A IVST DEFENCE OF THE SLANDERED PRIESTES :

Wherein the reasons of their bearing off to receiue Maister Blackwell to their Superiour before the arriuall of his Holines Breue , are layed downe , and the imputation of disobedience , ambition , contention , scandall , &c. is by able arguments and authorities remoued , the obiection of the aduerse part sufficiently answered , and the Popes sentence in the controuersie truly related .

By Iohn Colleton .

MAny can witnes ( deerely beloued in our Sauiour ) how willing I was to surcease , and did in deede breake off , when I had composed the one halfe of the treatise ensuing , holding then , the proceeding therein a labour and charge needlesse , because foure of our brethren were going to Rome for his Holines decision , and end in the controuersie . But in this suspence of minde , and intermission of the worke , our Arch-priest on the 26. of Ianuary last , promulgated the Popes Breue of the 17. of August next before , after he had kept the same three months or longer in his hands , as it is sayd . In which Breue , both we were demaunded what cause we had , why we did not obey the Cardinall Protectors letters erecting the subordination , & iudgement therein giuen : That doubtlesse , we ought to haue obeyed , and admitted the authoritye . Which demaund and iudgement , beside many other places in the Breue , were euident arguments vnto vs , that the same was graunted vpon wrong information , and a a Ca. si 15. de fil praesb . li. 6. & ca. si motu proprio de praebend. li. 6. consequently of no sufficient force to bind . For had his Holines or the Cardinall Praefect of the Breues , bin truly informed of the case , neither his Holines , nor the Cardinall would without peraduenture euer haue made such a demaund , or giuen like sentence against vs . And as litle would either of their sacred persons , haue omitted to comprehend the Iesuites vnder the censure of the Breue , or letted to reproue their fault , had they knowne that the Iesuites were the prime authors , the only stiffe maintainers , and reuiuers of the crime against vs . Moreouer , at the very time of the promulgation of the Breue , there came forth first the Apollogie and then the Appendixe with licence of our Archpriest , as written by the vnited Priestes in due subordination vnto him : books that most sharply inueigh against vs , for not receiuing the authoritie at first , vpon sight of the Constitutiue letter . For which causes , and for that sundrie persons of good place , haue of late affirmed , that Fa. Lister could and would defend his position of our schisme against any scholler in the world , and also because certain ▪ fauorites of the Iesuites hold opinion , that the Breue doth not cleere vs from schisme , but leaueth it doubtfull and vndecided ; and finally , for that some of their most deuoted , are so ful spirited , as they sticke not to report , that the cause why the Pope declared in the maner he hath done for vs , was not for that our cause was iust , but vpon a prudent consideration of not giuing discontentment to the king of Fraunce and our State : I say for these causes and some other like , & to giue satisfaction to all parts , who vpon anie of the former grounds or colours haue conceiued amisse of it , I thought it my bounden dutie ( especially my brethren most earnestly importuning me ) to resume and finish the poore labours which I had begun and layd aside .

When the Cardinal Protectors letters were shewed vnto vs for institution of the authoritie , we tooke our selues vnbound , before God and man , to subiect our selues thereunto , his Grace not sending with the Letter Constitutiue any rescript of his Holinesse , or other Canonicall testimonie for proofe of such his iurisdiction in our countrey : and we rested the more confident , and secure in this opinion , both in respect it appeared most manifest vnto vs , that the authoritie was procured by false suggestion , and by a man much disliked of our Prince and state , and who sought to rule & command our Clergie : and also for that it was propounded vnto vs by M. Blackwell with apparant falsities , and with orders directly tending to tyrannie , namely that we should not discusse the Protectors authoritie , nor the institution of our Superiours , nor make any secret meetings for aduising one the other , when as the condition of our state embarreth vs to meete publikely , nor write letters to any beyond the seas , without his priuitie . For these reasons , and for that the authoritie it selfe was most strange , neuer heard of in the Christian world , meerely penall , without mixture of any benefite to our selues , Church or countrey , of most absolute soueraigntie , without tye in the proceedings to any forme of law , other then the arbitrarie pleasure of the Archpriest : and the receiuing of the sayd authoritie , ( the same being a superiour prelature ) expresly , and vnder heauie penalties forbidden b b Ext●●u . Iaiuncl . c. Bulla 2. Iulij 2. & Iulij 3. constit . 34. by the constitutions of holie Church , except the partie preferred thereunto , do shew the Letters of the Sea Apostolicke ( such as the Cardinals were not ) for proofe of his promotion .

Notwithstanding all these exceptions and iustifications of our bearing off to admit the subordination : we neuerthelesse offered to obey Maister Blackwell in the meane , though not to receiue him to our Superiour , till such time as the Pope should make forth his Breue , or otherwise confirme him in his place , and likewise protested vnder our hands , that no sooner should any such Breue or confirmation appeare , but that it should find vs readie most absolutely to receiue the authoritie . But this was not deemed sufficient , nor ought could satisfie , but our present submission . Which because we deferred to make , and did not yeeld to acknowledge him for our Superiour vpon testimonie of the Cardinals letter , father Lister diuulged his condemned Treatise against vs ; his Superiour father Garnet , and M. Blackwel approued the same . They taught , that our company was to be shunned : that our faculties In Fa. Listers treatise , and in Fa. Garnets letter of the 7. of March . were lost : that our selues were excommunicated : that none vnder mortall sinne could inuite vs to say Masse : and those that did participate with vs in Sacraments , made themselues also partakers of our wickednesse . Which inflaming matter of dissention , and vntollerable reuiling against vs , lasted some moneths : and when at last the Popes Breue arriued , we were content notwithstanding the sharpnesse of the premisses , to forgiue all for peace sake , and receiued the Subordination in as large maner as it was proposed .

Presently vpon this atonement and remission of the former defamations , Father Iones raised another paradox , farre more strange and absurd then that of Father Listers , and our Archpriest soothed it to be true , vidz . that whosoeuer did stiffely maintaine , that we had not incurred the crime of schisme by the prorogation of our refusall to receiue M. Blackwell for our lawfull Superiour , he himselfe 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 receiued from our mother citie , declaring the refusers of the appointed authoritie were schismatikes , and commaunded that none should absolue vs in confession , vnlesse we did first acknowledge so much , In his Letter to Master Clearke . and likewise menaced , that if we did perseuere in the contrary opinion , he would deale with vs as a Prelate for appeasing the same . Vpon which order , and threate of our Archpriest , and as well for satisfaction of our ghostly children , as to make a finall end of the controuersie , we offered to dispute the question with the Iesuites , the authors of the Calumniation : but being denyed this iust request by our Archpriest , we sent ( compelled thereunto ) to the Vniuersitie of Paris , with humble petition to that venerable companie of the Sorbons , that they would vouchsafe to deliuer their opinion & censure in the case . Who freeing vs from schisme and all sinne in the nature of the act , our Archpriest made foorth eftsoones a decree , prohibiting 29. of May 1600. vnder grieuous penalties either directly or indirectly , the said censure of the famous Vniuersitie . And within short time after , his 18. of October . 1●00 . Reuerence published another decree , wherein he by vertue of his authoritie iudicially declared vs to haue bene truly disobedient to the Sea Apostolike , and rebellious against his office , for not admitting the subordination at first , and forbad vs vnder present losse of all our faculties , and of being ipso facto suspended and interdicted , neither to presume our selues , nor any other for vs , to defend our former disobedience any maner of way by word or writing . Yea his Reuerence enacted further in the same decree , that we ( as §. 5. if we had bin boyes in some Colledges vnder the Iesuits , and that it behoueth also , that some iealousie were cast abrode of our demeanure ) should not haue any secret meetings , or communication together , saue such only as tended to the increase of pietie and hospitalitie , or of humanitie and peace . A law of that qualitie , notwithstanding the smooth pretext , as the christian world neuer heard the like to be made for Priests and Pastors , sent by the sea Apostolicke for reducing others to the Catholicke faith . By which , and some other of our Archpriest his decrees following in the discourse , the reader may iudge , both what an vnworthy and seruile bondage he and the Iesuites , ( whose counsell , or direction ) he exactly followeth in all things ) haue , and would more , of all likelyhood haue brought vpon vs ere this day , if we had not appealed and wrote to his Holines , and also whether there remayned any other refuge vnto vs then to appeale and try the accusations before that Tribunall , vnto whose iudgement both they and we must stand .

Further , we haue seuerall times sued for peace at the hands of our aduersaries , euen vpon vneuen conditions : namely , before the first Breue , before and after our appellation , and before our brethrens preparation to Rome : but they of the other side euermore reiected all our offers , nor would accept of any conditions , wherein our vtter discredit , and their victory ( though in vnrights ) should not appeare to the world . The holy Ghost writeth , and the words are true as well Eccle. 41. touching the spirituall as carnall parent : the children complaine of their wicked father , because they liue in reproch for him . And S. Thomas c c 22. q. 73. art 4. ad. 1. & quodl. 10. q. 6. art 13. with all other schoole Diuines teacheth , that a man is bound to defend his good name , when the wrongfull deprauing thereof turneth others to detriment . Likewise the same Doctor d d 22. q. 72. art. 3. c. writeth , that one may be bound to purge his good name , euen in respect of doing good thereby to the defamer , viz. when through the checking and repressing of his boldnes , the party is learned to be more wary and temperate . Which is also the commaund of holy writ , answere a foole according to his foolishnes , least he seeme wise Proverb. 26. to himselfe .

We trust by the litle which is said , that both the necessitie , and iustnesse of our defence appeareth : & so much the more , by how much the wrong testimonie which our Archpriest lately gaue on the ninth of May 1602. concerning the Popes declaration in the matter of our imputatiue schisme , rebellion , and disobedience , was iniurious vnto vs , in that his Holinesse cleering vs of the three foresaid crimes , M. Blackwell in a publike Letter vnder his hand and name , denieth the same , and maketh his Holinesse and the two Cardinals , Burgesio and Arragone to speake much otherwise : yea his Reuerence in an other Letter bearing the same date , & addressed to the Priests of our countrey , reneweth all his former decrees and prohibitions , continuing the censures & penalties before annexed vnto them . Whereby , if the like oppressions , exceeding the boundes of his iurisdiction , and contrary to the law of God , nature , and man , ( as is proued in the Discourse ) did or could bind , alas what infinite turmoile and harrowing of consciences do follow , when so many Priests of the Realme were suspended , and depriued of their faculties , from the first time , In his decree of the 17. of Ianuar. 1599. that they either diuulged any booke set out since the yeare of our Lord 1597 , by which the fame of any clergie Catholike person of our nation may be hurt by name ; ( of which quality the Treatise against the factious , the Apollogie , the Appendix with some other , must needes be accompted by the selfe 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 Vniuersity of Paris : or presumed in like maner to defend their disobedience to the Sea Apostolike , and rebellion against the office of the Archpriest , who did not at first subiect themselues to the Subordination , vpon the arriuall of the Cardinall protectors Letter Constitutiue . Which seuerall Decrees , each of them bereauing the offender ipso facto from all his faculties , haue ( if they be of force , as our Archpriest now againe the 9. of May affirmeth they are ) so intangled the Priests , as of likelihood few , or not many , retaine their faculties , and consequently , their penitents bound ( ô the perplexitie and horror ) to iterate their confessions made since that time vnto them .

Father Parsons shewed his nature , when plotting the authoritie , he made the taking away of faculties the branch of the Archpriests iurisdiction , and our Archpriest in my opinion , could not deuise a more pregnant meane , howe to disquiet the spirituall repose of thousands ( a thing which Prelates should most of all shunne , as being most oppositely contrary to the end of all Ecclesiastical lawes ) then to annexe the losse of faculties to his Decrees in the maner he hath . Nor can I conceiue the reason why his Reuerence at this time reualidateth and inforceth the penalties of his Decrees , sith he hath often annexed vnto them the censure of Interdict , a power which is not expressed in his authoritie , and which if he do take , as he saith he doth , à iure communi , in that he is constituted Archpriest , then were the sixe Assistants very vnaduised , and whosoeuer gaue allowance thereunto , in writing to his Holinesse Nuncio in Flaunders , for his Grace to be a meane to Cardinall Fernesio our Protector that the Archpriest In their Letter of the 2. of May 1601. A charity well sorting with their most sclaunderous information . might haue authoritie from the Pope to excommunicate some foure or sixe of the maister ringleaders of the faction . Because if he haue authoritie à iure communi by vertue of his e e Nauar in ma. ca. 27. nu. 159. & 168. office , to suspend or interdict , he hath also authoritie to excommunicate . But these points are treated in the Discourse at large , where I hope the Reader shall find enough to acquiet all scruples , that may this way arise . For taking leaue , we heartily request the Reader , and our fellow brethren chiefly , to peruse our Reasons and proofes with indifferencie , and as their vnderstanding shall then direct , so to speake for vs in places where they heare truth and our actions expugned .