Your first anb cheifest autority is deriued from the very head and toppe of all autority . The .1 . obiection of the Popes dispensation You say that the heife pastour of Gods Church hath approued the fact hath he approued it ? and how I pray you ? by dispensation , or definition ? hath he defined it Excathedra to be lawfull in it selfe , neither contrary vnto the law of God , nor vnto the positiue law of the Church ? or hath he supposing it to be only against the second , as one which is the steward of Gods family , dispensed herein ?

Now for the dispensation : That the Pope hath not dispensed . I see not how if ther were any , it could auaile you , considering the danger of dispensations from Rome in our countrey : and that although you would neuer so carefully conceale it , yet you might hereafter be put to your othe , whether you went to the Church vpon any dispensation or tolleration from Rome , or no. But let vs scanne the truth of this dispensation . When was it graunted ? by whom ? in what forme , or maner ? how passed it the Alpes , without our priuitie in these countries ? why are not the Preistes there with you made priuy thereunto , considering that the * * Mal. 2. lippes of the Preistes doe keepe knowledge , & men must require the law out of their mouth ? what subordination is there kept , when such things are sent vnto lay-men and not vnto the Pastours & teachers of your soules ? why doe we not in these countries informe those which come out of the Seminaries of this enlargement ? must a few vnlearned , timerous , inconstant lay-men ( and such as your selfe are for I meane not all ) be the Popes Agentes in so waighty matters , to haue the diuulging of them in the Realme ? But how began the Pope so lately to tender thus prouidently your distresses ? and how hard harted haue his predecessors bene all this time , who haue not considered them ? was Gregory the 13. whom both for corporal & spiritual prouision for our countrey , we may worthely call an other Apostle of England & heire vnto the first of his name , not only in his seate , but also in his affections : way that great Patrone , so kind vnto our nation that he would oftentimes weepe at the hearing of our miseries , only in this point vnkind ? or did he with all his learning , in which he excelled , forget his authority in this one point ? Bring forth the letter , the messenger , the reporter of his owne knowledge of this new graunt : which if you cannot ( as I am most sure you cannot ) then as I saide vnto you before out of the Prophet Hieremy , that you haue taken hold of a lye in your erroneous proposition , which you maintaine : So doe I now say that you haue taken holde of an other lye to proue the former , and such a lye , as vpon my conscience is as long as betweene you and Rome , as broade as the way thither , whether you goe by Sea or by Germany , ioining therunto all the space in the middest : And finally as loud , ( as if lies may be hard farther then true tales ) it may be heard from Westminster hall to the Popes Consistory . So that plainly to deale with you , I will not say you haue deuised , for I know your nature too well : but in ouer much credulity you haue taken hold of a long , large , loud lye : although it pleased one in cheife autority of late to reporte that such a dispensation was graunted for men and not for woemen , who surely hath bene also too credulous : for it did not beseeme his place or person for to lye .

Now for any definition of the lawfulnes of the acte : The Pope hath not defined it as lawfull . I say the very same , which for the dispensation . And besides , for them both I adde , that it was neuer heard of in any age , that the Pope did define or dispense in a thing which hee had no Diuines to maintaine . It may be that he define a thing which hath bene doubtfull among Diuines , The Pope neuer defineth or dispenseth , contrary to common doctrine of Diuines . or that he dispense in a thing which some affirme ; others deny to be dispensable , as we know he practiseth in dispensing in some kind of matrimony : But this is such a point , so necessarily deduced out of Gods word , so confirmed by the practise of all ages , so resolued in all learned mens iudgements of the world : that I assure you , whosoeuer taking vpon him the name of a Diuine , should propound it as a doubtfull or disputable question ( I meane practically , and not onely as to exercise mens wittes , in disputing of very resolued cases : ) in any vniuersity of the world , he would be hissed at : much lesse it is to be thought that the Pope would dispense in it .

Yea this I say vnto you and am most assured of , The Pope cannot dispense in this case . that although this point of going to the Church with heretickes were only by positiue lawes forbidden ( as vndoubtedly it is of the owne nature and by Gods law vnlawfull , as shall be shewed hereafter ) yet the case so standeth in England that he can not dispense in it . For the action of going to the Church , going to the Church is exacted for contempt of Catholicke religion : & therfore ( beside many other reasons ) indispensable . is alwaies exacted in contempt of Catholicke religion , as appeareth both by the vsages of those poore soules which in some partes before the late Commissioners relenting , were with singuler despite and barbarous vsages by the officers driuen to the Church ; and also by the ordinary submission which at the Assises diuers haue pronounced , when they haue become conformable , wherin the principall pointes of Catholicke religion are renounced . So that I know who purposely comming to the Assises to submitte him selfe , by hearing his fellow before him to make so shamefull a protestation , which also very contemptuonsly some are like grammer schollers commaunded to repeate againe , as not hauing pronounced it well , or not spoken loud enough : this man , I say , perceiuing more to be exacted then he had stomacke to beare withdrew himselfe and abode the aduenture of the law . And although all which yeeld to goe to the Church doe not make this submission : yet hereby may we see that the intent of going to the heretickes seruice , is so to obey the Prince , that Gods Church and autority may be contemned .

Now therfore the Pope cannot dispense in the breach of his owne law , The Pope cannot dispense in the contempt of his owne lawe . when it is exacted in contempt . For than is not his owne law onely broken but also Gods : who saieth , * * Luc. 10 he that despiseth you despiseth me . So that if the Pope hauing excommunicated one of those Emperours with whome he had in times past so great contention , should fall into the said Emperours handes , and the Emperour should say vnto him , thou hast excommunicated me & therfore to Preist will say Masse in my presence : But in despite of thee I will make thy selfe say Masse before me . In this contempte although the Emperour be excommunicate only by the Popes own decree : yet if the Pope celebrate , he sinneth mortally . Euen so although this were a positiue law of not going to the Church with heretickes , yet if you be commaunded of purpose to doe contrary vnto such law : by doing it , you sinne mortally ; neither can the Pope dispense that his owne autority be had in contempt . This is the common doctrine both in matters of excommunications , * * Caiet. ver. contem . & verbo . In Festo licita . which are positiue , and also in working of holy daies , with also ( at the least besides Sonday ) are positiue . So that although vpon necessity one may worke vpon such a daye , yet were it a mortall sinne , if euen with danger of death he wrought at his Lords commaundement , for despite of the Church or contempt of that particuler law . And the like is in diuerse cases .

Now against all these autorities which you see notwithstanding how they be either rotten or coloured and painted with a counterfaite shew , That going to heretikes seruice is against the autority of all learned men of our age I oppose ( that I may now saye nothing of auncient times in which you will deny perhappes that your estate was fully resembled ) I oppose I say moste true and reuerend authority of most singuler men , which haue florished in our owne age , and most perfectly vewed and examined our owne cause . First the 12. The Councell of Trent . Fathers of the Councell of TRENT whose learned iudgement in this point is yet extant . Neither ought it to be called in to suspicion because it was not generally set downe . For both there are sufficient witnesses aliue for the verity therof , and it was our owne suite to haue it done couertly , and perhappes it was a question vnworthy of publicke discussion , none but a few timerouse Catholickes of a small corner of the worlds calling it into doubt . For in hereticks iudgementes against whom the Councell was gathered the case was most cleare & euident : that a man may not go to the congregations of a contrary religion , and other very waighty matters were put ouer to diuers Deputies : as the correcting of the Missall and Breuiarye , the censure of bookes forbidden , the ouerseeing of the text of scripture , the making of a Cathechisme for Pastours and other like . And finally the iminent death of the Pope caused them to leaue vnfinished many other matters of our faith , as may appeare to who-soeuer considereth the wholle course of their decrees .

Secondly I bring the autority of so many Reuerend and learned Bishopps and Prelates , The auncient Clergies doctrine & example with the example also of the Laity . as at the beginning of this schisme did both refuse themselues ; and induce others to refuse such participation with heretikes . For all the world can very well testifie , that from the very begining there haue bene diuerse lay-men who haue refused . and it is a childish distinction of say that those first Reuerend Fathers thought that to go to the Church was lawfull for lay-men and not for the clergye . To this I add that one of them wrote a learned booke of the same argument : and when they beganne more dilligently to looke into the matter , they admitted none to Masse or Sacraments which did not fully determine to auoide the prophane conuenticles of heretickes . And if they were before vnwilling to publish their iudgement herein , either it was for feare of the seculer power , or least that the common people whose sinne before had bene excusable for their ignorance , should notwithstanding the knowledge of the truthe herein , goe forwarde in theire vnlawfull course vnto farther damnation in which case charitie bindeth vs to omitte correction of our brothers faulte . Or if there were some more fearefull then others who allowed this action , we must consider that perhapps they were of that number , which not long before in King Henries time , in matters of greater moment had shewed greater infirmity .

Thirdly of those which for the confession of theire faith did leaue their countrey : The banished Doctours and Diuines . certaine it is that not one was doubtfull in this question : that you may see this to be no Seminary resolution . For one of the most principall of that company in the preface asa booke yet extant of Images , doth so fully and learnedly discourse therof , that a sincere vnderstanding can require no more . And this ener since the yeere 64 which is almost 30 yeeres since . And he complaineth not a litle of the foule ouersight which was in the clergy , not to controle at the first so vnlawfull an action . Of my knowledge also was he wonte to blame his owne and other Preachers negligence , who in Queene MARIES time not fearing any such alteration as we since haue proued , did not forewarne the people of their duety in such accidents . The Colledges of Rome and Rhemes .

Last of all I adde vnto these the whole Colledge of Rhemes & of Rome , and all those vnto whom the managing & gouernment therof doth appertaine , their bookes and writinges in so great number , the wholle multitude of Preistes and Martyrs which haue come from thence : Preistes and Martyrs . So many deuoute and constant lay-men either Martyrs or otherwise : All which no doubte beeing guided by the holy ghost , who dwelled within them , could not but looke into the distressed case of so many weakelings , so many woemen and children , so greate families : as easely with this new doctrine might haue bene relieued . Thus therfore all your autority is ouerthrowne , neither can you bring any thing to allowe your action , but the temporall lawes of our countrey : which in this case ought to beare no more sway for the crediting of the new religion professed in England , then in times past the decrees of the Turkes for the reuerence of their Mahomet : it being of olde condemned * * Silu. verbo Apostasia . §. 4 & haero sis primo §. 9 as an action of infidelity , to kisse for feare the tombe of Mahomet , though farre against the inward consent .