the house and Sanctuary of Almighty God, and spouse of our Saviour?   

ANother reason which our adversaries use for confirming their Position against us, is the variety of the testimonies they showed unto us besides the Constitutive Letter, for proof that the subordination was erected by his Holiness privity and command: namely a second Letter of Cardinal caietan's, signifying that his Lordship received a charge from his Holiness to institute the subordination he did: a Letter of the Pope's Nuntio in Flunders: a Letter of Doctor stapleton's, on other of Doctor Barrets, an other of father Bellarmine's, since Cardinal: an other of Doctor Worthingtons': and two other, from our two brethren which went to Rome in the affair, all attestating (as our adversaries are pleased to report) the subordination to be the commandment of his Holiness.  
A fair show, to carry away the vulgar and credulous, but of too light substance by much, to persuade any of judgement, who have but looked upon the Canons of holy Church, were all true that is said, as when the particulars come to scanning, we trust neither all, nor the most part will so fall out.  
And first it is clear by the authority above rehearsed out of Innocetius, Panormitane, Speculator, Felinus, Egidius, Bellemera, Boverus, Zecchius, Conradus, the very choice of both the ancient and modern Canonists, that all Papal delegation especially communicating jurisdiction in penal matters, must of necessity, ere any be bound to obey, be first proved either by showing the rescript of the delegation, or an authentical copy thereof. Neither can such a delegation, justly according to the form of the law be proved by record of witnesses, save when as Boverus noteth, the original hath been showed before, as the 
Verb delegatio. 7. nu. 10.  original of this delegation (if so the Cardinal his grace received authority from his Holiness by way of formal delegation) was never, if ever extant to be showed. Which saying also of Boverus is not generally to be understood in all kinds of Delegation, but in such only, as do not derive a plurality of particular jurisdictions, the contrary whereof the new subordination doth, containing at least ten several jurisdictions, and as many more instructions. For in delegations of this sort, proof is to be made by showing of the original, or an authentic copy thereof, and not by the sole record of witnesses, as after the allegation of 
a In prohemio super, Clement.  Barbatia, the Doctors of the Rota, have 
b Decisione quae incipit, Quod licet Romana curia.  in plain terms decided, & who also quoteth these words of Baldus for ampler proof of the assertion. Gratia Papaefacta super jurisdictione non potest probari per testes. The grace that the Pope giveth communicating jurisdiction, cannot be proved by witnesses.  
And the reason is plain and invincible: for where many particulars 
(c) In ca 1. de allodijs col. 3. in tit.  are delegated, and those undepending one of other, as in the new authority, there the volubility of human memory, and the strict necessity of neither adding nor detracting considered with other circumstances: namely, that words may often bear diverse senses, and do take their limitation and truest exposition from that which went before or followed after in the same Commission, there we say where these thing meet, the proof of the delegation, cannot without suspicion of error be made by report of witnesses, but ought only to be made by showing the original, or a testified copy, as the authors before cited do write.  
Which reason also seemeth as strongly to conclude that the faculties and jurisdiction given to the Archpriest, and particularized partly in the Constitutive Letter, partly in the instructions, and partly in the additions, being many in number, and distinct without dependence each of other, cannot well for the same cause and fickleness of memory, be proved by witnesses, but rather require for due proof the showing and comparing of an authentic note, or abstract of the things in particular, which were granted to the Archpriest or Cardinal by his Holiness, which hitherto we never saw, nor heard tell of, nor, which perhaps was ever extant, notwithstanding the just necessity thereof. Nevertheless we will yield to our adversaries, to the end to make our justification the clearer, and the less impugnable, that the like delegation or commission may be proved by witnesses, though the original, nor any authentic copy were ever showed before. Which was never affirmed by any writer, or ever practised (as we think) no not where oppression and bondage reigned most.  
Yet here we trust that yielding thus much voluntarily, our adversaries will not (an inch so freely and friendly being given them) take by and by an●ell, and think it enough to prove the delegation or commission in general, and not also to prove the tenor in particular. For if this large scope were once in ure and admitted, the next may be to bid all order farewell, as wherein discipline is rifled, tyranny set free, the practice of holy Church turned upside down, and the arrays of all Christian peace and quietness utterly broken: in regard it followeth hereby, that whosoever can prove a delegation or commission, may forthwith encroach and challenge thereupon to order all matters, either out or in his commission, as he listeth, without restraint, limit, check, or gainestanding of any, as having by the former scope authority for his warrant: which is so very absurd, that he scarcely deserveth the name of a man, and less the praise of scholership, who shall show himself so very a babe as once to affirm it.  
And now here we demand, who in the ranks of the foresaid witnesses (which are yet all that our adversaries themselves claim witness of) doth in his record descend to the specifying of any one particular contained in the commission? Let the testimonies be reviewed and compared with the Constitutive Letter, and we are content to make the adversary, who is most against us, our judge in the case. For to begin with the first and take them all in order: The second letter of Cardinal Caietane, which is set down verbatim in the beginning of 
Angles. p. 2. in 4 q. de rest. leg. penal. diff. 1. con. 1.  the book (were it not contrary to the natural form of justice observed among all nations, be they Christians, jews, or Pagans, for any one in the exterior Court to bear witness in his own cause) neither averreth nor specifieth any one particular of his Holiness commission unto him, other than the commission itself in general terms, as all men may be their own informers that will read the Letter.  
Moreover there be certain clauses or points interlaced in the said Letter, which did so little invite us to believe the residue therein mentioned, or what his Grace had written before in the Constitutive Letter, as they most mightily, more than ever before, caused us to doubt of the process. For some part of the contents courteously findeth fault with master Blackwell, for that he had not written to Rome of our manners or actions in so long while, and rendering his excuse, layeth it in his modesty and charity, in that he would not be easily moved to accuse his brethren: a property wherein one of his greatest facilities did, and doth consist, as we then knew, and have sithence more abundantly felt: nor can himself deny this much, and father Parson's letter to master Doctor Bishop of the ninth of October 1599 and the late Apology do verify it apparently.  
Another piece of the letter imposeth a commandment or two upon our Archpriest, both to certify the names, manners, and actions of the tumultuous, and the causes which they pretend of their reluctation, for so the letter termeth us, and the justifiable demand we made for Canonical proof of his Holiness commission, ere we did absolutely engage and subject ourselves thereunto. Injunctions which certes we could not believe nor suspect to proceed from order of his Holiness, notwithstanding so much was expressly signified in the letter. [Nunc tamen S more id postulante, ut informatio debita de omnibus habeatur faciendum tibi erit omnino. Yet now his Holiness commanding the same that due information be given of all, you must needs do it.]  
The reasons why we could not believe or suspect thus much, were: first because his Holiness was at Ferrara three hundredth miles, or thereabout from Rome at the time when the Cardinal's letter was written: for his grace's letter bore date from Rome the tenth of November 1598. and his Holiness married the King of Spain and the Duke of Burgundy at Ferrara on the 12. of the same month, two days after the date. Again, his Holiness for a good while before had not been in Rome, being in his journey towards Ferrara, nor was the Cardinal one of his attendants in the journey. And to think that advertisements of like quality, and small moment, as this business of ours was, passed this while too, and fro, between his Holiness, and the Cardinal, were a very improbable conceit, considering the continual travel of his Holiness, and the hourly access of all sorts of people unto him, and for that his Holiness intended ere long to return to Rome, where the Cardinal might have personal conference with him about the affair, and in time convenient enough, the matter being but only to inquire how a few poor Priests have lived, and to understand from their adversaries the causes they pretend, in dislike of a government already in being.  
And albeit these were the respects which inclined us to doubt whether his Holiness enjoined any such commandment as the letter specified, yet that which indeed far more settled the doubt in our thoughts, was the partiality or injustice, in that our adversaries, and those that made a chief party, and were most interessed in the controversy, should have the certifying of what we could say either in clearing of ourselves, or against them, and so have the telling of both tales, theirs, and ours. Beside, it seemed strange that we being defamed but of one crime (if it be a defamation and a crime to do as the 
Ca si quando de potest. judicis deleg.  laws of holy Church licence and direct when doubt is made either of the commission, or of the specialties therein contained) we must have our manners or actions without any specification of, or in that particular ransacked, and laid open to the world. The first kind of partiality or injustice not tolerated among the Heathens, and the later (if by our manners and actions the course of our life be meant, as the exception taken against the negotiators and other our brethren do verify) as contrary as what may be most contrary to the express Canons of the Sea Apostolic. Inquisitio fieri debet solummodo super illis 
Ca inquisitionis de accusat. § ad haec & ca qualiter el. 2. eodem.  (criminibus) de quibus clamores aliqui praecesserunt. Inquisition ought only to be made concerning those crimes of which some clamorours' reports have gone before.  
That master Blackwell was willed to make inquisition of our manners or actions by way of authority, and consequently by way of inquisition, the words of the said letter do attestate. For the Cardinal having before signified the Pope's commandment to master Blackwell, that he should not fail but send notice of our names▪ manners, or actions, his grace immediately addeth: Quod ut facilius citiusque ex nostrae ordinationis authoritate perficias, hoc tibi caeterisque Presbyteris iniungimus ut statim ac diligenter fiat. The which thing, that you may by the authority of our ordination perform with the more ease and speed, this we enjoin you and the rest of the Priests, that it be forthwith and diligently accomplished.  
But the most we would infer of the premises is, that these things being part of the contents of the Letter, and sounding so hardly both against the common form of justice, & the decrees of God's Church, we could not imagine, either the same to be written by any order received from his Holiness, or written at all by the Cardinal, but we took the letter for an extravagant of father Parsons, subscribed by the Cardinal without perusing it before, only upon confidence of father Parson's judgement and sincerity in managing the affair he had begun. Nevertheless we can but muse, why father Parsons would have other men's lives and actions informed, when if his own life and disposition were unripped, they would perchance bring as little edification to the world, as the life and transgressions of some other. But the old saying is, Non videmus manticae quod in tergo est, we do not see the part of the wallet that hangeth behind, where, father Parsons of likelihood (as this his forwardness should show) hath bundled up the frailties of his own life, and there keepeth them without looking on them, and thereby cometh to have leisure and appetite to gaze upon the life and carriages of some of the secular. But to proceed in examining the rest of the testimonies.  
Secondly his Holiness Nuncio in Flaunders in his Letter to master Blackwell, and which our adversaries allege as a testimony against us, made no mention at all of the tenor of the commission, nor of any particular that should be contained therein. Our adversaries themselves will not deny this, or if they do, we must say there is no truth in their words. The whole that his Lordship's letter can be drawn to make against us, or to testify for them, was in that his honour writing to M. Blackwell, wrote unto him by the name and title of Archpriest: which also happened (as we think) through this occasion. After father Parsons had won the Cardinal to solicit and erect a subordination in our Church, the like as himself thought fittest, he sent a copy of the Constitutive Letter to the Nuncio in Flaunders, and to others there to read. Whereupon the Nuncio seeing master Blackwell to be constituted Archpriest by the Cardinal, gave him also that title. And what is this for proof of the commission, specially for proof of the tenor, the thing which is to be witnessed (as is declared before) or else what is witnessed to be little worth?  
Thirdly touching the testimony of D. Stapleton, the most and all that he wrote to the Nuncio concerning the authority of master Blackwell, and which our adversaries lay hold on for reckord against us, was, that his Holiness had made him Archpriest. Which thing also he did neither write by way of affirmance, or to testify so much, but only accidentally by occasion of another matter, to weet, what he thought fittest to be done about master Tempest. For at that time the Nuncio had sent M. Tempest unto him with his accusers to be examined in the points, for which the Cardinal Protector had taken away his faculties, while he was in the way downwards from Rome, and given likewise order to the Nuncio, that he should be stayed in the Low-countries, and not suffered to go into England.  
Now when Doctor Worthington and master Caesar Clement his accusers, had charged him before Doctor Stapleton with as many things, as they thought good, or as their instructions from father Parsons directed, and he had made his answer and purgation thereunto: Doctor Stapleton advertising the Nuncio by letter, how the matter passed before him, & withal giving his honour to understand, what he thought meetest to be done in the cause, wrote: that master Tempest might well be dismissed and suffered to departed into England, and as he should there demean himself, so to receive again his faculties of the Archpriest, whom his Holiness had constituted superior in England. By all which, being the whole sum of that Doctor Sapleton wrote to the Nuncio, what more may be gathered, than that Doctor Worthington and master Caesar Clement, relating the contents of the Constitutive Letter, or showing a copy thereof unto him, which at that very season was newly come to Brussels, and made common to many, the other incidently thereupon inserted in his foresaid Letter to the Nuncio the words above mentioned. Which in no sense can justly be reckoned a testimony, the writer by evidence of all circumstances thinking nothing less in using the words, then as a witness to testify the commission, or that the subordination was the ordinance of his Holiness by what he did say.  
But whatsoever Doctor Stapletons' intention was therein, either to witness or not to witness the subordination, as it could not be to witness it, understanding the same but by report: yet our adversaries themselves will not say, that the good man did particularise or testify the tenor of the commission, or any one jurisdiction contained therein. Or had he rehearsed in his letter some more or few particulars of the commission, as he did not, yet we desire to know, what reason or fatisfaction can be yielded, why he might not as well have erred in relating the tenor (and consequently neither bond, nor wisdom in us to believe his words) as he did in saying that M. Tempest upon desert of his good carriage in England, might have his faculties restored unto him by the Archpriest, when M. Blackwell at that time had no authority at all (as himself both confessed & practised) either to restore him, or give faculties unto any other upon what necessity soever.  
We will not stay here to ask the cause, why D. Stapletons' letter addressed to the Nuncio upon the aforesaid business, was brought over with other like into England, and here showed for testimonies. But although we will not stand to demand the reason hereof, yet we cannot but give all men to know that our suspicion, doubts, and mistrust of the validity of the new authority, were no whit lessened thereby, but very much increased, seeing what mean proves were mustered, and as it were marshaled in the forefront of the army of proves against us.  
Fourthly, concerning the testimony of M. D. Barret, there was yet much less cause why he should be brought for witness, unless the necessity be such, that any thing must serve that can make the least show of sounding against us, we never saw or heard but of two letters that he should write, the one to the Pope's Nuncio in Flaunders concerning matters belonging to Master Tempest, the other to master Blackwell himself. In either of which, no other testimony was given, then that he named master Blackwell Archpriest, and wished that those effects might follow upon the authority, which the author in the institution of the authority intended, without naming who he was. And what we pray could this possibly make to the proof of that which was then in question, and which we stood upon to know after an assured and requisite manner, viz. whether the Cardinal received a commandment from his Holiness to erect such a subordination with like jurisdiction in all points over us. Well, it must needs argue a rich wardrobe, and good proves no doubt to lie in store, where such poor stuff is brought forth for show.  
Fiftly, touching the testimony of father Bellarmine, (of whose letter our impugners seem not to make the least account) first we say that to this day there be very few of our company who ever saw the letter: and for certain, neither of these two, whom Master Blackwell calleth the Princes in the action (and hath sorest punished for defending their own and their brethren's good names against the slanders imposed) ever cast eye thereon, or the same ever sent by any or offered unto them to read, till after the arrival of his Holiness Breve, and our absolute admittance of the authority. And therefore whatsoever testimony it carried, it could little condemn or blame those, that knew no more thereof. But what might the contents be of the letter, or to whom was the same written, and to what purpose?  
The letter was written to father Parsons, in answer of a letter of his, & to do him to understand, that the two English Priests, of whom he wrote unto him, were not as then come to Ferrara, and that his Holiness was much incensed upon news of their intention of coming, and determined to imprison them. Again, that father Parsons needed not to come to Ferrara about that business, in respect his Holiness intended to make no long stay there, & that if in the mean, the two Priests happened to come, he assured that their audience should be put off, till his Holiness came to Rome.  
This for so much as our memory serveth, was the contents of the letter. And now what proof of the tenor or any particular of the commission is there named in all this, no word, or syllable so much as pointing thereunto? Nevertheless we will not gainsay if father Bellarmine wrote such a letter, but that the displeasure which his Holiness is said to take for their coming (if so the cause of his displeasure was their coming and not rather wrong and sinister information) may in some sort not amiss argue that his Holiness was privy to the erecting of the subordination, but it can no way argue that this or this was the tenor of the commission, or these the particulars of the jurisdiction given. A point much more important to be testified, than the commission in general, ere any be bound to render their particular obedience. For being in possession of our particular freedoms, no reason to render them up by constraint (as every bond bringeth a constraint) into the hands of another, before he hath sufficiently and according to law in that matter proved his right thereunto, as was showed at large in the eleventh Proposition. And the same appeareth also plain by this place in the Decretals: Antequam exprimantur res, delegatus nequit jurisdictionem exercere. Before the things be expressed 
C. 1. Pastoralis d● rescript in fi●e.  (wherein the Delegate hath authority) the Delegate cannot exercise jurisdiction: and consequently none bond to obey in the same. And what in this respect is true in Delegations, holdeth also in commissions by word of mouth.  
We omit to lay down the reasons we had of not giving over light credit to what was averred in the Letter, if so it had been showed unto us before the coming over of his Holiness Breve, and our acceptance of the authority. The style savoured little or nothing at all of the temper and mildness wherewith the good religious father was known to abound: Then the Letter was taken not to be of his hand writing: and sithence it hath been acknowledged that it was but a copy, and not the original itself. Again the contents greatly derogated from the native and sweet disposition of his Holiness, as in like measure and without knowing the cause, to be offended with any, for repairing unto him, and much less with Priests coming from a Realm so far off, and so well deserving of holy Church, and in the general cause of many. Lastly the Letter passed through the hands of father Parsons, and some other unto us, whom we accounted of no such integrity, but that circumstances considered, we might in wisdom mistrust lest something therein might be added or altered, for making the famous Clerk to speak harder against us.  
Fiftly touching the testimony of Doctor Worthington: none of us know, or were ever told to this day, what he either said or wrote in witness of the authority or tenor thereof, or in commendation of our delay. Nevertheless let his record be what it can be, we hope by God's grace (when one opponents or himself shall acquaint us therewith) to be able so to answer it, as that it shall neither convict us of the crimes objected, nor of any other faulty transgression.  
Lastly concerning the testimony of our two brethren the negociators of the affair: we marvel why either 
* The 14. of March, 1600.  our Archpriest in his twelve proposed questions, or 
* The last of june 1601.  father Holtby in his discourse, should so earnestly object their joint testimony against us, when the first Letter of all that we received from M. Charnocke, came to our hands together with the Breve, at which time we presently yielded our obedience.  
We do not deny but that M. Bishop in his Letter of the 22. of February 1599 according to the Roman account, which was delivered unto us some seventeen or eighteen days before the receipt of the Breve, made mention that M. Charnocke had written unto us at the same time, but we did not receive his Lettter, before the coming of the Breve, as our Archpriest, father Garnet and some other can witness, if they please to remember themselves. So that what testimony soever M Charnock gave in the said Letter, it maketh little against us, because we absolutely admitted the subordination, and subjecteth ourselves so soon as ever we saw his Holiness Breve, before the reading of M. Charnockes Letter, as the Gentleman can testify who first brought us the copy of the Breve testified with the hands of our two brethren in Rome, M. Bishop and M. Charnoke to be a true copy, whereby it unquestionably followeth, that the breach of promise wherewith father Holtby chargeth us for not submitting ourselves upon certificate received from our two brethren, is an untruth, as there be many more in that Letter-treatise.  
These notwithstanding, let us hear what were the letters and acknowledgements of our 2. hrethrens, by mean whereof they are brought for witnesses, or as a confirmation of blame against us. They both wrote that they heard Cardinal Caietane affirm, that what was done touching the Archpriest, was done by order from his Holiness: & that they heard so much also by others, not expressing the parties names of whom they did hear it. Again that they repent themselves of taking the journey, chief of the inconsideration they committed therein, and that they requested their humble commendation and duty might be done unto our and their Superior the Archpriest.  
Lo the avowances and writings of them both, and which M. Bishop signified in a Postscript only, upon occasion by like, that father Parsons reading his Letter (as he did, and prescribed or approved the points to be treated of, in all the letters that either of them wrote unto us, during the whole time of their imprisonment, which was full four months) and finding that principal Verb (the former signification) missing, he would not, but needs have the said compliments added in a postscript.  
Certes that they repent themselves of taking the journey, being kept before the writing of the Letters eight weeks (from the 29. of of December till the 22. of February, in close and strait durance, under the jay lourship of father Parsons their chief adversary and examiner, was no strange news, and less strange that they sorrowed the inconsideration they committed, which as themselves have sithence expounded, they principally meant in not taking the names of more Priests with them, or in a better form than they did, and specially because they omitted the procuring of the King of France his Letter in their behalf to his Ambassador in Rome, which was promised, and another to his Holiness himself for request of favourable audience in their suit: matter of just sorrow, they smarting after the rate they did for omitting of the helps, upon confidence only of the most behovable and reasonable petitions they were to propose.  
But of what persons, beside the Cardinal his Grace did our two brethren remaining close prisoners, hear that the Archpresbytership, and the faculties adjoined, was the order of his Holiness? Had any of those access unto the prisoners, which lived near about his Holiness, or were often in his presence, and so by likelihood might hear when the commission was given, or after talked of? Were other strangers or their countrymen in the city allowed to come unto them? Were the students of the College licenced at that time to visit the prisoners, and have communication with them?  
No, no, they were alike straightly kept, as they were not suffered to consult or speak with any, nor the one of them with the other. What then? did his Holiness fiscal (who was appointed to examine the prisoners, but not long after surrendered the office to father Parsons) report so much unto them? It cannot be said, because the same man at the end of all their examinations & resifting, told the prisoners (as they both witness) that the subordination was not the ordinance of his Holiness. Of whom then had the prisoners that intelligence? undoubtedly either from father Parsons or father Owen, who only had recourse unto them: relators that must needs have belief given to their words, because the one was a chief deviser of the authority, and his reputation lay in gage to have it go forward: the other, a profiting scholar in father Porsons studies, and his right hand in this busisinesse, as the service following declareth.  
When master Charnocke wrote his letter unto us, by the appointment of the Cardinals for a final end of their durance, as father Owen reported, and father Parsons had the perusing thereof a night and a day, it was brought again unto him by father Owen, with order from father Parsons to add that the subordination erected was the order of his Holiness, who answering he could not write so, because he knew it not, the other replied, that the Cardinal protector said it when he sat in judgement in the cause, and that father Parsons affirmed the same, and therefore he might well and truly write, that to his knowledge the Archpresbitership was the appointment of his Holiness. Whereupon the prisoner being willing to give the fathers the most contentment he could, for his speedier riddance out of prison, promised him to write in so large a manner in that point as possibly he could with any truth, and accordingly signified in his Letter, yet not that he knew the subordination to be the order of his Holiness, but that he heard the Cardinal to affirm it, and also understood it by credible relation of others. The like wrote M. Bishop, and not unlike upon the same persuasion.  
But neither the one nor the other of our brethren, nor the Cardinal Protector in the Constitutive Letter, nor any other, of whom witness is claimed, did ever in the least word affirm that the faculties and jurisdiction annexed to the Archpresbitership, (the only point which was most needful of all other to be descended unto, being the most material, and which alone for the ampleness, rigour, & unusualnesse thereof, caused our delay) were the ordinance or commandment of his Holiness. A thing worthiest of special note, as that most manifesteth the heady violence of our adversaries, and how beyond all colour of reason, they have proceeded in their accusations and outcries against us.  
Now touching the commendation and duty our two brethren sent to be done, to our and their superior the Archpriest: who could think, reading the passage, but that somewhat lay hid, & was insinuated by the words, that they being prisoners in Rome, should as it were, hunt after so impertinent an occasion of calling M. Blackwell their Superior, and direct commendations unto him by that title, when as we were right sure, they both well knew that the Cardinal's Letter made him but Superior over the priests residing in England and Scotland only, and not over any, whiles they lived any other where. And one of them being sithence asked the meaning of the said words, answered, that the authority of the Archpriest, not stretching to any out of England, this clause [so far as I can so far distant] used in the same sentence where he rendered his duty, did show that he wrote it only to make fair weather with father Parsons, and the sooner to get himself released of the imprisonment he endured.  
But would our adversaries indeed understand the truth, how much or wherein our two brethren do either bear witness against us, or condemn our standing off, to yield our obedience until the coming of his Holiness Breve? Let them read M. Bishop his answer to father Parson's Letter, and the censure upon the same, both printed in the English book, and written when they were not in hold, and then tell us the particularities wherein they give testimony against us, or find fault with our delay. In the mean, there are none but must see that all the testimonies which are brought against us, proceeded from one head, & take their whole force from the Cardinal's word, and not from his Grace's word as avowing the particular faculties & jurisdiction annexed to the Archpresbytership to be the command or appointment of his Holiness, but from his Grace's word only that he received a Commission to make peace in our Country, and that following the will of his Holiness he decreed a subordination. We therefore being not bound to believe (specially to obey, as hath been sufficiently proved before▪ the Cardinals word, himself writing and affirming it, we were less bound by all consequence to believe and obey the same related or witnessed unto us by others.  
And here I think good to advertise, touching the report I have made of all the precedent testimonies, that I do not so a●●ow it, as that I engage my word, the report to be in every jot one with the Letters themselves: for this were (the imperfection of man's memory considered) to ground certainty upon uncertainty, especially the time being long since I read most of the Letters, and never read them but once, nor could be admitted to copy them forth: when also I feared no accident less, than that matters would fall out as now they do: or that we should ever have had occasion to prove ourselves no disobedient run-agates from the Church of Rome, or from the supreme Pastor thereof, who with semblable peril of life, and renunciation of worldly preferment, have for many years laboured to reduce other to the sheepfold, and due obedience of the same Church, and highest Pontifex.  
That which I have said is the whole truth of my own thoughts, and as much, and not otherwise then my memory upon best recalling of matter could suggest. If our adversaries will have the foresaid persons to speak more for them, or in another tune against us: let them produce their Letters, and out of them all, enforce the most they can against us. The quality and manner of their dealing with us hitherto doth not put us in hope, they will much spare us: and we on the otherside, have as little fear (truth and sincerity encouraging) but that we shall be well able to free ourselves of as much, as all corners being sought, can be objected in our rebuke. And certes the force of the foresaid testimonies (if such far off speeches from the point, unintended and accidental, may be called testimonies which Pope Calixtus 
3 q. 9 testet. § si debitum.  denieth) will appear very weak, and be most easily avoided, if the ground they stand upon be advisedly pondered. For if any of all the parties, of whom our adversaries claim testimony should be demanded 
4 q. 2. & 3. si testes §. thursdays. ●s idoneus. silvest verb: testis nu. 2.  (Cardinal Caietane excepted, who neither might fitly bear evidence in his own cause) the reason why they so wrote, or what knowledge or certainty they had of the thing they affirmed: would they, or could they truly, yield another reason for such their affirmance, than that they heard it to be so by report, or that they had read the Letter Costitutive? We believe verily no, & how can we believe otherwise, one living at the time of the grant of the Commission in Louvain, others in Brussels, an other in Douai, an other we wot not where, all distant a thousand miles from Rome where the authority was granted, save only Cardinal Caietane and father Bellarmine, since made Cardinal.  
And first, to hear a thing by report, is no good ground or sufficient warrantise, for any one thereupon to witness the same to be true. For the Ecclesiastical Canon hath Testes non de alijs causis, vel negotijs dicant 
3. q. 9 testes.  testimonium, nisi de his quae sub praesentia eorum acta esse noscuntur. Let not witnesses give testimony of other causes or matters, but of those which are known to be done in their presence. And Innocentius affirmeth, that if one bearing witness of a thing, and being asked how he knew it to be so, as he witnesseth it to be: his testimony is nothing worth, if the can render no surer cause of his testimony, then that he heard it by report. Si dicit, ego scio quia sic omnes dicunt, non valet eius testimonium, 
In ca cum causam de testi. & attest. nu. 3.  quia mal●m & insufficientem causam reddit sui testimonij. If the Testis say, I know it, because all men do so report, his testimony is not good, because he assigns too weak or insufficient a cause or ground of the testimony he beareth. And the same holy Father and Pope reputed the glory of the Canonists, hath these words in the 
Nu. 2.  same place: Officium testis est propriè dicere veritatem de ijs quae percipit quinque sensibus corporis. It is properly the office of a witness, to tell the truth of those things, which he knoweth by one of the five senses of the body. Consonant to this is that also which Silvester writeth: Requiritur 
Verb. testis nu. 6.  quod testis testificetur de auditu proprio, scilicet quantum ad sonos, vel devisu quantum ad visibilia, & idem de alijs sensibus, non de alieno: 
* Glos. in l. in s●m. ff. de aqua plwia, arcen.  quia non est propriè testimonium. It is required that a testis should bear witness of the things himself heard or saw, and so the same of other senses, and not of things he taketh by report, because this kind of evidence is not properly a testimony. Neither do other authors new or old disagree in this position. Benintendus 
a Conclu 67. nu. 10.  Testis de auditu non solum non plenè probat, sed etiam non facit praesumptionem sufficientem ad transferendum onus probandi in contrarium: A witness speaking by hearsay doth not only not fully prove, but faileth to make so much as a sufficient presumption of enforcing the adversary to prove the contrary. Again, & which cometh a little nearer and more distinctly to our case, the same author hath these words almost immediately ensuing the other: 
b Ibid. nu. 11.  Testimonium de auditu & relatione alterius nullam facit probationem in negotio de recenti gesto. Testimony given by hearsay and upon report, maketh no presumption in a matter newly done. Speculum 
c Li. 1. de test. § 1. nu. 53.  Testimonium de auditu alieno, s●z. quod audivi dicit non valet. A witness upon hearsay is little worth. Panormitane 
d In ca ex literis de consuetu. nu 4.  Testis interrogatus quo modo scit, debet dicere, quia vidi & audivi. A witness being asked how he knew the thing he testifieth, aught to be able to answer, because I saw it and heard it. For that as Barbatia recordeth 
e Super Clem. in rubrica de elect fo. 97. col. 4  In usu & auditu, fundatur testimonium. Testimony touching mattet of fact, is founded upon assurance of the eye and ear. The author comprising the verdict of the other three senses, under the nobleness and generality of the eye and ear.  
On the other side, if our adversaries shall say, that the above named witnesses or any of them did read the Constitutive Letter, and therefore wrote as they did: we ask them what manner of ground this is, & wherein it differeth from the kind of testimony that followeth? john imagineth that Peter gave him a box on the ear, and thereupon frameth a bill of complaint against Peter: and when he had framed it, showeth the same to sundry of his friends. After, the matter is brought to trial: Peter denieth the giving of the blow, john avers it: the fact resteth to be proved by witnesses. john in this mean while understandeth, that those his friends to whom he showed the bill, have sithence addressed some Letters to certain of their friends, and uttered some words concerning the contents and drift of the bill, and thereupon calleth them to witness, and bringeth their said Letters into the Court: and they coming to give evidence, the judge asketh whether they were present, and did see when Peter gave john this blow: and they answer no. The judge demandeth further▪ what then is it which they can say for testimony of the fact. Marry quoth they, we did read his bill of complaint before the suit was commenced, and thereupon wrote the Letters we did, thinking that Peter had given john the blow. Surely if such a piece of evidence and claim of testimony, being one with that which is brought against us, should come before the judges of the King's Bench, or justices of Oyer and determiner, they might perhaps sport themselves not a little at the folly. But the least cards must be all coat-cardes against us.  
For conclusion of our answer to this second objection, and for a brief recital of that hath been said before in this third reason, we beseech our impugners to consider unprightly and seriously, as before God in the court of their own understanding: first, whether truth, reason, demonstrative practice, and the voice of all laws speak not more for us then for them: nay whether they all do not combine and plead wholly for us, and altogether against them: namely that every delegation must be proved by showing of the Commission or authentic copy thereof, and not by witnesses, especially if the delegation or verbal commission shall impart a many of particular jurisdictions, as this of his Holiness did to the Cardinal with like number of faculties. Then whether testimonies not founded upon evidence of the eye or ear, but grounded only upon report or hearsay, are of any force, or make a presumption in law, in a matter lately done.  
Thirdly, whether it be enough in law or conscience, when a delegation or verbal commission is granted to one, deriving many distinct and several jurisdictions, each bringing their porper and increasing prejudice to others, whether it be enough we say to testify the commission in general, and not for the witnesses to descend to the testifying of the particular tenor of the commission. And if in all these three understanding be convinced by the evidence and proves aforegoing, than we instantly pray them for the love of their own souls, not to be ashamed to confess the truth, and surcease further contention, remembering what the holy Ghost writeth: Est confusio adducens peccatum, & est confusio adducens gratiam & gloriam: there is a confusion that bringeth sin, and there is a confusion that bringeth grace and glory.   

A Third reason that our impugners make against us, and seem in the force thereof to take no small contentment, is, that at our first coming over, we were, and are still believed to be Priests upon our word, without showing our letters of orders, and that folk come to us, without making question either of our Priesthood, or of our jurisdiction to hear confessions: and how then? ourselves being in this sort believed upon credit of our own word, could we refuse to believe our Cardinal Protector, upon evidence of his Grace's letter, hand, and seal? Do we look that others even in that tribunal of losing from sin, should rely upon, and trust our bare word, and use us without scruple in the court of their soul, and we in the sensible feeling and continuance of this supreme credence and favour, so to forget ourselves and our duty, as not to give belief to the word of a Cardinal, of our Protector, of his Holiness Counsellor in all matters incident to the government of the Universal Church? A fault that can no way be excused, and which cannot but condemn us with as many as are wise. Well: let us notwithstanding the peremptoriness of the accusation, have leave to answer and clear ourselves as we can.  
First we desire to know of what kind of fault did this our reproved demeanour condemn us? Not of the crime which was first objected. For to refuse to obey a Cardinal Protector his letter in matter of like prejudice, and in authority derived by commission from his Holiness without further proof, than his Lordships own letter for testimony thereof, hath no more affinity with that crime, then white hath with black, or things that are lawful with things unlawful. Of what other offence then, did our foresaid demeanour condemn us? Forsooth of enormous disobedience. What, is the matter so certain? Yea. Then against whom immediately did we commit this enormous disobedience, against his Holiness, the Cardinal, or master Blackwell? Not immediately certes against his Holiness, because there is no disobedience, and much less that, which can be called enormous, 
a D. Tho. 2. 2. q. 105. art. 1. cor. Greg. de Vale. ibidem punct 3. Silvester verb anobedientia & omnes.  but consisteth in the breaking of a known precept: and we neither understood at that time, nor did know before we read it in his Holiness Breve, when we presently yielded our obedience, that his Holiness had given commandment for such a subordination to be directed with like jurisdiction as is set down in the Constitutive Letter, ne did the Cardinal any where specify or relate so much. So that we having no understanding of such his Holiness commandment, before the coming over of the Breve, and then submitting our obedience thereunto without any delay, how could our demeanour be immediate and enormous disobedience against his Holiness?  
If our adversaries will gainsay any of the premises, as we hope the evidence of the truth, nor their own consciences will give them leave, it resteth (and it is our request unto them) that they would tell us, when, to whom, and in what form his Holiness gave such a commandment, and that we had also understanding thereof, whiles we detracted to obey the subordination. An issue, which we are sure all the world, nor the Angels of heaven can make true against us, and which not verified, it remaineth unpossible to prove that we were in the action of our bearing off, enormiously and immediately disobedient against his Holiness.  
Not against the Cardinal as our Protector, because we neither knew nor heard that his Lordship was by prerogative of authority, any otherwise a superior to the Priests in England, then as other Cardinal Protectors are over the Clergy of the countries or Provinces whereof they are chosen Protectors. Who neither practice nor claim, as all Christendom is witness, any such jurisdiction over the Priests, as either to ordain new superiorities amongst them, or to have the choosing of their prelate, or to increase the rules of their subjection, or any otherwise to alter the form of their usual government.  
Not against the Cardinal as Delegate or Commissioner, because we were not bound either to believe or obey him in that place, before his Grace had showed us the rescript of the delegation, or otherwise authentically proved his Holiness commission unto him, as hath been abundantly declared before.  
Not against the Cardinal as the distributer of faculties to Priests in their commission for England, because the authority to institute an Archpriest with like jurisdiction as is specified in the Constitutive Letter, was not delegated in that commission, nor ever so claimed, nor yet to this day so interpreted.  
Not against master Blackwell and the twelve Assistants, because we being not obliged (as is said) to obey the Cardinal in regard of the none-proofe of the delegation or commission by word of mouth: we could not be bound to obey master Blackwell or the twelve Assistants, taking their whole authority from the Cardinal. Nemo in alium potest 
Glos. in c. Si. cui de elect li. 6  plus juris transferre quàm ipse habet. No man can transfer more right to another than himself possesseth. And therefore being not bound as is proved before to obey the Cardinal in constituting the subordination, by reason his Grace had not first showed or proved his commission, we rested less bound to obey master Blackwell & the twelve Assistants, because what was defective in his Grace the principal, or of no sufficient power to bind, must needs by all necessary senquell, be as much if not more defective, and of less force to bind in the secondaries, or his Grace's subdelegates.  
Or if now our reprovers shall say that although our detracting to subject ourselves to the Cardinal's order, were neither the crime they first took it to be, nor enormous disobedience, yet the same could not but make us guilty of some other great offence. Of what by name? Surely of the like offence by coherence (the argument being brought à simili, of likeness between matters) as those should commit, who should refuse to believe us to be Priests upon our word, and would not but upon surer proof, use us in that function.  
Now than what kind of offence might this be? To hear Mass, is by the strait condition of our laws, the forfeiture of an hundredth marks: to help a Priest at Mass, or to be confessed of him, is made an act of felony: to relieve, abet, harbour, or maintain him, no less, What fault then not to believe such or such an one to be a Priest, or not to partake with him in Priestly functions, except he know him to be a Priest by other proves, then upon the bare reckord of his own word? Verily the fault is so little, as none of judgement will take it, but for an act of prudence: and the contrary, for a fail of due consideration, if not for a fact of too much adventurousnesse or temerity.  
And our conscience here prompteth that our faultfinders, as full of exceptions as they are against us, ne have, ne will, entertain any one as Priest, and less subject themselves in confession unto him, of whom they shall have no further surety what he is, a spy, or an honest man, than the parties bare affirmation of himself.  
But we wots how our contradictors will reply at last, when all other pretences be taken from them, to weete, that our distrust and prolonging to obey the Cardinal's order, was an injury to his Grace, and could not but derogate from the honour of his high estate. This is the most that we think can be objected, and to this we answer. First, that it is a received proposition in the civil and common law, and reason convinceth, that Non facit alicui iniuriam qui utitur iure suo. 
Ca cum ecclesia de electione & l. iniuriarum § 1. ff. de iniurijs.  He doth injury to no one, that useth his own right. We therefore using no more than our own right in the above mentioned delay (and that kind of right too, which the Canons of holy Church, the uniform consent of all writers, and the general practice over all Christendom, doth absolutely afford and assure unto us) can never acknowledge, that our precedent demeanour, was, or could be possibly, any injury to his grace. For can contraries be both true, or one and the self action, be just and unjust, right to one, and injurious to another? Silvester declaring the Etymology, or interpretation of the word [Iniuria] writeth: Iniuria, est quasi non iure. Injury, taketh her 
Verb. iniuria ante. §. Aristoteles. 5. Ethn. ca 1.  name of a defect of right. And the Philosopher opposeth injury, as a contrary to law or right. So that what is done lawfully, or by good right according to law, cannot without the abuse of the term, be counted an injury.  
Again, the not yielding of that to any man of what high degree soever, which the law of holy Church doth prohibit, or not grant it should be yielded unto him, is neither injury nor the diminishing of reputation. And that our demur to admit the new authority was of this quality, it is plain by the authorities that have been alleged, and will yet appear more evident hereafter.  
Saint Augustine writeth, and his words be registered in the Decrees, 
Lib. 19 contra Faustum ca 25. 14. q. 1. quod debetur.  Peccat qui exigit ultra debitum. He sinneth who exacteth beyond his due. Which without peradventure holdeth as well in points of sovereignty and command, as in matters of worldly substance, if not more, in respect that the abridgement of freedom is more irksome to man, than any mean loss of the goods he enjoyeth. And therefore whatsoever our hard friends be pleased to deliver abroad of his Grace's intention, yet we cannot think that he intended to exact that belief in us, and obedience to the contents of his Letter Constitutive, as upon the sole view thereof (his honour's jurisdiction being a delegatine power) we should incontinent captivate our understanding and bow down our necks to the yoke, without ask for other proof of the delegation and the tenor thereof, than the credence of his own word alone.  
Or if his Lordship had this meaning, as we shall not believe he had, to exact so undue a tribute at our hands, yet that being more than our debt, and repugnant to the order in God's Church, how could our prolonging or not taking his Grace's word for full and sufficient warrantise of what he said, be either sin in us, or an injury to his honour, when the learned writ and the doctrine is received of all men. Quamui● alias iniuria fiat ei cuius dicto credi deberet, si ab eo exigeretur 
Gloss. in institut. Lancelot. li. 1. de confirmatione electionis tit. 9 §. patet, ureb. literas.  scriptura: secus tamen esset in casibus requirentibus à iure scripturam. Although it should be otherwise an injury to exact of him the sight of his commission, whom it is meet to believe upon his word: nevertheless it is not so in these cases, in which by the assignment of the law a letter or written testimony is required. And that the law not only licenseth, but appointeth the proof of a delegation to be made by showing the Delegators letters, the authorities before quoted do very amply demonstrate▪ as also that commission given by word of mouth in matter of prejudice, aught and must be attestated otherwise then by the self and sole avowance of the commissioner, and likewise that belief in cases of 
* Bart. in l. palatinos cod▪ de collation fisc. l. 10. jason. consil. 72. nu. 3. & consil. 104. Alciet. in ca cum contingat nu. 35. de iurciur. Conradus li. 2. ca 2. de Cardinalibus. §. 3 nu 22.  great prejudice is not to be given to the word of a Cardinal.  
But now let us consider of the arguments, that our opponents make against us. The Catholic laity of the Realm (say they) believe us to be Priests upon credit of our own word, without showing them our letters of orders: Ergo we were bound to believe our Cardinal Protector, affirming that he received a commandment from his Holiness, to erect a subordination. Again, the laity believing us to be Priests upon our word, resort in confession unto us without moving question of our authority: Ergo we ought to have subjecteth our obedience to his Grace's order, & subordination appointed without making stay, or demand for any further proof or confirmation thereof.  
Good consequences: whether the antecedents be true or no. What, must the favour we receive of the laity in not examining whether we be Priests or have faculties or no, bring an obligation upon us to obey our Cardinal Protector upon testimony of his own word alone, and not only in things of direct and greatest prejudice, but even in things wherein the laws of holy Church give us leave not to obey? Strange, that the voluntary favour of the laity, and in a case too, wherein themselves receive commodity, as they do by partaking with us in the exercise of our Priestly functions, must be of consequence to bind us to accept of, and endure the foresaid detriments. Surely such favours are less worth than thanks, and such  arguments or fond deductions, fit to be used in a matter of sport, then for condemnation of Catholic Priests.  
To believe one to be a Priest upon the affirmance of his own word, or because he saith so, is no matter of prejudice to the believer, or to any third person: for neither is the believer or any other brought thereby within compass of an enforced superiority, or of having their former liberty abridged▪ and penalties imposed at the arbitrary disposition of their hard friends: but in our case, and supposed obligation, it fareth much otherwise, because the preiudices that attend the Constitutive Letter, are many, and of mightiest prejudice, as hath been declared in the beginning of this reason. And therefore by the rule of common wisdom, stronger and more assured proof was both to be made and expected, for believing the authority and all the particulars thereof, commanding a present subjection, then for believing john Astile to be a Priest, so long as none are bound, but all left whol●y to their own choice, either to hear his Mass, or receive Sacraments, or enter acquaintance with him.  
Moreover the law of human courtesy inviteth to believe the word of another in avowances of no prejudice, the like as this is: to believe john Astile to be a Ptiest so long as there is no band to partake with him in any spiritual or indomageable action; but neither man's law, or God's law, celestial or worldly wisdom, doth prescribe that we should believe another upon warrantise of his only word in matters, that after, will we nill we, bring with them store of prejudice, and a constrained bond of obedience, which evermore and with all persons, is reckoned for most irksome. But on the other side, it cannot be showed any where certain, neither is there any such custom in the Church of God, as that the laity are left free at their own choice, whether to believe or not to believe a Priest to be Priest, unless he first show them his letters of orders, this being an 
a Tit. de Clericis pereg. per totum. dist. 71. & 52. per totum. L●ndwod, const. lib. 1 ca cum quanta de Cler. pereg. Concil. Tredent. sess. 22. Decret. de obseruandis & vitandis in celebratione Missae.  exaction which only belongeth to Bishops and such Curates to make▪ as shall admit unknown Priests to say Mass or minister Sacraments in their Diocese or jurisdiction.  
Or let us grant to our adversaries, that the lay Catholics of our Realm have Pastoral or Episcopal authority to call us to prove our ordination. What may they do? No more certes by the Canons of holy Church, then to examine and call such to this reckoning as be 
b Concil. Tried ubi supra  Vagi & ignoti 
c Lyndwood ubi supra.  de quorum ordinatione non constat, wandering and unknown Priests of whose ordination there is no certainty. Lyndwood commenting upon our country constitutions▪ hath these words: 
d Lyndwod lib. 1. in ca cum quanta de cler. pereg verb. constiterit.  vir been not us & bonaefamae, qui ubi conversatus est, longo tempore habitus est pro ordinato, non cogitur nec per literas nec per testes probare ordinationem suam. A man well known and of good fame, who in the place where he lived was a long time counted a Priest, is not to be constrained to prove his ordination either by letters or witnesses. And Pope Innocentius the third, resolving the doubts which the patriarch of jerusalem moved unto him touching such as came into his Diocese without their Dimissories or testimonial l●tters, writeth: 
e Ca tuae fraternitatis de Cler. pereg.  Nisi legitimè tibi constiterit sive per literas, sive per testes (
f Inter eodem tit.  sive per idonea argumenta) de illorum ordinatione canonica, qui penitus sunt ignoti, non debes ipsos permittere in tuis plebibus celebrare. Unless thou dost assuredly understand either by letters or witnesses, or by sufficient arguments their Canonical ordination who are utterly unknown, thou oughtest not to permit them to celebrate before thy Diocesians.  
Now how can it be conceived, that we are wandering persons utterly unknown, or that our initiation or receiving of Priesthood appeared neither by letters, witnesses, or other able arguments, being trained up as we were in a known Seminary, and taking holy orders by the appointment of the superior, the whole house likewise witnesses thereof, and many of our fellows here in England ready from the eye to attestate the same, the frequent correspondence also between the chief of the Seminaries and others in our country, and almost a weekly intercourse of persons too and fro, with many other pregnant and most forcible presumptions: we ask how it can be conceived, notwithstanding the counterpleading of all these contrary appearances, that we be persons utterly unknown, and by sequel such as may be suspected whether we be true Priests, or but disguisers and miscreants? If our judgement shall be taken in our own case, we think there is little reason for any man to call our Priesthoods in doubt, were our own words of no credit, and consequently the avauncing of the favour we receive in being believed to be Priests upon our own relation without sight of our letters of orders, to be but an idle flourish, and as weak an argument, as what is weakest to prove that we were bound to obey what our Cardinal Protector ordained, without making question of his Grace's authority, or looking for further proof than the testimony of his own word for warrantise thereof; but such truths must have like proves.  
To end all in few words, we ask our adversaries what is our duty to do if the laity shall refuse to believe one, two, or more of us to be Priests, and will not have communion in divine Service and Sacraments with us as with Priests, until we show them our Letters of orders, or shall otherwise according to law prove ourselves to be men of that calling? Will they out of their wisdom, and charity give us other counsel, then to have patience in the interim, and to procure with most convenient speed satisfaction and legal testimony to their doubts and exceptions? No truly: well, than we not holding ourselves bound to admit the subordination upon credence of the Cardinal's word, until such time as his Grace had either showed the rescript of the delegation, or proved his verbal commission, or obtained from his Holiness a confirmation of the authority erected, what was the part of our Archpriest, the society, & their adherents to do in this point? not as ours was in the former, to patiented our bearing off, and procure so soon as they could one of the foresaid proves for our due satisfaction, either a sight of the Commission itself, or an authentical proof thereof, or else some Papal instrument for testimony of that which his Grace had brought into our Church and imposed upon us. It cannot be denied the cases being alike, or rather our case infinitely more demanding that right of justice.  
And if this had been their duty, as the lots changed, it would soon have been proclaimed, than what thanks did we deserve in saving them that labour and charges, and undertaking to our great cost, the discharge of that business for them? We desire not to be our own judges, nevertheless can we think but that our pains therein craved a gentler recompense at their hands, then to imprison those that were sent about the business, and not only to imprison them (a thing never heard of as we think since S. Peter sat first in the Chair, the nature of the affair considered) but to raise most fabulous and sinful reports of them, and dub both them, & us, with the surnames of all impiety, as of faction, emulation, ambition, scandal, rebellion, highest sacrilege, disallegiance to the Sea Apostolic, renegacie from the spouse of Christ, and of what not, implying turpitude in this kind? A strange requital, and so strange, as inhumanity itself could hardly deal less charitably, or more unconscionably with us, had we been jews or Turks, and the only dross of either nation: but our Lord jesus give us ever his grace to possess our souls in patience, and incline our disturbers to reverse at length their most uncharitable slanders, the cause and continuing occasion of all the scandalous broil among us, past, present, and to come.  
We have been the longer in refuting this weak and ungrounded reason, because not only the vulgar, but father Holthy in his discourse of the 30. of june, 1601. and diverse other both of the Laity and Clergy, Secular and Religious, have it most frequently in their mouths, and enforce the objection as a most mighty and choking argument to convince what they most ignominiously burden us withal.   

A Fourth reason that our oppositours bring for proof and maintenance of the crimes they impute unto us, is, the fewness of our number, being as father 
a In his said discourse the 30. of june.  Holthy writeth, but twelve or thirteen in all, or as 
b Doctor Haddock and M Array in the libel dated the 10. of january 1599 & given up to the two Cardinal's Protector and viceprotector against M. Bishop and M. Charnocke.  other make the account but ten: and 
c In his letter to M. Bishop the 9 of October 1599 and in the Apology.  after father Parson's manner of numbering us, much fewer than ten.  
First let us admit that these men writ a truth, as how far their words serve from all truth, it cometh after to be examined, yet we are to demand of them and the rest of our impugners (who think the fewnes of our number, matter & evidence clear enough to condemn us by) whether the cause we stand in be nought in that we are but five, ten, or twelve which defend it. If they say yea, as they must, or else bewray their own reason: then must it follow by force of the same reason▪ that the cause of S. Thomas of Canterbury in defence whereof 
d Gulielm. Neubrigensis lib. 2. ca 16.  no one Bishop adhered unto him in the whole Realm, nay, all subscribed to the Articles he stood against, was treasonable, rebellious, or unlawful: then the cause that Bishop Fisher died for, and the causes that infinite other of great Holiness maintained, having fewer and incomparably fewer of the clergy united to them in open defence of the same▪ then are now, or were at first of our company, were likewise either treasonable, or rebellious, or unlawful: which we are sure our adversaries will not say, and yet they cannot but say it, if they stand to the trial of the reason they make against it, or shall not acknowledge the unsoundness or invalidity thereof.  
For further satisfaction in this point, we refer our adversaries to the daily judgement, which experience maketh the surest confutation of all other; whether the small number of open defendants (especially when the sword of authority is drawn against the matter or action defended, as it is in our case) be a sufficient warranty in conscience, for any one of understanding to infer that the cause they stand in, is wicked or ungodly, or not meet for men of quiet natures, or Priests to be seen in. Verily the question is so clear and demonstrated by daily experience, as he that should make doubt hereof, might not amiss seem to have lived out of the world, nothing being more frequent in the world, then for truth to find fewest defenders, when authority, human favour, and temporal gain be her impugners.  
But to underprop this weak reason, founded upon our small number, father Holthy fortifieth and gildeth the matter in this wise. It is 
Pag. 2. & 5.  well enough known (saith he) that those who received the authority, far exceeded the other, who deferred their obedience, not only in number, being twenty for one, but in all things else, setting their presumptuous minds and busy heads aside. And, it is too too clear, that the refusal came not either of ignorance or infirmity, but of plain malice, of an obstinate will not to obey, and from a proud presumptuous mind and seditious spirit. Also, it is manifest that some of the best among them, were ever noted for busy and seditious spirits, yea no one of their chiefest almost, but he was noted with some particular fault or exception: but among their brethren (who embraced their authority) there were many which lived without touch of discredit, and every way better qualified then any of them. Thus much father Holtby. And father Parsons in the Apology striketh this key oft, as the music perhaps that best contenteth his ear: yet because the untruths in that book be innumerable, and because another intendeth to display them in part, we mean not here to insert any of his course reports, but will return to father Holtby, and demand of him the reason, why, if the ill habits and sins he upbraideth us with be notorious, he did not name the persons he meant, but useth the depraving words in such general manner, as the Reader is left (a condemned 
e Navar. in man.. ca 18. nu. 18.  kind of detraction) to apply them to whom, and to so many as he listeth of our company. Or if the wicked qualities and enormities he objecteth, be not commonly known to reign in us, why did the religious father (he and his complices being the 
f Sotus de inst. h. 5. q. 7. art. 3. Valenti Tom. 3 disp. 5. q. 14. punct. 3.  assailers, and we the party assailed, a material difference and which putteth great odds in the case touching the lawfulness or unlawfulness of revealing secret sins) thus inordinately publish and blaze our dishonours to the world, in addressing the discourse to one, but communicating the same to many ere it came to that one bodies view.  
We expect his answer, and how he will clear himself of both, either being a foul transgression: and in the mean do hold this position, that truth out of what mouth soevet it cometh, aught to be 
g Gloss. in ca quaeritur 2. q. 7. verb. praeponimus.  preferred and not impugned. A lesson of Christian doctrine and which our Saviour in his own fact did not let to manifest in commending the censure of 
h Luke 7.  the Pharisee with a recte iudicasti, thou hast judged aright, albeit he perfectly knew him to be most envious and arrogant. So that how exorbitant soever our natural inclination and qualities be, and with what particular faults or exceptions never so greatly distaining, the chiefest of our company go marked, yet if we maintain a truth, the maintenance is not to be calumniated, either in that we are but few, or because we are (admitting the relgious man's slanders) busy headed, proud, and presumptuously minded, seditiously spirited, and well known to be ever noted with particular faults or exceptions. In which treatise also, the same discrupulous father forbeareth not to condemn us, for not yielding our obedience at first before notice of his Holiness Breve, of (to use is own words) a most grievous and damnable, most enormous, notorious, public and heinous sin, breeding open scandal, and making us infamous for rebellion coming from plain malice, and convincing us to have a seditious and most presumptuous spirit, etc.  
Touching the lesser faults or ill properties imputed, we answer no more, but that we know now who can first throw the stone at us: for 
joh. 8.  it were indecent, or a point of hypocrisy, to twit other with particular faults, except he himself were free. And concerning the criminous, we are to put him and his Superior in mind, that there is 
i D. Tho. 22. q. 62. art. 2. ad 2● Caietanus ibid. Sotus de justitia lib. 4. q. 6. art. 3. ad 4 arg. Navar. in man.. ca 18. nu. 45. Valent. To. 3. disp. 5. q. 6. punc. 5 assert. 1 & 2. Bannes de iure & just. q. 62. ● art. 2. dubit. 8. Petrus à Navar. lib. 3. ca 4. nu. 375. & sequent. Salon. Tom. 1 q 62. art. 2. controu. 20.  satisfaction due unto us, and we demand it, unless he shall prove (to which we challenge him) both that we were culpable in the manner he specifieth, and that the offences were notoriously known.  
Now for the comparison, we are very sure that not all nor the most part in our Realm, do think that M. Doctor Bagshaw, M. Doctor Bishop, M. Bluet, M. Much, M. Taylor, so much inferior as father Holtby maketh them to any of the elder Priests that are of the contrary side: nor yet M. Doctor Norres, M Champney, M. Bennet, M. Drury, second by so great odds to any of the younger sort in any one quality or talon soever: nay rather if the matter were to pass by verdict of most voices, it is certain that father Holtby would be found partial, if not detractious in the comparison.  
And concerning the report that he and others make, and seem to glory much therein, that we were but ten or 12. at most, who stood off, to admit the authority, we say no more but that faith▪ Parsons (through whose irreligious dealing our two brethren were spoiled of their notes and schedules they carried, and which he sent afterwards into England or the most part of them) can witness that there were thrice ten within one who gave their names: whereof some also wrote that there were many more of their brethren, which disliked the form of the government appointed, or rather that they were but few, which were willing to receive it, if they might any way choose. And indeed what one commodity spiritual or temporal, either to Priest or lay person did the authority bring with it, to invite any one of judgement 
Aggredi. Sathanas non dubitavit, ut inter se collideret.  to like thereof: unless apparent preiudices, slander, that the secular Priests and Laity were at great variance, and the mighty increase of our miseries or new servitudes must be counted commodities?  
But howsoever our adversaries do please themselves in our small number, yet there are few in our Realm of any acquaintance with Priests, but know there be more than ten inwardly for us, for one against us. We wish from our hearts that every Priest would show himself outwardly, as he is affected in his thoughts, and then we should little doubt but that our small number (so great a beam of the eye of our cause) would quickly wax the greater part, and the reckoning that our adversaries make of twenty for one, to be on their side against us, would far fall out to be truer in the count for us.   

A Fifth objection which our oppositours make against us, is the grievous condemnation that publicly passed upon us at Rome, by sentence of the two Cardinals, Caietane and Burghesio, and by the contents of the Breve and his Holiness judgement. The avowances of our Archpriest in his decrees of the 29. of May, 1600. & of the 18. of October following, and in his Dimissories to me, and refutories to all the other Appellants of the 20. of December.  
His words in the former decree are these. Whereas after the condemnation at Rome of the two Ambassadors (he meaneth Master Doctor Bishop and Master Charnoke) together with all their complices here, and also the Pope's Breve confirming the Cardinal's Letters, as, Validas ab initio, (that is of force from the beginning) and utterly condemning and invaliditing all things done to the contrary.  
His words in the latter decree, these:  omnes occasio in posterum tollatur, vel minimae litis de hac praeterita controversia commovendae: quoniam ex literis nostrae institutionis datis Romae die 7. Martij 1598. potestas nobis concessa est, de dubijs ac controversis inter nos exorientibus determinandi, eaeque literae à S more D. N. die 6. Aprilis 1599 confirmatae sunt; omniaque & singula illis literis contenta de expresso mandato & ordine, & cum participatione & certa scientia sua facta & ordinata fuisse declarante, adeo ut suum plenarium effectum sortiri & plenissimam roberis firmitatem obtinere debeant: atque irritum & mane sit quicquid secus per quoscunque commissarios aut judices attentari scienter, vel ignoranter contigerit: propterea nos ex authoritrte hac nobis à S more D. N. commissa pronuntiamus & declaramus primas illas literas institutionis nostrae omnes Catholicos in Anglia verè obligasse: eosque quinostrae authoritati scienter quovis modo repugnarunt, verè inobedientes fuisse sedi Apostolicae, & in nostrum officium per eandem sedem institutum rebels.  
The English.  
That all occasion hereafter may be taken away even of moving the least strife of this controversy past, because by the Letters of our institution given at Rome the 7. of March 1498. authority is granted unto us to determine the doubts and controversies that rise between us: and these letters were confirmed by his Holiness the sixth of April 1599 and declaring all and singular the things contained in these letters to have been done and ordained, by his express commandment and order, and with his participation and certain knowledge, in so much as they ought to have their fullest effect, and obtain greatest firmness: and that it be void and of no validity whatsoever shall happen otherwise to be assayed wittingly or ignorantly by what Commissioners or judges soever. Therefore we by this authority committed unto us by his Holiness, do pronounce and declare these first letters of our institution really to have bound all the Catholics in England, and those who wittingly any manner of way impugned our authority, to have been truly disobedient to the Sea Apostolic, and rebellious against our office instituted by the same Sea.  
The words he useth in the dimissory and refutory letters, are these: Manifestum est quod ipsorum progressus etiam ante Breve Apostolicum in gravem condemnationem Romae duorum Ill morum Cardinalium, & etiam suae S 'tis judicio prolapsi fuerint. It is manifest that their proceed (he meaneth our delay and sending to Rome) even before the coming of the Apostolical Breve were sharply condemned at Rome by the sentence of two most illustrious Cardinals, and also by the judgement of his Holiness.  
Were not our deservings very ill if these things be true? Or being untrue, was not our superior forgetful in reporting after this manner, that is: untruly of the Cardinals, unjustly of his Holiness, and most wrongfully against us his subjects and brethren? None can deny it. Let us then examine the matter, and see whether the reports be true or no. And here first we protest that we cannot conjecture the reason why his Reverence calleth master Doctor Bishop, and master Charnocke, two Ambassadors (by which name they are also styled in the Appendix) considering they were imprisoned before they were 
Fol. 22.  heard, and after exiled a part and confined in their exile, a kind of entreaty which was never used by that Sea towards any Ambassadors if towards any other person. To think our Superior used the word as a mock, placing it as he did in a public Decree, seemeth so much or infinitely to derogate from the gravity requisite, as we cannot well admit the thought, albeit we know not what other meaning he could have.  
But to let this pass and come to what is more material.  
After the condemnation at Rome of the two Ambassadors together with all their complices hear] we are very sure that our greatest adversaries themselves will not say that there passed any other condemnation upon our two brethren at Rome or elsewhere, save that sentence only which the two Cardinals Caietane and Burghesio gave in writing under their names, and in this there is no mention made of their complices, nor any word in the whole sentence that can in the least manner sound that way. And to the end we be not our own judges, but that other may see the truth as well as ourselves, the sentence is verbatim set down, and after translated into English.   

R do in Christo P. Rectori vel Vicerectori Collegij Anglorum de urbe. Decretum Ill orum Cardinalium Caietani & Burghesij de causa Gul. Bishopi, & Rob. Charnochi.  
reverend in Christo pater uti frater. Cum audita his d●ebus atque examinata duorum sacerd●tum Anglorum causa nobis à S mo commissa Guli. mmirum Bishopi & Rob. Charnochi, qui sanctitatis suae jussu per menses aliquot in isto Collegio detenti fuerunt, visum nobis fuisset nullo modo causae Anglicanae expedire, ut dicti presbyteri statim ad eas partes revertantur, ubi controversias cum alijs sui ordinis hominibus exercuerunt, idipsum modo, re cum S m● collata, eiusque desuper voluntate iterum explorata, decernendum atque statuendum duximus. Qu●propter praefatis Guli. & Rober, sacerdotibus S ●● suae nostróque nomine ordinamus, ac in virtute sanctae obedientiae sub paena suspensionis à divinis ipso facto incurrendae alijsque censuris paenisque S m● D. N. judicio i●fligendis strictè praecipimus, ut nisi de expressa S ●● suae aut Ill ●● Cardinalis Protectoris licentia, Angliae, Scotiae, vel Hiberniae reg●a pro tempore adire non presumant, sed apud alias Regiones Catholicas quibus à nobis praescriptum eye suit, quietè, pacificè, ac religiosè vivent, curentque tam literis, quam nuncijs, alijsque modis omnibus quibus possunt, pax unioque inter Catholicos Anglicanos tam domi quam foris conseruetur. Quae si ipsi verè ac rebus ipsis praestiterint, citius deinde licentia revertendi restitui eis poterit. Haec vero interim legitimè ab eis observari fidelitèrque executioni mandari praecipimus, ho●que nostro nomine R tia V ᵃ eis significet. Datum Romae ex adibu● nostris die 21. Aprilis 159●.  
R ᵃ V ae Vti frater H. C lis Caietanus Protector. Vti frater C. Card. Burghesius.   

The English.  
To the reverend in Christ, Father Rector or Vicerector of the College of the English in the City. The Decree or definitive sentence of the most Illustrious Cardinals Caietaine and Burghesio in the cause of William Bishop and Robert Charnocke.  
Reverend father in Christ as our brother. Whereas of late by commission from his Holiness we have heard and examined the cause of two English Priests, to wit William Bishop and Robert Charnocke, which have been for the space of some months detained in this College, it appeared unto us to be in no case expedient for the English cause, that the said Priests should immediately return to those parts, where they have been at variance with other men of their order; and now having conferred the matter wi●h his Holiness, and being again certain of his pleasure therein, we think meet to decree and appoint the very same. Wherefore we ordain in his Holiness and our own name, and do strictly command the foresaid Priests William and Robert in virtue of holy obedience, and under pain of suspension from divine offices, to be incurred in the fact itself, and under other censures and penalties to be inflicted at the appointment of our holy father, that without the express leave of his Holiness, or the most Illustrious Cardinal Protector, they do not for the time presume to go to the kingdoms of England, Scotland, or Ireland, but live quietly, peaceably, and religiously in other Catholic countries, where we have assigned them: and endeavour as well by letters, as by messengers, & by all other means, that peace and union be conserved among the English Catholics at home and abroad. Which things if they truly and really perform, their licence to return may the sooner after be granted unto them. But in the mean while we command these things to be rightfully observed & faithfully executed, & that your Reverence signify thus much unto them in our name. Given at Rome from our Palaces the 21. of April 1599  
Your Reverences as brother, H. Cardinal Cai●tane Protector, as brother C. Cardinal Burghesio.   

NOw let him whosoever would soon find a hole in our coat, teach us in what part of the sentence we their complices here are mentioned, or point us to that word in the whole Decree, which can any way justly or colourably be stretched to such a meaning or implication. And if neither of these can be showed, as most sure it is they cannot, how can we with any regard of truth, or moderation of speech be said to be condemned?  
Again delegatine judges of what estate soever they be, receiving authority by Commission from their superior, to hear and determine the cause of s●ch and such persons by name (as did the two Cardinals from his Holiness, as their sentence itself beareth witness) cannot extend their censures & condemnation to any of the said persons complices, not expressed in the Commission, how guilty soever they know them to be. The reason is, because they have no authority nor jurisdiction over them, as the first, fourth and fifth Proposition teach in the second Reason, and may be further declared by this similitude of the cases. The Q●eenes Majesty giveth a Commission to two of her privy Counsellors to arraign john Astile and john Anoke for treason committed: Now we ask whether these privy Counsellors, may by virtue of this limited and particular commission proceed upon and condemn such complices of the said traitors as their honours by sifting matters may find to have had their finger in the treason, without any personal trial or summons of them; for thus also it fared in our case. We assure ourselves that none will say they can, and those that are studied in the laws do knew they cannot; and that the laws of our country (reasons voice) have provided punishments condign for so exorbitant a presumption.  
Furthermore howsoever the condemnation given by the Cardinals upon our two brethren, may be lengthened to reach unto us, yet the punishment imposed (a correlative in a kind to the condemnation, and which cannot but concern all those on whom the condemnation passed) ne did nor could possibly any way agree, or so much as point to their complices here. For this being, that those on whom the condemnation was given should not presume to go into the kingdoms of England. Scotland or Ireland without express leave of his Holiness or the Lord Protector, it could in no congruency in the world appertain to us who were in England long before, and at the same time even to the knowledge of the Cardinals themselves, when their Graces delivered the sentence, if both their Graces did expressly set down such a sentence (as the speeches and carriage of Cardinal Burghesio to M. Charnocke seem in a sort to admit a doubt, lest the inditing thereof were the lefthand work of father Parsons, as the words [in isto 
Pregnant suspicion of father Parsons cloaked dealing.  Collegio detenti detained in this College] contained in the sentence, and the sentence being dated from their Palaces, yield no improbable conceit, together with other grounds touched in the censure upon father Parson's letter to M. Bishop.  
Moreover, if condemnation passed upon us at Rome, as complices of our two brethren, then doth it necessarily follow, that we were their complices in the crime they were condemned for. And what crime was that? for maintaining controversies as the sentence expresseth, with other men of their order. Well, but what kind of controversy did they maintain? and with what men by name? and how came our partaking with them so notorious, as that we might rightfully be condemned (for what was not rightfully done, can never be but injuriously objected) without summons or relation from us, what we could say for ourselves? The sentence doth neither specify what were the controversies, nor name the men, with whom they maintained them. Wherefore it were well, and but the due tribute of charity (considering the infamy that groweth unto us by so public an affirmance of our condemnation at Rome) that declaration were made both what the controversies were in particular. & the names of the persons with whom they were maintained, and also our notorious participation in the same that so our country might be informed of the particular: and ourselves ●ake notice of the offence we committed, which without such help, we cannot hitherto call to mind.  
To say that the controversies, and the persons with whom they were maintained, was the delay which our two brethren & ourselves made in admitting the new authority after sight of the Cardinal Protector his Letter: and in their going to Rome by our persuasion, for more certain knowledge of the subordination, and how fully it was established, and for informing his Holiness, aswell of the inconveniences thereof, as of the needs that abound in our country, were, as we think, to charge the two Cardinals with ignorance or error, or both. For if this were the controversy, and the Archpriest the party with whom it was maintained (as if not, the whole world cannot prove us to be their complices in any other controversy) than we must ask this question: whether M. Blackwell was at that time, when we delayed to subject ourselves unto him so authorized our Archpriest, as we were bound under sin or other bond to admit him before the coming of his Holiness. Breve If he were not, as the foregoing show he was not, and the ensuing God willing shall prove that we could not admit him without transgressing the laws of holy Church, than the non-admittance of him was not to maintain controversies, but to defend, we say not our freedom (though if it had been so, the endeavour had been most lawful and honest) but to defend truth, to shun penalties, and for conserving order and the Hierarchy of God's Church inviolated. Actions which no way approach to that degree of deformity, as to deserve exile and also confinement in exile, and in Catholic Priests, that had many years ventured their lives in Christ his cause, and the banishment and confining therein to be inflicted upon them by personages of Ecclesiastical pre-eminence.  
If on the other side, M. Blackwell was so fully and absolutely constituted our Archpriest, as we could not without sin protract the submission of our obedience unto him: then must we crave pardon to think that the two Cardinals mistook in their sentence, quid pro quo, one kind of sin for another, the less for the greater. For the only and sole cause which their honours allege in the sentence of banishing and confining our two brethren, was for that they had maintained controversies with men of their own order.  
So that if the bearing off to receive M. Blackwel in the authority he claimed, were indeed the maintaining of the controversies which their graces meant in their sentence (as needs it must be if M. Blackwel wrote a truth in affirming us to be condemned at Rome as their complices, we being at no time their complices in any other controversy) then as we have said, their Graces mistook the less sin for the greater, controversy for disobedience, or truer for rebellion: 
a Panorm. in ca s●ne 2. de ofsic. iud. deleg. nu. 4.  rebellion being when one will not obey, or shall impeach the jurisdiction of his Superior: or for a far greater sin, if all be true which hath been objected against us. Neither were their honours, as it seemeth, only mistaken, or spoke improperly in this, but also in another point of like moment, viz. in that M. Blackwell being lawful Superior to our two brethren (as it is supposed) and in many respects of more than Episcopal jurisdiction over them, nevertheless their Graces did not otherwise name or more particularly style M. Blackwell, then by comprising him under the general term of other me of their own order, for so run the words in the sentence, as the Reader may see: nor is there any other cause at all alleged why they were banished & confined, but for that they had maintained controversies with other men of their own order, and therefore not expedient to the English cause that they should anon return to those parts where they had so demeaned themselves.  
Errors of that nature, as it were hard to think their graces would commit, considering their long practice and place, but chief in respect of the unusual and grievous punishment imposed, and for that by this general or improper speech, neither the punished were let to understand the nature of their offence (a default in justice) nor satisfaction given to the world, why so heavy chastisement was taken of Priests coming so far off to the Sea of Rome.  
Considerations which force us to think, that their Graces meant not by the said words of the decree, the controversy which our two brethren had with the Archpriest, in not admitting his authority upon sight of the Constitutive Letter, but the maintaining of some other controversy, albeit we wot not, nor can guess what controversy that should be, or with whom.  
Again the words of the decree are for maintaining controversies with other men of their own order. Which being spoken in the plural number, and none can say that either of our two brethren maintained controversies, or had so much as unfriendly speech with any one Priest (M. Blackwell excepted) in reproof or dislike of his admitting the subordination. Which convinceth except the sentence were erroneously give, that their Graces could not not understand by maintaining controversies with other men of their own order, the difference between the Archpriest and them concerning the receiving or not receiving of the Subordination.  
And to show the advantages that commonly concur with all truth, and do abound in this, we will grant to our adversaries that the Cardinals understood no other controversy in their sentence, then that which our two brethren had with our Archpriest about the subordination, and wherein we were their complices, and that also the punishment inflicted, was such as it might aswell appertain to us as to them (as how merely impossible it was so to do, it hath been declared before) yet what sequence can be inferred either in equity (which is justice tempered with the sweetness of mercy, and evermore challengeth her due place in judgements given by such personages because justice without mercy is cruelty, as S. chrysostom writeth) or in rigour, extending all things to the highest severity that can be? Must the condemnation that passed upon our two brethren be stretched, & needs involve us their complices, neither summoned to the trial, nor named in the sentence, nor specified in his Holiness Commission to the Cardinals, or we otherwise under like authority or jurisdiction of their graces? Certes both reason, learning common sense, and the custom of all Nations, Heathen and Christian do counterpleade: nor all ages, as we think, can yield one precedent from the beginning of the world to this present day, where and against whom any juridical condemnation (as that is maintained to be which passed against our two brethren) hath been in like sort extended, were the persons to 
Dist. 86. siquid 2. q. 1. in multis capitibus & eadem q. 7. ca ipsi & ca testes 15 q. 7. per totum ca qualiter 2. de accusationib. Concil. Trid. sess. 13 de reform. ca 4. 1. Tim. 5.  whom it was extended of never so base calling, and the fact they committed never so notorious and execrable. Circumstances or material points which greatly alter our case: for Popes, Counsels general and provincial, and famous Emperors have decreed sundry privileges for the more just and respectful proceed against men of our function. Yea the holy Apostle for the more reverence of Priesthood, omitted not to give direction likewise in this affair, and the fact also wherein our two brethren were condemned not the most heinous even by that species or kind of the offence, to which the Cardinals themselves ranged, and entitled it by: viz. the maintaining of controversies with other men of their own order.  
It is a received Proposition among the Canonists, and alleged by Pope Innocentius the third, and Pope Gregory the ninth that 
a Ca dilecto de prebend. & dignit. & ca cum snp. r de sent & reiud. & eod ca quamun.  Regulariter alijs non nocet res inter alios iudicata. Regularly a matter passed in judgement between others, hurteth none but the parties themselves against whom the judgement was given. Which saying howsoever it may be understood and limited (as it beareth 
b Vide glo●●a verb. res inter alios, & leg. res inter C. quan. res iudic. non not. & Bald i● margarita, ad inno. verb. sententia & laso. jam li. 1. § ●●ius stadijff. de justi. & iu. & alberi. destatutis part. 3 q. 65.  several exceptions, and hardly can our case though racked never so hardly, be brought under any of them all) yet it is most certain that the prejudice it can bring to their complices or fellows in the action, is but 
c Panor. in ca quamuis des●●. & reiud. nu. 3. & Covarun. a● pract. quaest. ca 13. nu. 4.  a presumption, or at the worst hand, according to the opinion even of those that are most large in the matter, but 
d Bartholus in l. admonend●ff. de iureiur Ant. de Butri. & Imol. in ca sinali supraiureiur.  a half proof.  
And all learning teacheth (judgement requiring a certitude) that not 
e ●eut. 17. & 19 D. Tho. 22. q 70. art. 2. Sotus lib. 5 ●le instit. q. 6. art. 2. Valentia Tom. 3. disp. 5. q. 13. punct. 2. silvest verb. probatio nu. 1.  a presumption only or half proof, but a full proof, that is an evident, clear, & open proof, aught to go before condemnation in matter of crime, such as the edict avoweth & diuulgeth us to be condemned of.  
Or if there were no authority or verdict of general practice to prove that a judgement passing upon certain persons by name, he doth nor can extend itself to the inuoluing of their complices, yet the drift of common reason and the avoiding of several inconveniences ensuing thereupon, would convince no less. For such a consequence and order of justice, once in ure and admitted, none that had fellows in any action (how just and honourable soever the same were) could assure themselves not to be condemned therein, or not fear probably to be condemned, in regard the adverse part might single out one or more of the company (to which attempt such ministering of justice would be a good allurement) and call them to trial who either by error, negligence, or ill pleading, or by underhand packing or cozenage, might lose or betray the cause: and then the judgement given upon them▪ must by this new form of justice involve and condemn all the rest of the partisans or complices, neither cited to appear, nor weeting to the trial, or yet named in the condemnation. An enlargement and subintellection which the 
f 3. q. ●. ca Omnia. ca caveant. ca absent & per totam qu●stionem. ca causam quae, de rescrip. ca 1. & ca susceptis de causa ●oss. & prop. ca dilecto de prab. ca cum super & ca quamuis descent & reiud. Clem de verbor. sign. ca saepe contingit.  laws of holy Church forbidden, and which going once for justice, would soon occasion a thousand treacheries, and put out of joint all the common weals in the world. Which we do not say to insinuate a fault in our brethren, but to show the non scquitur or discoherence of the inference, that because forsooth our brethren were condemned, (upon what unconscionable information father Parson's better knows) therefore we being their complices were also condemned, notwithstanding we were neither summoned, nor privy to the trial, nor named at all in the sentence, nor specified in the judges Commission.  
Panormitane the choicest expositor of the law, giveth several examples wherein the sentence given against one offender, doth not dilate itself and damnify the complice or concurrent in the same fault, as namely 
g In ca quamnis de sent. & re iud. nu. 25.  one being condemned for producing false witnesses, it followeth not thereupon that the witnesses were false. Likewise 
h Nu. 26.  a notary condemned of making a false instrument, doth not infer the condemnation of the party through whose solicitation he did it. Again, 
i Nu. 27.  two brothers by father and mother, marrying with two sisters of like sort, within the degrees of consanguinity, the condemnation of the one brother, doth not extend itself to the condemnation of the other brother, nor indomageth his cause or plea. In brief, the condemnation 
k 2. q. 4. interrogatum.  of the Adulterer, implies not the condemnation of his fellow the adulteress, or the contrary, but the party not confessing the fault is left to his or her purgation. The reason of all which is (as hath been said before) for that conviction might happen to pass upon the suspected delinquent, either by fault of not joining issue well, or by default of unskilful pleading, or by corruption of justice, or by testimony of false witnesses, or by partiality of the judges, or the like. But of this enough, the adversaries assertion being alike weak, and contrary to all form of law.  
To come now to another part of our Archpriests affirmation, viz. that the Pope's Breve confirmeth the Cardinal's Letters, as, Validas ab initio, having force from the beginning, and utterly condemneth and invalidateth all things done to the contrary. First, howsoever some of those particulars may be deduced, as illations out of the Breve, yet it is most clear, that not all, nor the most part of the words are to be found in the Breve. And to the end, that all which we are to say in disproof of these avowances, may the more ealsiy be understood, and that all persons may consider the inferences and manner of proceeding on both sides, we thought good to annex and English his Holiness Breve word for word as exactly as we could.   

Clemens Papa Octaws.  
AD futuram rei memoriam, etc. Inter gravissimas nostrae pastoralis solicitudinis curas, illae de Catholica nimirum religione conseruanda & propaganda praecipuum locum obtinet, propterea quaecunque ad hunc finem mandato nostro per S. R. F. Cardinales gesta & ordinata sunt, ut debitum consequantur effectum Apostolicae confirmationis robore communimus. Nuper siquidem dilectus filius noster Henricus tituli S tae Potentianae presbiter Cardinalis Caietanus S. R. ecclesiae Camerarius, ac nationis Anglicanae apud nos & Apostolicam sedem Protector, pro foelici gubernio & regimine ac mutua dilectione, pace, ac unione Catholicorum regnorum Angliae & Scotiae, ac pro disciplina ecclesiastica conseruanda & augenda de mandato nostro dilectum filium Georgium Blacwellum sacerdotem Anglum sacrae theologiae Bacchalaureum, ob eius pietatem, doctrinam, Catholicae religionis zelum & alias virtutes in Archipresbyterum Catholicorum Anglorum cum nonnullis fac●l●atibus per eum & alios duodecim sacerdotes illius Assistentes respectiuè exercendis per ipsius patentes literas expeditas, quarum initium est, Scitum est atque usu fere quotidiano compertum, etc. Finis vero, vestrisque orationibus me ex animo commendo patres fratresque amantissimi Christi confessores die 7. Martij, anni millesimi, quingentesimi 98. deputavit, 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 ut par est demandari. Et ut illa omnia pleniorem roboris firmitatem obtineant, providere 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 privilegijs, 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 inviolabilis 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 judices ac commissarios judicari definiri debere: ac irritum & inane quicquid secus super his à quoquam quavis 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 octavo.  
M. Vestrius Barbianus.   

Pope Clement the eight.  
FOr future memory of the thing, etc. Among the weightiest cares of our pastoral solicitude, that surely of conserving and propagating the Catholic Religion possesseth the chiefest place: and therefore what things soever are done and ordained to this end, upon our commandment by the Cardinals of the holy Roman Church, we, that they may take due effect, do fortify the same with the strength of a pastorical confirmation. For as much as of late our beloved son Henry, presbyter Cardinal of the title of S. Potentiana, Chamberlain of the holy Roman Church, & Protector of the English nation with us and the Sea Apostolic, hath by our commandment for the happy administration and governance, and for the mutual love, peace, and union of the Catholics of the kingdoms of England and Ireland, and for the conserving and augmenting of Ecclesiastical discipline deputed by his letters patents dispatched, which begin in this manner, (It is known and almost by daily experience found true,) and end after this sort: (And I very heartily commend me to your prayers most loving fathers and brethren, and Christ his most reverend confessors, the 7. day of March 1598. our beloved son George Blackwell English Priest, Bachelor of Divinity, for his piety, literature, zeal of Catholic Religion, and his other virtues to be Archpriest over the English Catholics, with certain faculties by him, and other twelve Priests his Assistants respectively to be exercised, as is more at large contained in the said Letters patents, whose tenor we will have reckoned 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 above mentioned Letters patents, as done and ordained by our commandment and order, and with our participation and full knowledge, to be put, as meet is, in full execution. And being desirous to provide that all these things may have the greater firmness of strentgh we of our proper motion, and certain knowledge, and mature deliberation, and of the fullness of Apostolical power, do by the tenor of these presents confirm and approve with Apostolical authority the above named and rehearsed Letters patents of Henry Cardinal Protector 
* Desuper expeditas.  sent from hence, with all and singular faculties, privileges, favours, instructions, declarations expressed in them, and other things whatsoever contained, in and by all respects as if all things here by name were expressed & distinguished: and we do add unto them the strength of Apostolical and inviolable firmness, and do supply all and singular defects if any happened in the same, and all and singular these things to have been, and to be done and ordained by our express commandment and order, and with our participation and certain knowledge, and therefore to be & remain of force, firmness, and of efficacy, and to obtain 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 judges and Commissioners soever: and we do decree to be void and of no validity whatsoever otherwise in these things shall fortune to be attempted by any man of what authority soever, wittingly or ignorantly, notwithstanding the constitutions and ordinances Apostolical, and whatsoever else to the contrary. Given at Rome at S. Peter's under the fisher's ring the sixth day of April, the year of our Lord 1599 the year of our Popeship 8.  
M. Vestrius Barbianus.   

TO avoid all doubtful understanding 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 diverse taking of words, and in no diversity of matter: we request leave of our Archpriest to move this one question, whether by the foresaid asseveration, viz. that the [Pope's Breve confirmed the Cardinal's Letters, as validas ab initio, and utterly condemned and invalidated all things done to the contrary] he meant that the said Breve did so confirm the Cardinal's Letter Constitutive as it had force from the beginning, to bind us under the crime of schism or enormous disobedience to accept presently of the subordination, without delaying our submission in the manner we did, that was, until the appearing of his Holiness Breve; or whether his meaning by the foresaid words were only that the said Letter had an obligative force from the beginning in itself, in that it was written by lawful and sufficient authority, to wit, by special commandment of his Holiness: but yet it had no force actually and forthwith to bind us to receive the subordination assigned, because there wanted either some Papal instrument, or other, more authentic proof, than the Cardinals own affirmation for testimony of such his Holiness commandment, and grant of the particular faculties enacted. If our Archpriest understand this latter sense in his avowance (as the cause whereupon, and the end why he used the words, with the circumstances of both, do all gainsay and most plainly contradict that his Reverence had any such meaning) we assent and say the same with him, that the Pope's Breve confirms the Cardinal's letter as validas ab initio, and utterly condemneth and inuali●ateth all things that from thence should happen to be attempted to the contrary. But on the other side, if our Archpriest meant by his words, that the Cardinal's Letter Constitutive was of force from the beginning, to bind us to admit of the subordination appointed, without staying for further proof or confirmation (as with no colour it can be denied but that his Reverence had this meaning, for otherwise how could he possibly declare, especially in a public Decree, that all the Catholics in England who any way before the coming over of the Breve had impugned his authority, were therein really disobedient to the Sea Apostolic, and rebels against his office, and that the Pope in his Breve declared no less by condemning utterly all things done to the contrary, under which no doubt our prolonging must needs be implied) then under his good leave, we must say that he is much mistaken, and offereth wrong to his Holiness, in reporting him to write, that he doth not, and perhaps that too, which in equity he could not. Or howsoever this be, yet his Reverence may do well to tell us and the world beside, being possessed with his former charge against us, in what words of the Breve either expressly or implicitively in the said condemnation contained of all things done to the contrary? We say done, signifying actions that passed before the promulgation of the Breve, as did our deferring, and not actions enterprised since the publishing thereof. For as we will most willingly grant that his Holiness annuleth all actions succeeding the date of the Breve, attempted by whom soever: so must we agnize that we can neither see nor conjecture in what part of the Breve, or by what words thereof his Holiness either condemned, or taxed the actions performed before the setting forth of the Breve.  
If the Cardinal's letter was of actual force to bind from the beginning, from whence did it take vigour? It is a general proposition among 
Speculum de probat. § 3. nu. 15.  the Canonists, that Creditur literis cuiusque de hijs quae facere potest vel debet ratione officij sui. Belief is to be given to every man's letters, in the things he can, or belongeth to him to do by virtue of the office he beareth. But it hath been made very manifest before, that the Cardinal could not institute such a form of government in our country by virtue either of his Cardinalship, or Protectorship: and therefore the letter his Grace wrote for enacting the same, was by virtue of some extraordinary jurisdiction, and not by any quality of his foresaid dignities, and consequently the jurisdiction being extraordinary, we were not bound to give such infallible credit, and height of obeisance to his Honour's letter, as by and by to prostrate ourselves to the subordination his Grace appointed, being alike unprofitable, imperious, and most burdensome, before his Grace had proved the commission by other means, then by witness of his own word. A verity so clearly showed before, and with that force of authorities, as it were superfluous to seek to confirm it with more.  
To say the Pope hath declared that the Cardinal his letters are from hence of force, and that all things therein passed with his Holiness full knowledge and participation, maketh no more for proof of the crimes objected against us, than the promulgation of a law doth prove those to have transgressed the law, who between the making of the law, and the promulgation thereof, committed such acts as the said law prohibited. Which is so feeble a proof (the promulgation being of the 
a distinct. 4. ca in isais. D. Th. 1. 2. q. 90. art. 4. ca de legibus l. leges & in authentica & omnes tum Canonistae tum Theologi.  essence of the law, and without which the law not binding,) as none can be weaker.  
And now to come to the last part of the foresaid avowance, where our Archpriest writeth, that our proceed even before the coming over of the Breve were sharply condemned by the sentence of the two Illustrious Cardinals, and also by the judgement of his Holiness. It hath been showed that no such condemnation passed upon us, either by sentence of the two Cardinals, or by the judgement of his Holiness. And we further affirmed, that what condemnation soever passed upon our two brethren, by sentence of the two Cardinals, yet that, that condemnation and sentence cannot truly and properly be called the judgement of his Holiness. For although the said Cardinals took their authority from his Holiness of being judges in the cause of our two brethren, nevertheless the sentence they gave was their own act and judgement, and not the act and judgement of his Holiness, as is most ●eare by this, that their graces were delegatine judge, in the cause, and his Holiness the Delegator. For to delegate and to be delegated, being two distinct things, and not compatible in one person, in one and the same respect: it followeth that the sentence of the delegatine judge or judges, is not the sentence and judgement of the delegator, as witnesseth Decius in these words, Licet 
a Decius in ca 〈…〉 rnimus de iud●ijs n. 35  delegatus habet potestatem, à delegante, tamen judicio suo judicare dicitur, ut est textus in ca Prudentiam de officio deleg. Although the judge delegate have his jurisdiction from the delegator, yet the judgement which he giveth in the cause committed, is his own judgement, as hath the text in the Chapter Prudentiam de office deleg. Which position is also manifest, in that Appellation from the judge delegate to the delegator, is very frequent, and holden by 
b Decius in rubrica. de offic de leg. nu. 5. Silvester verb. Appellatio nu. 9 li. ff. si quis, & à quo l. praecipimus. c. de Appel.  all writers for the most orderly Appellation. Which could not be, if the sentence of the judge delegate were the sentence or judgement of the delegator: for then such Appellations were from a sentence to the giver of the same, neither fit, nor like to relieve; nor ever used, but when sentence was given upon wrong information, and by the supremest judge only.  
The inference we would make out of these is, that admitting the two Cardinals giving sentence upon our two brethren, had involved and condemned us their complices in the same sentence; as there is no such thing nor by justice could be, yet their Graces giving that sentence as delegatine judges, neither did, nor could but make the same sentence their own sentence, and not the sentence and judgement of his Holiness, and consequently we cannot but reckon this avowance of our Archpriest [that our proceed yea before the coming of the Breve were very grievously condemned by the judgement of his Holiness] among the many of the other wrongs that his Reverence hath done us, unless he shall prove the defaming assertion otherwise, and more substantially then because the two Cardinals condemned our brethren to be banished and confined.  
And to end our answer to this fifth objection brought against us, we do most certainly assure ourselves, that if his Holiness were made acquainted with the manner and nature of things as they proceeded, he would so little give our Archpriest and father Parson's thanks for making him the prompter or approver of the said sentence against our two brethren, as he might peradventure sharply rebuke their boldness therein. For who can think that his Holiness compassionable and bounteous nature, would not only inflict banishment and confinement in banishment for an action lawful, yea, prescribed by the Ecclesiastical Canons, as when 
c Ca Si quando de rescript.  doubt is made (as sincerely and before God we had great doubt of the Cardinal's authority to institute such a kind of powerable subordination in our Church) of a delegates commission, then to entreat the stay of execution, till the granter of the commission might be advertised of the matter, and the truth understood. Offices, which we performed: for, both we requested master Blackwell very earnestly to forbear the absolute assuming of the authority, with promise notwithstanding to obey him though we would not fully and perfectly admit the subordination, before more certain knowledge came, that his Holiness stood privy and consenting to all and every branch of the subordination and jurisdiction granted to the Archpriest: and also made him acquainted with our intention of sending to Rome about our doubts. Yea master Bishop, the Sunday before he & our brother began their journey, went to him, renewed the petition, gave him a note under his hand and name, of the particulars about which he meant to deal with his Holiness, & received a counterpane or another like note of master Blackwell (which he carried to Rome with him, and which of likelihood the fiscal or Fa. Pars. rather, took from him▪ with the other schedules, when at their apprehension he bereft them of all the writings they brought) testifying that such and such were the matters that he went to Rome for, and to propose to his Holiness. What more plainer or honest dealing could be desired on our part? Or what should we further add? Master Blackwell himself, in the sixth of his twelve questions which he proposed to us to answer unto, dated the fourteenth of May, acknowledgeth, that, Quòd ante suum discessum agnoscere suum Archipresbyterum visi sunt, & quod illo conscio, & non contradicente, quamuis improbante, iter arripuerint, That both our brethren did seem before their departure to acknowledge their Archpriest, and that they took their journey with his privity, and not contradicting though not approving.  
Another material evidence of disproving that which hath been objected against us was, that when our brethren were first committed prisoners, they both took a corporal oath, and one or both protested 
Agnized in the Apology fol. 130.  under the same as well for themselves as for us their associates, that if his Holiness thought not meet to incline to our petition for changing the subordination into some more profitable kind of government, but would ratify or confirm that which was erected, yet that we were content and ready to yield all obedience thereunto. We ask here again, who can think that his Holiness compassionable and bounteous nature, would not only enjoin banishment, & confine them in banishment, for an action of this quality, and vested with no other circumstances, but would also beside the nature of the punishment, which drew infamy upon their persons, and consequently sure to alienate men's minds and charities from relieving their necessities, not so much as contribute one penny of maintenance▪ having the distribution of the fragments that remain in the twelve baskets, 
Luke 9  we mean of all the charities abounding in God's Church, either to carry them to the places assigned being Priests, or there to live by after their coming. We therefore as we have said, do most confidently assure ourselves, that if his Holiness should once come to know (as we doubt not but God in time will work it) the true story of these stratagems, that his mature consideration will give father Parsons and our Archpriest little thanks, in making and divulging him to be the decreer, or director of the judgement that passed upon our two brethren.   

A Sixth reason which our adversaries form against us, and seek to undershore it with authority, is an argument they draw from this place of the gloss: Octawm privilegium quod Cardinali asserenti se 
In extrauag. excerabilis joan. 22. de praebend. verb. sublimitatem eorum. Ca 8 fol. 108.  legatum creditur absque literis. Dist. 27. ca nobilissimus. It is the eight privilege of a Cardinal, that if he say he is the Pope's Legate, belief is to be given to him though he show no letters. Out of which place father Parsons in the Apology inferreth, that because the superiority and jurisdiction of a Cardinal Legate is a far greater matter, than was the authority which our Cardinal Protector took upon him in ordaining the new subordination, and because the assertion of a Cardinal in affirming himself the Pope's Legate, is to be credited though he show no letters for testimony thereof in regard of the known privilege 
Vbi supra & fol. 114.  due in this case, to the highness of his estate, therefore our Cardinal Protector testifying and professing to us and the whole world in his Letters patents under his hand and public seal, that he instituted the subordination (this authority whereby he did it being not so great as the authority of a delegate de latere) ex speciali mandato S mi upon special commandment of his Holiness, was to be believed without showing the Pope's Letters, or making other proof than his Graces own affirmation for the truth or testification of the Commission.  
This is the deduction & argument that father Parsons maketh, and in his own words so near as they could be used, the form and strength of the argument not omitted. To which we answer, first, that the consequence is not good, then, that what is alleged for fortifying the same is either false or of no moment. For declaration. First it cometh to be noted, that the words which immediately follow in the place where fa. Parsons taketh the foresaid passage, be these▪ Licet aliqui hoc revocent in dubium, albeit some doubt of this eight privilege. And certes all men do not think, if the Pope should send a Cardinal Legate into France or Spain, or into any other Catholic kingdom, especially about matter disgustful, that either of their two Majesties most Christian or most Catholic, would readily receive him as such a person, and admit the execution of his office without showing the Pope's letters for testimony of the legation. Neither in show (be it spoken under leave, & with due submission to holy Church) doth such refusal deserve any great censure, because several 
a Steph. Papa dist. 63. ca lectis Nicholaus Papa dist. 97. ca nobilissimus & ca de man. prin. l. unica.  Popes beside the demonstration of daily practice, have testified that it is not the manner of the Apostolic Sea to receive an embassage from any person whatsoever without letters in the credence of the Ambassador. And therefore that holy Sea, not accustoming to receive or believe any Ambassador without letters from the Prince or Potentate he cometh from: it seemeth to follow not amiss, this action of the highest Sea being as an exampler for other, that Kings or other temporal and supreme Magistrates are not bound to receive, and give credit to the word of a Cardinal Legate, unless he show the Pope's letters for witness of his commission. But these notwithstanding we grant as the truth is, that a Cardinal Legate ought to be believed upon his word, without showing the Pope's letters for testimony: yet we resolutely deny, that a Cardinal delegate is to have the like credit given to his word in the charge or matter committed unto him, as father Parsons inferreth, except he first show the Pope's letter, or otherwise prove the Commission. A verity which hath been sufficiently, if not more then enough confirmed before by diverse authorities out of all the chiefest 
Pag. 58. 59 & sequentib.  writers new and old upon the law. Nevertheless to abound in our proofs of this material point, we will add one authority more, and such an authority as concludeth for us & against our adversaries, whether the Cardinal instituted the subordination, as his Holiness delegate by a rescript▪ or as his commissioner by word of mouth only. Si de magno alicuius praeiudicio agatur non creditur Cardinali testanti sibi aliquid à Papa vivae vocis oraculo mandatum, nec creditur ei asserenti esse delegatum nisi literis ostensis. If the question be (saith Zecchius) of a matter that is very 
De statu. Ill ● Cardinalium nu. 9 vers. 6.  indomeageable to another, a Cardinal is not to be believed upon his word, testifying that the Pope enjoined him such a commandment by word of mouth: neither is belief to be yielded unto him, if he affirm himself a delegate, unless he show the letters. And the author proves both parts of the assertion, by the testimonies of sundry other writers which he there citeth.  
Further, beside the pleading of authority, the reason is manifest why credit is given to the word of a Cardinal, naming himself a Legate, without showing the Pope's letters, and not to the word of a Cardinal affirming himself a delegate, or to have received such a Commission by word of mouth, except he show the Pope's letter for testimony of the delegation, or prove the verbal commission after a far more authentical manner then by the sole record of his own word or missive Letter patent or sealed.  
For when the Pope sendeth a Legate de latere to any Prince, 
Zecchius de statu Ill ●i Legati nu. 2.  Country, or Province, he never sendeth him but with the advice and consent of the residue of the Cardinals, which maketh the mission very notorious. Again, a Cardinal legate departing upon like occasion from the Court of Rome, taketh his dispatch and leave of his Holiness and the other Cardinals with great solemnity, goeth likewise towards the person and place assigned after a most honourable manner of attendance, accompanied with others of rare parts▪ and when he cometh near to the confines of the Country or Province whereof 
Idem ibidem nu. 3. & speculum de Legat. § 4. superest.  he is made Legate, he advertiseth the nighest Bishop of his approaching at hand, who presently is to command his Clergy to give their attendance and meet the Legate on his way coming, and to bring his Grace to the Cathedral Church or any other that is nearer, with all suitable preparation and entertainment. Which kind of ceremonies with other compliments, do ever make all lateral legations most apparent: but in delegations, and more in commissions by word of mouth, there is no such solemnity nor manifestation used: which yieldeth a most material cause why credit is and aught to be given to the avowance of a Cardinals affirming himself a Legate, without showing the Pope's Letters, & why the like credit is not by any bond due to be given to the word of a Cardinal, if he affirm himself a delegate, or shall say he received Commission from the Pope by word of mouth to do this or that.  
To put another difference between the cases, a Cardinal Legate receiveth the mass or body of his authority 
* Speculum ubi supra, nu. 14. Zecchius ubi supra. nu. 4. silvest verb. Delegatus. n. 22 Cucchus lib. 1. Tit. 25. de off. & potest leg. Staphilus eodem tit. & alij.  a league communi from the supreme dignity and office he holdeth: but a Cardinal delegate Commissioner or executor, taketh not only the subject, but the limits and specialties of his whole jurisdiction from the Pope's rescript or verbal direction, and therefore aught to prove the particular tenor by other means then by the sole credence of his own word, especially because, as 
a Gloss. in ca 1. de rescript. verb. processus.  ordinary jurisdiction, the 
b ca 2 de offi-Legat. li. 6.  like as is legation, is matter favourable: so all delegatine jurisdiction is matter displeasant, or burdenous: and matter that is burdenous requireth in common reason a more full and strict proof than matter importing favour. And further, that which maketh yet the case somewhat more clear, is the received position among the Canonists, that although 
c Pa●●rm. in ca quod translationem de off. leg. nu. 10.  a Cardinal is to be counted a Legate upon his word, nevertheless if he claim any jurisdiction more than he hath from the constitutions of the law by office of his Legateship, he is not to be believed upon his word, but must prove his claim and saying, either by showing his commission, or by testimony of witnesses, or after some legal manner: which maketh plain in the consequence, that where a Cardinal hath not the authority he claimeth by virtue of ordinary jurisdiction founded in his person as in an ordinary, there he is not to be believed upon credence of his sole word, but must authentically prove what he affirmeth ere any be bound to obey.  
Which precedent differences and disparity if father Parsons had considered, he would never have made so ignorant inference, as he did upon the place of the Gloss before cited: nor would he have so weakly reasoned if the subject he wrote of had been matter of state, or belonged to the genealogy of Princes. Yet why say we thus, sith even in his book of Titles he reasoneth as shallowly or more unaptly, making (forsooth) the successive reign of two Queens immediately one after another, a let and cause why a woman should not succeed her Majesty in the Crown, for that as he writeth, our Nation will not endure a third Queen, meaning the old Countess of Derby who was then alive, and aiming perchance also in the speeches at the Lady Arbella, grossly forgetting in the mean, how the principal drift of the whole book tended to the advancing of another's title, and a foreigner of the same sex. The like feeble reasons he also maketh for discrediting the titles of other great personages. But to proceed to answer his other former avowances in our own matter.  
He affirmeth, that to be the Pope's Legate, is a far greater case than this of ours is, meaning the authority of Cardinal Caietane in instituting the subordination: and we affirm that a delegate in the cause committed unto him by his Holiness (as the instituting of the subordination was by his own words committed to Cardinal Caietane) is of greater jurisdiction in the same cause, then is a Legate general. And that which we say is the express law 
d Ca conflituisti de off legate.  and so interpreted by the best expositors: 
e Speculum de legato, § 4. superest. nu. 48.  Is cui aliqua causa specialiter delegatur, maior est Legato generali quantum ad illam. He to whom a certain cause is delegated by special commandment, is greater in the same then is a Legate general. To which words of Durandus, 
f In ca 2. de office leg. nu. 6.  Panormitane, 
g In ca sane 2 de office delegat. nu. 1.  johannes Andreas, and 
h Ibid nu. 1.  Felinus, most agreeably consent.  
Yea we add, that the jurisdiction of Cardinal Caietane was not only superior and greater in the cause committed, than the jurisdiction of a Cardinal Legate in the same, if there had been any such resiant in our country, but that the jurisdiction & authority granted unto his Grace therein was far more ample, than custom or the constitutions of holy Church do allow to a Cardinal Legate, as is to be seen by comparing the faculties which his Grace subdelegated to Master Blackwell with the jurisdiction that 
i De Legato § 4 superest.  Durandus, 
k Titut. de legato.  Staphilus, 
l Lib. 1. de institu. iur. can. Tit. 15.  Cucchus, 
m De statu. Ill ● Leg. nu. 4.  Zecchius, and other that particularise these several jurisdictions ordinarily belonging to a Cardinal Legate. For what Cardinal Legate can give authority to an Archpriest, to remove Priests from out the houses where they are harboured of charity, & know not how otherwhere to hide their heads? Again, what Cardinal Legate can subdelegate authority to an Archpriest, to recall faculties granted by the Pope himself? jurisdictions surpassing the ordinary authority of any Legate. But of these and some other like, more will be said in the next reason.  
Further, the religious man affirmeth, that the Cardinal testified and 
Fol. 108. & 114  professed to us & the whole world in his letters patents under his hand and public seal, that he instituted the subordination by special commandment of his Holiness. Alas, what needed this amplifying of words or untruths rather? For first how can it well be verified that his Grace testified and professed so much to us, and the whole world, when he never wrote a word of that or of any other matter unto us, and addressed the Constitutive Letter by name to M. Blackwell only? Again, how can it be truly said, that he testified and professed it in his Letters patents and under his public seal, when the Constitutive Letter came close sealed, according to the Roman fashion of sealing missive Letters with a label? A particular which I seem very perfectly to remember, and the more perfectly by this token, viz. that when M. Blackwell shewwed the said letter unto me to read, he bid me beware of bruising the seal. Which words the Letter being folded up, and consequently the seal not to be seen that was put too in the inside after the subscription, made me to understand them, of the seal which I saw on the back of the letter remaining (the label being cut and the seal not touched when the letter was first opened) fair in his full print or purtraite.  
Notwithstanding, because our memories may deceive us, we will not stand upon it, nor was it alleged to the end to weaken thereby the validity of the contents of the Constitutive Letter the force thereof 
Tholcsanus in Tit. de rescript. li. 1. ca 2. nu. 13  being one and of equal degree, whether the same came patent or close sealed. Neither was the said Letter ever denied by any, to be the Cardinal's Letter, though we all did most assuredly a certain ourselves that you father Parsons had the sole penning thereof, and not of the Letter alone, but of the instructions and additions also.  
The only cause why we touch these, is, lest some hearing the Constitutive Letter to be named Letters patents, may thereupon imagine it to be of such irrefragable authority as the word signifieth in the laws of our Realm. And perchance not to unlike purpose was that added, which followeth (under his hand and public seal) to the end that others reading the words, might conceive the seal fixed to the Constitutive Letter to be the seal of some public office, and therefore great rebellion to disobey, or except against any jot of the contents. And as by these we would not deny, but that the Canonists affirm the known seal of a Cardinal, to be an authentic seal, & to make the contents of the letter whereunto it is put, of a very reverent and singular respect: so likewise it is certain, that the same Canonists affirm, that a letter signed with a Cardinal his seal, containing matter preiudicious to another, & received by Commission from his Holiness, ne doth nor can claim 
Panorm. in ca quod super de fid● instrument. nu. 5. and the other Authors quoted fol.  the like sovereign credit, as the parties prejudiced, remain obliged either by law or conscience to obey the same. Marry, that a Cardinal his seal is called a public seal, as father Parsons phraseth it, is more (as we think) than he ever read, or Canonist ever wrote.  
But the truth of the other assertion, to wit [the Cardinal testified and professed to us and the whole world, that he instituted the subordination by special commandment of his Holiness] is more doubtful by much as being under the check and controlment of so many, as shall happen to read the Constitutive Letter. For in what place thereof▪ can so much or half so much be showed, unless the letter must be read with spectacles, that have virtue to make that to appear to be written therein is not? The Cardinal only affirmeth, that his Holiness enjoined him by special commandment to make peace in our country, after the example of the peace and quietness made in the English College at Rome. Which commission or authority to make peace, is (unless we be infinitely deceived) a far different thing in nature, from the authority to institute an Archpriest, with like ample and exorbitant jurisdiction in our whole Church. Verily the proportion seemeth to be so little, and the dissimilitude between the means of making peace, and it, (the quality of the subordination & the manner of bringing it into our Church considered) as there could well no hope be conceived of peace to follow, through the institution of such a subordination, except we would make the fathers of the Society our directors, and remain evermore their observant pupils.  
If it be replied, that the Cardinal wrote in the Letter Constitutive, how in decreeing the subordination, he followed the will of his Holiness: We answer, that to follow the Pope's will in doing of a thing, differeth much from receiving of a special commandment of doing the same. Neither doth it appear in the Cardinal his Letter that his grace followed the will of his Holiness, in erecting this subordination in specie, with the jurisdiction, faculties, and instructions adjoined: nay the contrary seemed plain, in that his Holiness willed the Cardinal by special commandment (as his Grace relateth the words in the Constitutive Letter) to labour the effecting and establishing of peace in our country, which standing, his Holiness intention and will could not be, but that such a subordination should be ordained among us, as might most avail to the making and continuing of true peace, and in which principal quality, the new subordination being most defective (if not part of the faculties annexed of a quite contrary nature) what inference more direct, then that the Cardinal only followed the will of his Holiness in the name of a subordivation, (a point of less moment) and not in the substance, matter, specialties and form thereof, points incomparably more important? Which, how unperfect a manner it is of following his Holiness will, we leave to others to judge.  
Finally, where you father Parsons do say, that his Holiness commanded the institution of the subordination in respect of the division and dissension raised in England between Priests and jesuits, or Priests and Priests, we are glad to see you to correct the defaming error (though the whole Realm could reprove you if you did it not) which your self inserted, in the Constitutive Letter, making the cause of instituting the subordination, to be dissension between the Secular Priests and the Lay Catholics. And as we are glad of this, so may we not omit to note the policy, that you, labouring to erect a subordination, concealed that from his Holiness which was true, & which most needed reformation, (to wit, great dissension between jesuits and some secular Priests) and pretended other untrue matter, viz. strife among the Secular Priests, and debate between them and the lay Catholics, a most injurious calumniation. And when by this cunning fineness of masking matters, you had obtained your desire, that is, such a form of government as yourselves made choice of, neither comprising your brethren here, as it had been reason it should, being the more potent part of the contenders, but in steed of this justice and equality, made you and them in truth the electors of our Archpriest, and our Archpriest commanded in matters of weight to seek your judgement and advise: 
In the ninth instruction.  then when matters be compassed, and all things that yourselves assigned, most strongly confirmed, to agnize or colour the former untruth (which as it seemeth could not be but a studied falsehood) by rehearsing many distinctive causes, is proof of wit, and the more, by doing it in such a language, as those who by authority ought most to punish and remedy the fault, cannot understand the abuse.  
For concluding our answer to this sixth objection, we say no more but wish the Composer to arm himself with patience, by considering these words of holy Scripture, qui inconsideratus est ad loquendum 
Proverb. 13.  sentiet mala: He that is in considerate in his speeches against another, must not think but to feel the rebukes due unto his folly.   

A Seventh objection which our adversaries allege against us, is, that we being the persons, who 
a In the Apology. fol. 101.  went about to erect sodalities, to 
b Ibidem fol. 105.  ordain new associations, to 
c Ibid. fol. 90.  make a certain government among ourselves without consent, counsel, or notice of any Superiors, and this to the prejudice of others (the most part of our brethren reclaiming and misliking the same.) And were 
d Ibid. fol. 100  so servant in this point to have a subordination and government among ourselves, as without all superiors authority we would have set up our association: Did nevertheless 
e Ibid fol. 104  when the institution of the Archpriest came into England, and was promulgated by the prudent and godly letters of the Protector, and ordained for conservation of peace by the highest authority that is upon earth, begin (having resolved to be unquiet) first to stagger and doubt, and then to discuss our superiors commandment, and lastly to contemn it. Which sin of ours 
f ●n the letter of the six Assistants to the Nuncio in Flanders, 2. of May 1601. §. 7.  can no where else be placed, but in the highest grease of disobedience, seeing it was committed against the supreme Pontifex himself, and against the dignity of the whole Roman Court. The objection is laid down in their own words, as it is to be seen in the places quoted, neither have we wittingly omitted aught, that themselves add of weight to this purpose. And now to answer directly hereunto.  
First we acknowledge, that some of our company went about (though after, and not with like fervour, as M. Standish now an Assistant did, being the first motioner of the matter and chief prosecutor) to erect a sodality of such as would give willingly their word and names to observe certain rules that should be agreed upon and deemed fit for the good of themselves, and many other, during the present state of things. The cause of this project, were certain hard speeches which some indiscreet persons (either the too zealous followers of the society, or some of the fathers themselves, or both gave forth, against the secular Priests in general, that they liked not to live under obedience, or to have other Superiors than the direction of their own wills. Which report (put away the working of diseased humours) grew chief and outwardly of this cause, for that many of our brethren in Wisbich refused to accept father Weston to their Superior▪ and to accept such orders as he the said father Weston and his party (whereof many were secret jesuits, and none so ancient either in years or in sufferance for the cause, as were sundry of the other side, and of lesser talents also,) thought fit to appoint. To remove this exception, and to let the authors of the report to see in our deeds, that we were no such worshippers of our own wills, nor so averted from the duties of obedience, but that we would in the degree that becomed secular Priests, both relinquish the one, and bind ourselves to the other, and also to give helps and provocation to our nature (dull by inheritance) of going the more forward in virtue, we thought good, if not necessary, to unite ourselves and agree upon some certain rules, and choice of a superior, for the better observing of discipline and the said rules.  
The rules that were set down to be observed by the sodality intended, were first some eighteen (as M. Standish can record, who taking them to translate, showed them to fa. Garnet, & not unlike, to other of the society) containing chief, matter of increasing social and mutual love: and this not only between Priests that should be of the sodality, but between them and all Priests, as the rules themselves yet extant in the first draft can witness: namely of furnishing Priests at their first coming: of relieving the needs of other, especially of prisoners and persons fallen into trouble, or decayed for harbouring of Priests: of preaching monthly or catechizing weekly: of adventuring upon any danger for saving or comforting a soul in extreme necessity, being requested thereunto: of disliking no one, for not being of the sodality: of declining all such occasions as might breed variance with others, especially with the fathers of the society, & if any like cause be offered by them, to acquaint the superior of the sodality with it, that he might forthwith, before the matter grew to head, or be known to many, confer with the Superior of the society for redress, and a charitable end of the difference: of spending daily some time in meditation, or in reading some spiritual book: of conferring about difficult and intricate cases, and never upon his own judgement to resolve such, without taking the advice of other his brethren: of making a general confession every half year, for the half year past, and of other like points. And none of all the rules to bind under mortal sin, save only, that the superior should not incorporate, or vow himself a member of another body, before such time as he had relinquished the office. If they of the North not knowing what we had done in the South, drew other rules, or more, what skilled that, sith they stood contented to accept of those rules which most voices should approve, and ours of the South, not theirs of the North were approved?  
And now, this being the design intended, the cause why it was intended, and the breviate of the rules, we ask the six Assistants, that sent the letter of information to his Holiness Nuncio in Flaunders against us, we ask father Parsons the writer of the Apology, and (so far as in duty we may) we ask also their superiors, by whose allowance the said Apology was printed, what it was, that was so greatly amiss, either in the circumstances, or nature of the design, as might deserve the reproaches, which the said letter to his Holiness Nuncio layeth upon us, for having such a purpose?  
When the matter was broken to father Garnet, for understanding his liking and opinion in the same: he answered, that it was the best thing which was taken in hand in all this Queen's time, if it could be effected. Likewise when the affair was communicated to father Weston, he seemed to like it very well. And if they have since changed their minds, yet we request father Parsons (the maker of the Apology) and ou● Archpriest (the allower of the printing thereof and of the Appendix) to show the reason why they term the setting down of 
g Fo●. 7●.  Rules in Wisbich by the eighteen Priests, and the electing of father Weston for 
h Fol. 73.  their judge, Corrector, and Censurer over them, 
i Ibidem.  a holy and quiet purpose, and so 
k Fol. 90.  mainly deprave and condemn the sodality we intended, whereas the rules of that 
l Fol. 66.  Academy or congregation as they call it, are neither 
m Folly 65.  more easy or commodious, nor more 
* Fol. 72.  advance honest, and civil conversation among those that should live under the orders (the qualities which the Apology attributeth to the said rules) then were the rules of the sodality we went about to make, and perhaps not equal to ours in the foresaid qualities, and incomparably behind ours in other respects, more general, and relieving the distressed.  
Or howsoever their rules exceeded ours in goodness, or ours theirs in that, and in forwarding a common good, yet it cannot be denied, but that we, who laboured, or rather proposed the instituting of a solidity, did surpass them in this one point, viz. in desisting from prosecuting 
M. Blackwell, M. D. Bavine, and M. Tiruit.  our purpose, assoon as we first understood that some two or three of our brethren misliked our endeavours, holding it for more charity to surcease that for peace and quietness sake, which might occasion good to ourselves and others, then by proceeding in a matter we were not bound too, to kindle the ire or emulation of a few. The like, if the greater and better part of the prisoners in Wisbich (for so our Archpriest and father Parsons styleth them) had been pleased to have done, as by no persuasion they could be brought unto: O Lord, what tumults, what broils, what scandal, what infinite detraction had there been left uncommitted? And it is worth the labour to note, who they were that principally opposed themselves against the institution of the sodality, albeit none were to be of that company, but with their own liking and entreaty.  
Doctor Baven the signior Assistant, stood so stiffly opposite against the introduction of the sodality or association, as he letted not to affirm when his opinion was asked therein, that if the Pope should appoint a Bishop in our country, during the present state of matters, he would be one that should resist, and inform his Holiness of the inconvenience and hurt, which the bringing in of such authority would work in our Country. And M. Blackwell only of all the Priests in our country, wrote certain reasons in dislike and condemnation of the sodality: to wit, that as by the rules of Physic and Philosophy, it was no wisdom for any, who had a long while kept their health by living in such an air, or by feeding on such meats after to change the same air, or alter their customary diet: and as it is a dangerous error in civil policy to seek to change the form of government, under which they have enjoyed long peace & happiness: so is it folly, or great temerity, having lived so many years in peace and quietness in our Country, as we have, without any association, or other superior, to begin now to set up new authorities, and bring in innovations. Yea he added further, how unfit, how unprofitable, and how prejudicial it was for any one person to take upon him the Ecclesiastical government in our Country, and that if he lived to the change of Religion, he would deal for dividing the Bishoprics into more Dioceses. Which reasons concluding directly and most strongly against the new authority, were anon of likelihood either soon forgot, or began to appear of no force when himself was chosen Archpriest.  
In like manner, when father Parsons last traveled from Spain to Rome, he so greatly disliked the making of a superior in England among the secular Priests, as he made it the ordinary subject of his talk during the whole journey, devising more and new reasons daily for remonstrance 
Inconstancy in the Noter of inconstancy.  and proof of the inconveniences. But after his arrival in Rome, and conference with M. Standish and father Baldwine (whom father Garnet had employed as his agents in the business unto him) he soon altered his mind, understanding of like, by intelligence from father Garnet, how probable it was, that in short time the Priests would agree upon some form of government, and therefore it imported him with speed to prevent our intentions, lest we happened in the mean, to make choice, of a kind of government and governor which would impeach their designs, and make way to the diminishing of the reputation they now carried in our Country, which was and is the swaying of all things as themselves think meet.  
Neither is it unlike, the thing being constantly averred by many, but that father Garnet sent father Parson's notice of the man whom he should promote, and of the authority and particular jurisdiction which he should procure unto him over us. Hence came that place of Scripture into father Parson's head, together with his analogical exposition. 
Act. 6.  Crescente numero discipulorum, factum est murmur Graecorum adversus Hebraeos, etc. When the multitude of Priests increased, and the former spirit in many of them decreased, there began presently murmuration and emulation against the fathers of the society. Hence proceeded the manifold and long faction laid down in the eight Chapter of the Apology, where father Parsons cunningly fashioneth a narration lasting for four of the first leaves, but with addition of more untruths than he used full points in the tale. Hence suddenly arose an urgent, or as it were, a fatal necessity in fa. Parson's conceit, of making a Superior in England over the secular Priests, an affair which himself a little before in his journey from Spain to Rome (as hath been said) spoke so much 
Lo, the deceiving and presuming nature of the man. (o) Fol. 100  and often against, and from prosecution whereof, himself advised us by M. Champney to desist, as from a matter of contention. Hence finally are the words of the Apology, ᵒ It seemed in all good men's opinion (and in the jesuits above the rest) that the only or chief remedy of avoiding murmuration & emulation in the secular Priests, against the fathers of the society, would be to have a subordination of the secular Priests among themselves, whereby the fathers of the Society might remain forth of all occasion of contention. Good Lord must the taking away of emulation and heart-burnings in the secular Priests against the fathers of the Society, be made the motive and end why this subordination was instituted? Who can believe it, that shall look into the particulars? or who will not but avow the contrary, that shall consider how and by whom the same was procured? For is it likely or possible in reason, that that kind of subordination should extinguish emulation, or make agreement, or not increase murmur and debate, which the more principal and oppressing party in the contention should devise, and get to be ordained without consent or notice of the other party that suffered the oppression? And who we pray, plotted this kind of subordination but father Garnet and father Parsons? Who nominated the Archpriest but they? Who devised the jurisdiction but they? Who framed the authority? who annexed the instructions? who made the additions? who chose the assistants but they? Who conferred with Cardinal Caietane? who informed his Holiness? who procured the confirmation, but father Parsons only, or such as himself did set on work, and put in their mouths what they should say? In brief, who ever had part, voice, or consent in any point belonging to the particulars of the subordination, save these two, and perhaps some other few of their consorts, whom they thought good to acquaint with the affair?  
And this which we say, is so clear to every one that will not blind his own understanding as the Sun when it shineth. Nevertheless if witnesses be demanded at our hands, we will name no other but father Garnet and father Parsons themselves, having their own words for testimony. For when father Garnet asked M. john Benn●t for his name to olim dicebamur, that is, as hath been signified before, to a pretenced 
Pag. 50.  letter of thanksgiving to his Holiness, for institution of the authority, and seeing him to be unwilling to give his name, told him that the subordination was the fact and prosecution of father Parsons his old friend, and therefore stood assured he would not deny the grant of putting too his name. Likewise father Parsons in his speeches with M. Charnock at Rome among other things freely acknowledged, that hearing how we went about in England to make a superior among ourselves, he thought it wisdom to prevent the effecting of such our endeavours, by choosing and promoting one to the room whom they knew to be their friend, and would comply with them. But why stand we about the proof of these? the apparent managing of the affair, the condition of the particulars, the manner of the process, the nature of the circumstances▪ the ground, the end, the scope, and all other accessaries being more evident than boldness (we will not say impudency) itself can deny?  
Neither was this form of government, devised only by the foresaid pair of fathers, and by their means brought unweetingly upon us, but they keep themselves evermore close at the stern directing, ruling, prescribing, guiding, as universally and absolutely, as if themselves were the Archpriest or any other higher superior over us. And whether now this kind of subordination thus plotted, thus effected, thus executed, thus continually carried against us, be the only or chief remedy (as father Parsons avoweth) of avoiding murmuration and emulation in the secular Priests against the fathers of the Society, and whereby they might remain forth of all occasion of contention, this we leave to the indifferent to judge, the contrary appearing plainer to us, then that any doubt can be made thereof. But to return.  
We ask of father Parsons and the six Assistants, who seem to have beaten their wits for finding matter wherein and how to condemn us, whether by seeking to unite and provoke ourselves to virtue through the erecting of a sodality, among such only, as should like and desire to be thereof, we became thereby obliged in conscience to accept of any subordination which himself and his consorts should by wrong and sinister suggestion, get to be proposed or ordained against us? If they say yea, it resteth, that they prove the bond, a work impossible: or if they say no, then why doth he in the Apology, and the other in 
Ca 1. 6. & ●.  their letter to the Nuncio in Flaunders of the second of May, dilate as they do, and so injuriously infer thereof against us? It hath been enough and enough declared before, that we were not bound to admit the subordination upon credence of the Cardinal's Letter, and being not bound by any virtue of the said Letter, we trow, our travels to make a sodality, did not bind us thereunto: if so, they had not been broken off as they were, before the institution of the subordination, and we all conjoined in the sympathy or mutual embracing of one desire to sue to his Holiness for obtaining of Bishops in our country. We say no more, but that if father Parsons or the six Assistants had stood so indifferently inclined to favour our attempts in going about to ordain a sodality, as he showeth himself prone and ready not only to excuse, but to commend and justify the league and orders of the Agency begun and prosecuted in the Castle of Wishich, calling the same 
p Fol. 66.  a congregation according to the fashion and example of those private congregations of our Lady, allowed by the Sea Apostolic in divers Countries: no doubt both he and they, had lessened their account in the day of their doom, when they must answer for the wrongs they do us.  
Touching the prejudice which by instituting the sodality should be intended to others, we would feign know, what prejudice that could be in particular, when every man was lef● free to his own choice, and no one to be misliked if he would not be a member thereof, and others tied by a new obligation to love, reverence, and stead him wherein they could. Neither do we take it to be true, that the most part of our brethren did reclaim and mislike the institution of the sodality, as may be gathered by the small number of those that manifested their dislike, being as we have said before, but very few, three only of note, M. Doctor Baven, M. Blackwell, and M. Tirwit, and by the company of those that expressed their good liking thereof, which were more than 20. times so many as those that impugned the same, by the account & reckord of such as negociated the affair, and dealt with others for understanding their affection or aversion therein.  
To that wherewith the objection chargeth us, that [when the institution of the Archpriest came into England, and was promulgated by the prudent and godly letters of the Protector, we (having resolved to be unquiet) began first to stagger and doubt, and then to discuss our Superiors commandment and lastly to contemn it:] we answer, that if the Cardinal's Letter had been the Pope's Letter, or an Apostolical Breve or Bull, as it was not, and the degrees of belief due to the one exceedingly surmounting the degrees due to the other, yet doubting as we did, or truer, being right assured as we were in our own understanding, that the said Letter was procured by surreption or obreption, or both; what fault was it in us to stagger and doubt, and discuss our Superiors commandment, when no writer ancient nor modern, but holdeth the same for most lawful? 
q Institut. moral. p. 1. li. 5. ca 14. quaeritur. 4.  Non negamus literas Apostolicas recognosci quidem & discuti debere, cum sint dubiae. sint n●●ne subreptitiae an legitimae. It is not to be denied (writeth Azore) but that Apostolical Letters may and aught to be considered of & discussed, when they appear doubtful, whether they were procured by wrong or right information. And the same Author in another place hath these words, 
r Idem ibidem quaeritur 7.  Fas est etiam Laico de literis pontificijs cum dubiae sint & incertae, ●ona side probabiliter, ambigere, disputareve. sint n●●ne Pontificiae, sint ne●ne subreptitiae. It is lawful, even for a lay man, having no corrupt intention, probably to question and dispute, whether the Pope's letters appearing doubtful and uncertain, were indeed his letters, or gotten by surreption.  
Again, the Canonists note many things which may be opposed against the Pope's Bull, and 
s Rebussus in p●axi. Tit. Quae apponi possunt contra Bullam.  Rebuffus putteth down 29. exceptions, whereof some, if they be found in the Bull, cannot be salved, but do utterly invalidate and frustrate the same: some other that may be amended, and the Bull after to be of force. Now if it were unlawful (as father Parsons maketh it to be (though all the learned besides himself do with one voice witness the contrary) to scan and discuss the Pope's Bull, how should the said defects or matter of exception be opposed? And if this liberty be granted against the Pope's Bull, or Apostolical Letters, no doubt, the same freedom or much greater, is allowed against a Cardinal's Letter, instituting a strange subordination afflictive and most rigorous. But the father would have us (and we commend his wit therein) to practise perfect obedience, that is, as Divines teach, 
t D. though secunda secundae q. 104. art. 5. D. Bonaven. q vlt. Durandus q. 4. Cordubensis in exposit. Regulae ca 10. q. 2. Valetia To. 3 disp. 7. q. 3 punct. 2. Angles. par. 2. in secundum. lib. Sent. dist. 44 q. 2 diff. 5. & Si●mistae verb. Religi●sus.  not only promptly and readily to do whatsoever we are commanded▪ without considering the authority or end of the Commander, but to prevent also the commandment of our Superior in all things wherein we know before, his will or pleasure. And yet, if we should follow the father's exhortation in this point, and not content ourselves with performing the obedience we are bound too, and which 
v D. Tho. ubi supra ad tertium.  sufficeth under tie of sin, we do not see, how, showing this perfect obedience, we ought to have admitted the subordmation, because the Extravagant Iniunctae, and the 
x Paulus 3. Const. quae incipit, cum nobis. julius 2. Constitut. quae incipit, Romani Pontificis. julius 3 consiit quae incipit, Sanctissimus.  constitutions of other Popes do forbid to receive any such superior Prelate to the office, and dignity he claimeth, without sight of the Pope's Letter for testimony of such his grant, and the party's promotion. Neither can that in truth be called perfect obedience, but rather indiscreet and sinful, which transgresseth the ordinances of holy Church, as undoubtedly we should have done, had we received M. Blackwell to the office of the Archpresbytership, before the showing of the Pope's Letters for his preferment thereunto.  
No doubt▪ but the utter face of the persuasion which the sons of jacob used to Sichem, was good and holy, as being the act of Circumcision, 
Gen. 34.  the chiefest Sacrament of the old law, yet Sichems' obedience thereunto, was the cause of his death, and of the slaughter of many more. Again, if we look upon the outside of David's counsel to Urias, in 
2. Reg. 11.  exhorting him to take his ease after his wearisome journey, there appeareth nought but goodwill and kindness, and yet David had a subtle fetch therein, and more respected his own good in the counsel, than he did the welfare of Urias. Neither did the enemy of mankind, let to candy and cloak his persuasion to our unfortunate mother Eve, with an outward show of godliness, Eritis sicut Dij scientes bonum 
Gen. 3.  & malum: Ye shall be as Gods, knowing good and evil: but what drift he had therein, all her posterity feels. We know, how excellent a virtue obedience is, especially that kind which father Parsons would have us to practise, and which spiritual writers call, Caecam obedientiam, blind obedience, for that it closeth the eye of our will, and leadeth the judgement of our understanding, as the guide leadeth the blind man, agreeable to this saying of S. Gregory: Vera obedientia nec Praepositorum 
Li. 2 ca q. in li. 1. Reg.  intentionem discutit, nec praecepta discernit, quia qui omne vitae suae studium maiori subdidit, in hoc solo gaudet, si quod sibi praecipitur, operatur. Nescit enim judicare, quisquis perfectè didicerit obedire. True obedience neither discusseth the intention of his Prepositors, neither scanneth their commandments, because he that hath subjecteth the whole course of his life to the direction of his superior, joyeth only in this, if he do as he is commanded. For he knoweth not to judge, that hath perfectly learned to obey.  
But as we wots the thing that father Parsons counseleth us too, to be right good in itself, being the perfection of the 
y D. Tho. 2. 2. q. 104. art. 3.  worthiest of all other moral virtues: so do we fear, lest he seek therein the increase of sovereignty, and absolutely without contradiction to rule in our Country, as already he hath not blushed to vaunt himself of the command he holdeth in England (we speak from report of an eye and ear witness) as well over many of the Laity, as of the Clergy, which vain brag he would easily make good with advantage, could he once bring us to a blind kind of obedience, neither to discuss the commandments of our Archpriest, whom he directeth in all things, nor the ordinance of any other superior, upon what false information soever the same was enacted. Volo vos sapientes esse in bono, & simplices 
Rom. 16.  in malo: I would have you (saith the Apostle) to be wise in good, and simple in ill. Which God of his mercies make true in father Parsons, and in us all.  
Concerning the other part of the charge, that having resolved to be unquiet, we would not desist, till lastly we fell to contemn our superiors commandment. Here we have good cause to ask father Parsons how he knew, being no Prophet, nor the son of a Prophet, that we had resolved to be unquiet, for so much was neither written in our foreheads, nor manifested in the nature of our actions, doing nothing (as we have often said) more than what the Canons and constitutions of holy Church, and the uniform consent of all writers allow and direct. But notwithstanding the justness of the cause, we will not trouble him with this demand, having another question of more weight to be assoiled, viz. that he tell us and the world, unless we and the world must hold him for more than a vain speaker, wherein and how we contemned the commandment of our Superiors, that is (as Divines and the Summists writ) in a thing 
z D. Tho. 2. 2. q. 986. art. 9 ad 3. Caiet. ibid. & in summa verb. coteptus valet. To. 3. disp. 10. q. 4. punct. 5. silvest verb. Contemptus nu. 1. Archidiaco. in Ca quicunque dist. 81. Dominicus in Ca Nullus. dist. 55. Viguerius ca 5. § 9 ver. 1. Navarre. in Manuali ca 23. nu. 42. Proverb. 18.  we were bound to obey them, & did not obey them, for this respect only, because we would not be subject to their commandments. A slander which he nor our adversaries shall ever be able to prove, & not proving, we trust he will make conscience to reverse the words, as he must needs if he love his soul: & the sooner if by the gradation and form of speech he used, he intended to give aim to the Reader of our nigh approaching or perfect arrival to that degree of sin which the holy Ghost mentioned by the pen of Solomon. Impius cum in profundum venerit peccatorum contemnit: When the wicked is sunk to the depth of mischief, he contemneth the commandments of Almighty God, and of his Deputies upon earth.  
Finally, touching the remnant of the objection unanswered, to wit, that our sin [in refusing to subject ourselves to ●he new subordination before it was witnessed or approved by his Holiness Breve] can no where else be placed, but in the highest grease of disobedience, seeing it was committed against the supreme Pont●fex himself, and against the dignity of the whole Roman Court: We refer the Reader (the assertion being most ignorant and uncolourable) to that which hath been said before 
* Pag. 29. & sequen ●ib.  in our second Reason, and 
* Pag. 85 & 86  in our answer to our adversaries third objection, and to that which God willing, we shall hereafter touch in both the Reasons that follow.   

AN eight objection or shift which our oppositours devise for maintaining their feeble assertions, and for finding a way out of the straits, which their afterwits saw, would mightily environ them, if they should still hold and maintain 
* Our Archpriest in his letters in the 8. and 17. of August, see pag 67.  as they did at first, the subordination to be the act and ordinance of our Cardinal Protector, because to acknowledge this much, did and would ever most hardly rub upon them, either to show the rescript of his Holiness delegation to the Cardinal, or to prove his Holiness verbal Commission unto him, or drive them to recall (unless they should show themselves of worse conscience than they seem to be) the temerarious and too too uncharitable censures which they had most wrongfully laid upon us, and dinulged every where, for not yielding our obedience (no law nor rules of conscience binding us thereunto, without proof first made in that behalf of the Cardinal's authority) to M. Blackwell upon view of the Constitutive Letter: to correct this error, father Parsons in the bill of complaint, which M. Haddock and M. Martin Array exhibited to Cardinal Caietane, and Cardinal Burghesio the tenth of january 1599 against M. Bishop and M. Charnocke, affirmeth his Holiness to be the institutor of the subordination, and the Cardinal a witnessebearer thereof. His words in the foresaid bill are these: 
a §. 1.  Come S mu● D. N. hierarchiam quandam Sacerdotum saecularium inter se sub uno Archipraesbytero & duodecim Assistentibus per Ill mi Cardinalis Protectoris Literas ordinasset: 
b §. 2.  statim atque D. Georgius Blackwellus Archipresbyter constitutus, authoritatem suam Ill mi Cadinalis Caietani literis testatam, Roma transmissam, perhumaniter vocavit ad se duos, ijsque exposuit quid sua S ●a● instituisset, etc. When his Holiness had ordained by the letters of the most Illustrious Cardinal Protector, a certain Hierarchy of Secular Priests among themselves, under one Archpriest & twelve Assistants, and assoon as M. George Blackwell was made Archpriest, and had received his authority from Rome, testified by the Letters of the most Illustrious Cardinal Caietane, he courteously invited two Priests to come unto him, & declared what his Holiness had instituted, etc. Moreover, our said adversary, as he wrote these words in the names of master D. Haddock and M. Martin Array, so keeping his old wont still, to mask and vent his untruths under the persons of other men, cometh in his Preface to the Appendix (set forth as he gloseth by the Priests that remain in due obedience to their lawful Supeiour,) to interlace his short notes by way of parenthesises upon his Holiness Breve, being of his own procuring and suggestion of the points. The words of the Breve and his parenthesis are these: Vos filii praesbyteri qui libenter institutum a nobis Archipraesbyterum suscepistis, valdè in Domino commendamus, etc. You Priests that did receive willingly the Archpriest appointed by us (mark how he saith not that he was instituted by the Cardinal, but by himself) we do highly commend you.  
Which passages, seeming so to avow the subordination to be the act of his Holiness, as the Cardinal was but a witness, or at most, a mere Excecutor thereof, do, no doubt, if they were true, much weaken part of that which hath been alleged before, as showing it to be spoken besides the matter. But let us examine the truth of the assertions by the tenor and self words of the Constitutive Letter, the rule and only touchstone for trial of the premises. And to cite but one place of many for avoiding tediousness.  
Cum igitur non parum, etc. Sith therefore some men think, that it would not a little avail to the procuring of peace and concord, if a subordination were constituted among the English Priests, and the reasons yielded by the Priests themselves for the same matter, were approved by our holy Father: we following the most pious and prudent will of his Holiness, have decreed to ordain the same, and for directing and governing the Priests of the English nation that now converse in the kingdoms of England or Scotland, or shall hereafter reside there, whiles this our ordination shall continue, we choose you, to whom for the time we commit our steed and office, induced upon relation and the public fame of your virtue, learning, wisdom, and labours taken for many years in the trimming of this vineyard. And the faculties which for this purpose we grant unto you, are these: First, that you have the title and authority of an Archpriest over all the Seminary secular Priests, to direct, admonish, reprehend, or also chastise them when need shall require: and this, either by abridging or taking away their faculties.  
Now let the indifferent judge whether the Constitutive Letter doth more show his Holiness or the Cardinal to be the institutor of the Subordination, or whether it convinceth not, that the Cardinal had a greater part in the institution thereof, than the part of a witness or of an Executor only.  
The Cardinal writeth to M. Blackwell: We choose and substitute you to be our vicegerent. Ours (saith the Cardinal) not the Popes. In what? In directing and governing the English Priests. Where? In the kingdoms of England or Scotland. How long? So long as this our ordination shall endure. Ours, again, not the Popes. Upon what cause? Induced thereunto (mark who was induced, and consequently who elected the Archpriest,) by the common bruit of your virtue, erudition, prudence, and the long continuance of your labours, to the splendour of the English Church. To what end? To direct, admonish, and correct the seminary secular Priests. In what sort? By restraining or taking away their faculties. Who giveth him this power and jurisdiction over his brethren? The faculties which for this purpose, we (saith the Cardinal, not the Pope) grant unto you, are these. Ergo the Cardinal was more than a witnesser of the subordination, because a witnesser hath no authority to delegate. And as little can the executor call the fact of his superior his own ordination, or yield the reason why he made choice of such a deputy, as the Cardinal doth both. Because as 
c 2 p. Consil. Cons. 11. nu. 4.  Panormitane writeth, and other 
d Glossan ca super Quaestionum de off. Deleg. Silu●st. ver. Executor nu. 1. Fumus ●od. v●r. nu. 1. & in l. Executorem. c. de exec. rei iud.  authors agree in the same: Executor est ille, qui habet nudum ministerium facti, in exequendo dispositum per alium. He is called an Executor that hath the bare ministery of a fact, in executing things disposed by an other, that is, as the same Author interpreteth in another place, 
e In ca super Quaestionum de off. Deleg. nu. 10.  his Superior.  
Again the Cardinal writeth: We following the will of his Holiness, have decreed to ordain the subordination. Ergo if the Cardinal decreed it, as himself affirmeth, he was more undoubtedly than a witnesser or an Executor thereof: and giving authority to the Archpriest to dispose of secular Priests in our Country, to remove and change them from one residence to another, to hear and determine their doubts▪ with other like faculties, which without question are the substance, the principal part, the very sinews, heart, and life of the Subordination: it followeth of necessity, that his Grace carried another person in instituting the subordination, than the person of a witness or an Executor only.  
Furthermore if his Grace decreed the subordination, as nothing can be plainer spoken by himself, then that he did, he either decreed it without authority, which we trust our adversaries will not grant; or by authority from his Holiness: because neither of his two titles, either of being Cardinal, or of being our Protector, did give him sufficient jurisdiction to institute so rare, ample, and sovereign superiority over us. And if by authority from his Holiness, than we have what our adversaries would seem to fly from, and 
* Throughout the second Reason and in the beginning of the third.  all the authorities before quoted do stand in full force against them, in respect that that which is in this sort done by the authority of another, is a delegatine act, and bindeth the doer to show or prove the commission ere he can compel belief or obeisance in the process: 
f Gloss. general. in ca Si eum de Praebend. li. 6.  verbum [authoritate nostra] inducit actum delegationis. The word [by our authority] induceth an act of delegation. And that the Cardinal did choose M. Blackwell to be Archpriest, by authority and commission from his Holiness, it is witnessed 
Of the 17. of August. 1601: Note the wresting sincerity of the man.  in the new Breve (even whence father Parsons culled the sentence in which he inserted his parenthesis above mentioned) where the words are these, Habita iam à biennio super hac re, matura deliberatione, bonae memoriae Henrico Praesbytero Cardinali Caietano nuncupato nationis Anglorum Protectori, commisimus, ut virum aliquen probum, qui hoc onus ad communem Catholicorum utilitatem posset sustinere delegeret, eúmque Archipraesbyterum eiusdem Regni Angliae authoritate nostra constitucret. Having had mature deliberation for two years space of this matter, we gave commission to Henry Presbyter, Cardinal Caietane of good memory, that he should choose some honest man who might bear this burden to the common profit of Catholics, and by our authority constitute him Archpriest of the same kingdom of England.  
Or why stand we to prove this evident truth by the testimony of his Holiness Breve, when father Parsons the drawer of the forefaid Bill of complaint against our two brethren, and the markeman and inserter of the parenthesis, acknowledgeth both in the 
* Fol. 7.  first and in the 
* Fol. 99  eight Chapter of the Apology, that the Cardinal instituted the Archpriest by commission from his Holiness. His words in the first place are: his Holiness gave full commission to Cardinal Caietane the Protector to appoint the same (viz. a government) with convenient instructions, which he presently did. And in the second these: his Holiness committed the institution of the matter (that is, of instituting an Archpriest) by special order to the Protector to be done in his name. Which avowances of father Parsons, whether they be true or not true in themselves (as true they cannot be, if signor Acrisio 
* Fol. 139. & 121.  the Pope's Commissary and Canon of S. john Lateran's, as he styleth him, be a true man in his word, for he told our two brethren remaining in prison, that the subordination was not the commandment of his Holiness, as his Holiness himself newly affirmed unto him, adding for reason, as it hath been 
* Pag. 34.  before specified, that his Holiness durst not command it for fear of having his censures contemned by the Priests in England) yet they manifest thus much, that even by his own confession the Cardinal was the institutor of the Subordination.  
And now if we add to these, what it is to delegate, and who is a Delegate, there can (we hope) remain no doubt, but that the Cardinal was the Popes delegate in the erecting of the subordination, and by consequence not such a bare publisher and witnesser thereof, as our adversaries would feign have him to be, for ridding themselves out of some narrow straits, by reason of the authorities aforegoing, that otherwise press exceedingly and inevitably upon them, and as clearly excuse us of all blame for not surrendering our obedience to M. Blackwel upon view of the Cardinal's letters, before either his Holiness had ratified the fact, or given notice unto us of such his pleasure, or the Cardinal proved his commission after some authentic or legal manner. Of which, no one was done, so long as we bore off, and so soon, as to our knowledge either was done, we presently submitted ourselves. 
g In rubri. de off. deleg. nu. 13 l. delegar●ff. de novationibus.  Delegare est vice sua alium dare: to delegate (saith Decius) is to appoint another in his stead. 
h silvest verbo Delegatus. nu. 1.  Delegatus quoad ecclesiasticos, est is ●ui à summo Pontifice vel ordinario, causa committitur, aut ab eo, qui extraordinaria jurisdictione aliquid potest. A delegate, as the word appertaineth to ecclesiastical persons, is he, to whom a cause is committed by the Pope or Ordinary, or by him, who through extraordinary jurisdiction can delegate or appoint that charge to another.  
By which definitions it is very apparent (the tenor of the Constitutive Letter, the words of the Breve, and what father Parsons himself acknowledgeth in the Apology, considered) that the Cardinal Protector was his Holiness delegate in erecting of the subordination, and consequently we not bound (as it hath been of●en said) to obey his Grace, till such time as he showed the rescript of the delegation, or proved his Holiness verbal commission, giving him authority to delegate the like ample and extravagant jurisdiction to the Archpriest, as is specified in the Constitutive Letter.  
Neither are the distresses of our adversaries relieved a whit, if they should contend (as what untruth is there, which will & wit cannot in some sort flourish over) that the Cardinal was but an Executor in the institution of the subordination, because 
i Doct de rota decis. nou. de off. deal. decis. 6. n. 2 & de concess. Praeb. decis 19 nu. 1. Gloss. in ca Tibi qui, de rescrip. verbo certo. & Gloss. in ca Si super de off. deal. ver. Principalis. l. 6  every Executor is a delegate, & his authority delegatine: & therefore not to be obeyed, unless he prove the commission & the tenor. And besides the authorities 
* Pag. 58. & sequentibus.  before quoted for proof hereof, this that followeth taken out of 
k C. de iur● fis. li. 10. l. Sancimus. ●. de diver. rescrip. 25. quaest. vlt. sancimus.  the civil law, and recorded by 
l In compend. resolute. verbo Executor.  Brunorus, maketh the case plain, and confirmeth abundantly. Executori, dicenti se potestatem habere ad exequendum ex mandato principis, non creditur sine literis, nec sufficit exhibere literarum transumptum sed originale exhiberi debet: Belief is not to be given to an Executor, affirming himself to have authority to execute by the commandment of the Prince, without showing his letters: nor is it enough to show the transumpt or copy of the letters, but he ought to show the original. Neither is the force of the authorities avoided, in that the Executor was a Cardinal, because in matters of like damage no one is bound to believe and subject himself upon the sole word of a Cardinal, as Panormitane, Felinus, Alexander de Imola, Antonius de Butrio, Benedictus Valdus, the Doctors of the Rota, Navarre, Silvester, Zecchius, Lancellotus, Conradus, Bartolus, jason, with others 
* Pag. 60. 61. 62. 66. 89.  before cited do teach, and no author impugns, that we can learn of.  
There be other objections which our adversaries make, as that none but a few women adhere in opinion unto us, 
* Father Holtby in his discourse of the last of lune.  that we cannot pretend ignorance, nor except against the sufficientnesse of the promulgation, and such like, not worth the answering. Nevertheless concerning the first, we hope the sentence of the university of Paris, given in our behalf will not admit it to be true, if so there were no other at all that did participate in the opinion with us, as perhaps, if voices were cast, there would be found as many for us as against us. And concerning the judgement of Priests, who should best know what they did, we are right sure that we have 6. for one, if not ten, or rather sixteen that conspire in opinion with us for one that dissenteth. And as for the two latter and such like, we utterly disclaim the patronage, standing more assured of the strength and justness of our cause, then to fly to such pretexts for succour.  
And here to conclude our third Reason, we comfort ourselves in the grounds precedent, that howsoever the large potency and alliance of our adversaries may happen to oversway, yet that the day of judgement, if not the seat Apostolic before, will declare us guiltless of the crimes objected, and that the measure which hath been met unto us, was and is most oppressing, injurious, violent, and spiritually hurtful to many.    

The fourth Reason.  
THE fourth Reason of our standing off, was, that admitting there had no surreption appeared in the Constiutive Letter, nor obreption, but that all things had passed by true and full information, and with perfect knowledge of his Holiness (as the day of judgement will declare for us, that at the time of our delay, we did morally assure ourselves in both, to the contrary) and that not only his Holiness commanded the institution of the Archpresbytership with the faculties and instructions annexed, but that he himself was indeed the immediate and sole institutor thereof, and that also the Cardinal had certified this much unto us in plain terms, and that finally the preiudices which accompany the authority, did neither licence us to suspend our belief, nor could any way hold us excused for not believing his Grace on his word, (as how little true all these things were, the reasons aforegoing have, we trust, sufficiently showed:) yet we thought ourselves secure in conscience, & free from touch of the least disobedience, if his Holiness promoting M. Blackwel to so large, and much more in some respects, then episcopal authority, we refused to receive him to the dignity and ministration of the office, before such time as he did show us the Pope's letters for testimony of his promotion. This we took to be lawful, and the reason why we took it to be so, was the 
a De electione ca 1.  extravagant, Iniunctae of Pope Bonifacius the 8. where these words are read: Praesenti itaque perpetuò valitura constitutione sancimus, ut Episcopi & alij Praelati superiores quocunque nomine censeantur, qui apud sedem Apostolicam promoventur, aut confirmationis munus recipiunt ad commissas eis Ecclesias absque dictae sedis literis huiusmodi eorum promotionem seu confirmationem continentibus accedere non praesumant: nullique eos absque dictarum literarum ostensione recipiant aut eis pariant vel intendant. Quicunque verò ipsos absque huiusmodi dictae sedis literis recipientes vel obedientes eisdem, tam diu sint à beneficiorum svorum perceptione suspensi, donec super hoc eiusdem sedis gratiam meruerint meruerint obtinere. We by this present constitution (saith Pope Boniface) continuing for ever, do decree, that Bishops and other superior Prelates, by what name soever they are entitled, who are promoted by the Sea Apostolic, or receive the benefit of confirmation, do not presume to take the charge of those churches committed unto them, without the letters of the same Sea, containing such their promotion or confirmation: and that none without showing the foresaid letters, receive, obey, or reverence them for such. And whosoever shall receive or obey them without the testimony of such letters from the said Sea, remain so long suspended from receiving the fruits of their benefices, until they shall deserve to obtain the relaxation of the said censure from the Sea Apostolic.  
That M. Blackwell was constituted a superior Prelate, and consequently in this point, comprised under the words of the Extravagant, it appeared in that himself had no Ecclesiastical superior in the whole Realm, but was as Metropolitan, and all the secular Priests of our nation residing in England or Scotland appointed his subjects. A prelate of higher superiority in this kind then ever England had, were Cardinal Wolsey the counter-partie of the comparison. And that he was also contained under the other part of the Extravagant, to wit, the Church or Churches committed unto him, seemed most plain, having our whole Catholic Church both the Secular Clergy, and Laity, committed to his charge, as his Holiness two Breves do testify. To 
One of the 6. of Apill 1599 the other of the 17. of August 1601.  avoid that is said, and exempt M. Blackwell from being comprehended under this latter part of the Extravagant, upon pretext that there are no Ecclesiastical revenues (an evasion of his own) belonging to the Church or Catholic multitude, whereof he is appointed Superior, is not only to make the good Pope and prudent Governor of God's Church to regard temporalities, more than he did order and reformation in God's house, but most oppositely to contradict the poem of the same Extravagant, where the holy Pope dilateth of the great peril and spiritual prejudice which followeth upon the admitting of Prelates to the dignity and office they claim, and would assume to themselves before they have made lawful proof of such their promotion, and orderly calling to place of government. For removing of which inconvenience, the Pope ordained that no Bishop or superior Prelate promoted by the Sea Apostolic, should 
b ●auar in c. accepts de restitu. sp●li●t. of posit. 8. ●u. 39  be received to the dignity and prelature bestowed upon him, before he show the Letters of the same Sea, for testimony of such his Ecclesiastical preferment.  
Moreover, if our adversaries shall deny M. Blackwell to be any like superior Prelate, as is understood in the Extravagant: we answer, that granting it to be true which they say, although for the Reasons aforegoing, the same may seem somewhat in congruent: nevertheless other Popes who have sithence succeeded, have in such cases extended the same prohibition and penalties to inferior Prelates, as writeth 
c Par. 1. Instit. mor. li. 5 ca 2. quaeritur. 5.  Adzore, and citeth for instance the constitutions of 
d Constitut. quae in●ipit, Cu● nobis.  Paulus tertius, and 
e Const. quae incipit, Sanctissimis.  julius tertius. And certes, we are of opinion, that there is no man of understanding, who shall consider the ample jurisdiction that our Archpriest carrieth over the whole secular Clergy, but will easily think that he may well be included under the name of a superior Prelate, specially if he reflect upon the words immediately ensuing, Quo●unque nomine censeantur, by what title or name soever the superior Prelate be called.  
Beside, there are many branches of his authority which do either equal or exceed the jurisdiction of a Bishop in the same points. For demonstration, S. Thomas writeth 
f Quodlibet. 10. art. 10. ad 3. & Tolat. de 7 pecc. mort. c. 21. Ibidem.  that the secular clergy are not bound to obey their Bishops, but in matters that belong to their Clergy state, and not in the general disposition and course of their lives: this being, by the opinion of the same Saint and greatest Clerk, that kind of obedience which the religious vow and owe to their Prelate, and is an overplus to that which the Secular own and are bound to render to their Bishops. But the jurisdiction that the Constitutive Letter giveth to our Archpriest over all the Seminary Priests of our nation, residing in England or Scotland, is to direct, admonish, reprehend, and chastise them whichout limitation in or for what: yea as himself affirmed to me, at the first showing of the Constitutive Letter, we were bound to obey him in all things. So that in this point his jurisdiction cannot be less, and may with facility be understood to be more than Episcopal over us.  
Again, the form of the Constitutive Letter imparteth jurisdiction to our Archpriest to hear and determine our doubts and controversies, and may take away our faculties if we impugn or disobey his resolution, or show ourselves unquiet in any thing he shall command. A sovereignty, which if it doth not surpass, yet certainly it is not inferior to the amplest authority in this kind, that ever any Bishop or Archbishop had in our country: specially, if it be considered, that the hearing and determining of our doubts and controversies, are like to be and must be (the dangers of the time so enforcing) demeaned without advocate, without pleading, without legal process, without tribunal, or before any other judge then the Archpriest himself, who, as matters have hitherto happened, hath been a chief party in all the differences.  
Further, the Constitutive Letter communicateth jurisdiction to our Archpriest, to remove us from the places of our residences being in Lay men's houses, and living upon their charities. And the ninth instruction giveth him authority over the Catholic Laity to remove the Priests they keep, and assign them others in their room. The words of the said instruction are, Vtrique scili●et Sacerdotes incolae seu parochi, & Domini laici apud quos viwnt, scire debebunt in potestate vestra esse pro maiori Dei gloria, Sacerdotes ab una domo vel residentia in aliam mutare; neque agrè quisquam id ferre debebit, aut obluctari, sed Dei gloriae, 
A pretext soonest devised, and a ready mean to help the jesuits or their avowed friends to the best places, & to wreak their displeasure upon whomsoever Arg. D. Tho. 2. 2. q. 104. ar. 5. cor. Et Caiet. ibidem ad secundum dubium. & in Tractatu. 9 de vinculo obedientiae. unicae Grassuis p. 2. li. 2. ca 18. nu. 11 & 12. Innocentius, Abbas, Felinus & alij quos ibi citat. In the bill of Complaint, of the tenth of january 1599 In the letter of pious grief. In the Apology, and in the Appendix.  animarumque saluti suum gustum postponere. Both the Priests that are resident, and the Lay persons with whom they reside, must know, that for the greater glory of God, you have power and jurisdiction to change Priests from one house or residence to another, and that neither of them ought to take it hardly or strive against it, but to conquer and subordinate his or their liking to the glory of God and health of souls. A faculty so little second to the authority of the highest Archbishop in the world, that it may be a question, or rather no question, whether, circumstances considered, it be not greater than Papal, our own and our benefactors lives depending thereon. Our own lives, for that, put from our acquainted harbour, many of us us do not know where next to hide our heads: theirs, in regard that such removes by authority, can hardly, or not hardly be kept secret: and growing to be known, our patrons that harboured us of charity, become discovered, and by every base and hungry companion that shall get knowledge of the matter, may inform her majesties Officers, and procure their houses to be searched, and their goods to be seized on, their servants examined, their children rifled, their wives thrown out of doors, their lands confiscated, themselves committed to prison, arraigned, convicted, executed, and their family for ever after utterly ruined and overthrown.  
And here the opportunity of the place offereth an occasion to speak a word or two, in answer to that which father Parsons objecteth and inculcateth in his books and writings against us, to wit, that we should affirm that the Pope could not lawfully appoint such a kind of subordination over us: and likewise that his Holiness could not essigne us a Superior without our privity and consent. Assertions which hitherto I cannot find by the search I have made, in any books of ours: nevertheless we do not deny touching the first, but that some of us have said by way of reasoning, yet still with reservation of our duty to the Sea Apostolic and his Holiness, that we did not conceive how his Holiness could give authority to our Archriest to place and displace Priests living of temporal alms in Catholic houses, sith by the laws of our Country, the entertainers must and do venture their lives and all that they are worth in the action: and that the Priests also, who are so removed, cannot but receive thereby some flaw or blemish in their credit, as being reputed unfit or insufficient for the place they were removed from and consequently much hindered for getting other places, and in the mean, not unlike to fall into the hands of the enemy for want of convenient maintenance or harbour to shroud themselves. And now if this doctrine seem unsound or absurd, or other than most conscionable, we request father Parsons and father Garnet (whom we no whit doubt to be the devisers of the faculty, for that we cannot think that ever such a rigour was of his Holiness setting down, or ever fully understood by him with the truth of all circumstances) to instruct us in the difficulty, and manifest the grounds of the contrary unto us, and we promise by God's grace, that their labour shall not be lost, but that they shall have us forthwith to change our opinion, and to yield them thanks for the charity.  
Concerning the other assertion, that we should say, His Holiness could not assign us a Superior without our privity and consent, we take it to be more than all our adversaries can prove that we ever spoke. And as for the citing of the 
g Dist. 61. ca Nullus invitis & dist. 63. ca si in plebibus & ca 1. de electione.  Canons that permit or authorize the Clergy to choose their Superior, they were not cited by any of us to the end to prove that his Holiness could not appoint us a Superior, without ask our voices, or acquainting us first with the design, but were only alleged, to show that it was a custom received in holy Church, & not yet discontinued every where, that the Clergy should have the choosing of their own Superior, and which being a favour allowed to many by the Sea Apostolic, and by censure of common reason, a great furtherance to peace and of electing the fittest person; we could not think if his Holiness had been rightfully informed, but that his pastoral love and benignity would have granted us (venturing our lives as we do for the primacy of his seat, and oppressed with many sorts of afflictions) the choosing of our Superior, or at least not to have given (as the Constitutive Letter specifieth) the perpetual election of him to the Cardinal Protector, a stranger unto us, unacquainted with the difficulties of our country, and distant by more than a thousand miles from us. To this end were the Canons alleged, as the circumstances and drift of the places where they are alleged, do witness. And therefore we cannot but fear a sinister intention in father Parsons, and in our other adversaries, that thus add to and wrest our words to the sense and purpose which themselves like best. But to return.  
The Constitutive Letter giveth also authority to our Archpriest to take away faculties granted by whom soever and he hath de facto taken away such faculties from some of us, as his Holiness himself immediately gave to the parties from whom he took them. A larger jurisdiction than any Metropolitan, Patriarch or legate Cardinal in the world hath, as we think, adjoined to his person or office. Which supereminency, together with the reasons aforegoing, seemeth most apparently to enforce, that M. Blackwe●● cannot be but reputed such a superior Prelate as is intended by the words of the Extravagant. Episcopi & alij Prelati superiores quocunque nomine conseantur: Bishops and other superior Prelates by what name soever they are called. Or if we should denominate the authority according as it is practised, we must needs call it a high prelacy, because it either dispenseth with the law of God, nature, and man, or violateth the same.  

IT either dispenseth with the law of God or violateth the same, because what God commandeth our Archpriest forbiddeth: for example, God commandeth, Libera eum qui iniuriam patitur, deliver him 
Eccl. 4.  who suffereth injury. Again, Liberate vi oppressum de ●nanu calumniatoris. 
jer. 22.  Deliver ye the violently oppressed from the hand of the calumniator. 
Prou. 24.  And in another place, Erue illos qui ducuntur ad mortem. Rescue them who are (unjustly) lead to death. But now our Archpriest prohibiteth under heavy penalties, even when our good names were rather in the act of dying, then in leading to death, and after the University of Paris had given sentence for us; not only our lay friends, or our fellow Priests, but also our ghostly fathers (who by privilege of that office, knew, saw, and were feelingly sure of the wrong and calumniation objected) to defend us by word or writing directly or indirectly, although they were bound by the foresaid law of God, and by the right of truth, charity and 
h Nau. in Manu. ca 24. nu. 17. 18 & 22 & ca 14. n. 10. Decretum 18. Octob. 1600. §. 4.  justice, to speak in our purgation. The words of our Archpriests decree and prohibition were these: Prohibemus in virtute sanctae obedientiae omnibus praesbyteris, etiam sub p●na suspensionis atque interdicti, (quort●m absolutionem n●bisipsis reseruamus) addo ettam amissionis omnium facultatum ipso facto incurrendarum: Laicis verò sub poena interdicti ipso quoque facto incurrendi, ne quisquam illam praeteritam inobedientiam (unde tanta inter nos extiti: pacis perturbatio) quovis modo, verbo vel scripto directè vel indirectè defend●re praesumat. We prohibit all Priests in virtue of holy obedience, and under pain of suspension & interdict, (the absolution of which we retain to ourselves) I add also under pain of losing all faculties, to be incurred in the deed itself: and the laity under pain of interdict to be likewise presently incurred, that no one, any manner of way, in word or in writing, directly or indirectly, presume to defend the foresaid disobedience past, which bred so great contention among us.  
Which part of our Archpriests decree, may seem the more severe, 
§. 3.  in that he himself in the paragraph next before (having sentenced and denounced to the whole Realm, that we were truly and really disobedient to the Sea Apostolic, and rebellious against his office instituted by the same Sea: would immediately after (the condemnation bearing no more truth than the foregoing have showed) forbidden us and all others, in the manner as is set down, not to defend that disodience by name, Which ●red so great contention among us, which as the whole world knows, was for that we would not yield ourselves guilty of the crimes, and most grievous abominations that were objected and maintained by the Society and their adherents against us. And indeed had not father Lyster, father Garnet, and father jones, with some other, most dispiteously, and alike unjustly massacred our good names, or our Archpiest not approved and patronized their infinite wrongs done against us, undoubtedly all had been at quiet long since, and never grown to the thousand part of that most rueful excess, to which the violent prosecution of their wrongs, and the unconscionable seeking to oppress us by strong hand, have carried the contention, and do still alas increase and nourish the flame.  
Saint 
i Prima. par. titu. t●rtio. c. 10 §. 10. reg. 4.  Antonine, 
k In ca cum conting it de rescriptis, remed. 2. nu. 30. & in manu. c. 1. 27. nu. 282.  Navarre, and other 
l Albert. Magnus. Panormit. Imola, Felinus, Alexander, Ne●o, joannes Andreas, Dominicus Perusius, cited in the places aforesaid.  authors of greatest name, affirm that a man may with safe conscience follow and practise that which one Doctor of fame resolveth to be lawful, so that it be neither repugnant to the authority of express Scripture, nor decree of holy Church, as we trow the censure of Paris is not, nor will our adversaries ever prove it to be.  
Again 
m Tom primo q. 63. art. 4. contro. 2. conclu. 4. vers. est hic. & idem colligitur ex tomo 2. in disp. de trib. & vest. ar. 3. contro. 8. in principio.  Salon, and all the school Divines write, that to be a probable and secure opinion, and may boldly be practised, without all scruple, which men of learning, wisdom, virtue, and well experienced in that kind of matter, shall agree upon, and set down to be true. And if two or three men of this sort, make a security in conscience, as none will deny; how much more secure and void of all fear may ou● friends and ourselves be, in the ungrounded imputation of enormous disobedience and other crimes, when as not only three or four of like quality, but more than three and four, the whole selected company of an ancient and most renowned University, whereof also three of them were the King's readers, and all the residue of reverend place and authority, chosen by the whole faculty to resolve the difficulties, that come from all parts far and near unto them, did both free us, and under public testimony attestate our clearness? The question, the answer of the University, and the decree of our Archpriest follow.   

ANno Domini millesimo sexcentessimo, die tertio Maij, propositum f●it facultati theologiae Parisiensi, quod literis cuiusdam Ill mi Cardinalis, quidam Superior Ecclesiasticus in regno quodam censtitutus est, cum titulo & dignitate Archipr●sbyteri, ut haberet authoritatem & jurisdictionem supra omnes alios presbyteros in eadem regno commorantes. Cardnalis autem in illis suis literis declaravit, se id fecisse juxta voluntatem & beneplacitum summi Pontificis.  
Multi autem ex illis Presbyteris recusarunt subsignare authoritati eiusdem Archipresbyteri, priusquam ipse obtinuisset literas Apostolicas confirmationis suae tenorem continentes, tum quia no●um omnino erat & in ecclesi● Catholica hactenus inauditum, illud genus regiminis, ut Archipresbyter universo regno preesset, & talem jurisdictionem haberet in singulos eius regni Sacerdotes: tum etiam, quia ex quibusdam verbis illarum literarum Ill mi Cardinalis visi sunt sibi videre, talem Archipresbyterum & authoritatem eius ex falsa informatione à summo Pontifice fuisse concessam: tum denique, quia in electione eiusdem Archipresbyteri, & consiliariorum eius, magnam adverterunt extitisse personarum acceptionem. Propter quas & al●as nonnullas rationes, Sacerdotes illi miserunt ad summum Pontificem nuntios, qui has suas difficultates ei aperirent, unaque significarent, se paratissimos esse in toto hoc negotio, alijsque omnibus, suae sanctitati semper obedire.  
Archipresbyter vero, & qui ab eius part stant, alios Sacerdotes schismatis accusant, quod literis Cardinalis quas etiam ex summi Pontificis voluntate exaratas dicit, parere detrectaverint.  
Quaestio igitur est, an illi sacerdotes sint schismatici? Et si non sint, an graviter saltem peccaverint?  
Viri Principes facultatis theologiae Parisiensis selecti à tota facultate, congregati in domo maioris Apparitoris sui, anno & die suprascripto, re maturè considerata, ita censuerunt.  
Primò, illos sacerdotes qui distulerunt obedire ob dictas causas, non esse schismaticos.  
Secundo censuerunt illos, eo facto in se spectato, non peccasse prorsus.  
De mandato dominorum Decani, & Magistrorum nostrorum deputatorum & selectorum sacratissimae facultatis theologiae Parisiensis. Delacourt.   

The English.  
IN the year of our Lord 1600. upon the third day of May, it was proposed to the faculty of Divines of the University of Paris, that by the letters of a most illustrious Cardinal, an ecclesiastical Superior was constituted in a certain kingdom, with the title and dignity of an Archpriest, to have authority and jurisdiction over all other priests residing in that kingdom. This Cardinal did also declare in those his letters, that he did it according to the will and good liking of the Pope.  
Notwithstanding many of these Priests refused to subscribe to the authority of the said Archpriest, before he had obtained letters from the Sea Apostolic, containing the tenor of his confirmation, as well because that kind of government was altogether new in God's Church, and hitherto never heard of, that an Archpriest should have charge over a whole kingdom, and such jurisdiction over every Priest in that Realm: then also for that it seemed to them by certain words of the Cardinal's letters, that the Archpriest and his authority was granted by false information: then lastly, because they noted great partiality in the choice of the Archpriest and of his Counsellors. Upon which, and some other reasons, these Priests sent messengers to the Pope, for laying open unto him these their difficulties, and therewithal to signify their greatest readiness, as in this matter, so evermore in all other to obey his Holiness.  
The Archpriest and those who are of his side, accuse the other Priests of schism, in that they deferred to obey the Cardinal's letters, which moreover he said were written according to his Holiness mind and pleasure.  
The question than is, whether these Priests be schismatics, and if not, whether they did commit at the least some grievous sin?  
The head & chief men of the faculty of divinity in Paris, chosen out of the whole company, assembled together in the house of their senior Beedle, in the year and day above written, after full and maturest consideration had of the matter, gave this censure.  
First, that those Priests who upon the above named causes deferred to obey, were no schismatics.  
Secondly, that they committed no sin at all in that fact, in itself considered.  
By commandment of our Dean and masters deputed and selected by the whole faculty of divinity in Paris. Delacourt.   

The Decree of our Archpriest in prohibition of the foresaid Censure.  
IN Dei nomine amen: In the name of God Amen. We George 
29. Maij. 1600  Blackwell Archpriest of England, and Protonotary Apostolical, by the authority sufficiently and lawfully committed unto us, do strictly command in virtue of obedience, and under pain of suspension from divine offices, and loss of all faculties in the fact itself to be incurred, all ecclesiastical persons, and also all lay Catholics under pain of being interdicted semblably in the fact itself to be incurred, that neither directly nor indirectly, they maintain or defend in word or in writing, the censure of the University of Paris, whether it be truly given or forged, whether upon true information or otherwise, as being prejudicial to the dignity of the Sea Apostolic, and expressly contrary to his Holiness Breve, and to the sentence judicially given by the two Cardinals appointed judges in our cause, and to our common peace so much wished for by his Holiness. And this we inviolably command to be observed under the pains afore specified, & greater also according to his Holiness pleasure.  
In this Decree, there occur many things that seem very strange: namely, that the sentence of the University is prejudicial to the dignity of the Sea Apostolic, and expressly contrary to his Holiness Breve. O Lord Christ! O Sir, our Superior! who are we, or what may our cause be, that not to be adjudged renegates from the Sea Apostolic, or traitors to God by sin, must be accounted a prejudice to the dignity of the sea Apostolic? strange, and so strange as it astonieth. You say, that the sentence clearing us of schism and sin, is expressly contrary to his Holiness Breve. We beseech you to quote the words, to show the place: for if it be expressly contrary, as you say, than the contrariety must needs consist in plain terms, not in deductions or inferences upon the tenor or purport of the Breve. Or if this much be not to be showed (as all the labour under heaven can never show it, because neither of the two words [schism, or sin] is used in the Breve, nor we that prolonged the yielding of our obedience, any where specified in the same:) we then pray you to frame the arguments which conclude and infer so much. For verily, we for our parts, do not see (as is said before 
* Pag. 109. 110 & 111.  in the place where we have discoursed of this very point) how any such inference can with understanding be made. Or if understanding be misled to make such an inference: yet we protest that we cannot connceive how the authorities that contradict the verity of such an inference, & which we have alleged 
* Pag. 58. & sequentibus.  before, can possibly be answered or colourably shifted off. Or were all the Canonists deceived, & their authorities worth nothing, yet if M. Blackwell be such a superior Prelate, as is contained under the words of the former Extravagant, and as his former faculties and largest jurisdiction must in all reason make him: then is it dead sure, that no such inference can be made, because that cannot be schism or sin, which the Extravagant decreeth, and commandeth to be observed, under the pain of losing the fruits of their ecclesiastical livings, that shall presume to transgress the precept.  
And as we cannot conceive how the censure of the University could be prejudicial to the dignity of the Sea Apostololicke, or expressly contrary to his Holiness Breve: so can we less imagine, how the same censure can be reckoned prejudicial to our common peace, so much wished for by his Holiness, unless our purgation of schism and sin, be such a bar or adverse hindrance of peace, as the one cannot stand or be effected except the other be repealed. Which lack of charity, howsoever it may sort with the kind of peace, that perhaps some of our adversaries affect, whose passion of overweening of themselves, is so puissant, as they can hardly, if at all, count that peace for peace, wherein our discredit is not proclaimed: yet we are sure that the stiff seeking of our dishonour cannot sort with that peace which his Holiness wisheth to be among us. For this being a charitable peace, & charity not rejoicing 
1. Cor. 13.  upon iniquity, but rejoicing with truth, the fathers of the Society, especially our Superior, should rather congratulate that we were acquitted by public sentence of a famous university, in the crimes objected upon error, then by opinionative defending their rash and temerarious judgement, make novissima peiora prioribus, their last actions worse 
Math. 12.  than their first against us.  
Concerning the other reason which our Archpriest allegeth also, as part of the cause why he did so severely prohibit the defending of the censure of Paris, viz. for that the same was prejudicial to the sentence judicially given by the two Cardinals appointed judges in our cause: we know not where to take the first exception, the whole and every word thereof lieth so lose and open. Father Parsons in the Apology, will 
Fol. 133.  not have the said sentence given so much by way of a judicial sentence, as by way of a letter, under the two Cardinals their hands and seals. So that if we may believe father Parsons, the sentence was not judicially given. Neither were the two Cardinals appointed judges to decide whether our deferring (for the causes rehearsed in the question) to receive M. Blackwell our Superior upon view of the Cardinal's Letter, were schism or sin, the matter merely considered in itself, abstracted from all circumstances: nor yet were their Graces appointed judges in the cause of any one of our whole company, save only in the cause of M. Bishop and M. Charnocke, as the title of the decree, and the decree itself doth witness. Again, their Grace's sentence doth not signify, that they inflicted the punishment upon our said two brethren, for refusing to subscribe to the new authority, or for coming to Rome; because there is no such thing set down: nay the contrary is expressed, in that the causes for which they were restrained from coming into England, or for going into the kingdoms of Scotland and Ireland, were only (as the words of the decree do testify) for maintaining controversies with other men of their own order, and for that it appeared in no case expedient for the English cause that they should return into England. Now to maintain controversies with other men of their own order, and to appear not to be expedient that they should forthwith return into England, are things different from deferring their obedience to the Archpriest, and from sending or going to Rome, for fuller knowledge of his Holiness pleasure, and to lay open our difficulties unto him. Besides, if the cause, in which the two Cardinals were appointed judges, 
See more of this point pag. 101. & sequentibus.  was the refusal to subscribe to the authority of the Archpriest instituted by the Letters of Cardinal Caietane, and for sending to Rome: then was Cardinal Caietane appointed judge in the cause that most nearly concerned himself, a thing against law, and so intolerable in the ministering of justice, as his Holiness would never have assigned him judge therein, nor the Cardinal for edification sake, have used the office, especially in designing the punishment. Or to grant (which is no more so, than a fox is a fearnebush) that the two Cardinals had given sentence in the same cause before, and otherwise, then did the university. What then? must the censure of a renowned university, one of the most famous in Christendom, be so lightly set by, abandoned, detested, and that in a matter of fact, as whosoever shall either defend or maintain it directly or indirectly, in word or writing, must, if he be a priest, be presently in the fact itself suspended from divine offices, and lose his faculties? or if such a delinquent be a lay Catholic, he must in like manner be interdicted ipso facto? A rigour, as the like whereof all the Annals and records of all the Prelate's actions since Christ's time hitherto, cannot, as we assure ourselves, yield one instance or near example.  
But that, which of all other points in the decree seemeth to be most out of rule, is the imposing of so heavy penalties for the direct or indirect maintenance of the censure. Whether the university gave the same upon true information or otherwise. This, this appeared so strange, as we hardly durst believe our own eyes, before we read the words over and over gain: nor should we so have believed the same, had the decree not come forth in the hand writing of our Superior, and under his seal. For, was it ever heard, that one Prelate, and of no higher calling them an Archpriest & Protonotary Apostolical, being also but a Bachelor of Divinity, & never reader in the faculty, would not only, so overrule the censure of a whole university, but so farfoorth to reject it, as to bereave Priests of their faculties, to suspend them from the altar, to interdict the Laity, man and woman, young and old, vulgar and noble, whosoever shall maintain the same so much as indirectly, and this, Whether the information given to the university were true or false. Was it ever heard, that Priests, having no other means to maintain themselves by, then by use of their faculties, and living every hour 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, rob of their maintenance, debarred from Sacraments, and incur all these spiritual punishments, for defending the censure of a most learned, famous, and Catholic university, in a matter neither decided by any decree of holy Church, nor contrary to any express authority of holy Scripture? Was it ever heard, that men and women, losing all their goods, and two third parts of their lands, only because they will not go to a contrary Church, and daily hazarding their lives and the utter ruin of their whole posterity, for profession of the Roman faith, for receiving Priests, for relieving their necessities, for the glory of God's Church, for preservation of Religion, for good example to their 
The penalties following the censure of interdiction.  even christian, should be exiled from use of all sacraments, put from being present at divine Service, and dying not to be interred in Christian manner, and to be thus disgraced, maligned, defamed and spiritually afflicted for adhering to their friends, approved to be honest by long trial, for taking part with their ghostly fathers in a matter of fact, discussed and determined to be lawful by public censure of a renowned university? Was it ever heard, that the like measure hath been met by an Archpriest to Priests, by a Superior to his subjects, by a father to his children, by a labourer to his brethrens coadjutors, by one living in persecution, against his fellows in the same persecution, and this by the counsel and direction of religious persons, who must not be counted sicut caeteri homines, as the rest of workmen in the same vineyard? O heaven! O earth! are ye not astonished, or do ye not close your eyes, from beholding the injustice, the inhumanity, the unnaturalness, the oppression, the affliction unspeakable, enough to stumble any that are not well stayed by grace?  
But besides these exceptions of our Archpriest against the censure, father Parsons as one being enured with the trade of devising shifts, descendeth in the Apology to other particulars, and telleth us that the said definition of Paris in very deed very little relieveth our case, and 
Fol. 115. & sequentib.  that we might well have spared to print it. but for making a vain flourish with ostentation of an Academical sentence. And why so? Marry because the information that was given to the Doctors, 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 us what man was at Rome, when you laboured and informed the Cardinal and his Holiness about instituting the subordination, to reply or tell them how false the information was? Had not you father Parsons, the drawing of the Constitutive Letter, the setting down of the instructions and additions? The day of judgement will declare you had, howsoever you cloud matters now from the sight of those that will not see light when the Sun shineth. Were there any Priests in England which were to live under the subordination that had a part, a voice, or were made privy to the design, save happily some two or three, of whom father Garnet your inciter and advertiser stood wholly possessed, and had the commanding of their pens, tongues and travels?  
You writ in several places of the Apology, that both the Laity 
Fol. 98. 99 & 117. & alibi.  and Priests desired by their letters, and expressly demanded of his Holiness a subordination among Priests. Show their letters, or give us some secret notice of their names, that the truth may be known, or we shall not believe you, but take thi●, as we must do innumerable other, for escapes of your pen and memory. You writ likewise, that if those reverend learned men had been indifferently instructed in the case how it passed, they would have been of a far other mind and judgement then to clear such a fact. And we do as verily believe, that if his Holiness had been indifferently informed how matters pass in England between the secular Priests and the fathers of the Society, he would have appointed a far other form of Subordination, than such as inlisteth but one side of the contenders, and maketh those that were their oppressors before, more potent to exercise their spleen, and exempteth them from out the compass of the jurisdiction appointed over the other. Rome, father Parsons, cannot persuade us, that ever his Holiness pious and tender conscience would suffer you to sit as you do, at stern, making laws for us, choosing our Superior, directing▪ governing and reigning as a Vice-pope over us, had he been indifferently given to understand of our Princes hateful aversion from you, and that not for your good deeds, or leaving the world, and the general aversion likewise, that most of our Priests conceive of your insincerity in many matters, and truthless dealing. Finally you add that they would not have cleared such a fact as hath caused so many sinful scandals. Here we must entreat you to name what kind of cause our action of delay was, of the sinful scandals that have followed. You must needs range it (as we think) under that kind of cause, which is called causa sine qua non, the cause without which the ensuing fact had not been committed, which as you know, the Philosopher's term, stolidam causam, a foolish cause. And sure, if our bearing off, and sending to Rome was lawful in itself, as beside the decision of Paris, the authorities before going do prove invincibly: your reason, for that such our fact hath caused so many sinful scandals, is weak & childish. For hath not the institution of your own order, approved by the Sea Apostolic, to be good and holy, been the cause sine qua non, of many sinful scandals? the world will witness, yea, in that many, some by their pens, some by their tongues▪ some after another manner, have spoken and done that, which was very sinful, and which they would not have done, had your order never b●ne founded. You know what the Prophet and the Apostle writeth, and of whom: Ecce pono in Zion lapidem offensionis & 
Esa. 8. Rom. 9  petram scandali. Behold I put in Zion a stone of stumbling and a rock of scandal. And yet we are more than sure, that you will not infer any of our saviours actions to be unlawful, albeit they caused many most sinful scandals in the kind of cause above mentioned.  
But now, let us see how you show the information given to the Sorbon Doctors to be wrong, defectuous▪ false & sinistrous. For every of these is your own Epitheton. You make 6. exceptions to this purpose. The first is, that we in proposing the question, said only, that an ecclesiastical Superior was constituted by the Letters of a most illustrious Cardinal, not telling the Doctors that he was Protector of the nation, which doth much increase (as you say) his credit for matters touching the country under his protection. The invalidity of this exception is refuted before: & the Cardinal not instituting 
Pag 66. & 67.  the subordination by any virtue of his Protectorship, but only by commission from his Holiness, what did the adding, or not adding that the Cardinal, who was his Holiness delegate in the action, was also Protector of the nation, import? sith the institution of the subordination did not belong to his office of Protectorship, and consequently we not bound to obey his letter until he had proved the commission, because Literis cuiusdam credendum est, de his quae facere 
De probati. §. 3 nu. 15.  potest vel debet ratione officij sui. Belief & obedience saith Speculator, is a tribute due to be given to the letters of those that command the things, which appertain to their office. So that, the ordaining of the subordination being a thing not belonging to the office of his Protectorship, we held it superfluous to set down in the state of the question, that the Cardinal who by his Letters instituted the subordination, was also the Protector of our nation. And whereas you say, that the adding of being Protector of the nation doth much increase his credit for matters touching the Country under his protection: we say the same, if either you mean [by matters] such as belong to the office of Protectorship, or do mean that the title of being Protector doth much increase his credit, though not so much as we were bound to believe and take his Grace's word for warrantise of his Holiness commission unto him. But if you mean another, or greater increase of his credit then either of these, than we descent from you in opinion, and assure ourselves, that ye can never make good by reason or authority that which you say herein.  
Your second exception. That we putting down the question, did but only signify that the Cardinal did it according to the will and good liking of the Pope, but did not tell them that it was, expresso mandato, by his Holiness express commandment, which the Cardinal setteth down clearly in his Letters. Father, your little sincerity, or rather boldest audacity amateth. For, where doth the Cardinal clearly set down in his Letters, that he received an express commandment to erect a subordination? Certes, either your ignorance appeareth gross and very faulty, that would not overview the letter before you affirmed out of it a matter of such weight: or your audacity in the affirmance: there being no such commandment. We grant that the Cardinal in the beginning of his Letter maketh mention of an express commandment received from his Holiness to make peace in our country, to the example of the peace in the English College, but what is this to an express commandment of erecting a subordination, especially so afflictive & burdenous in our whole church? How little these two do follow one another, and how the express commandment of doing the one, is not nor cannot be the express or tacitive commandment of doing the other, the three first Propositions with sundry other places in our 
Pag. 23 & ●4.  second Reason, do manifest and confirm abundantly. When the Cardinal came in his Letter to appoint the Subordination, he made this entrance: For so much as some men think it would not a little avail to the making of peace, if a subordination were constituted among the English Priests, and the reasons yielded by the Priests themselves (which was but M. Standish only, so far as yet we know) for the same, were approved by our holy Father: we following the most godly and most prudent will of his Holiness, have decreed to ordain a subordination. Where is the express commandment you talk of, and which, as you say, the Cardinal setteth down clearly in his Letter, we mean, an express commandment of instituting a subordination? Verily we must answer you with a Non est inventus, except you can lend us a spirit to find that which is not. We propounded the question in as full or more large terms then the Cardinal used: for his Grace wrote sequentes voluntatem, we following the most godly and prudent will of his Holiness, have decreed to ordain a subordination. And we, in the state of our question wrote, that the Cardinal did also declare in his letters unto us, that he decreed the subordination juxta voluntatem & beneplacitum, according to the will and good liking of his Holiness. So that where the Cardinal said, he did institute the subordination following the will of his Holiness, we added that not only he did it, following his will, but that also he did it according to his Holiness good will and pleasure, which is somewhat more ample, or of greater emphasis.  
Your third exception. We concealed another thing uttered also in the Cardinal's Letters, to wit, that a subordination was demanded by Priests letters to his Holiness. What? did you dream when you wrote this? for where, we pray, is it uttered in the Cardinal's letters, that Priests in their Letters to his Holiness did demand a Subordination? Fie, what failings are these? must we think the cause you plead, no better, but that it requireth to be upholden with such apparent falsities? The Prophet saith, in detestation of idols, Lingua ipsorum polita à fabro, ipsa etiam 
Baruc. 6.  inaurata & inargentata, falsa sunt, & non possunt loqui. Their tongue is polished by the Carpenter, and themselves being gilded and silvered over, are (notwithstanding) counterfeit and cannot speak. We know not what Art hath polished your pen, but certain we are, that howsoever, the counterfeits she draws, show fair to the outward view, yet looked into and examined, they are false, and, as idols, speak little truth. Again, how shall we know, that his Holiness allowed of the reasons? You set it so down indeed, in the Cardinal's Letter, and we believe it so far, as it is meant by the reasons touched in M. Standish his oration to his Holiness, a bird (as all men think) of your own hatching: but if you understand by the words, the reasons that the Priests yielded in their Letters to his Holiness, when they demanded a subordination of him, as the words themselves must needs infer: then we do not believe it, because we cannot think, that any of our fellow Priests did ever write such letters to his Holiness. But let it be true, that his Holiness allowed of the reasons which the Priests made in their Letters unto him for a subordination: yet we know, and not only by his Holiness words to some of our brethren, but even by the record of your own reports, that his Holiness yielding to grant a subordination, would not assign the particular subordination till he had received signification from the priests in England, what kind of subordination 
An holy prudence, that those who were to obey and boar the heat and burden of the day should make choice of the subordination and superior.  we liked, and best agreed with the state of our country. And thus having his Holiness word for warrant, related also by yourself to some of our company: had we not good reason (we ask the indifferent and all of judgement) to think (we not advertising his Holiness of the kind of government we thought fittest) that surreption was used in the information, and consequently to delay as all laws permit, the submission of our obedience, until the truth and state of matters were better known? Undoubtedly these, howsoever they appear to other, convinced our understanding, and bid us not to fear sin, neither to doubt but that his Holiness would take in good part, if not thankfully, our sending unto him about the premises.  
Your fourth exception: We said (in putting down the state of the question unto the University) that many of us refused to subscribe to the authority as though we had been a great multitude, or the mayor part. Good sir where do you read that this word [multi many] must be taken for a great multitude or for the mayor part of that company whereof it was spoken? The Canon hath 
a 4 q. 3. § si testes.  Pluralis locutio duorum numero contenta est: the speaking in the plural number, is verified in the number of two. And Panormitane writeth, that 
b In ca ad nostram de reb. ec. alienat. nu. 5.  Duo dicuntur multi, two are called many. And although the words [many & few] do take 
c Gloss. in ca Latores de Cler. ixion. vel depos. verb. Multitudinem.  their most proper and relative denomination of the number whereof they are averred to be many or few: yet no doubt, fewer after this account would bear the name of many, then so great a multitude or mayor part as you require, and seem to infer that the Doctors understood by our words in the proposing of the question, and that they made it one of the causes why they cleared us from all sin in the nature of our fact.  
Undoubtedly sir, to make that this your fourth exception should carry any weight▪ it is of necessity that you first prove (and yet it is a thing which you can never prove) the small or great number of the refusers to subscribe, to be of that intrinsical alliance or essence with our fact, as it made the same in his own nature sin or no sin. For if the nature of our fact in delaying our obedience, and sending to Rome, were not changed by the small or great number of us, who in such sort prolonged to receive the authority: what skilleth it, or what difference can it put, the fact considered in itself, (for with that limitation the university delivered their censure) whether the doers were many or few, one or a thousand, this being but an accident and a circumstance, and of no such omnipotency, as could possibly change the nature of the fact in itself considered? Further, if notwithstanding that which we have said, the exception must still appear of force (as all that are of judgement do well see, it cannot) yet the same is doubly satisfied in our 
Pag. 92.  answer to the fourth objection of our adversaries, to which place for avoiding of unnecessary repetition we refer the Reader.  
Now that which you add for explication or better proof of the exception, bewrayeth a worse conscience. Your words be these: That not being the twentieth part at the beginning of those that admitted the government, if we have increased our number since, it hath been by as false information as this was to the Doctors of Paris, and by persuading them to the participation of our liberty and freedom from all government, which is a sore bait for young men, as all the world knoweth. Is this your charitable judgement father, that neither we, nor our brethren had better ends in our actions then you specify, and which you reckon by verdict of the whole world, a sore bait for young men? But let us see, now you have passed your censure over us, how true the same is. The censure consisteth of these three points: first, that we seduced our brethren by false information: then, that we persuaded them to the participation of our liberty: thirdly, that this liberty and freedom from all government, was a sore bait for young men, as all the world knoweth. So that you make the means, by which we drew our brethren to our side, to be sleights and leasings: and our end, why we drew them, no other then to have them our fellows in liberty, and in such a liberty as all the world knows, to be a sore temptation to young men.  
Touching the first, what false information could this be in particular by which you say we beguiled our brethrens? were not all our brethren who have since turned for us, or manifested themselves to be of our mind, both eye and ear witnesses of all matters as well as ourselves? were they not evermore lookers on, & privier to our adversaries proceed, than any of us, from whom they were more averted? Surely if you know what the particular information was, by which we won them to our part, you may do well to set the same down: or if in case you do not know the information in particular, than we ask you with what conscience do you so confidently aver it to be false? not knowing it what it was? When you shall open this much, we doubt not, but that we shall be also able to give you and the world satisfaction to the contrary. In the mean, we deny your speeches to be true. But what say we? do we deny them to be true, sith you affirm no more, but that we increased our number by as false information, as was the information which we gave to the university, and which being true, as we maintain, and the other information to our brethren, by your own words, but as false, we are content if this much do please, to allow the comparison? Nevertheless the truth is, that the information and motives which invited some of our brethren to manifest themselves, and drew others to amend their former hasty error in receiving so fruitless an authority, upon the sole warrantise of the Cardinal's Letter, was times deciphering 
The true causes of the increase of our numbers.  of matters, the love of truth, the direction of their own consciences, the inward working of their compassion, the sorrow & grief their hearts felt, by seeing how unjustly we their brethren were slandered, and how violently beyond all measure, extremities were carried & prosecuted against us: and this upon no colour or inducement more than because we were few. So that compassion of our miseries, and love of lessening the burden by dividing it among more, were the means and information that increased our number, and not the participation of our liberty, and the sore bait thereof. Neither is there scarce any one Catholic or Protestant in our country, that marks how matters pass, but can tell, that we only, and none but our party are punished by the Archpriest. Which thing whether it be true or no, or not more than our words import, let the taking away of faculties from several of the Appellants since the making of the appeal: let the suspending and interdicting of us: let the solemn declaration which he made by his letters addressed to that end, universo clero Anglicano, caeterisque 
In his letter of the 21. of February, 1601.  Christi sidelibus in Angliae regno commorantibus: to the universal English Clergy, and other faithful people of Christ, abiding in the kingdom of England: let his refusing of our appeal, 
* In the same Letter. In his letter of the 16. of May 1601. D. Bagshaw. In his Letter the 18 of March 1601. M. Colleton.  let his strange inverting of our words: let the contumelies in calling one of us, Erraticus & per saltum ascendens Doctor, a wandering Doctor & ascending by jumps: and another, the son of Belial: let the exempting of us from having part of the common dividents, if we be prisoners, or if we be at liberty: let their excluding of us from all places and favours where the adverse part can prevail: let the disgraces, the obloquys, the slanders that are every where in city and country spread, tennised and maintained against us, and the freedom, and rich friendship which our brethren of the other side find, bear witness and decide, whether the participation of our liberty, and the freedom we enjoy, above our fellows of the other party, be a sore bait for young men: or not rather most potent means to deter both young and old from taking part with us.  
Moreover there be some Priests in our country, who for that they 
The rigour of the government.  be destitute of friends, and know not how possibly to live, if they should openly appeal, or otherwise manifest their conscience in matters, have written and protested to his Holiness that they dare not appeal, by reason of the foresaid extremities. Again, our Archpriest 
In his Letter of the 21. of Febr. 1601. Stilo Romano.  warneth and exhorteth in our Lord all Catholics,  omnibus modis quibus possunt, nos vitent: that by all means possible they should shun our company: and taking us to be breakers of peace, he wisheth them as they do show themselves patrons and foster-fathers' of the Church of Christ, Omni ope atque opera juxta Apostoli praeceptum etiam confundere nitantur: that they would labour by all helps and furtherances to confound us according to the precept of the Apostle. Likewise one of the Assistants 
M. Standish words to M. Dr●w●e.  said, that he would no more from henceforth account the Appellants his brethren, nor otherwise esteem of them, them of B●l & Top●lif. Also another Priest of like forwardness adviseth that our company should be shunned 
M. G.  as his, who hath a plague sore running upon him. And some Priests that are not known to adhere unto us, have told us, that if their benefactors did know they were in our company, they would discontinue their charities, & withdraw their good affection from them. All which, to our seeming do convince, that the benefit and liberty we enjoy, by appealing is not so sweet a bait for misleading young men, as the matter is made, but rather, most sour aversions, and such as he that is a young man, and not a signior in virtue and in contempt of worldly favours, will beware as of his undoing, how he appeals, or have commerce with us in the cause.  
And albeit we have stayed long about the confutation of this reason, yet here we cannot omit to note one thing more, viz. that you having otherwhere affirmed that we were not above ten, or not so many, and 
In the libel the 10. of january 1599 In your letter to M. Bishop the 9 of October 1599  repeating also in this very place that we were not the twentieth part, at the beginning, of those that admitted the government, would nevertheless after the reading of our appeal, and seeing thirty of our names thereunto, make a doubt by an if, whether we have increased our number since. Certes how slow of belief soever you would make yourself to appear in this point, yet our Archpriest is not so incredulous: for he said not long since, by credible relation, that the Laity had need to stick unto him, for the Priests were fallen away. Neither do we doubt, if there were a commission granted to examine every Priest on his oath how he liketh the government, but that the number of those which would depose for it, would be very small, and hardly twenty besides the Assistants in all England, if all the Assistants should take these oaths for the allowance thereof, as we doubt they will not.  
Your fifth exception: that we pretended only to refuse to subscribe to the authority of the Archpriest before he had obtained letters from the Sea Apostolic for confirmation, as who would say that this being done, we meant to be quiet. Sir, how highly you esteem of your own credit, yet deeds being ever of more power to persuade then words, we hope, especially having thousands of witnesses on our side, that our deeds will be credited before your words. Did we not all presently upon the arrival of his Holiness Breve, receive the authority, and subject our obedience to M. Blackwell? the matter is plainer than can be denied, and it is acknowledged by our Archpriest, and fuller by father Garnet in their letters which are set down in the tenth Chapter of the Apology, yea yourself entitleth that Chapter in this manner: of the 
Fol. 146. & 147. Fol. 148.  ending of all controversies upon the publication of his Holiness Breve. But you call in doubt whether the peace that was made, and our accepting of the authority were inwardly and sincere, or outwardly only for a show to satisfy the world for a time. What shall we answer? you know those words of Solomon: Multos supplantavit suspitio illorum, & in vanitate detinuit 
Eccle. 3  sensus illorum. Suspicion hath deceived many, and detained their judgement in vanity of error. And you know also, from what bad roots S. Thomas teacheth the sin of suspicion to grow, and chief 
2. 2. q. 60. art. 3. c.  from this, that being culpable ourselves, we become easily inclined thereby to deem others guilty of the same faults, according to that saying of Scripture cited by the said Doctor for proof of his words, In 
Eccle. 10.  via stultus ambulans, cùm ipse sit insipiens omnes stultos aestimat. The dissembler or frail person esteemeth all others to be like himself.  
Let us now see the grounds upon which you build so sinister a conceit, as that neither our admitting of the authority upon sight of the Breve, was more than a pretext, nor the peace which some of us made, other than sergeant, concluded only in external show for the time, 
Fol. 148.  upon assurance that there would not want some probable occasion afterward 
A charitable surmise of a religious man. Fol. 149.  to break again, and to lay the cause of breach upon the otherside. The only conjecture you allege of so hard a surmise, is part of an appeal which you cite in this manner. We whose names are underwritten do contest that we do appeal, and to have appealed by our former writing, from you to the Sea Apostolic, as well for ourselves as for all our brethren, who have adjoined themselves unto us in this cause, or shall adjoin themselves hereafter. 6. Maij 1599  
And having rehearsed this whole passage, you add immediately: By this Appeal not only for themselves but for all others in like manner that shall join themselves unto them (which is against the nature of all just appeals) is easily perceived that an egregious faction was meant. O Lord! who did ever hear a weaker presumption of so grievous a charge? we did appeal for ourselves and others, which is against the nature of all just appeals. Ergo we dissembled the peace we made after: Ergo an egregious faction was meant before. Good consequences. Abel offered 
Gen. 4.  to God a pleasing sacrifice: Ergo his brother Cain justly killed him. As good a sequel. The Egyptians oppressed and miserably afflicted the children of Israel: Ergo the children of Israel committed sin in resigning 
Exod. 1. 3. 4.  themselves to the conduction of Moses, whom God had appointed to deliver them out of the bondage. Mary Magd●●ē wrought a good work in pouring the box of precious ointment upon the 
Mark. 14.  head of our Saviour: Ergo judas taxed her worthily: which followeth as well, as your argument or presumption against us, that therefore we doubled in the making of peace, as having an intention afterwards to break again, and to lay the cause of breach upon the other side, because we appealed for ourselves and others adhering unto us. And where we pray you, do you find it written, that to appeal for others, who have or shall join themselves unto us in the same cause, is against the nature of all just appeals? Panormitane, the approvedst Author of all the expositors of the law, calleth this manner of appealing, common and usual. Nota [adhaerentes eisdem] pro communi consuetudine appellantium, 
In ca Olim de accusat▪ nu. 2.  qui appellant pro se, & sibi adhaerentibus. Note, saith he, by the words of the law [adhaerentes eisdem] for the common custom of Appellants, who appeal for themselves and for those that adhere unto them: which form also of appealing, he proveth to be lawful by the first Chapter, De officio judicis delegati, and by the Chapter, Olim de accusationibus, inquisitionibus, & denunciationibus. Or be it that the form of our appeal made it doubtful whether we intended thereby to make an egregious faction, and to that end dissembled the peace (as how little these things could be doubted of by the nature of the appeal and our actions, there are none, who are not disposed to pick quarrels but do see:) yet 
D. Aug. li. 2. de Sermone Domini. ca 28.  those that are brought up in the school of charity, know that dubia in meliorem partem sunt interpretanda. Things doubtful are to be interpreted to the better sense, and that we ought not without manifest conjectures 
D. Tho. 2. 2. q. 60. art. 4.  to suspect ill of another, and less, make known and publish our suspicion.  
And touching the beadroll of defamations, which you say might have been laid down against us, if there had been any man there present of the superiors side to inform the good Doctors: as of pride and arrogancy, of our disobedient & tumultuous behaviours, of the revel we kept throughout England, by writing, sending, and persuading against the Pope's ordination; what reasons we invented to discredit the Protectors letters and person, as also the Archpriest our immediate superior appointed: what terrors we cast into lay men's heads of admitting foreign authority from the Pope: which tendeth to a worse consequence than all the rest. Sir we hope that neither God nor good man gave you the dispensation you take in depraving us, and that in points most open to disproof. For first concerning the pride and arrogancy you impute unto us, in that being scarce ten against 300. we durst make so dangerous a division among Catholics in the sight of the common enemy, and in time of persecution. What was the dangerous division you thus exaggerate? was it more than a suppliant entreaty we made to M. Blackwell, that he would not enforce us to take him for our superior, before such time as we should receive more certain and particular proof, than yet we did of his Holiness commission to the Cardinal Protector, for instituting the subordination? Neither did we barely entreat him to this, but to the end we might the sooner win him thereunto, we offered and promised to obey him in the mean space, albeit we would not admit him to the authority he claimed. And that this was our petition and offer, and consequently the whole division at first, M. Blackwell himself cannot deny, who in his rejoinder to the said petition termed the same an insolent request, 
In his Letter to M. Heburne the 2. of March.  adding, that for him to yield thereunto, was nothing else but to yield unto undutifulness, and to give a preferment to our private inventions. And for the more clearness of this point, because it is of moment, we will here put down two several writings of others, whom our Archpriest counteth the chief of the faction, and which do most apparently witness so much as is affirmed.   

Anno 1599 8. Martij.  
QVaeritur an acceptare velim pro meo superiore Archipresbyterum, eidemque me subijc●re, quem alij dicunt jussu suae S 'tis alij vero narrant eius iniussu & per solum Ill ●● Cardinalem Protectorem super universum Clerum Anglicanum constitutum esse Superiorem.  
Dico, cum ex huius authoritatis occasione, & cius prima promulgatione, gravissima scandala & contentiones in Ecclesia Anglicana oborta sint, & inde adhuc magis quotidiè eadem ingravescant, asseraturque à multis praesbyteris hanc potestatem non ex jussu vel mandato S ●i D. N. institutam, sed ad quorundam privatorum instantiam, absque aut omnium, aut plurimorum certè sacerdotum consensu, vel notitia esse surreptam: interea dum communibus eiusdem Cleri suffragijs & votis ageretur de quibusdam mittendis Romam, qui à sua S ●● Episcopos peterent, vel suffraganeos in varijs regni provincijs constitui, & nobis praefici pro maximis Ecclesiae Anglicanae necessitatibus sublevandis: cum denique praesbyteri aliqui iam Roman profecti sint, qui S ●● D. N. de omnibus reddant certiorem, atque ad nos referant quid in quaque re sua S t●● statuere velit, ac iubeat observari: num videlicet Episcopos nobis praesiciendos, vel Archipraesbyterum decernat: dico inquam me nihil ad quaesitum iam posse respondere donec plenius constiterit quid sua S tas in hac controversia decernere & statuere velit. Sed cum primum S ●i D. N. sententia & decretum nobis innotuerit; eidem libentissimè & promptissimo animo in omnibus me pariturum profiteor. Interea autem dum haec sciantur, Archipraesbytero, quem narrant nobis superiorem iam esse constitutum, in nulla re contradicam, aut ●ius authoritati (qualis qualis fuerit) refragabor, ut Christiana pax, & charitas integra inter nos, & illaesa in omnibus permaneant.  
Ita ego joannes Musheus Praesbyter mea manu.   

The English.  
The year of our Lord 1599 the 8. of March.  
I Am demanded whether I will accept the Archpriest for my Superior, and submit myself unto him. whom some affirm to have been appointed Superior over all the English Clergy by commandment of his Holiness, some others say without his commandment, by the most illustrious Cardinal Protector only.  
I say, that whereas by occasion of this authority, and by the first promulgation thereof, many grievous scandals and contentions have grown in the English Church, and more do grow daily upon that occasion, and whereas it is affirmed by many Priests, that this authority was not instituted by the commandment or mandate of his Holiness, but procured by surreption at the instance of some particular men, without the consent or notice either of all, or the most part of Priests: in the mean while, sith there is order taken by common suffrage and request of the same Clergy of sending certain to Rome, to the end to crave of his Holiness the constitution either of Bishops or suffragans in sundry Provinces of the kingdom, and to appoint them our governors for relieving the great necessities of the English Church: and lastly whereas certain Priests are already gone to Rome to certify his Holiness of all these affairs, and to advertise what his Holiness shall in every thing determine and command to be observed: to wit, whether he will ordain Bishops or an Archpriest over us: I do therefore say, that I can make no answer to this demand, till such time as it shall more fully appear, what his Holiness will decree and establish touching this controversy. But so soon as ever the sentence and decree of his Holiness shall be made known unto us, I protest I will be ready most promptly, and willingly, to obey the same in all things. In the mean, till the things be known, I will in nothing contradict the Archpriest, whom they report to be constituted Superior over us, neither resist his authority of what nature soever it be, to the end that Christian peace and charity may remain sound and unblemished in all respects among us.  
This much I john Much Priest do attest under mine own hand.   

Very reverend Sir,  
ALthough some be pleased to pass their hard censures of me, yet by the record of my own conscience, I both fear and am loath to offend, and do no way affect ignorance: I requested you once heretofore, and now again with all imstance and like humility do redouble the petition, that I may receive from you perfect notice of all such particulars wherein your authority bindeth me to obey. Suffer not (good sir) an unwilling mind to err, I hope I ask no other thing, than what of right to me belongeth, nor after an undue manner. Verily, if I see myself, I dare affirm my will and care for such, as I would not for aught advisedly disobey in any command whereto the most of your authority stretcheth▪ or may justly be extended. In other points wherein my understanding holds me not tied, I must confess that the manner of usage I have received from you, and the hard conceits which you carry of me divulged and brought by many ways to my hearing, have made me much less respective and of more unfriendly demeanour then otherwise I should have been, or by nature am inclined to. Far you well. 11. of August. 1598.  
By him who desireth to see and amend that is or hath been amiss. I. Colleton.  
These show how dangerous the division was which we made among Catholics in the sight of the common enemy, and in time of persecution, as you describe & amplify the matter. Neither was the division greater between us, nor otherwise known but by their own publishing, till such time as father Laster divulged his discourse, and our Archpriest decided our disobedience to be alike enormous, as we could not defend the same without mortal sin. And now also after the increase of so many wrongs, what have we done? Mary we made suit to dispute the case with the fathers of the Society, and refused to grant ourselves to be so desperately fallen from grace, and the unity of God's Church, as they would needs make the world and ourselves believe that we were. Again being denied this, we sent to the university of Paris for their censure in the difference. Further, being debarred also under heaviest penalty to maintain even indirectly the sentence which the university gave for us, we appealed, having no other refuge, to his Holiness, for redress of the oppressions. And here lo, was the beginning, progress and quality of the division.  
Now we must demand of you father Parsons, that knows thus perfectly how to aggravate the matters you take against, whether our delay and sending to Rome, and our promise to obey M. Blackwell in the mean, were like to make so dangerous a division, etc. as was the treatise of father Lyster, specially approved and praised in the rate it was, and highly commended by yourself? Sure if our disunion in not consenting 
To M. Charnocke whiles he was prisoner in Rome.  to our other brethren, wherein all learning was with us, and the ordinances of holy Church against them, and we not knowing when we first dissented, but that they would demur as we did, about the absolute admittance of the authority, were a thing so dangerous (as you relate) to be attempted among Catholics in sight of the enemy, and in time of persecution: the other division which father Lyster and other of the jesuits made, was beyond all proportion more dangerous, as wherein so many fails of modesty, learning, judgement, civility and charity huddled together. But as our proverb is, some may better steal a horse, than some others look over the hedge.  
For our tumultuous behaviours, for the revel we kept in writing, sending and persuading against the Pope's ordination, for the conventicles and tumults we made to draw men into faction, because you barely affirm them without making any proof, or descending to any one instance, we will leave those that know us and our actions, to judge of the truth of the accusations, and to take you for such a one hereafter, as the liberty of your pen deciphereth you to be. But touching the reasons we invented (as you say) to discredit the Protectors Letters and person: because you set them down in another place what they were in particular, we will answer unto them. You affirm, that to diminish his Grace's estimation with the Catholics, we wrote he was Protector of the English College at Rome, and afterward honoured by the title of Protector of England, but 
Pag. 17.  we did not grant (say you) that he was so indeed: was not this a high point in a low house trow ye, and worthy to be taxed by a religious pen? Can his Grace's estimation, especially being more than a twelvemonth dead before the writing of the words, be diminished with the Catholics of England thereby, who never knew him, nor scarce ever heard whether there was such a man or no? or was our acknowledging of him to be Protector of the English College at Rome, and our granting that he was afterwards honoured by the title of Protector of England, a denial that he was so indeed? who would thus infer that had his wits about him? But you go onward, and make another reason of our discrediting his Grace, because (forsooth) we no plainer acknowledging him to be Protector of England then is said, did add that we were not bound to believe him in a matter of so large a consequence as the institution of the Archpriest, without Bull or Breve. A reason much like to the former. For it hath been showed before, that it is no discredit 
Pag. 62 & 88  to a Cardinal not to be believed on his word, in matters greatly prejudicial to others because according to the Maxim, Non attenditur 
Decius in ca Causam quae. de office Deleg. nu. 26.  illa presumptio, quòd quis praesumatur bonns, ubi agitur de praeiudicio tertij: for a man to be holden good, is no presumption to be regarded, where the matter concerns the prejudice of a third person. You fashion a third argument for proof that we laboured to discredit our Protector, because we wrote (you say) that he was known to be allied to 〈…〉 said to be ruled altogether against the English scholars and Priests, whose Protector he pr●tended to be. Are not these weighty exceptions? Will you infer it a discredit to the Cardinal to be allied to your General? or if not, why do you allege it? And touching the other part of the reason, are we the first, or only men who report that the Cardinal was said to be ruled by persons of your Order, against the scholars and Priests? You would be loath to feed all those that have, and do make this report besides us. Did his Holiness himself allow the scholars appellations from the Cardinal Protector, as reputed partial on the jesuits side and gave them other visitors, namely Cardinal Sega and Senior Moro at one time; and at another time, Cardinal Burghesio and the same Senior Moro? It is strange to see how fond you reason and lose yourself. A fourth reason of yours consisteth in that we wrote that his Grace's Letters drew on a general and extreme persecution upon our necks, and consequently were not to be allowed by us. Sir, here we must tell you that you clip our words, and maim or invert the sense: for these are our words in the place you quote: [What reason is there that his Graces bare Letters, the contents whereof drew on so great and extreme persecution upon our necks should be allowed of by us as a sufficient proof of the delegation?] Now mark how you change them. We made them a demand, and you make them positive, without ask the question. We said, the contents thereof drew on so general and extreme persecution; pointing by the word [so] to the mere punishing jurisdiction, which the Cardinal gave to the Archpriest, without counterpoise of any commodity at all, and to the increase of our danger and our Princess disfavour through the institution thereof: and you turn the word [so] into [a] which cutteth away the reference. And in stead of our demand, whether his Grace's bare letters, so prejudicial unto us, aught without any further evidence, to be allowed by us, as a sufficient proof of the delegation: you come in with a consequently they were not to be allowed by us, omitting that addition of ours, as a sufficient proof of the delegation. And if doubt be made, whether the contents of the Constitutive Letter can be said to draw on a persecution, let the jurisdiction granted to the Archpriest, of removing us from the places of our residences: of binding us to stand to his decision and arbitrement, in the doubts and controversies that shall arise: of prescribing what he listeth, and of forcing us to obey the same under loss of our faculties: Let these and other of like quality declare, whether the contents of the Cardinal's Letter may not bear the name of moving a persecution, when the person to whom the like ample authority was committed, was promoted to the office, and directed in the execution thereof, by those that are the chiefest and most potent parties of the other side of the difference: yea, the very setters down of the ordinances. Verily whatsoever others may think in this point, yet we that are the sufferers, and against whom the spleen is borne, do feel more aggrievances, and a heavier weight of persecution by the use or abuse of the jurisdiction granted, than we do by the strait condition of the laws of our country. In brief, for conclusion of the premises, and for binding up all to our greater reproach, you say, It is sufficient to show our passionate and discomposed minds, for that, the Cardinal protector now gone to God, having been to all our nation a most dear patron and father in all occasions, we notwithstanding, in all speeches and writings do speak every where very unkindly and unreverently of him. Sir, if we should ask you, what these unreverent speeches & writings were, the instances would be to seek, unless you devised matter of your own coining Or to let this pass, whom should we believe, you, or the famous Cardinal Allen gone also to God? who told M. Much, that the said Protector never did, nor ever would, as he feared, do good to our country. And we are sure, that few or none tasted any part of that you report, except M. Haddock (who left our camp, without any great loss to our cause) and perchance some other devoted persons whom you recommended. And here we humbly request, that we may not be thought to write this (being more than any of us wrote before) either upon another motive, or to other end, than we did; that is, to purge ourselves of the note of hateful ingratitude, which you impute unto us, and to show how little belief you deserve in many of your writings.  
Touching the last calumne in the beadrole, uz. the terrors we cast 
Fol. 117.  into lay men's heads, of admitting foreign authority from the Pope, which tendeth (you say) to a worse consequence than all the rest, and by which (as 
Fol. 14. 15 & 16.  you writ in another place) his Holiness and all other godly and learned men may see and pity us, but especially our spirit of vindicative and malevolous proceeding, etc. We answer; that you seem by this course construction of our words, to carry a very sharp disposition of wounding us in the speedingest place you can. Is your religious charity no more? That which was affirmed, was only that by the opinions of diverse men 
In the copy of Discourses. pag. 6.  of judgement in the laws of our country, this our admitting of the Archpresbyteriall jurisdiction, may (by law) and will (by likelihood) be drawn within the compass of an old law of Praemunire made in a Catholic time, because it is an external jurisdiction, brought into our Realm against the will and notice of our Prince and country. This was the sum, and the worst of all that was written: and the cause of the writing was to yield a reason why we deferred to receive the Subordination upon view of the Cardinal's Letter; namely, because the prejudice it might this way turn us unto, was great, and great by an ancient law of the Realm. Which brought us into a most certain opinion, that we were no ways obliged in conscience (notwithstanding the contrary position of the jesuits and our Archpriest) to admit the Subordination upon the sole credence of the Cardinal's Letter, the prejudice we should incur by the admitting thereof, being as we have said, so great to ourselves, and profitable to none; and consequently, that which most of any other thing did justify our delay. Because no writer, who is 
See the Authors quoted pag 61. 62. ● 89.  largest in the prerogatives of Cardinals but doth hold, that in matters of very great prejudice, a Cardinal is not to be believed upon his word, in things that he relateth to have received from another. So that the cause which enforced us to mention the said law of Praemunire, being no other than to justify our bearing off, or to free ourselves in the crimes objected against us by father Lyster and others, and our words also which ensued in the very next page, witnessing that his Holiness lest command should ever bind us, though with hazard and loss of our lives, to accept of any Ecclesiastical jurisdiction which he should appoint & make known unto us, after a Canonical manner: we cannot but marvel, what passion guided or rather blinded your pen, in running thus eagerly upon us without just or colourable cause given, if you had been pleased to understand our intention and words aright. And we marvel the more hereat, in respect you fall into this invective humour, after our deeds had verified our words, and we really admitted the subordination, according to our promise, upon the first appearance of his Holiness Breve, notwithstanding the danger of the foresaid law of Praemunire, standing in force and inlisting us within the penalties thereof for so doing. A fact, wherein we little doubt whether the clergy of France or Spain would have followed us, if the case had been theirs, but would have respited their acceptance, notwithstanding the Breve, till his Holiness had been otherwise and fuller advertised, and the mischief provided for.  
But now we being so few, that is to say, some five or six, and such as we 
Fol. 15 & 119  were; (for so scornfully do you terne us) small account perchance is to be made of our right, specially standing against the design of a jesuite: we have to allege, Nulla erit distantia personarum, ita parvum audietis ut magnum. That in discussing of rights, there is no difference 
Deut. 1.  of persons or number to be respected, but the case of the few & small is to be tendered as well as the case of the many and great.  
Your other assertions that we by our foresaid naming of the Statute of Praemunire laboured to cast terrors into lay men's heads of admitting foreign authority from the Pope, and that we would have the Prince's consent to be needful for the legitimatio of the new authority, & denominate ourselves, being but some five or six, to be the Country, and that we also opposed ourselves against the Subordination, for that his Holiness had not asked our consents. These are so ill deductions, so far fetched, and savouring so strongly of the old leaven, that whosoever reads them must hold you far gone in passion, or drowned in indignation against us. Did the Subordination concern any lay man at all, when we mentioned the Statute of Praemunire? The Constitutive letter is as flat as flat may be, against any such inference or interpretation. For it only suiteth M. Blackwell Archpriest over the Seminary priests abiding in England or Scotland, and giveth him not the least authority in the world over the Laity, or so much as once toucheth any such matter. How shamefully therefore do you wrest our words, sith when we first wrote them, the Subordination implied none of the Laity, and were only printed to show, by reason that we were no such lewd persons, nor entangled in the censures of holy Church, as father Lyster with his adherents did most ignorantly or most uncharitably censure and divulge us to be. We assure ourselves father Parsons, that your restless spirit and pen, your enterprising and busy actions have turned heretofore our Catholic Professants to infinite prejudice; for to no known cause can we impute so much the making of the severe laws of our country, as to your edging attempts and provocations. And as we assure ourselves of this: so do we fear lest this your notorious playing and descanting upon our words, and your forward endeavours to 
Fol. 15. 110. 117. & 132.  draw all things after your own by as, may more endamage their hard state, than they will be ready or have cause to thank you for. Did you mean to bid all truth and modesty farewell, when you determined to put down in print that here is nothing but malevolence and disobedience 
Fol. 15.  discovered, with desire to bring the Archpriest and all those which obey him within the compass of temporal laws and treason. Hath our mention of Praemunire so soon hatched treason? And are you sure that so wicked a desire did possess us? Fie, fie, the liberty of your pen and conscience appalleth.  
To end our answer to this your fifth exception against the Censure of Paris, we would know what decision others do think that the said Doctors would have given in our case, if we had laid down in the state of the question, that the chief plotters, and procurers of the Subordination were some of the fathers of the Society, and none their cooperators or under-workmen in the action, but such only as were suborned or set on by them: that those who defined our bearing off and sending to Rome to be the sin objected, were some of the Society: that those who reported us to be excommunicate, irregular, without faculties, infamous persons, sacrificers in mortal sin, and the givers of poison in am of medicine, were some of the Society: that those who most precisely abandoned our company, and would not execute any divine office in our presence, nor in the presence of our lay-adherents, were some of the Society: that those who broached our troubles, reared the tumults, revived the contention, disquieted our Catholic communion, made parties or faction among Priests, kindled dissension between the laity and clergy, made dislike and division betwixt nearest friends, and blew the coals to all our stirs, were some of the Society, acknowledged in the Epistle of Pius Greil fol. 7. who first entering into our labours, we welcomed with all honour, we gave them the pre-eminence, we acquainted them with our friends and places, we extolled their order, and in a sort received them as the Galathians did S. Paul, that is, as Angels of God, and with like tender affection, as if it could have been, we would have plucked out our own eyes to have given them unto them. We say, if we had particularized these things in the body of the question as we did conceal them, and did not so much as insinuate that any father of the Society had a finger or his assent in the accusations: what would the learned Doctors have said, how would they have blushed and blessed themselves at the demonstration of the ingratitude?  
Your sixth and last exception: That no man was present in Paris to tell the Doctors how falsely we put down in the question, that it seemed to us by certain words of the Cardinal's letters, that the Archpriest his authority was granted by false information, and that partiality was used in the choice of him, and his assistants, and that our messengers to Rome, were not sent to lay open our difficulties to his Holiness, but rather to contradict and make a broil in Rome. Sir, we pray you to tell us whom you take your self to be? Must these be false because you affirm them so, without making any proof at all of their falsity? Verily we repute you for no such man as yet: and how little these your words do deserve such a respect, let the instances set down in our first Reason declare, which do 
Pag. 16. & sequentem.  manifest false information most apparently. Yea good nature would rather have commended the temper of our information, then reproved it, we saying no more but it seemed to us by certain words of the Cardinal's Letters, that the Archpriest his authority was granted by false information etc. when the matter we averred, was most evident by the testimony of the whole Realm. For who is so shameless as will affirm, either that the Catholic Laity were at dissension amongst themselves, or the secular Priests amongst themselves, or that both of these two were at variance one against the other? Auowances expressed in the Cardinal's letter, and alleged as the sole cause of instituting the Subordination. Sure, how worldly wise soever you are in other points, yet in this you show little: that would iterate and contend to bear down a matter with the sole weight of your own denial, wherein there be thousands that know and can convince the contrary. Saint Thomas, and common reason teach, that peccare mente obstinata aggravat 
2. 2. q. 88 art. 6. c.  peccatum, to maintain an untruth with a wilful mind, increaseth the malice of the sin.  
And whether partiality was used in the choice of the Archpriest and his counsellors, or no: we leave it to the common voice of our brethren to determine, and to the woeful effects which have merely proceeded from the imperfection and distemperature of the manner of governing: hoping that there are none of right judgement, but will see by the pieces of letters and other writings which follow, that we had reason to note partiality in the choice of the Archpriest and his counsellors. Tantum absunt illi pij patres ab omni appetitu dominij, ut nobis in omni loco 
A part of M. Blackwelles' Letter to the Cardinal protector of the 10. of january 1596.  insignis humilitatis, mansuetudinis, patientiae, pietatis & charitatis exemplar praeformarint. Valde certè ingrati essemus si non illos honore prosequcremur ut patres; amore complecteremur ut amicos; officio coleremus ut beneficos; study imitaremur ut magistratos; pietatis affectu agnosceremus ut patriae salutis, & Ecclesie apud nos varijs tempestatibus iactatae, pracipuos adiutores & acerrimos propugnatores. Qui illis detrahunt nec seipsos, nec illos norunt: nam qui sunt apud nos, qui advenientibus praesbyteris extransmarinis partibus auxilio sunt, nisi patres Societatis jesu? Domi exclusi, ab illis excipimur, indumento latera ab illis commodè & comptè vestiuntur, vict● destituti & pecunia ab illis sustentantur, & nescientes ubi commorarentur, quia ignoti, ab illis equos & alia ad iter necessaria habent paratissima, & loca etiam prudentissimè designata, ubi in lapsis recuperandis, Catholicis confirmandis, & in Dei cultu propagando laudabiliter laborare possunt. Neque hisce finibus concluditur eorum charitas. Nos enim ipsi qui pondus dici & aestus per plurimos annos sustinuimus, ex eorum fontibus in nostra necessitate plurimum allevamenti & consolationis habuisse nos liberè profitemur. Si sciret amplitudo vestra quantum pecuniarum ex proprijs suis patrimonijs (nam minima sunt quae ex eleemosinis illis obueniunt) in talibus & in alijs pietatis officijs patres insumpserint, & quàm promptè ad Sanctos ref●cillandos in carcere detentos, & alios varijs rerum & temporum difficultatibus implicatos & oppressos illi semper occurrerint, non dubito quin actutum coerceret effraenatam audaciam illorum qui invidiae stimulis agitati de patrum existimatione & charitate quicquam imminucrint.   

The English.  
So far are these holy fathers estranged from all appetite of seeking to bear rule, as in every place they prefashion unto us an exemplar of rare humility, mildness, patience, piety and charity. Certes we should be very ungrateful if we should not honour them as our fathers, embrace them with love as friends, reverence them with duty as liberal benefactors, with study to imitate them as masters, acknowledge them with affection of piety, as the chiefest adjutors and most earnest mainntainers of the safety of our country, and the good state of our Church tossed with sundry tempests. Those that diminish their praises, neither know themselves nor them. For who are they amongst us that furnish Priests at their first coming from beyond the 
Priests that are now most defamed.  seas, but the Fathers of the Society? The harbourless are received by them, those that want apparel are fitly and neatly clothed by them, those that are destitute of meat, drink and money, are maintained by them, and those that cannot tell where to abide, because they are unknown, have horses and other things necessary for their journeys most readily of them, and places also most prudently designed where they may commendably apply their labours in recovering the lapsed, in strengthening Catholics, and in propagating the service of God. Neither is their charity contained in these bounds: for we ourselves who have for many years born the burden & heat of the day, do freely confess to have had from their fountains in our necessity, greatest succour and consolation. If your Grace did know what sums of money the Fathers of their proper patrimonies have consumed (for it is little that cometh to them of alms) in such and other deeds of charity, and how promptly they have always showed themselves in relieving prisoners, and others encumbered and oppressed with diverse difficulties of things and times: I doubt not but you would by and by restrain the unbridled boldness of those who gored with the pricks of envy, have any whit dimmed the estimation and charity of the Fathers Thus far M. Blackwell in his Letter to Cardinal Caietane, before he was constituted Archpriest, and to which dignity the writing of this Letter, as it is generally reported, was his greatest furtherance. And since his promoting thereunto, M. Bishop made request unto him that for peace sake and contentment to all parties, he would choose some one or more of the Assistants that were left to him to nominate, out of the number of those of the other side, but he answered him and others as followeth.  
Petitis ut aliqui ex vestris ad communionem nostrae authoritatis admissi, 
A part of our Archpriestes' Letter to M. Bishop, M. Colleton and others, the 17. of August 1598.  saltem in numerum consultorum referri possint. Caeterùm quid aliud inde consequeretur, nisi monstrum ex contrarijs, diversisque atque inter se repugnantibus animorum studijs conflatum? Hoc non erit pacem constituere, sed quasi nubium conflictu, fulmen dissentionis emittere, cuius vi nos omnes conciderimus, ardoreque flammae conflagaremus. Ne quid tale accideret, prudentissimè providit Ill mu● D. Protector, ut qui authores proelij faciendi & cum Patribus confligendi fuerunt, illi ab omni curatione rerum apud nos & administratione removerentur. Non enim vuae ex spinis colligi possunt, nec ex tribulis ficus. That is: Ye desire that some of yours, admitted to the communion of our authority, may be chosen into the number of the counsellors. But what other thing would ensue thereof but a monster, composed of contrary and diverse dispositions of mind, repugning one the other? This will not be to make peace, but after the manner of fight clouds, to send forth the lightning of dissension, by whose force we all should be slain, and burnt with the heat of the flame. That no such thing might happen, our most Illustrious Lord Protector hath most prudently provided, that those who were the authors of making war and bickering with the Fathers, should be removed from all charge and government of matters among us. For grapes cannot be gathered of thorns, nor figs of thistles.  
Moreover the said Cardinal Protector, or to speak as the truth is, father Parsons in his name, used these words in the sixth Instruction annexed to the Subordination: Licet Superior ille ex consultoribus Archipraesbyteri non sit, quia tamen summoperè expedit suáque Sanctitatis id omnino cupit, atque pracipit, ut inter Patres & Sacerdotes summa sit animorum unio, ac consensio, & quia dictus Superior pro sua in rebus Angliae experientia, pro eaque quam apud Catholicos habet, authoritate plurimum poterit, ad omnes Sacerdotum consultationes adiument● adferre, curabit Archipraesbyter in rebus maioribus indic●um quoque eius consiliumque acquirere, ut omnia ordinatius ac maiori luce ac pace ad divinam gloriam dirigantur. That is: Although the Superior of the jesuits be not one of the Archpriests Assistants, yet because it is very greatly expedient, and his Holiness doth wholly desire and command, that there should be nearest union of minds and consent between the Fathers and the Priests, and because the said Superior, for his experience in English affairs, and for the authority which he hath with the Catholics, can most benefit and further all the consultations of the Priests, the Archpriest in greatest matters shall take care to seek his judgement and counsel, to the end that all things may the more orderly & with greater light and peace be directed to the glory of God.  
Now we appeal to the judgement of the wise, whether these things do not seem (and this was all that we said) to bewray partiality in the choice of the Archpriest and his counsellors. Or whether the contention now on foot among us, (and for appeasing whereof the Subordination is said to be instituted) being betwixt the jesuits and the Secular Priests, were like by this choice to take an happy or a peaceable end, when the Superior appointed, had before so engaged himself in the false praises of the one side, and alike untruly derogated from the due deserts of the other: when all the Assistants must be of the jesuits party, and none for us whom they impugned: when father Garnet our capital adversary, by express order must be called to consultation in all matters of moment, and nothing pass without his advice: when his calling also to consultation must be holden for a supreme benefit and furtherance of matters, and for a greater increase of order, light, peace, and the glory of God; and yet the admitting of any of our side to the same consultation, must be deemed as little consonant to peace and reason, as for men to seek grapes upon thorns, or figs upon thistles: when finally some of those that were chosen Assistants, and perchance chosen for so kind a part, had testified to the Cardinal under their hands in the behalf of the jesuits, that they knew the accusations which were exhibited or given out to be exhibited in a memorial against them to be false: (a testimony which they could not possibly give in the manner they did, unless they had been their guardian Angels, and present at all times, and every where with them:) undoubtedly if these and other particulars we could recite bear no note or badge of partiality; then surely neither heat is a quality of fire, nor moisture of water, nor the nose a visible thing in a man's face.  
Now than if you father Parsons strive to invalidate the censure of Paris, and would make it of no force, because no man was there present to speak of the Archpriests side, nor to reprove the reasons of our Information; how infinitely more may we return the same arguments back upon you, for weakening or avoiding the force of the Constitutive letter, and his Holiness two Breves? For who was there in Rome that advertised either the Cardinal or his holiness of the state of matters in our country, but yourself, and such trunks as you spoke through? Who was there that informed either of them how ill and jealously our Prince and the State would construe any form of government yourself should erect or procure? Who was there to control the falsities of your reasons, to check your slanderous reports, to discover the end of your drifts, or to acquaint them with your unconscionable trade of dealing? Who was there, to give them to understand how contentious you have been ever counted, and how overlong and troublesomely you have marchandized the Crown and Kingdom? Who was there to show his Holiness the contrarieties of the first Breve to the Cardinal's Letters, and of the second Breve to them both, and how grossly you carried yourself, especially in setting down the points of the later Breve, in which the demonstrations of surreption are so plenty, and palpable, as the meanest capacity may feel and handle them? Briefly, who was there in Rome, to inform his Holiness or that highest Court, how deeply, several of your actions have derogated from the most venerable reputation of that divine human Consistory, and how your oppressions and crafty stops of justice hath scandalised infinite in our country, as well Catholic as Protestant, that we say nothing of foreign Potentates? Verily we assure ourselves, that if these things had been delivered to his Holiness, and all matters, how they passed, uprightly unfolded, his holy zeal of justice and most compassionable heart, would never have suffered you so long to sway matters as you have done, and much less would his blessed fatherhood have refused our appeal without plainer decision of our case in the accusation and injuries objected, and without restoring us to the use of our faculties, or commanding the least satisfaction for the damages sustained being innumerable and most great, yea and that without making mention at all of the jesuits, or comprising them under the censure of the Breve, notwithstanding they were the only authors of the calumniation imputed, and the most stiff and continual maintainers thereof.  
Albeit we have been long in our reply to these exceptions, nevertheless we must crave the Readers patience, to touch a by-point or two which the father interlaceth in the treaty of the said exceptions. The first is, that whereas the Sorbone Doctors, did according to custom observed in all other the like resolutions, set down the persons, day, year, and place, where, when, and by whom, the case was decide●; Father Parsons, for that we should know, he keepeth his old wont of gibing, giveth a pretty frump by clipping their words, and adding of a parenthesis. Their words were these: Viri principes etc. The chief and principal men of the faculty of Divinity in Paris, selected out of the whole faculty assembled together in the house of the Signior Beadle etc. Which passage father Parsons curtalleth and carpeth at in this manner: No marvel if these Doctors that were chosen 
Fol. 116.  to meet in the Signior Beadle's house about this matter (for so it is set down also in this printed book) did lightly overpass the matter etc. Where it is to be noted that in stead of [choose or selected out of the whole faculty of Divinity, and assembled together in the house of the Signior Beadle] he loppeth the words and saith, were chosen out to meet in the Signior Beadle's house: as who would jest, that these famous clarks were chosen out to meet in the Beadle's house, and not selected out of the whole faculty to resolve all doubts which should happen to be sent to the University for their resolution. Or if father Parsons had no intention to gibe by contracting the words, then let him tell the reason why he added the parenthesis [for so it is set down in this printed book] the words being the words of the Doctors themselves, and put down for the causes above mentioned.  
The second thing we will touch, is, the favour that father Parsons pretendeth to show us, in that he will not impugn the censure of Paris further, then for that it cleared us from all sin, for of the other 
Fol. 115.  point of schism, he saith, he will not talk at all. Are we not greatly beholden unto him? His holiness second Breve was not extant when he wrote the Apology, as himself giveth notice in the Appendix▪ and therefore that was no cause why he omitted to urge this point against us. What then might it be, that caused this favour in him towards us? Was it in respect he misliked the imputation of that crime? No, for he commended the Treatise of father Lister to M. Charnocke; and said to M. Barnby in approvance thereof, that if we should reconcile any body, we did no more than if we should reclaim one from Atheism to heresy. Or did he befriend us thus far, in regard that by connivence of the fault, he might the sooner atone the difference, or for that he would not taint our good names? Let his depraving terms, let his exaggerations, his fetching of matters a far off, his bewailing our state, his winding of himself into narrowest creeks for small advantage against us, his fear of our revolt, his doubtful and half speeches wounding us deeper with the reader, then if he had spoken all he could and plainly. Let the invectives and bitterness he useth throughout the Apology and the Appendix, bear witness whether he omitted to handle that point for benefit of the common cause, peace, or our good names; or for that the assertion was so absurd, so childish, so contrary to all learning, judgement and common sense, and for such condemned also by some of the best in his religion, 
Fa. Magio and others.  as without utter wrack of his credit, he could not occupy his pen in defence of the paradox. What others will think in this point, we know not, but ourselves seem most sure hereof.  
The other points that we would have the reader to note in the delating and proof of the exceptions, are the words he useth, that he will 
Fol. 115.  not presume to determine any degree of sin touching the deferring of our obedience to the Archpriest, but will leave that to God and to the offenders consciences: and likewise his declaration, that well we might have spared 
Fol. 118.  to print the Censure of Paris, but that M. Champney would make a vain flourish with the ostentation of an Academical sentence. Of like he wrote the former without any deliberation, or did not afterwards remember what he had written, because in the eleventh chapter he defineth resolutely, 
Fol. 172.  that we were bound under grievous sin by all rules of true divinity to have obeyed with far less evidence than was showed unto us. Which doubtless seemeth to be written when his judgement was asleep, as may appear by that which is said before, 
* Pag. 61. & 62. Deuteron. 19  and by the text of holy scripture: In ore duorum vel trium testium stabit omne verbum. In the mouth of two or three witnesses every word shall stand. And touching his opinion, that we might well have spared the printing of the Censure of Paris, we need say no more but that such outfacing words do way little with the wise, who know, that where shame is not, the like words may be spoken of any truth in the world. And likewise know, that put case all the exceptions were true which are alleged against the Censure, yet the same Censure doth clear us of father Lister's imputation, and of enormous disobedience: because if it were either of these crimes, our deferring could not be but sin in the fact considered in itself, which the censure denieth, and that we had so wicked and devilish intention as to cut ourselves from holy church, or rebel against any lawful superior, in a deed lawful in itself, as the University defined our deferring to be, we think our adversaries will 
Math. 7. Rom. 14. jac. 4. D. Tho. 22. q. 60. art. 2. & 6. & q. 67. art. 1.  not say it, and we are sure they cannot say it without guilt of usurped judgement, and most grievous sin to their souls, and so leaving these matters, we will return and prove that the authority as it hath been practised, infringeth, or dispenseth with the law of nature.   

THe authority as M. Blackwell hath hitherto demeaned it, either dispenseth with the law of nature, or violateth the same, in that he, by virtue of the authority prohibited the accused to defend 
Clem. ca pastoralis de re iud. § caet●rum.  themselves. A right (if any other) taught by nature herself. And that he hath thus done, the proves be many, and undeniable. Father Lister accused us of a foul crime: the infamy was divulged in all parts of the Realm, and in many places beyond the seas: our company grew thereon to be shunned: our benefactors were put in fear that their souls would find smart in the next world, for harbouring of us in their houses: several means were practised, and attempts given to remove us, * and not to leave us where to hide our heads. * Father Garnet 
In his letter the tenth of November.  the superior of the jesuits affirmed that we ministered, and received sacraments in deadly sin, that we gave poison in lieu of medicine, that we were such, by the opinion of all the learned, as his brother Lister had censured us to be, that our criminous, sinful, irregular, and excommunicate state, was so plain and notorious, as none under sin could forward, or assist us in the exercise of our functions: Priests were dealt withal, and favours promised, so as they would affirm or report us guilty of the crimes objected. To make our oppressions great enough, a Roman resolution without name of the author was published against us by our Archpriest, and direction given by him, that none should absolve us in confession, before we would acknowledge and make satisfaction for the enormities wherewith we were charged. Likewise, to increase our burden, father jones gave forth, and our superior said the position was true, that whosoever maintained us not to be the abandoned creatures which father Lister judged us to be, incurred ipso facto for such their defending of us, the censures of holy church. What shall we say? Our Archpriest himself charged us with enormous disobedience & to live a graceless state: and in 
* In his letters of the 21. and 27. of February, and of the 14. of March 1600.  the letters wherein his Reverence thus censured us, (which were also made common over the Realm) he forbade us (being no otherwise condemned) under threat of suspending us presently from the use of our function either by word, or writing, to defend the disobedience imputed. Again, there was neither mean, nor measure observed, in multiplying of afflictions upon us: M. Blackwell in his decree of the 18. of October 1600. denounceth, and declareth us to have been truly disobedient to the Sea Apostolic, and rebellious against his office: and in the next paragraph of the same decree prohibiteth all of us in virtue of holy obedience, and under pain of suspension and interdict, and under loss of all our faculties ipso facto to be incurred, not any manner of way, by word or writing, directly, or indirectly, to presume to defend the disobedience whereof he immediately before condemned us. Was there ever greater injustice heard of upon earth? Can that ecclesiastical, secular, or profane judge be named, who before juridical condemnation forbade under like, or so grievous penalties, any offendor guilty of what crime soever to defend his reputation? Pope Clement the fift affirmeth, that focultas defensionis 
Clem. ca pastoralis de re iud.  quae à iure provenit naturali adimi non valet, liberty of defending ourself proceeding from the law of Nature cannot be forbidden. And what is more engraffed in nature, or a deeper instinct thereof, than not being convicted, nor condemned, to defend our good names?  
We do not deny that the deferring of our obedience to the Constitutive Letter and Archpriest, was notorious, we mean publicly known, but that this deferring and protracting of our subjection till the coming of his Holiness Breve, was either enormous disobedience, or any of the other crimes pretended, this we deny to be notorious, or to be true at all. That kind of defence which consisteth in denying the unlawfulness of a fact acknowledged to be done, cannot be taken away by the prerogative of the Prince, or by any law. Sum accusatus de homicidio, fateor, sed volo me defendere quia feci me defendendo, ista defensio tolli non potest: I am 
a In ca ex part 2 de offi. delegat. nu. 4.  saith Felinus accused of Homicide, I confess the fact, but I will defend that I did it in my own defence, or upon some other lawful cause, this defence cannot be impeached. The like hath 
b In ca dilecti de except. nu. 13.  Panormitan, 
c In repert. verb. defensio.  Benedictus Vadus, and others. And if this kind of defence, so intrinsical a right of nature and justice could be, or were once imbarred, alas, what oppressions would there presently appear in the world, what villainies swarm every where? For would not every charge, even against innocency itself be a condemnation, when the party charged, and not condemned by law, must not be permitted to speak in his own defence, nor in purgat on of the slander objected? Non sufficit quod factum sit notorium nisi etiam sint notoriae qualitates ipsius facti, scilicet quod nulla defensio, sive excusatio competat. The notoriousness of the fact is not sufficient, as 
d In sua prac. cano. li. 3. de modo procedendi in criminibus notorus conclu. 1.  Alfonsus Vilagut writeth, for the judge to proceed to the condemnation of any one, unless the qualities, and all the circumstances of the same fact be likewise so notoriously ill, as no defence, excuse, or tergiversation can be pretended to the contrary: which if it be so, how much more doth the same hold true, ere the judge or ecclesiastical superior can forbid the accused to defend their unguiltiness, especially before trial & juridical condemnation?  
The 
e Ca cum inter de except.  excommunicate, the 
f Panor. in ca Dilecti de except. nu. 13.  bandit, the 
g Ibidem.  hopeless and deepest sunk person in all wickedness, are allowed to speak in their own defence, yea, the Devil himself if he should contend with another in judgement, is not as 
h In ca Cum contingunt de foro compet. nu. 27. & in pract ca 3. nu. 2.  Panormitan and 
i Two. 3. de inquisitione § 5. nu. 6.  Durandus write, to be put from this rite, and due of justice. Again 
k In ca Dilecti ubi supra.  Panormitan affirmeth, & the like doth 
l In eodem ca nu. 6.  Felinus with all 
m Bartolus in l. cum mulier ff. solu. mat. Petr. de anchorano in reg. accessory. in verb. 70. quaero de reg. juris in 6. Baldus in ca 2. de rescript. in sine, & alij.  other of account; that a statute or decree which prohibiteth the accused to defend themselves, is of no validity: by reason it impugneth the very instinct of nature, and of that kind of intrinse call instinct of nature which most properly belongeth and proceedeth from reason. Alas 
n 1 Cor 4.  must now the ministers of Christ, and the dispensators of the mysteries of God, be inferior to the Bandit or outcast of the world, in so conscionable a duty? Must Priests being called the 
o Malach 2.  Angels of the Lord of hosts, the children 
p S. Ambr.  of S. Peter, and the vicar's of the Apostles, not receive that tribute of justice which cannot be denied to the Devil? Undoubtedly if this, being the practice of the authority and our case, be not to break the law of nature, or to dispense therein, our wits, judgement, and common reason are clean extinguished, and all the learned must needs go to school again; but to the third breach.   

AS the authority is practised, it either transgresseth the law of man and holy church, or else maketh our Archpriest a dispenser with himself in the same. And to begin our proves hereof with his transgressings of the Constitutive Letter. The said letter, only maketh him Archpriest over the secular priests, and giveth him no jurisdiction at all over the laity, especially to interdict them. Also the letter giveth him authority to restrain, & take away priests their faculties, but granteth him no jurisdiction to impose any ecclesiastical censure either suspension, interdict, or excommunication upon them. These things are all apparent in the letter, save that only about the censure of suspension, there may some vain cavil, but no substantial doubt be made, if places be conferred together, and no words overuiolently divorced from their fellows in the same clause. The words which can only make for show of authority to suspend are these, Si quis his in rebus 
In the constitutive letter pag. 2.  inobedientem se, aut inquietum, aut contumacem ostenderit, hunc, post debitum admonitionem ac reprehensiones fraterna charitate praemissas, liccat etiam paenis coercere ecclesiasticis: ablation nimirum facultum, vel suspensione, If any one in these matters, shall show himself disobedient, unquiet, or stubborn, it is lawful after due admonition and reprehensions, first used in brotherly charity, to correct this party by ecclesiastical penalties, viz. by ablation of faculties or suspending. Our Archpriest, and the maintainers of his claim of having authority to suspend us from the Altar, and other divine offices, do separate and abstract the word [Suspending] from the word [Faculties] and would have it to signify the general Censure of suspension, and not the penalty of suspending faculties only. To which we answer, that the said separation, and understanding of the word, cannot be true, because the Cardinal particularising the faculties he giveth to the Archpriest, maketh no mention of suspending from the Altar or other divine offices, but only rehearseth these two, facultatum restrictio, aut etiam revocatio, si id necessitas postulaverit, the restraining of faculties, or also the revoking of them if necessity shall require it. So that in the first place, the Cardinal declareth the faculties he giveth to the Archpriest for him to chastise us, if need be. And in the second he directeth him when, how, and upon what cause, he should use the said punishing faculties.  
And thus having showed the reason, and our own grounds, why we assure ourselves that our Archpriest hath not authority to suspend us from the Altar, or from any other divine office, save only from the using of our faculties, let us see the proofs by which he practiseth and justifieth the contrary.  
After that M. Blackwell had suspended and interdicted me and divers others, I addressed this Letter following unto him.   

SIr, M. jackson hath showed me the 
* By which he suspended & interdicted eight of the prisoners in Framingham and myself.  writing that Master N. delivered him from you. These are (as much as I may without prejudice to my appeal) to request you, first to give me to understand by what authority, you interdicted me, in respect that neither the letters patent, nor his Holiness Breve, nor any addition that I ever heard of, giveth you any show of the like jurisdiction. Secondly, if you have more authority than the Constitutive Letter, the Additions, Instructions, and the Breve import, yet to vouchsafe to let me know the ground & warrantise you proceed upon, in suspending and 
* Because as Navarre writeth li. 5. cons. de sent. exco cons. 65. nu. 5. that no one can be declared excommunicated, suspended, or interdicted without summons, and being heard before: and if without these he be declared, the declaration is none by the law itself.  declaring me to be interdicted without citing me before. Thirdly, that being the imposer of these heavy censures, you would not refuse to acquaint me by what law or right you can (having admitted my appeal) take this severe course, so infinitely both to my own hurt, and to the temporal, and spiritual damage of many others. Fourthly, to instruct me, by what rule of conscience you charge me with fraud, and so grievously punish me for the same, making it a cause of inflicting the censures, for that 
* M. Thrensham, master Cope, and M. Button, who sithence have renewed, and sent their several appeals to master Blackwell.  three names were put to the appeal, which the parties themselves, whose names they were, do now deny to have yielded their consents thereunto, wherein I am as free, be it true, or be it otherwise, from all fault, (the setting down of their names being no act of mine) as yourself, or any man in the world. You say, because I sent you the appeal, a weaker colour could not be set out: I expect a better reason, or else I must think the injury to be most great. That M. Trensham was put down in the appeal by the name of Potter, (this being the name whereby he was usually called both in Rome and Wisbich, and taken to be his right name) is so light an error, as amongst the wise, not worth the reckoning of. I desire to receive your answer and satisfaction to these, and in writing, as you delivered my rebukes. Or if you mean not to deal so charitably with me, I would by these advertise you, that there is small reason why I should make scruple to serve God in wont manner. Our Lord forgive you and father Garnet, if his advise be to these afflictions, as without his advise, one of the Instructions directeth you not to do any thing of weight: I leave, not mistrusting but when the extremities are truly known, a good part of Christendom will cry shame upon the injustice and measure. Tenth of March when I received yours 1600.  
Your Reverences john Colleton.  
M. Blackwell either disdaining, or not thinking it meet, notwithstanding the just petitions of my letter to return me answer, wrote a letter to M. jackson for him to show unto me, which was also divulged in the North, & God knoweth in what other parts of our realm, if not every where. In which letter after it had fancied his revenge to call me the son of belial, and to apply these places of scripture unto me, ab immundo quid mundabitur, & a mendace, quid verum dicetur? Et, 
Eccle. 34. & 14.  qui sibi nequam est, cui alij bonus erit? What shall be cleansed by the unclean, and what truth can be spoken by a liar? And he that is wicked unto himself, to whom will he be good? He goeth on, and useth these words, But my authority in interdicting is denied, when it is evident both 
His letter to M. jackson the 18 of March 1600.  by the letters of mine institution, and also by the Breve, that I may, inquietoes paenis coercere ecclesiasticis: and that I am appointed Archipresbyter Catholicorum Anglorum pro foelici gubernio & regimine, ac mutua dilectione catholicorum etc. The wayward man is to know that the Canonists agree herein, that, qui habet jurisdictionem in foro externo, potest infligere censuras: yea he may read that, Praelatus inferior Episcopo, potest facere statuta penalia contra subditos, statuendo paenam ad eius arbitrium. Zab. in Clem. Cupientes § quod si, de penis. Again, that Praelatus singularis habens jurisdictionem potest ponere interdictum etc. Zab. in Clem. ex frequentibus § quod etiam de sent. excom. Moreover, Praelati inferiores Episcopo possunt praescribere iura quasi Episcopalia in sibi subiectos etc. Zecch. de Repub. ecclesiast. de praelatis in genere ca 1. nu. 6. His books may teach him what I may do ex iure communi, if other sufficient warrant wanted. My ground I rest upon, in declaring him to be interdicted without Citation before, is to be found out of Silvester verb. Citatio nu. 5. Writ to him and to M. Clarke, I mind not, until I writ to punish them farther &c. Hitherto the words of M. Blackwell, and for more perspicuity we will accommodate, and distinguish our answer by parts, according to the parcels of his proofs and allegations.  
First where as his Reverence affirmeth that both by the letters of his institution and by the Breve he may correct the unquiet by ecclesiastical penalties: we grant it to be true. Nevertheless, if he will infer hereby (as he must, or else what he saith is to no purpose) that therefore he hath authority to suspend from the Altar and to interdict, we deny the consequence. And the words immediately following in the Cardinal's letter do utterly contradict any such illation, in that they limit and specify, what penalties these should be, namely, ablation facultatum vel suspensione, either by taking away of faculties, or by suspending the use of them, as it hath been proved before. Neither is there any one word of suspending from the Altar, or interdicting, either in the Constitutive Letter, or his Holiness Breve.  
Again, let the word [suspending] be extended, contrary to the tenor of the Cardinal's letter, and the circumstances of the place, to signify the ecclesiastical censure of suspending from the practice of all divine functions, as our Archpriest would enlarge it unto: yet nevertheless how can the censure of interdict (which he hath imposed upon certain of our company by name, aswell as the censure of suspension) be understood, to be contained under the limits of his authority, when neither the letters of his institution, nor his Holiness Breve do express, or imply in general or particular terms any such jurisdiction, as may be seen by every one who will but read the said letters and Breve? And here we can but note the indirect or deceitful dealing, which is offered in citing places so by halves, for proof of the things they would prove against us, as if they did not maim or divide the sentence, by leaving out words which immediately follow in the place, the very same authorities which they allege for proof of matters against us, would most disprove their own sayings. For example: After that our Archpriest had interdicted some nine of us by name, I wrote unto him the aforesaid letter, requesting his Reverence to advertise (if he would have us to obey him therein) by what authority he inflicted the like Censures upon us, because neither the Constitutive letter, nor the additions annexed thereunto, did give him any such kind of jurisdiction over us: who to prove that he had authority to interdict us, affirmeth that by the letters of his institution, and also by the Breve, he may inquietoes poenis coercere ecclesiasticis, correct the unquiet with ecclesiastical penalties, leaving forth the words which immediately followed, and which specified with what ecclesiastical penalties he should correct, ablation nimirum facultatum vel suspensione, namely, by taking away their faculties or suspending. Which words, and part of the sentence, if M. Blackwell had not left out, the very place he alleged for proof of his authority, did most clearly demonstrate and convince the contrary. Neither is this the first time, that such kind of foul play hath been offered us: for in the third of the twelve questions (which our Archpriest, or father Garnet in his name proposed unto us to be answered, in stead of granting the dispute we entreated, 
In sua eccle. rep. de statu iii. Cardinal. nu. 9  for ending of the controversy) the like prank is practised, the propounder alleging Zecchius to affirm that, against us for them, which if the whole sentence had been taken, & not cut off guilefully in the mids, it had made most strongly for us against them. Zecchius words are these, Cardinali creditur testanti sibi aliquid à Papa vivae vocis oraculo mandatum, ut quod restituat aliquem natalibus, si tamen de magno alicuius praeiudicio agatur, ei non creditur. A Cardinal is to be credited on his word, affirming that he received a Mandate from the Pope by word of mouth, namely, that he should make such an one a Gentleman, who was of base blood before: but if the matter whereof the Cardinal giveth testimony, concern greatly the prejudice of an other, then is his sole word of no sufficient power, to bind any to believe him. Now the proposer of the twelve questions (were he father Garnet, or M. Blackwell) assumed only one part of the sentence, as every one may see, where the difficulty lay not, and which made for them, and omitted the other part, that belonged to the state of the difference, and which made most strongly against them. But can these odd shifts and paring of sentences proclaim other than a bad cause, and lack of sincerity in the maintainers? No, no, the wise do note it.  
Secondly, whereas our Superior affirmeth in his letter, that he was appointed Archpriest of the English Catholics, for the happy rule and regiment and mutual love of Catholics &c. we pray him to show us when, and by whom he was appointed Archpriest of the lay Catholics. The Constitutive Letter maketh him Archpriest but only over all the secular English Priests residing in England or Scotland. And though his Holiness first Breve (for his second was not extant long after M. Blackwell wrote these) signified that the Cardinal had by his commandment for the happy rule and government, and mutual love, peace, and union, of the Catholics of the kingdoms of England and Scotland, and for conserving and augmenting ecclesiastical discipline, deputed M. Blackwell Archpriest by his Letters patents over the English Catholics: Yet no such thing appearing in the said Letters, M. Blackwell can no more rightfully style himself the Archpriest of English Catholics, (because per confirmationem Papae, nihil novi juris datur. No new 
Glos. in ca Quis nesciat. dist. 11. verb. Autoritate & Glos. in ca quia diuer sitatem de concess. Praebend. verb. forma communi.  right is given by the Pope's confirmation) than john Astile can write himself the Lieutenant of the Shire, because the Queen commanded the Lord Keeper to appoint him so, who nevertheless in the commission he sent him, made him but justice of peace. And whether john Astile be Lieutenant in this case or no, there is none of judgement, especially of knowledge in the laws, but will say he is not, because he is no more, nor can be taken for other, than the writ of Commission ordaineth him.  
Thirdly, to that M. Blackwell saith, that the wayward man is to know, that the Canonists agree that he which hath jurisdiction in the exterior court, can inflict censures: we answer, that it is true in any who hath jurisdiction in the exterior court by virtue of any ordinary office or delegatine, unless there be a form prescribed together with the grant of the delegatine authority, how he shall punish and proceed with the contumacious or delinquents. For if there be such a specification or limitation added to the authority, than that form is most strictly to be observed, and any thing done beyond it, is of no obligation: Vbi datur certa forma procedendi, processus corruit non sol●m 
Panorm. in ca Prudentiam de office deleg. nu. 5.  si aliquid attentatur directè contra formam, sed etiam citra vel praeter formam. Where there is a certain form given of proceeding, the process falleth, and is of no effect, not only if an attentative be made directly contrary to the form, but also if any thing be enterprised beside or out of the compass of the form; Again, Subdelegatus delegati 
Idem in Can. venerabili de off. deleg. nu. 1.  Papae si excesserit formam rescripti, processus est nullus. The Subdelegate of the Popes delegate, if he shall exceed the form of his commission, the thing that he doth therein, is of no force. And that M. Blackwell was the Cardinals Subdelegate, none can deny who shall read the Constitutive Letter.  
Now the ordinary authority that M. Blackwell hath, being the only authority of an Archpriest, which giveth him no jurisdiction at all in the exterior court, because as the Canonists yield the reason, the 
a joannes Andreas in ca 1 de Archip. nu. 3. Lancelottus in Insti. nu. Ca li. 1 tit. 14. Hostiensis in sumn●a, de offi. Archipraesb.. nu. 2.  Archpriest supplieth the stead of the Bishop in celebration of certain spiritual things, as the Archdeacon doth in matters belonging to jurisdiction: and therefore the Archpriest hath no power in the exterior court, as the authorities ensuing do prove. 
b Z●cchius de Eccl rep. ca 24. nu. 14.  Archipresbyter jurisdictionem habet voluntariam, non tamen contentiosam. An Archpresbyter hath a voluntary but no litigious jurisdiction, that is, 
c Schardius in suo Lexicon. verbo jurisdictio.  he can exercise no authority by compulsion, but only where the parties are willing. 
d joannes Andreas in ca ministrum de Archipraesb. nu. 3.  Archpraesbyter punire aliquem non potest authoritate sua, sed de praecepto sui Episcopi. An Archpriest cannot punish any body by his own authority, but upon commandment of his Bishop.  
Of the otherside, touching his delegatine authority, the particulars and the form thereof are set down, and therefore not to be extended to any thing that is beyond the limits of the said form: or if in case it be further extended, nevertheless the like extension is of no validity nor bindeth any to obey, as the first, third, fourth and fift Propositions 
Pag. 23. 24. & 25.  laid down in the second Reason do most evidently teach & convince. So that the uttermost of the authority concerning the inflicting of penalties upon the disobedient, being (as hath been before proved by the express words of the Constitutive Letter) only to abridge, suspend the use, or wholly deprive us of our faculties, and neither to suspend us from the Altar, interdict or excommunicate: it followeth directly that he can do none of these. Or if the words in the Constitutive Letter [vel suspensione, or suspending] must be taken for the general censure of suspending from what our Archpriest listeth, and not for suspending from the practice of our faculties only, as the circumstance of the place, but especially the Cardinals rehearsing of the faculties, which he granted to the Archpriest, doth most apparently gainsay, and utterly contradict any such ample signification of the word suspending: yet is it most certain that he can not interdict, for this authority is no where specified either in the Constitutive letter, additions, instructions, or his Holiness Breve. Again, it appeareth by an other reason, that notwithstanding the general signification which the word suspending may bear, yet for that the matter is penal which is imported, the said word ought to be taken in a strict sense, because as Silvester writeth 
e Verb. Excommunicatio 1. nu. 6.  Cum verba sint ambigua & generalia, & factum odiosum & alteri parti praeiudicatiwm, debet fieri interpretatio stricta. When the words are doubtful and general (as in our case) and the fact displeasant, and prejudicial to an other, there ought to be made a strict interpretation, and the words not to be trained to the largest sense.  
Fourthly, touching the authorities, his reverence citeth out of Zabarella and Zecchius, that an inferior Prelate to a Bishop, may ordain penal statutes against his subjects, and assign the penalties as he will himself: and that a single prelate having jurisdiction, may interdict: and that also lower prelate's then Bishops, may prescribe laws in a manner episcopal to their subjects. We answer. Let it be so, that a lower prelate than a Bishop can do these things, yet how doth it appear that himself is such a Prelate? I wis when this is proved, he being but an Archpriest, we shall see greater wonders, than ever any Canonist read or heard of. For if he can do these things by the authority and title of an Archpriest (as it is most sure by the places alleged before, and by the uniform consent of all writers that he can not:) then these and other like particulars, which his Reverence hath adventured upon, being more, and beyond the form of the Constitutive Letter; it followeth most certainly, both, that he could not do them, or if he should do them, yet that they are of no obligation. First that he could not do them, is very clear, because he could do no more in matters not belonging to the office of an Archpresbiter (which are all things requiring jurisdiction in the exterior court, as it hath been proved before) then was expressed in the commission or instrument of his authority: And secondly that if he should do them, they are of no obligation, is also clear, because whatsoever is done without authority 
f D. Tho. 1. 2. q. 96. ar. 4. c. & 2. 2. q. 60. ar. 2. & 6.  ne doth by law, nor can bind in conscience: and therefore I can but marvel what moved his judgement to write that my book may teach me what he may do ex lege communi by right of the general law, if other sufficient warrants wanted; when having but a delegatine authority in all matters appertaining to the exterior court, and this also in a set form prescribed unto him, (which he could not exceed without the usurping of authority, a 
g Idem, ibidem, & Navarre in man. ca 27. nu. 8.  mortal sin of his own nature) would notwithstanding claim, or seem to claim an increase of his punishing jurisdiction ex iure communi, from the general law, sith the ampleness thereof was particularised in the same Instrument, in which the office and prelature were granted unto him.  
Lastly concerning his ground in declaring me to be interdicted without citation before, I little doubt, but that under his leave, he is greatly mistaken in the matter. For Silvester in that place only saith: In facto notorio potest ferri sententia contra absentem non citatum, quando certum est absenti nullam competere desensionem. Sentence may be given in a notorious fact against a party absent, and not summoned, when it is certain that he can allege no pretence for justification or excuse of the fact. Our Archpriest in the letter or instrument, in which he suspended and interdicted me, and redoubled the taking away of all my faculties, layeth down three causes of such his process against me. First, for that I confessed to have given consent to the prefixing of the reasons set before the Appeal: whereby, the same being the breaking of his decrees, I incurred, as he saith, the censure of suspension, interdict, and the loss of all my faculties. Secondly, for that I wrote other Letters not unlike to those which the Appellants of Wisbich had addressed. Thirdly, for that I sent him the Appeal, wherein three of the Appellants, whose names were subscribed thereunto, had seriously or by other protested their unwittingnes to the said Letters prefixed before the Appeal. These were the causes, which our Archpriest yielded for inflicting the abovenamed censures and penalties upon me, as the words of the Instrument itself do show, which follow.  
Quoniam autem D. joannes Colletonus non solum ob priores illas literas 
21. Febr. 1601 stylo Romano.  praetensae Appellationi praefixas (quae verius titulum libelli famosi sustinerent) quibus ipse fatetur se consensisse: sed ob recentes etiam 29. januarij emissas, harum posteriorum Wisbicensium non dissimiles, in poenas easdem incidit: eum quoque declaramus similibus censuris ac poenis innodatum, sicuti per praesentes eum innodamus. Quod profectò vel eam solam ob causam facere necessariò deberemus, quod D. Doctori Georgius Trenshamus (quem illius libelli fabricatores Potterum nominant) jacobus Copus, Richardus Buttonus, partim sub proprio chirorapho ac juramento, partim (sicut audivimus) sub gravibus protestationib. negant se illis Literis consensisse. Cuius fraudis culpam, nos sanè nescimus in quem potius conijciamus, quam in D. Colletonum, à quo illae Literae ad nos transmissae sunt: that is, And because Master john Colleton not only for those former Letters prefixed before the pretended Appeal, (which may truer bear the title▪ of an infamous Libel) whereunto himself doth acknowledge to have given his consent: but also in respect of his Letters lately sent the 29. of january, not unlike to these later which came from Wisbich, hath fallen into the same penalties: him likewise we declare to have incurred the like censures and penalties, namely suspension, interdict, and the loss of all faculties, as we by these presents do impose upon him. Which truly we ought necessarily to have done, though it had been but for this only cause, that Master George Strensham (whom the framers of that Libel call by the name of Potter) james Cope, Richard Button, partly by their own hand-writing and oath, and partly (as we have heard) by serious protestations, do deny ever to have given their consent to those Letters. The blame of which fraud we truly know, not to whom we should rather impute it, then to M. Colleton, who sent us the Letters.  
Now, that neither of these three imputed offences were so notorious as our Archpriest by law or conscience could declare me to be suspended and interdicted, or could suspend, interdict, or reduplicate the taking away of my faculties without citation before, or hearing what I could say in the matter, I lay this ground: That a fact be so notorious as the ecclesiastical judge may declare the doer to have fallen into censures, or to impose censures upon him for the same without summons, it is not only of necessity (as it hath been above proved out of Alphonsus Vilagut, Panormitane, and Felinus) that the fact it self be notorious, but that also the nature and the circumstances of the said fact be likewise notorious, that is, so manifestly and palpably faulty, as no colour or tergiversation can be pretended. For then only (as the 
h 2. q. 1 Prohibentur part. 2. & sequenti. & ca Tua. de cohab. Cler. & ca Vestra eod. ti●.  Canons teach) may the judiciary order of citing be omitted, when the fact which is to be punished is apparent, known to many, and can neither be denied, nor justified by any shift or pretext soever. Qualities, which can not fall in, or sort with any of the foresaid three offences objected. And to show that they can no way agree with the imputed offence of subscribing my name to the Appeal, or with yielding my consent to the reasons prefixed before the same, we will first set down the two branches of the decree, for breaking of which, our 
* In his Letter to the Assistants of the 28. of novemb. 1600.  Archpriest affirmeth that we incurred the censures of suspension and interdict, and the loss of our faculties, and then after prove that our default therein was not so notorious, that he could without citation declare us to have incurred the said censures and penalties.  
Prohibemus in virtute sanctae obedientiae omnibus praesbyteris & sub 
Decretum 18. Octob. 1600.  poena suspensionis atque interdicti, addo etiam amissionis omnium facultatum ipso facto incurrendarum ne quisquam praeteritam inobedienttam quovis 
§ 4.  modo, verbo vel scripto, directè vel indirectè defendere praesumat.  
Prohibemus sub poena suspensionis à divinis & amissionis omnium facultatum 
§ ●.  ne quis sacerdos ullo modo suffragia vel scripto, vel verbo, danda ambiat, vel det ad quamcunque causam, quam antea nobiscum vel cum duobus Assistentibus nostris non constat fuisse communicatam: that is:  
We prohibit all Priests in virtue of holy obedience, and under pain of suspension and interdict, I add also of losing all their faculties, to be incurred in the fact itself, that none presume any manner of way, by word or writing, directly or indirectly, to defend the former disobedience.  
We prohibit under pain of suspension from divine offices and loss of all faculties, that no Priest in any sort, either by writing or word of mouth, seek or give voices in any cause soever, not known to have been communicated before to us, or to two of our Assistants.  
Now, though by the setting down of our reasons why we did appeal, and the giving of our names to the appeal, were a notorious or public fact, which had many witnesses and could not be denied: nevertheless the nature and qualities of the fact were not so certainly and openly known to be criminous or ill, as that no circumstances or causes might occur to make the same both lawful and commendable. To defend our good names, being priests, and too-too wrongfully assailed, and to seek redress by appellation to S. Peter's chair, of most unworthy oppressions heaped on us and the Catholic Laity, even to the scandal and injury of religion, are circumstances, and such approving qualities of our fact, as do make our breach of the decree not only no apparent offence, but most evidently free it from all blame, or rather highly commend it. And to the end that the unskilful in the Latin tongue may see how unjustly our Archpriest hath proceeded against us, as well in calling our reasons a 
o In his letter to Master Much the first of March 1600.  libeling, and 
* In his letter to M. jackson the 18. of March 1600.  seditious letter, as in suspending, interdicting and taking away our faculties for putting our names to the Appeal, we will here set down the whole Appeal itself in English truly translated, omitting the Latin, because that is already printed in our book to his Holiness.   

To the very Reverend, Master George Blackwell Archpriest of the Seminary Priests in England.  
VEry many, and most unworthy are those things, which for these two years last passed, we have endured at the hands of the fathers of the society of jesus, and of your Reverence, both approving and multiplying their injuries done against us.  
Among the reasons, why hitherto we have borne with silence so unjust burdens, our affiance was not the least, that the equity of our cause by little and little deeper seen into, some ease or toleration of our said burdens, would in short time grow unto us. But having now by more than long try all found, both ourselves to be deceived in our hopes, and also the weight of our afflictions so excessively increased by reason of such our qualitied patience; that not only we ourselves, but a great number of lay Catholics, most deservedly dear unto us, are thereby also marvelously oppressed, so that we are enforced by appealing to flee to the sea Apostolic in most humble manner for succour. The reasons of which Appeal, are these that ensue.  
First, for that your Reverence hath often approved the too great 
The first cause.  injuries and reproach, which the Fathers of the Society in word and deed, most wrongfully laid upon us: as namely when father Lister jesuite composed, and had set forth a treatise of Schism against us (who upon just causes, deferred for a while, to subject ourselves to your authority, till either by view of Apostolical letters, or other canonical proof, the same were showed to be instituted by his Holiness command, and enjoined unto us) in which beside other unseemly speeches, he hath these slanders in the fifth paragraph.  
These factious persons are stricken down with the dolour of their own ruin, in that they have resisted th●●opes decrees: they have lost their place among Priests: they are debarred the practice of their holy function: their judgement is to be contemned; and already they are condemned by the holy Apostolic Church.  
And in the conclusion or seventh paragraph, these.  
1 Ye are rebels.  
2 Ye are schismatics, and are fallen from the Church and spouse of Christ.  
3 Ye have trodden under foot the obedience you owe to the Pope.  
4 Ye have offended against all humane faith and authority, by rejecting a moral certainty, in a moral matter.  
5 Ye have run headlong into excommunication and irregularity.  
6 Ye have lost the faculties by which you should have gained souls to Christ.  
7 Ye have raised up so great scandal in the minds of all the godly, that as infamous persons, you are t●nesed in every man's mouth.  
8 Ye are no better than soothsayers and Idolaters, and in regard ye have not obeyed the Church, speaking unto you by the highest Bishop, you are as ethnics and publicans.  
When after the publishing of these detestable untruths, we made petition to your Reverence, to know whether you did approve these defamations against us, you answered under your own hand-writing as followeth,  
To Master I. C.  
26. of March 1599  
I allow of the said discourse and censure.  
George Blackwell Archpriest.  
Furthermore, when at an other time we made humble request to your Reverence, for the revoking of the said slanderous treatise: you wrote back this answer.  
To Master I. M. I. C. and A. H.  
April. 1599  
Your request is, that we should call in the treatise against your schism, and this is unreasonable, because the medicine ought not to be removed, before the sore be throughlie cured; if it grieve you, I am not grieved thereat.  
George Blackwell Archpriest.  
Also in your letters of the fourteenth of March, in the year following, we having then written again to your Reverence about the several infamies wherewith three of the Fathers of the Society had charged us, and specifying some of them in particular, you gave this answer.  
To Master I. C. Th. M. Ro. D. A. H.  
You note in these terms condemning untruths, not seeing how truly and justly your condemned deserts did draw such names upon you before your submission, and these names might have taught you, how each man's iniquity evermore hurteth himself, never profiteth.  
George Blackwell Archpriest, and Protonotary Apostolical.  
In brief, when father Henry Garnet provincial of the jesuits in England, writing to one of our ancient Priests, avowed among other indignities, this overbold assertion.  
To Master I. C. Ye have in the judgement of all learned, incurred the most shameful note of schism.  
And turning his speech to the Priest himself, thus.  
You have so entangled them whom you have brought to Christ, or whose pastor and father you have been, as if they shall receive Sacraments of you, if they shall induce you to say Màsse, or shall assist you in celebrating, they seem to partake with you in the crime of exercising your function unworthily, and in lieu of a medicine, carry away poison  
7. March. 1599  
And when the Priest to whom the foresaid Letters were written, had rejoined, complaining of the injury, your Reverence in behalf of father Garnet, thus by letter answered him again.  You ought for their writings and admonitions to have thanked them in most dutiful and humble manner. And after a few lines: I will defer to chasten you for a while, in hope of your recovery, and therefore this shall be to you, but as a messenger of punishment for your disobedience, and as an advertisement for you to view advisedly, how ignorance, error, pride, and obstinacy, have drawn you within the compass of schism. 

The second cause.  The second cause is, because notwithstanding we ever by word and writing, protested our ready obedience, to all and every commandment of his Holiness, and that neither Breve nor other binding testimony, should sooner at any time be showed unto us, but it should find us submissively obedient in whatsoever: neither was this more or otherwise, than what our deeds themselves made good. For as very many can witness, no moment passed between the showing of his Holiness Breve, and our acceptance or absolute submission to your authority: yea further, we were then also content merely for peace sake to remit all the reproach, infamy, calumniation, all and singular injuries that were most riotously spent, in the interim, aswell against ourselves, as our best friends: we say, that notwithstanding all this our pressed readiness and submission, your reverence divulged the resolution following; which too-too unlucky fact, was the total cause of these our new debates.  
We have received a resolution from our mother City, that the refusers of the appointed authority, were schismatics. And surely I would not give absolution to any that should make n● conscience thereof. And a few words between. And therefore my direction is, that they make account thereof, and do make satisfaction before they receive the benefit of Absolution.  
And according to the purport of this dispersed resolution (which albeit by your own affirmance, you received it either from father Warford, or father Tichburne, two English jesuits resident at Rome: yet your reverence did so propose and grace the same, as many than did, and as yet some do believe, that the said resolution came as a definitive sentence, from the see Apostolic) yourself would not restore M. Benson to the use of his faculties, neither upon his own humble suit, nor mediation of his fellow prisoners, who also had, and then did, suffer very hard imprisonment with great constancy, unless he would first agnize and testify under his hand, that he was grieved for his adherence to the schismatical conventicle, your reverence being pleased, to dub our company with so hateful a name.  
Also in your Letters to an other Priest, bearing date the 22. of February 1600. thus you writ.  
To Master I. M. I determined that hereafter, whosoever had faculties of me, he should first be content to recall his peevish opinion (terming the opinion peevish, that doth not hold us for schismatics.)  
Furthermore your reverence affirmed (which shook and galled the new peace not a little) that assertion of father jones, a Priest of the 
To Master I. C.  Society, to be true, avowing all those to incur presently, the censures of holy Church, who should stiffly defend, that we were no 
To Master R. D. Tho M. A H. etc.  schismatics: which position you again ratified in your Letters given the 14. of March 1600.  
The third cause. The third cause is, because that after the contentions thus revived by your reverence and the Fathers of the Society, we, who evermore most desired peace, did never but find you partial on our adversaries side, and towards us and the cause in controversy, a hard superior, and so exceeding prone to have us generally condemned, that you spared not to forbid us to defend our own good names, under threat of grievous punishment, as is manifest by your Letters of the 12. and 17. of February, and the 14. of March, where these words are read.  
If ever I can find hereafter, that either by word or writing you justify your enormous disobedience (viz. in delaying to yield yourselves absolutely to our authority, before the coming of his Holiness Breve) as void of sin, this being a sign of want of grace, and the maintenance of sin, which is a high pride: I will suspend you from your function, as unworthy to exercise the same.  
Likewise when we, to take away the scandal, which by reason of this our imputative schism, was rife every where, and to make peace again in our Church now a long while most miserably rend through this mutual discord, besought most earnestly your Reverence, and the Fathers of the Society, that it would either please you to leave off to renew the calumny of schism against us, or afford your assistance and furtherance, that the question might quietly be conferred of or disputed, by some of either side, before three or four of the senior Assistants, and one ancient Priest of our part, as umpieres and determiners of the whole controversy: your 
To Master I. C. F. C. I. M. etc.  Reverence utterly rejected the petition: in what sort, the words of your own letters do best testify, 14. and 16. of March.  
Your petition is a tumultuous complaint.  
Your prescriptions (so terming our supplication) are as empty of due consideration, as they be blown out with the spirit of a tumultuous presumption.  
Your supplication cavilleth against my proceed, and the speeches of my best friends. I shall much muse, if ye shall not be abashed of this your attempt.  
Moreover, when several detractive letters written by Father 
As that to Master A. G. the 13. of july 1598. and to his friend the 20. of Febr. 1599 and to M. Bish. the 9 of Octob. 1599 and others.  Parsons and others, and made common in our country, did daily more and more wound in credit both ourselves and our dearest friends: and when for this cause our ghostly children (who together with us, were both reputed and shunned by you, as schismatics, or at the least as very grievous sinners, and for none other fault, save only for that they took our part, and relieved our miseries) very instantly dealt with us, that now without any further delay, we would address ourselves, to free both their and our own innocency from the crimes and calumniations imputed: Wherefore as men thereunto obliged in conscience, we determined as well for the removing of infamy from our priesthood, as to bring quietness of conscience to such as are under our charge, to divulge a temperate apology: which intention and design of ours being understood, your Reverence anon prohibited under heavy censure and forfeit of faculties, the divulging of such a defence, & to this purpose used a smooth pretence of godliness & peace, viz. lest the lawful state might be troubled, or any man's good name receive blemish, as is apparent by the specialties that follow.  
I George Blackwell Archpriest in England, in virtue of holy obedience, and under pain of suspension from your office, and loss of all faculties in the deed itself to be incurred, do prohibit all Priests, to divulge any book set out within these two years, or hereafter to be set out, by which the lawful state may be disturbed, or the fame of any clergy Catholic person, of our English nation may be hurt by name: and the same commandment is given to the laity under pain of being interdicted,  
17. january 1599 George Blackwell Archpriest.  
The severity of which edict appeareth so much the greater, in that your Reverence afterward declared, that you took the word [book] in the signification which it carrieth in Bulla coenae domini, where heretical books are forbidden, so as now we fall into the abovementioned penalties, if we but divulge the least writing or defence, whereby any english catholic Clergyman (such as all our hard friends be) shall or may receive blot or hurt in his good name; neither skilleth it whether justly, or unjustly, upon desert or without, the edict containing no such limitation or proviso at all. And being after this manner suspended and deprived of faculties, we are therewith bereft of all the means, of getting sustenance, harbour, or other temporal succour, these every way depending on the practice of our priestly function and use of faculties.  
Finally, seeing that there was neither mean nor measure kept in opprobrious speeches against us, nor that we might any way obtain a friendly discussing and ending of the matter between ourselves, no, nor as much as to be licensed to defend our cause or good name, either by word or writing: we especially for the greater safety of our conscience, held it our bounden duty to propose the whole difficulty and state of the controversy, to the Divines of the University of Paris, to the end, that they taking pity of the calamity of our Church, and the sooner, through the mediation of our humble suit, would vouchsafe to deliver their censure & opinion, in the difference. Which good and charitable office, they no sooner performed, but your reverence enacted a decree, that no one upon pain of heaviest forfeitures, should any way maintain the censures of so great and famous Clarks. The state of the question, the resolution of the University, and the edict of your reverence, follow word by word.  
In the year of our Lord 1600. upon the third day of May etc. as it is verbatim set down in the page 146.  

The fourth cause.  The fourth cause is, because your Reverence doth very earnestly defend whatsoever the fathers of the Society either speak or do against us, in so much that when we refused to obey them in that counterfeit imputation of schism, and required a retractation of that foresaid infamous Libel, your Reverence stood so mightily against us, that for this cause the 17. of October 1600. it pleased you to revoke and wholly to take away all faculties from two of our most ancient and reverend Priests. By which fact, very many of good place and account, were touched with so great grief, scandal, and offence, that every where they bewailed and complained of this calamity, and so much the more, for that these were the special men, that had longest and best deserved of our Church, and being greatly loved of Cardinal Allen of pious memory, were by him honoured with special and extraordinary faculties above the rest.  
Furthermore, although your Reverence could not but see, that all these perturbations of peace and concord which are now in our Church, took their beginning at first, and continued afterwards upon no other cause or motive, but the defence of father Garnet and father Lister's paradox of the imaginative schism, and the patronage of that more improbable assertion of father jones abovesaid; and albeit likewise, that your Reverence very well knows, that all these mischiefs or home-dissentions might at the beginning, and may yet without any difficulty, be quenched by the retractation of these opinions: yet for all this, your reverence had rather that all places should be disquieted with the trouble of these variances, and that masters and servants, parents and children, husbands and wives, pastors and sheep, Priests and lay people, should grow to a hurly burly and mutual contention, yea and that Priests themselves should fall at jars by means of this controversy, then that those three fathers of the Society should revoke their errors, or by acknowledging their temerity, make satisfaction to those whom they had offended by such, and so great an injury.  

The fifth cause.  The fift cause is, that seeing the holy Canons do ordain, and the laws of nature itself and of all Nations do require, that no man being accused, aught to be condemned of the crime, or endamaged in his goods or fame, or suffer any punishment in his person, till he be first in some sort cited, and permitted to answer unto the crimes objected: yet your Reverence doth testify by your own writing, that you in no sort are bound to any of all these rules, either in judging or punishing, and this also, by the will of his Holiness himself. By which new kind of judgement and authority never heard of since the world begun, your Reverence hath lately taken away all the faculties from 
From Master I. M. and I. C.  our two Priests as is said before, and there is none of us, but may justly fear, lest that ours likewise be taken from us, how much soever this course of proceeding seem to violate the express tenor of the Letters patents of the most illustrious Cardinal Caietane, Protector of good memory, by the which, your authority was delegated unto you, as doth manifestly appear to him that reads the same, your R. own writing we will here set down word for word.  
§ It is not his Holiness intention, nor never was, that in exercising of my authority for correction of manners, and conserving of our ecclesiastical discipline and peace in this time and in these difficulties, that we should be bound in any wise to the form of contentious or Court trials, especially in the revocation of faculties, the grant whereof, as also the continuance is to be deemed merely voluntary, whereas delegated faculties do cease, without any crime committed, at the only pleasure of the granter, or of one that hath authority from him.  
june 17. 1600. G. B. Archpriest of the Cath. of England.  
To Master R. Ch.  
The last cause is, for that your Reverence hath by ordaining 
The sixth cause.  decreed (we will use your own very words) and promulgated a degree, wherein you have pronounced and declared all us, who before the coming of the Apostolic Breve, made stay of submitting ourselves, for many causes, unto your authority, to be in very deed disobedient to the See Apostolic, and rebellious to your office instituted by the same See; and have moreover, under pain of suspension, interdiction, and loss of all faculties to be incurred ipso facto, prohibited us, that by no means we should presume either by word or writing, directly, or indirectly, to defend that our delay; wherein your Reverence and the Provincial father of the Society of jesus, with others your complices, do affirm and boldly maintain the nature of deadly sin, and very schism itself to be included: and many more through your authority and persuasion, have commonly holden us, and do still repute us as men guilty of the said enormities. Whereupon we cannot but wonderfully admire the too too great severity of this decree, both depriving us of the reputation of our good names, and bringing burden intolerable for many respects upon us. For seeing we are commanded, both by God's law and man's, yea by the very instinct of nature itself, and lastly by the reason of our office, to defend our fame, and so near as we can to preserve it from touch or blemish; your Reverence hath expressly forbidden us this duty, under most grievous ecclesiastical penalties and censures. And whereas beside, we took our orders of Priesthood (by which institution of life we fell into the heavy displeasure of our Prince, and are made incapable of all temporal commodities, and are every minute in continual danger to lose our lives) only for the recovery of souls, and for propagating the Catholic faith: your Reverence hath bereaved us of that special thing, which before others, was most necessary to the attaining of the same, viz. the use of our faculties, for this only cause, that we laboured to free our good names from infaming calumniations, as we are bound to do. Whereof it must needs follow, that we shall in short space be brought to unseemly beggary and want of all necessaries, and soon after, to most certain destruction of life. We purposely omit here to make any mention of that prohibition of yours, to wit, that no man go about to seek or give any voices, or make any meetings or assemblies. Which restraint is thought to be ordained by your Reverence to this end, that all courses may be debarred us by these means, both of repelling unjust oppressions by mutual connexion of voices and wills, and likewise of appealing to Peter's Chair.  
With the like severity, your Reverence in the same decree, doth also thunder the penalty of interdiction to be incurred ipso facto, against all the laity that submit not themselves to your sentence or judgement in this controversy. The sharpness of which hard dealing, may justly seem to them for this cause the more violent, in respect that the penalties which they are charged by the laws of our country, become so much the heavier and more burdensome unto them. For those that are of ability, pay twenty pound a month to the Queen's Exchequer, and those that pay not the former sum, forfeit all their goods, and two third parts of their lands: and if it can be proved that they have heard Mass, they pay one hundred marks. Likewise if they receive any priest into their house, or otherwise relieve his wants, they lose all their goods, lands, and life. Which being so, they think your Reverence dealeth too severely and unjustly with them, by inflicting this censure of Interdict, whereby they neither can receive Sacraments, nor be present at divine Service, nor yet be buried after christian manner, if either they defend the sentence of the most famous University of Paris (as appeareth by the Decree of your Reverence before alleged) or take upon them in any sort to defend the good names of their ghostly fathers, or any way clear those from the imputation of schism, by whose good means they were either first brought to the obedience of the See Apostolic, or continued in the same, and do well know by their long conversing with them, the sincere integrity of their lives. The Decree is, as followeth.  
We by our authority received from his Holiness, do pronounce and declare, that those first letters of our Institution, did truly bind all the Catholics in England, and that those who have any ways wittingly impugned our authority, were truly disobedient to the See Apostolic, and rebellious against our office instituted by the same See. And a little after.  
We forbidden all Priests in virtue of holy obedience, and under pain of suspension and interdict (the absolution whereof we reserve to ourselves) I add also, the loss of all their faculties to be incurred ipso facto: the laity likewise, under pain of interdict to be incurred ipso facto, that none of them presume in any wise by word or writing, directly or indirectly, to def●nd that former disobedience, the cause of so great perturbation of peace amongst us.  
Instructed by long experience, what great inconveniences have grown to the upholding of discord by those privy meetings, which in former years we have prohibited, so far as they have been the nourishments of schisms: do therefore once again strictly forbid all such assemblies, commanding all our assistants, and other reverend Priests, that they advertise us of all such meetings and assemblies, which tend not to the furtherance of piety and hospitality, or of civility and peace. And we prohibit under pain of suspension from divine functions, and loss of all faculties, that no Priest, in any wise by word or writing, go about either to seek or give any voices for what cause soever, before the same be known to be communicated with us, or with two of our assistants.  
These things are in the aforesaid Decree.  
For which intolerable wrongs and oppressions, and many other indignities which we have endured these two years space and more, and for that likewise we do not know, whether your Reverence hath any authority at all to make Decrees, seeing no such faculty appeareth in the Constitutive Letter.  
In the name of God Amen. In the year of our Lord 1600. 13. Indiction, the 17. day of the month of November, and in the 9 year of the Papacy of our most holy Father Clement by the providence of God the eight of that name. We English Priests, whose names are underwritten, finding ourselves aggrieved in the premises, and fearing more grievous oppressions in time to come, do make our appeal and provocation to the Sea Apostolic, and ask of you Master George Blackwell, the first, second, and third time, instantly, more instantly, and most instantly our Apostles or dimissory letters, submitting ourselves, and all we have, persons, faculties, goods, and rights, to the tuition, protection, and defence of our most holy Father Clement the eight, and to the See Apostolic. And we make this our appeal in our own names, and in the names both of the Clergy and laity, of which later, there are many hundreds, whose names for just causes are concealed, that adhere unto us by means of the controversy of schism, or in any of the aforesaid matters, or dependence, or prosecution thereof, or after any other sort: desiring, if there be any thing to be added, taken away or changed for the more validity of these presents, that the same may be added, taken away, or changed, as the form of law shall require.  
Given at Wisbich, the year and day of the month, Indiction, and the year of the Papacy, as above. 

Thomas Blewet.  
Christopher Bagshaw.  
Christopher Thules.  
james Tailor.  
john Thules.  
Edmund Caluerley.  
William Cox.  
james Cope.  
john Colleton.  
George Potter.  
john Much.  
William Watson.  
William Clarke.  
john Clinsh.  
Oswell Needem.  
Roger Strickland.  
Robert Drury.  
Francis Momford.  
Anthony Hebbourne.  
Anthony Champney.  
john Bingley.  
john Boswell.  
Robert Thules.  
Cuthbert Troolop.  
Robert Benson.  
Richard Button.  
Francis Foster.  
Edward Bennet.  
john Bennet.  
William Much.    
Since the making of this Appeal, there are others who have subscribed thereunto, and given their names, as Master Doctor Norris, Master Roger Cadwallader, and Master jasper Lobery, beside some other, who for fear of the extremity used against the Appellants, durst not (their friends being few, and their state mean) manifest themselves to our Archpriest, but sent their Appeals by our brethren that are gone to Rome. The Letter following was sent, together with the Appeal.   

VEry Reverend Sir, we send you our Appeal herein enclosed, and have prefixed the reasons: to the end, yourself denying to mitigate the rigour on foot against us, our country may see, till further satisfaction come forth, whereupon the discreet may suspend their condemnation of us. Another cause that alike moveth us thereunto, was, the affiance we hold, that your Reverence understanding our grounds in this full manner, would neither reject the appeal, nor blame us for the making, and less punish us for a necessity so many ways behoovable. Again, our poverty, want of means, skill, and friends, to prosecute the matter, did not a little persuade the particularizing of some of our pressures; in regard the persons, whose helps we are to solicit in the managing of the business, may the more willingly, viewing the measure of our oppressions, yield us their most furtherance. How long, and with what discontentment of my fellows, I have prolonged the sending of the appeal, in hope of a more quiet issue in the difference; none almost that are of our side but can witness. And now being brought in despair of expecting any such good end, by the tenor of your yesterdays Letter, I can but grieve, and commend the success to God. Concerning that part of your last Edict, which forbiddeth under heaviest penalties, either to give, or collect suffrages upon any cause soever, before the same be communicated to yourself, or to two of your reverend assistants, how hard soever the Injunction appeareth, yet for obedience, we acquaint you by these, with our determination of procuring other our brethren to subscribe to the appeal; and as their names shall come to our hands, so to send them unto your Reverence. Thus beseeching the goodness of almighty God, ever to guide you, to the doing of his holy will, I take my leave. November. 25. 1600.  
Dutifully yours, I. Colleton.   

Now our precedent appeal being à gravamine from aggrevances, we were consequently bound to 
a Pan. in ca ut debitus de apple. nu. 38. & in Clement ca appellanti d● apple. nu. 1. Decius in ca ut debitus de apple. ●u 83. & alij.  express particularly the causes of our appellation, 
b Clement. ca appellanti de apple.  nor could we by law allege any other causes though never so notorious in the prosecution of the appeal, than such only as we had before set down in the same. Which plainly showeth the necessity we had to particulate and prefix them in the manner we did. And to the end they might appear not to be feigned, we quoted the letters, annexed the date, and cited the words which deliver the aggrevances. Again, it seemeth most strange how this orderly course (the Canons 
c Ca super ●o secundo de apple.  licensing every one to appeal upon reasonable cause, & none of the causes rehearsed, carrying with them but sufficient matter of appellation) can be called either a seditious pamphlet, or a libeling letter (as our Archpriest useth them both) when the substance of all that we averred was wholly taken out either of his own letters, or out of their writings 
* In his letter to M. Much the 21. of Febr. 1600. Math. 26.  whose counsel (by his 
In his letter to Master T. B. and in his letter to M. Much the 1. of March 1600.  own affirmance) is the stay, and their friendship the continuance of our whole catholic state, and whom to follow is his comfort, except we must be entreated as our Saviour was by the high Priest, who for repeating the high Priests words, was said to blaspheme; And so we alleging what our Archpriest and some of the Fathers wrote and maintained against us, the allegations must be termed libeling and seditious, whereas we rehearsed but their own words, and such as themselves divulged, justified, and seemed to take pleasure in. Yea further, our repeating of their words, and this also by way of appeal to his Holiness, must be so notorious and heinous a crime in us, that for the same we must be even after appellation suspended, interdicted, bereaved of our faculties, and publicly declared without citation before to be such, and the subscribing likewise to the foresaid repetition defined a breach of wholesome decrees. Undoubtedly, if this manner of proceeding be not to infringe or dispense in the laws of holy Church, or not rather to turn upside down the hierarchy of all ecclesiastical discipline, there was never hitherto disorder in the christian world. 
d 11. q. 3. nemo. 2.  Nemo Episcoporum quemlibet sine certa & manifesta peccata causa communione privet ecclesiastica: Let no Bishop saith the Cannon, deprive any other from ecclesiastical communion, without certain and manifest cause of sin. And which cause also by the 
c 1. q. 6. ca Nono.  constitution of Pope Nicholas, aught to be proved before the censure be inflicted: or else the Prelate so undiscreetly offending is to be punished with the same penalty, and to make 
f Ca sacro. de sent. exc●. & ca Cum medicinalis cod. tit. lib. 6.  satisfaction for the damages sustained.  
The second cause that our Archpriest allegeth for suspending, interdicting, and reduplicating the taking away of my faculties, is for writing a letter the 29. of january, which as he saith, is like to those which the Appellants of Wisbich addressed unto him. And what those were I know not: but the letter for which he punisheth me in so rigorous sort, is the letter that followeth, and which I wrote to a lay Gentleman, taxing me of several faults, and in reply to one of his, as the tenor showeth.  
Sir, I wrote to know whether you spoke the words, not whether you spoke them lately, or long since; neither did I aver more than that only the notice of the speeches was given me the night before the date of my letter.  
You say, you know not wherein you have charged me with ambition, spite, and revenge. Sir, read but over my letter again, and consider of the words you are said to have reported of me, and you may easily see wherein, and how, you charge me with the said enormities, for reckoning me (as you do) the chief of those whom you call contentious, what followeth more directly (if I be chief of the said company, and that also the total cause of the stirs, another affirmance of yours, is or was no other, but because myself was not appointed Archpriest) then that I am through this my continual maintenance of the controversy upon the foresaid wicked ground, both ambitious, spiteful, and even great with revenge, yea and envy too.  
You also affirm, that you took a great dislike at the last time you talked with me, by reason of certain words I then used of spite and revenge against a religious person, that beholding as in a glass such imperfections in a man of my sort, it hath made you ever since the more heedful to shun the fault. Sir, I am glad that my frailties are steps to your uprising in virtue. But touching the truth of your affirmations, what might the words be that I then used, and which so mightily disliked you? I remember that when you extolled father Parsons, avowing him to have procured, & done more good to our country, than any other that lived these many years: I answered, that I could so little be of that opinion, as I verily thought him of meaner deserts in that point, than any other that was a Catholic & loved his countrymen. And thus much I hope I shall be able to make good by evidence of more particulars, than yourself or any other shall be able to disprove. Further I recall, that when you would free father Parsons from writing any untruths, I replied and said, I could reprove his pen of many, which now again I should have no scruple to double speak it, might not the same minister an occasion of a new dislike unto you; yea and to all too that he hath showed in some number of his actions as little sincerity, as truth in his writings. No doubt you will here cry fie on passion. But patiented yourself, and think if I be put to prove it, I may perchance show it to be rather the issue of true charity, then of choler or passion. For father Parsons being but one, and one who already in many places carrieth but a hard report; and those of whom he taketh his pleasure being many, and such as every where most men speak well of, and the matters wherein they are accused by him very foul: reason and conscience tell, if proofs were alike of both sides (as I take them to be much unlike) yet that it were a point of greater charity rather to think that father Parsons strained a point in the accusations, then to condemn so many as stand accused, and of like offences.  
Moreover where you say I exacted an oath of you for concealing my speeches, I verily think you are mistaken. My reason is, because I do not remember that for these many years space, I ever exacted an oath of any in what secrecy soever, but only contented myself with an assured promise. Or be it as you say, I do now free you of the bond, and give you most frank leave to divulge it to whom, and how many, you please.  
You notify in your Letter, that you never regarded to put yourself in my company since you heard me speak such uncharitable words (as you term them) against a religious person. Well, I hope as good men as yourself will make no conscience to be in my company.  
But why I pray you do you specify thus much of your disposition unto me, the knowledge thereof no more availing? Is it for that myself and the world should see how exactly you obey the commandment of holy scripture, Cum detractoribus non commiscearis, Company not with detractors? I do not believe it, because I can not believe that you are alike ignorant, as to take that to be detraction which is spoken in refutation of defaming untruths, in defence of innocency, and in preserving the odour of our good names, as also in discharging the bond that God nature; & the duties of our function lay upon us, being Priests as well as father Parsons, and having the particular charge of more souls than (I think) he hath, and abiding within the reach of our countrie-perils, from which he long since forsaking our camp, hath rescued himself. Or if you be so ignorant, that you know not to put difference between chalk and cheese, yet why are you more nice to come into my company, than you are to converse (and most affectionately) with others, who by tongue and pen, in secret and in public, and with discovery of infinite more passion, have at once ransacked the good name and estimation of many Priests, whereof some also (how vile a wretch soever myself am) are imputed no whit their inferiors, either for virtue, judgement, experience, sufferance, or learning, except in the glory of a religious name, or title of authority. I say ransacked their good names and estimation, by denouncing them to be schismatics, to be fallen from God's Church, to be excommunicate, irregular, without faculties, to minister Sacraments unworthily, to continue in a damnable state, to bring mortal sin upon those that partake with us in Sacraments, or serve us at Mass, and delivering the precious body of our Saviour to our penitents, to deliver poison. But I will leave you to your partial scruples, and stir this puddle no further, nor ask you more questions, but descend to another point.  
Whether the Letter you wrote right before the coming over of his Holiness Breve, were fullest of most unseeming and bad terms, let the bywords and assertions following taken out of the said Letter, and by you imputed unto me, bear witness for me: namely, disobedient, factious, directly against the authority of his Holiness, as all but wilful blind men may easily discern: obstinate, resisting lawful authority: wilfulness, obstinacy, disobedient disposition: my credit to be in the wain: my present state is adjudged schism; and my persisting therein feared a revolt. Now Sir be judge yourself, whether these terms (and yet these were not all that your Letter contained) be not in number sufficient, and of that quality, as may well verify that your Letter was fullest of unseeming and bad terms? Certes whatsoever you think, myself made always conscience to show your Letter to any Lay person, nor did the party either read the same, or heard it read to my knowledge, what intelligence soever was advertised of her speeches thereupon unto you. And for Priests, I never showed it to any, who did not condemn it for a most bold and uncomely kind of writing, that I say no worse.  
You advertise, that one who endured the authority as impatiently as myself, is become an Apostata, and that other of our company live si scandalously, as good men think them nighest to ruin. Sir, if by the Apostata you mean M. Butler (as I think you can mean none other) then must I say you do us injury, for Master Butler never took part with us, for aught that ever I knew or heard, but was always of out Archpriest his side, and now since his fall, hath not letted to insult and prefer his case before ours, in respect his faculties were never taken from him, as Master Mushes and mine were, and still are. And by whom you mean the other part of your speeches, I neither know nor can conjecture. But if you understand them by any of those that subscribed to the Appeal, or that refused to give their names to the cunning drift of olim dicebamur, I am the more sorry, but shall not believe you, till I see it true in the effect.  
Moreover you avouch, that those men which now are most obstinate to obey, laboured all they could at Rome to make me and other their friends Archbishops and Bishops. Surely, hardness of belief in the reports that make against us, is not your fault, God grant your facility or rashness therein be no greater. What were their name's Sir, that so mightily laboured our promotion at Rome? Myself knoweth none that were there to labour it, save only Doctor Bishop, and Master Charnock, and the one of them living out of the Realm, is no way subject to Master Blackwels authority, and therefore neither most obstinate, nor obstinate at all to obey as you affirm. But did these two or either of them labour to make me, or any others within our Realm, I say not Archbishops, for that is too fabulous, but Bishops? Let the records of their examination be reveiwed, and it will evidently appear that neither of them ever named other for Bishops, but only Doctor Elie, and Doctor Barret. And how did they also labour this preferment? You say, that they laboured it all they could. And what possibly could that all be, when they were committed close prisoners, and apart, ere they had entered into any course of dealing, or throughlie mentioned their intentions, and so continued in that kind of endurance, till father Parsons had made all sure by getting forth a Breve for confirmation of his plotted authority. Me thinks you should do well, for so much as you writ, that some are most obstinate to obey, to particularise their names, and let us and others know them. But I dare say, you can not name the Priest in our company, who hath refused to obey Master Blackwell since the confirmation of his authority, in any point, or jot soever, that our reason, reading, and the counsel of the learned, hath thought us bound unto▪ or not clearly resolved the contrary.  
You say, you will prove where one at least of my friends said, that for certain I should be a Bishop. Sir, I could wish I did know whether the intelligencer did here my friend to appoint the time, when, or within which, I should be made a Bishop; for if he did, and the time be past, he, or you, or both, may boldly tell my friend (unless difference in your states do make it ill nurture) that his certainty did greatly deceive him. But let this be as it may be, yet what worthy exception can the report bring against me, unless I had all the tongues of my friends tied in a string, as they can not speak aught belonging unto me, but by my assent or prompting? Can you, or your intelligencer, or any other prove, or will say, that I soothed my friend in the speech, or that I heard it, and did not reprehend him, or her, whatsoever the speaker was, for the same? If you can prove thus much, you say somewhat, otherwise proving what you can, you say nothing that is material against me in this point.  
Finally, to that you say, that if at the first the authority had been cast upon me, as it was upon Master Blackwell, I would upon such good grounds as he did, have accepted and exercised the same, with out testimony of a Breve to confirm it; I thus answer in few words: I confess I knew not of certainty what I should have done if the accident had so fallen out; but if you will have my conjecture, and what my thoughts now give me, I do verily persuade myself, that if I had made, and set down in writing the like reasons in the disallowance & reproof of the other kind of government before intended, as Master Blackwell did, and so greatly to his own liking, I should not doubtless so at the first and with like applause, have admired and congratulated the authority. For what one reason did his Reverence allege in mislike of the government he impugned and went against, which did not conclude as much and as directly against this subordination, which, his complying with the jesuits, and actioning for them, (as beside other 
To the Cardinal Protector.  testimony, his letter of the first of january beareth witness) have solicited and procured to himself? The chief reason he used, and which carried most weight was, that we Seminary priests having lived now in England▪ more than twenty years in great peace, and with like fruit of our labours, without any superiority constituted among us, it could not be thought either wisdom, or policy, or other then extreme folly, if after so long experience of a happy state, we should go about to ordain a subordination; and therefore he for his part did condemn, and would ever be against any such innovation, during the present suit and afflictions of our Country. Again, when Master Blackwell reasoned with me in this matter, among other exceptions, he insisted most in this, that the kind of government purposed was very defective, prejudicial, and faulty, in that it did assign but one only Superior over all the Priests throughout the whole Realm; adding, that if he should live to the conversion of our country, he would for so much as should lie in him, solicit that the Bishoprics might be divided into more Sees: for that as he then affirmed, the Diocese were greater, and the under-pastors more in number then the travels of one man could well govern: And therefore admit (quoth he) that we should have a Superior appointed, yet it were most unmeet, that there should be but one made in the whole Realm.  
By that which is said I would say, that how desirous soever you or others think me of authority (a fault of which mine own conscience doth not much reprehend me, and I thank my Lord jesus for the grace) I should not, having before used the like reasons, and speeches, have accepted of the authority in the manner that Master Blackwell did, or if so I had with most joy accepted thereof, yet without all peradventure I should not before the receipt of a Breve or other Apostolical instrument, alike violently have enforced the submission of my brethren thereunto, with like speed, with like constraint, with like condemnation, and wrack of their good names, and trouble of no fewer (as I think) then of a thousand souls.  
To make an end, I let pass unanswered the exception you amplify against me, for writing, that you were in times past beholding unto me, and that you spared not to interpret the words in the sense that was furthest from my meaning, and thereupon also to infer, that most pleased yourself. For my leave-taking I pray you if you writ again (which I do not desire) that you would write more to the purpose, and with fewer fails, or not to mislike if I omit to answer you. Far you well, january 29. 1600.  
Yours in charity I. Colleton.   

I Hope the truth of the contents, but especially the nature of the occasions which enforced me to write, being the defence of my unguiltiness, do sufficiently of themselves without other justification, clear me from blame, or undoubtedly from that manifest kind of blame, as might justly, or colourably induce our Archpriest to lay so heavy censures upon me, without so much as citing me before, or examining the particulars and such proofs as I could make of that I had written. This I trust is so evident to common sense, and palpable to the dullest understanding, that it were waste labour to dilate thereof, and greater idleness to stand to confirm it by authorities. For against whom should the imputative offence be committed? Not against the lay Gentleman to whom I wrote, for I did but answer to what he objected, and (if I may be my own judge) in no degree of like quickness, as his accusations, or truer, his egging slanders did pattern unto me: not against father Parsons, unless the man must be alike privileged, that what soever he say, or do, and how usurpingly soever he shall prosecute and enlarge the same, all notwithstanding must be bound, under the present clapping on of Censures, not to touch, no not in a private letter, his least imperfections, albeit they smart never so deeply through his intemperate humour: not against father Lyster, and his soothers, because I repeated but their own words, and such as themselves divulged both here, and in other places beyond the seas, with great applause of their ignorant favourites. And if against Master Blackwell (as I do not see how it can be so taken, because in one point I wrote no more than his Reverence affirmed unto me: and in the other, I said only what myself should not have done, as my thoughts then gave me, if so I had been in his place) yet the injury I did him, being properly against himself, he could not by the 
a 4. q. 4. Ca 1. & 23. q. inter quaerelas.  Cannons of holy Church be judge in his own cause, and inflict the punishment. A transgression whereof Saint Gregory reprehended the Bishop januarius with no less words then these: Nihil te ostendas de caelestibus cogitare, sed terrenam te conversationem 
Epist. 34.  habere significas, dum pro vindict a propriae iniuriae (quod sacris regulis prohibetur) maledictionem anathematis invexisti. Si tale aliquid denuo feceris, in te scias postea vindicandum. You show that you have no thought of heavenly things, but signifies an earthly conversation, whilst for revengement of your own peculiar injury (which holy rules forbidden) you impose the curse of excommunication. If you shall do the like again, know that punishment must be done upon you. And thus having briefly showed that my letter could not be justly a cause of the censures and penalties inflicted, for that it neither wrought, nor inferred a correspondent injury to any person therein specified; I will descend to the other cause which as yet remaineth unexamined.  
The third and last cause which our Archpriest allegeth for suspending, interdicting, and redoubling the revocation of my faculties, is: for that there were three names subscribed to the Appeal, and the Priests whose names they were, denied to have consented to the letter, or causes prefixed before the Appeal. The blame of which fraud, his Reverence knew not (as he writeth) to whom sooner to impute it, then to me the sender of the Appeal unto him. When the will is vehemently bend unto a thing, she occupieth oftsoone the understanding in devising reasons to make it lawful, wherein often she showeth herself so powreable, that enchanting the understanding, she maketh it to receive in gross error, in stead of truth. What could be written with less reason, or more contrary to the ordinances of the Catholic Church, then for our Archpriest to declare by a public instrument, addressed to the whole Clergy, and Catholic laity, that I had fallen into the Censures of suspension, and interdict, and incurred the loss of all my faculties, having taken them from me almost half a year before, and at that present to impose a new the taking away of them again for a fault (to use his own words) which indeed he knew not, on whom rather to lay it, then on me? Yea and to add, that he ought of necessity so to do, having neither cited me before, nor any way heard or demanded, what I could say to the contrary. God, who is the viewer of all secrets, and to whose eyes (as the Apostle 
Hebr. 4.  writeth) all things are naked and open, would not condemn our Protoparents Adam, and Eve, notwithstanding his divine Majesty most thoroughly knew, they had transgressed his commandment, 
Genesis 3.  before he had both summoned Adam to appear, and heard his and eves defence in the matter. And if almighty God knowing not only what we can say, but what we will say in defence, would for example to man, specially to superiors, vouchsafe notwithstanding to cite and hear the offendor before he proceeded to condemnation, and the inflicting of punishment: how much more meet, and necessary is it, that inferior judges, who know nothing but by receipt of their eye, and ear, should not without summons and examination before, punish or condemn any, but where the fault and circumstances are most certain, alike apparent, and altogether incapable of any defence or tergiversation? Of which kind we are very sure that none of our actions were, which our Archpriest hath hitherto censured, and sore punished in us without citation, without trial, without any legal process or inquiry, what we could say for ourselves: and this only, upon pretence that our offences be notorious, or manifest, and therefore no need of citation or trial. A threadbare shift, and which cannot cover the injustice, because that may only be called 
b Gloss. in 1. q. 2. Ca manifesta. Anto. Fran. in ca item cum quis de restit. spol. sub nu. 1. Innocent. in ca tua nos de cohabit. cler. Pa●or. in ca cum o●im de senten. & re iud. nu. 20. Navarre consil. lib. 5. de paenit. & remis. consil. 15 nu. 7. & a 〈…〉  notorious or manifest in this matter, as all the Canonists teach, which is by the nature and evidence of the fact so apparent, as it can neither probably, or without blushing be denied, nor any defence, or tergiversation pretended, 
c Panor. in ca bonae memoriae de elect. nu. 5.  ubi factum est adeo notorium, quod nulla defensio potest parti absenti competere, tunc non requiritur citatio: sed ubi factum non est ita notorium, tunc requiritur citatio, alias sententia sive processus factus est nullus, where the fact is so notorious that no defence can appear to be made by the party absent, than citation is not required: but where the fact is not in such sort notorious, than summons must be made, otherwise the sentence or process is of no validity. Now that the fraud which our Archpriest imputeth unto me, is not so notorious or manifest; his own words in the same place do apparently declare, in that his Reverence saith, that he knew not on whom rather to lay the same fault then on me. Which words cannot but imply an uncertainty, and consequently not possible that the fact could be notorious in relation to M. Blackwell, to whom it ought of necessity to have been notorious, if so his Reverence, in the sentence & declaration which he made of me without citing, would not have broken the 
d 2. q. 1. Deus onmipotens.  law of God, 
e In Clem. pastoralis de re iud.  Nature, and 
f Bartola. in L. filius familias ff. de do●.  all Nations.  
Touching the suspicion conceived, I am as clear of the fraud his Reverence objecteth, as any man in the world, for I was neither the setter down of any of the three names, nor the motioner, as M. Clarke, M. Much, & M. Hebborne, with some other can witness. And to infer as M. Blackwel doth, that I was guilty of the fraud, because I sent him the Appeal, is so weak a proof, as there needeth no disproof. But what might this notable fraud be, which at least in the punishment is so exaggerated? forsooth 3. of the apelants who have since renewed their appeal, denied to have given their consent to those letters, which indeed are the causes which were prefixed before the Appeal. A capital offence, Priests giving their assent & voices to the making of an appeal, for relieving such & such oppressions, & leaving the form & causes thereof to be drawn by others, they after protested, that they were not consenting to the said causes which were yielded in particular for proof of the agreevamces.   

A Second principal point wherein our Archpriest seemeth to transgress his Commission, is, if not in making Decrees, yet undoubtedly in annexing such censures and penalties as he doth unto his Decrees. It hath been showed before, that in all probability our 
Pag. 182. ex sequ.  Archpriest hath no authority to suspend from the Altar; and for most certain, he hath no authority to interdict Priests or any Catholic: therefore these Censures annexed to his Decrees, neither is nor can be less than an unlawful excess of the authority granted. But let us suppose that the word [suspending] in the Constitutive Letter, giveth authority to the Archpriest to suspend from the Altar, and ministration of all Sacraments: and let us also suppose that the words [ecclesiastical penalties] do give him authority to interdict, whereof there is no colour at all, as we have proved before: 
Pag. 185.  yet because the Cardinal's letter so construed, doth not give our Archpriest authority to use these censures how and when he listeth, but only that he may inflict these censures, if we after due admonitions and 
The words of the Constitutive letter pag. 2.  reprehensions first used in brotherly charity, shall show ourselves disobedient, unquiet, or contumacious in the things he commandeth to be observed. So likewise the authority of restraining, or revoking faculties, is not granted him absolutely to exercise at his pleasure (as he seemeth to pretend in his Letter to Master Charnock) but only when need shall require the one, or necessity constrain the other: that is, as the Cardinal himself explaineth the particulars, when we after the foresaid admonitions and reprehensions shall demain ourselves disobediently, unquietly, or contumaciously against his commandments.  
From these premises we infer, that albeit our Archpriest hath authority to make Decrees, which we neither deny nor affirm, though we rather think he can not, unless he first summon us, and propose (as the Constitutive letter directeth) the things he intendeth 
Pag. 6. § 3.  to decree: yet we assuredly believe that his Reverence hath no authority nor jurisdiction at all, to annex the censures of suspension, or interdict, or the penalty of losing our faculties to be incurred ipso facto, if we disobey and break his Decrees. And the reasons why we be thus persuaded, are, first because this were presently, before any fact done by us, to pass and impose the said censures, and ecclesiastical 
Vgolinus ta. 1. ca 9 § 6 nu. 3.  penalty, and to lay them in the Decree, for it, to execute them, without any his further concurrence, when the offence is committed. But our Archpriest hath no authority to pass and inflict a Censure, or to restrain and revoke faculties (as appeareth by the tenor of the Cardinal's letter) save only after the committing of an offence, and after charitable admonitions and reprehensions for the same: and therefore till the offence be committed, and the reprehensions first used, he can not pass and impose any censure or penalty. And although the publishing of a Decree be a sufficient admonition, yet the publishing thereof doth not nor can not supply (as we think) the reprehensions, which by the prescript form of the Constitutive Letter is to be used before the inflicting of the said penalties.  
Again, the edition of a Decree is 
g Panor. in caaeum à consu●tudinis de cod. tit. nu. 6.  a thing of greater authority, and distinguished from the exercise of bare jurisdiction, because one may appeal from the sentence or judgement of his superior, but not from 
h Panorm. in ca ex li●eris de constit. nu. 9 & Silu. verb Appell. nu 6.  the penalty or mulct of a statute: and also because Decrees be certain and perpetual, but the exercise of jurisdiction variable, according to the conditions of persons. Wherefore it seemeth that he, who hath but only authority to impose Censures, or other ecclesiastical penalties, as time, place, the condition of the offender, and the nature of his offence shall require, as the Cardinal's letter giveth our Archpriest no more, can not by virtue of the same authority make Decrees, and adjoin those penalties unto them, which he may impose upon the offender after the offence committed: because as Panormitane writeth: 
i In ca cum consuetudinis cod. tit. nu 6.  potestas habens arbitrium imponendi paenam, non potest à principio per sua statuta declarare paenas. He that hath authority to inflict punishment according as he shall think good, can not by his statutes before the trespass be committed, declare the penalties he intendeth to impose. Briefly the Archpriests authority in the exterior court being wholly delegantine, and in a set form, and no part thereof containing like jurisdiction as to make Decrees, and annex such penalties, the fift Proposition in the second Reason 
Pag. 25.  teacheth, that what he doth therein, is of no obligation, because 
k Pano●m. in ca quae in de co. stit n. 1.  statutum excedens fines potestatis statuendum est ipso iure nullum, the Decree that exceedeth the decreers authority, is absolutely none at all.   

A Third principal thing wherein our Archpriest seemeth to transgress the laws of holy Church, is, that the sacred Canons 
l Ca super co 2. de apple.  giving all men leave to appeal 
m Ca de apple. ●od tit.  even for the smallest injustice, and commanding the Superior 
n Ibid. & ca ut debitus cod. tit.  to admit every such Appeal, his Reverence notwithstanding imbarreth us to appeal by collection of names, unless we have first his licence thereunto. Again, thirty of us having joined in one Appeal, and some more since, all alleging the same causes, and proving them to be most weighty and true, nevertheless his Reverence refused to admit the Appeal, save only for one of the whole number. Courses which most directly cross both the rules of law and conscience. And to prove the particulars.  
First, that his Reverence hath in the foresaid manner debarred us to appeal, and that he hath also (which is much more) punished us for appealing, it is clear by the testimony of his own Decrees, and other writings. Prohibemus autem sub paena etc. We prohibit (saith our Archpriest in his Decree of the 18. of November 1600.) under pain of suspension from divine offices, & losing all faculties, that no Priest after any manner either by writing or word of mouth, do seek or give voices in any cause soever, which is not certainly known to have been communicated before to us, or to two of our Assistants. Secondly, when signification was given to our Archpriest (which was performed in the letter that accompanied the Appeal, and is set down before) that 
Pag. 1003.  we intended to move some more of our brethren to give their names to the Appeal, he presently wrote a letter with this addressed, dated the 28. of November 1600. To the Reverend and dearly beloved in Christ my Assistants and felow-priests, in which the words following are inserted: Quoniam sunt quidam qui in eo cavillati sunt, quod collectionem suffragiorum ad notitiam aut meam aut Assistentium deferri mandaverim; cognoscite in hoc hunc f●isse meum sensum, quem sic declaro, ut communicationem facerent collectionis suff●agiorum cum Superiore, cuius consensus exquirendus & habendus est. Atque illud praecipuè intendimus: quod Decretum antecedentibus temporibus confi●matum fiat authoritate Ill ●● (bonae memoriae) Cardinalis Caictani. that is. Because there are certain that have cavilled, for that I commanded the collection of suffrages to be imparted to me, or the Assistants, know ye in this thing, this to be my meaning, which thus I declare, that they should communicate the gathering of voices with the Superior, whose consent is to be asked and obtained. And this was that which we chiefly intended: which Decree in former times was confirmed by the authority of the most Illustrious (of good memory) Cardinal Caietane.  
By which passage, and that which was rehearsed out of the Decree, together with the cause, for which his Reverence made this explication, it very plainly appeareth, that he forbiddeth us either to appeal, or at least to give, or ask names for making of an Appeal without his consent. And that this is no more nor otherwise, than our Archpriest himself acknowledgeth, his words ensuing in the same letter do testify: Quod enim in suis literis p●sucrunt d●●r●ta qu●d●m nostra 18. Octobris edita, plane constat eos non ignorasse d●o i●a potissinum, quae in ipsorum literis Cotinentur, quibus s●b gra●●bus p●●n● praeteritae inobedientiae de fensionem & collectionem collatteném●e siffragior●m express prohibuimu●. Quae tamen ills omnes (si omnes quod non credimus vere subscripserunt) manifiste transgressi sunt. Quare ●os sane non vid●mus, qua ratione ab illis poenis liber● esse possint, qu●tquot hu●● friuol● appellationi vel subscripserunt vel consenserunt. That is. For that they have put down in their letter certain Decrees of mine, set forth the 18. of October, it is very evident, that they were not ignorant especially of these two things contained in their letters, by which we expressly forbidden under grievous penalties, the defence of their former disobedience, and the collection or joining of voices. Which things they all (if all, which we do not believe, have indeed subscribed) have manifestly transgressed. Wherefore we surely do not see by what means they may be freed (that is, of suspension from divine offices, and of losing all faculties) how many soever have either subscribed or consented to this frivolous appeal.  
What more evident, the premises put together, then that our Archpriest, styling his prohibitions by the name of Decrees, and prohibiting us under pain of suspension, and loss of faculties, to collect names for making an appeal, and after censuring us to have incurred the said penalties for collecting and joining names to and in one appeal, doth plainly forbid us either to appeal, or at leastwise as we have said, to seek or give names for appealing together without his obtained consent. And if either, as there can be no evasion in the latter, then considering his Reverence did make this prohibition by the name of a Decree, it seemeth infallibly to follow, the same Decree being a violation, restriction, or abridging of Ecclesiastical liberty, that he by making and publishing the same, incurred the 15. excommunication in Bulla 
o Per Clement. 8. anno 1598.  Caenae domini, and those that 
p Gloss in ca noverit de sent. e●com. verb. s●riptores.  wrote▪ the same Constitution, or counseled or aided him in the making or publishing thereof, or have presumed to judge according to the contents, seem also to have incurred the excommunication of Pope Honorius the third, registered in the 
q Ca noucrit de sent. excom.  Decretals.  
That the above mentioned Decree of our Archpriest is against the honour of ecclesiastical liberty, it appeareth by several heads. First, for that by the name of ecclesiastical liberty, that liberty 
r Innocentiu● & Panor. in ca noverit n. 2. de sent. excom. S. Anto. 3. par. tit. 25. ca 17. Angel. verb. excommunicatio 7. casu 12. nu. 1. Silvester verb. excom. 9 n. 31. Tabiena verb. excom. 5. casu 20. § 5. Caiet. verb. excom. ca 31. vers. quinto nota. Navarre in man. cap. 27. n. 119. vers. 5. & Bart. in authen. cassa. l. de sacrosanct. eccles.  (as all writers affirm) is understood, which the whole universal Church enjoyeth, and the faculty of appealing without the Superiors leave, is a privilege, or rather a due right granted to the universal Church, not only by the law 
s Valent. to. 3. disp. 5. q. 13. punct. 3.  of nature, or 
t Act. 15.  example of S. Paul, who appealed to Cesar, but also by sundry Papal constitutions, as of Pope 
v Epist. 1. 2. q. 6. ●. Omnis oppressus.  Anacletus: Omnis oppressus libere sacerdotum (si volverit) appellet judicium, & a nullo prohibeatur. Let every one that is oppressed freely appeal (if he please) to the judgement of 
x Gloss. ibidem.  Bishops, and be hindered by none. Also of 
y Ibid. c. ad Roman. 2.  Pope Zepherinus: Ad Romanam ecclesiam ab omnibus maxime tamen ab oppressis appellandum est, & concurrendum quasi ad matrem ut eius uberibus nutriantur, authoritate defendantur, & a suis oppressionibus releventur: All persons especially the oppressed, may appeal to the Roman Church, and have recourse to her, as to their mother, that they may be nourished with her paps, defended by her authority, and relieved of their oppressions. According to which sayings, and many 
z 2. q. 6. per totum.  more like in the Canons, Pope 
a Ca super eo 2. de apple.  Alexander the third writeth: Sacri Canones singulis faciunt facultatem appellandi: That the sacred Canons do give every one leave to appeal. Therefore the Superiors leave is not necessary, as Master Blackwell in his decree exacteth, and consequently thereby abridging the rights of ecclesiastical liberty, incurreth as we have said the censure of excommunication in Bulla coenae domini.  
Secondly, the foresaid Decree of our Archpriest impeacheth the right of ecclesiastical liberty, because illud statutum dicitur contra libertatem ecclesiasticam per quod prohibetur personis ecclesiasticis illud quod neque iure divino, neque humano prohibitum est. That constitution is against ecclesiastical liberty (as writeth 
b In ca noverit. de sent. excom●. 4.  Felinus) by which ecclesiastical persons are forbid that, which neither by divine or humane law is prohibited. And it can not be showed out of either law, that Priests be debarred either to seek or give voices for joining in one appeal, without consent and leave of the Superior. We will here omit for brevity sake what 
c In summa verb. excom. ca 31. vers. quinta nota.  Caietaine 
d In margarita sua super decret. verb. ecclesia.  Baldus, and 
e Verb. immunitas 2. n. 2.  Silvester write in the explication of the word [ecclesiastical liberty] and set down the excommunication itself, which peradventure best declareth, what is signified by ecclesiastical liberty. 
f In Bulla coenae dom. Clemen. papae 8. anno 1598.  Necnon qui statuta, ordinationes, constitutiones pragmaticas, seu quaevis alia Decreta in genere, vel in specie, ex quavis causa, & quovis quaesito colore, ac etiam praetextu cum suis consuetudinis, aut privilegij, vel alias quomodolibet fecerint, ordinaverint, & publicaverint, vel factis, & ordinatis usi fuerint, unde libertas ecclesiastica tollitur, seu in aliquo laeditur, vel deprimitur, aut alias quovismodo restringitur, seu nostris & dictae sedis, ac quarumcunque ecclesiarum viribus quomodolibet directè, vel indirectè, tacitè, vel expressè praeiudicatur. The english. We excommunicate and anathematize all & singular persons, who shall make, ordain, and publish statutes, ordinances, constitutions pragmatical, or any other Decrees in general or special, upon any cause or devised colour, and under pretence of any custom or privilege, or in what other sort soever, or being made or ordained, shall use them, whereby ecclesiastical liberty is taken away, or any way diminished or depressed, or after any sort restrained, or prejudice inferred by any manner of way, directly or indirectly, covertly or expressly, against our rights, or of the See Apostolic, or against the rights of what other Churches soever.  
Now whether the state of ecclesiastical liberty, by the foresaid Decree of our Archpriest, especially expounded as himself enlarged it, and is before set down, be either disannulled, impeached, diminished, or any way directly or indirectly, implicitively or expressly streited, we leave to others to judge, when as the same Decree forbade us under threat of suspension from divine offices, and forfeit of all our faculties, either to seek or give voices in any cause soever, without his consent and leave, and that we should not collect and join voices in making an Appeal to his Holiness, unless we have his assent thereunto, and hath sithence punished our attempt therein, both by declaring that we incurred the foresaid censure and penalties in breaking his Decree, by subscribing our names to the Appeal, and by suspending and taking away our faculties for the same cause, as the foregoing do most manifestly convince, and hundreds beside can witness?  
Tenants oppressed by their temporal Lord, may without his licence by all laws confer and combine themselves in one complaint, for reformation of their injuries: likewise subjects receiving wrong through the ignorance or corruption of any under officer, or vicegerent, may unite themselves, give, and gather names for manifesting their pressures by way of Supplication to their Prince and Sovereign, without the party's consent or privity, who unjustly afflicteth them: yea the contrary in either example or infinite more that might be alleged to the same purpose, were plain tyranny in the secular state. And if in the civil regiment these things be alike lawful, and sometime necessary, can they be unlawful, or may they possibly be prohibited in ecclesiastical government, and the rights of ecclesiastical liberty not infringed? No, no, the matter is plainer than it can be doubted of. And if so, then did our Archpriest (as we fear) and some other cooperators who are comprehended under the Canon of 
Vbi supra.  Honorius, incur excommunication in the nature of the fact: and because the said decree, is not yet canceled, nor revoked, but rather still extended against us, we think further that his Reverence after absolution falleth again so often into that censure, as he maketh use of the decree against us, which hath been not seldom. And it is strange, that the nature of the decree considered (which can by no shift of wit be truly salved from being against the rights of ecclesiastical liberty) our Archpriest was not afraid to let pass in a common letter under his hand & 
28. of November 1600.  seal, that the above mentioned part of the decree containing such odd stuff, was confirmed by Cardinal Caietane in his life time. A report, which for the distain it bringeth to the dead, we should not believe. Or if it be true, yet we hope, it was but a sly finesse of father Parsons, winning the Cardinal to confirm what his grace looked not into; for that no Cardinal whosoever, hath authority to decree any such extremity. But howsoever the same was, it can not but witness a very severe course intended, when such a decree importing (if we mistake not the case) sacrilegious injustice, was beforehand devised & ratified.   

A Fourth chief particular, wherein our Archpriest seemeth to have transgressed the laws of holy Church, is, in that many of us joining in one appeal, and alleging the same causes, his Reverence admitted the Appeal for one, & rejected it in the behalf of all the rest. For either the said Appeal was just or unjust, in respect of us all, or none, in that we were all united in the action, & yielded the same reasons. And if unjust, then did our Archpriest violate the sacred canons in approving it towards one, because they prescribe, that when the appeal is unjust, the Superior should not defer thereunto. 
g Ca cum appellationibus eod. tit. lib. 6. & idem habetur cap. cum speciali. § porro.  Appellationibus frivolis nec justitia defert, nec est à judice deferendum. Neither doth justice allow frivolous appeals, nor ought the judge to admit them. And the Gloss 
h Ibidem.  goeth further, judex à quo, non debet deferre appellationi frivolae, quae interponitur sine causa, vel causa est irrationabilis, aut est fals●, imo si deferat, peccat mortaliter: The judge from whom Appellation is made, ought not to admit a frivolous Appeal, which is interposed without a cause, or upon an insufficient or false cause: nay rather if he defer thereunto, he committeth mortal sin. The like hath 
i In ca de priore de apple. nu. 2.  Panormitane, though not in so plain terms; and Silvester 
k Verb. appellatio, nu. 13  calleth the deferring to an unjust appeal, malice and imprudency. And the reason why it is sin, is plain, because in receiving an unjust appeal, the course of justice is broken, and iniquity patronised.  
Of the contrary side if the appeal were just, then did his Reverence more grievously offend in not admitting the same. 
l 2 q. 6. decr●to. Note the punishment and censures of not admitting a just appeal.  Si à quoquam secus praesumptum fuerit ab officio cleri submotus, authoritatis Apostolicae reus ab omnibus iudicetur: ne Lupi, qui sub specie ovium subintraverunt, bestiali saevitia quosque audeant lacerare: He that shall presume (saith Pope Gregory the fourth) to reject a lawful and just appeal, aught to be put from his office, and of all men to be judged guilty of contempt against authority Apostolical, least Wolves that privily entered in sheeps clothing, should not fear to vex and torment others with beastly cruelty. Which unjustice of not deferring to a just appeal 
m Ca de prior● de appell.  Pope Alexander the third termeth a grievous excess, and prescribeth, that he who should presume to commit the offence is (if the appeal were made to the Sea Apostolic) to be sent to the court of Rome, there to satisfy and be punished for the transgression.  
Or if finally, the appeal were neither apparently just, nor unjust, but doubtful (as how it could so appear we do not see, because the causes alleged therein, were most weighty, demonstrative, and proved by several testimonies out of Master Blackwels own letters and other his writings) yet do the 
n Ca Cum speciali de appell. § porro.  Canons in this case appoint the judge to receive the appeal, as both the 
o Glossa in ca Sacro de sent. excom. verb. ●●bitari. Durandus de appell. § 9 nu. 5. Panormita. in ca ut debitus de appell. nu. 30. & Wamesius ●od. tit. in ca de priore nu. 7.  expositors of the law and 
p Silvester verb. appell. nu. 13.  Summists testify: Si judex de legitimatione appellationis dubitat 
q Vbi supra.  debet & 
r Vbi supra.  tenetur differre. If the judge doubt of the lawfulness of the appeal, he ought and is bound to defer thereunto. And the reason is, because appellation doth always imply an unjustice received, or intended: and in things doubtful, the 
s Salo● de justitia q. 63. art. 4. contr. 2. concl. 2. & regula 11. de reg. iur. lib. 6.  divine law, natural and human, declareth, that the case of the aggrieved or sufferer is to be preferred.   

A Fift essential point wherein our Archpriest seemeth likewise to transgress the laws of holy Church, is, that his Reverence having admitted my appeal à gravaminibus futuris, from future aggrievances, & delivered me my apostles or dimissory letters, would 
* From the 20. of December to the 21. of February following.  some few weeks after, notwithstanding this his formal allowance of the Appeal, suspend, interdict, and redouble the taking away of my faculties, and this upon no new offence which was notorious, but 
See these things set down in his own letter pag. 190.  even for consenting to the prefixing of the causes before the appeal, which himself admitted, and for making answer to a lay Gentleman his letter, the copy whereof is set down before, and lastly, for that three of the appellants did deny the giving of their assents to the said causes which were prefixed.  
All 
a Ca super de apple. Ca Romana. & ca sià judice de apple. lib. 6. Panormitan in ca ad reprimendam de off. iudi. ordi. nu. 9 Silu. verb. appellatio nu. 1.  laws and writers do assign these two effects to every appeal admitted, viz. the suspending of the superiors jurisdiction in the cause, from whom, and in which, the appellation was made, and the revolving of the said cause to the trial of the higher judge, to whom the appellation was made. Hence it appeareth plain that Master Blackwel admitting my appeal, and after proceeding against me, in the very same kind of aggrievances for which I appealed: and this his proceeding against me chiefly for annexing the causes of the Appeal he allowed, without any new and notorious offence committed by me, as the foregoing do manifestly convince: hence I say it most evidently appeareth, that his Reverence therein broke the laws of holy Church, unless his authority be a transcendent above all the written rules either of law or conscience.  
A sixth particular wherein our Archpriest exceedeth the limits of his authority as we verily believe, is, his opinion and practice touching the revocation of faculties. What opinion his Reverence holdeth herein, his letters to Master Charnock of the 17. of june 1600. 
This letter is set down pag. 199.  do manifestly show, wherein amongst other things he writeth thus, Facultatum concessio ut etiam duratio merè voluntaria censenda est, cum facultates delegatae sine ullo prorsus crimine, solo nutu concedentis, vel ab co potestatem habentis expirent: As the grant of faculties, so the continuation of them is to be counted mere voluntary, sith delegatine faculties expire without any fault, upon the sole will of the granter, or of the party that hath authority from him. A strange position, and which cannot but prognosticate somewhat. 
See Panormitan. in ca in singulis de stat. mona. nu. 7.   
Cardinal Caietaine appointed Master Blackwell Archpriest, and gave him Delegatine authority, as is plain by his grace's words, cui vices nostras pro tempore delegemus, to whom for the time we delegate our stead: and yet 
* § 6. vers. 10. Note a contradiction between the two opinions.  father Lyster in his treatise against us affirmeth, that the Pope cannot depose him without a crime committed: neither is the authority or office wherewith Master Blackwell is invested, a like mean of his maintenance, as the having of faculties is to Priests that live in our country, which putteth a material difference between the cases, and inferreth, that if Master Blackwell may not, but upon a crime be removed by the Pope, much less may faculties be taken away from Priests in England without any crime foregoing.  
The donation of faculties to Priests in their mission, seemeth not so to depend on the mere pleasure of the superior, as our Archpriest would pretend, but rather to be an implicitive covenant, and the performance thereof due unto them by justice, unless their own misdemeanour bereave them of the interest. For can their admittance into any of the Colleges; the addicting of themselves to the study of Divinity; the taking of an oath to be made Priests, and go into England when the Superior shall appoint, promise less than a covenant on the Superiors side, to furnish them with faculties at the time of their going, unless (as is said) their own deserts shall make them unworthy? sith the having of faculties is the chiefest mean of enabling them to do good in our country, the end why they became Priests, and resigned the liberty of their former state. And as the giving of faculties to Priests at their departure for England, is not to be counted a mere voluntary favour, being in truth the due hire of their travels, and alteration of their state; so neither can the continuation of our faculties justly be deemed to depend in such sort upon the will of the granter, as that at his pleasure they expire and determine, without any sufficient cause given. Undoubtedly, the disgrace, and injuries which accompany such a fact, is an oppression that sendeth up his cry to heaven for punishment upon the imposer.  
An extremity, that men who have left the University, forsaken the preferments of learning in their country, relinquished their patrimonies, lost the love of their worldly friends, brought themselves in dislike with their Prince, and the State, devoted their travels to the gaining of souls, and hourly for that cause venture their lives, and floating beside in a sea of difficulties, must after all these, and in the midst of these, be spoiled of their faculties, yea, at the arbitrary pleasure of another, and this sine crimine, without any blame or fault. But who seethe not how this doctrine of our Archpriest tendeth to bondage and mere tyranny? For have Priests in our Country either Tithes, Parsonage, or Vicarage, or any other help of maintenance (though they serve the Altar in more danger than any Priest in the Christian world beside) then the voluntary charities of those, with whom they deal? And with whom can they deal, being deprived of their faculties?  
The Council of 
a Sess 21. de refor ca 2. & sc 1.  Trident enacteth several provisoes, that Priests should not through necessity of want be driven to beg, holding the same a reproach to the order. The like also have the ancient Canons 
b Dist. 50. ca studeat.  decreed, appointing that Priests, even guilty of murder, when their lives are spared, should be allowed a competent portion for their maintenance, out of the benefices they had when they committed the fact. And touching the censure of suspension, all the Canons 
c Panormit. in ca pastoralis § verum nu. 16. D●cius nu. 7 ibid. de app●ll●. Felinus in ca Apost●licae de except. na. 12. G●mini mus in ca si compromissarius de elect. li. 6. & alij.  agree, that when one is suspended from the fruits of his benefice pro poena, for punishment of a fault, his necessities are to be relieved out of the same benefice: 
d Glossa in ca studeat d. st. 50. verb. & sin.  Licet clericus sit su●pensus ab homine vel Canone, tamen ei relinqui debeat, unde se & suos p●ssit suslentare. Albeit a Clergy man be suspended by his Ordinary or the Canon, yet there ought so much to be allotted unto him, as wherewith he may honestly maintain himself and his family. But our Archpriest, as his own writings declare, seemeth to have little part of this consideration and good spirit, when he teacheth and diuulgeth that all our faculties (being the only means we live by) may be taken away sine crimine upon his only will.  
The Cardinal in his ninth Instruction, calleth those Priests that are resident in Catholic houses, the parish priests of the same flock. Which if it be so, then have they in respect of the said persons 
e Henriquez de poeni. sacra. lib. 3. ca 6. nu. 6.  authority à iure communi, to hear their confessions, and absolve them of all sins, from which ordinary Curates may absolve their parishioners. Nor can this jurisdiction for any cause be taken away, so long as they remain their Pastors, though the same may be suspended. But let this stand as it may, yet it is very apparent, and none can deny, but that our faculties here in England are in stead of Church-livings unto us, & our only benefices. Rebuffus 
f In repet. de rescrip. coll. 2. ad medium.  writeth and 
g In verb. Papa nu. 12. & 13.  Silvester, and 
h In 12. q. 2. non liceat.  Archidiaconus have the same, quod Papa post collata beneficia non habet potestatem auferendi ea sine causa, that the Pope after induction hath not authority to deprive the incumbent, or take away the benefice without a cause: and the same Author proveth the position by Barbatia 
i In ca quod translationem de offi. legate. nu. 121. invent. 16. qu. 7.  where he saith, that it was defined by the Council, that none should be deprived of their benefices nisi pro gravi culpa, but only upon a sore and grievous offence: Yea the contrary seemeth to be, as 
k P. 2. lib. 2. cap. 18. nu. 9  Graffius writeth, against the rights of moral equity, namely, that one should be put from his benefice, which perhaps he attained to by much pain and expenses, without any cause or fault foregoing, that could deserve the deprivation. Which if it be true in the ablation of benefices granted, it holdeth more true and stronger in the revocation of our faculties, for the causes abovementioned.  
It appeareth by that little we have said, how unconscionable and extreme is the opinion, which our Archpriest holdeth touching the voluntary grant and continuation of our faculties. Let us now see the correspondency of his practice; and as we have always alleged his Decrees or letters for proof of that we affirmed, so shall we do the like in this point also, being of importance. And to the end no exception may be taken either for abridging or dismembering his words, we will set down the whole Instrument by which his Reverence first took away faculties from some of us.   

Omnibus dilectissimis mihi Assistentibus, & Clero Anglicano salutem.  
SCiatis nos antegressis temporibus duobus illis D. joanni Musho, & D. joanni Collingi onto facultates suspendisse propter eorum manifestam inobedientiam, & perturbationem pacis: postea autem eas restituimus ex ipsorum submissione. Quoniam autem illi iam defendunt caeusam suam, & satisfactionem petunt &c: & varias ad nos literas dederunt contumelijs sive calumnijs plenas, partim emissas in nosipsos, partim in alios etiam superiores: atque etiam hoc ipso tempore multa satagunt contra paecem etc. Ideo nunc, Nos Georgius Blackwellus Archipresbyter Angliae revocamus his duobus omnes facultates etc., iubentes ut omnibus catholicis id notum faciatis, ne ab ijs fortasse socramenta recipiant. Plura ex communibus literis intelligetis; in quorum fidem hisce nostris literis sigillo nostro munitis, manu propria subscripsimus, Londini 17. Octobris 1600.  
Vester servus in Christo: Georgius Blackwellus Archipresbyter Angliae.   

The English.  
To all my dearly beloved Assistants, and to the English Clergy, salutation.  
BE it known unto you, that heretofore we suspended Master john Much, and Master john Colleton, from the use of their faculties, for their manifest disobedience, and perturbation of peace: and afterwards restored them upon their submission. But now because they defend their cause, and require satisfaction etc. and have sent us divers letters full of contumelies and calumniations, partly published against ourselves, partly also against other Superiors: and even at this very instant do go about many thing contrary to peace etc. Therefore we George Blackwell Archpriest of England, do revoke from these two all their faculties &c: commanding that you make the same known to all Catholics, lest perhaps they may receive Sacraments at their hands. More of these matters you shall understand by our general letters: for credit of which matters we have subscribed with our own hand these our letters sealed with our own Scale. From London the 17. of October 1600.  
Your servant in Christ George Blackwell, Archpriest of England.  
Presently as I received the aforesaid Instrument, which was the seventh day after the date thereof, I returned the letter following.   

VEry Reverend Sir, at this instant Master Heborne delivered me a Letter directed to your Assistants and the Clergy of England, giving them to understand, that you have revoked all Master Mushes faculties and mine, with an etc. And you specified four causes thereof with a second etc. The first is, for that we defend our cause: then for that we ask satisfaction: thirdly for writing unto you divers letters full of contumely or calumniations; partly published against your Reverence, partly also against other Superiors; and lastly, for that at this present we busily bestir ourselves in many matters against peace, with a third etc. Moreover you command the said Assistants and Clergy of England, to acquaint all Catholics with what you have done, least haply they receive Sacraments of us: concluding, that they shall understand more things out of your common letters. My humble request is, that you would vouchsafe to express these residues at length and plainly, as also what common letters you mean, and to whom we shall resort for a sight of them: otherwise in my poor judgement the process will appear hard. For to divulge in this notorious manner the taking away of our faculties, which heapeth discredit, and sundire other damages upon us, and alike unperfectly or by halves to recite the causes, and lay down the punishment, as the reader through additions of etceteraes, is left, as it were to a wide scope, to conceive what further bad matter or consequence he listeth of our demeanour, or state of soul; and not upon entreaty so much as to make a full and distinct declaration in the premises, if the proceeding be juridical, or have neighbourhood with clemency, either my books be false, or I understand them not. If your Reverence took but all our faculties from us, and the etceteraes adjoined imply no Censure nor a notorious damnable state; then I desire to know the reason, why we may not minister, and the Laity receive at our hands the Sacrament of the holy Eucarist, baptism, or extreme unction, which your causative ne, seemeth, and by congruity of speech can not, as I think, but deny. Concerning the causes alleged, I acknowledge, as I ever have▪ so do I continually maintain that we were no schismatics, for delaying to subject ourselves to your authority, before the arrival of his holiness Breve, and that I also insist for the reversement of father Lister's pamphlet, as most wrongfully condemning us of that detestable crime. For the other two offences your Reverence chargeth me with, I deny them utterly, and do beseech you most humbly to name the Letter, and particular the contumely or calumnes in which I abused your Reverence, or forgot myself toward any other Superior. The like I desire touching my busy practices against peace, and with greatest instancy. Thus your Reverence in few words seethe my grounds, and understandeth my requests: I humbly pray the grant: and so with duty do leave, beseeching God to guide you, & increase patience in me. 24. of October.  
Your Reverences, john Colleton.  
Notwithstanding which earnest petition to our Archpriest for his answer to the points, he, nevertheless as if he had been more than the Metropolitan of England, and myself the meanest Priest on earth, returned me a ragged piece of paper, such as would not much more than come about a man's thumb, with these words written in it, legatur Suarez tom. 3. disput. 16. sect. 1. & disput. 72. sect. 4. eod. to. together with a few broken speeches by word of mouth, either not appertaining, or not satisfying my demands, which also the messenger being a lay person, would not put down under his hand nor attestate. The places he referred me unto, teach, that Priests deprived of Ecclesiastical jurisdiction, can not lawfully minister any Sacrament, and how many ways they sin mortally that minister a Sacrament unworthily, or others in receiving of a Sacrament at the hands of an unworthy Minister. So that his intent in quoting the places was plain, viz. that I could not, he having taken away all my faculties, administer any Sacrament at all, and that I lived in notorious mortal sin, and therefore none, without sinning deadly, could receive a Sacrament of me. Wrongs, which as I pray God of his mercy to forgive him, so do I hope, that neither he, nor all his adherents, shall be able to prove▪ if they give hands, and devise all the quirks and quiddities in the world for bolstering up the slander.  
And before we descend to the examination of the causes, which his Reverence allegeth in the Instrument for the punishment he inflicteth, it seemeth necessary to speak a word or two, explicating the beginning of his Letter, as also for declaring how and when he may take away our faculties by the authority granted.  
Some nine or ten days before the arrival of his Holiness Breve, for confirmation of the new authority, Master Blackwell suspended 
See more of this matter pag. 52.  the use of Master Mushes faculties, Master Hebornes▪ and mine, because we would not admit him, before he should show his Holiness Letters for proof of the promotion. Which refusal being lawful according to all laws, he termeth a manifest disobedience: and our receiving of him upon the first appearing of the Breve, he nameth our submission; and the removing of the suspension, the restitution of our faculties, all spoken unproperly, and the first also very wrongfully.  
Touching the other point, how and when his jurisdiction authorizeth him to take away faculties, there can not be made a better declaration thereof, then are the self words of the Constitutive Letter, being the set form of his Commission, and from which he can 
Gloss. in ca cum dilecta de rescript.  not serve a hairs breadth, which are these: To restrain or suspend the use of faculties if there shall be need, or to take them wholly away if necessity constrain. So that of force, either need or necessity must be the antecedent to his correction: need, if he restrain our faculties, or necessity if he take them away. And when is this? Marry as the same letter specifieth and seemeth to limit, when his Reverence hath summoned us, and proposed with the advise of his Assistants, the things which either he shall judge necessary to be observed by us, or shall think needful to be written to Rome, or to Doctor Barret Precedent of Douai, and we in the same matters shall show ourselves disobedient, unquiet, or contumaceous: then that his Reverence after due admonitions, and reprehensions used in brotherly charity, may either take away, or suspend our faculties. Which passage (being the words of the Cardinal's letter, and coming after the general grant of restraining or revoking faculties, and in the place where his Grace delivered the form, how and when the Archpriest should use the said punishing jurisdiction) appeareth to be the true, and intended exposition and limits of the former clause [when there shall be need, or necessity constrain.] Or whether this be so or no, yet it is evident by the discourse of reason, and the testimony of the learned, that this need or necessity 
Arg. gloss. in ca ut debitus de Appell. verb. ex rationabile.  must be construed according to the truth of matters, and not according to the private conceit or opinion of our Archpriest. For howsoever father Parsons the plotter and penner of the subordination, would perchance make our Archpriest judge in the matter, and not truth and reason; yet we have no doubt, but the Cardinal the institutor, and are most sure, that his Holiness the confirmer, would have this [need or necessity] to be taken according to the verity of the matter in itself, that is 
l Arg. 11. q. 3. nemo Episcoporum & ca sacro de sent. excom.  for a certain and manifest need or necessity, and not according to any man's form fancy, or corrupt understanding. And if the Cardinal, and his Holiness had this meaning by the words, as we may not mistrust but they had, then can not our Archpriest, (words especially deriving jurisdiction, being 
m Ca intelligentia de verb. signif.  to be understood not as they sound, but according to the intention of the speaker) suspend or take away faculties, but when there is a true and a real need or necessity, which in this subject (the nature of the punishment, and circumstances of place and persons considered) can not be, but a matter of mortal sin, and such a mortal sin, as is clear by the evidence of the transgression itself, and that the delinquent was admonished before of the fault, and did not amend. For if admonition would morally, or did reform the party, there can be no necessity, or need either of repealing, or suspending his faculties. Now to the examination of the causes.  
The first cause that our Archpriest allegeth is, for that we defend our cause. O Lord, would not a man wonder to hear such a cause alleged, if so he knew that we were never iuridicallie condemned, and less by such a superior judge, as from whose sentence we neither did nor could appeal. Verily the ignorance or exigent must needs be great, when that is brought for a cause of robbing Priests of their faculties in such a country as ours, which the law of God, Nature, and all Nations doth allow, namely, the uncondemned to maintain and defend their unguiltinesse, and the reputation of their good names.  
The second cause put down, is, our demand of satisfaction. Strange and very strange how the ask of satisfaction, that is a recompense 
n D. Tho. in 4 dist 15. q. 1. art. 1. q. 3.  according to the equality of justice for injuries committed, can be reputed a cause of taking away faculties from Priests living in England; and the injury, for which satisfaction was demanded, not disproved, yea, in the immediate and direct consequence approved to be a true and grievous injury by the censure of a famous University. But what was the satisfaction demanded, and which did alike aggravate the matter, as for it our faculties must be taken away, without proof of the cause or citation? Father Lister in a public Treatise condemned us of Schism, our Archpriest approveth the condemnation, and in several letters not unstiflie maintaineth the same: our ghostly children by his and the jesuits report, or defamations rather, were put in fear to have spiritual participation with us: and we desired the retractation of the said treatise, as also of the resolution which our Archpriest sent abroad as received from Rome, charging us with the same crime. And are not these, trow ye, capital demands, being duties of injustice by all laws; if so we be clear of the crimes pretended, as now the Pope himself on the first of April last, after the full hearing of the matter, and after all the accusations, shifts, and descants, that father Parson's, his friends, and the advocates of our Archpriest could amplify, hath declared for us, and freed as well from the imputation of rebellion and schism, as from the ignominy of the disobedience objected, for not admitting the subordination, before the coming over of his Breve in confirmation of the same. Who is more blind, than he, that will not see? And holy scripture saith, haec cogitaverunt & erraverunt; excaecavit 
Sapient. 2.  autem illos malitia eorum, these things they have thought, and they have erred, for the faultiness of their affection hath blinded their understanding.  
The third cause rendered by our Archpriest for the taking away of my faculties, is, for that I wrote diverse letters unto him full of contumelies, or calumniations, partly published against himself, partly against other Superiors. In my requests above specified, I besought his Reverence to name the letter unto me, or set down the words, wherein I had misdemeaned myself, either towards him, or any other Superior. What could I do more, myself not remembering any such thing, for coming to the understanding of my fault? But as reasonable as this petition was, yet his fatherhood not liking, or not vouchsaving to answer me directly, only willed me to recount what I had written: and this was all that either then, or ever since I could receive from him, touching the particulars of the foresaid general charge.  
Let others judge of the course, and how far the same is from show of all good dealing, that any Priest his faculties should be taken from him, upon any general cause, without descending to the particular, or further proof of the general, then by willing him to remember what he had written. The Sheriff of London cometh to Symphronius and taketh away all his goods, pretending that he wrote unto him certain letters, wherein sundry high treasons were contained. Symphronius rob in this manner of his goods, demandeth the Sheriff who made the seizure, to tell him what letters of his these were, and what were the treasonable words in particular, for which he thus oppresseth him? The Sheriff biddeth him remember what he wrote, and other answer giveth none. Who will not admire the unjustice, the party thus rifled, being neither condemned, nor the treasons particularized, nor proof made of any? Again, how would our Country exclaim of the cruelty, if the Lord chief justice should put a Counsellor from the bar, and forbidden him his practice, alleging for cause, that he had spoken dishonourably of him, but would not recite what speeches they were, nor when he spoke them, nor suffer him to plead and prove his innocency in the accusation? Our Archpriest his usage is in all points like: he took away our faculties before the fault was proved, the use of them being the only trade we have to live by; neither will he suffer us to argue and defend our unguiltiness, but beside the prohibition and injustice, defameth us in generalities: and requested to name the particulars, he refuseth and biddeth us to examine ourselves: a reason that the greatest tyrant in the world may yield for the foulest wrong that can be committed. Some of my letters unto him are set down before, others follow, as the contents of them do fall in with the matter treated, and the reader may judge how full they are of contumelies or calumniations, that is, of 
o D. Tho. 2. 2. q. 72. art. 1. & q. 73. art. 1. c.  open reproachful words against his, or any other Superiors honour, and of imposing of 
p Idem 2. 2. q 68 art. 3. c.  false and malicious crimes upon either. Certes many of those that have already seen my letters, rather take my manner of writing to the Archpriest for over-ceremonious and submissive, then for contumelious & calumniative. And I verily assure myself, that the partiallest reader who shall not wilfully depose all regard of equity and conscience, can not but witness for me against the accusation; if he duly consider of the many injuries his Reverence hath done me, and the infinite provocations which his common made letters have given, especially that by name which he wrote to Master jackson the 18. of March. In which his Reverence not only calleth me the son of belial, but apply beside this sentence of holy Scripture unto me, ab immundo, quid mundabitur, & à mendace, quid 
Eccle. 34.  verum dicetur? What shall be cleansed by the unclean, and what truth can be spoken by a liar? Which words as well the ordinary gloss, as Lyra, and other expositors, do appropriate to the Devil only, and can be verified of none other, and much less of a Priest; who, how wicked and abominable soever his inward life be, yet doth he ministeriouslie cleanse, either when he baptizeth or absolveth: and although the Devil sometimes telleth truth, yet because he never telleth truth but to the end to deceive, and for that such acts 
q D Th. 1. 2. q. 1. art. 3. & q. 19 art. 4. 6. & 7. & 2. 2. 43. art. 3. & q. 64. art. 7.  take their denomination of the end: therefore the Devil always intending deceit, no truth, as holy Scripture affirmeth, can be expected from him. Which kind of habituate and obdurate wickedness and reprobation, being not to be found in any mortal man, the place can not be truly spoken of any, but of the Devil: and if of none except the Devil, doubtless his Reverence showed either much spleen, or some ignorance in applying this sentence to me, whom yet he hath not proved to be of so infectious uncleanness and lying spirit, as that I defile whatsoever I have hand in, and can tell no truth but to the end to beguile.  
Let the premises and other his writings be pondered, which are not scant in his letters, and I do not doubt but that my rejoinders will seem as temperate and respective, as reason, duty, and priestly mildness did bind me unto. To end this point, I do not remember that ever I mentioned any Superior in my letters to him, save only father Garnet, neither him in any reproachful or contumelious manner: which maketh me the more to muse, with what liberty of pen and conscience his Reverence could pretend and divulge the taking away of my faculties to be for writing letters unto him full of contention, or calumniation against other Superiors; when I never touched in my said letters but one only, and him after no unseemly manner, his approbation of father Lister's treatise, and the nature of his own assertions considered, which were very false, injurious, and shamelessly detractive against me in particular, as the specialties of the Appeal do testify.  
The fourth cause that our Archpriest giveth for depriving me of my faculties, is, for that even at the instant when he took them from me, I attempted many things against peace. This he saith, but doth not specify wherein, nor would his Reverence, when after I wrote unto him to know the particulars, answer me a word. The truth was, that understanding our intention to appeal from him, and thinking Master Much and myself to be two of the chiefest in the action, he knew no means how better to take his pennyworths of us beforehand, then to disfurnish us of our faculties. And to cloak the revenge, his Reverence devised the foresaid four causes, with a couple etceteraes, as loop holes to let in, what he, or his friends could afterwards espy out, of more truth or moment against us. But let our encountering of father Lister's paradox, and our withstanding the imputation of enormous disobedience, be exempted (which conscience & bounden respect of our good names tied us unto) and the whole world can not give an instance, wherein we hindered the making of peace: nay we above any others laboured and pressed the chief means of establishing true peace, as the discourse of the next Reason will demonstrate.  
It appeareth by that little which is said in answer to the reasons of our Archpriest, that there was neither need nor necessity, nor any just cause occurring, why he should bereave us of our faculties, especially before summons, and conviction of the fault. To say, our misdemeanours were notorious, and therefore no need of citing or trial before the inflicting of the punishment, is too bare a refuge, and over common, nor other, then may be alleged in the wrongfullest accusation that can be imagined. The Canonists 
r Anto. fran. in ca ad extirpandas de fill. presby. in lib. a. sub no. 4. Gloss. in ca ad nostram de emp. & rend. Speculat. li. 3. de notor. crim. § 1. nu. 9  teach, Quod licet notori●m non sit de necessitate probandum, tamen debet prob●ri illud esse notorium, That although there be no necessity to prove that which is notorious or public, yet there ought proof to be made that the same is notorious. Which our Archpriest hath not yet done, nor can ever be able to do by all the conjoined forces of the adverse part. For that is 
s Gloss. in ca v●stra de cehabi. cler. verb. notorium, & ca tua, & ca quaesitum cod. tit.  notorious in this case, quod ita exhibet se conspectu heminum quod nulla potest tergiversatione celari, which so exhibiteth itself to the eye or understanding of all men, as that it can not be hid or excused by any colour, or tergiversation soever: Or as 
t In ca vestra de cohab. cler. nu. 14.  Panormitane, and 
v In 2. q. 1. ca de manifesta.  Archidiaconus describe, a notorious fact or crime, cuius testis populus est, & dissimulationi locus non est, whose witness is the people, and can not be dissembled. But the two first offences for which our faculties were taken away, that is, for defending of our cause, and demanding satisfaction, do so little offer themselves to the understanding of most men in the nature and livery of notorious faults, as they hold the actions for most lawful: and the latter two, viz. the writing of contumelious or calumnious letters, and my frequent devisings against peace, how can they be notorious and manifest to others, or not admit denial or dissimulation, when myself who should best know, as being most inward to mine own action and intention, can by no examination of my conscience (holden neither for the dullest, nor the blindest) recount any such transgression?  
It is a general rule, without exception among the learned in the law 
x A●to. franc. in ca consuluit de appell. sub lit. 6. verb. notorium. Card. in consi. 54. incipi. in ●lucidatione, & Ro. consi. 42. incipi. visis.  Quod debet cons●are de notorio, ante quam super notorio disponatur: That there ought to be a manifest constat, and greatest assurance, that the crime or fact be notorious, before any process be made, or punishment imposed upon the same, as notorious. Furthermore, if any process be made, or ecclesiastical penalty inflicted, without summoning the offender before, for a fault that is not public or notorious, the process or penalty doth not bind. Sententia lata contra non ●●tatum, nulla est, nisi in facto notorio: A sentence (as writeth 
y Verb. citatio nu. 5.  Silvester) given without citing the delinquent before in a fact that is not notorious, is void, and of no effect. And Panormitane writeth, 
z In ca vestra de coha. cleri. nu. 18.  Quandoque potest competere aliqua defensio, quod est quasi regulare, & tunc requiritur citatio, alias sententia non valebit: Sometime in facts that are notorious, there may be place of defence, which is very common, and then citation is so requisite, as without it the sentence is of no validity.  
By which places and others before quoted it is very plain, that our Archpriest did not only exceed the bounds of the Constitutive Letter, in the manner of taking away our faculties, but that he did also break the laws 
a Clem. ca pastoralis de re judica.  of Nature, and holy Church in such his enterprise, and the fact nevertheless of no obligation: which may also be confirmed by other arguments.  
There is nothing less doubtful either in the 
b 12. q. 5. c. 1. & ca 1. de causa poss. & prop. & tit. ut lite non contesta. per totum.  Canon, or 
c L. fi. c. si per vim sive alio modo l. 2.  Civil law, then that no one can be deprived of the thing he possesseth, without judicial examination, and trial of the cause. Which without question holdeth also true, as 
d In ca accepta de rest. spo. solut. oppositionis octavae nu. 18. & 19 Pagi. 223.  Navarre writeth, in ecclesiastical rights. So that the possession and use of our faculties being unto us in steed of benefices, and in a sort, covenanted for, and deserved, as it hath been before showed; it followeth directly upon the same reason, that we cannot lawfully be dispossessed of our faculties before we be heard, and judicial examination had of the offence for which they are to be taken away. But of that, which may not lawfully be done, there can be no need or necessity, which are the limits and direction, when our Archpriest may take away faculties, as appeareth by the Cardinal's letter; therefore this not observed but exceeded, 
e D. Tho. 22. q. 60. art. 2. & 6. Ricardus in 4. dist. 18. art. 4. q. 4. Pag. 25.  his fact therein may easily be mortal sin to himself, but never of any effect in us, because if he go beyond his commission, he goeth beyond his jurisdiction, and going beyond his jurisdiction, his fact is of no force, nor obligation, but absolutely void in itself, as the fourth and fifth propositions teach.  
Again, the Divines and Canonists agree, that regular or religious Priests, being once allowed by the Bishop to hear confessions, cannot again be imbarred thereof, but 
f Henriques li. 3. de poeni. ca 6. nu. 6. Benedict 11. in Extravag. inter cunctas Pius 5. prop. mot. pro mendic. Sotus dist. 18. q 4. art. 3. silvest verb. confess. 2. nu. 11.  causa cognita & probata, upon examination and proof of the cause pretended. Much more then, the priests in England, being sent with like danger of life into our country, and having no other means of procuring harbour or maintenance, then by use of their faculties, nor any way enabled, so much to reclaim or profit others, as by exercise of that function, should not, nor cannot by any law or rules of conscience (and the more for that also, the loss of their faculties is a defamation unto them) be deprived of their faculties, but upon judicial examination and trial of the cause, and crime objected.  
Hence, as by other particulars, the injustice and oppression of our Archpriest appear great in dispossessing us of our faculties, only upon the bare naming of a cause, without citation or proof of the cause alleged, a course contrary to law, divine, and ecclesiastical, and contrary to the form of all practice in the christian world. Which measure also becometh the more overrunning in extremity and injustice towards us, in that his Reverence, notwithstanding the long want of our faculties, would not restore us to our former state upon the order, and commandment of his Holiness Nuncio in Flanders, to whom himself assigned me in his dimissories, as to the judge of my appellation; a more direct, and less justifiable kind of disobedience by many degrees, than we can be charged with, notwithstanding the condemnation and outcries that have been made and continued for a long space most violently against us. The words of the Nuncio his letter unto him, belonging to this point, were these: Eo casu mittendi aliqui erunt, sufficienti procuratorio & authoritate, ad ea quae hanc in rem necessaria erunt peragenda instructi (si profectionem rationes & negotia admodum R d● D. V incumbentia non admittant) interim eam monitam & rogatam cupimus, ut interea temporis omnia in antiquum statum reponentur. To the end that all matters may be examined and discussed before the Priests that are come from England, go forwards in their journey to Rome, some are to be sent with sufficient information and authority for accomplishing the things that are hereunto necessary, if your Reverences charge and affairs may not suffer your personal repair unto me: in the mean season, whiles these matters be a treating, we admonish and will you to set all things in their old state.  
Some week or more after I had sent the Nuncio his letter unto our Archpriest, and receiving no answer from him, I addressed the Letter following.   

Very Reverend Sir:  
I Sent you some few days past a Letter from his Holiness Nuncio in Flanders, with a copy of an other of his to the Priests of our Country in general. I doubt not but that you have received them; and receiving them, not I alone, but other also of my brethren do marvel (the contents and the solemnity of the feast considered) that we have not as yet heard from you. By reason of which delay, these are very earnestly to beseech you to advertise us, whether you determine to restore us to our former state, as his Honour in the said Letter directed and willed you to do. Which due of justice we expect the more to receive at your hands, in regard the thing his Grace 
3. q. 1. in multis ca & eadem, q. 2. ca Oportet & ca Si Episcopus.  enjoineth you is none other than what the Canons of holy Church not unstrictly command, the use of our faculties being unto us in am of Ecclesiastical livings, and the means of our maintenance. Let us therefore (we again beseech you good Sir) understand your full mind in the point, and receive notice of the time you assign, for the appearance of some of the Appellants before the Nuncio, there both to answer to that yourself or your procurators shall object, and to prove the avowances in the Appeal, and other injustices received: that so his Lordship hearing both party's face to face, may the more maturely judge, and relate to his Holiness at full (to whom other of our associates in the action are gone) the beginning, process, and true causes of the whole dissension between us. Your Reverence hath oft affirmed (and in that you have published the same, our adversaries make it an assured ground of diffidence or despair in our cause) that your Proctors in Flanders and at Rome have long expected, attending our coming, which how true soever it may happen to fall out at Rome, yet we are very sure, that the truth was otherwise in Flanders. For our brethren coming thither, neither found nor could understand of any such Proctors, and less so amply furnished as your 
* In which among other things these words were written, Illic pro nostra defe●sione extabunt vari● Ill ● Cardinalium literae: illic prodibit Breu● Apostolicum: illic patebunt omnes occultae vestrae machinationes contra pacem: illic circa literas meas, fallaciarum vestrarum omnem caliginem discuss●m videbitis: illic calumni● vestrae, & s●ditiosae vestrae literae proferentur, & rerum omnium vestrarum opertarum fiet vobis iniucunda patefactio. There, for our defence shall divers letters of most Illustrious Cardinals appear: there shall come forth the Apostolical Breve: there shall all your machinations against peace be laid open: there shall ye see all the darkness of your crafty devices about my letters put away and disparkled: there shall your calumniations, and your seditious letters be brought forth, and an unpleasant discovery shall be made of all your hidden matters. 20. of December. 1600.  dimissories reported; yea, and which taketh away all colour of doubt that may be made hereof, the Nuncio himself in the Letter I sent you, wrote unto you to send over (if your other affairs should not licence your personal repair) some with full instruction from you to relate and negotiate the difference: a travel and charge which his wisdom would never without doubt have put you too, had your Proctors been there attending, or so much as showed themselves before his Grace, during the time of our brethren's being with him. And that your Proctors at Rome expect our coming thither, is an affirmation that likewise claimeth in our conceit no great belief, because father Parsons (the only man by all likelihood who must provide and inform them) hath laboured both the Pope's holiness and Cardinal Fernesius our Protector, utterly to forbid our coming to Rome in the cause, and hath further solicited as well the Nuncio in Paris, as the Nuncio in Flanders, to dehort (for I will not say to stay, though that were the word that the party used who sent the intelligence) our brethren at their coming by them, from going onwards to his Holiness.  
No more, but God give us all in our words and deeds to use the sincerity it becometh, and then no doubt the controversy will soon take a sound and a lasting end. Far you well, with remembrance of duty. The feast of the Innocents'. 1601.  
Your Reverences, I. Colleton.   

Our Archpriest notwithstanding this my Letter and earnest request, did not so much as return one word in answer either by letter or message, albeit I sent twice or thrice for his answer. Now to conclude this our fourth Reason, we hope the premises have sufficiently showed, that the authority which our Archpriest possesseth, being very ample in itself, and infinitely more ample in the practice, maketh him a superior Prelate, and consequently his Reverence contained under the Extravagant Iniunctae afore mentioned. And if so, as the largeness of his authority and the scope of his jurisdiction reaching over England and Scotland, cannot but conclude him under the same: then all the power, wit, and learning of the adverse part can never prove us to be in the least point disobedient, either unto his Holiness, the Cardinal Protector, or to Master Blackwell, because the said Extravagant commandeth, and enacteth under a heavy penalty, not to admit any Superior Prelate promoted by the sea Apostolic to the dignity he is chosen to, without he first show the letters of the same Sea for proof of the preferment. Of which kind, we are right sure the Cardinal's letter neither was, nor could be. Yea, to affirm a Cardinal's Protectors letter, either patent or sealed up to be an Apostolical letter, were gross error, and perhaps heretical also, if ignorance do not excuse. For such letters only are called Apostolical, and understood in the Extravagant, quae Bulla sunt munitae, whose seals carry the print or purtrait of a Bull, as 
g In ca accepta de rest. spol. solut. opposite. 8. nu. 23.  Navarre, 
h In reg. de non iudi. iuxt. form. q. 1.  Gomesius, and 
i Gloss. regulae Cancel. 69.  others writ, and the text of 
k Ca licet & ca quam gravi de crimi. fals.  the law seemeth to import. Neither can our adversaries wind themselves out of the straits they are in, by saying that Master Blackwell was not promoted by the Sea Apostolic, but by the Cardinal Protector. For let this be so, yet what followeth, when the Extravagant doth extend itself, as well to those that have their confirmation from the Sea Apostolic, aut confirmationis munus recipiunt, as to those that are immediately preferred by the same sea: and none can deny, but that our Archpriest had the confirmation of his office and dignity from the Pope? If then, the authorities and reasons aforegoing do convince, that we were not bound to receive Master Blackwell to the office upon the sole view of the Cardinal's letter, it followeth, that no bond being, no sin could be, because sin is always the breach of some bond; and if no sin, no disobedience: if no disobedience, 
D. Th. 12. q. 71. art. 6.  no rebellion: if no rebellion, no schism: and if no schism, no excommunication, no irregularity, nor loss of faculties. And if none of all these, than what wrongs, what oppressions, what ignominies, and those also most grievous & slanderous, have father Lister, father Garnet, father Holtby, and our Archpriest with their adherents, heaped in prodigallest measure upon us, and on the necks of our ghostly children: and have not only hereby most despituously massacred our good names, but also raised social contention, turmoiled the inward repose of thousands, and set that on fire, which will hardly be quenched this twice ten years as we fear. Our blessed Lord forgive them, and grant us grace to redeem our sins, by remitting their manifold trespasses done against us.    

The fift Reason.  
THE fift and last Reason of justifying our delay, was, that admitting there had been no surreption used in the information to his Holiness, or the Cardinal, and that the Cardinal had received an express commandment from his Holiness, to erect this particular jurisdiction by name, and that his Grace had also signified the same in plain terms in the Constutitive Letter; and that we stood obliged to believe and rest upon the Cardinal's word in so prejudicial a matter; and finally, that the Extravagant Iniunctae, did not as the same was either set forth by Bonifacius the eight, or as it hath been since enlarged by 
a In constitutione quae incipit cum à nobis.  Paulus the third, 
b In const. quae incipit Romani Pontificis.  julius the second, and 
c In const. quae incip. sanctissimus.  julius the third, involve, or concern the promotion and office of Master Blackwell, as how little true all these things are, the former reasons have sufficiently declared: yea we took the hard conceit and indignation which our Prince and the State carry against Father Parsons, (whom they reputed to be the chief deviser of the subordination, and to have the whole ruling thereof) as a just excuse of not admitting the authority, especially at the first appearance thereof, upon the bare sight of the Cardinal's letter, directed also to no more than one. And the grounds why we took this to be a reasonable cause of justifying our bearing off, were these that follow.  
First, because the Magistrates have in their hands, and de facto have showed to some prisoners at the time of their examinations for proof, and to exaggerate the disloyalties and treasons objected, one, or more letters which they affirm to be father Parsons, wherein his concurrence and furtherance to an invasion were expressed: then the man's restless tampering in State matters, being reported to have proffered, and reprofered the Crown of our Country to several Princes, now to one, now to another, as the meeting of matters and opportunities could most recommend and credit his words, and entertain the parsonage with hope thereof: thirdly, the incessant solicitation, which the Magistrate protesteth, that he hath used with foreign Potentates, and the attempts, which, as the same Magistrate affirmeth, have thereon ensued for a conquest of our country. So as the Magistrate understanding (as common fame could not but bring it to his hearing) that the subordination was the work of father Parsons, our fear was, lest the politic State would deem us coadjutors and creatures combined with him, if we had admitted the Subordination upon no greater compulsion, than the Protectors letter, and consequently, that we were persons who did deserve to be abandoned, and to have the extremity of the laws prosecuted against us. Can we therefore in common reason do less, matters standing in these terms, then defer our acceptance of the authority, until his Holiness had commanded us by Bull, Breve, or other papal instrument, or verbal message, to subject ourselves thereunto; that so the State might see, our receiving of the Subordination not to be for any liking we carried towards father Parson's proceed, but for obedience only towards the Sea Apostolic, and in a matter wherein the observances of our religion bound us, and the same not justly prejudicial to the temporal state? Verily we took this for so reasonable and just a cause, as we could not but stand thereupon, unless we would in our own understanding have showed ourselves cruel to our own innocency; of ill deserts towards the Magistrate, in not removing his wrong suspicion of us when and how we might; ingrateful to our benefactors; unmindful of our own lives; betrayers of the cause we profess; enemies to the professors thereof; and injurious to the honour of Priesthood: for that all these (her Majesty and the State not reading in our actions, that we were true dislikers of all and singular his disloyal practices and platforms) were like to receive increase of affliction & blemish, by our admittance of the jurisdiction, before such time as his Holiness had confirmed the same, & thereby through the virtue of his supreme authority, freed both it and us, from having part in father Parson's intentions, so far as they were any whit disloyal.  
Neither is father Parsons holden only of our Magistrate for a Statist, or marchandizer of the Crown and Diadem, though this were enough to estrange & deforce us from having any connexion, or partaking in aught with him: but his travels and negotiations this way are become so notoriously known, that even Pasquine in Rome (as intelligence is sent us) speaketh in this manner of him:  If there be any man that will buy the Kingdom of England, Let him repair to a Merchant in a black square Cap in the City, and he shall have a very good pennyworth thereof. 
Touching the proper nature of our delay upon the foresaid cause, we think, that the same will not only appear just and reasonable before any Tribunal upon earth to our full excuse, but that it will be found of that quality in the day of judgement, when 
* Psal. 5. Sophon. 1.  justice will be judged, and jerusalem searched with a candle. For what humane cause can be thought just or reasonable, if not the precedent, branching into so many several and weighty consequences, as the premises deliver, and reason maketh manifest, if circumstances of time, place, and persons (the direction of a wise man's aim) be uprightly considered? And if the cause were either in truth, or in semblance just, we mean, either just in itself, or so taken in good faith by us, than our prolonging to subject ourselves (supposing the Cardinal's letter had been a binding precept unto us) was either no sin at all, or not greater than a venial. No sin, if the cause were really just, as witnesseth 
a Ca si quando de rescript.  Pope Alexander the third, 
b 12. q. 96. art. 6. & 22. q. 147. art. 3. ad 2. & in 4. dist. 15. q. 3. art. 4. ad 4. quaest. ad 3.  Saint Thomas, 
c In dist. 76. ca utinam.  Archidiaconus, 
d In ca ●am quae de rescript. nu. 4. & in rubr. de observat. i●iu. nu. 11.  Panormitane, 
e Verb. lex. nu. 8.  Silvester, 
f In ●an. ca 23. nu. 43.  Navarre, 
g P. 1. li. 2. ca 36. nu. 16.  Graffius, and others. Or not greater than a venial, if the cause were but putatively just, as writeth 
h 2 P. tit. 6. ca 2. ante § 1.  Saint Antony, 
i In 22. q. 147 art. 3 & in summa verb. pr●ceptum.  Cai●tane, 
k In 4. dist. 15 q. 4.  Paludamus, 
l Verb. jeiunium nu. 21.  Silvester, 
m Vbi supra.  Navarre, 
n T. 3. disp. 9 q. 2. punct. 5.  Gregorius de Valentia, and others. Neither is this doctrine only true in the commandments of inferior prelate's, but holdeth likewise true in the precepts of Cardinals, or of Popes themselves, as both the text of the law, and the best writers do testify. 
o Ca si quando de rescript.  Si aliqua tuae fraternitati dirigimus, quae animum tuum exasperare videntur, turbari non debes, etc. Qualitatem ne●otij▪ pro quo tibi scribitur, diligenter considerans, aut mand●tum nostrum reverenter adimpleas, aut per literas tuas, quare adimplere non possi●, rationabilem causam praetendas. If we enjoin you any thing (saith Pope Alexander to the Archbishop of Ravenna) that may seem to stir your mind, you ought not to be troubled therewith, but after diligent consideration had of the nature of the business, either reverently to accomplish our commandment, or yield a reasonable cause why you may not fulfil it. And 
p In ca si quando de rescript. nu. 1.  joannes Andrea's writeth, Is ad quem rescriptum Papae dirigitur, debet illi parere, aut iustam causam ostendere, quare non paret. He, to whom the Pope's rescript is directed, aught to obey it, or assign a cause why he doth not obey it. The same 
q Ibidem nu. 1.  hath Felinus; & 
r In ca cum teneamur de praebend. in apostillis ad Innocent.  Baldus writeth further, Quod si in literis Papae dicatur districtè praecipuendo mandamus, tamen potest supersederi ex causa justa: That if the Pope do strictly command such a thing to be done, nevertheless the same may be omitted upon a just cause. Likewise the Gloss affirmeth, 
s In ca cum teneamur de praebend.  Quod ●portet mandatum domini Papae, adimplere nisi subsit causa non adimplendi, That we ought to fulfil the commandment of the Pope, except there be a cause of not fulfilling it. Also Graffius writeth, alleging Saint Thomas and Panormitane for proof of the position, 
t P. 1. li. 2. ca 36. nu. 15. & 16.  Quoth in omni praecepto legis positivae, admittitur exceptio causa rationabil●●: That in every precept of a positive law, the exception of a reasonable cause is admitted. And the reason hereof is, because the laws of the Church, or commandments of Superiors are not secundum se in their own natures of the necessity of salvation (as are the precepts of God, 
v D. Thomas 22. q. 147. art. 4. ad. 1. See the 7. 8. and 12. propositious pag. 27. See also pag. 47.  being the precepts of the law of nature) but only by the institution of the Church, or decree of the Superior, and therefore some causes or obstacles may occur, whereby a party may not be bound to the observance of them. By all which it appeareth, with how little judgement, or rather with what ignorance, and childish reasoning, father Parsons in the tenth leaf of the Appendix inveigheth, and inferreth against us, for affirming, that one may upon a reasonable cause defer to fulfil the commandment of the Superior.  

NOw for the more perspicuity of all that hath been hitherto said, it seemeth necessary, that we put down the whole race of the controversy, and what offers of atonement we have made from time to time, that so the reader may see whetherside hath more inclined to peace, and sued for it. And to show this, from the beginning of the difference, and how desirous we ever were to give satisfaction to all parties who were scrupulouslie grieved at the manner of our proceed, chiefly of mine, on whom most blame was laid: I will here set down two Letters for testifying of such our willingness, the one written to father Garnet, the other to an earnest lay-favorite, and patron of the adverse part.   

Very Reverend Sir:  
Unwillingness to show myself either too quick in taking, or overtender in brooking injuries, hath hitherto not a little (as to me seemeth) stayed both tongue and pen from due questioning and complaining; and would have done longer, but that reports are now grown to the like head, as even fear of offending through too great neglect of my good name, necessarily enforceth a more respectful consideration upon me. My own ears have been witness (good Sir) and my friends every where give me to understand, how sinisterly I am talked of, for wronging (that I use but one, and no harder a term, albeit many and much harder be spread of me) the fathers of the Society. These are therefore to beseech you, and in all right of charity to entreat the receiving of so much favour, or rather not the undue tribute of justice from you, as to acquaint me with those particulars, wherein I have reproveablie, either to your own knowledge, or by such information as will be stood unto, miscarried myself in word, deed, or demeanour against yourself, or any of your society. I expect my full charge, and do no way desire you to leave any point untouched, or not amplified to the most, whereof you hold me culpable. Adding, that the plainer you deal with me herein, the better cause I have to like you. Advertising beside, that for saving some of your friends credit so far as the delivery of like untruths do discredit, it importeth to allege the most you can against me. If my leave be desired as no need, I yield it frankly, because I would not willingly dwell in ignorance of my sins, nor omit satisfaction where I am bound to make it. Thus in brief you have my request, and see the motives, I pray afford me the performance with the soonest. Far you well with very good will, though the course (if with your privity) followed against me, showeth little good will. November 5. 1598.  
By him whom plainness in the premises maketh more yours: I. Colleton.   

SIr, I perceive by the continuance of your hard speeches against me, uttered even where they may work me most hurt, that there will be no end of the evil, unless some means be taken that both you may urge whatsoever you can object against me, and I on the other side, have leave and hearing to make my answers. To which intent, I offer by these, to come where and when you shall appoint, and do further beseech you, that you would have such present, as you think can speak most, and best prove your and their accusations against me. I shall come alone, only with the testimony of my own conscience; you may take to yourself as many as you shall think good: and if you and they shall justly prove me to be faulty, in that I go charged withal, I will forthwith, God willing, both ask you pardon, and be ready to make any satisfaction that shall be thought fit. In the mean, it were good we remembered what the holy Ghost writeth, The abomination of men is the detractor. By which words, the wisdom of heaven seemeth to affirm, that of all ill qualities which make men hateful, and their company to be abandoned, the vice of detraction is the first. Surely if the mouth speaketh from the abundance of the heart, than what suds must lodge in the heart of him, that depraveth the good name of another, and incomparably more in his, who calumniouslie accuseth his spiritual father? For such a one the laws of holy Church reckon for an infamous person. No more but what I writ to you, the same I mean to your son Master N. Far you well the 28. of january.  
Yours howsoever you repute of me, john Colleton.   

TO the latter of these Letters I received no answer at all; and of the former I received the answer that followeth, which I thought good to set down verbatim, both to the end that others might see wherewith I was charged, and how I cleared myself: but chiefly because my reply could not be well understood without the adjoining of his answer, and for that some parts of my rejoinder did most evidently protest our readiness, of admitting Master Blackwels authority, upon notice of the first canonical certitude that should appear thereof, and consequently in all truth of learning, freed us of father Lister's calumniation imposed, and likewise convinced the author and approvers of the same, either of very bold ignorance, or of unworthiest demeanour against us, they having the said reply of mine almost three months, if not full out, in their hands, before the setting forth of that proud and slanderous treatise, the only soul and life of the whole contention.   

My very reverend Sir:  
IF you be sinisterly talked of for wronging our Society: blame not 
Father Garnets' answer.  him (I beseech you) who, for all your strangeness ceaseth not to love you: and whom, for your hurtful proceed, love enforceth to pity you.  
It hath been always my desire, since that we purged ourselves (I hope sufficiently) from the malicious slanders of some impudent libelers, that all things should (as much as is possible) be utterly forgotten: and if all could not be induced to love and affect us, to bear their aversion with patience & silence, without following any course or pursuit against them: so, that if you hear either yourself, or by any others, any sinister reports against you, you may examine them best, whether they be true, and the reporters are to give account on what ground they utter them.  
True it is, that as it hath pleased God to give our Society part in many glorious labours which in his holy Church are continually achieved: so also very often times, yea ordinarily, doth he make us 
Note the matter of this our blame.  partakers of the afflictions and difficulties which do thence arise: and if any worthy thing be accounted worthy of blame, we are lightly the first which are blamed.  
It hath pleased his Holiness of late to ordain a certain government among us. It hath been received with singular liking of the most and best. God forbidden, but that I and all my brethren, should have been most ready to run whither charity and obedience did call us, lest by disobedience we should contemn our Superior, or by schism and division be cut off from the head.  
Some have refused to acknowledge this head, much more to obey him. Their pretences are in every one's mouth that have heard of this authority: It is a thing devised by the jesuits: The Superior is one of their own choosing: Why should the jesuits appoint us a Superior, more than we a General unto them? It is the fine head of father Parsons that hath invented this: He hath given wrong information to the Cardinal and his Holiness: The Cardinal was always partial on the jesuits side: Some of necessity must be sent to inform better: The messengers must procure that some assistants be chosen, who may not be thought to be partially affected to the jesuits: They must propound, to have the government of the College enlarged, as being over-straite, or indiscreet for our nation: Yea they must make suit that the jesuits be removed from the government of all Seminaries of our nation: And touching the mission of England in particular, all the jesuits must needs be called away.  
These and the like speeches having been uttered by such, as either gathered voices for another government, or are known not to favour this: what can it argue else, but that such oppose themselves against the Society, as if no authority were to be liked, but which may beat down the jesuits, or set them and other Reverend Priests together by the ears? And verily, the success of matters since the authority of the Reverend Archpriest was divulged, doth make many to fear, lest the secret intention (yet not perceived of all) of these which were the principal seekers, to erect a sodality, or other superiority and subordination, was either ambitious, or seditious. For having now that very thing which they sought for (although imposed on other persons than they had designed) to reprehend and impugn the same, must needs make men suspect, that they do it, either because they themselves are not chosen, or because such were not chosen as might deal peremptorily with those which they ought to tender. Both which affections, showeth them doubly unworthy of government. For what is so unfit for honour, as ambition? And what have we done, that all should not affect us? Yea by God's great goodness so it is (as we think) that if any affect us not, the fault is in them, and not in us. So that if they would have themselves, or others that do not affect us (though otherwise seeming never so virtuous) to be chosen heads, let them first affect us (so far as in virtue they ought) that they may be worthy of government.  
Then you see (good Sir) it wanteth not probability, that if any give out that you wrong us, it is because you are thought to draw back from your Arch-presbyter, which you know whether it be so or no. And although I verily persuade myself, that most of those speeches never proceeded from your mouth, yet those that will be part of a discontented company, of force must be contented to bear the reproach of many things which are done or said amiss by a few, it being impossible that all men should distinguish, and apply every particular to the true author. And verily, as it grieveth me oftentimes to hear, and I reprehend it so often as I hear it spoken, that such a one, or such another who is not joined to the Archpresbyter, is condemned, as opposite to the Society: and condemn such manner of speech for a fallacy, which we call as you know non causae ut causae: for in very deed, I would not have them reprehended because they are opposite against us, but because they acknowledge not their lawful Superior: so on the other side must I needs acknowledge that it is, and by God's grace will I always procure, that it shall always continue: that those two things are so annexed one to the other, that whosoever is opposite against our reverend Archpresbyter, must of force be consequently opposite against us. And therein will we gloriari in Domino, if any be thought opposite to us, who are opposite unto him. Therefore (good Sir) there is nothing I more desire, there is nothing can be more honourable & profitable for yourself, then that you unite yourself unto him, whom God hath made your Superior: who like unto him which is Princeps Pastorum, is in this our particular church lapis qui factus est, non in offensionem, sed in caput anguli, qui medium parietem maceriae soluat, qui faciat utraque unum: is the only means to join us all together in perfect love and union, which we had long since enjoyed, if his authority had been admitted, as at this present there is no hindrance at all of unity, but the refusing of the same. So that we find true that which is most worthily said by Saint Paul, Non tenens caput ex quo totum corpus per nexus & coniunctiones subministratum & constructum crescit in augmentum Dei. And the cause of this refusing the head he expressed before: frustra inflatus sensu carnis suae. With this head therefore must I hold, to him must I be united, to him must we cleave. Qui ille coniungitur meus est: qui cum illo non colligit spargit. And unfaignedlie I affirm unto you, that I continually pray in particular for your union unto him, in respect of the love I have borne and do bear unto you: which shall not decay, although you would with never so great contrariety of judgements and opinions. And thus wishing you to follow that which is most to the glory of God and your own soul's health, I cease. 11. November. 1598.  
Your plain friend, as you wished Henry Ga.   

Very reverend Sir:  
PErusing your Letter, I find little to the purpose, wherein I entreated your answer. My desire was, to be advertised of all such wrongs, as either in your own knowledge, or by avowable information, I had committed against the Society: and you altogether leaving this point, amplify another matter. Nevertheless, sith you have taken pains to write, what better pleased you then to satisfy my request, I shall not let for eavening your labour, to return you also my opinion of that you have written.  
Touching my strangeness, I pray consider, whether I can not with greater reason except the same against you, than you against me. For you know the way to me, I know not where to come to you: and while I did know, I was (as I verily think) oftener than ten times with you for your once being with me. Besides, in my knowledge, there was never any cause offered, why you should estrange yourself, and more than one given me, that might justly dissuade my repair to you, as namely, when out of good will upon advertisement I told the elder Gentlewoman of the safe shipping of her maideseruant, she refused to take notice, making a like strange of my speeches, as if I had been a person justly to be mistrusted, or not to be trusted with so small a secret. Again, one of those that belong unto you, and who was very well and long weeting to my free access in former time unto you, made pretty shifts in dissembling the house and quarter where you abide. Both which in common reason, did, and must bid me doubt, least wont good will or trust, or both, be decayed in you and in them towards me. If you shall say, that you have sent for me once or twice, my being in Physic at those times (as the messenger could inform from his eye) sufficiently excuseth my fail: and verily since my better health, I have several times wished for a guide to conduct me unto you, so little I did affect to estrange myself, notwithstanding the utter show, or counterpleading of the aforesaid discourtesies. Master Blackwell in his last speech with me, said, the Fathers of the Society had many exceptions against me, which was one principal cause, why I wrote unto you in the tenor I did, but now if strangeness be all, and the same no more deservingly objected, I see well a little can soon and easily be made much against me.  
You say, Love enforceth you to pity me for my hurtful proceed. Good sir, in my judgement you should have showed as much love, and certes, love better qualitied, if it had stood with your good liking to have forborn alike hardly to mis-censure my proceed. I wot not of what hurt my proceed may be made the occasion, because the frailty of man may make what is perfect good, to serve to shadow that which is ill. But how my proceed may be the cause of hurt, which requiring an intention, doth make them truly hurtful, and so denominate: this I see not, because I do not espy in myself any such intent and meaning. And if you say my proceed be of that quality in their nature, you say more than I hope you shall be able to prove, and until you prove them so, why may not my nay persuade as much as your yea, or more, in regard you cannot be so privy to my actions, their circumstances, and my intent, as myself.  
Such as sinisterly report of me▪ are (by the avowance of your own assertion) to give account on what ground they uttered their reports. Father jones reported & affirmeth the same in his Letter to me, that I should call your kind of governing the English College in Rome a Machevilian government, or worse. And when by letter I wished him either to prove that I spoke the words, or disprove himself for doing me the injury, he returned answer: if I did purge myself of Fisher's confession, I should satisfy him. Verily as I wot not what the father meant by this kind of reply, so the probablest meaning that may be directly gathered of his words seemeth to be, that Fisher hath appeached me of such plentiful & bad matter against your Society, as until I clear myself thereof, the good man cannot hold himself satisfied, and in the interim my good name forsooth to be so deeply wounded, and publicly depraved, as licenseth him to report as he did, or what he listeth further of me. My request is the performance of your own grant, that he give an account on what ground he uttered the report, & if so any detraction be found in me, I yield myself to fullest satisfaction: if in him, I demand my right. And because this sore spreadeth in time like a canker by sufferance, the sooner satisfaction be made, the better. But here I cannot but greatly marvel, with what show of charitable dealing Fa. jones or any of the Society can upbraid me with Fisher's confession, whom yourselves call (as I understand your letter) a malicicus slanderer, and an impudent libeler. If you say the man is sithence altered, I hope you have better proof thereof, and I desire to know it, then that speaking to my reproof, he must make no lie, and no fault at all to divulge, or object the same against me: and in speaking to yours, he must tell no truth, and a crime to repeat it, or once to think it of you. Your fortune is good, my favour little; nevertheless, if conjectures upon likelihood of circumstances may persuade aught, they plead for me against the assumption. For what can carry more probability, then that he, who being at liberty, free and out of fear, could and did dispense with his conscience for slandering a meany, and such a meany as yourselves be, who have so mighty partners every where, would in his restraint, in the height of his distresses, and for sooner ridding himself out of trouble, make scruple pardie, to wrong or calumniate such a mean one as myself is, so far off also, and without all acquaintance in that place? Again, whatsoever it be that he accuseth me of, as what it is I cannot imagine, he must needs take the same from the mouth of another, or borrow it from his own invention: because he never knew me, nor I him, or ever had conference each with other, by messenger, word, letter, or otherwise. Nevertheless, sith Fa. jones lays his confession to my charge in the discourteous manner he doth, I must needs think (or hold the Father very inconsiderate) that there is some surer proof for the verity of that I stand accused of, than the only presumption of Fishers bare confession. Or if there be not, as I request all that may be brought, to be brought against me, the measure is very hard which is offered, in that his sole word must be a currant truth against me, whom yourselves condemn, and are bound thereunto, under loss of much credit, for a very unhonest, malicious, and lying person.  
You affirm, that his Holiness of late hath ordained a certain government among us, and that Master Blackwell is our lawful Superior made by God. Good sir, if you love not our errors, or more, if you love peace, 
Note these well.  prove your affirmations, and you end the difference. For undoubtedly our souls bear witness that you are faultilie mistaken, if you take us for such, that will neither obey what our holy Father the Pope appointeth, or what God himself ordaineth. Believe me I beseech you, that the reason why we delay in the manner we do, to subject ourselves to the new authority, is not because we are in vain puffed up by the sense of the flesh, as you wrongfully insinuate: but because we neither see, nor can hear of any Bull, Breve, or other authentical instrument, coming from his Holiness, for attestation and declaration thereof. Which form of process, being ever the customary use of the Sea Apostolic, even in matters of much less moment, and incomparably of lesser question, and failing in this, maketh us greatly to misdoubt, or rather putteth us in undoubted assurance, that his Holiness was not the author thereof, nor the appointer.  
His holy Fatherhood well knows we have no Church-livings, but live only of alms, and that our miseries are in way of no other case, than the prison, torture, and gallows, every miscreant having sufficient authority to apprehend us: so that for his Holiness to increase the number of our pressures, to make the burden of our crosses more heavy, not only by denying us the choice of our own Superior, (a freedom and benefit which the Clergy every where else, and by the Canons of holy Church enjoyeth) but by imposing also a Superior upon us, without all our understanding, and not with the least notice of our liking seemeth to our judgements to be a course of much greater severity, than the mildness of his Holiness nature, and the ripe wisdom of his aged experience, would ever design, and less enact, and put in ure against us. Further, his Holiness being for these forty years space our immediate Bishop, how can we, without express certificate of such his Holiness pleasure, admit another between his blessed Fatherhood and us, unless we would thereby condemn ourselves of want of love and duty towards his Holiness, and of forgetfulness for several rich benefits received. They be in England who have heard his Holiness to say, that he would not appoint a government in England before (to use his own words) the good Priests there should advertise what kind of government they thought fittest, and best liked. Therefore affirm what you list, and tell your favourites, and the vulgar never so liberally, and untruely to prattle of our misconceived disobedience, yet we may not believe the new authority to be the ordinance of that sea, having (by the record of many) his Holiness own words to the contrary. There is an especial proviso in the Cardinal's letter, that if it happen the Archpresbyter to die, or be taken, than the next signior assistant to supply that room, till there be another chosen by the Cardinal. Verily if we had no other ground at all, but the hardness of this proviso, there were cause enough to assure ourselves that his Holiness had no part in the new authority. For who weeting to the abundance of his fatherly love, care, and mild proceed, can win his thoughts, or once to fear, that his wisdom and rare clemency, would alike grievously load our miseries with so perpetual a burden, as neither first, nor last, nor at any time to have the choosing of our own Superior, but must in all changes stand to the appointment of a stranger, unacquainted with us and our State, and who taketh wholly his advertisements or direction from others that are not of our company, but incorporate to another body, and who more labour the glory and advancement of their own peculiar as reason leadeth, than the good of others, from whom they are by profession distinguished. Yea those that are the Cardinal's informers, and whom his Grace most willingly heareth and followeth, are the chief parties of the one side in the difference, for overruling whereof, the new authority was first thought on, solicited, and at unawares brought upon us. Now the truth of the particular being thus, as every one sees who is acquainted with the issue of matters, and will not close his eye, I appeal even to the good opinion which yourself holds of his holiness disposition, indifferency, and justice, whether if he had been the institutor of this new authority, his wisdom and tender conscience would have permitted the adding of so large a prerogative, or truer of so unequal a proviso. I think it an attribute of justice, if not a decree in nature, that the bond of obedience ought evermore to bring some commodity with it: as the obedience of the servant to his master receiveth wages: the obedience of the child to his parent, the benefit of education: the obedience of the wife to her husband, her maintenance and dowry: the obedience of the religious to his superior, provision of all necessaries: the obedience of the Priest to his Bishop, jurisdiction, and the appurtenances: the obedience of the subject to his Sovereign, protection and the administration of justice: and generally wheresoever obedience is due, there followeth a correlative, I mean a good depending which maketh it due. You would have us to obey, and it is the scope of all your travails. I pray name us the good that cometh to us thereby, the whole authority consisting only in the taking away of faculties, and in distressing more our miseries? If the supposed authority had been the action of the Pope, no doubt his Holiness consideration for drawing men's obedience the sooner thereunto, would have given to it some indulgence at least, if no temporal or other kind of spiritual commodity. I shall be driven to touch this point in more places, being the directing cliff to all, and therefore do omit here to stay longer upon it, hoping what is already said to be sufficient.  
You proceed to the reckoning up of our pretences, for so it phansieth your pen to byname the reasons following, as though all were false colours, and no truth at all: and thus you repeat them, as objected by us.  
1. It is a thing devised by the jesuits.  
I trust you will not make show to deny this, the truth being so clear as the light of the Sun when it shineth. And if you do, a number of convincing testimonies can be brought against you, and you by gainsaying so evident a truth, will give us good cause to take heed, how far we believe you in doubtful and unknown matters.  
2. The Superior is one of the jesuits own choosing.  
This also we aver for a certain truth, and avow further, that not only the Superior▪ but all the assistants are likewise of your choosing, as Master Blackwell himself, neither could nor did dame, nor seemed unwilling to acknowledge. And what greater sovereignty would you seek to carry over us, if you might have your wishes, being in the dignity of priesthood, and in the labours for our country by many years our juniors?  
3. Why should the jesuits appoint us a Superior, more than we a General to them?  
If the resemblance be not good, I pray show the difference that disproveth, and the reasons why you may elect our Superior, and we not yours.  
4. It is the fine head of Father Parsons that hath invented this.  
Omit the epitheton, I mean so far as it carrieth the nature of a quipping word, and the residue we maintain, believing there is no one, who will not wilfully blind himself, but seethe so much. For what can be clearer if particulars be compared, or what less denyable or more manifest, then that whereof his own letters to Master Doctor Pearse, to Master Doctor Worthington, and others bear witness infallibly? Therefore good sir, where you let not to affirm, that God hath made Master Blackwell our Superior, you are to prove, proving your assertion, that father Parson's act was God's deed, and what the one, the other did, which will be somewhat hard for you to do, in respect of the indirect dealing which father Parsons used in sending over word unto us, to desist from further proceeding to the choosing of a Superior, as from a matter I wots not of what ill consequence, and he himself notwithstanding to labour and effect it underhand, contrary to the purport of his message and all our knowledges. The Cardinal addressed a letter (as you know) to two reverend Priests while they were on the way to England, and in it made special mention of two apostolical Breves, which his Holiness had then newly set forth. The letter signed with his Grace's seal, and subscribed with his own hand, rehearsed the contents of both in manner following: Sua Sanctitas Breve apostolicum edidit, Datum apud Sanctum Marcum sub anulo Piscatoris, die decimo octavo huius mensis septembris praesentis anni 1597. quo prohibet omnino, ne quis Anglicanae nationis, quoad illud Regnum ad religionis Catholicae, ac sedis Apostolicae unionem redierit, Doctoratus gradum in theologia vel iure accipiat, nisi post cursum quatuor annorum expletum, alios adhuc quatuor annos ad ea quae didicit perpolienda impendat, neque tunc etiam nisi habeat suberioris Collegij in quo ultimò studuerit licentiam in scriptis, cum Protectoris vel vices eius gerentis assensu, & qui secus fecerit, illum poenam excommunicationis ipsi sedi Apostolicae reseruatae ipso facto incurrere: neque praeterea gradum, quem accepit ullum esse omnino sed prorsus invalidum. Edidit praeterea 
This Breve was never seen, for aught we ever heard.  sua Sanctitas aliud Breve exhortatorium, ac consolatorium ad Catholicos Anglicanos pijssimum illud quidem, ac verè Apostolicum, quo eos ad constantiam patientiam, longanimitatem, coeterasque virtutes hortatur praecipue vero concordiam, pacem, ac unionem, quae coeterarum omnium virtutum fundamenta sunt atque vincula, eosque vitent, qui seditiones, ac divisiones seminant. Good sir, as I may be deceived, so perhaps I am, yet under correction I must think that there may be framed out of these a dilemma, or forked argument, that maketh every way greatly for us. Either the reported Breves were set forth, or not set forth. If set forth, then what should persuade, that his Holiness wisdom and diligent regard, being alike circumspect and provident in making forth his particular and special Briefs for ordering the precedents, would in enacting this new authority (a much more jealous and contentious subject) forget, or neglect, or refuse, to do the like or more? Shall we attribute to his sacred fatherhood, prudence, vigilancy, and maturest consideration in small matters, & take them from his Holiness in great? His Holiness possesseth the Chair, that hath the promise of divine assistance. He is our holy Father, and therefore retaineth care of continuing peace among us his children: as the dignity requireth, so his Holiness is full of charity, benignity, and compassion, and therefore much unlike, especially while the Magistrate is in drawing his sword against us, that his Holiness would appoint a mere punishing authority, that never had an example, and not so much as signify to us the constitution thereof, by Bull, Brief, or other Papal instrument, but as if our case, function and travels were despiseable to leave us to the reports of others for notice thereof: who, as to his Holiness knowledge deeds have proved, incline more to favour that is against us, then to friend or causes. And to say, as some say, or as they say who say most, that his Holiness wisdom omitted to make forth a Brief thereof, for fear of trouble, and provoking the State, is so light and superficial a reason, as it best answereth itself in his own weakness. For what greater trouble could such a Brief cause, which the institution of the new authority causeth not more? Neither do we demand the transporting of the Brief, though we see no more danger therein then in sending over the Cardinal's letters, yea much less, because the pot that goeth often to the water, is likelier at length to return broken, then that which was used but once. The favour and justice we sue for, is only canonical notice of that which is done. For this we call, for this we have long and often called, and for this shall we still continue calling, being both just and reasonable, and the performance of no difficulty, nor requiring time, were the authority his Holiness ordinance. On the other side, if no such two Briefs were set forth (as I am sure you will not grant) then must father Parsons the archdeviser thereof be much too blame in getting the Cardinal's hand, subscription and seal to the aforesaid Letter, and just cause administered, why we should suspect the like piece of cunning in other letters that have come from the Cardinal. There is one clause chiefly in his Grace's letter of the tenth of November, which bearing little show of indifferency, maketh us the more to fear the like guile by father Parsons. For who ever heard, where there was but an outward face of justice, that the judge shall command one adversary, to inform him of the life and manners of the other adversary, and to lay down his causes and reasons for him in the matter in question between them? The partiality appeareth such, as deforceth us to think that ever his Grace read the Letter, but signed it, upon confidence of father Parson's sincerity and wisdom. A smooth mean to deceive the best. You see good sir, how either part of the proposition (and one must needs be true) maketh in our excuse, for not stooping down our necks to the yoke that father Parsons hath prepared, and by all means laboureth to enforce. If Master Standish be asked the cause of his journey to Rome, the persuasions used to him to that end, the helps he received, the companions he went with his long expectance for father Parson's return out of Spain, who brought him to the presence of his Holiness, the particulars of the oration he made, of whom he received the instructions, his Holiness speeches in answer thereunto, he can inform enough, if your own acquaintance with the plotting and process of the matter be not light sufficient, to teach you who invented the new authority, who laid the ground, who added the compliments. I should stay my pen from writing it, if it availed aught to be silent in that which every man notes. It would make more to the praise of father Parsons, if being a religious man, he were either less active, or busied in matters directlier appertaining to his calling and charge. For what hath he to do with the Priests in England? How do we depend of him? At what backdoor unknown doth his authority or charge come in? Or what may the rich pleasures be that his wit and travels hath stead us in, and bound us to him, why he should in this high presume of our patience, and yielding to whatsoever he liketh to appoint? Sundry of his devices, or to return the same word back again that he giveth us, disturbances, have so little made us beholden unto him, that neither we nor our Country have received more prejudice from any that seemeth to love us. He happy, we happier, if religion were less worldlified in him, and state matter, and the designing of kingdoms had not so great a part in his studies.  
5. Father Parsons hath given wrong information to the Cardinal and his Holiness.  
So far as the conjectures of all likelihood may aver a troth, this is no untruth, because we can no way conceive that the Cardinal or his Holiness would ever have decreed such a penal form of government, consisting only in taking away of graces, without bringing the least benefit to our country, or ease to our afflictions, if their wisdoms had been fully and rightfully informed of the true state and terms of our adversities. That I say nothing of the designs and petitions which many of the ancients in our realm had assigned, and were forthwith determined to exhibit them to his Holiness view, judgement, and approbation. Further, if father Parsons had given true information to the Cardinal and his Holiness, it followeth necessarily that his credit is right little or nought with either (which you would not have us to think) yea and their loves and care also (which we shall never think) as little or less towards the huge multitude of our manifold miseries, in reason their supreme authority and compassion cannot be drawn to grant upon his information, and soliciting no other favour then increase of penalties, and faculty to revoke whatsoever our late Cardinal of blessed memory had obtained of the sea Apostolic, as well to credit Priests the more, as also to manifest his greater affection towards our Country: yea, and as though this had been too little severity, to inflict beside that kind of punishment, without annexing the same to any crime or crimes, as no age since the beginning of the world (as I verily assure myself) yields in all respect a precedent. All which considerations command us to believe, that the Cardinal (especially his holiness) had no part in setting down the particulars of the authority, or were not well informed, but much more misinformed by father Parsons.  
6. The Cardinal was always partial on the jesuits side.  
I wot not into what hard meaning the word partial may be drawn, therefore we only affirm, that his Grace is no way a backfriend to your Society, but every way most ready to do you all the pleasures and the best furtherances he can.  
7. Some of necessity must be sent to inform better.  
I verily believe the necessity hereof, was many ways so importantlie great, that unless our two brethren had out of their charity and due considerations, adventured upon the difficulties of the journey, for learning the truth, and his Holiness pleasure in all things, there had been much more alteration and questioning among us about the validity and bond of the authority, than now is, or hereafter can be, having by their labours made known our case, and submissivelie referred ourselves to his Holiness arbitement in what soever. That the Cardinal by the title of his Protectorship, should have the like sovereignty in England, as to enforce a Superior upon us, manger our unwillingness, and without our privity, seemeth so strange a novelty, as the like was never heard of in our country before, nor as I think ever had instance in any other country heretical or catholic. Or if his excellency have this ample jurisdiction, by any other title, grace, or privilege, it were very meet we knew it, and after some authentical manner, especially sith he delegateth authority, even to take all authority from us, granted by whom soever, or when soever: yea, to remove us from the places of our acquaintance and residence, and by consequence to turn us to seek harbour and sustenance among strangers: an extremity most severe and most marvelous, the rigour of the laws of our Realm, and the terms of the best condition that Priests live in duly considered, which is mean and base enough, without this new increase of our greater contempt and aggrievances.  
8. The messengers must procure that some assistants be chosen, who may not be thought partially affected to the jesuits.  
Sir, admit this were so, albeit I think there will be many other motions made before, yet what kind of injustice, or uncharitable dealing can you deduce from hence? Is there not good cause that at least some of the assistants (who have by the verity of Master Blackwels words, every one in his own quarter, as large authority to execute all extremities as himself against us) should be perfectly upright, without poise of bias or partiality? And I pray what reason can you yield, or any other complice of the new authority, why the Priests themselves of each quarter should not be franchised and allowed so much favour, as to choose the assistant that must be over them, unless we must be made youngmen still, or rather boys or children, and you our tutors to govern and direct us in all things, and give our voices for us?  
9 The messenger's must propound to have the government of the College enlarged, as being over-straile or indiscreet for our nation.  
As I cannot affirm, so will I not deny, but they may peradventure move such a suit to his Holiness, and the sooner by much, in regard we hold the same no prejudice, but a pleasure done to your Society, as being the self suit which your General as yourselves give forth, hath made to his Holiness, and that of late: and which also well established, could not fail to be but a marvelous good furtherance both to the making and keeping of a perfect peace among us, and likewise to the augmenting of your greater, or more general good name and estimation. For from whence cometh the cause of all, or most of our aggrievances, but from the manner of governing that College? And what so greatly weakeneth the good opinion which our Realm hath conceived of your Society, as the continual discontentment of the scholars there, and the multiplicity of their complaints here after their arrival? Grief and shame forbidden me to rehearse their manifold exceptions, or to name the crimes, that were after their departure from the College most injuriously imposed upon them, and as full detractiouslie read openly in the refectory, and diunlged to their foulest infamy. I omit these as points more odious, then willingly I would any way occupy my pen in, and do only beseek you, to tell me with what indifferent person, you think it can find good hearing, that the Students there, must not talk nor confer under three in a company: nor those of one chamber speak or recreate with their fellows of another chamber, and that they must have strangers to their prefects, whereby the d●e honour of our nation, especially of the ●lder sort of Priests, and students (to whom that office always hitherto belonged) must needs be much impaired, if not distained: also the number of scholars, which otherwise the revenues of the College would serve to maintain, lessened, by so many at least, as the company of the extern prefects amount to.  
10. Yea the messengers must make suit that the jesuits be removed from all the Seminaries of our nation, and touching the mission of England in particular all the jesuits must needs be called away.  
This amplifying speech and exaggeration is the addition of some cunning head, and happily not by chance reserved by you for the last place, as by the pretexed impiety & mustering whereof, all that went before, might the sooner lose the credit of truth, and take unto them the show of words of malice, ad excusandas excusationes in peccatis. For my own part I can say, and as I verily think all my associates can aver the same, that until the reading of your letter, I never heard the least inkling of any such matter. Beside, grant we could so frame our consciences, yet unless we should lose our natural wits therewithal, we could not show ourselves so very fools, as to propound the like motion to his Holiness, being the assured mean of drawing rebuke to ourselves thereby, and to stop his Holiness ears against the hearing of other suits. And to speak my mind plainly as the quickness of the premises enforceth: without all question, it is a large freedom of tongue, that many of your favourites use, if yourselves be all clear. The fault is generally noted, gins to be appropriated, dismays not a few, and cannot but ere long, purchase small commendation to your Society, if it be not eftsoon reform.  
In the paragraph following, you infer as it were a conclusion, saying: These and the like speeches having been uttered by such as either gathered voices for another government, or are known not to favour this: what can it argue else, but such oppose themselves against the Society, as if no authority were to be liked, but that which may beat down the jesuits, or set them and other reverend Priests together by the ears? The frank liberty of your pen astonieth dear sir. For the disjunctive cannot be proved, and your illative importeth much detraction, charging us to have no other mark in our eye in the association we laboured, but the beating down of your Society, & the setting of you & other reverend Priests together by the ears. Alas, could not charity & your love of Priests, entreat your prejudicate conceits so much, as to think there was some other cause less wicked & more excusable, why we embrace not the new authority, then for that no authority liketh us, but which treadeth the jesuits under foot, and soweth discord? Hard, that nothing can be disliked in your actions, but by and by, it must be dubbed an opposition, and every opposition also, to carry the like uncharitable gloss. The form of government that was gone about by the assent & good liking of those, that were to live under the same, was no whit in the outward letter prejudicial to the Society, as both you and father edmond's did severally approve, and the rules themselves declare. And to presume a corrupt intention, to fear false measure, and to suspect the lurking of notorious impiety, where the overt act is good, & the doers never detected of any treachery: if it be policy, it is s●pientia huius mundi, the wisdom of this world, contrary to the property of charity, quae omnia credit, which believeth all things, if not contrary to our saviours prohibition, nolite judicare, judge not.  
You verily sooth, that the success of matters▪ since the authority of the Reverend Archpresbyter was divulged, doth make many to fear, lest the secret intention (yet not perceived of all) of those which were the principal seekers, to erect a sodality, or other superiority and subordination, was either ambitious, or seditious. You still make little conscience to speak your pleasure of us. Master Standish was the first and principal mover (as I have been told) of the sodality, and who understanding that his parts were counted by us not fit to bear office in the same, anon shifted sails (upon what intent you may better ask him) and so leaving us, went to you, became an agent, and by his industry or good fortune, hath gotten an assistantship. If in the former charge you mean him, he is of age let him answer for himself. But if by it you point to me, and others, then let us see how you fasten the fault of ambition or sedition upon us. You say because having now that very thing which we sought for, although imposed upon other persons, do nevertheless reprehend and impugn the same. Like truth, like proof. Is the new authority good sir, that very thing we sought for? I could wish that writing in a controversy, you would be better advised what you did affirm, & how you did contradict yourself: for not seven lines before, you called ours another government from this, as indeed it is, and as different a government, as chalk and cheese, white and black. For as chalk and cheese agree in whiteness, and white and black in that they are both colours: so this new authority with that we intent, agrees only in the name of a government, and in all other points and properties, most discording and dissonant, as is manifest by comparing them together. Ours constrained none to accept thereof: this enforceth all. Ours communicated benefits: this penalties. Ours was to be instituted by the good liking of all their consents that were to obey: this enacted by whose means we know not, other then by the plotting of your Society, unwittingly to us all. Ours a superiority entreating: this full of commands. Ours never to have proceeded, unless the following of peace had been sure by the opinion of all or the most and wisest: this the more unquietness it moves, the greater variance it stirreth, the stifflier and with the more earnestness it is pursued against the refusers. Ours brought in itself consolations to our afflictions, relief to our needs, succour to our distresses, several commodities to our country, spiritual and temporal, and a continuing mutuality of good offices; not only between us, that were of that sodality, but between us and our other brethren, and also between the Clergy and the Laity: this, I mean as it hath been hitherto practised, harroweth men's consciences, bringeth Priests in contempt, maketh lay-men our controllers, raiseth slanders, privilegeth the tongues of your followers, preiudiceth our best friends, decayeth charitable alms, breedeth faction, and putteth dislike between persons of nearest alliance. And none of these heanie sequels counterpoised, by any spiritual good ensuing, either to us, or our country thereby; nay both receive detriment in this kind also, as the new authority is now and evermore may be demayned against us; as namely, trouble, cumber, vexation of mind, scandal, and stumbling blocks, even in the way of the good. Thus you see good sir, how little in our account, the new authority is that very thing we sought for. And admit it were the self-same with ours, as you affirm it to be, yet have I to demand of you, why favouring the new authority with the main force of all your endeavours, by praising, writing, subscribing, counseling, directing, soliciting, employment of your friends, and what way soever you could, or can most grace, recommend, and promote the same, did so little countenance and set forward the association we purposed, being as you will needs have it, the self-same thing with the other: I say, did so little countenance and set it forward, as some of your brethren (what part soever yourself had therein) spoke liberally against it, dispraised it, condemned it, gainestood it, and by cunning prevention overthrew it? Again, if ours and this be all one, what may Master Blackwels reasons be, why he, having written, and to so great liking of himself, against that which we purposed, would or did accept of this with all readiness and applause, being as you confidently affirm, the very thing which ours was, and which himself before improved with many words? I will go further, and ask you that which is hardlier assoiled. What moved Master Blackwell, if this and ours be one, to discommend and glance so oft and prettily as he hath done, both in speech and writing at the one, and so exceeding highly commend and extol the other? If he or you seek to gild the matter, in respect, that this hath the strength and lover of authority, which ours had not, the shadow which hereby you would seem to lay on, is nothing, because there is neither of you both, but well knew, that it was never our intention to have the fellowship we solicited to proceed, be in force or in esse, before the Pope's Holiness had ratified and confirmed the particulars. And the motive why we did acquaint the number of our brethren with the design, before we sought for confirmation thereof, from the chair of his Holiness, was not for an idle vaunt, or for an untimely, or incongruent publication of our purpose (as Master Blackwell is still pleased to hold the opinion) but for that we would not give our brethren cause of offence, as justly we had done, by procuring the allowance, and establishing of the association without their privity, advise and agreement first had thereunto.  
You demand, what you have done that all should not affect you, affirming, that if any affect you not, the fault is in them, and not in you. Good sir, I know not your faults, or if I did, I should refuse to compose the Litany: yet do I not think, you bear that kind of hatred to yourselves, as telling your own tale, you would hurt your own credits. There is no doubt but there are many that do not affect all your proceed, but where the blame resteth hereof, that is the doubt: you lay it in us, we return it to you, and I beseech the mercies of Almighty God, that we may every one see his own fault, agnize, and amend it.  
You hold on, and make the degrees of affection which every one beareth towards your Society, a touchstone as it were for trying who are fit, who unfit to be Superiors. I will repeat your own words as they lie together, to the end I be not thought to misconstrue, disjoint or wrong place them. If they would have themselves or others that do not affect us (though otherwise seeming never so virtuous) to be chosen heads: let them first affect us (so far as in virtue they ought) that they may be worthy of government. The first parenthesis showeth nought that glistereth to be gold, unless it hath your opinion for foil. The residue layeth in, as it were a caveat, or rather giveth order, that such as would be heads, must first affect you (so far as in virtue they ought) that they may be worthy of government. I must take leave to ask you who shall judge of this measure and quality of affection, which of like necessity you require? Others or yourselves? If others, who are they, and who made them the like officers? If yourselves be the men, in what assurance can you put us, that you will always judge aright? Forsooth the whisperings of your own thoughts, the construction you shall be pleased to make of other men's words, deeds, and demeanour, shall be the aim, rule, compass and light to direct you. And what may this be other then for yourselves to bear rule, which if it be not your desires so to do, truly there is an untruth conceived of you, and which hath many believers, and which in the contriving, and managing of these latter actions, is no more hid, than what is most visible. But I pray, what may the full meaning be of the condition you set down, and which maketh those only capable of superiority, or head-ship, that are qualitied therewith? Do they only affect you so far as in virtue they ought, that have but one yea and one nay with you, and can dislike nought, and will approve all, whatsoever you say or do, or go about? Or may they be said to affect you so far as in virtue they ought, who carry a reverent respect towards your Society, and towards your persons also, yet not so affectionately, but will see and can dislike that is amiss in your actions, and be further willing, to put their most help to the redress? No doubt if this measure be of the size that contenteth, there are as many or more fit, left unchosen as chosen, upon suspect and jealousy only, that they affected you not, so far as in virtue they ought. I have little fear but that Master Blackwell well cleared himself of all suspicion that way, and affected you so far as in virtue he ought, when in your behoof, and not without prejudice to the scholars, he wrote a Letter to Rome, witnessing under his hand, that there was no dislike or difference between the fathers of the Society, and the Priests in England, albeit yourself with show of grief voluntarily acknowledged the contrary unto me not long before; yea complained thereof, and expostulated the causes. He also affected you so far as in virtue he ought, when for making up the fuller measure of your purgation, letted not (as the report goeth) to touch three Priests at once with disgrace, by writing under their testimonies and censure which they gave, concerning the particulars of the memorial: Hij tres patres non bene informantur etc. as if the three good Priests had been altogether strangers to the State and truth of matters, or carried so lose consciences, as in so weighty an affair, would affirm they knew not what, and to testify under their hands what themselves were ignorant of. Likewise that party affected you so far as in virtue he ought, who writing somewhat (as it was thought) with the largest in your and your brethren's behalf, and being demanded by a familiar friend of his, how he could verify the words, answered, he could do it by the figure hyperbole. If such dealing and excess of truth be the mean of farming your good conceits, I would be loath to become tenant, if I might have, as this good man had, an assistantship for vantage. Others who spoke and wrote their conscience, and delivered no more, than what their knowledge, judgement, and integrity led them unto, and that also upon charitable considerations, and to good purpose, were notwithstanding deemed thereby not to affect you so far as in virtue they ought, and thereupon by the decree of your own order, reputed not worthy of government. The particular is known, and after an undeniable manner, as from his mouth, who carrieth greatest regard with you. By all that I have said, I would say, that this your strange caveat or canon, and correspondent proceed, as well in appointing of our Superior, as in the choice of the assistants, and in the devising of the instructions and form of government, show apparently enough, how little you seek to have the ordering and swaying of all things.  
You affirm, that in very deed, you would not have any reprehended, because they are opposite against you, but because they acknowledge not their lawful Superior. I pray sir, how do these words comport with that you said before, where you will have the want of affection towards you, a bar against election? Will you make men uneligible, without a fault, or without such a fault as is worthy of reprehension? or will you have such faults as make men uneligible, to be soothed in them and not reprehended? One of these must needs follow, by the sequel of your order: and either concludes more than myself sees reason to maintain. But let this be as it may be, assuredly all men are not persuaded, and some do feel, and will swear, that not only the reprehending of your oppositors, but the punishing of them also, and with extreme rigour enough, setteth but as a gentle corrosive to your hearts, howsoever you grieve now, and would have that none be reprehended for being opposite against the Society.  
You give us to know, and seem to take a liking therein, that you will by God's grace, procure always, and to your uttermost, that whosoever is opposite against the reverend Archpresbyter, must of force be consequently opposite against you & your brethren. Howsoever you please yourself in the needless uttering of these voluntary speeches, my dullness cannot conceive how this spirit agreeth with that of Saint Paul, factus sum infirmus infirmis ut infirmos lucrifacerem, by compassion of the infirmities of all sorts I became weak to the weak, that I might gain the weak. If it be a fault to oppose ourselves in the manner we do against the new authority challenged (as we acquit our conscience to the contrary, and think ourselves well able by sound and good arguments to uphold the lawfulness thereof against whom soever in our country) yet your Society being no party, nor bound to intermeddle, more indifferency, and less taking against us, had been in my poor opinion, as charitable and more wisdom. For by making yourselves a party without cause, and so professed and forward a party, what could you get but adversaries, and have debarred yourselves from being mediators in the difference, si fieri potest, quod ex vobis est, cum omnibus hominibus pacem habentes, if it may be, as much as in you, having peace with all men.  
That you say you will gloriari in Domino, if any be thought opposite to your Society, who are opposite to our reverend Archpresbyter: I say no more, but hope, that notwithstanding your gloriari in Domino, your glory in our Lord, yet our Lord will not be in this, gloria vestra nec exaltans caput vestrum, your glory, nor the lifter up of your head.  
You avouch, that the new authority is the only means to join us all together in perfect love and union, and that there is now no hindrance at all of unity, but the not admitting and refusing of the same. Sir, I can easily believe you in this, for God forbidden I should live the while, to account you, or any of you, so overloaden with frailties, or surcharged with ill nature, that having your desire, will refuse to contract love and union with those that granted it unto you, and further, surrender themselves to your disposing.  
That which followeth in the same paragraph maketh me somewhat to muse, by whose authority or example, you apply the words of Saint Paul, non tenens caput, not holding the head, to the Archpresbyter. For if the holy Fathers of Christ's Church, and the Popes themselves, other then in a general term, ever abstained for reverence to the Apostles, from using their kind of blessing and salutation, gratia & pax à Deo Patre & Domino nostro jesu Christo, grace and peace from God our Father, and our Lord jesus Christ, I see not why you might not very well for reverence sake, have forborn the application of that passage to Master Blackwell, being literally and ever principally referred to our Saviour, and never secondarily applied to any but a Pope, nor can be but incongruously, as my small reading and judgement giveth me. A bold charge, hard measure, that, for bearing off to subject ourselves to the new authority, until the return of our two brethren with true certificate of his Holiness pleasure therein, we must be counted by you, non tenere caput ex quo totum corpus per nexus & coniunctiones subministratum & constructum crescit in augmentum Dei, not holding the head, whereof the whole body by joints and bands being served and compacted, groweth to the increase of God: which is by the prime and proper signification of the place, to apostatate or forsake Christ, and in the second and largest sense, to be an heretic or schismatic. Take heed good sir, least for reproving others, you utter what is not worthy of yourself. I know you had not 
The insuing showed I was deceived herein.  so ill a meaning, but the inferences be direct, and therefore I wish you again to take better heed to the running of your pen hereafter.  
You say, the new authority is received with singular liking of the most and best, and that who is joined to Master Blackwell is yours, and qui cum illo non colligit spargit, he that doth not gather with him scattereth. First, you forget comparisons to be odious, and continue the citing of places unprovable against us. Than you soothe more than can be truly averred in the eye of the world: for by general opinion, there are of as good parts, and of as good deserts, and of no less name, that have not, as have submitted themselves thereunto. And for the number (a gay coate-card in all your mouths) I think if there were authority from the sea Apostolic, willing every Priest to deliver his conscience which of the two kinds of government he most liked, or deemed fittest, either this of your and father Parsons devising, where an Archpresbyter, the lowest Prelature in holy Church, and now 
And this time the Laity were not comprised under the authority.  worn out of use, must absolutely command and prescribe to the Clergy of a whole kingdom: or the other that we now principally sue for, which is the Ecclesiastical & only usual regiment throughout all Christendom: I say, if there were such authority granted, for coming to the true knowledge of every priest's opinion herein, there would be, as I am most assured upon good grounds, ten for one, if not twenty, or rather hundreds of the Clergy & Laity with us against you.  
Now sir for conclusion, if the points of your Letter to me, or more, if the contents of your Letters to others, whereof I have had some understanding: or more then either, if the severity used in Rome and in England against our cause and brethren, were uprightly and judicially weighed, doubtless in my opinion there would appear little ground for the truth of that you say in the beginning of your Letter, to wit, that if all could not be induced to love and affect you, you would yet bear their aversion with patience and silence, without following any course or pursuit against them. I pray, if the Society, I mean the English and your adherents, should do their worst, what could there be more done than is done against us? Can there be more horrible crimes objected? Can what is objected be more openly or more against conscience divulged? Can promises be less kept? Can conditions be worse performed? Can dissimulation be finelier masked? Can Priests sustain greater trial of patience, then is heaped on them? Can the burden of their afflictions take increase? Can their friends be more earnestly laboured to withdraw their good liking and charities from them? Can there be mightier shooving, to remove some of that coat from their places of residence? Can all assays, almost every way, to that end be less forborn? Can detraction be rifer? Can calumniators swerve more? Can more prattlers be found to tennis their obloquys? Can harder censures be given of them or more liberally? Can their lives be ripped up from a further period? Can their faults be livelier depainted? Nay, could faults of no faults be plentifullier created? Or could all this, or more, go freer without satisfaction, less check, rebuke, or controlment? Lamentable, that men suffering for being Priests, and suffering the like extremities they do, should be devoided of faculties, and have doubts thrust into their heads, and by parties of special name, to be also unlawful for them either to use the altar, or to practise preaching. So that if particulars be believed, small is the patience, less the silence, and sharp is the course or pursuit that is followed against us. I writ not these things to the end I do or would charge any in particular, and much less you, than any other: whom my love hath a long while reverenced for virtue, and other good abilities: but I rehearse them (and verily with tears) to move pity, to stir up compassion, and if I might be so happy, to procure also the surceasing and redress of these our common, but no common miseries. And one thing seemeth more strange than all, that acquainting as we did M. Blackwell himself with our purpose of sending to Rome for full understanding of his Holiness mind, and to intimate to his wisdom the true state of our country, and the terms of Priests, as his holy Fatherhood (by the relation of those that heard the speeches) required us to do, yea some having made their appeal also from him, yet that in this short interim till our just doubts be cleared, neither he, nor your society, nor your copartioners, can be entreated to breath, and let the difference sleep, till our brethren bring, or yourselves show his Holiness resolution, but will needs with tooth and nail, and with all earnestness pursue the challenged authority against us, and stop at nothing that lieth in your way, be it the general disturbance of us all, and the disquieting of the whole realm, that I say nothing of the scandal nor of the edging of other persons. A better temper would more commend. Undoubtedly, if our two friends return not the sooner, nor you persuaded to desist from the busy course begun, assure yourselves you will bail our pens, and enforce us for defending of our good names, to make known to the whole realm, the full state & process of all matters in Rome & in England. Wherein, if there fall out aught, as it is feared there will fall out much, little to the commendation of some of your proceed, you are to impute the blame to yourselves, that thus mainly urge the occasion. Good counsel to remember before hand, that had I witted is too late. Neither were it amiss if you did less follow the begging of names to Olim dicebamur, especially with less importunity; an office fullest of suspicion for you to take upon you: but all shows from whence the plot came, and whither it tends, to have our heads under your girdles, in making & ruling our Superior, and by consequence in working your pleasures in whatsoever upon us. Patience. For taking my leave, I beseech you to consider the dissension at Rome, to consider the differences in England, to look into the causes & maintenance of them both, and if you do not espy that we have more to say against you, than you against us, yet to think that our purgation when it cometh forth, will show you so much, & prove us also to have used more plainness, forbearance, truth, silence and charity, than our oppositors have done in their carriages against us. Thus have I (beloved sir) tired myself, and long troubled you, beseeching you humbly of pardon, if I have any way offended: and truly, if I knew the word, line, sentence, or particular which were against bounden charity, I could labour rather to blot it out with tears of blood, than ever suffer it to come to reading. Far you well most heartily.   

A postscript.  
GOod sir, let the length of my answer excuse that it cometh in an other body's hand, and the reason why it cometh so long after yours, was an ague-doubtfulnes, whether I should rejoin or no: fearing lest if I did, I might move offence, which I am loath to do, and would not have set upon the adventure, had your side taken up in any time, or observed any measure in their hard speeches against us. The excess and surfeit whereof, hath been and continueth so great, that had men and women a charter to speak what they list, of Christ his anointed, and that there were no such thing as the restitution of fame, I see not well, how they could either less restrain, or more enlarge their ignorant and slanderous babbling. I hope, conscience binding, and all laws permitting us to defend our guiltlesnes against whom soever, you will not dislike, and less misconstrue, and lesser misinform against this our enforced apology, but rather understanding the grounds of our refusal, procure with all speed canonical certitude of that you would bring upon us, which must and shall presently stint all disputes, & find us readily obedient in what soever. Far you well again, and our Lord protect you, and give me of his grace to see his holy will, and follow it.  
Yours in true love, john Colleton.   

NOtwithstanding the serious and several avowances interlaced in the former Letter, that the least Canonical notice, such as the law in like cases prescribeth, should presently without further question, have us ready upon the first showing thereof, to subject ourselves to the authority: yet did father Garnet, and father Lister, the one in a Letter communicated to many, the other in a divulged Treatise, censure and condemn us of schism, and alike violently prosecuted their opinion, as if the same had been the sentence of all the learned, or rather the declaration of the Sea Apostolic. Neither did this their heady presumption correct itself in any time, but the passion endured, and not endured only, but increased also to the heaping of most excessive and untolerable injuries upon us. Nevertheless, our thirst after peace and quietness was such, as we sent the conditions following to Master Blackwell (who had now allowed the said Treatise of father Lyster, and taken on him the patronage of father Garnets' positions) that his Reverence conferring the matter with the Fathers of the Society, the difference might be composed, & ourselves reunited in former love.   

Conditions offered to Master Blackwell by the Priests, who delayed to receive him to their Superior before the coming over of his Holiness Breve.  
AS always we have, so now expressly again we do admit all Authority, whatsoever his Holiness hath instituted, and are most ready actually to obey the same, when authentical proof thereof shall be showed unto us.  
Further if that can not be showed, yet for avoiding slanderous reports, and to the intent we may more peaceably exercise our functions, benefit and edify others, we are well content voluntarily to subject ourselves and obey this form of government, with these Conditions following.  
First, that we may be sufficiently advertised, how far this Authority extendeth particularly over us, and that we may have a copy thereof.  
Secondly, that you and the Society will consent with us to the sending over of certain, who may thereby have the freer access to his Holiness, both to inform him in our cause, and understand his holy Fatherhoods determination therein: Always provided, that if their audience be prevented directly or indirectly by your or the Societies means, that then we fully revoke all obedience here offered.  
Thirdly, in consideration that two of our brethren employed in this business, have been, by information from hence, discredited and imprisoned, and so still continue for aught we know: our desire is, that we may receive from you notice of the crimes or misdemeanour laid against them, or have your testimony for their good carriage and behaviour whilst they lived here, or at least, that you knew no defaming ill by them.  
Fourthly, that whereas we all in general, and divers particularly have been injured and defamed by a Treatise of Schism, divulged by one of the Society, the same may be reversed, and we again restored to our credits.  
Fifthly, that you would let us have your accord, and letters over, for procuring order from his Holiness, that hereafter the Archpriest may not be elected otherwise then by the consent and voices of our own body. Likewise that the Assistants in respect they have (as it is affirmed) equal authority with the Archpriest in the places where they govern, may not be chosen but by suffrage of the Priests, who reside in the Shires or circuit over which the Assistant shall be authorized.  
Sixtly, that every one that shall be made either Archpriest or Assistant, shall for avoiding tumult or perpetual contention through the confounding and mixing of the two distinct States together, Religious and Secular, protest by the word of a Priest, that he is not by vow, obedience, or other tie, in subodination or incorporate to any other body or company than our own, and that he will manifest so much, and surrender the place and authority he holdeth over us, whensoever he shall be throughlie determined to change his state and vocation.  
Lastly, that for so much as the State is already marvelously incensed against us, and the indignation increasing daily by the means of books, letters, and plots touching State matters, neither meet in these times, nor belonging to our function: our most earnest request is, that all proceed of this quality be by you utterly & presentlle forbidden: and that you, with the joint petition of all the Assistants, would make instant supplication to his Holiness for express prohibition thereof.   

THe offer of these conditions, how well soever the same was meant by us, was nevertheless alike offensively taken by our Archpriest, as his Reverence did not only most peremptorily reject them all, but returned in his answer, that impenitency of heart, and an obstinate will of sinning being the more grievous frenzy, drew us to the 
That is called by our Archpriest a destruction of peace and order, which the Canons of holy Church appointed for the preservation of peace and order.  making of the requests: and that our petition of having the Archpriest and the assistance to be chosen hereafter by the voices of the Priests who were to obey, was the destruction of peace, and the perturbation of order in the Church, being in truth the express decree of holy 
a Ca 1. de electi.  Canons, and the customary form of electing Superiors over the whole Christian world. Again, his Reverence termed our demand of having the treatise of schism reversed, an unreasonable request, because. (as he gave the reason) the medicine ought not to be removed, before the sore be thoroughly cured, applying besides these words of scripture unto us, stiffnecked, and of uncircumcised hearts and ears, always resisting the holy Ghost, with many other alike exciting speeches.  
Not long after the exhibiting of the aforesaid conditions, his Holiness Breive arrived, and we presently without any stay, received Master Blackwell to our Archpriest, and yielded him our obedience: yea, such was our affection to unity, as for desire thereof, we were content to pardon all the injuries and defamations past, being many in number, and in quality most grievous. At this very time our Archpriest wrote likewise a common Letter, willing and commanding all Priests not to upbraid and impute the fault of schism any more unto us. Which favour (so to call the surceassing of most grievous wrongs) we know not whether it moved sorrow or no in the jesuits (who perhaps had conceived some fear, lest the concord begun, might diminish the authority and sway they carried with the Archpriest, being linked now to his body, and brethren) but most certain it is, that not many weeks after the making of this general atonement, father jones a Priest of the Society, gave forth, and defended the assertion, that whosoever should stiffly maintain that our refusal to the subordination appointed before the arrival of his Holiness Breve, did not make us schismatics, incurred by such his patronage of our case the censures of holy Church. Which unreasonable position, our Archpriest, myself acquainting him therewith, affirmed to be true; as there hath been nothing hitherto written or spoken by the Fathers against us, which his Reverence, how unprobable and injurious soever the same was, hath not soothed, and to his power sought to justify. Neither did his Reverence after the aforesaid prohibition, only allow and defend this strange saying of father jones, but also he himself divulged a resolution, both declaring that we were schismatics by our refusal, and directing all Priests not to apply the benefit of absolution unto us, unless we did acknowledge the offence, and make satisfaction for it. Which reviuall of matters rising so directly, and in points of like importance, both from the Society, and from our Archpriest, and for that also some of our fellows were through the divulging of the foresaid resolution denied absolution in the sacrament of penance, and not suffered to celebrate in some places where they came, and where before they had been well accounted of, we, not seeing a fit mean either of easing our distresses, or of relieving our good names, framed the Petition following to our Archpriest.   

Very Revend Father:  
WE humbly beseech you, that the extreme necessity of the hard terms our good names are brought into, may both excuse the boldness (if bounden endeavour to put off so great a hurt may be called boldness) and incline your consideration to take in good part the proposing of our request. Your Reverence and others do still affirm, and seem to avow the opinion more and more, that we incurred the crime and penalties of schism, in not absolutely admitting your Authority before the arrival of his Holiness Breve, our first certain notice of his privity thereunto. Would God therefore it might please you (dear sir) for perfect trial of the truth, & the thorough ending of the controversy, to licence, that we may confer, reason, or dispute the case with the conditions under specified. Good manners, and more, the duties of obedience, forbidden us to name, or request you to be one of the disputants, being our Superior, but if your own desires shall carry you to the yielding of your most help, for better declaration and strengthening of the issue, we shall heartily greet the favour, and rest fuller satisfied, in respect we wish the uttermost that can be said and urged against us. For certes, if we see ourselves, we do neither affect to be misled by error, or dwell in ignorance, or, presupposing that we are deceived, seek for aught more, then to have the noted crime, fortified with the proofs that may most reprove and convict our guiltiness. Among all the means our poor wits could think of, this appeared of most force and the readiest, as well to let the mistaken see their fail, as also to mediate a general atonement, in regard the rules of conscience bind to acknowledge a truth when it is evidently showed, and the agnizing induceth to satisfaction, and satisfaction hath right and authority, as well to cancel injuries past, as also to invite love for the time to come. Two sovereign effects, and being the native begetters and nourcers of peace, cannot but bring great joy and edification to many. If therefore your better judgement shall like to ratify this course, and vouchsafe to give us notice, the advertisement will much glad us, and shall indebt us for dutiful thanks to your Reverence for the kindness. Neither without good cause: for if the difference be not after this way decided, alas we see no remedy, but of constraint our good names bleeding alike pitifully as they do, and the wound so oft and hardly rubbed on as it is, we must either wittingly suffer perpetual infamy to come upon us, or take our pens in hand, & clear ourselves as we may. A process that feareth, because great likelihood our apology shall receive an answer, the answer require a reply, the reply occasion a rejoinder, and so the difference become a circle, that is to say, without end, unless 
How near is this prediction true.  it be that lamentable end which the Apostle specifying, said, quod si invicem mordetis & comeditis videte ne ab invicem consumamini, if ye bite and devour one another, take heed lest ye be not consumed one of another. To fly this gulf, and eschew so idle waist of so much time, that we say nothing of the scandal, we most submissively entreat your good Reverence, to grant for yourself, and solicit the Fathers, that we may in this sort (the shortest as we deem, and the quietest of all others) stint and end the variance. And having now good sir, proposed our request, and given you a feeling of our desires, it followeth that we suppliantlie beg of your good Fatherhood, which our hearts perform in most respective manner, that you would not stretch our words beyond our intention, which is only to make to appear, how earnestly we covet a friendly conference, to hear what can be said, and be heard what we can say; to the end the question to and fro largely discussed, the truth may lie open, and all further contention die for ever. Which being the all only scope and mark of our design, propounded also upon hope of leave and under correction, we trust there is no cause why we should fear to have our intercession for a conference, named a challenge; our enforced defence, a voluntary opposition; satisfaction to others, a breach of obedience; and the seeking of repose to our own souls, undutifulness to our Superior, or contempt of Authority. An entreaty that would make our case most miserable; loaden till we be forced to bemoan our agreevances, and then more loaden for making way to ease them. But our hope is better, and we misdoubt no part of the precedent, in respect of your own construction; but because the address (the purport so beseeking) remaineth to be imparted by you to others, and perhaps not every one in readiness to understand our meaning to the best; therefore we have presumed the more expressly to signify what we would not have conceived amiss. And thus (reverenced sir) being come to the end of that we would say, we leave, with humblest request of pardon, and like defrayment of duty.   

The first condition.  
FAther Wallay, Father Lister, and whom and how many soever of the Society they shall think good to choose unto them, to be reasoners, debatours, or disputants of the one side: and of the other, three such Priests of our company as we shall nominate.   

The second.  
The grounds, reasons, arguments, answers, rejoinders of both sides, upon full discussion and agreement to be set down in writing.   

The third.  
The umpeers or arbitrators, to hear and determine of the weight, truth, and coherence of all that shall be said or alleged by either side, to be two or three of the signior Assistants, and Master Doleman. And that it be in the choice of your Reverence to admit such of the Laity to be hearers of the dispute, as to your wisdom for the quality of occurrences, shall seem meet.   

The fourth.  
That each of the foresaid arbitrators shall faithfully promise in the word of a Priest, to proceed to the giving of sentence, upon the proof and disproof of either side, according to the dictamen of their consciences, and inward persuasion, without delay, colour, mitigation, and all partiality.   

The fift.  
If the said arbitrators shall judge that our case was schism, and ourselves schismatics, than we to be bound most humbly to ask pardon on our knees of your Reverence, and the Society, for hitherto defending the contrary, against the verity of their & your affirmance: If of the other side, they shall censure or deem that we were no schismatics, than the Society, especially the penner, and the approvers of the pamphlet of schism, to acknowledge their error, reverse the tract, and make us some rateable satisfaction for the heap of injuries and infamies sustained.   

The last.  
That it be lawful without offence or prohibition, for either side, after sentence given and fulfilling of the premises, to seek (if it so please) a resolution in the difference, from the Universities beyond the seas, upon show and evidence of the said written dispute, grounds, reasons, proofs & arguments, subscribed with the hands of the umpeers and disputers of both sides, to the end, it may manifestly appear to be the same, and no place left to the other side to suspect any indirect dealing, either by adding, changing, or subtracting aught, to, in, or from the original, and that none of the foresaid arbitrators or disputants refuse or defer to put to his name, being requested thereunto.   

An Appendix.  
Dear sir, after the writing of these, no weak doubt began to arise in our minds, whether we had done well or ill, in not descending fuller into the causes that induced, or truer constrained us, to the making of the foresaid Supplication. And the more we chewed the doubt, the greater it waxed, and the plainer we saw, how we had therein omitted the particularizing of that, which would most justify the moving, and best plead the grant of our suit. May it therefore stand with your good leave, that we here supply the defect, for what you give not leave to, the same we revoke, and beseek, it be holden unwritten.  
1 The head source whence our agreevances do chiefly spring, is the retractation or unperforming of that, which yourself did set down under your hand, and the testimony of one of your Assistants, namely, a prohibition, willing, and if that were not sufficient, commanding all parties to desist to inveigh or follow the note of schism against us, but contrariwise, to suffer all matters past to quail, and to english your own Latin phrase, lie buried in perpetual oblivion. Which charitable ordinance, and many ways most needful, for making and conserving peace, how much and how oft it hath been gone from, let the particulars declare that follow. One of us informed your Reverence, that a Father of the Society (whom he named) affirmed, and stood to the justifying of the assertion, that whosoever believes, or to use his own word, holds opinion dogmatizando, that we were not schismatics, incurreth ipso facto the censures of holy Church. Which licence of speech (at leastwise outwardly) you no way seemed to dislike, but answered, the position was true. And if true, and we not deceived in the signification of the word, how many good sir, of very good conscience, do there abide in a right doleful and a most miserable plight of soul? All our ghostly children, not few in number, and some of them of good quality, and infinite others beside hold opinion, nay firmly, & most resolutely, and with boldest assurance believe, we were no schismatics: and will the Father say that we, and they all, through this our belief, live and continue in a damnable state, and under the heaviest curse upon earth? Pardon, we can never think it, nor count it less in ourselves then rashest temerity, even but once to surmise the same: yet unless the Father be mistaken, or ourselves beguiled in the dark or incongruent senses of his speech, we see no avoidance, but we must needs more than think it, being bound, if his position be true, to believe and teach the verity thereof. Verily dear sir, this touch, or somewhat more, sitteth so near, is of that nature, reacheth to so many, and goeth vested with like circumstances, as by no warrant of conscience, we may neglect the disproof (were we through the virtue of humility, or the holy contempt of ourselves, never so greatly prone and willing thereunto) as teacheth Saint Tho. quodl. 10. quest. 6. art. 13. and may be avouched by that known saying of Saint Augustine: Qui conscientiae suae confidens famam negligit crudelis est: He is cruel, that neglecteth his good name upon the clearness of his conscience. And again, by that exhortation of the Apostle, providentes bona non tantum coram Deo, sed etiam coram omnibus hominibus, providing good things not only before God, but also before all men. And the reason is apparent, for being pastors, and labouring in the business of gaining souls, the report of a good name is as important to us for the good of our neighbour, as a good conscience for ourselves.  
2 Further, your Reverence being sued unto by the whole number of Priests in the Clinck for vouchsafing to restore M. Benson to the use of his faculties, you refused, or thought it not meet so to do, unless among other points he did first acknowledge & sorrow his long adherence to the schismatical conventicle, meaning & so naming our company. Which form of speech, and manner of proceeding, cannot but make plain to every understanding, how desperately grievous you repute our state, and what miscreants we come to be reckoned, when our Superior letteth not to term our fellowship a schismatical conventicle, and that also by pen, whereunto then to a suddenness of speech, a far more mature deliberation concurreth. Consider (in the name of our Saviour we humble the request unto you) the place you hold, the authority your words bear, your writings more; and how thereby the weight of our affliction, with the havoc of our credits daily increaseth, all or most men taking your word for warrant against us.  
3 Again, there is a Letter avowed to be written by your Fatherhood, as the tenor can agree to no other, and the copies common, wherein the words following lie word for word, without change or interposition. We have received a resolution from our mother city, that the refusers of the appointed authority were schismatics: and surely I would not give absolution to any that should make no conscience thereof. Do they think that the scandal that did arise thereof, that the discrediting of our Protectors authority, that the opprobrious speeches against the Fathers uttered by them, that the danger they drew me unto, may be free from sin? I hope they have not so senseless a conscience. And therefore my direction is, that they do make account thereof, and do make satisfaction before they do receive the benefit of absolution. The order and manner of satisfaction, I refer unto the discretion of their ghostly fathers which have not been marked with this note of schism. O good Lord help us, is our demand & standing off, only for canonical proof, that the designed authority was the ordinance of his Holiness, or that it had his Holiness approbation adjudged to make us schismatics, and the majesty of the place remembered to credit our doom the more? And hereupon, as if all were by and by an undoubted truth, whatsoever is advertised by some persons against us, you, first soothing what you would do yourself, command all other, that we make satisfaction, ere the benefit of absolution be imparted unto us. An ordinance only, and that seldom, annexed to public and horrible crimes: but patience must be our remedy, & much patience seemeth not unneedfull, albeit our hope is, there may be some as mean scholars in Rome, as there are elsewhere, or how singularly learned soever he or they were, that thus hardly concluded, it inferreth not much, because as the evidence and information were delivered, so without all doubt were we sentenced: and if these were either not true or unperfit, as we assure ourselves of the one or both, then must the judgement depending thereon needs take the same die, & be of like verity. And if it be replied, that true and full information was given, than we ask, why it is not added to the resolution, or otherwise showed unto us, to the end ourselves and others may be witnesses thereof, and have whereupon we may justly alter and repent our contrary opinion? Besides, it were to good purpose, and to our seeming not unrequisite, that as well the names of the resoluers, as also the most substantial reasons of such their opinion, were likewise set down, and adjoined to the resolution. For without these or other good specialties, what man or woman of conscience in the world, upon view or hearsay of an unauthored resolution, without show of proof, reason, instance, example, or authority, will condemn so many as are of our side of so irreligious a crime, and criminal outrage, whose proper entity and nature requireth in the doer wittingnes, deliberation, obstinacy, and rebellion, and that immediately or mediately, against our high Pontifex, and as Pontifex or head of our Church: for upholding and maintenance of whose prerogatives, we have suffered, and daily do, many sorts of pressures, calamities, and death itself. A strange proposition, and much incredible. In like manner how is it possible, that such a bare and naked resolution should weigh aught with us, standing as we are verily persuaded we do, upon diversity of assured grounds for the contrary, especially when we consider, who wrote the resolution over, a puney in Religion, and fellow jesuite with the creators of our schism: at what time? when a fear was conceived, lest we had sent to the Sorbonists for their opinion: why? because the usual advertiser either had not (as may be conjectured) or would not be seen to have his finger in so great an unright, condemned ere we were heard to speak, or asked the reasons why we did prolong our submission. To draw nearer, would not the odds in the judgement of all men good sir, fall on our side, if to countervail this unstrengthened resolution, we should oppose the opinion & censures of our english Students and Doctors at Douai, who (as an honest Priest reported 
Master Beisley.  that came from thence) make the discourse and proof of our schism, a mere jest and matter of recreation, to sport themselves with by the fire, and cannot believe but the author traveled when he penned it, in some forgetfulness of his scholarship, or distemper of head? Or, if we should seek to encounter the said resolution by the suffrage even of such our fellow Priests here at home, as have not been marked with this note of schism, who being eye and ear witnesses to all particulars, and not without some knowledge in the state of most of our souls, and therefore by probability, as likely to see as far into the point, as strangers, were we anon cast in the closing, or should we lose thereby? If reports be true, or many of good understanding not deceived, there are few of our said brethren either reverent for years, or specially counted of for learning, virtue, wisdom, judgement, discretion, true courage in God's cause, or for any other good part, who do not greatly marvel at this strange resolution, and not a little grieve to see and hear, how sharply, how uncharitably, how injustly, we are dealt with, and what bond of endless discord the pamphlet of schism (the occasion and origin of all) hath most unfortunately cast among us, which notwithstanding we do not rehearse, that when the difference cometh to trial, we intent to make benefit of such their opinions, hoping without that help, to be able with sounder proofs to confirm what we hold, then with such allegations. Now touching your Fatherhoods charge, and our culpableness in the other offences specified, we omit to say much, partly, in regard of duty, partly because we would not be thought tender in taking, nor full of defending, partly also, for that the raising of scandal, must fall in fine to their part, to whom the lawfulness or unlawfulness of the used process, and more the truth or untruth of our schism after deciding, shall prescribe and give it. And as for the other three kinds of sin, of discrediting our Protector, of uttering opprobrious speeches against the fathers, and of drawing yourself into danger, our only answer is, that because the mentioning of them in this sort, bringeth a suspicion of their ungodliness upon us all, we most heartily beseek you, to nominate and take condign punishment of the guilty, and thereby free the residue of so foul a stain. Doubtless, if the taunts of our schism composed, and the plurality of bywords which he spent in that paradox with less modesty against us, yea, if his condemning untruths, in sentencing us to be rebels, schismatics, fallen from God's Church, offenders against all faith and human authority, excommunicate, irregular contemners, and treaders down of due obedience to the Sea Apostolic, scandalisers of all the godly, infamous throughout every man's mouth, no whit better than soothsayers and idolaters, and to be counted of as ethnics and publicans: if these we say with other intolerable defamations, dispersed and sent to Rome against us for deeper depraving our designs and persons (which we can prove, some by letters yet extant, others by testimony of credible relatours) were uprightly balanced, with that which we have said or written against the Fathers, it would soon appear, and as manifestly as light at noontide, who have most exceeded, who have surfeited, and who remain obliged to satisfy, for uttering, we may say lavishing, of lose, bad, & opprobrious speeches. Is it possible, we mean 
Father Garnets' words in his letter to me of the 7. of March. 1599  not for religious humility, or moral courtesy, but for gall itself, or a worse humour, to exaggerate matters heavier upon us, then to affirm, that if those whom we have begotten to Christ, or who are our ghostly children, should receive sacraments at our hands, they seem to receive poison in place of medicine from us, yea also to commit grievous sin if they do but entreat us to celebrate, or shall but help us at Mass. Surely, surely, had we defiled our pens against the Fathers with like stuff and doctrine (Lord) how frankly had we been exclaimed against with open mouth, if not all the bells both in town and country rung out Crucifige upon us long since, to our everlasting ignominy? But the abomination and execration of our schism commerited and importuned this, and a fuller measure of bitterness to be powered upon us. Be it so, though we hope by all authorities to clear ourselves from any such tainder: yet the same being neither decided by sentence of holy Church, nor in talk nor in the least suspicion, before it pleased the Fathers to raise and spread the calumniation of us, we cannot but think we have reason, to blame them of course and homely dealing, that having always honoured them in the degree we have, and they being neither our superior, against whom our offence, if any were, was committed, nor in any way with us in subordination unto him, but a distinct body from him and us, thus peremptorily, thus eagerly, thus violently to censure and condemn their long well-willers, and joint-labourers with them in one vineyard. To say charity induced them to so exceeding a process against us, were to speak voluntarily beyond all likelihood of truth: for, if charity had been the motive, charity being as the Apostle writeth, patiented, benign, not provoked to anger suffering all things, hoping all things, bearing all things, they would either have deferred the denouncing of their cruel sentence upon us, knowing that we had long before that time sent to his Holiness for understanding his pleasure, or have used civiller terms, or at leastwise not interlaced so many frumps, and mightily inciting scoffs, as they did in the treatise, fitlier beseeming a Stage-player, than a religious person.  
4 There remaineth one material point yet unremembered, and which putteth us in fear ofmo troubles at hand, viz. that part of your letter to Master Clerk, wherein you signify, that you are content for the time to suffer us in our opinion of schism, as the less evil, and will not deal as yet as a prelate may do for appeasing the same. What course you intent against us good sir in these your words, we know not in particular, but a warning they must needs be unto us, either to address ourselves, to take upon us without demerit, the turpitude of schism, and thereby discredit our nation, stain our function, lose our faculties, load our consciences, wrap ourselves in censures, and turmoil, if not agonize, the souls of our ghostly children, in breeding doubts, whether their confessions made unto us, or hereafter to be made, be good or no. On these mischiefs, great, and many, and very fearful, we must wittingly put ourselves as is said, or prepare our patience to bear, whatsoever it shall like our hard friends to advise, and yourself to impose upon us. Lamentable to remember how much the former glory and renown of our english scholars and priests at Rome, are sithence the death of our blessed Cardinal, eclipsed, or rather blotted, or rather then either, if we may so say, defamed. Which evil hitherto outlandish and confined chiefly to that place, gins now alas to creep hitherward apace, nay hath already, found large welcome in our realm, and gauled the reputation of Priests, impeached the increase of Catholics, decayed the relief of prisoners, and raised the like mutinies and debates in our country, as the general and God's cause lieth groveling, amity pineth, peace droopeth, our adversaries rejoice, and dissension and faction seem only to reign. Our good Lord for the infiniteness of his mercy, guide and grant you good Father, the happiness to reform all, and pardon the causers whosoever they be, that they feel not the smart of the misdeed, in the reckoning of their last accounts. For conclusion, we appeal honoured sir, to the indifferency of your own thoughts, whether (these, and more of like agreivance, which if we would, we could allege, being the adversities of our present state) there be not greatest necessity of moving and recommending this suit unto you, accounting the grant thereof, as we do, the ablest mean of acquieting all differences, and of reducing us again to peace, love, and union. Qui pacis ineunt consilia, sequitur eos gaudium, joy followeth the counsellors of peace.  
To take our leaves, we beseech you on our knees of pardon, loving Father, if error in our understanding hath misguided our pen in aught: for as for our will, we do assure she is not accessary, & we hope we carry the mind, what decay soever other of late may note in us, that we would not wittingly do the thing, which our understanding shall give us to be unlawful. We misdoubted the direct and lawful procurement of the authority upon more than pregnant conjectures: we did morally assure ourselves, that it was not the commandment of his Holiness: we eftsoon to our great charge, sent two of our brethren to Rome, for understanding the full truth therein: we acquainted your Reverence with our intent: we gave you a copy of such things, as we purposed to move to his Holiness: we offered to obey you in the mean time, and did in fact obey you, as by several particulars we can prove, though we deferred to subject ourselves absolutely unto you before receipt of notice from our brethren or other canonical certainty, that the authority was the ordinance of his Holiness. When the Breve came, we by and by without any delay, submitted ourselves, laboured our friends to do the like, showed ourselves ready to any service, and having been almost infinitely wronged, as the particulars before touched do in part declare, nevertheless for peace sake, and to make up union again, we were content and willing to remit and forgive all that was passed. What could we do in reason, or out of reason, more than we did, and were most desirous thereof, and now to have matters revived and prosecuted afresh against us, what may our afflicted Church and ourselves hope for, but to fall from less quietness to less, if the sole cause of difference after this or by some other good way be not removed and cut off? Which our all-mercifull God, through the bleeding wounds of our sweet Saviour, and the intercession of all our english Saints, grant to the honour of his own name, and the weal of our country. Far you well most heartily, remaining obediently your Fatherhoods children, who although we omit to subscribe our several names in respect ●● the time, yet not unknown unto you by the imputed mark of schism.   

AFter the receipt of these, our Archpriest wrote an answer unto us, wherein he did not only deny the grant of our foresaid petition, but threatened in the manner as followeth: If ever I can find● 
In his letter of the 14. of March 1600  hereafter, that either by word or writing you justify your enormous disobedience, as void of sin, this being a sign of want of grace, and defence of sin, which is an high pride, and tending to the stirring up of new tumults, and disturbance of our wished peace, I will suspend you from your function, as not worthy to exercise the same. Hereupon, seeing our best endeavours could receive no more favour from our Archpriest towards the removing of the accusations, wherewith we were charged, we sent the state of the question (taking this for the next remedy) to the University of Paris, earnestly requesting that venerable company to give us their resolution in the case. Who resolving it to be no schism, nor any sin in the nature of the fact, our Archpriest presently upon the first notice of their censure, published a decree, forbidding us under 
Of the 29. of May 1600.  pain of suspension from divine offices, and loss of faculties, to be incurred in the fact itself, either to maintain, or defend, directly, or indirectly, in word, or writing, the said censure; and he likewise forbade the Laity the same, under pain of being interdicted in like manner, that is, in the fact itself.  
Again not long after the said decree, his Reverence published an other of the 18. of October 1600. wherein he declared, that we had undoubtedly disobeyed the sea Apostolic, and rebelled against his office, and did also therein prohibit us and the Laity under the foresaid penalties, to defend the contrary any manner of way whatsoever. Now what refuge was there left unto us, save only to fly to his Holiness by way of appellation, and by laying down unto him the particulars of our aggrievances? which our Archpriest rejected, allowing it but in the behalf of one only, whose faculties he had taken away before. Further, when his Reverence had thus wronged us, and also suspended, interdicted, and dispossessed some ten of us of our faculties, Master Much not many weeks before he began his voyage to Rome, sent the conditions following to Master Doctor Bavine the signior assistant, to the end that through his mediation and furtherance, they might the sooner be accepted of by our Archpriest, and all matters accorded.   

The first condition.  
THat our Archpriest with his Assistants, and the fathers of the 
Conditions of atonement offered by Master Much.  Society, would be content to declare by a public instrument, that our forbearing to admit the new authority before the arrival of his Holiness Breve, was no schism, nor any such disobedience, but that we, notwithstanding the same, might lawfully and with safe conscience celebrate divine mysteries, and minister sacraments.   

The second.  
That his Reverence would make known by some common letter, that who soever hereafter should renew this controversy, he was and ought to be taken by all men for a seditious person, and enemy to our church's peace, and the common good of the Catholic cause.   

The third.  
That after the aforesaid two public declarations, our Archpriest would restore every one to his former state and faculties.   

The fourth.  
That his Reverence would likewise be content that what Priest soever should be accused, either to himself, or to any of his Assistants, or informed against for any crime or misdemeanour, he the said Priest should not be condemned, nor any way punished, before he were found guilty of the fault by just trial, and personally heard to answer for himself.   

The fift and last.  
That his Reverence would recall all his penal decrees, and not make any hereafter, the burdens of the time considered, without urgent necessity, and with the advise of eight or six of his Assistants, which conditions as reasonable as we took them to be, either did displease, or not content, because we received no answer unto them.  
And now having thus signified how matters passed between us, we leave the discrect reader to judge whether side in their actions have showed greater desire of peace: we who received the wrongs, and did both pardon them, and offered several conditions of reuniting ourselves, or they who doing the injuries, never made proffer of reconciliation; nay sued unto, did exact such kind of submission at our hands, as without defaming ourselves unjustly, & deadly belying our souls, we could not yield thereunto. And that these may not appear bare words, without particular proof, we will here verbatim rehearse both the declaration that our Archpriest made touching M. Drury, and the form he sent him, wherein and how he should submit himself, and acknowledge his guiltiness.   

universis Catholicis Anglis Salutem. That is, To all english Catholics greeting.  
THese are to give you to understand, and are to declare, that Master Robert Drury Priest, hath incurred the pains of suspension, and of the loss of all his faculties, not in respect of Appeal (which I do not deny to any) but for his disobedient breach and contempt of my fourth and ●ifth penal decrees published 18. Octobris, Anno Domini 1600. of which he taketh notice by his subscription to the Letter and the pretended Appeal, dated 17. Novembris 1600. And to this my declaration I have subscribed with mine own hand, and thereunto set my Seal this 7. of December 1600.  
Georgius Blackwell●s Archipraesbyter Catholicorum Anglorum. That is, George Blackwell Archpriest of the English Catholics.   

The form of the submission.  
EGo N. confiteor & agnosco me ex nulla justa caus● de gravaminibus, 
Pag. 120.  atque immensa iniuriarum mole mihi à R ●o D. Archipraesbytero illatis, conquestum esse, & in ipsum dissidiorum tumultuum, atque bellorum intestinorum culpam coniecisse, eiusque salubria quaedam decreta transgressum esse, quorum omnium veniam, facultatum restitutionem, censurarumque si quas incurri sublationem humiliter peto, at superiora omnia revoco, eaque à me dicta vel scripta, vel approbata minime f●●sse vehementer cupio. Insuper iuro in posterum pacifice, & obedienter erga eundem superiorem meum me gesturum, atque ut alij idem faciant, quantum in me erit, & officij mei ratione curaturum.   

The English.  
IN. do confess and acknowledge to have complained upon no just cause of the grievances, and exceeding great mass of injuries imposed upon me, by the most Reverend Archpresbiter, and to have laid the fault on him, of the discord, tumults, and civil dissensions, and to have transressed certain wholesome decrees of his, for all which I humbly ask pardon, and the restitution of faculties, and absolution from Censures, if I have incurred any, and do revoke all the former, and very heartily wish, that these things had never been spoken, or written, or approved by me. Moreover I swear, that I will carry myself hereafter peaceably, and obediently, towards the said my Superior, and in regard of my duty, procure so much as in me shall lie that others do the same.   

THe disobedient breach and contempt which our Archpriest objected against Master Drury was, for that he ave his name to an 
These two branches of the decree are set down pag. 191.  Appeal to his Holiness, without acquainting his Reverence therewith before, and without his licence; and because he by appealing presumed to defend the disobedience that was imputed to such as refused to admit the subordination upon sight of the Constitutive Letter. Two great offences comparable to the saying of a Pater noster, and touching the former. One and the first of the six Articles 
a St●p●etonus de tribus Tho nis p. 36. Quadrilogu● lib. 5. ca 8. Surius in vita eius Matheus Parisiensis pa. 135.  in which Saint Thomas of Canterbury resisted the Constitution of King Henry the second, was, Quod non appelletur ad sedem Apostolicam sine licentia Regis: That no appellation be made to the Sea Apostolic, without licence of the King. Which gainestanding of Saint Thomas was counted so little a fault in him, as he was Canonised for the fact, and God himself proved his virtue by testimony of most glorious and infinite miracles. Our Archpriest decreed, that none under pain of suspension, interdiction, and of losing their faculties, ipso facto, should give their names or suffrages 
See pag. 216.  in any cause whatsoever, unless he did before make his Reverence privy thereunto, and had his assent, comprehending under the clause [of any cause whatsoever] appeals to Rome, as himself interpreteth the words in his common letters to his assistants, and maketh the same most evident, in this his fact of declaring Master Drewry to have fallen into the said Ecclesiastical penalties, by his subscription to the pretended appeal. Stapleton in the life of the former Saint, affirmeth, that the abovenamed Constitution substituted the King in the place of the Pope, by attributing that power unto him, which is proper to the Pope, and that it expressly contradicted the general Council of 
Cap. 7.  Sardis, and taketh away from that sacred consistory the pontificial primacy which was given to Peter by our Saviour, and to those that should succeed him to the world's end. Which if it be true, as we are sure our Archpriest will not deny, what can be less inferred, then that his said decree and declaration doth by so much the worse, and the more unworthily violate the rights of Ecclesiastical liberty, above King Henry's Constitution, by how much the office and person of an Archpriest, is inferior to the state and royal sovereignty of a King, because the presumption of violating such preroatives, taketh his degrees of deformity from the party's state and condition, who letted not to decree and publish such prohibitions to the prejudice and infringing of the said Ecclesiastical rights and liberties? But of this matter we have spoken before in our fourth Reason, where it is showed, that not only the makers of such laws or Constitutions, but those that shall use or judge according to the injustice of them, are excommunicated in the Bull of Coenae Domini.  
Concerning the other offence, for which our Archpriest declared Master Drewry, who had long before, even at the first coming of the Cardinal's letter, most absolutely subjecteth himself to his authority, to have incurred the foresaid censures and penalty, viz. for that by putting his name to the Appeal, he adjudged him to maintain the disobedience objected. We hold it also for no greater fault (admitting the subscription of his name to the Appeal, were a defence of the disobedience pretended, as we do no way see, how it could be) then 
3. q. 1. Nulli dubium. Let such of our brethren well note this place, as believed in their conscience we had wrong, and would not for fear give their helps towards th● redress, either by appealing with us, or by manifesting their opinion for the better resolution of the doubtful.  is the doing of a good deed, & perhaps of bounden charity, according to this saying of Pope Alexander, recorded in the Canons, Qui ex vestro collegio fuerit & ab auxilio vestro se substraxerit magis schismaticus quam sacerdos esse probabitur: He that is of your college or coat, and shall withdraw himself from assisting you, doth therein more approve himself to be a schismatic than a priest. By which it appeareth, how undeseruingly our Archpriest inflicted his punishments, and how unconscionably contrary to all truth and justice, he would have us in our submission to belly and defame ourselves. For it is to be noted, that this form of submission, or injurious condition of release, was not sent to Master Drury alone, but the same was exacted also of Master Much, when he wrote to the Archpriest for the restoring of his faculties, and of us all, especially of myself, when Master john Benet upon direction from father Parsons, laboured to compose the dissension (into whose hands at that time as himself can witness, I committed my whole particular, for him to make what end he thought sit, so willing I was of peace, howsoever our Archpriest held me therein averted:) which manner of proceeding & exaction, so greatly distasted Master Benet, as whereas before he would not grant to set his name to the Appeal, he then presently gave his consent thereunto, saying; that he now saw no hope of compounding the controversy by any other more peaceable mean then by appellation. The Prophet writeth, Erit opus justitiae pax, Peace shall be the 
Esay. 32.  work of justice. And the Evangelists do note unto us, that our Saviour stood in the midst of his Disciples, when he said Pax vobis, 
Luke. 24. & john. 20.  Peace be unto you, signifying thereby that indifferency begetteth, and continueth peace. A virtue which our Archpriest hath not hitherto much observed, but rather showed himself ever most partial between the jesuits and us, as the particulars afore going do convince: and so also may the words which he used to me, at my last speaking with him, to wit, that whatsoever we should say, or do against the jesuits, he would take the same to be done as to himself. Which considered, the nature of their injuries done against us, and how little they seem to incline to satisfy, or desist from increasing of them, may easily appear, and ●●stly put us in despair of enjoying peace, so long as his Reverence holdeth his place and opinion. Our good Lord turn all things to his honour.  
To fold up the whole discourse, we do, and ever did very certainly assure ourselves upon the reasons aforegoing, that our deferring to receive the new authority, was lawful before God and man, as either commanded, or directed by the Canons of holy Church, and not repugnant to the doctrine of any good writer, ancient or modern. Idle therefore and ungrounded, are the exceptions which our oppositors pretend, and the slanders they have raised of us (or if they will not have ignorance to diminish their fault, the calumniations) toto exorbitant, and excessive. Wherefore we hope, they will make us satisfaction, especially for the temporal losses, that have directly accrued unto us by such their defamations: and more, through the wrongful taking away of our faculties. They know the 
b Reg. 4. de reg●ur. li. 6.  rule of the law, the same 
c Ad Macedonium epist. 54.  being the maxim of Saint Austen: Peccatum non dimittitur, nisi restituatur ablatum: The sin is not remitted, except what is taken away be restored, and satisfaction made, where 
d D. Tho. 22. art. 2. & 4.  there is ability of the damages incurred. And they know also, that 
e Ibidem art. 8.  restitution implieth a negative precept, and consequently 
f Ibidem 2●. q. 35. art. 2. c.  that it bindeth them to make the same forthwith. Neither are they ignorant that this right of satisfaction 
g Silvester verb. Papa nu. 16.  being contained under the first conclusions of the law of Nature, remaineth undispensable by any power upon earth: so that knowing to what they are bound, our demand and affiance is, that they will discharge the bond, and not as witting offenders, deserve to be beaten with many stripes. They have the 
Luke. 12.  whole realm and a great part of the Christian world to their lookers on, and therefore it would undoubtedly redound to their obloquy, and scandalise not a few, if they should make no satisfaction for so grievous injuries and detriments.  
It hath been proved once or twice before, that the prorogation of 
Pag. 85. 86. & 238.  yielding our obedience to M. Blackwell, was neither disobedience against his Holiness, nor the Cardinal, nor against himself, notwithstanding the contrary assertion of our adversaries, and the laying of a much fouler crime to our charge; a crime, which for the object, or noblest good it impugneth (being the 
h D. Tho. 22. q. 39 ar. 2. Note the grievousness of our defamation.  unity of God's Church his Dove & spouse) is worse than theft, adultery, murder, or patricide, and worse than the most detestable outrage that can be committed against our neighbour. We of purpose omit here to refute the unworthiness of the imputation, because his Holiness himself hath given sentence against the same, and not only cleared our delay from the accusation of schism and enormous disobedience, but from all kind of disobedience. And verily we cannot but greatly marvel, how possibly so many of our adversaries, carrying the reputation of learning and judgement, could conspire in so great an error, unless the wisdom of God thought it fit for some cause to humble them, or check the high opinion which many carry of their worths, to the disgrace, if not to the contempt of others their fellow-labourers, and perchance of equal deserts with them, in the work they jointly have in hand. Obstinate disobedience (and without 
i D. Tho. 22. q. 39 art. 1.  obstinacy, there can be no schism) may be considered three manner of ways, either against the thing commanded, or the person commanding, or against the office of the commander, in not recognizing him for his Superior. And this later kind of rebellion only maketh the crime of schism, as 
k Ibidem ad 2.  Saint Thomas, and all his 
l Caiet. ibidem & in summa verb. excommunicatio. 7. Banues ibidem Valentia Tho. 3. dispu. ● 3. q. 15. punct. 1.  expositors, with the 
m D. Antoninus 3▪ par. tit. 22. ca 5. §. 11. Archidia. 3. par. tit. 13. Silvester verb. schisma ante nu. 1.  Summists do witness.  
Hence it followeth demonstrably, if our refusal to receive Master Blackwell to our Archpriest, did, or could any way possibly make us schismatics, that the only and principal cause of such our refusal, was, and of all necessity must needs have been, for that the Pope (note our words) or the Cardinal by his commission, had (instituting the subordination) appointed him for our Superior: which how far it was and is from all truth, let our sending to Rome declare; let the protestations we made in our first letters, that the least canonical notice, which should come from his Holiness, should presently stint all disputes, and 
Pag. 269.  find us readily obedient in what soever: let our often repeated demand, and continual insisting for a Breve, Bull, or other Papal instrument, 
Pag. 255.  for testimony of the Institution: let our prompt and real yielding of our obedience unto Master Blackwell so soon as his Holiness Breve arrived: let other our several actions and conclamations bear witness, decide, and denounce to the whole world, whether we refused to receive him, because the Pope appointed him Archpriest, or for the reasons alleged in the discourse before. Verily the paradox of our schism, seemeth so ridiculous, and childish, and without all show of learning, judgement and sense, as we cannot think, but that the opinion, especially the long maintenance thereof, was in the author's poena peccati, the effect and punishment of sin past. And because there can be no demonstration or argument made so clear, but that he who is disposed to wrangle, may easily devise somewhat to reply upon, we think it most convenient for the thorough satisfaction of all parties, to set down here a copy of the Letter which our brethren wrote unto us of late, advertising what his Holiness had declared in the controversy.   

Admodum reverendis in Christo patribus, & fratribus nostris joanni Collingtono, Antonio Heburno, & caeteris consocijs.  
ADmodum reverendi in Christo patres fratresque, exhibuimus Illustrissimis Card. Burgesio, & Arigone (quos sanctissimus arbitros constituit in causa nostra, viros tam pietate & virtute insignes quam legum scientia, rerum experientia, & animi candore omnibus gratos) rationes quibus ducti distulimus Archipraesbytero, ante adventum Brevis Apostolici, obedire. Quibus cum sanctissimo communicatis 11. Aprilis, placuit Illustrissimis Cardinalibus Sancti●atis suae mentem eodem die nobis significare; nimirum quod propter dictam dilationem, nec schismatici, nec rebelles, aut inobedientes extiterimus: & quod confessiones factae sacerdotibus, qui ob huiusmodi rationes distulerunt, essent validae, & nullo modo reiterandae, nisi aliud forsan interueniret impedimentum quam quod à tali dilatione haberet originem. Haec vobis significanda duximus, partim ut multorum conscientijs satisfiat, partim etiam ut ad omnem vos modestiam, charitatem & humilitatem excitemus, tam literis quam exemplo. Quod reliquum est habemus clementissimum patrem, aequissimos arbitros, neque est quod dubitetis de pristina pace & tranquillitate brevissime recuperanda. valet in Domino, Rome 15. Aprilis.  
R. D. V. fratres & servi in Christo humillimi, 

johannes Cecilius.  
Thom. Bluet.  
johannes Mush.  
Anthonius Champneus.     

To the Reverend Fathers in Christ, and our brothers, john Colington, Anthony Heburne, and the rest of their associates.  
VEry reverend Fathers and brothers in Christ, we have exhibited to the right noble Cardinals Burgesius, and Aragone, (whom his Holiness hath appointed for arbitrators in our cause, men renowned for their knowledge in the laws, and experience in all occurrences, and grateful unto all men for their sincerity) the reasons whereby we were induced to defer our obedience to the Archpriest before the receipt and coming of the Apostolical Breve. Which being signified unto his Holiness upon the 11. of April, it pleased the right worthy▪ Cardinals to signify unto us his highness mind the same day, namely, that in regard of that our foresaid delay, we were neither schismatics, nor rebels, or disobedient, and that those confessions which were made unto such priests, who for these reasons deferred their obedience, were in full force, and aught in no sort to be reiterated, except perhaps some other cause or let did happen, then that which took his original from the former dilation. These things we have therefore thought good to signify unto you, partly that many consciences might be thereby satisfied, partly also that we might excite you unto all modesty, charity, and humility, as well in writing, as in example. The conclusion is, we have a most pious and merciful Father, and a most just judge, neither have we any cause to suspect, but that very shortly we shall recover our ancient peace and tranquillity. Rome the 15. of April. 1602. Your Reverences brethren and humble servants in Christ,  


john Cecil.  
Thomas Bluet.  
john Much.  
Anthony Champney.    
Harum literarum exemplar cum utroque Card. reliquimus, qui, communicato cum sua Sanctitate negotio, responsum tulerunt, Sanctitatem suam velle & jubere ut haec ad vos scriberemus.  
A copy of these Letters was left by us with both the Cardinals, who communicating the contents thereof to his Holiness, received answer that his Holiness willed and commanded to write these unto you.  
We hope none will think that either our brethren in Rome whose names are subscribed, or ourselves would devise or feign such a letter: and the same being taken to be a true letter, we have a great hope, that our adversaries will now change their opinion, and from henceforth call us no more the contentious Priests, because 
a D. Tho. 22. q. 38. art. 1. & Caieta. ibidem.  contention importeth an alteration against the truth. And therefore our standing in the maintenance of truth and our good names against them, cannot be called contention in us (being a thing 
b D. Tho. & Caieta. ubi supra & Valentia T. 3. disp. 3. q. ●4. punct. 2.  laudable and 
c 12. q. 1. Nolo. D. Tho. quodl. 10. q. 6. art. 13. Navarre. t. 1. in cap. inter verba. 11. q. 3. concl. 2. nu. 15  obliging) but in them only who so injuriously oppugned both truth, ecclesiastical order, and our good names.  
Likewise the adverse part objecteth scandal unto us, but with less colour of pretence, than it imputeth contention. For he that can be said to scandalise, must have (as 
d 22. q. 34. art. 1. ad. 4. & art. 3. Caieta. & Banues ib. den Valentia To. 3. dispu. 3. q. 18. punct. 1.  Saint Thomas and all his expositors do uniformly teach) either a formal and express intention to draw others into sin, or do an act which of his proper nature enticeth to sin: or thirdly (which is called scandal by accident) do an act whereat others take scandal, albeit neither the nature of the act, nor the intention of the doer, gave any such cause. Touching the first member of the division, we are sure our adversaries will not say, that we had in our deferring a formal intention to scandalise: and touching the second member, it appeareth that our said deferring was not of his own nature inducive to sin, because the same was no other than what the Canon's command, or allow, as the former reasons have showed, and as his Holiness by his late declaration hath made more manifest. It resteth therefore, that if our said deferring occasioned scandal, that is the spiritual ruin of others, it was merely through the ignorance, or infirmity, or the malice of such as took scandal thereat. And before this active scandal by accident can be imputed a sin to the giver, it is of necessity (as all Divines agree, and common reason telleth, for avoiding many gross absurdities which otherwise would follow) that he 
e Valentia ubi supra puncto 2. & 4.  who this way is scandalised, must first note, or be bound to note, both that another will take scandal at such his fact, and that himself be bound to desist upon the same notice, or adversion. Which two points and circumstances our adversaries will never be able to prove to have concurred in the act of our deferring. But of the other side, we little doubt, but that the condemnation which they passed upon us for the said delay, and the great stirs, which by the nature of such their actions have followed, have occasioned both many, and most lamentable scandals.  
Concerning the ambition wherewith some of us go charged by our adversaries, we would know whether they account us void of all judgement: for if they do not, how can they report us to be ambitious, when there is not scarce any one of meanest understanding in our country, but knoweth, that no Englishman either of the Clergy or Laity, can come to preferment in Rome, Spain, Flanders, or any place where the jesuits live, but only or chiefly by their mediation or countenance? Yea, what Priest in England can come into credit with the Archpriest, or hold so much of his favour as he possessed before, if the jesuits do not like well thereof? Also touching the future, none can be so blind, as not to see, that the jesuits affect, and hope to have the distributing of promotions, and the ruling of all things, if our country happen to turn Catholic. Of which hope and design of theirs, though there be many other strong presumptions, yet none seem to conclude the same so apparently, as doth Father Parsons Babel, that is, his Castle in the air, or book of Reformation, prescribing rules to all estates. So that our adversaries knowing us voluntarily to have discontinued familiarity with the jesuits, and broken off all dependence on them, and nevertheless upbraiding us with ambition, they must needs take us to be very fools, not only in striving to swim against the stream, but also desiring promotion, whereas we abandon all the likeliest means of attaining thereunto. Or let these things plead for us as they may, yet because myself by report am most condemned by name, for traveling in the humour of seeking superiority, I must here crave a favourable construction from the reader of my intents, for laying down the particulars following, being enforced thereunto by the necessity of my own purgation.  
When the sodality, or clergy association (so earnestly inveighed against, both in the Letter of the six assistants to his Holiness Nuntio in Flaunders, and in several places of the Apology) was first intended to be erected, there were of that company who laboured me, that I would not refuse to accept of the superiority: but can any one say, that ever I granted thereunto? Master Standish, one of the chiefest promoters at that time of the said sodality, and whose testimony is freest from suspicion (being now become an adversary thereunto) can witness no, and that I still insisted to have the Superior chosen by two third parts of such, as should unite themselves for the institution of the said sodality. Again, to the end that the Superior might this way be chosen, I named five or six ancient Priests, out of which the election (as I thought might well be made; offering beside to contribute largely towards the taking and furnishing of a house, for the use of the said Sodality, so as they would exempt me, and make choice of an other.  
Now if the precedent refusal and offer do not clear me of being desirous of superiority, because the one may be interpreted for an external show of humility only, and both dissembled by me, to the end to draw them the more cunningly onward to the continuing of their purpose, of making me the superior: yet surely the speeches which I used to Master Blackwell himself about the same matter, will (I hope) free me with all men. Not long before the instituting of the new authority, Master Blackwell dealt earnestly with me, that I would desist from making or furthering any innovation through the erecting of the sodality, affirming, that it argued an ill affected humour in me, to entreat others (for so he said, he understood that I did, though in truth it was not so) to be of the sodality, whereof myself was designed the head. Whereupon, I then presently gave him my word to be his bondman, if ever I accepted thereof; and yielded him hearty thanks for his speeches, as having given me a sufficient cause by them, to deny all my friends for ever taking upon me the office, by how many soever the same might be importuned, and laid upon me: which I trust is so plain and sincere a disproof of that which is imputed unto me, as it can admit no exception.  
Moreover, when Master Bishop and Master Charnock were resolved to go to Rome for giving his Holiness to understand what kind of government the Cardinal Protector had instituted in our country, and how inconvenient the same was in many respects, and withal to manifest unto him the lack of Bishops, which our younger Catholics had for the ministering of the sacrament of Confirmation; and how greatly that benefit was desired by many, I requested Master Bishop, that if they should win his Holiness to grant Bishops, that in no sort he would name me for any, assuring him, that if I thought he would, I should neither be willing he went the journey, nor would contribute a penny thereunto. To speak yet more foolishly, finding myself not so strong as I did desire against all such temptations, and willing to strengthen myself more, I enjoined myself a years penance (as the day of judgement will declare) for the better subduing of them, which spiritual task I performed, and found (God be ever thanked for his infinite mercies) long before the penance expired, that holy fear and hatred of like dignities, as I would not, nor I hope yet will stoop to the ground to take up the best Bishopric in the Christian world with the charge. Small reason therefore had our Archpriest to write as he did of me, and to divulge the copy of his letter, namely, that I was a man clouded in my understanding, if not 
In his Letter to Master Hebborne of the 2. of March. 1599  cloyed about my heart with too many fumes of ambition: And as little cause also have many others (who perchance less know me) to prattle and enlarge their backbitings of one, as they do.  
Further, if there be any Priest, or lay person in England, with whom, at any time I have conferred about deriving Superiority to myself, let him not spare to publish whatsoever I said unto him: but I think there is not that creature living which can charge me with any such matter.  
Of the otherside, if either Father Parsons or our Archpriest wrote the Epistle of pious grief (as few doubt but one of them did) it is strange to see the praises they deliver of themselves. And as for Father Parsons it is noted, that he writeth no book, discourse, nor scarce any letter of these stirs, wherein he doth not make mention of the Colleges he erected, or recount some other good act of his own. Amongst many, the man is thought to be ill neighboured, in that he is thus driven to praise himself, and few do think it religious modesty, to farce books with their own commendations, and to set them forth in other men's names: an exercise, that never any Saint or humble man practised. By which course of his, and some other of his dealings it is vehemently suspected, lest he direct his labours to the making of himself popularly famous, and prepare the way to a Cardinal's hat.  
By the erecting and managing of the Colleges, he cometh to have store of money for every expense, which otherwise he was like to fail of, nor could he spend five or six crowns a week (as by credible relation he doth) in postage for Letters only. Again, the same employment and care of his in erecting and providing maintenance for the Colleges, serveth his turn for living in places of concourse, here, there, and every where, but in a college of his order. A liberty, which himself many years since so heartily desired, as he persuaded some Priests to write to his General, how greatly it concerned the common cause, and the good of our whole Nation, that he occupied himself in the affairs thereof, and lived abroad in the world, where the doing of most good should demand his presence. Moreover, by this opportunity, and by having the Colleges under his own government, he enjoyeth fittest means of picking out the finest wits of our Students, and furnishing his own Society with them. A service not ungrateful, and which increaseth his reputation with the General, and other chief persons of the Society. In brief, through these means also, and for that he presumeth to be able to do much (poor man that he is) in making our next King or successor to her Majesty, he getteth acquaintance with men of State, Princes, and Kings, and entereth conference with them about the same. An affair of no small contentation to the outward man (whom he is thought not as yet to have fully cast off) and as potent and forward a help, as ordinarily any can be, of working his own advancement, and of gaining a scarlet cap. These, and other like respects are suspected to be the ends his travels tend unto, and the cause of such a suspicion, seemeth doubtless to be strong. For if he sincerely intended the good of our Church, and the increase of learning, he would not have dealt with one of the ancientest Priests of our Nation, about the dissolving of the College at Reams, nor would he have suppressed the Lectures of the College at Douai, whereby in short time, through the discontinuance of the study, and practise of school divinity, we shall have no one of our secular Clergy fit to read, or grounded in the faculty, but all esteem and helps that way, must come from the jesuits, a great honour to them, and dishonour to our Clergy. Further if Father Parsons affected to have our Seminary Priests learned (a thing more requisite in the secular, then in the Religious) neither he, nor any other jesuit-rector of the Colleges, would send away the young Priests (if they resolved not to be jesuits, or did not show themselves zealous for them) before the finishing of their whole course. Neither would they upon dislike, turn sufficient able wits for the study of school doctrine, to positive divinity. In few words, if the credit of secular Priests, or the good of many were sought for, and not rather the drawing of all things to the jesuits more special reputation and advancement, how could Father Parsons, and some other English jesuits, make a Monipolium, engrossing all things into their own hands, so much as no Priest in our country, can send over his friend (how perfectly soever he know him to be fit) to any of the Colleges, except the jesuits be the mean and doers thereof, or one other, whom they most absolutely direct, or rather rule, as the master doth the servant? Undoubtedly this was not the custom whiles good Doctor Allen was Precedent, nor yet whiles he lived Cardinal: and if such policies, and seeking to sway all things (this latter being a demonstration of highest ambition) do long stand, or redound to the author's credit in the end, many are mistaken, who rather fear these sayings of holy scripture to be thereby the sooner exemplified: Comprehendam sapientes in austutia eorum, & deposuit potentes de sede & exultavit 
1. Cor. 3. Luke 1.  humiles: God will comprehend the wise in their own wiles, and put down the mighty from the seat, and exalt the humble.  
another thing, which the Author of the apology objecteth against 
Fol. 99  me in particular, and whereof our Archpriest also would make 
In his Letter to me undated, beginning, Sir, I admonish you to reflect, etc.  a hard prognostication, is for that I had left the religious order of the Carthusians. No doubt they carry a good will to discredit me, and the term, scope, drift of the exception, do make it evident. Yea, some of their special favourites (whom I can name) have so earnestly laboured to wound me for this cause in the conceits of my best friends, as they have spared no persuasion to withdraw their affection and good opinion from me. The apology affirmeth, that Master Much returning 
Vbi supra.  into England, and the Cardinal soon after dying, he joined with an other of his own humour, that had left an other religion, namely the Carthugeans, and they two with some few other determined to make a new Hierarchy of their own, calling it an association of Clergy men with two Superiors as it were Archbishops, the one for the South, and the other for the North. The untruths that abound in the Apology, are very many, equal to the number of the leaves, or perhaps of the pages, if not exceeding either. Amongst which rabble, the passage recited, hudleth up four fails in one. For neither did Master Much after his return into England join himself with me, neither did we two with some few others, determine to make the Hierachie mentioned, and less to make the same with two Superiors, and least of all, to make these two Superiors as it were Archbishops, the one, for the South, the other for the North. The falcitie of every member of this quadrible avowance, appeareth manifest in this only, for that I never saw Master Much nor he me, nor had any conference each with other by letters, or messengers after his arrival from Rome, until some fortnight before the coming over of his Holiness Breve in confirmation of the Archpriests Authority, more than twelvemonth's after the first institution thereof. So that, neither seeing Master Much, nor having any correspondence with him, nor he with me, during the whole time that the association was in speech, nor in many years before, how can it be said with any truth, that he joined with me, or that we two determined to ordain a new Hierarchy with two Superiors, & these to be as Archbishops? Further, so many as ever heard me talk of the sodality, or association intended, knew that none in England more misliked the making either of two Superiors, or of certain other ordinances than myself, and therefore the error was very great in affirming that we joined in that, wherein we were most contrary. But to let these pass, and come to the main point.  
I confess that I verily thought to have been a Carthusian, and was in probation with them full near eleven months: I acknowledge further, that I resolved on that state of life in the exercise under father Cullume the jesuite then resident in Lovane, when I was about some three or four and twenty years old. But what, did I ever make a vow of religion, or was otherwise obliged by any law of God, or man, to continue that state? No, my upbrayders, nor any other whosoever can say it. For what cause then do they lay this as a reproach unto me? Was my conversation misliked during my being with them, or was I put from them? I hope none will be so impudent as to aver it, there being some living at this day, who can witness that the Prior was heartily grieved for my departure. What then was the cause why I did not continue? I may allege sickness, for that I was long sick in the order, and so remained after, till I was Priested, and returned to England. Likewise I may allege a mighty oppression of sleep, not removable by any means that could be wrought or thought on▪ But neither of these impediments moved me to leave the order. I could never learn to sing nor tune six notes, although I had during my stay with them, the change of six teachers, so little willing was the Prior and the Covaunt to leave me. Father Slade, one that had been of the Queen's Chapel, & taught the Countess of Oxford to sing, was my last teacher, and who after long pains and trial, delivered my unaptness to the Prior in these terms, That he could teach a Cow to bellow in tune, as soon as me to sing in tune.  
Further, my state of body, and unaptness to sing was such, that two of the Signior Monks of the house, advised me to content myself with an other state of life, namely, to take Priesthood and go into England: Yea, Father Cullume who was privy to all the motions that induced me to make choice of the Carthusian life (which was chiefly my impediment of speech, for that I thought myself thereby fit for a contemplative, than an active life) wrote me a Letter, persuading me (understanding the difficulties I traveled in, by relation of others, and not from myself) to come forth, and betake myself to some other state of life.  
Now this being the truth, what cause hath father Parsons, or our Archpriest to twit me with leaving the Carthusians? Verily if father Parsons were the setter down of this exception against me in the Apology, and that the same was not added to the copy by father Garnet or Master Blackwell (the overseers of the work, and unto whom father Parsons gave authority to add, and detract what they thought good therein) I wish that he would remember the speeches which himself used to me in Roan, and thereupon correct his bad nature. For there, falling in talk with me after my banishment, he told me, he understood, that I had some motion of entering into Religion, a course which he thought not good for me, because he had learned how much I was inclined, and cumbered with melancholy, and therefore advised me not to change my state of life. So that for him to except in so spiteful a manner against me, for not persevering in that state of life, the like, which himself dehorted me from, and gave his reason for the same, argueth both the want of good nature in him, and of honesty. But their anger being showed, let us see how Divines, and the Canonists censure the case. Saint Thomas 
a 22 q. 189. art. 4. ad 1m.  writeth, Melius est intrare religionem animo probandi, quam penitus non intrare, It is better, or of more merit, to enter into religion, with a mind to make trial thereof, than not at all to enter. Which if it be true, as no approved author denieth, then why doth Father Parsons, Master Blackwell, and some other of their complices, impute my fact a fault unto me, when Saint Thomas (received of all men in the same) preferreth the doing before the omission, or the not doing thereof. If they reply, that they do not blame, or upbraid me for making trial, and entering into religion, but for that I did not remain still in it: I ask them, what they count my discontinuance? sin, or no sin: and if sin, what sin? Pope Gregory the eight defineth the question in this sort 
b Ca statuimus de regul.  Statuimus novitios in probatione positos ante professionem emissam, ad priorem statum redire posse libere infra annum: We decree, that Novices in their probation, before they be professed, may freely return to their former state within the year. Freely, that is, as Panormitan 
c Ibidem nu. 2.  and 
d Verbo. reiigio. 5. nu. 8.  Silvester expound the word, sine licentia petita ab aliquo, without ask leave of any one. And Caietane 
e In 22. q. 189. art. 4.  writing of this point, saith, Annus probationis à iure conceditur cum libertate exeundi sine aliqua causa, The year of probation is granted by the law with freedom to go forth without rendering of any cause. This, without all question, is most true in the exterior court, and in face of the Church; but how doth the same hold in the tribunal of conscience, and before God? Saint Thomas 
f Vbi supra ad 2.  averreth, Quod ille qui religionem ingreditur si exeat ex rationabili causa, facit quod est licitum ei facere: That he who entereth into religion, and goeth out again upon a reasonable cause, doth that is lawful for him to do. And Silvester 
g Vbi supra.  writeth somewhat plainer in that case, Qui solum proposuit perseverare non vovendo, potest intra annum ad saeculum redire, de iure quo ad ecclesiam, & sine peccato quo ad Deum, si redeat ex justa causa: Who only proposeth to persevere in religion without vowing it, may within the year lawfully return to the world, as far as concerneth the Church, and without sin before God, if he come forth upon a just cause. Nor is the act of such his coming forth scandalous, as both 
h Vbi supra.  Saint Thomas and Caietane testify, and the later of the two teacheth further: 
i Ibidem.  Ingressus religionem si ex sola libertate retrocedat, venialiter tantum peccat. He that entered into religion, making no vow thereof, and afterwards goeth out again upon no greater cause then for that he hath a will thereunto, sinneth no more than venially.  
Now it only remaineth to know what is a reasonable and just cause, sith no Divine but holdeth, that it is lawful for any Novice during the time of his probation, to alter and discontinue his purpose, of being religious, upon a reasonable and just cause. 
k Vbi supra.  Saint Thomas, Caietane, Silvester, and others, give debility or weakness of body for instance of a just cause. Which if it be so, as I think my discreditors will not gainsay, than the same cause concurring, as it did in amplest manner, in respect I was not only some months sick in the order, but so continued a year and more after, and did not recover, until I had been some while in England. Yea it was misdoubted, lest my disease, being an ague with a swelling, and voiding blood at my mouth, would in short space have ended my life, if I had continued fish diet, as of necessity remaining in the order, I must have done. Nevertheless, neither this, or any other weakness, or mightiest oppression of sleep, was the chief cause, whereupon I left the order, but my unaptness, or truer, the impossibility, I traveled in for ever, learning to sing, was that, which most of all discomforted me to tie myself, because being professed and Priested, I was bound by the rules of the religion, to sing Mass, when my week came by turns, and lightly some verse alone, which I could never attain to. This was the principal let, this the cause, which I took, and so did Cardinal Allen of good memory, Doctor Stapleton, Father Cullume, with others, to be a most reasonable and just cause, or rather an enforcing compulsion of leaving that holy and most religious order. The Apostle 
Rom. 11.  writeth, Quis cognovit sensum Domini? Who hath known the purpose of our Lord? I hope he inspired the motion whereupon I made the trial, and I trust also it was not against his good pleasure nor ingratitude, or inconstancy in me (finding myself unfit to proceed) to leave the same, after trial and experience made of my disability. To conclude, whatsoever my upbrayders are pleased to write or report of me, I would not for a million (looking upon the inferior and second causes of things) but that I had changed my purpose, considering that by my return into England, my father, brothers and sisters became all Catholics, which morally otherwise, was unlikely, and most of them have sithence endured imprisonment for the cause, and my father ended his life in Gloster ioale for the same. Again since that time, which is now seven and twenty years past or thereabouts, I have felt that encumbrance of melancholy, as God knoweth, what effect it would have wrought in me, if I had been sequestered from company, and lived a solitary contemplative life: Whosoever therefore doth, or shall mislike me, for that I left the Carthusians order, I hope to bear his, or their adversions with patience, if not with contentment.  
Thus having yielded the reasons of our delay, and answered all the objections of moment that our adversaries allege, we surcease, submitting the whole to the censure of the Catholic Church, and heartily desiring the Reader to inform himself of the truth without partiality.    
FINIS.   

Faults escaped in the Printing.  
Page 25. line 30. for attentive, read attentative. page 48. line 35. for we, read well. page 82. in the margin, for 80. read 70. page 64. in the margin to the cotation out of S. Leo, add in episto▪ decret. 84. ca 5. page 77. line 27. for one, read our. pag. 108. line 14. for Ireland, read Scotland. page 110. line 37. for take vigour, take that vigour. pag. 117. lin. 21. for ignorant inference, read an ignorant inference. pag. 123. lin. 30. for their superiors, read the superiors. pag. 149. lin. 27. for Blackwell our superior, read Blackwell to our superior. pag. 160. lin. 9 for highly you esteem, read highly soever you esteem. pag. 161. lin. 18. for which followeth, read which follow. pag. 179. in the marginal note the tenth of November, read the 7. of March. page 184. lin. 5. for his revenge, read his reverence. pag. 189. line 3. for other read oath. page 204. line 34. for peccata causa, read peccati causa. pag. 216. line 17. for this addressed, read this address. pag. 218. lin. 38. for cum suis, read cuiusuis. pag. 232. lin. 27. for his writings, read his inciting. pag. 239. lin. ●4. for yea, read yet. pag. 249. in the marginal note, for this, read their. pag. 256. lin. 17. for hath, read have. pag. 272. lin. 7. for assistance, read assistants. pag. 280. lin. 34. for composed, read composer. pag. 293. Harum literarum etc. should be put after the latin Letter on the other page. 292. Of other faults, we desire to be his own corrector, and to mend the ill pointing in some places.