Records Volume 41: Letter of Thomas Fitzherbert

Publications of the Catholic Record Society

GENERAL EDITOR

FR ALPHONSUS BONNAR, O.F.M. , D.D.

Vol. XLI

The Catholic Record Society was founded 10th June 1904, forprinting Registers and other old Records of the Faith, chiefly personal and genealogical, since the Reformation in England and Wales

LETTERS OF THOMAS FITZHERBERT

1608 - 1610

COLLIGIT PERCANT FOUNDED

EDITED BY L.

HICKS, S.J.

BY JOHN WHITEHEAD & SON LTD, LEEDS

This

Volume is Jssued to the Dembers for 1941-42

LETTERS OF FATHER THOMAS FITZHERBERT , 1608-1610

EDITED BY THE REV . L. HICKS , S.J.

Late in 1946there was discovered at Milton House, Berkshire, the home of the Barrett family, a box containinga numberof manuscripts. Fortunately, Fr. F. Philips of Abingdon happened to be on the spot whenthediscoverywas made ,andrealisingthattheremight bevaluable materialfor the history of the Churchin Englandamongst these papers, he inspected them with the greatest care and found, besides other documents which need not concern us here, nineteen original letters of Fr. Thomas Fitzherbert, and thirty-three of Fr. Robert Persons, S.J.1 Thanks to the kindness of His Lordship the Right Rev. J. H. King, whose keen interest and scholarlywork in historical investigation concerning our Catholic forefathers is well known, I was able to take copies of these documents, and it is to his permission and the facilities he afforded that the editing of these Fitzherbert letters is due. Most ofthem ,itis true, have alreadybeenpublishedbyCanon Mark Tierney? from the copies made by Dodd from these manuscripts , when they were still preserved at Douay3 ; but Tierney omitted whole sections of the letters, though copied in full by Dodd; and apart from this , his method ofediting, thoughpassable, it may be, for his time, leaves much to be desired accordingtomodernstandards Hence it has beenthought advisable toprint the letters anew in full, retaining the original spelling and punctuation. To those discovered at Milton House there has been added one from the archives of His Eminence the CardinalArchbishop of Westminster, to whom thanks are due for permission to publish it, together with the document concerning Dr. Smith's agency in Rome from the same archives A photograph of another Fitzherbert letter, that to Pope Paul V, was obtainedfrom the Vatican archives, and is here printed, as it is of the same period and treats of the same matters as those discovered at Milton House. Two letters of Dr. John Bavant, whois mentionedmore than once by Fitzherbert, have been appended. They concern the questionwhetherit was expedientto create bishops for England during the time of persecution , and illustrate a point of view to which reference is made in the letters both of Fr. Fitzherbert and of Fr. Persons, and to which little, if any, attention has been paid by our ecclesiastical historians

A few words about the writer of these letters may not be out of place Fr. T. Fitzherbert was one of the most noted Catholicsof his time, grandson of the distinguished lawyer and judge, Sir Anthony

1 The letters of Father Persons discovered at Milton House will be inserted in theirchronological order in the edition of his letters ofwhichthe first volume has already been published by the Catholic Record Society. With the exception of three, these letters all refer to the same yearsasthose here edited of Fitzherbert

2 They are printed in the Appendix to the fifth volume of his edition of Dodd's Church History of England

3 How these manuscripts found their way to Milton House has not been discovered It may, however, be suggested that they were brought there when the Douay archives were removed from France at the time of the French Revolution

4 Attention is called in the footnotes to all the passages of the letters omitted by Tierney Comment has been made on onlyone or two of these omissions But it is essentialto studythem all as well as thosein theprinted version of Persons's letters to obtain a just appreciation of Tierney as an historian

INTRODUCTION

Fitzherbert of Norbury.5 Already as a young man he gave evidence of that ardent faith which characterised his life throughout, openly professing his Catholicism whilsta student at Oxford in the first decade of Queen Elizabeth's reign, and suffering imprisonment for it. At Oxford, too, he became acquaintedwith Edmund Campion, and when asa Jesuit Campionreturned to Englandwith Fr. Persons, Fitzherbert joined the band of young men who gave the two missionaries such powerful support It was to him that Persons assigned the task of verifying the numerous quotations from the Fathers in Campion's Decem Rationes.6 Shortly after the death of the Jesuit martyr, being too well known for his Catholicism , and the persecution then raging, hewent into exile, leaving his two children in England, and tookup his residence in Paris After the failure of the Spanish Armada, his wife having recently died, he journeyed to Spain with Sir William Stanley and others to seek aid from Philip II, and in the following year, 1590, was sent to Rouento act as intelligencerfor the Spanish king, receivingfor his services a small pension.8 In 1593 he was called back to Paris by the Duke of Feria, whom Philip II had sent to represent him at the meeting of the States General A strong and lasting friendship sprang up between the English exile and the Spanish duke, and later Fitzherbert accompanied him to Flanders . Returning thence via Italy to Spain in 1596,10 he assisted Sir FrancisEnglefield, and on his death in the December of that year succeeded him as English Secretaryto the king . 11 On 8 September 1601 , having long entertainedthe idea of becoming a priest, he took a vow to that effect , and towards the end of that year left Spain for Rome, where he was duly ordained . 12 Whilst still engaged in Rome in the service of the King ofSpain, 18 he used his leisure in writingA Defence ofthe Catholic Cause, with its appended Apology, appearingin 1602, and A Treatise Concerning Policy and Religion in 1605. He had longfelt an attraction to the Society of Jesus, and on 15 August 1606 he made a vow to become a Jesuit, the fulfilment, however, of which was delayedfor

5 H. Foley, S.J. (Records of the English Province of the Society of Jesus , ii, 198-230, and iii, 792), supplies material for a biography; but his account should still be supplementedfrom the State Papers in the Record Office , the Spanish Calendar , and documentsin the Westminster Archives, particularlyVolume XXXVII, which is whollytaken up with the correspondence of the second Duke of Feria with Fitzherbert and others.

6 Cf. Fitzherbert's own short account ofCampion(West Arch , II,n. 37).

7Mendoza to Philip II, 21 June 1598 (Spanish Calendar , 1587-1603 , p. 545).

8Philip II to Mendoza, 26 April 1590 (ibid , p 580)

9 Cf. theDuke of Feria's certificate ofthe services of Fitzherbert,26October 1604 (West Arch, VII, n 100), the translation of which is in Foley, op. cit., iii, 793. Cf. also the certificate of Don Ibara de Diego referring to the services of Fitzherbert, 10 October 1599 (West Arch , VI, n 99)

10 Cf. Mgr. Malvasia to Aldobrandino, Brussels , 6 October 1595 (R.O. Transcripts 9 , bundle 85)

11 Sir Francis Englefield to Philip II, 8 September 1596 (Tierney, op. cit, iii, Appendix, p xlviii) Cf. alsoThomasFitzherbert to SecretaryPrada, 15 September 1600 (Spanish Calendar , p. 668).

12Fitzherbert's own narrative (Foley, op cit , ii, 208) He was ordained on 24 March 1602 .

13 PhilipIII to the Duke of Sessa, his ambassador in Rome, 31 December 1601 (West. Arch , VII, n 10)

INTRODUCTION

some years . 14 On the appointment of George Birkhead as Archpriest hevolunteered inthe absenceof Dr. Thomas Allen, who had represented the first Archpriest, Blackwell, to act as his agent in Rome , 15 and it was in this capacity that most of the letters here printed were written At length, in 1613, being free to fulfil his vow, he entered the Society. After two years as head of the mission in Flanders, he returned to Rome in 1618 to become Rector of the English College, which he ruled for many years, retaining his post to within a few months of his death, which occurred on 17 August 1640, at the ripe old age of eiguty-eight. It may be added that the duplicity and dishonesty ascribed to him by Tierney are thoroughly alien to his character , and these letters themselves show him as straightforward and honest , even to bluntness , forcibly expressing his opinion even when known to be unpalatable to the Archpriest

Of the letters themselves, the central theme may be said to be the mission of Dr. R. Smith to Rome during the years 1609-1610 . They give valuable information concerning what led to that mission , the actual negotiations of Dr. Smith in Rome, and the decisions of the Pope and the Cardinals of the Inquisition , to whom all English affairs were referred, on the matters submitted to their judgment Incidental evidence is also given of the persecution then raging in England Certainly, no one familiar with the correspondence ofthat period can have the slightest doubt of its extreme severity and allpervading character, though it was directed rather at the material goods of Catholics than at their lives and liberty It would almost seem that King James and his Councillors were determinedto reduce Catholics to utter penury; and it is hardly anexaggeration to saythat, had the persecutioncontinued in its extreme severity without break or alleviation, the Church could hardly have survived in England: there would have been few, if any, Catholic laymen able to support the priests. This pauperisationof Catholics may well have had some influence with Paul V in his decision not to introduce bishops into England, as it certainly had its bearing on the difficultytheArchpriest experienced in supporting his clergy,16 petitioning the Pope by Dr. Smith for that reason to delay the mission of more priests to the country

Frequent reference is also made in these letters to the Oath of Allegiance , which was drawn up in 1606 and forced upon the Catholics with increasingly severe penalties for refusal to take it. This oath , indeed , became an ever-present torment to those loyal to the Holy See , a centre of somewhat stormy controversy extending far beyond this country, and a very grave source of division and disunity among the EnglishCatholics themselves . 17 Blackwell, the first Archpriest, on the publication of the oath, rightly opposed it, but later he changed his opinion and held that Catholics might lawfully take it, though Pope Paul V , by his Brief of 22 September 1606, had already condemned it. 18 Arrested on 24 June 1607 , the Archpriest a few days

14Fitzherbert's own narrative (Foley, op cit , p. 208).

15 Fitzherbert to Birkhead, 31 May 1608 , injra.

16 Birkhead to Cardinal De Bubalis, 21 June 1608 , and to the Pope of the samedate (West. Arch , VIII, nn 63 and 64).

17 On theOathofAllegiance see J. H. Pollen, S.J., Catholic Encyclopedia sub"oath , " and J. Brodrick, S.J. , Lije and Work of Robert Francis Cardinal Bellarmine, London, 1928, vol ii, cc xxiii and xxiv.

18The brief is printed in Tierney, op cit , iv, Appendix, p cxl

INTRODUCTION

later tookthe oath, and on July 7 issued a letter to his clergy, advising them and all good Catholics to do the like . 19 Despite a second Brief of Paul V of 23 August 1607,20 and Cardinal Bellarmine'sattempt by letterto bring him backto therightpath,21 he persisted in his erroneous opinion and so remained till his death in 1612. His example proved pernicious : a number of priests, and many more laymen, rather than face the penalties of refusal, took the oath At length, by the Brief of 8 February 1608 , Paul V deposed Blackwell and appointedGeorge Birkhead Archpriest in his place, enjoining upon him to assign a timelimit for those priests who had taken the oath to reconcile themselves to the Church, and to deprive of their faculties those who remained recalcitrant . 22 Itis in the light of these events that the letters ofFitzherbert should be read

It remains for me to record those who have helped in the taskof editing The Right Rev. Mgr P. E. Hallett undertook at very short notice the translation of the long document concerning Dr. Smith's agency; the Rev. J. Flynn, S.J. , made himselfresponsible for that of Bavant's letter to Persons, 28 March 1610, and the Rev. A. Bonnar, O.F.M., for that of Fitzherbert to the Pope, 27 July 1608. To all these, thanks are due from myself and from the C.R.S. I am also indebted to the Right Rev. Mgr. Canon L. S. Emery for permission to inspect Dodd's manuscripts , preserved at Oscott College, and for the kindly help affordedme by himselfand his staff in my work there.

Finally, I shouldlike to pay a tribute to one who has passedaway. Withoutthe transcription of documents from theWestminsterArchives, undertaken by the late Edgar Chadwick , the work of editing these letters could not have been achieved .

I. SWINNERTON (FITZHERBERT) TO CHAMBERLANE (BIRKHEAD), 18 May 1608 .

Milton House MSS . Holograph, partly printed in Tierney-Dodd, v, p. xxviii.

Right Reverend Syr.

cause ,

1 I have receaved your letter of the 14 of March, and rest muchcomfortedto see your good resolutionand courage in gods whichI hope his devyne majestywill encrease in you, with good successe to your endevours, to repayre the late wracks that his cause hath susteyned by the weaknes of your predecessour.2

I have read the copy of your letter and lyke it singularly well. only I wold wishyou hereafter (whether you wryte to the same party or any other of lyke quality) to be as breef as the

19 The letter is printed in Tierney, ibid , p. cxlvii.

20The brief is printed in Tierney, ibid , p cxlvi

21A Large Examination taken at Lambeth .... of M. George Blackwell (London, 1607) gives Bellarmine's letter to Blackwell, 28 September 1607 , andBlackwell's answer toitofNovember 13 ofthe same year Cf. also Tierney, op. cit. , iv, Appendix, p cxlviii

22The briefis printed by Tierney, ibid., p. clvii Birkhead's Admonition of 2 May 1608 is in West Arch , VIII, n 49. The time assigned by him was two months.

1 The opening paragraph is omitted by Tierney.

2Heis alluding to Blackwell's taking of the Oath of Allegiance

3 Referring to Birkhead's letter to Cardinal Del Buffalo (De Bubalis), the Vice-Protector, 15 March 1608 (West. Arch, VIII, n 51).

matter will geve you leave, and thys especially yfyou wryte to Paul, for other ways your letters may be remitted to others to be read and related, and not read by the parties theym selves , which wold hinder the good effectes that otherways may be expected; and of thys we have so much experience here, that I think yt important to be known and considered of you.

5 The party to whom you wrote your latin letter ys alreddy departed hence for all thys sommer, and therefore hereafter your letters must be to others, especially to him, whose place he supplyed (who is now here himself) or to some such as he shall appoynt ; whereof you shalbe advertised hereafter ; for he willno dout appoynt some to supplyfor him when he goethhencewhich I think he will do ere thys sommer passe. In the meane tyme you may do well to send your letters without superscription, which may be added hereaccording to the party that shall occupy the place; forthe matter and style may always serve indifferently for any of that quality as you know. having understood that your old and best patron hath conceyved somewhat hardly of f.p.7 for not deliveringcertayn letters of hys sent some yeres agoe or thereabout to P.8 I can do no

4 Pope Paul V.

5This paragraph is omitted by Tierney.

6 Cardinal Farnese, the Protector 1608 (Milton House MSS )

7 Father Persons.

Cf. Persons to Birkhead, 18 May

8 Theletterto Pope Paul V. The patron was Anthony Browne , Viscount Montague, whose house at Cowdray, Sussex, served as the headquarters of the Archpriest Birkhead The letter in question had a curious history. It was sentby the Viscount to Persons to be presented to the Pope, and urged amongother things thecreation ofbishops for England (R.Smith to T. More, 9 November 1610, West Arch , IX, n 87) Writing in July 1610, Birkhead referredtoit as having been sentfive years earlier, which would fix thedate ofit roughlyin the second half of 1605 (Birkhead to Smith, 20 July 1610, ibid .,IX, n 53) It may well havebeen connected with the journey ofJ.Cecil and A. Champneyto Rome early in 1606, to petition the Pope in the same cause On receipt of the letter, knowing that important matters had been published by the negligence of some officials of the Curia, Persons consulted with other Englishmen in Rome, and all agreed that it was not advisable to present the letter itself, but rather to give the Pope a summary of its contents, statingat the same time fromwhom the letter came This course was accordinglyfollowed, out of concern, as Fitzherbert and Persons declared , for the safety of Lord Montague in the circumstances then prevailing in England It must be recalledthat already, in 1604 , Lord Montaguehad been imprisoned in the Fleet for his vigorous speech in Parliament against the proposed penal laws (Letter to Sir Thomas Chaloner, 30 June 1604 , Dom . Cal . James I, 1603-1610 , p 127), andinthe scare that ensued onthe discovery of the Gunpowder Plot in the following year, after a few days confinement in the house ofSir ThomasBennet, he was sentto the Tower (Lord Montague to the Earl of Dorset, his father-in-law, 8 November 1605, ibid, p 246; Sir W.Wade, Lieutenant of the Tower, to the Earlof Salisbury, 26 November 1605, Hatfield Calendar , xvii, 514) Though innocent of all participation in the plot, he was released only after some months imprisonment on the payment of a fine of £200 (Dudley Carleton to John Chamberlain, 20 August 1606, Dom Cal James I, p 329) In these circumstanceshad theViscount's letter to the Pope, or its contents, become known to the English govern-

lesse then testify unto you, what I know thereof which I wold ment, itwould have placed him in verygrave danger Persons, in his letter to Birkhead of 5 July 1608, declared , "I do affirm unto you in the sightof and before the seat of Almighty God that there was nothing done therein but onlyfor the goodof the party himself, as if he had been our own father" (Milton House MSS ) Fitzherbert was equally emphatic (Fitzherbert to Birkhead, 23 August 1608, infra) To doubt their good faith and attach a sinistermotive to the course they followed would be tantamount toaccusing them of calling God to witness to a lie Some of the priests, however, hostile to Persons, and not knowing presumably that the contents of the letterwere made known to the Pope, declared that the withholding of the letter itself was a crime and that they would rather suffer death than be guilty of such (Persons to Birkhead, 23 August 1608 , Milton House MSS.; Fitzherbert to Birkhead, 23 August 1608, infra). Lord Montaguehimself was at first quite satisfied with the explanation they had given (Fitzherbert to Birkhead , 23 August 1608, Persons to Birkhead, 4 September 1608, ibid.). But later he showed again his resentment, partly, it would appear, because he was incensed by some English Jesuits in Flanders, much to the annoyanceof Persons and the General of the Society, crossing his wishes in connection with a convent of" Clarissas " that he was supporting, and partly, it may be, as Persons suspected, because the Viscount was incited thereto by some of the Appellant party with whom he was in close friendship (Persons to Birkhead, 26 November 1608 and 2 May 1609 , Milton House MSS.; Montague to E. Bennett, 27 November 1608, Stonyhurst, Anglia VIII, n . 143. Anglia VIII is now in the Westminster Archives)

On the Viscount's insistencethe letter was eventually returned to him, though there was some hesitation in sending the original on account of the danger, should it fall into wrong hands, a special messenger finally being employed to ensure its safe delivery (Fitzherbert to Birkhead, 23 August 1608, infra; Persons to Birkhead, 14 February, 14 March and 2 May, 1609 , Milton House MSS ) The letter, however, had not yet reached the end of its travels, for in June or July, 1610, Persons being no longer alive to defend his actionhe diedon April 15 ofthatyearitwas once moreatthe Viscount's demand sent back to Rome, for Smith, Birkhead's agent, to present it to the Pope, and to declare why it had not been presentedon a former occasion (Birkhead toSmith, 20 July 1610, West. Arch ., IX, n 53). A touch ofirony now comes into the story Smith, in a letter from Paris later in the year, reported that Lord Montague was in serious trouble and his householddissolved , that the King every day spoke against him for maintaining so many Catholics in his house , and for sending to Rome about bishops and the like, and that Robert Carr, James I's new favourite, had begged for all the Viscount's possessions, the cause of the trouble being said to be that a copy of the famous letter had come to the King's hands Smith feelingly adds that he ever feared letters (Smith to T. More, Birkhead's agent in Rome, 21 October and 9 November1610, West Arch , IX,nn 83 and 87) No immediateconsequences followed, however, for the report was alarmist : Lord Montague's household was not dispersed , and he himself was still able to walk about London , a free man, in the Decemberof that year (Smith to More, 7 December1610 , ibid, IX , n 103) But the Council kept him inview, and a few months later , after a little delay owing to the Viscount's illness, called him before them and demandedhe should take the Oath of Allegiance On his resoluterefusal to do so, he was imprisoned in the Fleet, and wasfor a time, indeed, in real danger of losing all he possessed (Birkhead to More, 30 May, 14 June and 6 July, 1611; E. Bennett to More, 26 June 1611 , ibid., X, nn. 51, 72 , 81 and 78) Thanks, however, to powerful friends at court, after a month or so of imprisonment he was released , though a fine of no less than £6,000 was exacted from him (Birkhead to More, 17 July 1611 , ibid, X, n 93) Here the history of the famous letter ends, though it may still, perchance , be reposing innocently in the Vatican Archives

9 From "which I wold " to " loved him " is omittedbyTierney

wryte to your patron him selfe, yf I were as well knowen unto him, as I was to hys grandfather, to whom both I and my father and uncle were exceedingly bound for hys great favour and affection in which respect and dyvers others needles to relate I have ever greatly honored your patron and cordially loved him. The truth ys that f.p. receaving the foresayd letters, and considering the danger of those tymes, and dyversother inconveniences concurringconsulted with some few confident frendes (of whom my self was one) whetherit were more convenient to deliverthe letters theym selves, or to suggest and represent the effect thereof , to the partyto whom they were written, and the same to be done in your patrons name, and as by particular commission from him, and it seeming to us that the latter wold be the most secure and safe way for your patron (in respect of some examples we had before seene of important matters published by the negligence of such as had the keeping of lettersand papers of that quality) we presumed so farre of your patrons allowance, (10pretendingnothing on our parts, but hissatisfaction and securityand gods glory and service) that we resolved to open the letters and to represent the contents in hys name, which I assure you was done effectuallyand with as ample a relation of your patrons great worth and merits, as he him self could have wished , 11 thoughthe partyto whomthe same was suggested, was at that tyme so exceedingly troubled and alienated from hearing of those or any other of our affayres by the accidents whichthen hapned, to your patron him self as well as to dyvers others , as you know, that the resolutionthereof could not be prosecuted, and much lesse procured,12 and so the matter being, as fullyand sufficiently intimated as could be wished, was let fall perforce; and one reason amongst others, which moved us at that tyme rather to deliver the effect of the letters then the letters theym selves was the great length of theym, whereby we assured our selves that the party wold not read theym, but remit theym to be relatedto him by others, who wold not perhaps do it so effectually, as we desyred And this ys the truth and ifyour patron conceaveother ways he ys muchdeceaved, and doth great wrong to us hys servants here, and especially to f.p. in whom I have ever seene so much love and affection towards him, and such endevour in alloportunityesto advancehys favourand reputation, that I must needs say he deserveth a farre better construction of hys action herein, then as I understand, your patron maketh

10 From " pretending " to " service " is omitted by Tierney without indication of omission .

11 From "though the party" to " fall perforce" is omitted by Tierney

12 The creation of bishops for England at the time of the Gunpowder Plot would have been most inexpedient It would have been extremely hazardous for the English Catholics , for the Government , getting to know of it, would have suspected that they, as a body, were expecting some great changefor the better in their fortunes, and might easily have concluded that the Pope himself was involved in the plot

TO BIRKHEAD , 18 MAY 1608

for God ys our witnes (18 I may boldly say it for myself no leses then forthe rest that delt in that matter) we had no otherdesynmentor meaning in theworld, thengodsservicewithyour patrons better satisfaction , though it may be we presumed too farre of the confidence we thought he reposed in us and consequently of hys appreciation of what we should think most fit to be donne, the condition of this place, that tyme and the matter it self, being considered; 14 howsoever it ys, yf your patron take it not well, I mayboldly say, and so protest untoyou that Ithink , that there was never matter better meant on our parts, nor more mistaken by him or any other, and to thys effect I wold have written unto him my self, yf he had once knowen me, or that I had thought he wold not have taken it for presumption in me, being unacquaynted with him; and therefore I have thought good to signify thus much to you, and to remit it to your wisdom , to impart it to him, as farre as you shall think convenient, with most humble and affectionat offer of my service. and so 15thys being for no other at thys tyme I take my leave recommending you to gods holly protection from myold residencethe 18 of May 1608

Yours as my owne T. Swinnerton .

16 If you impart thys to your patron I should be very glad to heare from you how he resteth satisfied.

Addressed "To Mr Chamberlane G.B.A."

Sealed and endorsed " 1. 18 of Maye 1608 .

II

. 2. Thomas Fitzherbert " 17

FITZHERBERT TO SALVIN (BIRKHEAD), 31 May 1608 . Milton House MSS Holograph

Right reverend Syr,

I am hartilyglad to understand by yours of the 14 ofApril, of your good health and that you had then begunne your new charge so well as you signify which also well appeareth by the coppyes of the letters, which you sent and over notably well to the purpose, and I dowt not but they will geve great satisfaction to those to whom you have wished theym to be communicated. I have sent theymwith your letter alreddy, for as I wrotetoyou myylast the party1 ys outofthetowne, andwilbeallthys summer ,

13 From "I may boldlysay" to " that matter" is omitted by Tierney, without indication of omission in

14 From " howsoever " to " my service " is omitted by Tierney.

15From " thys being" to " tyme " is omitted by Tierney.

16 The postscript is omitted byTierney without indication of omission

17 The second endorsements on these letters are in the hand of Dodd . In the letters to Birkhead the first endorsements are most probablyin Birkhead's hand.

1 Cardinal Del Buffalo, the Vice-Protector.

and therefore in the meanetyme, you shall dowell (as I also sygnifyedtoyou in mylast) to send your letters withoutsuperscription , and the contents indifferent to anythat shall have the charge; for so may they be delivered accordingly we make no dout but that you have all the power that your predecessorhad; nevertheles formore security, theprotectorwho ysnowhere shalbedelt withall to geve you the same in particuler for the facultyes you requyre, to which purpose, as also to the end you may cumplywith him, a letter shalbe framed in your name to him, whereof a coppy shalbe sent you.

I understand that some of the unquiet are discontented that you hold correspondence with me, and that it ys suggestedunto you, to send hither some of the appellants or theyr frends for you agent here the truth ys that although I wrote some tymes to your predecessor of good will, to advyse him in some things when occasion requyred, yet I utterly refused, when hys two procurators were here, to be hys agent, or to have any ordinary correspondence with him, (as they can well tell you) in which respect Mr doctor Allen³ was appoynted to be hys agent and procurator in thys place; which I signify unto you, to the end you may understand that the offer which I have made you of my service, hath not proceeded of any other groundthen ofmy old love and good will to you, together with some necessity which Iseeforthepresent byreasonofdoctorAllens absence ,andthewant of others to supply that roome to your contentment and the good of our cause, for I assure you, I take so little pleasure in these kynd [sic]of bussynesses, and especially in holdingcorrespondence of letters, that I hold it for one of the greatest burdens that can be layd upon me, and a great hindrance to other good exercyses wherein I could more willingly occupy my self and therefore it should be tome a great pleasure, thatyou had some otherconfydent agent here, who might advance gods cause to your contentment, but only I would wishyou to be careful in the choyce of the person, not only for your owne credit and contentment , but also for the good of the cause, neyther of which respectes can admit the choyse of such an agent as ys suggestedunto you for dyvers causes .

first for the respect of us all that are your frends in thys place, and the good offices that you may expect from us , which , thoughwe shalbe ever most willing to yeld you; yet we shallnot be able to performe to any purpose, yf your agent be not united with us as you may well perceave by the suggestion made unto you, these men determine never to be

2Giles Archer and Richard Parker, who in the appeal of the Appellants to Rome in 1602 were sent to represent the Archpriest, Blackwell

3 Thomas Hesketh, son of Cardinal Allen's sister, Elizabeth. He took the name of Allen after his uncle's death in 1594 (cf. T. F. Knox, Letters and Memorials of William , Cardinal Allen, pp 372, 374 and 397)

Secondly, you shall fortiye and advance that faction more then they theym selves could do by any meanes , being so farre out of grace in thys place, that they are neytherable to do you hurt, thoughthey should oppose agaynst you, nor lykely ever to advancetheyr owneaffayres orpretenses, suchI meaneas hetherto they have had; and hereof me thinketh your owne wisdom may be able to judge partly by the election that hath been made of

4The Appellants were wont to arrogate to themselves the title of the secular clergy of England, though . they were onlya party or faction. "They name themselves , " writes Bavant, " and some others with them the bodie ofthe clergie of England: under which name many things may be wrought to the great prejudice of their brethren and many others" (J. Bavant to Birkhead, 26 November 1608, infra) The same point is made by a priest after Smith's mission to Rome in a letter of 22 April 1610, in which, while praising the granting of an agent at Rome, he adds, " without doubt had ear been lent to the impertinent complaints of these few malcontents there would never be an end" (Avvisi d'Inghilterra, Arch S.J. Rom. Anglia, 31.1, f. 360). That the Appellants were a faction and not the clergy of England is also abundantly evident from the correspondence of the time, the letters, i.e. of Birkhead, Persons, Fitzherbert and others, as well as the despatches of the Nunciosin Franceand Flanders, and ofthe papal Secretary of State in Rome (e.g. Birkhead to Smith, 3 October 1609, 8 January and 3 April 1610; to Bianchetti , 6 December 1610; to More, 23 March and 13 December1613, West Arch , VIII, n 158; IX, nn 2, 31 and 98 , XII,nn. 160 and 222; Persons to Paul V , 6 July 1608, Arch Vat Borghese IV, 86, f. 30; to Birkhead, 15 September1609,MiltonHouseMSS.; Letters ofT. Allen, R. Parker, T. Fitzherbert, R. Baines, P. Roper and J. Sweet, at the beginning of 1604, Naples , Arch di Stato Carte Farnesiane , 429, fasc 4, f 425; Aldobrandino to Caraffa, the Flanders Nuncio, 2 September 1606 , R.O. Transcripts 9, bundle 88; the Relation on English Affairs by Bentivoglio, Nuncio in Flanders, 2 October 1610, Arch Vat Borghese IV, 190 i, ff 4067 , particularlyf. 48v.; Fitzherbert to Birkhead, 4 October 1608 , infra). Even on the question whether bishops should be appointed for England there was considerable difference of opinion among the secular clergy "I find somanyofmybrethren , " writes J. Colleton, " to dislike the having ofbishops as depend or stand biazed in their favours to the Jesuits and likewise the laitie of that profession" (Colleton to Birkhead, s.d., but after 14 February 1609, as Persons's letter of that date is referred to in the letter, Stonyhurst, Anglia VIII,n. 84; cf. also Singleton to the Pope, 15 September1607 , andhis Memorial on the subject, Arch S. J. Rom. Anglia, 31.1, ff 320-321,and Anglia 36.11 , f 263; Fitzherbert to Birkhead, 27 July 1609, and Bavant's two letters infra) And even later, J. Mush, one of the most active oftheAppellants, could write when the question of bishops was being again actively promoted: " Lyngering and delaiein our businesses are most dangerousand hurtful, for if Mr Lea (Birkhead) and a verie few more were dead (as no likely they will long continue) none of our brethren will ever stirr againe forthey be not over 10 ; yea perhaps not 6 that labour in our common cause for redress of our calamities all respect and busie themselvesonly in their owne particulars, though they write well and would be glad any good were doneyfitt were withouttheir trouble and cost it is no small matterto kepe the rest well affected to our affaires" (Mush to More, 19 June 1612 , West Arch, XI, n 99; cf. also Bennett to More, 25 June 1611, and 26 April 1613 , ibid ., X , n 78, and XII,n 85) Mush's statement is certainly borne out by the extant correspondence : the number who were active in the " cause of bishops" and the like was very small indeed The majority of the clergy appearto have been quite content to get on withtheir daily tasks and leave thePopeto decidewhathe thought bestfortheirgovernment A fundamental error of our ecclesiasticalhistorians such as Dodd and Tierney has been to equate the Appellant party to the secularclergy of England.

your self, and partlyby the authority gevenyou conforme tothe first institution of your predecessor ,5 whereby you may well see, that all the endevours of the discontented for these VI or VII yeares are utterly overthrown and theyr labour lost. Thyrdly, me thinketh it ys well to be considered whether youragent being ofthe numberor bodyof the appellantsortheyr adherents shalbe able to do you any service or credit here; for considering the long practise that some ofthat number , havehad , and yethave (for oughtI knowto the contrary) withthe common enemy , yt may ever be justly feared, and I thinke ever wilbe, that anyone who, shalbe a member of that body may at least be subject to abuse (yf not him selfe an abuser) by the meanes of those of hys party which was unyted with the sayd common enemye, which conceyt or feare may suffyse to call in question all the informationsof such an agent, and consequently redound to your disgrace, and desservice

Thys I have thought good to represent unto you, totheend you may be very circumspect in choyse of your agent here , and by no meanesemploy any such as hath ben suggestedunto you, by those , who as it seemeth, rather seeke to advance theyr owne desynments and practises in prejudyce of others, thento establish your authority, which they have so many yeres impugned and still do, as farre as they may or dare, as you may well perceave.

5Fitzherbert is no doubt referring tothefactthat Birkhead was appointed Archpriest withno mention ofthe clause inthe brief ofClementVIII, 5October 1602, that the Archpriest was notto consult the Jesuitsin matters concerning the government of his clergy. Blackwell appears to have interpreted the clause in a stricter sense than the words signified. Amidthe confusionamong Catholicscaused by theOathofAllegianceit is reportedinavvisiof10 , 17and 18 December 1606: " E necessario che s'animi l'arciprete et che s'intende che lui fanno spallo in Roma, et che habbia più autorità per governarequesta moltitudine , perche gli è cascato l'animo et ogni cosa andara in dissipatione se non si provide per tempo et quella clausoladel Breve di Papa Clemente, che li commanda in virtute sanctae obedientiae che non communichi cosa alcuna toccante al suo officio colli Padri Giesuiti lo mette in più confusione perchè da una parte ha scrupolo grande di communicare et dall' altra ha grandebisognodel lor consiglio, essendone tanti pochi colli quali potra consigliarsi: et l'altra clausoladell' ultimo Breve di Sua Santità che dice che il detto breve di Papa Clemente ha da intendersi ad literam sine potestate interpretandi ha accresciutograndementeil scrupolo E tutti li Cattolici che lo sanno ne restano maravigliati et senza dubio conviene metterne rimedio quanto prima in qualche interpretatione " (R.O. Transcripts 9, bundle 114; cf. also R. BlounttoPersons, 7November 1606Stonyhurst, Anglia VI,f 301) Farnese, the Protector, replied: " Ut liceat vobis cum ipsis Patribus omnia libere pro vestro auxilio et consolatione conferre, quae ad religionem ipsam Catholicam, ad casus conscientiaeet ad res spirituales pertinent, de guberna- tione vero vestrorum subditorum et de rebus politicis vel status, ut aiunt, Dominationi V. licitum non erit cum ipsis Patribus impertiri ne majorem in invidiam trahantur" (Farnese to Blackwell, 10 February 1607 , West Arch .,VIII,n. 30; cf. also Fitzherbert to Birkhead, 23 May 1609, note 3, infra). 6That before and during the appeal of 1602 some of the Appellants were dealing with the English Government is beyond dispute. Apart from other documents, sufficient evidenceof it is afforded by the correspondence of Bancroft, the Bishop of London, and Sir Robert Cecil (Hatfield Calendar, vols xi and xii), and by the papers in The Archpriest Controversy, printed

For my part, I do protest unto you, that as I offeryou my service, for the old good will that hath ben betwixt us , and will continueyt, untill you other ways be provyded, so I shall take yt for a singular pleasure that you ease me of the burden ; and sincerely think that yt were very convenyent that you had some other agent here , who might be less disgustfullto the discontented then I am ,thoughto appoyntany man to theyr lykingwhoshall not in theyr conceyt be an enemy to the fathers (with whom you in two volumes by T. G. Law for the CamdenSociety in 1896. Inthe brief of Clement VIII, 5 October 1602, deciding that controversy, there was a clause declaring that any who under whatever pretext or cause took part or dealt with heretics to the prejudice of Catholics, incurred ipsofacto the loss of faculties as well as excommunication Despite this prohibitionand the penalties attached, a few of the Appellants, such as Bluet, Bagshaw, Cecil, as well as the layman Charles Paget, continued to dealwiththeEnglish Government Bluet was sent over hurriedlyby the English Ambassadorat Paris to detect Haddock, a former procurator of the Archpriest There were offers , also, to spy and give information ; stories were told to the Ambassador against the Jesuits, copies of letters received from Persons were handed to him; and Bagshawdiscussed with him a " plot for supplanting of the Jesuits out of the English College at Rome" (R.O., French Corr , Parry to Cecil, 29 November, 14 and 17 December , 1602; 26 and 28 February 1602/1603 ; 19 May, 16 June and 22 September , 1603. Cf. also the layman Mainey's Relation concerning Bagshaw, 18 December 1603, Arch S.J. Rom Anglia, 31.1, f 260).

Others desisted from the practice after a time, but Bagshaw and his circle in Paris continuedit His calumniesand his intrigues with the English Ambassadoragainst the Jesuitsnever ceased They reached sucha pass that in a Provincial Congregationof Jesuits at Lyons in September, 1606 , it was decidedto commissionFr. Crichton, S.J., to make every effort with the Pope and with the King of France to put an end to these practices (Arch S.J. Rom Anglia, 31.1 , f 305; cf. also Cotton, S.J., to Persons, 8 February 1606, Stonyhurst, Coll P., f. 425 ; R. Blountto Persons, 7 November 1606, ibid, Anglia VI, f 301; the letter ofSir R. Dudley,Earl ofWarwick , arecent convert, 26 November 1606, relating a conversation with Bagshaw'sfriend, a Scottish priest called Fraser, whorevealedtheirplans; and the Countess of Warwick's letter to her son, Sir Robert Dudley, 2 June 1606 , in which , though not a Catholic herself, she warns her son not to become friends with or trust the unquiet priests abroad, for to her knowledge theyreport back things to the English Government, as they had already done in his own case Arch. Vat Borghese II, 448, ab ff 354 and 428).

Dr. William Gifford appears to have played the same role in Flanders as Bagshawdid at Paris (Sir Thomas Edmonds, the English Ambassadorin Flanders, to Cecil, 19 November 1605, Hatfield Calendar , xvii, 498; Captain Dextar's relation and his letter to Fitzherbert, 18 February and 4 May 1606, R.O. Transcripts 9, bundle 114) It was apparently on this account , because he was reporting adversely concerning the Archduke Albert to the English Government, that Gifford was exiled from Flanders in 1606. In recompense he appears to have receiveda sum of money from the English Government (Salisbury to Edmonds, 12 July 1606; Edmonds to Salisbury (22 July), 1606; Hatfield Calendar, xviii, 202 and 204; The Nuncio, Frangipani, to Cardinal Borghese, 19 August and 30 September 1606; Borghese to Frangipani, 21 October 1606; R.O. Transcripts 9 , bundle 114; C. Paget to Salisbury, 25 December 1606, 4 January 1607 , Hatfield Calendar , xviii, 364) The new Nuncio, the Archbishop of Damascus , was warned in his Instructions to be careful to have servants in his householdwho were above allsuspicion(Cauchieand Maere, Instructions GénéralesauxNonces de Flandres, 1904, p 26), for from the abovedocumentsa considerablesuspicionis raised that the Secretary to the former Nuncio was involved as well as Gifford.

FITZHERBERT TO BIRKHEAD , 31 MAY 1608 13

say say [sic] you will not break without just cause) I think yt impossible all which I leave to your consideration, beseeching almighty God to direct you with hys holly spirit in thys and all other your affayres and deliberations , and longpreserve you from your enemyes, for his owne service and glory to whose holly protection I commit you the 31 of may stilo novo 1608

Yours as my owne

Addressed "To myvery good frend

Mark of Seal III Mr George Salvin"

Endorsed "1. 31 of Maye 1608 .

2. Father Fitzherbert 30 [sic] May 1608."

FITZHERBERT TO BIRKHEAD , 13 June 1608

Milton House MSS Autograph. Right Reverend,

I have received yours of the 24 of Aprill with the enclosed for C. Buff. who is still out of the towne, and will be all this sommer, and therefore I must send him always such things as comefrom you for him , as I did your former, which he hath very gratfully received, and ysexceedingglad ofyour good proceedings, as he hath signified

I am very sorry to see that you have so little assistance , as may appeare, by your letters and coppyes, written all with your owne hand, wherein you must needs seeke some helpe to ease you ofyour burden . I do lyke notably wellthe coppy ofyour admonition, which can not be ill taken of any that hath the spirit of unity, and obedience to the supreme pastor, seeing it ys evident that you have donne no more therein then he hath expressly commanded and ordayned . The facultyes which you requyre, shalbe procured with all possible speede, and had benne ere this, but thattheprotectorwent out of towne upon sundayes,for some dayes, and ys not yet returned; he ys wont to make greate difficulty in cases of subdelegation, douting how farre his power extendeth there in, and therefore I thinke we must have recourse to the hyghest, where of you shall heare more at my next oportunity.

1 There is a letter of Birkhead to Cardinal Del Buffalo or de Bubalis of 13 April 1608, printed in Tierney-Dodd, op. cit., iv, p. clix.

2In the briefappointing Birkhead Archpriest, the Pope orderedhim to admonishthosepriests whohad taken theOath ofAllegiance or had attended the Protestant church and those alsowho had taughtor still did teach that such things were lawful, to relinquish their errors and return to the right path; and he declaredfurther that those who did not do so within a time left to the Archpriest to determine, were deprived of their faculties On 2 May 1608 , accordingly, Birkhead issued his Admonition , assigning two months as the prescribed time within which the guilty were to put themselves right again. The brief of 8 February is printed in Tierney-Dodd, op cit., iv, p. clvii There is a copy ofthe Admonition in Westminster Archives (VIII, n . 49) Tierney printed it (op. cit , iv, p clx), buterroneouslyentitled it" Birkhead tothe Priestsin the Clink , " as ifit had been exclusivelydirected to them, which was not the case

Whereas you signify the greate desyre of many to have byshops, and have also writtenabout it to C. Buffalo, i do assure you, there hath benne as much donne in that matter as hath benne possible, for besydes the former endevours of F. Parsons some yeres agoe in pope Clements tyme, (when the Archpriest was first made) there was a new onset gevenof late by MrSweete , upon his returne from England, with the consent and furderance oi fa: Parsons, and all his frends here, and the matter I assure you, was solicited effectuallywithall the Cardinals of the inquisition, to whome it was referred, and yet notwithstanding, in conclusion his hollynes, and they resolved to differrefor the present the making of bishops, and to make a new Archpriestupon the fail of the other, which came to be understood heere whyle that matter of byshops was prosecuted,* And yet nevertheles I have

3The letter of Birkhead to Cardinal Del Buffalo is dated 20 April 1608 (West Arch., VIII, n 55) He wrote tohim again inthesame sense on21 july and to the Pope on the same day (West Arch , VIII, nn 63 and 64).

4John Sweet, a native of Modbury, Devonshire, entered the English College, Kome, as a convictor, in 1602 , when already over thirty years of age On 21 April 1606 he left the College to attend to some personalbusiness in England, having secretly been ordained subdeacon before his departure (Borghese to Barberini, the Nuncio in France, 18 April 1606, R.O. Transcripts 9 , bundle 114) In May 1607 he returned to the College, completed his studiesand was ordained Heenteredthe Societyof Jesus in 1609 , probably at Naples (Stonyhurst, Coll N., I, f 302), and later served for many years on the English Mission (Foley, Records, iv, 646)

When,in 1606 , he was returning to England, Borghese wrote to Barberini to arrange for transmission of letters from Sweet, so that hecould report to Kome on English atairs, at thesame timebidding the Nuncio not to meddle in Sweet'sown negotiations (Borghese to Barberini, 18 April 1606 , ut supra). Two suchletters of Sweetare extantone from London, 28 June 1606 (R.O. Transcripts 9 , bundle 114), the other from Louvain, 24 November 1606 , when he was already on his way back to Rome (Bibl Vat Lat 2190 , f 47). This latter letter is an account several pages in length of the condition of attairs in England In it he stresses among other things the need of bishops, one of their principal functions being to ordain men in their nativecountry, so as to avoid such notably long absence as years at a seminary abroad entailedsurely an impracticable as well as a hazardous proceeding amid the persecution thenraging. On his arrival at Rome in May 1607 , Sweet had a long conversation on English affairs with Cardinal Borghese, the Secretary of State (Borghese to barberini , 15 May 1607 , R.O. Transcripts 9 , bundle 115), and it was probably soon after this that he presented to the Pope a memorial in favourof creating bishopsfor England (Arch S.J. Rom. Anglia, 31.1 , ff 323-325 The documenthasno definite date, butitis endorsed Memoriale D. TH. Sweeti ad S. Pontificem pro episcopis, 1607). As a result of all this, the episcopal question was once again discussed by theCardinals of the Inquisition, to whom all English matters were referred There was , however , no unanimity of opinion on the subject among the members of the Holy Office, not indeed because they did not realisehow useful bishops might bein England (for they all realisedthis) but because of thedifficulties in the way of their appointment The chief of these obstacles appearsto have been the disunion amongthe English priests themselves , a legacy from the Archpriest controversy. All the Cardinals deplored this want of union , but it was feared that the creation of bishops might only increaseit and make matters worse (Borghese to Caraffa, the Nuncio in Spain, 10 July 1607; Borghese to Barberini , Nuncio in France, 10 August 1607 , K.O. Transcripts 9 , bundle 115). In a letter , therefore, to Decius Caraffa , Arch-

not understood that his hollynes hath rejected, or that he dislykeththat mocion, but that he only differreth it for some tyme, bishop of Damascus , who had just recently been promoted fromthenunciature in Flanders to that of Spain, the Cardinal Secretary of State explained the situation and asked him to find out dexterously the opinion of zealous Englishmenthere and in particularwhat persons they thoughtto besuitable for the episcopal dignity. Amongst others he might sound the Jesuits, and particularlyFather Creswellwithreserve ,however, they being, as the Nuncio knew , an interested party and divided fromothers The Cardinal alsosuggested that he might obtain informationfrom the Spanish Ambassadorin England, but secretly, so that it shouldnotappearto be done at theinstance of the Nuncio or of the Cardinal Secretary of State (Borghese to Caraffa , 10 July 1607 , ut supra)

In his reply of 29 September 1607 (R.O. Transcripts 9 , bundle 115) the Nuncio stated that Creswellon being consultedhad answered that when the matter had been consideredon previous occasions it had been decided that it was not advisable to create bishopsfor England, but that he would givefurtherinformationwhenheunderstoodthat any good could beeffected This reply obviously did not fulfil the instructions that had been senttothe Nuncio; so on 28 October Cardinal Borghese wrote again that as regards English bishops , to the creation of which the Nuncio had been adverse , the HolyFather desired him to entermorefullyintothequestion Unfortunately, the Nuncio's answer to this has not been discovered

But it was not only from the Nuncio in Spain that the Secretary of Statesoughtinformation There is extanta letterofhis to Cardinal Barberini , theNuncio in France, 10 August 1607 , of similar import to that toCaraffa of 10 July. Theremust alsohave been an earlier letterto him on thesubject, for in reply, as he stated, to an order of Cardinal Borghese, theNuncio gave his opinion in a despatchof 7 August 1607. He realised, he declared , that bishops would be of great utility bothfor England and for Scotland , but the principal difficulty was to choose for that officesuchpersons as would enjoy the confidence of all the Catholics. He, therefore, advised that before any declaratory decision be made, information should be sought both fromthose who favoured the Jesuits and from the Appellants, as to the persons they thought fit for the episcopal charge; and that if their choice concurred, bishops should be chosen from that group. He added that from hisown investigations he judged it easier to declare who from that point of view were unsuitable, a list of whom he enclosed, advising, however, that further information about these persons might be obtained elsewhere (Barberini to Borghese, 7August 1607 , R.O. Transcripts 9, bundle 115) The list was not transcribed by the official of the Record Office ; but there is a list mostly of unsuitable persons, either fromthe viewpoint of the Appellants or from that of the favourers of the Jesuits, which was copied by Fr. Stevenson , S.J. , some years ago from the Vatican Archives Though undated , it is clearly of 1607 , because Blackwell's fall is not known; and from internalevidence the list certainly hails from Paris There seems littledoubtthat this is the list enclosed inBarberini's despatch TheNuncio's furtherreply to Borghese's letter of 10 August has not been found Evidentlyit gave his opinion as adverse to the creation of bishops ; for on 16 November1607 Borghese wrote tohim that the Pope desiredto know his reasons forjudgingthe appointment ofbishopsforEngland to be inexpedient (Borghese to Barberini, 16 November 1607 , K.O. Transcripts 9 , bundle 115). The Nuncio's reply, unfortunately, has not been discovered. It was in thisstate ofuncertain anddivided opinion, when Blackwell's fall and obstinate persistence in his error madethe choice ofa newsuperior of the clergy imperative, that the Popedecided tocontinue for the time the institution of the Archpriest, and appointed Birkhead to that office. Furthersearchshould be made for the missingdocumentsreferred toabove, as well as forany correspondence on the questionofbishopsbetween Borghese and the new Nuncio in Flanders; for it seems improbable thatthe Cardinal failed to ask information fromhim as he had donefrom theNuncios in France and Spain

fearing that yt would exasperat much more, then the course he hath taken, neyther have all the reasons geven to the contrary suffyced to alter his opinion and therefore I assure you we have pacience perforce, for we can not force his will, neyther were it convenient that we shuld doe it, though we could, seeing we are to presume that he hath more assistance from above, then we canne attribut to ourselves

Nevertheles upon your new mocion I have consulted the matter with fa: Pars and he persisting in his formeropinion of the conveniency thereof, 5 and also in his desyre to procure all the satisfactionthat may be to your brethren withyou, hathpromised his assistance to effect the same, and to that end we meanetotry whether we can procure order from his hollynes to you, to take the opinions ofyour assistants, and your otherbrethrenthereconcerning the persons that may be fit amongst them for that tytle, and charge, which we thinke to be the lykelyest way to geve satisfaction to all there with you, and we have the better hope to obtayne it, because his hollynes had alreddy taken such a resolution upon the former sute that was made here, before the Archpriests fall, and I take yt, that some such letter, waswritten to him though perhaps by reason of his apprehension and fall presently after, it could not be delivered, or at least have any effect, which I thinke did partly move his hollynes to ordayne a newArchpriestfor the present, untill he might be furder satisfyed, concerning fit subjects amongst youforthe Episcopal charge, hoping also that in the meane tyme the weather would grow more calme in England, and some such occasions happe, that yt might be donne with lesse danger of molestation ofthe Catholykes which ys that which his hollynes seemeth most to respect in this matter , Though yf I shall tell you my owne opinion (which I

5 Persons had supported Sweet in his appeal for bishops and probably helpedhim to draw up his Memorial to the Pope, Sweet beingthen a student of the English College of which Persons was Rector The fact that a copy of the Memorial is to be found in the Jesuit archives points to the same conclusion (cf. Persons to Birkhead, 5 July 1608, Milton House MSS ) As Fitzherbert relates, Persons renewed the suit for bishops on the receipt of Birkhead's letter (Persons to Birkhead, 31 May and 21 June 1608 , ibid)

6 That such a letter was sent is clear from avvisi from England One such of 22 August 1607 runs: " La lettera del CardinaleArrigoni (head of the Congregation of the Inquisition) ordinava che si scrivesse di qui il parere delli principali cattolici se giudicavano espediente in questi tempi havere vescovi. " Blackwell by this date had taken the oath in prison andrefused to receive such letters

Another avviso a few days later declares : " Quanto a mandare parere di qui intorno al negotio delli vescovi sarà cosa difficile stando l'ardore della persecutione .... et pure il stare senza capo alcuno sarà peggio " (Arch S.J. Rom Anglia, 31.1, f 340)

7On 20 September1605 Barberini reported that some English Catholics were lamenting the want of the sacramentof confirmation, etc. To this part ofthe despatch Paul V noted in his own hand: " Questoparticulare del sacramento della confirmatione fu trattato in tempo del P.P. Clemente. Non parve che fosse fatto di dar tuttavia d'amministrarlo a semplici sacerdoti, ne per adesso crearevescovi per non far crescere li persecutionicontra i cattolici d'Inghilterra" (R.O. Transcripts 9 , bundle 113)

have alwayse signifyed when occasion hath requyred) I hold it more convenient (seeing it must needs be donne sooner, or later) to doe it when the persecution ys at the worst, then in a calme , foryt ysevidentynough, that it woold rayse a greate persecution , though there were none, which wold make the Catholykes, at leastalltheweaker sort, greatly mislyke the institution ofbyshops, where as now in the extremity, yt could make things no worse then they are alreddy, and therefore truly my opinion ys, (as I have sayd) that it were not a misse, to doe it at this present with a condicion, nevertheles, which I once told to his hollynes, when it it [sic] pleased him to aske me my opinion therein, that whosoever shuld be made bishops for england, shuld be bound to residence , I meane, to remayne within the country, thoughit cost him his life, and of that mynd shall I be ever, feareing that otherwayse some ambitious humours may procure to have the dignity and after upon pretence ofdaungers (whichcan never want during these tymes of heresy) eyther goe up and doune other cuntreys begging, or become suffragans to other byshops abroad , ofboth ofwhich poynts we have seen sufficient experience in the yrish byshops and may well feare the lyke in our cuntry, yf good order be not taken, and this consideration his hollynes seemed to me to well to lyke of, which I am bold to signify unto you in confidence, Though whether he will put it in practyse, I know not, forthetruth ysthat inthese thingsconcerning ourecclesiasticall affayres, he will not stand eyther to his owne opinion, or to the conceyt of any privat man, but treateth and resolvethall things with the Cardinals of the inquisition, who use to sift matters to the bottome , and being many as they are, all very wyse, and of different humours, resolve, as it may welbe thought, without passion, or particular affection to any man or matter, and so was the resolution lately takento make a new Archpriestforthetyme, in that manner that yt hath benne donne, and therefore yf any goe about to contradict it, they are lyke to have a cold sute; our lord have you in his holly protection, from my old residence the 13 of June 1608

Covering and address no longer extant. Endorsed "1. 13 of June 1608

IV.

yours as my owne 2. Thomas Fitzherbert 13 June 1608." T.F.

FITZHERBERT TO SALVIN (BIRKHEAD), 21 June 1608

Milton House MSS. Holograph. Right Reverend Syr. I wrote the enclosed¹ 8 dayes agoe as you may see by the date, since which tyme F. parsons having had occasion to goe to his hol . hath delt with him aboutyour facultyes, who granteth

1 Evidently Fitzherbert's letter to Birkhead of 13 June. B

you all those, whichyour predecessor had, whereof we can fynd no copy here, and therefore have thought good towill you to see , whether you can fynd any amongst your predecessors old frends, yfyou can not get one from him self, or at least come otherways to understand what they were and thys we think better then to demand any thing particulerly, because his holynes ys so strict in those matters of facultyes, that we feare he wold not grant so much as was graunted to your predecessor, yf the same were demanded of him in particuler, And we presume that yf you can not come to know all that your predecessorhad, yet you may understand what he used to geve to any, and the same you may boldly practise, untill upon furder satisfaction , which we may do therather, yfyousett doune,whatyoudesyreto haveinparticuler, I meane in case you can not come to knowwhat your predecessor had

Perhaps it will not be amisse that you show or send the enclosed or send copy thereof, to Mr Mush² or to whomever els of the appellants you think good, thatthey may see , as wellyour desyre, and endevour, as ours here to satisfytheym in the matter of bishops, and thoughI have written yt of purposethatyou may show yt yf you think good, yet I protest unto you, yt ys very true in every poynt.

Here is no newes extraordinary, but that his hollynes, hath donne great honour publykly to the Erles of Tyron and Tyrconnel³ in dyvers occasions particulerly upon corpus Christis day, they and 6 more of theyr company only bore the canopy over the blessed Sacrament whichhis hollynes carryed. weheareforcertayn that there ys lyke to be a marriage betwixt the 2d sonne of the King of Spayne, and the daughter of france, and that they are to succeed the Archduke and the Infanta in flanders, and to be brought up there, in the meane tyme; and upon thys condicion the King of france laborethto make peace betwixt the hollanders and spayne; thys may be a great meanes (yf it be effected) to

2John Mush , one of the Appellants who laboured strenuously for the creation of bishopsfor England The want of restraint, however, shown in his letters to the Pope and the Cardinals as well as the exaggeration and distortion of facts, certainly known at Rome, could have been of little if any assistance to the cause he had so much at heart. In a letterto Ubaldini, Nuncio in France, 21 July 1608, Borghese asked him to let Mush know that his letter had been received, but added that it would be well to warn him dexterously to use greater respect when writing to the Pope " Sarà bene che avvertisca destramentea scriverecon termini di più reverenzaal Summo Pontifice " (Borghese to Ubaldini , 21 July 1608, R.O. Transcripts 9 , bundle 116) Birkhead himself realisedthis weakness of Mush and in a letter to Smith, 8 January 1610 , wrote : "Mush hath penned me divers letters in my owne name and in the name of the Assistants, but so breife and plaine as I dare not send them till theybe better tempered" (West Arch, IX, n 2)

3Sheamus O'Neill, Earl of Tyrconnell, and RoryO'Donnell, created Earl of Tyrone in 1606 by James I, fled from Ireland in September , 1607 , and arrived at Havre on October 14. Journeying through Belgium theyeventually reached Rome in June the following year (cf. E. A. D'Alton, History of Ireland , ii, c xii)

FITZHERBERT TO BIRKHEAD, 21 JUNE 1608 19

remedy the affayres of Christendome, as you will easily imagin, and therefore god send it good successe, and us all hys grace; in hast from my old resydence, the 21 of June 1608. Yours as my owne

T. F.

Addressed "To Mr George Salvin. " Sealed, and endorsed " 1. 21 of June 1608

2. Thomas Fitzherbert

21 June 1608."

V. FITZHERBERT TO BIRKHEAD , 27 July 1608.

Milton House MSS Holograph, partly printed in Tierney-Dodd , v, p. xxiv.

I have receaved yours of the 6 of June ¹with the enclosed one to Car Buf from your self, and one from D. Bavanto the protector, and another from D. Smith to hys holynes, and I hope that you have receaved synce you wrote yours, three of myne, one of the 24 of May or thereabouts , and one other ofthe 13 of June and the 3d of the 21 of the same , in which three letters I wrote amply unto you concerning the two poynts, ³wherein you ar so much pressed there, and you also urge in your letters, to wit concerning bishops, and two procurators to be sent hither from our clergy; and I dout not but that some resolutionwilbe takenshortly in the first poynt for (as I understand) the same ysseriously handled in theinquisition; and therefore I verily think that some thing will be sent you ere it be long from hence, to be debated and consulted there by you and our brethren ; in which respect I do not see that it ys to any purpose to urgethesecond poynt until the former be concluded; for satisfactionbeinggeven in the matter of bishops, the other poynt of agents ofthe clergy, will requyre other considerations, and must be referred to the bishops them selves to determin , as well concerning the number oftheyr agents, as theyr persons, which are not lyke to bealyke gratefull to every one of the bishops, who perhaps will chose every one hys owne agent; and therefore in my opinionyou may with great reason desyre those which urge these two poynts so much, to expect the resolution of the first (seeing it ys promised with speed) before they prosecut the latter, which in no sure and firme order can be taken now, yf the first be granted

* Nevertheless, the propositionyou make in theyr name for agents, both hath ben alreddy and shalbefurder intimated to hys hollynes, as well to satisfy your earnest desyres therein, as also

1 From " with the enclosed " to " unto you " is omitted by Tierney.

2The letterof Birkhead to Cardinal Del Buffalo may be that of 21 June 1608 (West. Arch., VIII, n 55). The letters of Bavant and Smithappear to be no longer extant

8 From "wherein" to " also urge " is omitted by Tierney without indication, but the fault is Dodd's, who failed to copy the passage.

4The nextthree paragraphs, i.e. down to " betwixt you "-by no means unimportantare omitted by Tierney.

to the end hys hollynes may fully know the state of thingsthere, (as he desyreth) and to that purpose I do take out the substance ofyour letter to me, as also ofthatotherto Card Buffalo , according to the copyyou send , and to-morrow, bygodsgrace, it shalbe presented to hys hollynes, and thys I will do the rather because Card Buff ys out of the towne, and wilbe until october at the soonest, and neyther can nor will, as he hath signifyed, furder deale in our affayres, especially our protector being here , as he now ys, who also, when he goeth hence, ys lyke to constitut another representative, by reason as well as of the other good Cardinals great infirmityofthe gout (which almost wholly hindereth hys negotiation), as also by reason of hys long absence . And therefore, as I remember, I advysed you in my former letters, that you shuld wryte no more to Card Buffalo, but wryte your letters so indifferently to all of hys quality that I may here make the superscripsion eytherto the protector him self, yf he be here , or els to any other that shall supply hys place, and thys I wold wish you henceforth to observe, and so no labour nor tyme wilbe lost, as there hath ben much losse of both by sending to Card . Buffalo in this his long absence

I am very glad to have seen the letter of my old and deare frend Mr d. Bavan,5 wherein he showeth great wisdome , vertu, and frendshipto you; and truly I know no one man in our clergy upon whose opinion I wold sooner rely, then upon his , in any matters whatsoever, and particulerly in those poynts which he toucheth, and for the matter of bishops, we find here by many letters and relations from those parts, that he only ys not ofthe opinion which he signifyeth, but very many other wyse men , who have sent hither theyr reasons to the same purpose; and therefore yf the matter be comitted to be debated amongst you there, I dout not, but you will fynd great diversity of opinions.

I am sorry that doctor Smiths letter cometh sealed, and without any coppy, especially seeing that yourself knoweth not the contents, for I make great dout how yt shall be delivered , by reason that the secretaries are wont to make great difficulty to deliver private mens letters to his hollynes except they know the contents; and to deliveryt with my owne hands to hys hollyness, not knowing what yt conteyneth, I wold be loth, though yt were for my owne brother; Nevertheless for thys once I will see what may be donne to deliver yt by some secretary ; but I pray you hereafter to send no mans letter to me especially for his hollines except such as you at least have seen , and will answere

5 Heis evidently referring to a letter of Bavant concerningthe question of bishopsfor England This seems to be no longer extant, but his views on the subject can be gathered from his letters to Birkhead of 26 November 1608, and to Persons of 28 March 1610 (infra) A sketch of his life is given in note 1 of the letter to Birkhead

6 In his letter to Birkhead, 23 August 1608 (infra), Fitzherbert writes that he hasdelivered Smith's letterby means of one ofthe Pope's secretaries , a friend of his

for the contents, whereby you shall also prevent greatinconveniences , to wit not to send litteras Bellerophontis ; I mean letters to your owne prejudice, which you may otherways haply do sometymes, as men ar humored in these dayes, thoughI hope no such dout can justly be made of d Smith, in respect ofthe frendship which yt seemeth ys betwixt you Though I have written amplyuntoyouconcerning theearnest mocion made unto you about agents for the seculer priests, yet because you think it very necessaryas you signify, forthe making of peace and unity, I would wish you to consider who and how manythey are that so much urge the same, for yf they be only of the appellants as I take them to be, and that they will have those agents chosen out of theyr number, as by all lykelyhood they wold, there will follow two great inconveniences, the one ys, that you shall greatly autoryse and strengthen theyr faction to your owne prejudice , seeing you shall acknowledge them still to be a body, as though theyr appeal was still in force , which ys fallen to the ground with the old Archpriest, and therefore now to suffer theym to assygne an agent eyther for theym selves or for the whole clergy, were no other but to nourishthem in theyr formerhumourof opposition, and to gevetheym meanesbytheyr agents to undermyne you and your autority which they haveso much ympugned in your predecessor; The other inconvenience wold be (7as I think I signified unto you in some of my former letters) that no one of that body (who shall still hold correspondence and intrinsical amity with the rest) will seeme to the greater and betterpart of english catholykes here, todeservecredit in this court, by reason that dyvers of that number and name ofappellants, have had, (as some also still have)8 intelligence with the heretykes, in so much that eyther by the agents theym selves, or els by theyr adherents and frends all our affayres in thys court, wold be discovered to the enemy no lesse , then we see by experience, they ar dayly in England; and truly thys Idare boldly say unto you, that the greatest part of english Catholykes here , and in all Italy wold hold those agents so suspected, that they wold not trust them in anything, yea and perhaps opposetheymselves totheyr admission here, as for my part Ithinkin conscience we are bound to doe for the good of the cause. thys I say in case the agents shuld be chosen eyther one or more by the appellants only, or out of theyr body. but yf the choyse shuld be made bythe whole clergy, of some quiet men that had not ben ofthe number of the appellants, me thinks you are to consider whose agents they are to be accounted, whetheryours or agents forthe clergy; yf yours I see no reason which may justly move you, to prejudice your self and your autority so much as to have your agents appoynted by your owne subjects, whereasit were fitthat

7 From " as I think" to " former letters " is omitted by Tierney The omission , however, is due to Dodd

8Cf. supra, Fitzherbert to Birkhead, 31 May 1608 , note 6

,

they shuld be of the most confydent frends you have, and depending only on your self, and yf they shalbe counted agents for the whole clergy, you shall acknowledge thereby, that your clergy is a body devyded fromyou, theyr head, andnot depending on you, yea, and as I signified before, you shall geve them both courrage and autority to attempt any thing agaynst you; and verily I think that the lyke president hath not ben seene , and that no superiour eyther spiritual or temporal would suffer it

And therefore that which you may well do in thys case to content them in my opinion is to make choyse your self of some quiet man and confident frend of yours, to be your agent here , agaynst whom the appellants can take no just exception forwith such, we, who are your frends here, will be also very glad to concurre, as occasion shall serve and no man more willing then myself whensoeveryou shalbe otherways provyded andyet one thing more Iwold wishyou and theymto consider, whichyshow your or theyr agents shalbe mentayned here, for yf you or they expect that hys hollynes shall gevetheymallowance, Iverilythink you will be deceaved, 10whereof I could yeld you many reasons , and some of theym grounded upon dayly experience yf it were needfull; and thus muchI have thought good to add tomyformer letters, thoughI thinkI have alsotouched the most ofthys before; but in thes cases I hold it better to say a great deale more then needs then any thing to litle, for abundans cautela non nocet; and so being very weary with wryting I take my leave recommending you to gods holly protection thys 27 of Juli 1608

Endorsed "1. 27 of July 1608

VI

yours as my owne

2. Thomas Fitzherbert " F.

FITZHERBERT TO POPE PAUL V , 27 July 1608

Arch Vat Borghese III/19 , f 134. Holograph.

Beaissmo Padre

Havendo ricevuto certe lettere d'Inghilterra con avvisi che mi paiono degni d'esser saputi di V.S. stimo esser il dover mio darne parte a V.S. per questa via.

L'Arciprete mi scrive per lettere di 12 del passato che doppo ilmartirio del p. Gervasio¹ non s'è sparsopiù sangue, me che s'usa gran crudeltà in cercare case, et confiscare gli beni delli catolici

Che l'ammonitione sua mandata a tutti gli sacerdoti, per conto del nuovo giuramento è stata intimata al Sigre Blacuello ,

9 From " and verily" to " suffer it" is omitted by Tierney.

10 From " whereof" to " non nocet" is omitted by Tierney

1 Blessed George Gervase, O.S.B. Cf. infra, Fitzherbert to Birkhead , 2 August 160s , note 2.

2 Birkhead's Admonition of 2 May 1608. Cf. supra, Fitzherbert to Birkhead, 13 June 1608, note 2

chefu Arciprete, et alli altri preti, che stanno nella stessa prigione,³ et hanno preso il detto giuramento , ma che non c'è apparenza fin qui, che habbiano da pentirsi del fatto loro, benche si spera, che tutti glialtri sacerdoti si conformeranno con la volontàdiV.S. che gli heretici non si mostrano molto offesi con la sua elettione all' officio d'Arciprete, per stimarlo per huomo quieto, et che gli preti appellanti, ch' al principio parevano haverla a male , ne sono contenti adesso, per havere lui usato ogni cortesia, verso di loro , benche alcuni l'importunano molto per due cose; l'una è che supplichi V.S. si degni di farvescovi in Inghilterra ; etl'altro, che possanomandarduoi di loro, per residere in questa cortecon nomi di procuratori o agenti de' preti secolari et questo èquanto scrive l'Arciprete

Con questa lettera dell'Arciprete è venuta ancora una altra per il Sigre Cardinale Farnesio, scritta dal Dottore Bavando , (il quale è il piu anticodelli Assistenti et stimato per il piu prudente et dotto fra di loro) et in dettalettera (come m'hadato ad intendere l'arciprete) il detto dottore, non solamente approva molto l'elettione che V.S. ha fatto della persona del detto Arciprete per quel officio, ma ancora mostra il suo parere intorno al far vesovi in Inghilterra, dicendo che gli pare, che non conviene di nissuna maniera mutare questo modo di governo per via d'Arcipreti, il quale gli pare convenientissimo al presente statod'Inghilterra ; et ancor che me persuado ch'il Sigre Cardinale protettore communichera la stessa lettera del detto dottore con V.S. con tutto ciò ho giudicatobeneaccennarequesto a V.S. acciochesappia fra tanto, che tutti non sono in Inghilterra del medesimo parere intorno al far vescovi là in questo tempo. Ho ricevuto ancora da Brusselle lettere dal Sigre Gullielmo Singletono Assistente dell' Arciprete d'Inghilterra, con avisi

3 The priests imprisoned in the Clink, Blackwell, Hepbourne and a few others who had taken the oath In the correspondence of these years they are referred to as the " Clinkers. "

4 In a letter to E. Farrington (Bennett) of 3 October 1608 Birkhead writes: "I have now alredie written to the farre place (Rome) twise about the matter (of bishops and an agent), and what hope of peace I have by mutual confidence of one another. Andtherfore whereas you praie god that Mr Mush his reasons may move, I feare your Reverence entreth not into the consideration that we ought to have, our affaires standing as they do, for I dare say you will judge with me, that seeing I have alredie intimated your forwardnesto peace and union, I cannot but in commonhonestieprosecute the course begun, til we see the issue; untill the tyme I spake with you first, all my letters wereto signifiewith what heate, violenceand passion I was pressed for bishopsand for Agents of my owne, but sincethat tyme I have ever written more caumely (calmly), and have given them hope of quietnes, and now finally haveso avouchedthe same in thesemy last letters, that I verily looke to have from them letters of joyfull congratulation " (West Arch . , VIII, n 74)

5 His views are given in his letters to Birkhead and to Persons infra

6Cf.W. Singleton to the Pope, 15 September 1607, and the Memorial, probably of the same date (Arch S.J. Rom. Anglia, 31.1 , ff 320-321 , and Anglia, 36.11 , f 263) W. Singleton came of a Lancashirefamily He was

riferitogli da un gentilhuomo di gran qualità novamente arrivato inFiandrad'Inghilterra, li quali, per parermi esseredi importanza, mando a V.S. qui inclusi , et cosi faccio fine bacciando gli piedi di V.S. con ogni humiltà, et pregando nostro Sigre che conservi la beatissima persona di V.S. molti anni per il bene della Santa Chiesa a 27 di Luglio 1608

L'humilissimo servo di V.S.

T. Fitzherbert

Translation .

Most Holy Father , I have received some lettersfrom Englandwith news which Ithink your Holiness ought to know and I therefore think it my duty to impart it to you through the present channel

The Archpriest writes on the 12th of last month that after the martyrdom of Father Gervaset no more blood was shed but that much crueltyhas been in evidence in searching houses and confiscatingthe property of Catholics.

That his Admonition2 sent to all priests about the new oath has been made known to Mr. Blackwell, formerly Archpriest, and theother priests who are in prisons and have taken the oath, but that there is no sign so far that they repent of what they have done, although we trustthat all otherpriestswill complywiththe decision ofyourHoliness. That the heretics do not show much resentment at his election to the office of Archpriest, because they look upon him as a quiet sort of man; and that the Appellant priests who were against it to begin with are now quite pleased with it because he has been very nice to them , though some of them importune him for two things: one is that he should askyour Holiness to appoint bishops for England, and the other , that they should be allowed to send two of their number to educated at Douay and ordainedpriest on 14 March 1587 (Knox, Douay Diaries, p 214) On 28 April 1590 he left for the English mission , and in the notice of the Diary of that date is describedas in artibus magister ' It seems probable that he took his degree abroad, possibly working for it during the two years between his ordination and his leaving Douay for England (ibid., p 230). On the appointment of Blackwell as Archpriest he was madeone of his Assistantsand in the subsequenttroubles sided strongly with him against the Appellants (cf. The Letter of Six Assistants to the Nuncio, 2 May 1601 , Naples Bibl. Brancacciana Sign. III, B. 3; his letter to Persons, 1 September1601, West Arch , VII, n. 58; his lettertotheProtector, 12 October 1601 , Naples Bibl Brancacciana , ut supra). .He was arrestedsoon after the GunpowderPlot,andthere are severalreferences to him in the State Papers connectedwith that event Exiled with forty-six other priests on 24 July 1606, he stayed at Douay for a short time and at the end of August journeyed to Rome with three or four of his fellow exiles, arrivingthere on 9 October of that year (C.R.S. , x, 74, Baldwin to Persons , Brussels , 2 September1606 , Stonyhurst, Anglia VI, n 63; The Pilgrim Book of the English Hospice, Foley, Records, vi, 586). They were warmlywelcomed bythe Pope and receivedfrom him no inconsiderablealms (LetterofPersons , 29 December1606, Stonyhurst Coll P., f. 447). The party arrived back at Douay on 20 January 1607. Two years later he joined the staff there as professor of theology, having meanwhile studied for the doctorate degree which he took at Trèves in 1610 (C.R.S., x, 99 and 103) He continued in that post till 1620 (Knox, Douay Diaries, p. 270), and seems to have been journeying to Rome in that year when he was taken ill at Liège At his request he was carriedto a house ofthe English Jesuitsin that city, and died there shortlyafterwards (Annual Letters of Liège, Foley, Records, v, 997)

reside at the Papal Court with the title of Procurators or Agents of the Secular Clergy. So much for the Archpriest's letter. This letter ofthe Archpriest was accompanied byanotheraddressed to Cardinal Farnese by Dr. Bavant (who is the senior of the Assistants and is held to be the most prudent and learned amongthem) and in this letter (the Archpriest tells me) the Doctor not only approves your Holiness's choice for the office of Archpriest, but also gives his opinion on the matter of appointing bishops for England, which is that there should most decidedlybe no change in the present method ofgoverning byArchpriests, a methodvery well suitedto the present state ofthings in England.5 I think the Cardinal Protector will hand on the Doctor's letter to your Holiness , but I have thought well to tell your Holiness this so that you may know now that not all are of the same mind on the question of creating bishops at the presenttime.

I have also received letters from Brussels from Mr. William Singleton, Assistant to the Archpriest in England, with some news which he got from a gentleman of quality who recently arrived in Flandersfrom England As I think it is important I send it toyour Holiness enclosed with the present letter With this I come to a close, kissing your Holiness's feet with all humility, and begging Our Lord to preserve you for many years for the benefit of Holy Church The 27th of July, 1608

Your Holiness's most humble servant, T. Fitzherbert

VII. FITZHERBERT TO T. WORTHINGTON , PRESIDENT OF DOUAI , 2 August 1608. Milton House MSS Holograph, partly printed in Tierney-Dodd , v, P. xxxvii

Good Mr President,

1 I have receaved your letter with the printed pamphlets concerning the processe of that Blessed martir, which I have distributed to some frends . I make no dout but itysilltaken by the Benedictines with you, and so yt wilbe by theym here , when they shall understand it, for they have prevayledtheym selves greatly of thatmartirdome, as the popes secretary told me a few dayes agoe. I verily think that they had secretly receaved him; and sure I am that before he went out of thys towne, he signifyed hys intention to be a benedictin, and I have seene relationsfrom

1Thefirst twoparagraphsdown to" Valladolid " areomitted by Tierney without indication of omission

2The martyr referred to is Blessed George Gervase, O.S.B. Educated at Douay College, he left for the English mission in August 1604. After his capture and imprisonment in England he was exiled in July 1606 , but returned to the missionin Septemberofthefollowing year He was arrested soon after, and on his refusal to take the Oath of Allegiance was martyred atTyburnon 11 April 1608. Dom Bennet Weldon states that shortlybefore he came to Englandreferring, no doubt, to his second missionin 1607he secretlyreceived the Benedictinehabit at Douay fromDom Austin Bradshaw (Chronological Notes, p 74. Cf. also Douay Diaries, C.R.S. , vols xand xi; and Challoner, Missionary Priests, ed J. H. Pollen, p 294)

3 Bentivoglio, the Nuncio in Flanders, wrote to Borghese, 24 May 1608: " Sonostati da me ultimamente li Pri Benedettini di Duaco e con l'occasione di quel Georgio Gervas dell' ordine loro, ch'il mese passato fu fatto morir dal Re d'Inghilterra, com' ho avvisato a V.S. Ill hanno essagerata grandemente la causa loro e con molta efficacia hanno procurato di farmi conoscer

England that he confessed it at hys arraygnment, though the adversaryes mistook it, as it appeareth in the pamphlet nevertheles all that which you affirme in the annotation ys very true excepting , that which concerneth hys intention, thoughthe reason which you geve, ys probable. Weexpect hourelyto heare from hys hollynes, what Cardinal he will depute for our judge in our cause with the benedictins , for it ys yet delayed In the meane tyme you shall understand that hys hollynes hath permitted that they, and you shall not remayne together in oune towne, but whethershall be removed, we yet know not, and I wold be loth it shuld be determined untill we be fully heard, whereof I think also thereys no danger, seeing for the present we urge no furder then to have a judge; but I pray you let that be secret, which his hollynes hath sayd, con l'esempio sodetto ch' essi vivono qui in Fiandra, come convienea buoni e fedeli religiosi e che la Religion loro ha quel fine che solo deve haveredella consevationeet avanzamento della fede Cattolica et che per consequenza si puo conoscer quanto sianfalse l'imputationi che lor vengonodati Mi hanno pregatoch'io voglia rappresentartutto alla StaSua di N . Sre et a V.S. Ill, etc." Borghese replied on 14 June that he had told the Pope of their zeal according to theNuncio's report, and would do all that he could for them (R.O. Transcripts 9, bundle 116)

4The dispute at Douay was closely connected with the troubles between the Jesuits and the Benedictines at Valladolid , which were occasioned by theexodusof many seminariststo the Benedictine Abbey in thesametowa This caused considerabledisturbanceand difficulties within the seminary, and at times somewhat ruffled tempers The Valladolid troubles had eventually been referred to the Holy See and were at this time sub judice Two of the Valladolid students who had joined the Benedictine Order there came to Douay,andeventually with the helpoftheAbbotofArras opened atemporary house for Englishmen of the Order with Dom Austin Bradshaw as Prior The presence of Englishmen in the Order seems to have attracted several ofthe students at Douay, who lefttheseminary to become Benedictines , or were sent away from the seminary when it was known that such was their intention. It was, therefore, desired onthe one hand that the English Benedictines should move their temporary foundation to a town more remote fromtheseminary, whilsttheBenedictines, on the other hand, having already begun the foundation there and secured patrons in that Benedictinequarter of Flanders, had no desire to leave the town, though it was more than once strongly suggested by Rome that for the sake of peace they should do so . The matter, however, was quickly settled; for the judgment given on 10 December 1608 by the Holy See in the dispute between the Jesuits and Benedictines of Valladolid was later declaredto be binding also on the President of the seminary and the Benedictines at Douay This wise decree seems gradually to have restored peace in both quarters, and none of the dire consequences feared by thenear presence of the Benedictinesappeartohave followed (On the Valladolid dispute cf. Jesuits and Benedictines at Valladolid, by Dom Bede Camm, O.S.B.; Troubles of Jesuits and Benedictines at Valladolid, 1603 , and St. Alban's Seminary, Valladolid, 1602-1608 , by J. H. Pollen, S.J., The Month, October 1898, September and October 1899. These three articles give the essentials of the story in a calm and dispassionate manner. Acopy of the decisionoftheHoly See, with the English and Italian versionsfollowing, is preservedin the Westminster Archives, VIII, nn. 78 , 79 , 80. Forthe Douay dispute cf.Douay Diaries, C.R.S. , x, 58 , 70 and 80 ff, and P.Guilday, TheEnglish Refugeeson the Continent, London, 1914, pp. 217224. There are several references to these troubles in the correspondence betweenthe Nuncio and the Cardinal SecretaryofState, R.O. Transcripts 9 , bundle 116)

untill we see the conclusion Don Anselmo geveth out here that the matter ys ended, by the archduke, by an order that he hath geven, that they shall receave no novices he hath made great sute to have a colledge or monastery for EnglishBenedictins here; but I understand it will not be granted, by reason ofthe inconveniences which are seene in theyr neyghbourhood to you and to the colledge ofValladolid. Tibi soli . I must in confidence desyreyou to advertise mewhether yf hys hollynes resolve to make some bishops for our country (wherein he hath ben of late greatly urged from England) you wold be content for gods greater glory and service, that the dignity shuld be imposed upon you, with condition to goe into England You know how much it importeth gods cause in our countryethat good men be chosenfor that purpose, and because there ys none in our clergy (except the Archpriest) as eminent, and fit for it as your self, and that I think my self bound so to testify, as occasion shall requyre, and yet may make somedout how you wold lyke the election of your self, in respect of the danger that ys to follow of yt, I have thought good to feeleyour owne disposition in all confidence, lest otherways you might think that I discharge not the part of a true frend, who , as I desyre that god may be served and honored by you, so I wish itmay also be to your contentment , no lesse then to your reputation and honour. Thysmatter of Bishops ys nowas Iunderstand earnestly consulted by hys hollynes with the Cardinals of the inquisition, whereof you shall heare more as I shall understand of any resolution taken therein, and in the meane tyme,I pray you answer me speedily and confidently to thys my demand.

"I think yt convenient thatyou send me with speed a letter ofprocurationtoordeyn meyour procuratorfor thematterbetwixt you and the benedictins, to the end that yf they take exceptions to me, and demand my commission, as perhaps they will, I may have some autentical thing to show; and thys I pray you also send me with speed and recommend the matter to god.

We have no newes here, but that thegood Earle ofTirconnel, was buried on teusday last having ben sick 8 or 10 dayes hys hollynes senthys ownephisicians to him in hys sicknes , and showed great care of him, and ordeyned that hys buryell shuld be very honorable, sending hys owne family to assist thereat; he made a very vertuous end conforme to hys vertuous lyfe, whereof I make no dout but he now receveth the reward , and so to our lords hollyprotectionI recommend you, and myself toyourholly sacrifyces. from Rome the 2 of August 1608.

Yours as my owne

T. Fitzherbert

5Dom Anselm Beech, who left the English College, Rome, to join the CassineseCongregationof the Benedictines , and was professed at St. Justin's, Padua (cf. C.R.S. , xxxvii, 74 , and Weldon, Chronological Notes, passim )

6 From "lest otherways" to " and honour. " is omitted by Tierney

7 From "I think " to " holly sacrifyces. " is omitted by Tierney.

8 You shal now understand that hys hollyness hathappoynted Cardinal Bianchetti for our judge, who is one of the inquisition, and a very intelligent man , and I hope will prove as favorable as so good a cause deserveth. you may do well to wryte unto him presently, taking knowledge of thys deputation of him by hys hollynes, craving hys lawful favour, laying downe some such reasons to move him as you shall think good, remitting him for the rest to me you may wryte unto him All' Illmo et Rmo Il Sigre Cardinale Bianchetti patronosuo Ossmo . Addressed "To the Right worshipfull my very Reverend friend Mr Doctor Worthington president of the english colledge

In Doway. "

Mark of seal. Endorsed " 1. Mr. Fitzherbert Rome 2 August 1608 about the monks suit of law.

2. Thomas Fitzherbert '

VIII. SWINNERTON (FITZHERBERT) TO BIRKHEAD,23 August 1608 .

Milton House MSS. Autograph, partly printed in Tierney-Dodd , v, p xli

Right Reverend ,

Yours of the 21 of June, with the enclosed, which were for his hollynes, and the other for the protector, the thyrd for Card Buff. and the 4th a copy of a letter from Mr Parker, ³ to the protector, as it seemeth, but the letter itself camenot withall ; belyke it wasforgotten. I have delivered thetwo lettersfor his hollynes, and the protector, and foras much as you demaunded in that to his hollynes, to know his resolutionconcerning the request made unto you by your brethren to send procuratours , I do solicit to have answere from his hollynes; which I hope I shall have the next weeke , to send you by the next post, thoughI was determined, as I wrote unto you in my last, to solicit only the matter of bishops for the present, because I cannot see, that any fyrme and certayne resolution can be made concerning the other , (at least for the election of the persons,) yf byshops be made but however it ys, seeing you urge it still, I will doe what I can to procure you answere, thoughI must needs say, thatthe reason which you add to the demaund, cannot but disgust his hollynes, forthatit showeth a strange aversion in the demaunders , not from some, but from all religious men without exception, seeing you

4

8 The postscript is omitted by Tierney without indication of omission

1 From " which were" to " and the protector " is omitted by Tierney

2 There are still extant in Birkhead's own hand drafts of his letters to the Popeand to Cardinal Del Buffalo of 21 June 1608 , to whichFitzherbert refers (West Arch , VIII, nn. 63 and 64).

3 Richard Parker, one of the Assistants to the Archpriest He had represented Blackwell in Rome during the appeal of 1602 .

4 From " though Iwas " to" procureyou answere " is omitted by Tierney.

say that they will not have ullos religiosos immiscere se etc. which must needs move his hollynes to reflect upon theyr small inclynation to peace, though you perswade yourselfethat theyr satisfaction in this, wold procure and furder it; but to tell you truely my opinion, I cannot for my owne part, expect that it can follow of the employment of men of that humour in this place, where of I shall not needeto say any more in this matter, because I have writtenunto you amply thereof in my former; only I will add , that my hope ys, that those which are of that opinion, are not eyther the greatest, or most important part of our clergy, for truely, to speake my conscience , it were a pittiful case,yfit were soe; and therefore I wold wish you to consider how many they may be that importunein this matter, and manner, (I mean with such a tooth agaynst religious men) and to take heede, least to content theym, you discontent a farre greater number, who I verely think, wold be loth to be thought to be of that humour.5

6 Whereasyou write in this your last letter as in your former , thatyou have confirmed Mr Singleton in his Assistency, you shall understand that he hath written unto me that it seemeth to him by letters, which he had lately received from you, thatyou doe , as it were , discharge him of it agayne, as having confirmed him agaynst the expressewords ofthe facultyes sentyou from hence , and therefore I have written unto him, that I verily think, he mistakethyour letter, for that, althoughyou have written atthis tyme of the difficulty which since your confirmationof him, hath occurred unto you, and ben urged by others, yet nevertheles , you doe not seeme to have revoked it, but doe rather signify the contrary. and truely for ought I see in your facultyes, (whereof we have heere the coppye) you have not transgressed theym, in confirming him, but rather performed theym, seeing you are advysed therein, to confirme those Assistants, that had behaved theym selves well in that charge, and although you have also power to choose ; and subrogat others in the place of those that are dead, or absent, yet the meaning ys not, as we take it heere, that eligere et subrogare should be understood in one sense , but the fyrst to be applyed to the supplyof those that are dead, and the later to wit subrogare to be performed in the place ofthe

5Cf. supra, Fitzherbert to Birkhead, 31 May 1608 , note 4

6 The next four paragraphs, practicallyhalf the letter, are omitted by Tierney

7 The faculties for Birkhead are in Westminster Archives (VIII, 1. 82) The pertinent passages rún as follows: " tamen ut illos quos in hoc officio hucusque laudabiliter se exercuisse repereris confirmes , in mortuorum vero , vel absentium, aut aliacausa vacantium, loco alios quos habita semper vitae , litterarum , scientiae, antiquitatis , prudentiae gravitatis ratione, judicaveris in domino expedire, eligere et subrogare [one word undecipherable ] possis et valeas

"Si quis vero ex his duodecim Assistentibus pro tempore mortuus aut captus aut alia causa impeditus fuerit, quominus officium suum implere possit, tibi facultas conceditur semper alium ejus loco subrogandi ita ut deinde protectorem ea de re literis admoneas . "

absent or imprisoned, during only theyr absence, or disability to discharge theyr office; on which respect we advysed you from hence at the first to confirme those two which were absent, and to substitut some others for theym to execut theyr office there, untill theyr returne; though it seemeth that Mr Singleton being in the place where heys, may assistyou greatlyin manyoccasions that may be offered to deale with theNuncioforyou, besyds that he mayassoone answereyoubyletter inanymatterofimportance, as he could doe from Lankyshyre, or out of the north, and ys also in possibility to returne to you, whensoever it shalbe needefull; and therefore yt wold seeme very hard that a man in his case and of his parts, and merits shuld loose his office; for which respect we were heere of opinion that you shuld doe well to confirme him, and the rather, for that he ys well knowne to his hollynes, since his last being heere, and well esteemedof him , having had dyvers tymes since, occasion to write to his hollynes of matters of importance, which have occurred in those parts. and thus much touching him .

I ame very glad to understand that your Patron' ys so well satisfyed, concerning the matter that you write of, thoughI can not but greatly mervel, that some learned men, as you insinuat, are so much scandalized with the fact, that they wold rather suffer torment then doe the lyke, where in truely you might have causedin me a great scruple, (for as muchas concerneth me) were it not thatIboth knowin my owne conscience , and also evidently see by your letterthat they groundtheir judgementupon a false foundation, supposing that the course ofthe busynesrecommended by your patron was stopped, which I assure you ys altogether mistaken , forthat the substanceof his letter, and particulerly the poynt touching byshops, was sett downe as effectually as might be, with convenient brevity and delivered, though by reason of the accidents, which followed after, as you know, there could be no resolution taken, nor yet sollicited. and this being most true, (as god knoweth, whome I call to witnes) I dout not but that yf the learned men you speak of, will add, but one dramme of good will,to an ounce of theyr good judgement, they will not so hardly censureour fact, neverthelesse, if they still persist in that opinion, I prayyou doeme thefavour to know, andsendme theyr reasons , to the end, that if they be of validity, we may heerereformeour erroneous consciences , and for my part, I assure you, (and I dare promise asmuchfor F.P.) that I will most willinglyacknowledge my fault, and crave pardon, when I shall see just cause, and reasonto move me unto it, and woold do it for a farre lesse matter, then I perceave this ys taken to bee

And one thing I will be bold to say furder according, to my smallskill,thatthoughan agent or friend shuld forbeare to execut

8 Cf. supra, Fitzherbert to Paul V, 27 July 1608 , note 6.

9Lord Montague Cf. supra, Fitzherbert to Birkhead, 18 May 1608 , note 8

his patrons, or friendsorder or desseyn, yea or hinder the course of some busynes of his, not of evil will, or intent to crosse him; but only out of a desyre to doe him service, or pleasure, I see no reason why such a fact shuld be held for scandalous, for however such an agent might erre in judgement , I could not for mypart condemme him in conscience , and sure I ame that in practyse the lyke faulethoutoftenbetwyxt princes and theyr embassadours or agents; and because I ame, as it chanceth, at good leasure, and use my mans hand, I will tell you an example that passed heere not many yeres agoe. The King of Spayne wrote to the Duke ofSessa his embassadourheere, to geeve notice totheDuke of Bracciana, other wayse cauled D. Virginio ursino, (the greatest subject in Rome) that he deprived him of his protection, and pension, because he went into England in Queene Elizabeths tyme, without his knowledge, and consent, the queenebeing then publyke enemy to Spayne; but the duke of Sessa judging it to be very inconvenient for the Kings service, wold not execut his order, and wrote to the king his reasons, which his majesty approved, though his former order was geven with the consent of all his counsel; and so DonVirginio hath still this dayremayned a dependant of Spayne; and many such other cases might be alleadged, to show that in practise agents are not so tyed totheyr patrons orders, but that they forbeare to execut theym, when they doe it with desyre, and intention of theyr service; but this our case was farre otherwayse, as I have signifyed, seeing there was no cours of busynesstopped, but meant to befurderedtothe full, and best content of your Patron, where in we presumed of his good opinion and assurance of our good will to him, and douted not but that he wold have allowed of our proceedings in his busynes, and taken the same course him selfe, if he had benne heere ,for such reasons, as I signifyed to you in my former letters, and therefore thinke now needeles to repeate theym.

Isendyou backthe letter to P10 as you desyre, but the other two were delivered for ought we know, or can remember to the contrary, and sure I ame, that there was no reason why we shuld open or withold theym.

I perceave you have many bad reports of Mr President our friend at Doway where of I wold you had mentioned some part, to the end I might have signifyed to you my opinionofthe truth thereof; for I make no dout but that he ys wrongfully charged, by reason of some controversyes he hath had of late with the Benedictins11 his new neyghbours, whereof I know the grounds reasonablewell (because the matter ys now heere at this present before his hollynes, committedto Cardinal Bianchetti one of the Inquisition), andI assureyou, that, for ought I see, he hath great reason in that matter, and so I verely think you woold say if you knew as much as I doe

10 Lord Montague's letter to the Pope Cf. ibid.

11 Cf. Fitzherbert to Worthington , 2 August 1608 , note 4.

As for the Colledge12 whichyou heare ys lyke to be sett up at Rheims by the King of france, I rather wish it then beleeve itfor I perswademy selfe that the kingys farrefromthat intention. I ame very glad to see you have helpe to write your letters, as I ame forced my selfe to have, and specially at this tyme, by reason of greate payne in my teeth. I almost forgot to advertyse you that I delivered Mr Doctor Smiths letter18 by the meanesof one of his hollynes secretaryes, who ys my frend, as I also gave the substance of your letters to me (concerning the demaund of byshops, and sending procurators hither), presentlyafter my last letters unto you, as I promised you to doe, and now upon your owneletter to his hollynes, I hopethe soonerto have answere Whereas you remit the delivery of your letters, or of the substance there of to me, you may assure your selfe, I will doe alwayse that which I shall thinke coram deo to be the best, and most convenient for the accomplishment of your desyre, or els ifI doe not what you request me, I will advertise you thereof; andofmy reason whichI hope you shall have no cause to dislyke; and so for this tyme I take my leave recommending you to gods holly protection, Rome 23 of August 1608

Yours as my owne T. Swinnerton.

14 I prayyou hartilycommend me to good MrD. Smith whom I knew in Spayne, and to Mr Parker when you see him, and yf I thought that you were lykely to meet with Mr D. Bavan as with the other I shuld also desyre to be most kyndly remembered to him , forI have honored and loved him manyyeres. youreletter to Card. Buffalo I send not because he is still farre out of Rome and hath geven over his office of viceprotector; and I have answered you in former letters concerning the facultyes thatyou requyre of him, or by his meanes. We have not only taken away the seale and name of the letter, 15 that we return unto you, but also razed out the yere and date and some 2 or 3 words which wold have discovered the author as much as the hand and seale, thoughyou gave me no commission in your letter to do it, but we presume that youre self and your patron wold wish it to be donne, yf you considered the reason that moveth us thereto; so that we see some things must be donne by discretion in absence of frends.

12Heis referring probably to the proposed college of writers which was eventually establishedin Paris Cf. infra, Fitzherbert to Birkhead, 27 June 1609, note 4

18 The letter of Smith referred to in Fitzherbert's letter to Birkhead, 27 July 1608 .

14All these postscripts are omitted by Tierney without any indication of omission

15The letter of Lord Montague to the Pope, whichhe demandedshould be sent back to him .

After all this upon better deliberation , fearing that yf the original letter be sent it may discover it self yf it shuld fall into evil hands (except it shuld be much defaced) we have thought good to stayit until we heare from you whether you will have it sent as it is , orthe coppy, which maybe razed yf you think good, where it shall seeme convenient , and the originalkept entyreand thys we do rather because we think it importheth not so much to send it speedily as safely at least by furder order from you, the peril considered in the meane tyme yt remeyneth here safe at your frends commandment. Cover and address lost Endorsed "1. 23 of August 1608

2. Thomas Fitzherbert."

IX

SWYNNERTON (FITZHERBERT) TO BIRKHEAD , 6 September 1608 .

West Arch VIII, n 69. Holograph draft, partly printed in TierneyDodd, v, p xliii

Right Reverend Syr.

Ihave receaved yours of the 10 of July, stilo vet. ¹and am glad to see that you have receaved those letters of myn which you mention and I hope that you have receaved also ere thys dyvers others written since, concerning those matters whereof you wryte; namely the facultyes which you requyre, byshops, and agents to be sent by your whole clergy. and whereas I was in hope ere thys tyme to have procured some dispatch from hence to you, concerning bishops, you shall understand, that although both F. pars and I have sollicited the same very earnestly , yet the matter being treated in the inquisition, as all other affayres of ours are , there are many delays; and yet I hope that shortly somewhat wilbe concluded; and forasmuch as I can perceave, the causeofthe delay growethin great part of manydifficultyesthat have ben written hither fromyour parts, for that howsoevermany or perhaps the greater part with you desyre to have bishops, and put no difficultyes, yet dyvers have written agaynst it, and sent many reasons to menteyn theyr opinion; and one difficulty proposed may hindera busynes more in thys court, thenmanysound reasons can furder it, and I thinkthat his hollines hath had more letters concerning that matter, from men of our nation, both in England and abroad, then we heare can come to know, in which respect , I made sute of late to hys hollynes that it wold please him to sendunto you thedifficultyesthat areproposed concerning thys to be answered and cleared from you, bythe advyse ofthose that labourforit, and furder to have the opinionofyour whole clergyor at least the greater part, concerning fitt subjects amongst you for that dignity (as I am well assured it was once before determined by hys hollynes and the inquisition),2 and

1 From " and am glad " to " whole clergy" is omitted by Tierney 2Cf. supra, Fitzherbert to Birkhead, 13 June 1608, notes 4 and 8. Cf. also Persons to Birkhead, 21 June 1608 (Milton House MSS .)

whereas I have sollicited withall, to have some resolution from hys hollyness concerning yourother request ofsendingprocurators , I have had one and the self same answere of that matter twyce (for I replyed to thefirst), whichwas that I should advertise you that hys hollynes will not that you permit any to come in any case ; andwhereasit seemed to me necessary that thesame shuld be written unto you, by our protector or vyceprotector or some Cardinal oftheinquisition, I replyed demanding some suchattestation which I did by the means of Cardinal Bianchetti our vyceprotectornow (in the absence of Card. Farnese) and he being also of the inquisition, and having treated the same matter before, with hys hollynes and the whole congregation and geven me that first answere some days agoe, hath also yesterday returned unto me the same answere to my reply and addeth furder concerning my other demand about bishops, that the matter ys now in consultation; and whereas I showed myself much greeved that I could not have hys attestation, he answered absolutely, that hys hollynes will not permit it, yea and that all the congregation ys against it, upon a reason which though he gave me no commission to wryte, yet I wilbe so bold to wryte to you in confidence to wit that hys hollynes having seene, that not only hys breves but also Card. Bellarmine's letter to the old Archpriesthave been soskanned , cavilled, calumniated , and finally publyshed inprint5

8 In a letter to Birkhead, of 5 July 1608, Persons writes: "His Hol said to me expressly that he would not have any sent hither for suiteof bishopsfor that it should not neede , for he would send the difficulties thither and they could say nothing more then he knew already for the having of Bishopsand willed me to so wryte to you, yet I pray you do not name me therinfor I know it will be yvel taken and so will anything else that shall fall out otherwisethen they desyre, though I have no part therin " (Milton HouseMSS .).

33

4That the briefs of the Pope were treated by some priests in England with scant respect is abundantly clear from the contemporary documents. The brief, that of 22 September 1606, it was said, contained no such words as mandamus et declaramus ; it had no anathemas; so it onlyexpressed the Pope's private opinion and was not meant to have binding force Oragain, it was all Persons' work and the Pope was badlyinformed of theconditions in England; Persons had concealed reasons and wayswhich would have made the oath acceptable The Popereally did notaltogether approveofthebrief: itwas issued bythe HolyOfficerather than bythe Pope himself . Thequestion of the oath, moreover, was not a matterof faith: so Catholics were free in the matter (cf. Avvisi from England, 10 , 17 and 18 December 1606; R.O. Transcripts 9 , bundle 114: an anonymous letter, but clearly from one who favoured the Appellant party and written between26 February and 24 June 1607; Bibl Vat Barb Lat , 2190, f. 47: Birkhead to Del Buffalo, 8 August 1607, and 20 April 1608, West Arch ,VIII, nn 42 and 55). In thislatterletter, referring to the second briefof the Popeof 23 August 1607, Birkhead reports that the priests in the Clink" exceptionesin singulis fere verbis quaerunt ' All this questioning ofpapal briefs was reallyan unfortunate legacyfromthe Archpriest controversy, when the same sort of thing was said of Cardinal Cajetan's letter appointing the Archpriest and even of the papal brief confirming that appointment

5Cardinal Bellarmine's letter to Blackwell, 28 September 1607, together with Blackwell's replytoit, 13 November 1607, was printed in A large Examination taken at Lambeth

ofMr. George Blackwell, which was published

(as of late all the world hath seene), ys resolved for thepresent neyther to send any more breves or answers in wryting, nor to permit any Cardinal to do yte; But thys I say I have no commission to wryte, only I am commanded to advertise you, that die 4 Septembris last past, Cardinal Bianchetti consulting with

for the English Government in 1608. The two briefs of 22 September1606 and 23 August 1607 were printed in King James I's Triplici Nodo Triplex Cuneus , published anonymously in February 1608

6Tierney (op. cit , v, p. xliv, n . 1) throws doubt on Fitzherbert's statement, which is tantamount to accusinghim of lying He adduces Persons's letterof 23 August 1608 in support of his assertionalluding, no doubt, to the postscript, which runs: "Even now comes a resolution from his Hol and the Inquisition, whichis to be intimated to you by Cardinal Farnese but Iknownot whether he can do so by this postor no . " The resolution referred to concerned those who submittingto the Pope's direction about the oath , yet had failed to return to the right path within the time prescribed by the Archpriest Persons adds : "Yfthere be any other matterit will be wryten to you. " Howthis can be saidto be opposed to Fitzherbert's statementis beyond comprehension ; for Cardinal Bianchetti, as Fitzherbert definitely states, only toldhimthereasonfor thePope's not allowing thewrittenattestation or a letter ofthe Cardinal "yesterday, " i.e. on 5 September That Persons, then, should not know of it on 23 August is hardlysurprising, and in no way militates againstFitzherbert's statement. The second piece ofevidence Tierney adduces for his assertion is a letter of Birkhead to E. Bennett of 3 October 1608 (West Arch ., VIII, n 74). The only passage of that letter that could have any bearing on the matter is the following : " We expect an orderfrom him (the Pope), who in such affairs is guided by the spirit of God, and assure yourself he will make no conclusiontill the objections (i.e. to having bishops) be fully answeredwhich I look for everic hour ..... If the Pope send the difficulties his resolution will depend upon our answer" This passage might possibly have some little forcethough it nowhere specifies how the orders or the difficulties are to be transmittedif Birkhead had already received Fitzherbert's letter of 6 September, saying that no writing was to comefrom the Pope or Cardinals But it is perfectly clear that he had not done so . The Pope's resolution, for instance, mentioned by Fitzherbert in that letter, that he will not have any agent come to Rome in the suit of bishops, is unknown to Birkhead; for his whole letterof 3 Octoberis taken up with sending Smith to Rome for that very purpose , with the answers well prepared to dealwiththedifficulties proposed This piece ofevidence , therefore, is utterly irrelevant : Birkhead not knowing that no letter was to be expectedfromthe Pope or Cardinals provesjust nothing. Finally he adduces thefact, attested bySmith's letter of 5 July 1609, that actuallythe Cardinal Protector did write to Birkhead But that fact helps little; for it was over eight months after Fitzherbert's letter of 6 Septemberthat the Cardinal wrote; and even a Pope is allowed to change his mind in that time. Fitzherbert gaveitclearly to be understood that it was onlya temporary measure-" for the present" That the Pope insisted on Fitzherbert himself communicating theresolution is evidenced by a letter of Persons to Birkhead of 13 September1608 Fitzherbert , " he writes, " will write unto you the answer that is gyven by his Holines about the not sendingnew agents hither, though twice he replyed thereunto , and would have declined the obligation to writeit untoyou, but his Hol.commandedhimthe second time as also he commandedto besignified that he misliked the new forme of oath. " Cf. also Persons to Birkhead , 4 October 1608 , of which the relevant passage is quoted infra, Fitzherbert to Birkhead , 4 October 1608, note 3. Tierney's treatment of the matter, indeed , is anexample of his muddle-headedness, his jumpingto conclusions from the documents without carefully examining them and seeing what is their real bearing It is unfortunate when it results, as it does in this case , in aspersing the character of another. " Mr

hys hollynes whether it was hys pleasure that you shuld send procuratorsor agents hether for the secular priests or clergy of England (as dyvers of theym there had instantly requyred you) hys hollynes answered that he did not think it needful or convenient and thys ys all that I can procure for your satisfaction in that matter; and yf any of our brethren there, do think that I saye or devyse this he may do well to wryte to hys hollynes that I have sent such an answere from hym delivered to me by Cardinal Bianchetti in the forme aforesayd at two several tymes

7But herebyyou may perceave that you must look for no other resolution from hence for a tyme but only verbal , I meane without any testimony in wryting from hys hollynes or the Cardinals, as I think you shall furder understand from F. Pars. concerning the new formes of othes, whichmatter he had alreddy negociated, upon advyse from the fathers there, before I receaved yourletter touchingthe same ; nevertheless I did presentlyadvertise hys hollynes what you wrote to me thereby, and that you had sent me a forme of oth presented to you, to geve to hys hollynes, which (as you signifyed) I forbore to do, because it was no other, but that which F. parsons had geven to him before; and finally I advertised him that you wrote to me, that being re(qu)yred to geve your opinion of that forme of oth you refused to do yt, untill you shuld heare from him, and that you were determined to resolve no such matters, inconsulta sede apostolica, for soyou wrote to me, and so I signifyed, whichno dout ys well lyked by hys hollynes. But now because F. pars hath receaved also two other new formes and newly presented the same , the resolution must be expected, until they be well consulted in the congregation of the inquisition.8

I thank you hartily for your newes of the miracle, and the copy of the breve which I presentlysent to hys hollynes wryting unto hym, that I receaved it from you; many of the Cardinals have also seene yt, and are muchedifyed thereby. I pray you do me the favour, to informeyourself very substantially concerning the flowers that you wryte were found, fresh and odoriferous, to advertise me agayn of that particuler; and whetherin diggingthe grave they felt not a sweet and odoriferous smell , before they

7From" Buthereby" to the endofthe letter, " hence hither," is omitted by Tierney.

8 Cf. infra, Fitzherbert to Birkhead, 4 October 1608 , note 3

9 The "miracle" is related in a letter of Persons to the Pope of August 1608 (Stonyhurst Coll P. , f 464) " In addition, " he writes, " he (the Archpriest) tells me of a miraculous happening of which I thoughtit well that your Holiness should be made aware He says that a certain Doctor of Laws happened to die and that when they were digging his grave in one of the London churches they came across the body of a knight who died 200years ago and that his body was incorrupt, and the flowersthat had been throwninto the tomb withhim (according to the custom in England) were found to be freshandquite fragrant Onthe body was a bullofPopeBoniface, a copy of which I am sendingto your Holiness enclosed with this'

cametothe bodyor flowers, forso sayth a pilgrimehere , whowas in london at the same tyme, as he affirmeth; and I wold gladly know , what day ofthe month it was found, yf you can learn yt, and what the protestantssay ofit.

I will troobleyou no longer at thys tyme, being very weary withwryting, only I can not omit to advertise you, that my lord Rosse10 coming hither oflate, had a man of hys, (or as some tearme him) an overseer, cauled Mole, taken out hys bed the very first night bythe inquisition, and the day after he receaved a message from the hollyoffice, to hym self and the lord St John (who was thenalso newlyarryved) that they shuld be secure fortheyr owne persons, yf they committed no scandal, with commandment also that they shuld not depart Rome, without leave; yt seemeththey are not yet out of feare, though I ymagin they are lyke to have no hurt, yf they geve no cause, he that was taken, had, no dout , donne or sayd somewhat at florence, and (was) watched from thence hither , our lord have you in hys protection6 Septem. 1608

T. Swynnerton

Cover and address lost and the endorsement with them

.

X. FITZHERBERT TO WORTHINGTON, PRESIDENT OF DOUAY , 6 September 1608

Milton House MSS Holograph. Good Mr president,

Iam sureyou long to hearewhat passethhereinyour bussines with the Benedictins all I can tell you yet, is that Don Ansel-

10 The eldestson of Thomas Cecil , Earl of Exeter, by his first wife He derived the title of Lord de Roos from his mother He was converted to the faithat Florencein 1608. Persons , in a letterto the Popeof 6 July 1608 , thus relates his conversion. "In the third place," he writes, "I am sending a letterfrom the same Neapolitan fatherthat is to say, Chiripandowritten from Florence, on the subject of the two English Lords, who now by the grace of God are, together with their servants, converted to our holy faith secretly, a matterof considerableimportance for their security And, besides being near relations one to the other, and men of very high position, that is to say heirs of the greatest houses in England, the Baron is a still more importantman on account of the present influence of his house , his father beingthe earl of Exeter, a Councillor of State, and elder brother of the Lord Robert Cecil , Earl of Salisbury, Secretary and chief Councillor , and lately made also Grand Treasurer of the Kingdom.

" The matter on which the father promises to write by the next post, for yourHolinessto see , about the English prince and the hopes that can be placed in him , deserves much consideration, especiallyif this LordCecil goes back to England a staunch Catholic; for no man will be nearer the prince than he; and if God should have ordained that a member of the house of Cecil which has brought religion to ruin in England, should come to restore itin thisway,itwould bea wonderful signofhis divine providence Ihumbly beg your Holiness that the Nuncio at Florence may be instructed secretly andprivatelytostir up the enthusiasmof the twoofthem as muchaspossible and especiallyofLord Cecil, whois calledLord Ross" (Arch.Vat. , Borghese IV , 86, f. 130). William Cecil, Lord de Roos , died at Naples in 1618

1 Cf. supra, Fitzherbert to Worthington , 2 August 1608 , note 4.

mo² hath (with the advyse and assistence of the procuratorgeneral of theyr order) besought hys holines to command thattheyr matterswith the fathers and you, may be handled examined and determined by the whole congregation of the inquisition, and not stand only upon the relation of Cardinal Bianchetti, and they left with hys hollines a memorial to the same effect, and the day after notifyed to theCardinal, that the popes hollines had geventheym order, to informe the whole inquisition, and the same also they signifyed to F.parsons(havingbelyke mistaken something thathys holynes had sayd unto theym), for within two or 3 dayes after, hys hollynes sent theyr memorials to Card. Bianchetti with order to heare and relate the cause as before, and notwithstandingthey have ben tampering since, by other meanes to have yt out of hys hands, but in vayne, and, as I understand, the whole congregation hath ben disgusted with thys theyr manner ofproceding . so that nowthey must passe by his hands, who nevertheles, they may be well assured will do theym no wrong. they geve up nothinginthysworld in wryting as yet eyther agaynst the fathers, or you, and the truth ys, yt ys alreddy evident that they have nothing to say of substance they urge to have our wrytings and complayntswhich the Card refusethto geve theym except they will put in theyrs agaynst us, so that we stand expectingwhat they will do. yesterdaythe cardinal told me that theonly thing whichthey objectagaynst you, in theyr own defence, ysthatyou are altogether ruled in thys, by father parsons and the Jesuits and that thys your demand of theyr remove from doway, procedeth ratherfrom theym then from you, whichIflatly denyand have showed some of your earnest letters to me and urge the reasons,whichoftheym selves are sufficient to move you to desyre to be separated from theym; finally I still insist upon thys poynt that what composition so ever be made betwixt theym and the fathersfor other colledges, there can be none made withyou, but to remove eyther theym or you, for that your colledge being as it ys, ther can not be such disciplin observed as in the colledges ofthe fathers, in respect, that many of your schollers lye abroad in the towne, which can not be helped, for lack of sufficient lodgingwithin the house. besydes that I urge much the practise of F.Whytewith the Embassadour and the heretykes,4which ys

2 Cf. ibid., note 5. Dom Anselmo was procurator or agent for the cause of the Benedictines in Rome just as Fitzherbert was for the cause of the seminary of Douay.

3Tierney has printed a Memorial on the Benedictine side, op cit, iv p. ccviii

4There is a paper in the Westminster Archives (VIII, n 23) entitled "Rationes quare non expediat Religiosos Anglos Ordinis S. Benedicti Duaci residere , " in which among other things it is stated that the superior of the Benedictine house at Douay, presumably Dom Augustine Bradshaw , alias White, is suspected of having dealingswith the EarlofSalisbury, etc. Reference is also made toW. Giffordupon whom, indeed, the documentsnow available throw very considerablesuspicion, to put it at its lowest, though

sufficiently proved by the depositions that I have presented so that we must now expect what wilbe the end, thoughI think yt wilbe some dayes or perhaps weeks passe before there can beany conclusion, and in the meane tyme, I long greatly to heare from you, and to have a letter of your owne to Card. Bianchetti which I requyred, when he was first appoynted to heare the matter. In the meane tyme I do dayly recommend it to god to disposeofyt to hys glory and the good of our cause and so for thys tyme, I take my leave, recommending my self hartily unto you and you to gods hollyprotection from Rome the 6 of September 1608 your as my owne T. Fitzherbert.

Addressed "All Mto Ille, et Mto Rdo Sigre Pr'on mio ossmo il Sigre Dottore Worthingtono presidente del collegio Inglese di Duaco . Doway"

Mark of a seal Endorsed "

1. M Fitzherbert Rome 6

XI. Sept 1608 aboutthe quarrellbetwixtDr Worthington & the EnglishMonks

2. Thomas Fitzherbert 6 Sept 1608."

FITZHERBERT TO BIRKHEAD , 4 October 1608 .

Milton House MSS . Holograph, partly printed in Tierney-Dodd, v, p li

Right Reverend Syr, ¹I have even nowreceaved two ofyours of the 28 July and the 4 of August so late that I shall not have tyme to answer you fully by this post concerning the many matters that you have touched in yours, but what I can not now performe shalbe satisfied at my next oportunity.

at the time of his suspicious activity (1605-1606 ) he had not entered the BenedictineOrder, but was still Dean ofLille (cf. supra, Fitzherbert to Birkhead , 31 May 1608, note 6) Dom Bede Camm states categorically that the above Memorial was drawn up by Persons , though he gives not a single reason for his assertion This is, frankly, uncritical The Memorial is not in Persons's hand, nor has it any endorsement There is nothing , in fact, toshow thatit was written by Persons . It seems far more probable in view of his statement above that it was drawn up by Fitzherbert, seeing, too , thathe ,notPersons, was Procurator forWorthingtonin Rome ButWorthing- ton was quite capable of penning the Memorial himself; for we knowthat he did send memorials to Romeconcerninghis dispute with theBenedictines (Nuncio to Borghese, 20 January 1607 , R.O. Transcripts 9, bundle 115) Moreover, Dom Bede himself states , though hereagainhe gives no authority, that the Nuncio assured Dom Bradshaw that the Jesuits were not at the back of the opposition to their settling at Douay (cf. A Benedictine Martyr in England, London, 1897, pp 196 and 197, note). As a matter offact Bentivoglio, the nuncio, after examining into the matter, did exoneratetheJesuits . In a letter to Borghese of 28 May 1609 he writes: "E perche, come sa V.S. Ill sospettaronoi Benedictini e qualche altro ancora, che i seminaristi non fossero fomentati da i Padri Giesuiti, per argomenti , che poi non sono riusciti ben fondati, etc. (R.O. Transcripts 9 , bundle 117). The Jesuits themselves had already given Dom Anselmo the same assurance (cf. Tierney, op.cit., iv, p ccxvi). 1 From "I have" to " In the meane tyme " is omitted by Tierney.

FITZHERBERT TO BIRKHEAD, 4 OCTOBER 1608

In the meanetyme I am to advertise you, that since my last wherein I gave you to understand the resolutionof hys hollynes geven to Cardinal Bianchetti the 4 of September, concerning the procurators that your brethren desyre to send hither in the name of the English Clergy, (viz that hys hollynes doth not think yt convenient that any such shall come) I have furder understood by Cardinal Bianchetti that hys hollynes considering theinstance made unto him here partly by your letters, and partly by F. parsons and my self, concerning bishops to be grantedfor our country, resolved to geve answere unto you by the means of the nuntii in france and flanders, commanding Cardinal Bianchetti to wryte unto them, and to advertise theym in hys hollynes name, that hys pleasure ys, they shall call before theym, all the English Catholykes resident where they remeyne, and signify unto them, that whereas hys hollynes hath ben sollicited in the name and behalf of the English Clergy to grant theym bishops, he wold willingly do yt, yf he could understand that the same request proceeded from an universal desyre of all the wholl clergy , and that they all did by an universal consent nominat some such as shuld seeme unto theym worthy of that dignity ; and thys hys hollynes commanded; that the nuntii shuld signify unto the english, as I have sayd, by word of mouth only, without geving anytestimonytherofin wryting, forsuch cause as Iwroteuntoyou in my last ; though no order is geven for ought I know that the cause shalbe signifyed, why hys hollynes forbiddeth hys nuntii to geve any testimony thereofin wryting; and therefore I wrote yttoyou onlyin confidenceinmy last, to be impartedtoconfident frends, as your wisdome shall think good

2 From " and thys" to " shall think good " is omitted by Tierney.

3 Cf. supra, Fitzherbert to Birkhead, 6 September 1608 , note 6. In a letterof Persons to Birkhead of4 October 1608 one paragraphruns:"Now Sir thentocometosomeparticulars, after I hadgeven myopinion (beingdemanded) infavourofBishops, which was ineffectto referthe matterbackinto England againe as before I signified I was called by Cardinal Bianchetti and commanded in the name of his Hol to write the answer into England, both in that poynt, anu in the poynt of 2 or 3 new formes of othes, which had byn sent to his Hol by his Nuncios (as I suppose) bothin France and Flanders , but I desyred the Cardinal to reply unto his Hol and the Congregationof the Cardinals of the Inquisition , from whom the order came , that albeit I might wryteit to our Fathers of whom I had the charge, yet I desyredhim to pardon me for writing to you, for that it might offend others, wherupon neworder was taken that it should be written by the Cardinal to the foresaid Nunciiin france and Flanders, from whom no doubt you will heare theparticulars , and I make accompt that Mr Fitzherbert will enform you alsomore largely: so as by this you may see I do shake of as much as I can alloccasion of meddling, or having to do in yoursaid brethrens affayrs, as theyaccompt them , and all for the love of peace, if it may be had, and you should dome a great pleasure in sparing to write anythingof theirs unto me whichyou may dispatch by other meanes, though I shall never weary to serve you whereinI may notwithstanding anycontradiction whatsoevereyther oftheirs or others" (Milton HouseMSS .). Alreadyearlier he had written to Cardinal Aldobrandino, the Secretary of State, in 1604: " One point among others that I wished to mention to your Eminence was that Iunderstand certain

33

Together with thys answere concerning bishops hys hollynes also ordeyned that the cardinal shuld signify in lyke manner to the nuntii that he had seene two or three different formes of new othes framed in England, to be taken by the Catholykes, and that hys hollynes doth utterly mislyke and disallowtheym, and commandeth all Catholykes that they shall not take theym or any such as do eyther directly or indirectly impugne the autorityof the sea apostolyk; and that thys shalbe signifyed also to the English catholykes , by the sayd nuntii in france and flanders , by word of mouth only without testimonythereofin wryting, for the cause that I signifyed in my last. and thys was the effect (as neere as I can remember) of that which was related unto me by Cardinal Bianchetti, who sent for me of purpose to acquaynt me thereofand, as I take it, thys resolution concerning the othes , and bishops, was taken by hys hollynes in the congregation of the inquisition, the 18 day of September, as the Cardinal signifyed unto me, and though I make account that you shortly heare of thys, to the same effect, from France and flanders, yet I could not omit to advertise you thus much, for your furder satisfaction , yf the other advertisement shuld chance to be delayed. For the matter of the bishops, I hope hys hollynes answere may make our brethren with you perceave, that we have not ben individuals are showing signs of being offended because it is my habit to report to a few eminent persons who press me to do so , but mainlytoyour Eminence and to Cardinal Farnese, our Protector, whose business it is to know these things in order to report them to our Lord, the Pope, some of those matters which come to mefromauthentic sources in letters and printed documentsfromEngland; as though I did notdesirethe conversionor welfare ofour king; though Godknows how far that is fromour thoughts anddesires seeing that we are saying prayers and doing many kinds of penance every dayin this college for his Majesty's conversion and salvation. But even so we can only tell your Eminence the truth about what happens and what is told us by Catholics, who write from knowledge and with all care. And these things,to be sure, as I havesaid,I only report to persons whose business it is to know them, for it seems to be right that our Lord the Popeand your Eminenceshould know everything that is written to us, so as to be able the better to judge what remedies are required; though I confess that there are not a few matters on which I have kept silence , out of consideration for a few persons who might be offended , as mentioned above Your Eminence must direct me how to act in all this, and do me the kindnessof defending me with his Holiness, if any lamentation about this matter should come to his earsand complaints against me; for if his Holiness willconsiderhow past events have succeeded one another, he will readily see how true ourreports have been; though we cannot vouch for them altogether, because thepeople themselveswho send them are sometimes deceived , in spite of their being in other respects persons of prudenceand experience I wishedto place the whole matterbeforeyourEminence, as being a very prudent personand my particular patron (Persons to Aldobrandino, 6 May 1604, Arch Vat , Borghese , III, g 2, f 49) The negotiationsreferred to in Fitzherbert's letter seem to have been the same or a continuation of those mentioned in his letter to Birkhead of 13 June 1608 , supra, note 4

4 From "and that" to "acquaynt me thereof" is omitted by Tierney.

5 Therest oftheparagraph,withthethree following, from" andthough " to " for the present, " is omitted by Tierney.

unwilling here to get theym what satisfaction we might, seeing nowyt ys in theyr hands, to procure such a general and universal testimonyoftheyreuniforme desyre, in thematter ofbishops, and offit subjects amongst theymfor that charge, thatthey may well expect a good effect and issue thereof to theyr lyking, which I leave to your and theyr consideration.

And as for the other matter concerning the new formes of othes; I feare me hys hollynes answerewill geve litle satisfaction, becauseit doth not appeare, therebywhat were the wordsofthe othes , whichhis hollynes doth disallow ; only I can advertise you, for your privat satisfaction , that the forme which you sent me (and was presented to the counsel with a memorial in the name of the clergy), was one of the two or 3 and truly I can not but wonder at the boldnes of him thatexhibitedthe sameinthename of you and all the rest of the clergy as well religious as others , seeingbothofyou and manyothers of theymdo utterlydisclayme from any approbationthereof, as hys hollynes hath well understood dyvers ways, and particulerly concerning you, which I thought good to advertise him for your discharge.

Concerning the douts that you proposed; I must havetyme to conferre theym, with our Cardinal viceprotector (who ys Cardinal Bianchetti for the present), besydes that hys hollynes being at frescata for some dayes, nothing of ymportancecan be dispatched, until hys returne, whichwill be towards allhollowtyd; whereof you shall heare furder, and have the best satisfactionI can procure you, as opportunity shall serve. only one ofyour douts I can satisfy, forthat you touched yt in one ofyour former letters, and I conferred it with Cardinal Bianchetti, though I think I forgot to advertise you thereof, viz. concerning the exception takenby the priests in theClinkat your admonition , because it was ad omnes, and not ad singulos, as the breve ordeyned, whereat the Cardinal laughed, and sayd yt was mere cavil; and to the end thatyou may make the more account ofthys opinion, you shuld understand, that he ys a great lawyer, and was an auditor of the rota before he was Cardinal ; and thys ys all I can say to your douts for the present

And whereasyousignifytomeas in all yourformer,thatsome there do much mislyke your correspondencewith me no lesse or rather more thenwith F. parsons; trulyyou shall dome a singular pleasure to ease me of my burden therein; as I have written unto you in former letters. But whereas it seemeth that you hold those men to be the bodyof our clergy (or at least they will seeme to be), I must needs say, that I hope in god, I have not so yll deserved of the whole clergy of England, as to have such deep exceptions taken unto me by the whole boddy, yea or by the

6 Birkhead's Admonition of 2 May 1608. Cf. supra, Fitzherbert to Birkhead , 31 May 1608 , note 2.

7 From " whereas it seemeth " to " exceptionsagaynst me " is omitted by Tierney.

tenth part thereof, and therefore I can very well for my owne comefort distinguishbetwixt those few thattroobleyou with those clamours, and the boddy of our clergy, and am not ignorant of the former proceedings of some such (yf not of the same men) who used the name of all the priests in England, when theywere but a very small number in respect of the rest, and so I make no dout, but they are still, and it well appeareth by the late memorial and new forme ofoth exhibitedin the name of you and all the rest of the clergy, that the same humour of usurpingthe name of a boddy and multitud rayneth still there in some of theym8; and therfore as I do comfort my self with the consideration thereof in thys theyr exceptions agaynst me so I wold wish you also to consider, whether it be convenient for you to venter to discontent a farre greater number of quiet men , or (as I may rather truly say) the boddy of our clergy, to satisfye thise few that molest you, and for ought I see, will never rest untill you breake eyther with your best frends and a great number ofgood men , or with theym, wherein I beseech god to direct you to hys glory and your owne comefort . I shuld be hartily glad to see some agent hereofyours, that might be a quiet man and confident unto you, 10wherewith I hope hys hollynes wuld be contented, though he lyke not that some shuld come as procurators for the whole clergy (as I have alreddy signifyed unto you), and with any such frend of yours I will concurre only11 so farre as he shall think convenient ; for I assure you, I do not use to intrude my self into any mans bussines. nevertheles, I must needs tell you, that whosoever cometh hither for you, or others , I can not loose allcare ofgodsservice and cause in matterstouchingmy cuntrye, but will ever be bold to signify my mind to hys hollynes and others here , as I shall thinkit needfull and so forthis tyme being very weary, and benighted, I take my leave in great hast this 4 of October 1608

Yours as my owne T. Swynnerton

Covering and address lost.

Endorsed " 1. 4 of Octob: 1608

Swinerton

2. Thomas Fitzherbert."

8 Cf. supra, Fitzherbert to Birkhead, 31 May 1608 , note 4

9 Tierney, following Dodd, misprints " also with them " for "or with theym, " and omits from " wherein to comefort ' 33 " "

10 From "wherewith " to " signifyed unto you)" is omitted by Tierney without indication of omission

11 Tierney omits the word"only. "

XII. SWYNNERTON (FITZHERBERT) TO SALVIN (BIRKHEAD

), 11 October 1608

Milton House MSS. Holograph

Right Reverend Syr.

Iwroteto you 8 days agoe to acknowledge the receat ofyours of the 23 ofJulyand the4 ofAugust , promising thereinto send you the resolution of the douts you propounded therein at my first oportunity, which at thys present I can not performe because Cardinal Bianchetti went upon a suddayn to frescata, where he ys at thys present; and as I wrote in my last, thys being a tyme of vacation, here wilbe litle negotiationuntil alhollotyde. Inthe meane tyme to tell you our opinion here , concerning the hearing of the masse of the priests in the Clink, we think that seeingno excommunication hath passed agaynst them (for any thingthat we know) there ys no dout but that theyr masses may be heard, though they have lost theyr facultyes; it may be you suppose they are excommunicated which is more then we know .

Whereasyou earnestly desyreto knowmy opinionconcerning somemeanesto satisfyyour brethrens request etc F. parsons and I have conferred about it, and he will wryte unto you what hath occurred to him for your and their satisfaction in that poynt, 1 whichseemethto me a good meanes to content theymwithreason , for other things I referre you to my last only I am to request you to commend me very hartily to Mr doctor Weston, though unacquainted with him , except I saw him ones at doway when I passed that way with the duke of feria, and I pray you tell him that I perceave by a late letter of hys to F. parsons, that

1 In a letter to Birkhead of 12 October 1608, after suggestingthat the reason for the prohibitionof sending agents to Rome was that the Pope perhaps supposed that the chief cause of such a mission to be to petition for bishops , Persons furthersuggests the following wayout of thedifficulty: " wherefore , " he writes, "I have thought with myself that if there wereany other cause for his (the agent's) coming hither as to see this citie for his privat devotionsor otherwise, that may notcontradict his hol order ,Iwould be glad therof and afterwards when Mr Smith should have byn heer some tyme, or as soone after his arrival as you pleased, you might send him a commissionand in the meane space he might both treate and speak inmatters that shall occure as a man experienced in them and your confident frende yea and performe all other good offices, so he may trewly say that he is not sent contraryto his hol order about sollicitation of the matter of bishops, for it is likely and almost certayne that his hol will demandethe question ofhym at his arrival here " (MiltonHouseMSS .) It is to this plan, no doubt, that Birkhead refers in a letter to Smith of 2 May 1609, when the latter was already on his way to Rome. "I am well assured , " hewrites, " they (Persons and Fitzherbert) could not possibly have notice of the course I have taken , as I easily perceave by the date of ther letter, and yett in the said letter they have given me advice to send my agent almost even in the verie same manner and forme that I have sentyou alredie, whichI assure you I cannot but take verie kyndly at ther hands" (West Arch , VIII, n 102)

a Doctor E. Weston, who did his studies at the English College, Rome , from the year 1585 , took his doctorate in theology after leaving the College, and then taught for many years at Douay

amongst other learned and laudable workes of hys, now in hand he hath one to prove that the catholyke religion ys most fit for the government of state, which ys the special subject of a treatise which I have now in hand, and ys almost reddy for the presse, in discharge of my promise made in the first part of the sayd treatise concerning pollicy and religion, ³ printed above five yeres agoe; though it may be he hath not heard of it, and much lesse seene and read it; nevertheles I heare it hath bin and ys currant among the heretykes howsoever it ys I wold we might have conferred by letters concerning our handling one and the self same matter at one tyme, to the end we might at least have taken a different course yf I had not alreddy promised thys secondpart, and thereforestand bound, as it were, in credit to performeit I wold upon thys advertisement of hys labours to the same purpose, suppressemyne; and yfI had ymagined that he or any man of hys sufficiency wold have undertakento wryte of that matter in our tongue, I wold have borne him the respect to forbeare wholly to doit; but being engagedas I am and my treatise almost ready to be printed I can not now well stay it, especially seeing I heare , that it is expected ofmany it maybe Mr doctorthinketh, and with reason (yf he have seene my first part) that I will not or rather am not able to handle that subject sufficiently; and truly I have reason myself to feare it ; nevertheles yf he wold think it convenient (seeing myneys reddy and promised, and as I heare, expected) to stay hys until he see what course I have taken, he mayin my conceyt, make his workeboth more plausible and profitable, by adding and supplying afterwards what may want in myne At least I have thought it my part to advertise Mr doctorthus much, concerning my present labours , to the end we may take such course betwixt us, as our endevours may be the better to the purpose. I shuld be glad to knowwhat course he taketh, and yf he think good, I will send him the tytles ofmy chapters, which conteyne a summe of the whole; though I think yt now needles, because , yt will not be long ere it be in print, yet yf he desyre to see the same sooner , I will send theym to him. and this I pray you tell him with my most affectionat commendations, and the lyke to good Mr doctor Smith my acquayntance in Spayn, I pray you tell him I shall be very glad to see himhere,andmore gladto serve him in what I may, eyther in your affayres or his owne. and so for thys tyme I take my

3 Thefirstpart ofA Treatise Concerning Policy and Religion was published at Douay in 1606. Both in the epistle dedicatory to his son, dated 31 October 1605 , and in the preface , he refers to the second part ofthe workwhichis to follow . This second part was, in fact, published at Douay in 1610 .

4 Dr. R. Smith, later Bishop of Chalcedon , whom Birkhead was about to send to Rome For his biography see Gillow, Bibliographical Dictionary of English Catholics, v, 511, and the D.N.B. , liii, 102. Cf. also W. Maziere Brady, Annals ofthe CatholicHierarchy, London, 1883, pp 77 ff. It may be permitted heretocorrecta fewmisstatementsthatone occasionallymeets with in noticesconcerninghim. (1) Itis asserted , for instance, that thequestion of

leave in hast , recommending you to gods holly protection. from my old residence the 11 of October 1608

Yours as my owne T. Swynnerton .

Addressed "To my very frend

Mr George Salvin"

Mark of seal. Endorsed " 11 of Octob 1608" "

In the margin opposite is written, possibly in the same hand as that of the second endorsements of these letters: " From 1598 til 1608 Inclus Mr Blackwell Archpri." There is no second endorsement

approbation by him, as Bishop of Chalcedon , of regularsin order that they might hear confessions validly, arose, as it were fortuitously , owing to the scruplesof a gentleman who had confessed to a religious who had not such approbation. This is not in accord with contemporary documents. Lord Montague was the layman in question and the whole affair was a put-up job" Thereareseveralreferences in the Westminster arch ves tothisquestion of ordinaryjurisdictionlong before any bishop was appointed for England It was desired , in fact, on the part of some that suchjurisdictionshould be conferred on the Archpriest, Birkhead, to control the laity (West. Arch,X, nn. 51 , 54, 58, 78 , 80, 91;XI, n 192; XII,nn. 4 and213). AndasregardsSmith in particular, he was consideringthe question preciselyfromthis anglebefore he came to England. Thus he writes to More, 18 December1624 (that is to say before his consecration and probably, too, before his election):" The Council of Trent, Sess 23, c 15 , saiththat regulars cannot hear confessions sine expressa licentia episcopi and Pius V confirmeth the same ordaining that it must be speciali licentia and otherwise confessions nullein a Bull Dat 6 Pontif and extant in Piaresti (?) Praxis Episcopalis, pt 2, c 1 , etc. I pray you have enquiriesto be made whether this will not hold in England but be not seene yourself in this matter. You know wherefor. (Clergy Correspondence sub date. These volumes, formerly at Farm Street, are now at Westminster by exchange Cf. also Chalcedonto More, Paris, 13 February 1625, Stonyhurst, Anglia VIII, n 10.)

(2) He certainly desired to be ordinary of England and himself uses the very phrase in his letters while he was waiting for his faculties at Paris (Chaldeconto More, 17 January and 13 February 1625, different fromthe above letter of the same date, ibid., VIII, nn 12 and 13). But itis equally certain that he was notappointed ordinary and that he knew it. In his letter to More of 13 March 1625, from Paris, he writes: " My faculties are sparing enough for they are ad beneplacitum Sedis Apostolicae andsubordinatetothe Nonce in France" (ibid., VIII, n. 15) His faculties being ad beneplacitum precludeshim from being ordinary , for they do not ariseex officio

(3) Finally, doubt is sometimes expressed as to his resignation Theletters of the Cardinal Secretary of State, Barberini, are explicit both as regards his resignation and its acceptance by the Holy See (Barberini to Conn , 25 December 1636 and 3 October 1637 , Arch Vat Inghilterra, Relazione di Mgr. Coneo Dal Aug. 11 , 1636-1637 , pp 86 and 291). Nor can the fact that the Bishop continued to grantfaculties after his resignation be brought forwardas a counterargument; forthisis one of the points raisedintheabove letters. The Bishop'sprocedurein this, in fact, createdan awkward situation in England, as he had no power to give the faculties, and the priests, who had thus received them, had in reality no faculties to hear confessionsone ofthedifficultpoints raisedby Conn Nodoubt it was solvedbytheprinciple of" Ecclesia supplet, " as in the case of" commonerror. " Barberini, indeed, seems to suggest this Cf. alsoChalcedontoM. Faré, 5 November (year not given), Stonyhurst, Anglia VIII, n . 9. Theletterimpliesboth Smith's resignation and the Pope's acceptance of it

XIII. FITZHERBERT TO WORTHINGTON , PRESIDENT OF DOUAY , 7 March 1609 .

Milton House MSS Holograph.

Right reverend and my very deere frend ,

I receavedthe last weekeyour letters with the copyenclosed ofyoursto the General of the Benedictins in Spayn, whichI have imparted to your frends here and we lyke yt very well. being of the very same substance that we wished; but ofthat matter I wrote so much to you before, that I shall not need to trooble you furder now .

Since I wrote unto you last, I have understood by Cardinal Bianchetti that he hath had answereof hys letters to the nuncio concerning your bussines with the Benedectins, and that the nuncio wryteth, that he hath not yet sufficiently informed him self thereof, to be able to make such relation as he wuld, but he hopeth ere yt be long to make a visit in those parts, andthen to understand the whole fully; In the meane tyme, all he heareth ys that the quarrels betwixt you and theym have ben in great part about a martyr in England whom eyther of you challenge for yours, and that the ground of all these broyles betwixt you and theym cometh from my lord of Salisbury2; in which last poynt I think he hath not ben yll informed ; but in conclusion he remitteth all furder satisfactionuntill after hys visit : thys I have thought good to advertise you, thoughwith earnest request ofsecresy; because I have yt from the Cardinal him self, andthat the matter concerneth the nuntios privat letters to him but hereby you may see how necessary it is for you to gayn the nuntio, I meane make him rightly understand your bussines , and specially that one poynt, which he hath touched allreddy, to wit that all thys cometh from my Lord of Salesbury and by what meanes; I wroteuntoyou beforethatthys Card our vyceprotector doth of good will advyse you to have recourseto the nuntio and to informehim in all occasions . I pray you take occasionto geve thecardinalthanks by some letterforthe carethathehathshowed ofyour affayres, and still doth; andthys me thinksyou may best dowhen you shall have next occasionto geve or sendanyinformation to the nuntio; and then send also the same information to him, as to our vyceprotectorand one to whom you acknowledge a very particuler obligation we must do what we can to kepe him our frend; for he may stand us in great steed , besyde that hys favour and good affection deserveth our service, though he can not do what he wold, where matters passe by many voyces. no more at thys tyme but our lord have you in hys holly protection from Rome the 7 of March 1609

Yours as my owne

T. Fitzherbert

1 The Blessed George Gervase, O.S.B. Cf. supra, Fitzherbert to Worthington, 2 August 1608 , note 2.

2 Cf. supra, Fitzherbert to Worthington , 6 September 1608, note 4.

You may do well to procure a confirmationto the nuntio of the universityes favorable letters sent to the protector, when he shall come into those parts, by word of mouth, or otherways by letter yfhe comenot thither, for I thinkit woldmove him a much. Addressed "To the Right worshipfull Mr Doctor Worthington , President of the English Colledge of Doway. " Mark of seal Endorsed " 1. Mr Fitzherbert 7 March 1609 . 2. Thomas Fitzherbert."

XIV. FITZHERBERT TO BIRKHEAD , 23 May 1609.

Milton House MSS. Holograph, partly printed in Tierney-Dodd, v, p. lviii

Right Reverend Syr

I have receaved you letter sent by Mr doctor Smith , ¹ and wilbe reddy to geve you satisfactionconcerning that whichyou request of me therein, assisting hym from tyme to tymewithmy poore advyse and labour, wishing we may see the good effects , which you expect to the satisfaction of all our brethren there, and a perfect peace amongst us all which I desyre to furderto the uttermostofmy power, thoughit were withlosse ofmy blood; and therefore you may assure your self that there shall want nothing on my part, that may help it forward, and the lykeI can assure you for F. Parsons, who hath alreddy geven proof thereofto Mr doctorSmith, not only inhys curteous enterteyment, but also inyeldingunto him, as much as he him self, or any other there withyou can desyre, touchingthefirstarticle ofthe matters to be propounded to hys holynes; though the truth ys I have made some difficulty to make sure that you shuld be directly bound not to consult with the Fathers, because I do not see by your instructions or letters, that you desyre yt, but only that the clause in pope Clements breve may be interpreted whether you stand alreddy bound thereby or no.3 but forasmuch as Mr

1 Smithhad arrived in Romejust a day or two before, on 11 May (Foley, Records, vi, 585).

2 From " wishing we" to " propoundedto hys holynes" is omitted by Tierney.

3 In his Instructions to Blackwell on his appointment as Archpriest in 1598, Cardinal Cajetan, the Protector, had counselled him to ask the advice and opinion ofthe Jesuit superior in England in matters of greater moment. This had caused feelings of great resentment in the Appellants, who had, indeed, wrongly interpreted it In the interests therefore of peace, Clement VIII, in his brief of 5 October 1602, had withdrawn the instruction and forbidden the Archpriest henceforth to treat with the Jesuits about the administration and government of the Church in England or about matters pertaining to his office (cf. J. H. Pollen, S.J. , TheInstitutionofthe Archpriest Blackwell, London, 1916, pp. 27, 28, 91 and 92) This somewhat vague clause was further officially elucidated by the Protector, Cardinal Farnese , in a letter of 10 February 1607, in which he declared that theclauseofthe Pope's brief did not prohibit the Archpriest from consulting the Jesuits on questions referring to the Catholic religion, cases of conscience or spiritual

Doctor protesteththat there will never be peace otherwayse, and that, Ifynd him resolut therein, and have reasonwithall to think that he knoweth your mind better than I do , I therefore yeld that it maybe propounded in such manner, as I make full account that you will be declared bound thoughhowfarre I can notyet tell to-morrow we shall have audience of hys hollynes, as I take it, having only visited hitherto our protector, and Cardinal Borghese; so that I can geve you no furder account of any thing matters, but only on those that concerned the government of his subjects, orpoliticalaffairs, "ne (Patres) majoremininvidiam trahantur" (West. Arch. , VIII, n. 30. Cf. also supra, Fitzherbert to Birkhead, 31 May 1608, note 5).

After the appointment of Birkhead in place of Blackwell, considerable doubt arose as to whether he was bound by the clause He himself, as he declared, did not considerthat he was so bound, because it had been directed only to his predecessor, and because in the letters appointing him as Archpriest no reference was made to it On the other hand, the reasonfor it, namely, the preservation of peace and union, still prevailed and some ofthe priests and the Jesuits themselves in England desiredthat the clause should remain in force In this state of doubt, therefore, it was proposed to find out the Pope's wishes in the matter (cf. Birkhead's Instructions to Smith , 9 October1608, West Arch., VIII, n. 90, and also theMemorialonthesubject in The Narrative of Dr. R. Smith's Agency, infra, and note 12, ibid)

Atfirst sight it might appear that Fitzherbert's counter-suggestion was adistinction withouta difference Butit was notso Itwas onethingtopetition positively that the clause of Clement VIII's brief be still operative; it was another simplyto ask whether it was so or not. Fitzherbert was perfectly correct in stating, as he did in his letter, that he didnot know by Birkhead's Instructions whether he desiredthe clause to bind him, as it had done his predecessor, for these simply told Smith to find out the mind of the Holy See on the point: "A Sancta Sede Apostolica humiliter discere conetur quatenus ego nunc decreti illius vigore astrictus teneor" Fitzherbert was , in fact, keeping to the strict letter of the Instructions , and Smithnot so . But the latter, nodoubt, as Fitzherbert acknowledgedin his letter, probably knew Birkhead's mind better than he did However, some sort of a compromiseseems to have been made , for though in theMemorial presentedto the Pope on the subject the emphasis is all that the clause should be still operative, yet the actual petition is put strictly according to the wording of Birkhead's Instructions (cf. The Memorial in The Narrative of Dr. R. Smith's Agency in Rome, infra).

But underlying Fitzherbert's opposition there was , I think, also the wish to avoid anythingthat appearedto be an attackon the Jesuits by the distorted account of affairs, current among the Appellants, such as can be seen , for instance, in Mush's letter to Cardinal Arrigoni of 30 January 1609 (West Arch., VIII, n 88); cf. also E. Bennett to R. Smith, 22 September 1608 (ibid., VIII, n 72, 2). This, at all events, seems to have been the view ofthe Generalof the Society; for after some days thepoints to be proposed to the Pope were shown to him by Smith, and to none did he object save to the first, i.e. the matterof the Clause, which yet, he added , could be so proposed as to be injurious in no way to theSociety-"quod tamen itaposset proponi ut nequaquam cederet in injuriam Societatis " This Smithpromised to do and in conference with Persons corrected accordingly some points in the supplication he was to make to the Pope (The Narrative of Dr. Smith's Agency in Rome, infra)

4The first audience took place on 24 May, when the Memorial concerning the Clause was presented(The Narrative, etc., infra) But according tocopyoftheMemorialinWest.Arch (VIII, n 114) itwaspresented on29May The viva voce reply was immediately given that Birkhead was bound bythe Clause , and this was also signified later by a letter of Cardinal Bianchetti.

yet, but will do hereafter, as occasion shall requyre. 5I send you herewith an answere to your letter from the protector; and one from Mr doctor Smith, who I dout not but will geve you ample relation ofhys proceedings hitherto, and so for thys tyme, I take my leave recommending my self most humbly untoyou, and you to gods holly protection: from Rome the 23 of May 1609 .

Yours as my owne

T. Fitzherbert

"Because I ymagin that F. parsons may have such bussines that he can not wryte unto you at thys tyme, I think good to add a word or two concerning him, that whereasyou have geven order to Mr doc Smith to conferre your affayres with him (quatenus id suae sanctitati placuerit) it seemed convenient to him , that before he shuld enter into any particuler consultationofthe poyntes to be propounded, Mr doctor and I shuld demand his holynes lyking thereof, and the rather because F. General wasout of the towne , and thys seemed also to me very necessaryfor the better expedition of the affayres, for that, yf his holynes shuld command us to consult and agree amongst our selves of the difficultyes and remedyes, (which we made account we shuld do with great facility) the long course of consultationbyway ofthe inquisition (whither our matters wold be otherways referred) wold be prevented, and all things concluded with speed, and according to our owne agreements, and only such matters remitted to the inquisition, as we our selves should not agree upon, and determine though we hoped that in conclusion, there wold beno suchatall.7 thys seemed to F. parsons and me so probable , that we stood securely upon it, and the father wold not agree to enter into any consultation of particulers until eyther his holynes gave him leave (according to your limitation) or at least thatfather general shuld return and gevehys consent. and though Mr Doctor Smith was herewithmuch offended fortwo or 3 dayes, yet at length Father general returning, and geving hys consent tof. parsons to treat of those matterswe are agreedto the proposition of the first article,8 insuch manner as I have signifyed and I dout not but Mr doctor hath written thereof to you more at large, only I could have wished that he wold have yelded that wemight move his hollynes to geve us leave and order to agree of the remedyes amongst ourselves, and then to represent theym

5 From "I send you " to " holly protection " is omitted by Tierney

6 The whole of the postscript is omitted by Tierney without indication of omission

7 Fitzherbert and Persons, unlike Smith, were fully conversant with the ways of the Curia at Rome . The proposal seems to have been a sensible one , making for dispatch of business, nor was there danger of any circumvention, which possiblySmithfeared; for in case of disagreementthematter was to be referred to the Inquisition

8 Cf., infra, The Narrative ofDr. Smith's Agency in Rome , note 10 .

FITZHERBERT TO BIRKHEAD, 23 MAY 1609 51 to him, ratherthen to comit theym to be consulted in the inquisition, as they must be, though we consult of theym never so much without his hollynes order; but Mr doctor will by no means yeld tothys, and therefore weyeld to him, to follow hys way and thys is all I shall need to signifyto you at thys tyme and all that hath passed in effect.

Addressed "To the right reverend

Mr George Birkhed

Archpriest of England. "

Mark ofseal andendorsed "23 of Maye 1609

Mr Fitzherbert"

There is no second endorsement

XV

.

SWYNNERTON

(FITZHERBERT) TO SALVIN (BIRKHEAD), 27 June 1609.

Milton House MSS. Holograph

Right reverend and most deare Syr,

1I wrote unto you the 6 of this month and sent you withall a letter from Cardinal Bianchetti our vyceprotector , with one fromMr doctor Smith; since whichtymeI have receaved twofrom you together, the one of the 22 of March, and the other of the 20 of May, and was right glad to understand therby of your health, though we heard here presentlyafter of your dangerous sicknes, which afflicted us greatly, until that now by thys post, Mr doctor Smith hath newes , as he telleth me, of your recovery, for the which our lord be praysed I thank you most hartilyfor your advyses written in latin, which have ben alreddycommunicated with hys holynes, who sayththat the first poynt concerning the persecution ys dayly confirmed to him other ways; and he was glad to see the other poynt concerning the golden grayns saying that he never thought that there was any lyklyhood of it, remembering well who had told it him, and naming him twys, as one that had told him so great an untruth, and thoughI may not tell hys name, yet I may say unto you, that he ys an ynglishman, whereby you may perceave, what good instruments we have here of our country.2

In my last I sufficientlyadvysed you of what had passedin your bussinesand therefore forbeare nowto repeat it; Since that tyme Mr doctor Smith hath conferred with F. parsons and me about the other poynts which he hath to propose, of which I lyke the first very well to wit the erection of the new colledge Byf yt may be graunted, or rather yf being graunted,yt may be performed and continued, whereof I make great dout, for the experience we have seene ofthe lyke attempt in Mignon colledge in paris, frustrated, by the dissention of those, who shuld have

1 The whole of this first paragraph is omitted by Tierney

2 It has not yet been discovered to what this passage refers .

8 From "yf yt" to " wilbe obteyned" is omitted by Tierney.

erected and upholden yt, amongst whom none wuld be subordinat to other ; and I feare me the lyke will fall out in thys, yf it be granted, whereof truly I make small dout,yf nothingbedemanded of hys holynes, but hys benediction, for otherways Ithinknothing wilbe obteyned.4

An other poynt, which Mr doctor hath conferred with us ys about the breve for makingdoctors ; And forasmuch as the whole autorityof that matter, ys in the hands of our protector and he nowabsent ,Idare not for my part, neyther do I thinkyt anyway convenient for any man els to deale in it without hys knowledge and consent first obteyned, for otherways it will seeme to be an opposition agaynst him, which I think not fit for me to undertake, nor any Englishman, especially such as meane to live in Rome; besydes that I hold it for most certayne that hys hollynes will never determinany thing agaynst the protectorsautorityin that behalf, in hys absence, neyther yet yf he were here without hys full and free consent nevertheles Mr doctor Smith hath moved it alreddy, in a particuler audience which he hath hadtwo dayes agoe, and since hath requested me not to hynderit, though I dare not furder it and shuld be loth to be thought to havea

4There was a proposal to start such a college in 1602. The English Ambassador, Winwood, reported it from Paris in a letter to Cecil of 21 July ofthat year. "Our English priests, " he writes, " have a resolution to settle themselvesin a college in the University , called Mignon, which by the Marquise's favour they hopeto have appointed to theirnation. Ifonly professed Papistswould reside there, itmight pass withoutopposition, for herMajestie's ministers in this placemight make good use of some ofthem for her service; but ifit shall be turned to a seminary in that forme which Rheims heretofore hath been , and Douay and St Omers are, your Honour dothbest knowthe danger and dishonour that thereby may ensue universally to the realme" (Winwood, Memorials, London, 1725, i, 428. Cf. also a letter to Bagshaw , s.d., Inner Temple, Petyt MSS 538.47, f 155) But the project seems to have been considered evenearlier On 22 November 1598 the Protector, Cajetan, wrote to Barrett, the PresidentofDouay, sayingthat he, theCardinal, had beenaskedto promote sucha project, butthat he would first like toknow Barrett's views on it, what he could conjecture about its prospects, and whether the money so expended might not be applied to Douay and such students as still remained at Rheims (Stonyhurst Coll P., f. 436. Cf. also Persons toH.Constable , s.d., Hist MSS . Com .,xi Report, Appendix, partvii, p 265). The college, ifit was everreally started, did notlast long. Butin 1609the idea was again mooted, and after a delay ofsome yearsowing to lack offunds , the new college of writers was eventually begun, an additional motive for its foundation being supplied by the setting up of a similar establishment atChelsea forProtestant divines (Beaulieuto Trumbull, 9 May 1610 ,Winwood , Memorials, ii, 160) The house in Paris became known as the College of Arras, the Abbot of St. Vedast, Arras, being one of its patrons. There are severalreferences to the projected college anditsfoundation inthe correspondenceof1609-1613(West Arch ,vols X,XIandXII Cf. also Nuncioto Borghese , 17 September 1611 , R.O. Transcripts 9 , bundle 118 , and Tierney-Dodd , op. cit , iv, 132-135) On the project during Smith's agency being referred to the Inquisition, answerwas given: " that albeit his holiness would not for the present set up any new houseor convent for wryters, nor have it donne in his name , yet he would not hynder or forbid it, and yf any dyd wryte any booketo be printed indefence oftheCatholicreligion, hewould contribut towards the charge of printing" (Persons to Birkhead, 4 July 1609 , Milton HouseMSS . Cf. alsoinfra, Narrative ofDr. Smith'sAgency in Rome, note 14).

hand in it, in respect of the obligation that all our nation, and I in particuler have to our protector I have promised him not to meddle in it, and so will expect what will be the issue.5

A thyrd poynt ther ys, concerning the multitud of priests and the litle meanes to menteyn theym and some remedye to be found for it, wherin there are such difficultyes , as we can not

5 Owing to certain abusesthe facility,chiefly, of obtaining the doctorate at some of the foreign universities without adequatestudiesPopeClement VIII on 19 September 1597 issued a briefprohibiting English students of the seminaries fromtakingsucha degree, unless to the ordinarystudy-course of the seminaries of four years a similar period was passed in "perfecting andconsolidatingtheirknowledge" In addition there was required theleave of the Cardinal Protector and an attestation of the fitness ofthe student to proceed tohigher studiesfrom the Rector ofthe seminary (the Briefis printed by Tierney, op cit , iii, p ciii) Tierney acknowledgedthat though thiscaused much resentment, being wrongly interpreted as an attemptto degradethe English clergy, the decree was a wise one and tended to redeem that body from disgrace "It provided that the substanceand the name of learning should be united : it preservedyouthand age in their relative and true positions: and it secured respectfor an academicaldegree with which Protestants wereeveraccustomed to associate the ideaofage, learning and talent" (ibid, iii, 40, note). No real hardship, in fact, was imposedby the brief. A mere casual inspectionof but one volume ofthe veryextensive Farnese correspondence revealed instances of permission being granted by the Protector to proceed to the doctorate (cf. Naples, Arch di Stato, Carte Farnesiane , 429 , fasc 4, ff 331, 333 and 423) That the suggestionof sucha briefcame from Persons cannot be doubted (cf. Persons to Aldobrandino, s.d., Arch Vat , Borghese, III, 124 g², f 25. Cf. also his comment on the RulesoftheAssociation, 1597, where some reasons for the decree are given, Stonyhurst, Anglia II, n. 32, ad 9m)

On Smith's petitionthat the prohibitionmight be withdrawn , thePope replied that " he well rememberedthat it (the brief) had passed through his handswhen it was made and that he would see and considerthe reasons to and fro agayneand after give his answer" (Persons to Birkhead , 4 July 1609, Milton HouseMSS ). In the end, as the reasons for the briefstill prevailed , the petitionwas rejected; but one modification was granted,apparently at Persons' suggestion , in that the Rector's testimony of sufficiency was to be given atthe student's departure fromthe seminary without anynecessity of demanding it anew if an interval elapsed before the student proceeded to the higher studies The Pope, however, would notwithdrawthe necessity offirst obtaining the Protector's permission (Persons to Birkhead, 25 July 1609 , Milton House MSS Cf. also infra, Narrative ofDr. Smith's Agencyin Rome, notes 15-21).

6 Throughout this period the great difficulty of supporting his priests, who at thebeginning of James I's reign appearto have increased in number , was a source of anxiety to Birkhead He makes mention of it more than once in his letters of 1609 and the following years The policy ofpauperising the Catholics pursued by the Government made the difficulty all the more acute. One remedy proposed by the Archpriest was to delay sendinginto England the priests who had finished their course at the seminaries . This he had already intimated to Persons in a letter of 1608 , who on 12 October of that year replied: " but as for the two poynts you propose, that they (the priests) should be stayed longer in the houses where they abide ornot to be sent to yourparts; neither ofthem is possible, for in thes howses ther must be succession for others and when they have ended their courses and can no furderbe employed in ordinarie actions, requisite in that place, they must needes gyve roome to others and when they depart from thence they have no placeels to go unto but to yourpartes, nor will they or can theybe stayed from thence nor is ther wher to entertayne them els wher , so as

yet conclud any thing for that matter, in which I expect Mr doctor Smith hath not yet proposed yt, as he sayth: and thys ys all I can advertise you of in thys; 'not douting but Mr doctor will wryte more amply unto you, of all proceedings in these matters, and such other as he hath here negociated, and therefore I shall not need to troobleyou further at thys tyme, but beseech almighty god to geve you perfect health and protect you ever , from my old residence the 27 of June 1609

Yours as my owne T. Swynner

Iremember that in a postscript of your letter of the 2 of May you say you must remit those in the Clink to the hyghest, in which sence you have written also to Mr doc Smith, as he sayth, whereupon it hath seemed very convenient to F. par and me, that hys holynes were delt withto know hys mynd concerning theym; but Mr doctor doth not lyke of it by any meanes , being loth that they shuld be made desperat, thinking it more fit that they shuld be permitted to abuse men with pretence and use of theyr facultyes(because none ar abused, sayth he, but those who are willing to it, and ought to know the abuse) then that any further declaration shuld be made agaynst theym by his holynes, 8which seemeth to me a strange opinion, consydering the hurt they do many wayes. yf you think yt convenient that any thing be donne herein, send us an expresse order for it, and it shalbe performed when you wryte to Cardinal Bianchetti whichI wold wishyouto donow and then you must call him the Viceprotector .

Addressed "To my frend Mr George Salvin London "

Sealed and endorsed " 1. 27 of June 1609

2. Thomas Fitzherbert 27 June 1609."

this must necessarilybe left to the providence of Almighty God , who hath hitherto miraculously as it were, maynteyned this work of hym self without humane subsistance of any certaintie and so I hope will continue the same though we see not the meanes " (Persons to Birkhead, 12 October 1608 , Milton House MSS ) It must be remembered , too, that the seminaries also were labouring under financial difficulties To meet the situation something akin tothe modernAssociationforthePropagationofthe Faithwasdemanded . It was, indeed, suggested that a collection might be madeinCatholic countries for the purpose, but nothing seems to have come of it (cf. also infra , The Narrative of Dr. Smith's Agency in Rome, notes 23 and 24)

7 From " not douting " to " protect you ever" is omitted by Tierney.

8 From " which seemeth to me" to " wish you to do " is omitted by Tierney.

9 The Clinkers , as they were called, were four or five priests imprisoned in the Clink, who had taken the Oath of Allegiance and had not returned to theright pathwithinthetwomonthsprescribedbyBirkheadinhisAdmonition of 2 May 1608. In that same letterthe Archpriest had intimated that according to the Pope's briefsuch priests were, at the end of the prescribedtime, deprived of their faculties Despite this, they continued to use them and some Catholics received the sacramentsfrom them in the more or less free

FITZHERBERT TO WORTHINGTON , 22 AUGUST 1609

XVI. FITZHERBERT TO WORTHINGTON, PRESIDENT OF DOUAY , 22 August 1609

Milton House MSS Holograph. Right worshipfull and very reverend frend,

My last letter, I feare me, gave you small content, and these I think will geve you as litle, though I verily hope it will turne to your credit and reputation in the end.

Our vyceprotector wryteth unto you, what hath ben sent hether from those parts agaynst you, and hath also geven me commission to advertise you thereof , whichin effect ys, that the nuntio hath sent the Cardinal a letter of yours to him to be proposed to hys holynes with his answere to you, and a memorial which was geven to the sayd nuntio agaynst you, charging you to have made a precept or decree (for so the Cardinal tearmeth it) that whosoever shalbe priest in your Colledge, must take an oth, or promise at least, not to enter into any religion, except it beinto the Society¹ ; and furthermorethenuntiohathwrittenunto the Cardinalthat you deny to be subjectto the rules made by hys hollynes betwixt the benedictins and the fathers, and that he hath propounded to you, for the same , and for the foresayd decree ; thus much concerning the nuntio hys letters hither.

All thys being read before hys hollynes in the Congregation of the Inquisition, hys hollynes commanded the Cardinal to advertise you, thatyou are to take your self to be comprehended inthe rules latelymade betwixt theBenedictines and the fathers, 2 and to advyse you to live peacefully with the Benedictins your custody permitted to them in prison This undoubtedly caused scandal; and there was the danger, too, that if no further steps were taken, others might be led by their example to take the oath There is frequent mention of the subject in Birkhead's letters of these years . Romeeventually decided that Birkhead must take further action, but he appears to have beenloath to do so , partly because ofthe dangerto himselfand othersthat furtheraction might entail, and partly because he saw that it would have no effect onthe recalcitrant priests themselves , overlooking perhaps the possible effect it might have on the Catholics who used their ministrations (cf. Birkhead to Smith, 9 October 1609 and 23 April 1610; to Bianchetti , s.d.; extracts from his letters, 1611 , and Memorial to the Pope, West Arch. , VIII, n . 160, IX, nn 35, 36 and 34 , XI, n 82) Finally, after two years' delay, the Holy See, while agreeing that it might be too great a burden to impose on the Archpriest the holding of any judicial process in the matter, or even the admonishingof the culprit priests themselves , insisted, however, omni exceptione posthabita, that he makeknown toallCatholicsthroughout the kingdom, especiallyto those who continued to receive the sacramentsattheir hands , that such priests had been deprived of all their faculties (More to Birkhead , 1 and 22 June 1611 , West. Arch., X, nn. 189 and 191). Accordingly, Birkhead wrote to his Assistants to declare the same to all priests in theirrespective districts, and through them to all Catholics (Birkhead to his Assistants, August 1611; Bavant's letter announcing the same to the priests in his district, 6 September 1611 , ibid , X, nn 101 and 114)

1Worthingtonrefuted the charge, usingthe method which Fitzherbert counselled later inthis letter Cf.infra, Fitzherbert to Worthington, 21November 1609 , and note 8 of the same letter

2The decisionof 10 December 1608, which settled the dispute between the Jesuits and the Benedictinesat Valladolid

neyghbours; whichtheCardinal hathtold me he dothat thystyme, wryting unto you by the nuntio hys packet ; And forasmuch as I assure my self, that the information of the decree aforesayd, ys utterly false , I beseeched the Cardinal to advertise you thereof particulerly, or els to geve me leave to do yt, to the end you may answereyt, assuring my self, as I told the cardinal , thatyou will cleareyour self fully therein, and show that the nuntio hath ben extremelyabused the Cardinal hath promised me to wryte unto you of that point him self. whereby you may take occasion to answere it fully, which I wold wish you to do, by as autentical meanes , asyoucan devysewithout incurringthe note oftumultuous dealing, which me thinksyou may do, taking onlythe testimonyes of your colledge, withthe subscriptions of the priests, and such others as you shall think good, desyring the Cardinal to procure that the matter may be further examined, by the nuntio, tothe end that your innocency may be knowen . It fauleth out well that you have just occasion to wryte hither to the Cardinal as soone as the nuntio, in respect of the Cardinals letter to you, and although I think it convenient that you send your answere by the way of the nuntio, informing him of what you wryte (to hold him still as benevolent as you may), yet, it ys necessary that in any case you send me at the same tyme, a coppy of your letters and dischardges or sooner rather then later, to the end I may deale with the Card effectually , yf the nuntio shuld chance to be slack.

hys holynes and the Cardinals did not mislykeyour letter written to the nuntio, but noted your moderation thereintowards the benedictins , as I perceave by the Cardinal, who told me that you speake no yl of theym therein at all; There came also at thys tyme another complayntconcerning the blessed martir Mr Gervas (as I take it), or some such other, as the benedictins do challenge for theyres whereof they say you published the contrary making him a seculer priest, but I think there ys no great matter made of that ; yet yf the Card speake ofytin hysletter, you mayanswereas you shall thinkgood;otherways you may do well to let it passe, and to take no knowledge ofit; neytherofanything elsthatIwryte untoyouinthys further then the Cardinal him self geeveth you occasion by hys letter, using my advertisement of the rest for your information only, without taking knowledge of yt from hence , thoughyf you can justly pretend to know yt otherways, you may then answere to yt as you shall thinkgood, makingmention ofthe meanes whereby you know yt, that it may appeare you have it not from me . The Cardinal hath advysed me to take a coppy ofthe rules betwixt the Benedictins and the fathers, out of the inquisition to sendyou, whichI mean to do at my next opportunity for now I can not do it before thys post depart . yf you cleare your selfe ofthat decreelayd to your chardge (as I dout not but you will), you may do well, by that occasionto represent the small lykely-

hood you have of the quiet demeanour of your neyghbours, and thereupon to urge in humble and myld manner, yourseparation as before you did

I take yt you have heretofore dismissed some , whoyou discovered to have a vocation to the society and refused to admit others who had the lyke vocation; whereof it were very good you shuld send good testimony now upon thys occasion , seeingthey chardge you directly with so great partiality.

I looke that before thys letter come to your hands you will have answered to the nuntios letters to you and sent me also a coppy thereof, whereby I may help to give some satisfactionin the meanetyme and what shall want therein, you may nowjustly supply in your answere to the Cardinal and so I dout not but in the end your adversaryes will rest foyled, and your innocency cleared, wherein I and other your frends here, will assist you to our uttermost and si deus nobiscum quis contra nos; to whose holly protection, I recommend you, willing you to have courage, for truly seeing your adversaryes proceed by way of calumniation, I make no dout but you will in the end prevayl with muchreputation. from Rome the 22 of August 1609

Yours as my owne T. Fitzherbert

Imake account that you have alreddy yelded some reason to the nuntio why you did not account your self comprehended in the rules made for the Fathers and Benedictins ; but I wold wish that in your letters to the Cardinal you signify that the reason was because you ar not eyther of the religious, nor your colledge under the government of eyther of them , and that therefore it seemed toyou that thoserules did not concerneyou though nevertheles you meant to observe them exactly on your part, as you have donne ever since.

Addressed "All Mto Illre et Mto Rdo

Sigre il Sigre Dottore Thomaso Worthingtono

Presidente del venerabile collegio Inglese di Duaco . "

Sealed and endorsed " 1. Mr T. Fitzherbert 22 of Aug

XVII

2. Thomas Fitzherbert . " 1609

SWYNNERTON (FITZHERBERT) TO BIRKHEAD , 19 September 1609

Milton House MSS Holograph, partly printed in Tierney-Dodd, v, p. lxxvii

Right reverend Syr.

1I am very glad to understand by your last of the 6 of July, thatmyneofImay and june were safely arryved, and I hope that you have also receaved dyvers others of mynesince, whereby you have perceaved how the matters propounded by MrdoctorSmith

1 The first paragraph is omitted by Tierney.

have passed, which you shall also very particulerly understand at thys tyme by a letter of your ould frende, which he hath imparted unto me, and therefore I forbeare to troobleyou with any further relation thereof.

Whereas you insinuat in yours to me and declare it more playnly to your ould frend, that the motion mentioned in the articles of your instructionsto maysterdoctor Smith concerning readers to be obteyned for douay tendeth further then hitherto hath ben ymagined by any here, to wit, to the deposition of the president, and other desynements, I can not but say that I am very sorry to see such intention in any of our brethren, and specially in your selfe, to attempt a thing that I verily think will be much displeasing to hys hollynes, and the Cardinals ofthe Inquisition, and I assure my self will not be factible, 2 for that no suchmatter can be provedagaynst the president, as may seeme to deserve so great a disgrace, as deprivation, how so ever it mightbethoughtthat hehath committederrours , whichnevertheless, being answered by him (as they undoubtedlymust be before any thing be concluded agaynst him) will eyther be found to be none at all, or at leastnothingsoheynous, asI perceavethey seeme to some with you; in which respect I wold wish you, good Syr, to be well advysed, howfarre you enter into that matter, which as I wrote unto you in my last, will seeme , I feare me to be no other, thanmitterefalcemvestram in alienam messem , 5 and you may be sure that the president being so knowen to his hollynes and

2 Tierney, following Dodd, erroneously prints " feasible" instead of "factible " "

3 The words " as deprivation " areomitted by Tierney withoutindication of omission

4 Tierney erroneously prints " wrong " instead of " errours, " and omits from " which nevertheless " to " in the world. "

5 Theseminaryof Douay wasnot underthe jurisdictionofthe Archpriest. One of the objects of the party at this time was to put the control ofit into the handsof Birkhead Whatever faults connected with his governmentof the seminary, which were dueforthemost parttolackoffunds, Worthington was objected to, largely because of his friendlyrelations with the Society and particularlywith Persons (cf. infra, Narrative ofDr. Smith's Agency in Rome , note 33) Normust it be forgotten that whenthe Nuncio, Bentivoglio, visited Douay in May of this year (1609) he pronouncedfavourably onWorthington's government, reporting to Borghese that the fifty alumni were " molto bene governati dalla diligenza del Presidente" (Bentivoglio to Borghese, 28 May 1609, R.O. Transcripts 9, bundle 117) Worthington's opponents asserted that it was Persons who had had him appointed President so as to rulethe college through him. But contemporary documentsgive the lieto this assertion In his letters to Worthington , 29 June 1599, and to R. Hall and J. Wright, 1 June 1599 , Cardinal Cajetan, the Protector, states that hehad been the choice almost ofall, and that the Douay people hadnominated him imprimis ac praecipueinter alios" (West. Arch , VI, nn. 97 and 91; cf. also Narrative of Dr. Smith's Agency in Rome, infra, note 33) There seems to have been a general fear on the part of some at the period of Dr. Smith's agency that Worthington would hand over the seminary to the Jesuits (cf. the letterofW. Bishop, 6 August 1609, and Birkhead to Smith , 18 August 1609, West. Arch., VIII, nn 138 and 143; cf. also infra, Narrative ofDr.Smith's Agency in Rome, note 34) It is clear, however, from Birkhead's letter to Smith, 18 August 1609, that he was far from having any such intention (cf. Narrative of Dr. Smith's Agency, infra, note 34) Nor would the Jesuits

to the protector, as heys, and muchfavored and esteemedofthem both, shall be heard with all equity and favour, before hebedisgraced any way in the world. for my part all I will do therein in any matter, which shall be moved by you agaynst him, shalbe no other, but to standindifferent betwixt you, being procuratour to you both as I am , and therefore except I be demanded , "or rathercommanded to speak my conscience , I meanenot to meddle therein, thoughI must needs say that yf it were not agaynst your self I could not but oppose my self directly as his procurator agaynst any man that shuld touch his credit in thys court, untill I shuld see more cause then hetherto I have donne. and thus much for thys poynt leaving it to your wisdome to consider

Whereas you signify in your postscriptthat your brethren there, hold me eyther to be a Jesuit, or disposed thereto (wherein you wish me also to geve Mr doctor Smith satisfaction ) I assure you, I am hartily glad that they hold me for so honest a man , and I do not see any reason why I shuld seek to purge my self of a matter of that quality, especially seeing that all the world that knoweth me here, seeth my manner of lyfe farre different from a religious professio(n), living as I do, both out of cloyster, and habit of religion; and as for my dispositions, surelytheygoe very neare me , that will examin my secret inclinations, which are betwixt god and me; but howsoever it ys I shalbe very well content that Mr doctor here or any of our brethren with you, shall take that exception agaynst me, though nevertheles yf any do, I must put them to theyr proves, and in the mean tyme I think it will seeme to be one of the strangest exceptions that was ever takenby one catholyk against another ; and therefore allthe satisfaction that I can geve Mr doctor therein, ys to say untohim , as I have sometymes sayd conferring of such matters, that I see well that those which object thys agaynst me, list to make no difference betwixt Jesuyts, and frends to Jesuyts, and some will make all to be Jesuits, thatwill not beenemyesto Jesuits, whereof there ys sufficient experience in many other mens cases then myne; and so I will leave that matter untill some man shall geve me further occasion.8

have accepted the government of the seminary had it been offered to them . Already in Cardinal Allen's time theyhad refused itwhentheoffer was made (Persons to Birkhead, 16 September1609, MiltonHouse MSS ). One can notein the correspondence ofthe time that the partychanges itsattitudetoWorthington and modifiesits complaints accordingto the hopes the membersconceive of winning over Worthingtonto their side (cf. e.g. Birkhead to Smith, 17 Septemberand 3 October 1609, and 5 January 1610, West Arch., VIII, nn. 152 and 158 , and IX, n. 1)

6 The words "or rather commanded" are omitted by Tierney without indication of omission, but the fault is due to Dodd.

7 Tierney, following Dodd, erroneouslyprints" you " instead of" they. "

8 The objection to Fitzherbert was also rooted in the fact that he was " addicted to the Jesuits" and a particular friend of Persons (cf. Mush to Arrigoni, 30 June 1609 , and W. Bishop to More, 30 July and 27 August 1613, West. Arch. , VIII, n. 88, and XII, nn. 138 and 157. Cf. also infra, Narrative of Dr. Smith's Agency, note 39)

I perceave Mr doctor ys somewhat disgusted with the evil successe of hys bussines here, thoughtruly he mayrather ascrybe it to the nature and quality of the matters propounded then to any thing els, and especially to any mans labour agaynst him; for hys propositions being considered by so many Cardinals, and so well explicated by him self, both by word and wryting (as I dout not but you may well conceave), he can not justly feare partiality or that hys bussinesys not well understood, and therefore he hath reason to be satisfyed, in my opinion. I am still reddy to do him all service, except in such of hys propositions, as I can not in conscience approve, wherein I leave him to hys owne opinion, for that no advyse of myneor your old frends can any thing at all prevayl with him. 10but howsoeveryt ys, he shall never have just cause to complayn of any unkynd dealingon my part, and much the rather for your sake ; only I am bold some tymes to tell him my mynd, in dischardge of my duty to god, and of the confidence you repose in me , and so I will do still, valeat quantum valere possit; and so for thys tyme I take my leave recommending you to gods holy protection from my old residence the 19 of September 1609

yours as my owne T. Swynnert. Covering and address lost, and no endorsements .

XVIII. FITZHERBERT TO SALVIN, 31 October 1609 .

Milton House MSS Holograph, partly printed in Tierney-Dodd, v, p. lxxxvi

Right Reverend Syr,

1I have receaved yours of the 9 of August, in answere of one of myne of the 27 of June, since which tyme I have wrytten dyvers tymes unto you, as of the 8 and 22 of August and the 19 of September.

Whereas you wryte that rumours have ben spredd there amongst our brethren, that I and your ould frend have crossed Mr doctor Smith inhys petitions and thatyou have written unto me somewhat roundly about the same , I have not receaved any such letters of yours,2 neyther have deserved any such round wryting as you mention, for that I have punctually observed, both what you have willed me, and I also promised in myletters to you, and by word of mouth to doctor Smith, which was, not to hinder hys negotiationhere in any of hys propositions (though

9 Cf. infra, Fitzherbert to Birkhead, 31 October 1609. Persons makes the same point in his letters to Birkhead of 16 Septemberand 30 October , 1609 (Milton House MSS )

10 From "but howsoever" to "valere possit" is omitted by Tierney

1 The first paragraph is omitted by Tierney

2 The letter was on its way Cf. infra, Fitzherbert to Birkhead, 21 November 1609. The referencemay be to the letter removing Fitzherbert from his agency. Cf. Birkhead to Smith, 3 October 1609 (West Arch,VIII, n 156)

never so much mislyked by me) no nor so much as to declare my opinion unto hys hollynes or the Cardinals except I were commanded to do yt ; which I say I Have truly observed; and so little have I ben able to contradict hys propositions, that I do protest unto you, I did not know some particulers thereof, otherways then by the answere, which was always geven him in my presence.

Idout not but you have understood ere thys, what success hehath had in all that which he hath hitherto propounded, and though it were true, which you say ys there recorded, and he, as yt seemeth, supposeth, I meane that any man had crossed him, yet he shuld have no reason to dout of the equity of hys hollynes Judgmentand of the Cardinals of the Inquisition, who understanding fully hys reasons , (which he hath, no dout, amply layd doune unto them, as well by wryting as by word of mouth) have ben able to judge of the validitythereof, and consequently of the convenience of the propositions , and have accordingly resolved, without respect, of any mans opposition, further then reason requyreth which always ought to prevayle, and doth, no dout , in that grave and wyse congregation of the inquisition, where no one man, nor a few, but the main part determineth, and therefore ,I say, thoughanyman shuld (eyther by commandment or otherways of zeale to gods cause) have suggestedcontrary reasons to Mr doctors, all that could be thought thereof in my conceyt (hys holynes resolution being considered) ys, that Mr doctors reasons were deficient , and deserved not to be admitted, in which case no man ought (as I am persuaded) so much as to wishthat they had prevayled , the matters concerning gods cause as they do; besyds that much ys, in thys and such lyke cases to be ascrybed to the will of god, and particuler direction ofthe holy ghost, who no dout assisteth hys hollynes in such mature deliberations , using such convenient meanes of consultation, as he doth in that grave congregation; in which respect I can not but hope not only thatthe best resolution ys taken, I meanemost convenient for our church and most for gods glory, but also that you, ofyour wisdome will so conceave, and rest satisfyed therewyth, how so ever Mr doctor or any man els may incyte you to the contrary especially seeing your self have written dyvers tymes both to F. parsonsand me that you only desyred thatyour agent shuld be heard, and that hys holynes shuld determinewhat soever it shuld pleasehim, wherewithyou sayd you wold be satisfyed; yea and you also gave us leave to propoundour reasons to the contrary, yf we thought it convenient so that Mr doctor

3 From " and so " to " in my presence " is omitted by Tierney.

33 "

4 From " who understanding to as they do " is omitted by Tierney.

5 From " who no dout " to" grave congregation" is omitted by Tierney without indication of omission .

6 From " especiallyseeing " to" hys propositions" is omitted byTierney without indication of omission

might be heard and understood as no dout he hath ben in all hys propositions and thys I am bold to say unto you in respect of the confidence you repose in me, as also in discharge of my conscience, assuring you nevertheles, as I have donne heretofore, that notwithstanding any diversity or contrariety of opinion or judgment which I may have in any of Mr doctors propositions , I will in respect of you so long as I am your agent, forbeare to signify the same to hys holynes or the cardinals, except I be commanded to declare yt, in such sort that I may think my self bound theretoin conscience , in whichcase I am sureneytheryou, nor any man els wold wish me to conceal yt. "

$I wrote unto you in my last, my opinion concerning doctor Worthington, and the bussinestouchinghim; and I will nowonly ad ,that Imake no dout but that he will be able to put hys college ingood order, and have suchsufficient men about him as youwish, which for some yeares past he could not have in respect of his extreme poverty and I heare he hath alreddy called unto him some men of worth, and sett up a lesson ofdivinity, and another of cases, besydsothergood orders established; whereof I dout not but you will heare dayly and see better fruite then some as yt seemeth , have reported. We have oflate (I meane duringthese vacations) differredto deale foryour pension, whichnowby gods grace we willpresently negotiat, hys holynes being returned to S. peters, and the Cardinalsto theyr houses from these recreations ; god sendus as good success therein , as you deserve and we desyre, and for my part, I assure you there shall want no care or diligence.

7 Persons forecast , as he notes in a letter to Birkhead of 20 March 1610, that " whatsoeverhe (Smith) should not effectuateto his will, he would ascribe to mycontradiction and thereby excuse himselfwith you, which being believedevery man seeth what likelyhood there is of peace and concord by his meanes among us " (Milton House MSS .). His forecast proved justified; for it is clear from Birkhead's letters that Smith did representthe rejection by the Pope and the Cardinals of the Inquisitionof most of the petitions presentedand expounded to them by him, to the underhand machinations of Persons and Fitzherbert (cf. Birkhead to Smith, 3 October 1609, 9 October 1609, and 8 January 1610 , West Arch., VIII, nn 158 , 160, and IX,n. 2). Yet the attitude of Persons and Fitzherbert appears from their letters to have been perfectly correct and above-board (cf. Persons to Birkhead, 25 July 1609, Milton HouseMSS , and Fitzherbert to Birkhead, 19 September , supra) The fact is that both of these were made scapegoats for the decisionsof Rome by the party to whom those decisions were not welcome. Garnet noticed the same tendency at an earlier period in the Appellants In a letter to the General of 11 March 1601 he writes : "If some order comes from Romeorfrom the Apostolic Nuncio in Flanders which does not please them , thinkingitnotpoliticto impute it to their Superiorwho could chastisethem , they lay all their complaint on the Jesuits" (Arch. S.J. Rom. Anglia, 31.11, f. 172 ff).

8 From "I wrote unto you " to the end of the letter, i.e. " gods holly protection, " is omitted by Tierney.

9 The two men whom he called to Douay at this time to lecture within the seminarywere Dr. J. KnatchbullandW. Singleton, whoshortlyafterwards took his doctorate at Trèves (Douay Diaries, C.R.S. , x, 99, and passim . Cf. also Persons to Birkhead, 30 October 1609, MiltonHouseMSS. ,and infra, Narrative of Dr. Smith's Agency, note 30)

I

understand that you are advertised there, that Mr doctor Norton10 came hither to crosse Mr doctor Smith, in the matter of busshops; what some men might imagin of hys coming hither I know not but sure I am, that he delt not in such matter here , and that having donne his devotions, and enjoyed the comfort of thys holly place some 3 or 4 months, he returned with grant of some indulgences and privileges for the monastery of our cuntrywemen at Brussels, where hys sister ys, as I think you knowe. And for the matter of busshops yt was not so much as moved or spoken of, for ought I knowe, whyles he were here. I think I have wearyed you no lesse then myselfwith thys long letter; and therefore wil take my leave, recommending you to gods holly protection; from Rome the last of October 1609

Yours as my owne

T. Fitzherbert

11 I have donne your commendations to F. parsons andyour message, whereto I think he will answere him self only I will say that I hope your wisdome will provydethat his holynes interpretation of the late breve, shal not produce a contrary effect to hys meaning, I meane a greater separation and division then before; as yt must needs do yf you may not hold with the fathers so much as a frendly correspondence by letters which shall not concerneyour government , 12andyfanyman persuadeyou tothat, I think you may well feare that he is no such frend of peace as were convenient, what so ever he may pretend the contrary. Addressed " To my very loving frend Mr George Salvin geve these "

Mark of seal, and endorsed " The last of Octob 1609."

XIX

. FITZHERBERT TO BIRKHEAD, 21 November 1609 .

Milton House MSS Holograph, partly printed in Tierney-Dodd, v, p. lxxxvii

Right reverend and most deare Syr.

Since my last unto you which was of the last of October , ¹in answereof yours of the 9 of August, I have receaved anotherof the 24 of Julywhich I think was one ofthetwo letters, mentioned in that ofAugust, wherein you say thatyou had writtensomewhat roundly unto me, whereto I had not need to say much in thys, for that I answered the samelargely in my last. only I will add that whereas you say in your postscript that yf I benot of the Society (as many do thinkI am) you must enjoyne me to concurre with doctor Smith, in such things as you andyour brethrenshall think convenient , and yf I be of the Society then I am not fit

10 An alias of J. Knatchbull (cf. C.R.S., x, 99).

11 From "I have donne" to " will say that " is omitted by Tierney.

12 From " and yf" to the end of the postscript is omitted by Tierney.

1 From " in answere " to " 9 of August " is omitted by Tierney.

to be used ofyou, I answereto the first ofyour twofold³ proposition for of the latter I have written heretofore that yf you will needs enjoyn me to concurre with doctor Smith, as you say, you must, I must then entreatyou, that those things whichyou shall recommend unto him to be propounded, may be such, as I may in consciencethink convenient , for otherways, I have alreddy a greater injunction layd upon me, thenanyman can dispensewith, and Ithinkyour selfwillnot wish me to do agaynst my conscience , to satisfyyou or any man els ; neyther can I persuade my self, thatyou and those with whom you consult, have any infallibility in your resolutions, that I am bound to conforme my conscience thereto, when I see reason to the contrary; and that I may have reason some tymes yea and have had alreddy to dissent from Mr doctor Smiths opinions, and your resolutions there, yt appeareth sufficiently by the late decision of hys holynes and ofthe whole congregation of the inquisition in those propositions which they have rejected, wherein I refused to concurre with Mr doctor; 5so that neyther my conscience ys always erroneous , neyther your determinations there always so convenient that you may (in my poore opinion ) justlybynd me to the approbationand sollicitation thereof, in which respect I hope you will rather stand to the libertywhichyou have both prudently and frendly geven me and in manyofyour letters, and even in your last, to wit to forbeare concurrence with Mr Doctor in case of different opinion, so that I do not oppose my self agaynst him, or hinder him, which, as I have in dyvers letters written alreddyI assured you I will not do , except I be demanded my opinion in such sort that I shall think my self bound in conscience to declare yt, in which case also, I will content my self also to speak my consciencewithout any further opposition , or sollicitation agaynst him. But good Syr, yf I may be so bold as an ouldfrend to speak my mynd playnly unto you I shuld rather have expected that considering as well my longer experience in thys court, and in matters of negotiation then Mr doctors, as also my sincere good will and affectionto you, it might have seemed good unto you,to enjoynMr doctorto follow, at least sometymes, my opinion, when I shuld judge your resolutions not lykely to be grateful to thys court, which neytheryou there (yf I may be so bold to say yt) nor yet Mr doctor here, for ought I see , may be lyke to know so well as I, by reason of the 8 or 9 yeres experience, which I have alreddy had here. besyds that, speaking still under your correction, me thinks I might clayme some little privilegein this kynd for that I am Mr doctors ancient in this our agency, hoping that my service ys neyther lesse grateful unto you, nor of lesse merit

2 Tierney, following Dodd, erroneouslyprints" yours " insteadof "you."

3 Tierney omits " twofold "

4 Tierney erroneouslyprints " resolution " instead of " decision . " "

5 From so that " to " agaynst him " is omitted by Tierney.

then hys, because myne was first offered you of my owne good will as to a frend, and hys eytherrequyred or commanded by you, as hys superior; for although in some cases, where eythercomodity or honour ys sought, proferred service ys litle to be respected, yet in my case , where I can expect neytherof both, I havecause to think very worthy of acceptance, for truly what I gayn by it, your self may easily ymagin, and yf any man think, that I take my self to be any way honored by yt he ys greatly deceaved; for althoughI dout not, but that farre better men of our nation, then my self might be well contented, and think them selves honored with the tytle of your agent, yet for my part, having served the King catholyk, so many yeres as I have donne heretofore, in honorable commissions and employments, and having still the honour to be hys servant, as I am and yt pleaseth him to take me I can not think yt any reputation to me to be agent to any subject whatsoever ; in which respect I must needs say, I flatly refused to be agent to your predecessor, when I was earnestly entreated thereto, by his procurators Mr parker (whose soulegod pardon) and Mr Archer whichI say to the endyou may conceaverightly of the motives of my offred service, which were no otherbut mere good will and old frendship to you, and respect to our common cause, which I preferre before all other considerations whatsoever. And thys being so (whereof I trust you have no cause to dout) I hope your wisdome will consider, that those reasons which first moved me, without all respect of interest to offeryou my labours and service, will also both move and bynd me to serve you, with all sincerity of love and affection, and due care of our common good, as farre as my poore wit and judgement can extend Thus much for thys poynt.

As touchingdoctor Worthington, 6 I have written toyoumy mynd sufficiently once or twyse and therefore need not to say much in thys; I will only ad, that it seemeth strange to me that any with you, can persuade you or them selves, that it wylbe an easy matter to expel him, seeing there ys nothing objected agaynst him which yf yt were true, could deserve half such a rigorous chastisement, and being answered by him , will prove to be of small moment and may rather discover passion in hys adversaryes then winne them credit or work the effect they desyre; as I makeno dout but you will see by experience yfyou determin to proceed to the tryal, 7 8whereof thys good may also

6 From "I have" to " ad, that" is omitted by Tierney.

7 Because Fitzherbert wrote in the above letter that " there ys nothing objected agaynsthim (Worthington ) which yf yt were true, could deserve half such a rigorous chastisement(as expulsion), and being answered byhim, will prove to be of small moment, " etc., Tierney (op cit , v, p. lxxxix, note) does not scruple to accuse him of dishonesty, and to prove that Fitzherbert knew that the charges against Worthington were not light, he adduces two mentionedbyhim in hisletter of22 August 1609 (supra)(1) thatthePresident ofDouay hadrefusedto be bound bythe rules, decreed on 10 December1608 , for the settlement of the dispute between the Jesuits and Benedictinesat

follow that you and oure brethren with you, may see how farre your discourses and resolutions there, may be from the humour of this court, and therefore how necessary it ys, that what you conceyve or resolve there, be maturely considered here before yt be propounded , but howsoever yt ys, yf you proceed in that matter, I will not meddle therein, as long as I am your agent asI have written heretofore, thoughagaynst any otherthen your self, I must needs sollicit for him, as hys procurator and assured frend, especially seeing no other matters agaynst him than I do, or am lyke to do. he was of late greevously accusedto hys hollynes and the congregation of the Inquisition by suggestion, as I think, of the benedictins, hys neyghbours, or at least by some frends of theyrs, and in theyr favour, but he hath so cleared the matter, by the subscription of 8 or 9 priests of hys college, that yt hath turned greatly to hys credit, and will move his hollynes to suspend hys judgement in other such accusations agaynst the president untill he heare hys dischardge, he hath nowsettled hys colledge reasonably well, upon the supplyof money sent him from Spayn; and althoughhe have not those learned men about him, which some withyou, may have desyred yet he hath such, as are , Valladolid ; and (2) that he actuallymade the students swear not to enter any order except that of the Society of Jesus Of this it may beremarked in the first place that these charges, all referring to the dispute between Douay and the Benedictines , are quite irrelevant to what Fitzherbert is discussing in the above letter of 21 November, which concerns the charges, quite different, brought against the President by Birkhead and someofthe secular clergy, viz the want of theological lectures within the seminary, having a Jesuit as confessor , sendingpriests to the mission unpreparedand unlearned, etc. Tierney's remarks are doubtless partly due to his muddleheadedness But apart fromthis, as regardsthe first charge , allthat Worthington had done was to maintain to the nuntio, while the dispute was still sub judice, that he was not bound by the decision which ended the strife between theJesuitsand the Benedictinesat Valladolid, as Fitzherbert himself had maintained earlier (cf. Fitzherbert to Worthington , 6 September 1608 , supra). He might well urgethis, seeing that the documentis headed " Regulæ observandæ a Patribus Ordinis St Benedicti et Patribus Societatis Jesu ... a SSmo Domino Nostro Papa Paulo V in Sacra Congregatione ordinatæ X Decembris 1608." There was, in fact, nothing in the documentindicating that Douay was included On the news ofthe position taken up byWorthing- ton being reported by the Nuntio, the matter was referred to the Cardinals of the Inquisition, who decided that the Rules of 10 December 1608 were binding also on the President of Douay (Fitzherbert to Worthington, 22 August 1609, supra).

As to the second charge of " swearing" the scholars not to enter any orderexcept theSociety of Jesus, Fitzherbert in this very letterof21 November 1609 states thatWorthingtonhad so clearedthe matter bythetestimony of eight or nine priests of Douay, as Fitzherbert had counselled him to do in his letterof 22 August, that it had turned greatly to his credit In a word, thechargewasproved to befalse. This passage, however, ofthe aboveletter of 21 November, Tierney very carefully omits in his printed version of it, and thereby causes grave suspicionof his own want ofhonesty as an historian of the Church in England.

8 From "whereof thys good " [p 65] to "hys dischardge" is omitted by Tierney. For the significanceof this omission see note 7 supra.

FITZHERBERT TO BIRKHEAD , 21 NOVEMBER 1609 67

no dout, sufficient ; and being well knowen to hys hollynesand the Cardinals, wilbe able the better to answerefor him and them selves in case he or they be impugned.⁹

10As for the sute concerning your pension, whereof I wrote inmylast. Mrdoctor and Ihavebegunneyt, andthoughhyshollynes hathnotyet gevena resolut answereto our vyceprotector , but first demandeth to know, what pension, your predecessorhad , and in what manner , yet I make no dout, but yt wilbe granted ; though yt will cost us no small labour to sollicit yt in the datary, which nevertheless Iwill for my part willingly undergoe foryou, though for my self I wold not, having forborn to sollicit a pension of 300 A [crowns] a yere (which hys hollynes gave me in the datary at hys first coming to the seat) because I wold not takethe paynes to sue yt out . 11

Cardinal Bellarmins booke12 ys now abroad here, and very well lyked; and yt ys sayd that dyvers others have written, as well herein Italyand some others in Rome, as alsoin otherparts I feare me I have wearied you with thys long letter and therefore I wil cease further to troobleyou at thys tyme, recommending you to gods holy protection from my old residence , the21 of november 1609

Yours as my owne T. Fitz.

Cover and address lost.

Endorsed " 1. 21 November 1609 .

2. Thomas Fitzherbert."

9 In a letter of 14 January 1606, to the Lords in Council, Sir Charles Cornwallis, the English Ambassadorin Spain, reported that Father Creswell , S.J. , after making earnest and daily suit for 8,000 crowns due for arrears to the seminaries , had been able to obtain no payment other than rents , which would not be paid in less than three years (Winwood Memorials , ii, 282). It appears that Worthingtondid receive some payment three years later, i.e. in 1609 (cf. letter of A. Champney, 28 January 1610, West Arch. , IX, n 10) Whether it was in consequence of this or not, Knatchbulland Singleton certainly began lectures again at Douay at this period (cf. infra, Narrative ofDr. Smith's Agency, note 30, Birkhead to Persons , 11 November 1609, and toSmith, 8 January 1610, West Arch., VIII, n 177 , and IX, n 2)

10 From " As for the sute" to the end of the letter, " gods holyprotection, " is omitted by Tierney.

11 From Birkhead's letters of 1612 and 1613 it would appear that he receivedno pension fromtheHoly See (cf. Birkhead to More, 23 August 1613 , West. Arch., XII, n 149)

12 The book referred to is ApologiaRoberti S. R. E. Cardinalis Bellarmini pro Responsione sua ad librum Jacobi Magne Britannia Regis, Romæ , 1609

XX. FITZHERBERT TO BIRKHEAD , 6 FEBRUARY 1610

SWYNNERTON (FITZHERBERT) TO SALVIN (BIRKHEAD), 6 February 1610.

Milton House MSS Holograph, partly printed in Tierney-Dodd, v, p. xcvi, but erroneously ascribed to 6 March.1

Right reverend Syr.

When I wrote untoyou last (whichwas the 16 of January) I did not think that I shuld have occasion to troobleyou agayn, as nowIamforced todo, bythecommandment of Cardinal Bianchetti our vyceprotector , who hath geven me thys letter to send you, 2conteyning the resolution of hys holynes, concerning all the propositions ofyour agent Mr D. Smith, and being a duplicat ofthat which hys grace also sent you at thys tyme, by your sayd agent; 3I perceave that his grace considering the danger of the passage of letters, and that a dispatch which I sent you the last sommer from hys grace, about the priests in the Clink, was lost, and that this also concerneth the same matter, as he telleth me , he hath therfore thought good to send thys two ways; I shall not need to say any thing unto you concerning the contents thereof, for that the samewill satisfy you fully; only I can not omit to signify unto you the hope I have, that nowyou will show yourwisdome and piety, not only in conformingyour self to hys holynes pleasure (as you have oft assured me, you wuld do, when you shuld see

1 Tierney (op. cit , v, p xcvi, note) states that the date is evidentlya mistake,forBianchetti's lettertowhich Fitzherbert refersisdated26February. He, therefore , suggests that the month should be March. But it would seem that the date on the letter is the correct oneit is clearly written in the holograph manuscript Moreover, in a lettertoSmithof 11 April 1610 (West Arch. , IX, n 32), Birkhead, by his remarks on it, unmistakably refers to the same letter of Bianchetti : I send you here inclosed , " he writes , "the copie of Card. Bianchettis letter to me which also I am informed you should have had to send to me, but in effect you have in your latter letter sent as much as he said. " Now this latter letter of Smith's, as Birkhead states, was one of 20 February, i.e. six days earlier than Bianchetti's letter of the 26th of the same month There is, however, a further complication. In another letter, of 11 April (ibid, IX, n. 33), Birkhead writes that he is enclosing a copy of his replyto Bianchetti's letter, and he reiteratesthe statement in his letter to Smithof 23 April (ibid. , IX, n 35). Yet actuallyin his answerto Bianchetti he states that it was on 29 April that he received theCardinal's letter of 26 February sent by Fitzherbert So it would appear thatthecopy of his answer, sentto Smithon 11 April, was a replytoa letter which he had not yet received! This conflict of dates cannot be resolved by the difference between new style and old style, the one being used in Rome and the other in England The solution lies in supposingthat the Cardinal on 26 February wrote a duplicate of an earlier letter. It was quite usual to send suchduplicates and especiallyat this time, as there is reference to letters not reaching their destination Birkhead, then, received both the earlier letter and the duplicate of 26 February; refers to the former in his letter toSmithof 11 April, and to the latter in his reply to Bianchetti. This reply, however, does not appear to have reached the Cardinal, for in a letter on the subject he makes no reference to it, but only to one receivedfrom six of the Archpriest's Assistants

2 From " conteyning" to " hys holynes" is omitted by Tierney without indication of omission

3 From "I perceave " to " two ways " is omitted by Tierney.

FITZHERBERT TO BIRKHEAD , 6 FEBRUARY 1610 69

hys answere) but also in procuringthe lyke conformity in your subjects, to the end we may have peace and quyet amongst us which hys hollyness greatly desireth 4Whereof he hath seen alreddyhere very good beginning, in the late peace and reconciliation made betwixt the Benedictins and the fathers ofthe Society, which doth dayly produce good effects; besyds the conformity of others here, who do nowdispose them selves to peace and quietnes more then in former tymes, as Mr Doctor your agent doth well see and my hope ys that he will also conforme him self thereto as he hath promised, and I dout not but you shall sufficiently see yt by hys letters , so that now not only we, here , but also hys holynes and the Cardinals of the Inquisition do expect the confirmation of thys good work from you and your brethren there; which me thinks may be the more easily granted, and the better performed by you, because there ys nothing requyred at your and theyr hands, for ought I see , but that you will seeke no innovations , nor to passe the bounds of hys holynes breves , which being observed, I can not see, how there can be any further cause of dissention betwixt you, and the fathers , who will not, I am well assured, deale with you, or with any matter pertaining to your government ; so that it now restethin your owne hands, both to make and conserve peace byf it please you and our brethren with you, whereof can not but have great hope, knowingyour wisdome and charity as I doe for the accomplishment whereof, my prayers to god or other endevours shall never want: and so for thys tyme I take my leave, recommending you to gods holly protection, and resting yours in the old manner from my old residence the 6 of February 1610

Yours as my owne T. Swynnerton .

Addressed " To my very good frend

Mr George Salvin."

Endorsed " 1. 6 febr. 1610

2. Thomas Fitzherbert."

XXI SWYNNERTON (FITZHERBERT) TO SALVIN (BIRKHEAD), 18 June 1610 .

Milton House MSS Autograph, partly printed in Tierney-Dodd, v, p. cl

Right Reverend Syr, and my very deare frend, I have received yours of the 11 of April, and perceive thereby that you meaneto conforme your selfein all thingstohishollynes determination, whereof truely I never douted ; And whereas you seeme tofynd some difficulty in some part ofmy Lord Card. vyceprotectors lettersto you, wherein his grace wished thatyourAgent heere , would take the counsel, or opinionof those, with whom he was wont to consult your affayres before his hollynes Last order ,

4 From " Whereof" to " well see" is omitted by Tierney. 5 From " yfit pleaseyou omitted by Tierney . " to the end of the letter, "old residence , " is

( whichdesyre of his grace you thinke doth contradict his former letters signifying unto you that you shuld not uti opera patrum in rebus pertinentibusad administrationemvestram) you may if it please you very well understand both of the one, and of the other in such sort that you shall fynd no contradictiontherein; for the clause of the Card. his first letter excluding you from the helpe ofthe fathersys (no dout) to be understood ofmatterspertayning to the government of your subjects; and the other clause of the latterletterto be referred to all other matterspertayning tothe wholeclergy and churchof England, whereof you and your subjects are but a part, seeing that all the religious in England, and those english priests abroad (who labour for the common cause, and are not subject to you) are part of the clergy; as also our seminaries, and all the Catholyke layty (withwhome you have nothing to doe) are a notable part of our english church , 2 and therefore there is no reason, neyther was it ever his hollynes meaning (as it may well be thought) that only you, and your Agents here, shuld be heard in matterspertayningto other parts ofthe clergy and church, as well as to you, and yours, which is now evident by his hollynes late resolution , to wit, that he will innovate nothing, neyther yet grant any thing concerning the whole church of England, if it be not propounded by a general consent of all, and specially of such as may be most intessed [sic , for interested] there[in] and therefore my Lord Card: vyceprotector had greate reason , if he wished that in such matters as touched the general state of all, your Agent heere woold use the helpe, and advyse of those with whome he consulted before whether they were of the Society or any other , for that such matters doe not belong properly to the administration ofyour charge, more then to allthe religious, and other english Catholyks aforenamed.8

1 From " which desyre" to "I know not, and , " in paragraph two, is omitted by Tierney.

2 Only the priests in England (and Scotland) were subject to the Archpriest (cf. Cajetan's Constitutive Letter of 7 March 1598 , Tierney-Dodd, op. cit , iii, pp cxix and cxxvii)

3 One of the root causes of the divisions and dissensions in England was the erroneous conviction in the minds ofsomefor erroneous it undoubtedly was--that the decisions of Romewere not due to the independentjudg- ment ofthe Pope and the Cardinalsofthe Inquisition , but to theall-powerful and underhandinfluenceof Persons, whosomehowor other bent every one to his will. Persons himself was quite conscious of this erroneous conviction, and in a letter to Birkhead of 4 October 1608 writes : " And it seemeth heere strangeto wise men , that it is the strangestpoyntin the worldand to savour of strong passionthat I professingas I do, that neyther I have , nor desyre to have any least parte in the managing of their affayres as both his Hol and theCongregationof Cardinals by whosehandsEnglish affayresdopasse, do well know , and testifye with me, yet that they will not eyther cease to demandthat I meddlenot, nor show some particulars wherein I do meddle , and in very deed no man is so simple but seeith that the accusationfalleth ratherupon his Hol whom theyfalsely suppose and give out to be ruledby me, then upon my selfe , onlyit seemeththey would have meto have neyther eyes, nor eares, nor tongue, to see , heare, or speake, nor subsistence in this

But what his grace wrote unto you, I know not, for I did not reade his letter, but, as I remember, he told me when he gave place and would annihilate me from the face of the earth, which lyeth not in their power, though their passion be never so strong, but heereI lyve while obedience doth appoynt it so , whereI shall be ready toserve mycountry and them also , if they will use me, neyther may I hold my peace if his Hol demand my opinion, nor were it reason, though I do fly most willingly all occasion to speak or deale in any matter that concerneth them, or theirs, And if thiswill not conserve peace and frendship amongus, I know no other meanes of remedy but patience and perseverance , which fynally will overcome all. And so much I pray you lett them know from me in Christian love with my commendationsto everyone, wherof I suppose there be few to whom I have not sought to do pleasure and service and never to hurt them , and my opinion is that they hurte themselves more bothbeforeGod and man with this manner of animosity against ther frend that laboureth in the same cause of Gods service with them, then is needfull heere to be repeated " (Milton House MSS.; cf. also Bavant to Birkhead, 26 November 1608, infra) That same erroneous attitude of mind Smith certainly adopted in Rome , and when a negative answerwas given to his proposals , he ascribed it to the same cause , though both Persons and Fitzherbert endeavouredto warn Birkhead in a contrary sense (Fitzherbert to Birkhead, 19 September and 31 October 1609, supra, and Persons to Birkhead, 30 October 1609 , Milton House MSS.). On the rejection, for instance, of his petitionfor the withdrawal of the brief concerning the doctorate, Smith suspected quite wrongly that "some had gone about to Cardinals to cross that suite" (Persons to Birkhead, 25 July 1609, ibid) It appears, however , unless Fitzherbert and Persons are to be considered unscrupulous liars , that they had been perfectly correct and even conciliatory in their conduct, going so far as not to propose counter reasons when they disagreed with Smith's proposals , unless they werecommandedto express their opinion (Fitzherbert to Birkhead, 19 September and 31 October, and Persons to Birkhead, 30 October, 1609 , ut supra) There had followed, in consequence, a breach of amicablerelations betweenthe parties, andthey appearno longerto havemet together (Persons to Birkhead, 6 March 1610 , Milton House MSS.) At the same time Birkhead, in England, influenced by Smith's letters (not one of which by a strangefatality seems to havesurvived ofthese two years), determinedas early as September1609toremoveFitzherbert from hisagency(Birkhead to Smith, 17 Septemberand 3 October 1609, West Arch., VIII, nn 152 and 156) When notified ofthis dismissal, Fitzherbert and Persons , who had hadno inklingofit, felt aggrieved , seeing in itanaffront which nothing ontheir part had deserved . They complainedaccordinglytoCardinalBianchetti (Bianchetti to Birkhead, 24September1610, ibid., IX, n. 76). After the Pope,however, had given his final decision on the matters proposed to him , Smith, at the Pope's own request,hadresumedfriendlyrelations with Fitzherbert and Persons (Birkhead to Smith, 11 April 1610, ibid, IX, n 35, and Persons to Birkhead , 6 March 1610 , ut supra), and it was withthesame desireforunion and peacea cardinal point of papal policy in all these quarrelsforthe last twenty yearsthat Bianchetti suggested to Birkheadthat he shouldtrytofind some remedy for English affairs which would win general acceptance , and that with the same end in view he might advise Smith to take counselof thosewhom on his first coming to Rome he had commandedhim to consult. He added that the advice also of Dr. Thornhill might be taken (Bianchetti to Birkhead , 26 February 1610, West Arch, IX, n 22) This suggestion of Bianchetti was unfortunately interpreted by Birkhead and theAppellant party as being contrary to the very brief of Clement VIII which in that same letter of 26 February the Cardinal, by the Pope's command, had told Birkhead must be observed ad literam! Birkhead declared so in his reply to the Cardinal, and six of the Assistants, all of the Appellant party, in a petition to the Pope of 1 June 1610, after proposing certain measures for the Church in England, also referred to Bianchetti's suggestion as being opposed to the Clause in Clement VIII's brief, forbidding the Archpriest to

it to me to send you, (as also since) that he had signifyed unto you, that he wished your Agentwould consult your affayres with MrDoctorThornel, and me, but whether he named us particulerly consult the Jesuits on matters concerning his government (Birkhead to Bianchetti, s.d., 1610; Petition of the six Assistants, ibid , IX, nn 35 and 40 Cf. also Letterof five Assistants to the Protector, 9 June 1610, ibid, n. 41). To these the Cardinal replied in a letter to Birkhead of 24 Septemberthat the Pope, after mature deliberation on the proposed measures , had ordered him to say that neither as regardsmissions noras regards Douay was there to be any innovation, and that Clement VIII's brief was to be observed ad unguem. He addedthat he was not a little surprisedthat his suggestion of 26 February had been interpreted as contrary to that brief, and that anybody rightly considering the trend of that letter would easily understand that nothing wasfurtherfromhis mind than to persuade Birkhead to act contrary to the Pope's command (Bianchetti to Birkhead, 24 September 1610 , ibid. , IX, n 76) In reply to this the Archpriest penned a very long letter , assuringthe Cardinal that hewould carry out the Pope's wishes, and justifying his dismissal of Fitzherbert from his agency by the opposition that he and Persons had made to his proposals (Birkhead to Bianchetti, 6 December 1610, ibid, IX, n . 98) Finallythe incident was closed by a pacific letterfrom the Cardinal, regretting, indeed, that complaints had so quicklybeen made from a misinterpretation of his former letter, but bidding Birkhead to cast aside all sinister suspicion of him, as he had his affairs very much at heart. As for the dismissal of Fitzherbert, it had been quite unnecessary for Birkhead tojustify himself Withoutexamining into the causesofit, theCardinal had made a suggestion merely and not given a command, and as the Archpriest had judged another course to be expedient, that was the end of the matter (Bianchetti to Birkhead, s.d., inreply to the latter'sletterof 6 December, ibid., IX, n. 29) It may be addedthat even thepeace madebetweenthe parties in Rome , though welcomedby Birkhead himself, wasnottothetaste of the Appellants (Birkhead to Smith, 10 June 1610, ibid , IX, n. 42)

4Had the Cardinal known the documents now accessible to students, he might well have refrained fromrecommendingDr. Thornhill His history is as follows. After a brief stay at Douay he had been sent in 1581 to the English College, Rome, took the students' oath in December of that year, and was duly ordained in 1587. Later, having obtained his doctorate , he becamea canonof Vicenza A year after the accession of James I, he obtained permissionfromthe HolySee to leave Vicenzafor a time and go to England "for the honourofGodandthe good ofsouls " (Aldobrandino tothe Bishopof Vicenza, 29 May 1604, R.O. Transcripts 9, bundle 113). In reality, however , hewascommunicatingwiththeEnglish Governmentbymeans ofSirAnthony Shirley in order to reveal the machinations which he asserted the Jesuits were contemplating against James I, and by the same channel sent the Government a relation on the same subject (Shirley to Cecil, 25 Apriland 22 May 1604; the same to James I, 22 May 1604, Hatfield Calendar , xvi, 71 and 109. The relation may be the same as the Italian document still preserved in the Record Office . Cf. Domestic Calendar , James I, 1603-1610 , p. 277). On arriving at Paris, Thornhill got into touch with the English ambassador , Sir Thomas Parry, presented him letters from Sir Anthony Shirley and one from Dr. Gifford, and offered his services as an intelligencer, reserving, however,forthe king's earthe relation ofthe Jesuits'futuredesigns The ambassadorstrongly urged Cecil to accept such a promising spy and added:" in this busynes it appears thatto nourish this faction betweenthem (the Jesuits) and the secular priests mater and good instruments will not want. " Cecil replied, however, that he did not see what good Thornhill could do in England, and that if he had anythingworthrevealing, he could inform the ambassadoror write; for his coming over might " breadjalousie " With this reply the Doctorwas much grieved and told Parry that he dare not reveal his news to him and was determined to cross to England despite Cecil's attitude (R.O., French Corr., Parry to Cecil, 3 September , 3 and 5

in his letter to you, or comprehended us in those general tearmes which you mention I know not, and this it seemed to me the Card wished for the better conservation of union amongst us; whichI speakenot, I assure you, for any desyre I have to meddle in your affayres or to be acquaynted with them, but only to explicat unto you his graces meaning, for as much as I have gathered thereof by his speeches to me. , And truly I shuld be 1[o]th that Mr Doctor Smith shuld conferre youre busines with me, until I shuld see him more apt to take advise, and follow then I found him to be when we dealt together and thus much for that matter.

Whereasyou signify that his grace hath geevenyou tounderstand that his hollynes pleasure is that you shall observe allthe breves, and [sic, for ad] Litteram, which you also seeme to explicat, saying yt is not to meddle with the sayde venerable fathers in matters belongingto your government , (wherein you say, I shall see thatyou andyour Agent will not be backward) I cannotomit toput you in mynd, that there are besydsthe clauseyou mencion , dyvers others also contayned in the breves to be observed ad Litteram, whereto no dout his hollynes expecteth you and your Agent shall beas forward, as to the other poynt byyoumentioned, which I say, because it seemethto me you insist altogether uppon the one clause , as though the same were only or principally to be respected, whereas I may in respect of my charge under the president of Doway desyre you to remember that there be some clauses concerning him, which are also expressed in the breve and to be observed ad Litteram as that you are to consult the busynes with him, yea and to advertise him from tyme to tyme ofthe stateofyour affayres, to the end he maygeevenotice thereof unto the protector; as also it may please you to call to mynd that your charge is limited only to the government of priests within England, and Scotland, by expresse woords , whereby it is also cleare, thatthe mattersofDowayoroftheother seminaries, or priests abroad, doe not belong any way unto you. which I am bold to say the rather because you insinuat that you may have yet some further dealing concerning doway, for that you say that although you hope to labour with your brethren to very good purpose concerning other poynts, yetyou feare that the poynt ofDowaywill stick hardly intheyr myndes ; nevertheles I trust that when you, and they shall have well considered of his hollynes late determination , your wisdome will easilyconceive how ungratfull it woold be to his hollynes, that eyther any new Octoberand 9 November, 1604; Cecil to Parry, 20 October 1604). After his visit to England, Thornhillreturned to Paris and gave theNuncio an account ofEnglish affairs as he had found them,butregrettedthatowing totheJesuits he had been unable to have audience with the king or even an interview with Cecil! In reporting this, the Nuncio recommended him to theCardinal Secretary of State as one well informed on matters pertaining to England And so Thornhill returned to Rome (Barberini to Aldobrandino, 9 March 1605, R.O. Transcripts 9 , bundle 88)

sutes shuld be commenced, or former quarrels continued concerning matters a(1)reddy propounded heere, and determined, especially such as are so farr out of the limits of your commission, and charge, as the government ofthe colledge ofDowayandthe other Seminaries. and therefore my hope is that not onlyyou, and your Agent heere, but also our other brethren with you will surcease from such cogitations, and that as well by your good meanes, as bytheyr owne vertuous and charitable dispositions,theywillapply themselves to the confirmation, and mayntenance of a general union and peace amongst us all, according to the speciall order and commandment of his hollynes, who bathalreddyseene notable effects thereofin this place, and expecteth the lyke from you, and our brethrenwith you: 5And as I wrote untoyou in my last, you and they may (no dout) be quyet, if you will; for I ame well assured; that no man will molest you, or demand any thing of you; but if you, or any with you will molest others, by putting your sickles into theyr harvest, you will bynd them to theyr just defence, and for ought I can ymagin gayne as litle, as hetherto you have donne, yf not lesse, whichI leave to your consideration , especially concerning the colledge of Doway, (whichtouchethme most) wherein I must much against my will be an adversary to you, or any, that shall any wayimpugne the autority orgovermment [sic] of the president, so long as I shall be his procurator, 6 not douting that I shall ever be able to procur him justice in this court with all reasonablefavor, according to his merits, sufficiently knowne to our Superiours heere, however they are disesteemed, or rather misconceived by some with you, "but whatsoever falleth out, I assure you nothing shall alienat me from theharty good will and affection that I have ever borne you, whereofI beseech you to assure your selfe and to pray for me, as I do and daylye will doe for you, wishing to you no worse then to my owne soule from my old residence the 18 of June 1610 .

yours as my owne

Addressed " To my very Loving frend Mr George Salvin" T. Swynner

Mark of seal, and endorsed " 1. 18 of June 1610

2. Father Parsons"

Father Parsons " erased, and underneath is written "Thomas Fitzherbert "]

Underneaththe first endorsement is written " from MrSwynnerton to Mr Salvin , " but, probably, it does not belong to the endorsement

5 From "Andas" to" any thingofyou " is omitted by Tierney without indication of omission

6 An attempt was madelaterto get Worthingtonto dismiss Fitzherbert , and to make More, the clergy agent in Rome, to be his procurator in his place (Birkhead to More, 7 Septemberand 10 October 1612 , andWorthington to Champney, 27 December 1612 , West Arch , XI, nn 145, 176 and 233)

7 From " but whatsoever" to " my owne soule " is omitted by Tierney.

.

BAVANT TO BIRKHEAD , 26 NOVEMBER 1608

BAVANT TO BIRKHEAD , 26 November 1608

Arch S.J. Rom Anglia, 36.11, f 304. ContemporaryCopy. Right Reverend:

I expected (as I told your frend) to have been sent for by a dearefrend of mine neare London And then I minded to have used the wished opportunitie of us both to have mette and conferredabout our affayres But nowe by reason of this unsesonable tyme to travell : and for that I heard noe worde from him thesefive Monneths: I looke not to be sent for before the springe. In this meane tyme I thought yt expedient to satisfie your desire by your letters and to discharge my deutie to you and the rest of our brethren touchingthese poynts followinge : especially considering the uncerteyntie of mine owne life and libertie.

Of Bisshoppes

First: concerning the sute for Bisshoppes in England when I heard thatinthe tymeofthe vacancie ofour Archpristes govern-

1 John Bavant , a native of Cheshire , was educatedat Christ Church, and proceeded M.A. on 17 February 1553. He became one of the first Fellowsof St. John's and the first reader in Greekin that College. Duringhis residence at Oxford he wasthe tutor of Blessed Edmund Campion, and also of Gregory Martin (Martin's letters in Knox, Douay Diaries, pp. 314-319 ) BeforeQueen Elizabeth came to the throne he had taken orders, and one of his name was Rector of Solihull, Warwickshire, in 1560. Leaving England soon afterthe change ofreligion he journeyed to Rome, wherehe became one ofthe chaplains ofthe English Hospice ; andwhenCampionarrived therein 1572 he befriended him in everyway, assistinghim with introductions andwith money(Campion to Bavant, Campion's Opuscula, Barcinone, 1890, p 389; Simpson, Edmund Campion, p 86). Duringthe troubles at the English College in 1579 he was proposed as Rector in place of Maurice Clenock, before the seminary was handed over to the care of the Jesuits (Haddock to Allen, 9 March 1579 , Milton House MSS.; Owen Lewis to Allen, 10 March 1579, Tierney-Dodd, op cit., ii, p. ccclxi Cf. also C.R.S., ii, 155) After peace had been restored to the college he returned with Allen to Rheims and remained there some months beforeproceedingto the English missionin June 1581 (Knox, Douay Diaries, p 179 ; Allen to Agazzari, 14 February 1581 , C.R.S. , ix, 32) When he was preaching on All Souls' Dayin 1584, at the home ofthe Bellamysin Harrow , the house wassuddenlysearched , butwith two other priestsHolford and Davieshe contrived to escape (J. Morris, S.J., Troubles ofOur Catholic Forefathers, London, 1875, ii, 58) He was arrested, however, the next year, on 24 April, and imprisoned in the Counter in Wood Street (Prison Lists, C.R.S. , ii, 249, 252 and 255) But some time after July 1586 he regained his liberty, for Phelippes, at the request of his uncle, who had been a pupil of Bavant's at Oxford, petitioned Walsingham for his release, as he was" an old priest and no seminary" (Phelippes to Walsingham, 13 June 1586 , J.Morris, op. cit., p. 162. Cf. also C.R.S. , ii, 255) Some years later heappears as intervening in the disputes at Wisbeach, but with little or no success (Correspondence between Bagshawand Bavant, West Arch , V , nn 15-17) On the appointment of Blackwell as Archpriest, he was made one of the first sixAssistantsand supportedhim throughout the subsequent troubles, signing the letter of May 1601 , sent by six Assistants to the Nuncio in Flanders in answerto his requestfor information as to the causes ofthe disquiet (Naples, Bibl Brancacciana , Sign III, B. 3) By reason of his learning and character he was one of the most respected priests in England, and but for his age would have been chosen to succeed Blackwell as Archpriest in 1608, as he was " acceptable to all" (Avvisi from England, 3 and 4 September 1607, Arch S.J. Rom Anglia, 31.1, f 340; Persons to Birkhead, 5 July 1608, Milton House MSS ) His death is recordedin a letterof Birkhead to Moreof 2 April 1613 (West Arch , XI, n. 68)

ment (Mr Blacwellbeing then prisoner) that such a sutewas then intended : To prevent such prejudiciall sutes I being then the Senior Assistent and not knowing what other Assistent was then resident next to London to supplie the place and office of the Archp. till further orders were taken by our Superiors, according to the letters patent of his Institution:³ I wroteto Rome in mine owne name by a trustie frend in Januarie last (as I had written to our Protector Card Cajetane eight yeres before) that I never liked of that sute during this our miserable state for many causes alleaged in that letter: as namely that in Pope Clements tyme this sute was rejected (as yt had bene sixtene yers before by Gregorie 13th) and this present order of government under an Archp after longe and mature deliberationwas instituted as the fittest for the tyme and being impugned as surreptitiousyt was in most ample manner confirmed by a Breve of Clem. the yere following.5

Besides this: by all probabilitie yt could prove a matter so odious to all such as are in authoritie here, especially to all those that are inplaceofspirituall goverment and most ofalltoall Puritanes who professethemselfes open enimies to the veriename of Bisshoppes: that yt would give a just occasion (as they will construe yt) of a newepersecution and contynewall searchesand other vexations not onely agaynst the partie soe named: but generally agaynst us all

Moreover: such a Bisshoppe differing neyther in personable presence, habite, nor porte, from any other poor priste, should rather blemishe that dignitie then honour yt: and being barred (as he must be) from all open use of his function and faculties, should hardly performe those offices which some expecte.

Allso: thatnewe orderof ourgovernment would breed a newe jealousie in the mindes of our Superiors here that some great matters are in hand which cannot be performed by any under the dignitie of a Bisshoppe.

2Cf. Colletonto Persons, 20 September1608, whichrefers to this intended suit for bishops (Tierney-Dodd, op. cit , v, p xlv).

8 By Cardinal Cajetan's letter instituting the office of Archpriest and appointing Blackwell, it was decreed that should the Archpriest die, leave England or be captured, so that he could not carry out his official duties, the oldest Assistant residing in or near London should take his place until the Cardinal Protector had appointed another archpriest

4A document in the Jesuit archives states that the question of bishops was mooted about the year 1580 (Arch S.J. Rom Anglia, 31.1, f. 418) This may have been in connection with Goldwell's intended visit to England of that year, and Bavant, who was in Rome at the time, would have known of it Persons also, in a letterto Birkhead of 5 July 1608, mentionsa petition for bishops in Allen's time (Milton House MSS .) But this may refer to Persons's own attemptunder Sixtus V to have such appointed, after he had obtained a promise in 1591 fromthe Bishop of Jaën to supply means forthe maintenanceoftwo orthreebishops in England (cf.Persons, " Briefe Apologie, " f. 101).

5 The briefof6 April 1599 (Tierney-Dodd, op cit , iii, p. cxxviii)

Lastly: what further ende soever maye be intended this attempt cannot be voyde of some signes of ambition in some , especially in such who in tyme past devised wayes to sett uppe themselves in authoritie over theyr brethren and nowe most busyily travell for voyces to preferre theyr sute for Bisshoppes And noe marvell yf some number (in consideration of your authoritie sending them in your name and of the forwardnes of them in solicitinghave shewed them selves not to repine agaynst yt: though(as I heare) the most ofthem referre them selfes wholely to his hol determinationtherin.

These and certeyne other causes specified in my foresaide letter moved me, then to write as I did. And since that tyme I finde no sufficient motives to allter mine opinion: but rather many to confirme yt.

First: forthat his holines that nowe is hath not aulteredther former course of government by an Archp upon the late occasion ofMr Blacwells remove: but hath contynewed and confirmed the same (as you see) by his Breve and committed that charge to you. Secondly (as you write) he hath forbiddenyou oftenerthen ones to send uppe any Agent about that matter. Thriddly (as you allso write) he hath sett a staye in that use till he be satisfied concerning certeyne difficulties which he findeth in placinge any such Bisshoppes here: which I suppose will not be performed in hast.7

Yet: all this notwithstanding I will observe your order in sonding others as oportunitie shall serve howe they likeor dislike of this mater: except I shall heare from you that you thinkeyt needles : whichmayt well be bycause you write in yourlastletter that those that have pressed you so much, are nowe contented to stand to his holines pleasure: which indeede is the commone answeareof all such as Ihave hitherto conferred with aboutthat mater and will prove the onely meane of true unitie amongst us and a great comfort to all that tendertheyre owne quiet and the good of our countrey.

Of an Agent

The next and principall mater of all is about the sending of an Agent to Rome to follow our causes . Of this mater I have

6He is referring to the plan devised by Colleton, Mush and others in 1596 to set up two Associationsof priests, the one about London , the other in Lancashire . The project was abandoned by September 1597 , as it was utterly misliked " (Bagshaw's Memorandum, T. G. Law, The Archpriest Controversy, CamdenSociety, 1896, i, 205. Cf. alsoBavant to Garnet, 6 June 1599, Stonyhurst, Anglia, III, n 53; the letter of six Assistants, 12 May 1601 , Naples, Bibl Brancacciana, Sign III, B. 3, from which Persons quotes in his "Briefe Apologie, " f. 90v . There is a Latin translation of the rules ofthe Association with Persons's comments at Stonyhurst, Anglia II, n. 32; an English copy ofthesame in West Arch , VI, n 77 , with Persons's comments , n . 78. ThecopyatHatfieldbears thedate " Die PresentationisB.V.M. 1596" - Hatfield Calendar, vi, 483. Garnet refers to the Association in letters of 23 February, 28 May and 10 September , 1597, Stonyhurst Coll P. ,ff 548 and 596).

7 Cf. supra, Fitzherbert to Birkhead, 6 September 1608

partly writen to you my minde allreadie in generall that I never liked ofyt for manycauses First: I see noe such necessitietosend an Agent thyther eyther to informe that Court of our state or to solicite our causes, but yt may better be supplied otherwise . For allthoughe all other catholique countreys have great occasions dayely to commence verie many sutes there about spirituall livings, previleges, and other decisions which greatly concern them and doe neccessarielyrequire Agentes or Orators to follow those sutes: yet our causes here are so fewe and our case during this our present affliction is so free from all such affayres that it consisteth onely or principally in obeying such order as is taken there touching our government and in giving informations howe maters doe passe here leeving the whole consideration therof to his holines

And concerning Informations: The generall state of our countrey cannot but be sufficiently knowne to the whole courte of Rome partly by our former contentions and Appellations to that See: and partly by the Latin translation of our late actes of parlament agaynst catholiques as appeareth by the bookes lately writen from thence of that mater. But of all others our present Pope Paulus cannot be ignorant of our maters for in all that troblesome buysines about the Appellantshe was joyned by Pope Clement as our viceprotectorwith CardinallCajet. to take the examinations ofthe parties and to givesentencein that cause.

Moreover if any newe occurrence shall fall out (as commonly everie yere some will) there is a verie exact order taken allreadie by his holines (as it was allso by Clement) howe to proceede in our Informations by these his wordes to you and your Assistents

Tum Assistentibus, tum tibi injungitur ut sexto quoque mense communibus vel privatis literis ad protectorem datis de statu rerum vestrarum scribatis etc.8 And by the same Note of Instructions order is taken to send those Informations or any other needfull mater to the President of Dowaye Colledge who is joyned with us here in the Assistantshippe principally for that purpose.⁹

This orderthus precisely sett downe by both these popesand theyr grave and learned Counsellors and annexed to the Breve of your Institution sheweth playnly what entercourse with that See they thought sufficient for this troblesome tyme and maye teache us what we ought to content our selfes to follow.

If besides this order yt could be thought necessariefor us to have somespetiallAgentin that Courte to solicite our causes: Whome could we judge more fitte for that place then Father Persons and Mr Thomas Fizherberte who in the judgment of all such of our nation as are not partially affected are knone to be most grave and wise men, zealous in the catholiquecause , best

8 Cf. Cajetan's Constitutive Letter of 7 March 1598 (Tierney-Dodd, op cit, iii, p cxix).

9 Cf. Cajetan to Barrett, President of Douay, 7 March 1598 (ibid. , iii, p. cxxiii).

acquainted with the state ofour Countrey, in greater credite with the whole Courte of Rome and allreadie used and as yt were placed there by his holines in the managing of our Englisshe affayres: who allso have worthyly deserved great credite and estimation amoungst the best sorte both in England and in all other Countreys where they have lived and have bestowed all theyr tyme in the fruitful promotingof the catholique cause , and are nowe readie in that Courte of Rome to accomplish theyr labors to the good of theyr Countrey .

Ifwewere to sue forany thingein the Courtes of our adversaries or doubtfull frendes: we should have some use of an Agent to quiet discordes and to seeke for favourrs But having to deale in the Courte of Rome and with our holie Father who of hime selfe tendereth our causes as much as we doe (yf not more) and with our dearest bretheren and frendes there and specially in so glorious a cause as our is in the sight ofall good christians , namely for defenseof the authoritie of that holie See: yt may suffice for us to utter our distressed state here to his hol. and to expect our resolutions and orders from thence without taking any exceptions to any thing. For by other the sutes to further private purposes and by our jealousies and contentions which have issued therof: we have purchased our owne discredite with all our well willers at home and abroad : we have forced there these twoe last popes to double theyr Breves to us before they could be beleeved or accepted and we have by these meanes more hindered the good successe of our catholique cause then all our persecutions have done.

Allso this sending and maynteyning of such an Agent maye seme a mater of greater charges and more princelikethen we can well stand with our poore afflicted state. And perhapes yt would breede some jealousie in the mindes of such as are in authoritie here, to heare that such sutes for BisshoppesandAgent (which sounde more of a flourisshing state then of any necessitie in our case) should be so earnestly nowe renewed, as though we were too full of wealth and ease and had some greater maters in handthen we have had and soe increaseour afflictions by theyr setting us to gather our owne strawe to bake our brickes with the Hebrews in Egypt.

What great causethenhave any hereto urge you soearnestly to send any other Agente thyther about our maters seeing all things apperteyningtherto are allreadie so providently supplied everie way by his holines that nowe is and by his predecessor as you have heard: and seeing so many inconveniences are like to issue of yt.

I can imagine noe other causeof these urgings but onely that which you have expressed in sundrie of your late letters to me: viz: that some of our brethren (foure you name) whome you call the ringe leaders of the rest have conceived a jealousie agaynst those twoeworthye men that are there allreadie : and doe greatly

mislike they should deale in our commone affayres there and upon that jealousie have urged you most earnestly to remove your Agent Mr Fizharbertfrom his Agentshippe wherinyou had placed hime

Whie they should jealouse Mr Fizharbert being knownefor a man of great synceritie and circumspection in all his actions I cannot ghesse, unless yt be for that he is so familiar with Father Persons whome they and some others with them have had in so great jealousie a longe tyme that they have suspected that all that hath come forth of late yers by the Popes Breves or otherwyse contrarieto theyr likeing had bene procured by his persuasion or by waye of surreption to hinder theyr designments. What just cause they could have to conceive any such jealousie agaynst that man yt passeth my understanding . For first : yf this jealousie proceede of suspitious feare of hurte, where good ought to be expected (as commonly yt doth) what just cause hath he given at any time of any such feare of harme by him towarde us or our catholique cause Secondly in all that troblesome tyme of those bitter invectives agaynst him nothing couldbeprovedagaynst his sinceredealingeforourgood. Thriddly what so ever was then objected to have been hisworking agaynst theyr designments yt proved still in the ende by sundrie Breves to have proceeded directly from his holines Motu proprio, ex certa scientia, et post magnam deliberationem, as his holines affirmeth . 10

Beside this : yf we maye judgeof his synceritie therin by the rest of his actions : ther is none of our nation nowe living that hath better defended of his Countrey both at home and abroad then he hath done For besides his fruitefull labors while he was here he hath ever synce spent all his tyme in erectingof Seminaries for our youthes: in writing of more and more profitable bookes then any other both of mater of devotion and agaynst our adversaries, to the great edification of many Allso in procuring by his creadite everie where great helpes for the reliefs of many that have bene in necessitie: as many that come from him and have tasted of his charitable benevolence doe testifie And generallyin promoting our catholiquecause to manyprinces and great personagesboth spirituall and temporall What suspition of jealousie or feare of hurte towardes us and our countrey can light upon such a man ?

There must be therefore some other cause of this jealousie in some of us which is not in the rest

This diversitie proceedeth from the divers affections and designments that are amongst us: while some content them selves with the present state of our government and some are discontented.

The multitude of us from the beginning of our Missions into England to this daye have bene allwayes inclined and readie obeydientlyto accept ofall such orders of government and others

10 Cf. supra, Fitzherbert to Birkhead, 18 June 1610 , note 3.

as upon the knowledge of our state here have bene thought meet to besettdowne by theSee Apost. without anytokenofresistance or respect to any private purposes and would continewe still in that minde if they might be permitted to be quiet from these busie soliciters

Some fewe as the ringeleaders of the rest (for manyofthem should be wronged yf they should be charged with all such maters as maye be liked in some) being of more stiring sprites thenothers and being not contented with æqualitie of there state with the rest oftheyr brethernhave attempted some such thingsas might probabely give token partlyof a disorder by desier oftheyrowne preferment before others : and consequently (as yt fell out) of lesse obeydience to theyr highest Superiors then in men in our case and of our vocationwas convenient : as appeareth by these fewe attempts of theyrs at divers tymes partly past and partly present which I touch but briefly because the remembrance of such things is loathsome.

Concerning the tymes past: when we had contynewed in this our harvest workefourteneyers in great unitie and alacritie with the Fathers of the Societie whom Pope Greg. 13 had joyned with us for our helpe and comforte ; that detestable Memoriall was offered to Pope Clement by certeyne æmulous persons both here and abroad for the moving of the Jesuites from among us.

When that was utterly condemned under the hande of allmoste 200.11 Secular Priestes: the next yere followingsome fewe "

11 The Memorial to which Bavant refers is still extant, and is entitled "Brevis Declaratio Misserimi Status Catholicorum in Anglia Degentium (West Arch ., VI, n 57 , with Persons's comments , n 58) Theauthor , Robert Fisher, had left the English College where he had been one of the unruly, amid the broils there in 1596, in order to stir up trouble in England against the Jesuits, being helpedin this purposeby W. Gifford, C. Paget and others. In Englandheconsortedwith the priestshostile tothe Society, andjourneyed up and down the country disseminating calumnious reports of what was happeningin the English College, Rome, beingsupplied with moneyforthese journeys by Bagshaw , Bluet and Mush On his return from England he composed the aboveMemorial at Cambray at the instigation of Hugh Griffin It was made up from the calumniesspreadabroad in England against the Jesuits by the priestswholater formed the Appellant party, and was sent to the Pope in September1597 in the name ofthe whole secular clergy ofEngland (cf. C.R.S. , xxxvii, 92; Fisher's Confessions madeunder oath in Rome before the Pope's fiscal on 8, 10 , 12 and 13 March 1598 , Stonyhurst, Anglia VI, n 22; Barrett's letter to Persons, 10 August 1597 , Bibl. Vat Lat 6227 , f. 29; Garnet's letters of 7 and 14 May 1598, Stonyhurst, Anglia II, nn. 27 and 28; the letter of the six Assistants to the Nuncio, 12 May 1601 , Naples, Bibl. Brancacciana , Sign III, B. 3. Persons quotes the aboveletterofBarrett and Fisher's confessions in his "Briefe Apologie, " ff 93v and 95; cf. alsoff 7 and 68. There are one or two letters of Fisher to Bagshawduring his stay in England in the Petyt MSS , Inner Temple, Hist MSS . Com , xi Report, Appendix, part vii, p 262). In consequence ofthisMemorial ,Garnet, indefence ofhimself and his brethren in England, wrote on 1 March 1598 a circular letter to the secularpriests in England, askingthem to give theirtestimony so far as theirknowledgeextended, as regards the charges made againstthe Jesuits in England, at the same time sendingto Rome a refutation of the Memorial clause by clause (Garnet's letteris printed in Law, op cit , i, 17. His answer to the Memorial is in Arch S.J. Rom Anglia, 30.11, ff 364-365v .) The

without authoritie from any Superior devised and sent abroad certeyne Rules of an Association (wherof I have a copie) to sett them selfes in authoritie over theyr brethern and to take the government upon them fearingthe Jesuites would over rule all 12 This devise being greatly misliked and contradicted of the most as a presumptuous attempt was stayed by the coming of certeyne letters patenteof Card. Cajet our Protectorin the name and by the authoritie of Pope Clement to establish a forme of government amoungst us by an Archp and twelveAssistents with the assistence of the Provinciall of the Jesuites. Agaynst which order standing agaynst theyr former intendedAssociation : they first repined pretendingyt was not the Popes acte but procured by Father Personsand the Jesuites : and after withstoodyt openly alleaging they were not bounden to accept of yt cominge onely from the ProtectorAnd to confirme theyr acte they procuredthe suffrage of the Sorbonnistes till Pope Clement by his owne Breve in most perspicuous wordes had testified the Cardinals Acte to have bene his owne acte . 13

After this issued other trobles amoungst us . For as they had gonne toofarre on the one side bydisobeying theyr Superiors : Soe on the contrarie side Mr Blacwell not upon any revengfullminde I thinke verely but upona double error in mistaking the lemites of his jurisdiction (which I could here inlargeyf I should not be too tedious insuchrelations) proceededmore severly agaynst them then his faculties could beare as Pope Clement affirmeth in his Breve ofthat mater, and by that over sight in censuring so rigorously he gave them a more just occasion to appeale from him to the See Apost. then his frendes would have wished And thus much (yf not too much) of theyr dealings in tymes past.

Concerning this present tyme: I prayeyou considerwheyther the case be not nowe alltered and wheyther those that desier to live in quiet obeydience of theyr Superiors without any desier of Innovations (if they might be permitted by these newe soliciters to be quiet) especcially such of them as best understand the beginninge and proceedinge oftheyr former attempteshave not great cause to conceive some jealousie towardes those that are response was immediate; and it is to these testimonies from secularpriests in defence of the Jesuitsalmost two hundred of themthat Bavant refers in his letter above (cf. also the letter of the six Assistants, 12 May 1601 , ut supra; Garnet to Persons, June 1598 , Arch S.J. Rom Anglia, 38.11, f 182; and Persons's "Briefe Apologie, " ff 98 and 98v Garnet's answer to the calumniesthat werebeing spreadabroad in England already in 1596 is to be found in his long lettertotheGeneral, 16April 1596, ibid., Anglia, 31.1 , ff.129132). This quick response may usefully be compared to that given a few yearslateron thequestion of bishops , when, aftera year and moreofearnest solicitation by Mush and others, backed by the authorityof the Archpriest, but 144 signatures were obtained in favourof the appointment of bishops, though the number of priests in England at that time was greater than in 1598 (the signatures for bishops are in West. Arch, XI, 2. 253).

12 Cf. supra, note 6

13 The Brief of 6 April 1599 .

nowe most busie in promoting these maters: and to feare some such like newe attemptesand trobles as have bene in tymes past. Theyarein maner thesame personsthatwere then Theyattempt the same sute for Bisshoppes to change our present government as they did then. They beginne with the same kinde of jealousie and agaynst the verrie same man as they did then And besides this they nowe beginne to laye certeyne newe foundations to further theyr proceedings By theyr earnest urginge and pressing ofyou (as you write) to yeld to theyr desiers, they sue for newe Agents at Rome to keepe theyr sutes on foote to theyr owne likeing. They have of late increased theyr authoritie very much by theyr neweAssistentes helpes. Some of them (whom you name not) being more forward in all such affayrs then any other (to increase likwise theyr number) doth nowe labour mightily (as I heare) through whole countreys in your name and by your authoritie to gather voyces to further theyr purposes. And we marvell yf some number in consideration of his going in your name and ofthe forwardnes ofthe man in soliciting, have shewed them selves somewhat forwardetherin.

By these vehement urgings of you in this sorte they cannot but give suspitious tokens of some further maters in hand then doe presently appeare: our causes of any importance being so fewe and so sufficiently provided for allreadie. Moreover they take more upon them in some thinges then any have done before them. They name them selfes and some others with themthe body ofthe Clergie ofEngland: under which namemanythinges maybewroughttothe great prejudice oftheyr brethern and many others . 14 And some of them have presumed in your name and in the name of all your Assistents and of all the Provincialls of the orders of religion amongst us, to give out copies ofsuch a formeof the late othe to be lawefull, as we never assented unto, and is greatly misliked of verie many, as being prejudiciallto the Popes late Breves and giving great advantages to our adversaries in sundrie poynts of importance These beginninges are verie suspitious whatsoever the ende will proveto be .

But yf by theyr Bisshoppes at home and theyr Agentes at Rome theyrmeaning nowe be correspondent to theyr formerpurposes viz: to establish so perfect a government amoungst them selfes as they imagine theyshall, that the Jesuites shalbe secluded from intermedling with us in this our harvest worke (as these foresayd preambles of theyrs compared to theyr former designments doe apparentlyportend) first they shall in so doeing manifestly shewe them selfes to joyne with our greatest adversaries to affect that which they have many wayes sought and wrought for these many yers. For they knowe well and we ought to knowe

Readers

14 Cf. supra , Fitzherbert to Birkhead, 31 May 1608 , note 4 will have already noticed that Fisher's Memorial was sent to the Pope in the name of the whole secular clergy of England It is essentialfor a just estimatenot to take such phrases at their face value: their truth or falsity must be estimated by a comparison of statements in many documents.

better that without the helpe of the Jesuites our government would prove but a weake government they knowe allso and we must acknowledge (yf we be not to ungratfull) that in maner all they helpes we have to doe our Countrey good maye justly be attributed to them Most of us have had our learningand many allso theyr æducation under them. And they have bene eyther the beginners or the great furtherors of the Colleges we have any where for the contynewall supplie of learned men for tyme to come. We have litle creadite or frendshippe in any country but by theyr procurement

Likewise yf any such mater be intended agaynst them as hath bene in tymes past: what can we looke for shortly but some newe invectives of theyr part agaynst them and newe defenses of our partefor them: and consequently materofnewecontentions to the confirmation of that opinion the world hath conceived of us , that we are noted to be contentious, and to utter discredite with our frendes to the rejoycing of our adversaries. Theyshall alsotherin oppose them selfes ones agayne agaynst that order of the See Apost in the tyme of Greg 13 by whome they were purposely sent into this kingdome to joyne with the Secular pristes to further this worke in hand and soe have contynewed by the approbationof all his successors to this daye. And althoughin our former trobles some of the Appellantes labored vehemently to diminishe the authoritie and æstimation of the Fathers amongst us and to barre them from all dealings inourgovernment : yet they could never so prevayleagaynst them but the See Apost ever since hath used them and doth nowe presently use them in place of as great credite about our affayrs asever they did before And therfor (as I suppose) yt wilbe but a vayne sute for any nowe to seeke meanes to barre the Pope of his choyce but that he maye still use any ofthem to what purpose yt shall best please him."

Lastly: Seeing yt never yet appeared that theyhave hindered our common cause in any thing: but have furthered yt many wayes: what can any of us alleage why they should not concurre with us in all thinges apperteyningto this holie worke: except yt be for that by theyr dewe obeydience to theyr Superiors and perfect concorde amoungst themselfes they doejoynemore credite to the same cause then we doe: which were a signe of greater æmulation in us then ought to be in men of our vocation and in so glorious a cause as ours is.

To conclude this mater: First I am veriely persuaded by these premisses that the onely waye to a perfect concorde and quietnes amoungst us is, that you earnestly persuade them to content them selfes (as the rest of theyr brethern doe) with this present order of government and quietly to obeye such other orders apperteyning to yt as allreadie are sett downe by the See Apost and such allso as yt maye any waye appeare his holines is inclined unto: and cease to troble them selfes, theyr brethern

thatwould be quiet, and that holie See with suchnewe inventions to serve private purposes as can never doe us good: but have done us muchhurte and have increased materof contentionamoungst us and discredite to our cause

Iwissheallso foryour owne securitie and credite thatin such maters you would use the advise of your auncient Assistents who of them selfes seeke noe such Innovations: and yet have as great care and consideration of our common cause as any of them that are so urgent with you as you write 15 And I doubt , yfyou doe not sett some staye to such urgings (whichthe more violent they are, the more suspitious they are) they will presume still upon your accustomed lenitie, till in the ende they have drawne you into some mater of contentions that shall displeaseour Superiors and turne to your owne discredite.

Concerning myselfe: I maye safelysayI malice none: Iflatter none: and I am so farre from anymeaninge to offer materof newe contentions , that I have labored these manyyers fornothing more then to withstand all occasions of trobles : and I am nowe most willing to labor still by all charitable meanes I can devise to maynteyn concorde and quietnes amoungst us. And yf I knewe howe I might otherwise be knowne to doe the office of a faithfull Assistent: I would never have renewed certeyne ungratfull rehersalls of some maters past nor have touched some mens dealings so perticulerly as I have done And yet I am not so suspitious as to thinke that many of our brethern have any such meaninge agaynst the Fathers as I soe greatly feare: But that some verie fewe being such as gave evident tokens therof in former tymes maye be nowe justly suspected of such an intent: and that some others being moved by your acte in yelding to theyr demandes by the earnest soliciting of others maye yeld to thesesutesforBisshoppesand Agentes ratherto satisfie othermens likingsthen theyr owne, notwithstandingthatany such perillsare probabely like to ensue therof as some others have cause to doe .

IfI have bene too playne in the Premisses: I prayeyou to attribute yt to a greater feare in me of some newetrobles towardes us then you and some others can justly conceive: bycause I can not so soone forgeyt the true causes ofourformertrobles (having bene imployed in the greatest heate of them) which perhaps you never had any occasion to knowe.

Of the Othe of the late Statute

We have great cause to give god thankes that so fewe ofso great a multitude of us were spotted any waye by approvingof that Othe in any construction .

We maye rejoyce (as you write) that some fewe of our brethern that shewed them selfes somewhat forwardethat waye

15 Birkhead , no doubt with the best intentionthat of peacedid not follow the advice , but put himself entirelyinto the hands of the Appellant party, as the extant correspondence at Westminster shows .

BAVANT TO BIRKHEAD , 26 NOVEMBER 1608

have so quietly submittedthem selfes upon the PopesBreves and your Monitorie letters . 16

But we maye rather griefe and wonder that any that are accounted learned men and wouldbe accounted sound catholiques after so manifest and peremptorie sentencesgiven by his holines and after so learned and pithie answers in printe as have bene made to theyr cavills by such as all the Christian state account the best learned of this age, are not affrayed not onely to stand in defenseofyt and to contynewe in theyr formererror: but allso even to this daye doe persuade with others that are sent unto them from the high comissoners that they maye lawfully take yt: wherby they have lost theyr faculties , disabled them selfes to minister Sacraments to others, and discredited them selfes and the catholiquecause by theyr obstinacie agaynst the determination of the See Apost and the uniforme content of all the rest of theyr brethern.

Yt were an acte of great charitie for some that are learned and of some creadite with them to adventure by conference to bringe them from theyr error and to reduce them to theyrdewe obeydience.

Of Contributions

Concerning Contributions: I doe proceedeas you have taken order. I have sent your Note abroad as I had oportunitie. I hope yt will take good effect: for I heare of none that repineth agaynst yt and some have begonneallreadie. Allbeyt this countrey hath of late bene verrie muchtrobled with pursivantswho have made a great spoyle amoungst the Catholiques And many wissh that some parte of these Contibutionswere bestowed uponsome twoe or three trustie and diligent persons to goe abroadand to take Informations in divers Countreys what Spoyles they have made above theyr Commissions and agaynst all lawe, partly by taking bondes of many catholiques to appeare before the high Commissoners at London and byreleasing the same presentlyfor a Summe of monyto theyr owne use : and partly alike by other unlawfull meanes: noting the persons, the tyme, the place, and all other circumstances as maye aggravate the facte and as particulerly as they can learne and (where yt maye be) under the handes of the spoyled parties and other witnesses to testifie the same. For we are informedby some of our frendes of good worth, that some in authoritie have signified that yf such things could be sufficiently proved and were presented to them they would procure remedie to the great augmenting of Contributions. I desier to heare what wordyou have concerning the difficulties you wrote of, and allso concerning our faculties Thus etc 26 Novem 1608 .

Endorsed " Bavand de episcopis [somewords undecipherable ] to Arch 26 Nov 1608 "

16 Birkhead's Admonition of 2 May 1608. Cf. supra, Fitzherbert to Birkhead, 13 June 1608, note 2

XXIII. JOHN BAVANT TO PERSONS. From England, 28 March

1610.1

Arch. S.J. Rom Anglia, 31.11 , ff. 374-375v. Holograph.

Reverende Pater:

Nemo melius novit quam Revtia vestra, quod ante annos 40. cum primæ Missiones Sacerdotum Anglicorumex partibus transmarinisin Angliamdestinarenturut miserabilem patriam nostram ab heresi et schismate ad Catholicam fidem et Religionem reducerent: omnes questiones de modo procedendi in hac opera, de casibus conscientiæet aliis dubiis et controversiis, quæ forte inter eosdem sacerdotes aut alios oriri potuerunt, ad Revdum D. Doctorem Alanum postea cardinalem referebantur : ut quasi sequester inter nos et Sedem Apostolicam , esset : et ex responsis SanctissimæSedis illius, responsa nobis de his et similibus daret.

Postea vero, eo jam mortuo, placuit Sanctissimo D. Nostro Clementis 80 ad concordiam intersacerdotesmelius conservandam , per literas patentes Illustrissimi D. Cardinalis Cajetani, nostritunc temporis protectoris, datas anno domini 1598 , Archipresbyterum cum duodecim Assistentibus, reliquis sacerdotibus præficere In quibus literis, inter cetera ordinatum fuit, ut singulis semestribus Sanctissimo D.N. de rebus Anglicanis , et de successu hujus Regiminis informaretur Et præterea, ut si qui sacerdotesimmorigeri aut aliter culpabiles essent, vel hic per Archipresbyterumet suos Assistentes, facultatibus suis privarentur: vel si essentincorrigibiles, cum ita res postularet: hinc per Protectorem vocarentur. Et de his omnibus , et aliis negotiis nostris quibuscumque, cautum erat in eisdem literis patentibus ut literæ per Archipresbyterum ad Protectorem singulis sex mensibus scriberentur ,et ad præsidem Collegii Duaceni pro tempore existentem mitterentur, qui eas illinc Romam transmittendas curaret, et responsa inde accepta huc ad Archipresbyterumnostrum remitteret: ut eomodo quasi combinatio quædam, et mutuum commercium inter hoc regimen nostrum, et Collegium Duacenum institueretur. Et ut arctius idem præsidens cum Archipresbytero nostro, in hoc negotiandi officio conjungeretur ; ordinatum fuit præterea, per dictas literas patentes, ut præsidensDuacenus Supernumerarius Assistens constitueretur Et idem ordo (quantum ad præsidem attinet) in literis facultatum Revdi Dni Birketti nostri nunc Archipresbyteri renovatus est per Illustrissimum Cardinalem De Bubalis Viceprotectorem. Et hic ordo duravit a prima Institutione Archipresbyteratus usque ad annum nunc proxime præteritum, et sapientissime institutus judicabatur ab omnibus adomnianegotia nostra (durante hac persecutione) apud Sedem Apostolicam tractanda

Anno vero præterito multa signa alicujus novitatis futuræ apparuerunt Nam Archipresbyter noster, sive sua sponte, ut

1Persons died on 15 April of this year. The letter would hardly have reached him by that date .

quietus esse posset , absque ulla tamen intentione mala (ut certe credimus) sive potius ex importuna sollicitatione quorumdam aliorum , qui ante aliquot annos se rerum innovandarumcupidos ostenderant , et Brevibus papalibus Clementis 81 de Archipresbyteratu inter nos instituendomultis modis restiterant: quiquecum eoab initio sui Archipresbyteratussæpeet serio egerant, ut relicto priori cursu , quo usus fuerat, nec amplius jam per præsidem Duacenum, nec per Revdum Dominum D. Thomam Fitzherbert, virum omnium judicio spectabilem, et prudentem, et in rebus nostris Anglicanis exercitatissimum (quo ante pro suo Agente Romæusus fuerat) negotia nostra tractaret: sed utnovumaliquem Agentem sibi deligeret, et Romam mitteret. Qui ut illis potius quam sibi (ut putabatur) satisfaceret, consensit illis et Doctorem Smithum elexit, et Romam misit, cum potestate apud suam Sanctitatem Capita quædam proponendi et tractandi. Quid ibi ab eo gestum sit, Vra Reva melius novit omnes hic certe suspicabantur ex hac prioris ordinismutatione, et missione novi Agentis, aliquid novi subsecuturum : et nominatim ut vel aliquid proponeretur contra patres Societatis vestræ , ³ sicut olim tempore Clementis sæpefactitatum fuerat,velut aliquotEpiscopi in Angliacrearentur , vel ut Seminaria nostra transmarina , maxime Duacenum, ad Archipresbyteri nostri gubernationem transferretur: vel aliquid simile.4 quod nostram Rempublicam qualemcunque mirifice perturbaret.

Hanc suspicionem multa augebant Primo: quod cum Archipresbytero nostro per literas facultatum Illustrissimi Cardinalis De Bubalis Viceprotectoris nostri Facultas data esset, ut in Assistentium loca tunc vacantium alios quos judicaret in domino expedire, eligere, et subrogare libere et licite posset et valeret: ipse tamen remissis aliis multis, qui semper paci studuerant, et literas patentes Papæ Clementis 81 sine ulla reluctationeacceptaverant, quatuor ex eorum numero quos supra notavi, in totidem loca Assistentium tunc vacantia, receperit : viz: Dominum Edowardum Benettum, D . Doct Guilelmum Bisshopum, Dom Joannem Coletonum, et Dom Robertum(Joannem ?) Benettum , qui longe ante id temporis (ut omnes norunt) petitionem pro Episcopis in Anglia solis viribus Papæ pervexerant.5 Et hæc suspicio nonnihil aucta est anno superiori, quando Archipresbyter noster misit D. Musshum , satis alioquin ad id paratumin diversas partes regni Boreales, ut suo nomine et authoritate suffragiade Episcopis inducendis a sacerdotibus quæreret Quæ res tamen ei non successit ex animo, quia pauci huic petitioni suffragia sua contulerunt.

2Cf. supra, Fitzherbert to Birkhead, 31 March 1608 .

3 Cf. infra, Smith's letter at the end of the document, Narrative of Dr. Smith's Agency in Rome.

4 Cf. supra, Fitzherbert to Birkhead, 19 September 1609, note 5

5Cf. supra, Bavant to Birkhead, 26 November 1608 , note 15

Hæ tamen suspicioneseo minus turbabant multos eotempore, quia toties jamdudum ea petitio variis pontificiis oblata fuerat, et semper rejecta . Primum ante annos 30 per Gregorium 13m , qui post maturam deliberationem habitam de mittendo episcopo in Angliam, respondit , hanc gubernationem , durantehac persecutione, non posse sine maximis periculis in Angliam introduci Deinde: ante annos undecim, hac eadem petitio Clementis 8¹ sæpe et cum multo majori vehementia quam prius fuerat, oblata est : sed tamen rejecta, tanquam huictemporiminus idonea : etepiscopi loco instituit Archipresbyteratum cum duodecim Assistentibus postremo: hoc anno præterito , idem per D. Doctorem Smithum ArchipresbyterinostriAgentem, apud Sanctissimum D.N. Paulum tractabatur. Qui præsentem statum rerum nostrarum optime intelligens, prædecessorumsuorum sententiam secutus est , et per Nuntium suum in Belgio morantem significavit Archipresbytero nostro, et per eum omnibus secularibus in Anglia, suam immobilem resolutionem esse nullos episcopos in Anglia instituere nisi prius de quibusdam difficultatibus in eo negotio occurentibus ei satisfactum fuerit, et intelligat eam petitionemex omnium sacerdotum consensuprodere Et hæc resolutio ejus per literas Archipresbyteri nostri omnibus Sacerdotibus intimataest. Præterea: Etiamsi hæc quorumdam petitio pro Episcopis nunquam fuisset rejecta : Multæ tamen aliæ causæ sunt, cur Episcopi , durante hoc turbulentissimotempore, postulari a nobis non debeant

Primo: quia parva aut nulla utilitas ex episcopis inter has turbas expectanda est. Quid enim supra ceteris Sacerdotibus hic præstare poterunt (quod sit alicujus momenti ) nisi sacros ordines confere: (quod tamen in partibus transmarinis , ubi studia in Seminariis nostris vigent convenientius fieri posse videtur quam domi) et olea sacra consecrare: et eos confirmare, qui Confirmationis sacramentum hic apud nos in votis tantum habere possunt Quomodo hæc omnia quæ hic haberi nequeunt aliis modis sufficienter suppleri possint superioribus literis meis ad Reverentiam V. fusius scripsi.

Secundo: quia tanta pericula ipsis episcopis, variis modis imminebunt, ut multo utilius foret nobis (si quovis modo fieri posset) ut unus aliquis Anglus episcopus fieret in Belgiis, vel in Gallia, qui omnia nostranegotia tutius et liberiusubilibet moderaretur, quam est possibile, si viveret in Anglia: Nullibienim apud

6 Cf. supra, Fitzherbert to Birkhead, 19 September, note 5.

7Bavant here appears to be confused in his dates and to be referring to the petition for bishopsmade not duringSmith's agency, but just before his coming to Rome Cf. supra, Fitzherbert to Birkhead, 6 September1608 , note 6, and Fitzherbert to Birkhead, 4 October 1608, note 3

8 There was extant in the seventeenth century a letter of Bavant to Persons, 26 January 1608 , which treated of the subject, but the copyist of the time, C. Grene, S.J., did not transcribe it but merely noted its contents briefly : Exponit fuse commoda et incommoda ex constitutioneEpiscoporumin Anglia (Arch S.J. Rom Anglia, 37 , f 118) The letter is no longer extant.

nos consistere , aut officium suum episcopale exercere poterunt : sed supra omnes alios sacerdotes cogentur perpetuo latitare, ne capianturet ad minus in exilium mittantur, ubi episcopalemdignitatem deponere cogentur, nisi alicujus sumptibus vivere possint. præterea vix invenietur Patronus , qui tam periculosos hospites in suas ædes libenter recipiet

Tertio: nec ipsi soli episcopi ista mala patientur: sed nobis omnibus infinita pericula ex adventu suo procurabunt: sicut ante aliquot annos scripsi Omnes enim qui apud nos in suprema potestate sunt, suspicabuntur aliquid novi periculi ex hac mutatione sibi imminere . Puritani, qui multi et potentes sunt, ne nomen quidem episcopi ullibi terrarum ferre possunt. Quid non facient illi in malum nostrum, qui episcopatus, et alias prælaturas tenent, cum viderint ob oculosæmulos suos tam audacter irruentes etc: Leges jam factas cum majori asperitate executioni mandabunt: et asperiores (si fieri posset) procurabunt Scrutiniacrudelissima per totum regnum continuo exercebunt . 10

Præterea: eo minus necessarii sunt apud nos episcopi, quia ampliores facultates quibusdam ex nostris ab illa sancta Sedeconcessae sunt, ad omnia pæne munera episcopalia exercenda, quæ huic tempori necessaria sunt, quam sacerdotibus communiterin aliis provinciisCatholicis concedi solent; quarumope 40 jam annis sine regimine episcoporum viximus, et hanc vineamnobis locatam

9In a letter to the Vice-Protector, Cardinal Del Buffalo, 21 June 1608 , a few months after his appointment as Archpriest, Birkhead reports that thedifficulties caused by the persecutionare so great " that I amunableto perform anything worthy of such an office. For how shall we be able todo anything at all, weighed down by so much distress, reducedto panic byso many swords and cudgels, crippled by so many sorts of woes ? We dare not creep forth day or night from the lairs in which we are forced to lurk like so many rats and mice: we are surrounded by so many false brethren that weare neversafe or sure as to whom we can trust No! in sucha chaotic condition whatcanjustly beexpectedofus ? Howfar better we could manage affairs , what fruit we might derive from our labours, if, freed from these miseries , we could come together so much as once a year ? I deplore our condition ; for hemmed in as we are by so many perils, never shall we be able to carry out or fulfil the tasks that are laid upon us " (West Arch . , VIII, n 63). Yet later in the very same letter he petitions that bishopsbe appointed ! The Cardinal and the Pope, to whom theletterwould be shown , may well have asked themselves , as the student does to-day, whatpossible advantage could accrue from the appointment of bishops , ifeven an Archpriest, owing to the persecution, was unable to fulfilthe duties of his office. Cf. supra, Fitzherbert to Birkhead, 13 June 1608 , note 7. 10W. Singleton, in a letter to the Pope of 15 September 1607 , makes the same points. In his Memorial on the subject, about the samedate , he declaresthat"the suggestionof creating bishops , he has understood to be altogether disliked by the majority of Catholic laymen in England; for one of them of the highest rank recently came thence to Flanders for the sole purposeof informing us on the matter, andto prevent, ifpossible , for a time, the appointment of bishops, lest a further stimulus be given to the furyof the heretics to effect the total ruin of all Catholics" " The greater part, " he adds , "ofthe English exiles in Flanders is of the same opinion " (Arch. S.J. Rom Anglia, 36.11 , f. 263). There is a letter on the subject fromthe exiles in FlanderstotheNuncio, dated 11 April 1609, still preservedin the Jesuit archives (ibid , Anglia, 36.11 , f. 315).

excoluimus :quæ sinedubiouberiorem pertulisset messem , si inimicushomo hæcet similiacontentionum zizania in ea non seminasset. Hæc sufficere debuerunt, ut ab hujusmodi conatibus desisterent

His tamen non obstantibus , tam importuni sunt adhuc, ut nullis laboribus aut sumptibus parcant, modo hanc causam pro episcopis promoveant .

Hoc enim anno ante paucos menses Archipresbyter noster misit D. ThomamMorum (qui ante Romam redierat) cum literis suis commendatitiis , ad omnes sacerdotesseculares per Angliam, utcrederent ei referenti, quid Romæ (dumipse ibi erat) abAgente ejus gestum sit . 11 Ipse tamen pauca eaquenulliusmomenti retulit: sed solum se (ut est in ea causa satis zelosus) ad petitionempro episcopis ad Paulum mittendam, convertit: licet fassus sit se nullam ad id commissionem ab Archipresbyteronostro habuisse. Et tandem ad questiones quasdam inexpectatas descendit: ut utrum vellemus in hoc negotio Archipresbyteroobedire:etutrum , si quid sua Sanctitas de hac re ordinaret, consentire vellemus. Et præterea affirmavit esse Cardinalem quemdam Papæintimum ,qui hanc causamproepiscopisapud suam Sanctitatemrenovare vellet, si sacerdotum suffragium viderit : quique multum miratus est, quod toto hoc persecutionis tempore , Successiones episcoporum in Anglia non retinuerimus.

Et hoc presenti tempore D. Bisshopus alios sacerdotesArchipresbyterinomine solicitat, in causam episcoporum, ut nominent aliquas personas, quas episcopali munere dignissimas existiment12

Multa certe hic sunt, quæ nos in magnam admirationem adduxerunt. primo quod post tot obstacula eadem causa ab eisdem cum tanta vehementia resumatur , quasi antehac inconsulteret temere Archipresbyteratusfuisset hic a Sede Apostolica institutus: quasi nulla de ea re precessisset prohibitio pontificis nec ulla inde pericula essent timenda: imo quasi ita nobis utiles et necessarii essent episcopi, ut sine illis in Anglia nullam haberemusecclesiam. Miramur etiam, quid sibi velit modus iste, quo illi, qui ab archipresbytero veniunt, in suffragiis quærendis nunc utuntur. Non enim directe quærunt, utrum pro episcopis suffragia sua dare velint sacerdotes , ut anno superiori D. Musshus aperte quæsiverat,

11 T. More , Smith's associate in the mission to Rome, went or was sent back to England at the end of August or the beginning of September 1609 . His purposeappears to have been " to stump the country" on behalf ofthe party In a letter to Smith from England he writes: "I intend shortlyto make a visitation of all my brethren , for which purpose I am furnished with my superiorscommendatorieletters I trust herebieto be able togive you true advertisement of the estate of our poor afflicted Church" (More to Smith, 31 October 1609, West Arch , VIII, n. 169. Cf. also Birkhead to Smith, 18 January 1610, and Persons's Relation to the Pope, 10 December 1609 , ibid ., IX, n . 7 , and VIII, n. 190).

12 In a letter to R. Jones, S.J. , of 24 May 1610, a priest reports: "Il Signor Musheo ci va stringendo con una violenza molto grande volentes nolentes di sottoscrivere per la petitione di vescovi et di nominare alcuni a questo effetto " (Arch S.J. Rom Anglia, 31.1, f. 366. Cf. also the letter of a priest to R. Blount, S.J., 21 June 1610, ibid, f. 366v.).

et plurimi aperte negaverant : sed (ut suffragiorum numerum ad plenius supplendas informationes suas multipicent) gradibus quibusdam procedunt

Primo enim, ut cum majori authoritate causam suam promoveant, affirmant Romæita nunc res se habere, ut Sanctissimus D. N. episcoposcreare velit in Anglia, si sacerdotum major pars consenserit: Et similiter affirmant quosdam Cardinales huic petitioni multum favere

Secundo: hicapudnos procedunt ad quasdam aliasquæstiones magis generales. Viz : utrum velimus Superioribus obedire: etquas personas episcopali dignitate dignissimas existimemus : ut ex nostris responsisaliquid eliceant, unde nos inepiscopisconsensisse , aliquo saltem modo, licet valde indirecto appareat. Nullus enim presumeretur consentire in personasad aliquodofficium eligendas, nisi simul præsumatur ipsum officium approbare. Et præterea , quilibet potest obedientiam suam erga Superiores suos profiteri, ut tamen non præsumatur aliquid tale ab eis per suffragium suum petere, quod ipse sua sponte potius averteret quam peteret, et recusaret si offerretur: Nisi id velint, ut quia omnes nos obedientiam profitemur erga Superiores: ex eo concludere liceat, nos omnes in omnia etiam quæ ipsi petunt, consentire. Cum tamen , si directe procederetur et aperte quæreretur a sacerdotibus, utrum sua sponte episcopos, in hoc rerum nostrarum miserabili statu, postularent, si nec propositum hocdecernerent, nec Archipresbyteri nomine et authoritate sua, hos mittendo, huic petitioni favere videretur: aperte responderent se, vel nihil de tali petitione cogitasse: vel judicium suum in talibus rebus, Superioribus suis submittere: sicut ab initio haruminterrogationumplurimi eorum reponderunt . Hoc responsum illis non multum placet, quia nihil continet, quod episcoporum causam juvare potest.

13 Quicquid illud sit:fiste modus procedendi per has ambages,1 et perturbandi Curiam Romanam foris, et fratres suos domi, non potest non arguere aliquid aliud esse , ultra zelum inducendi episcopos, quod aliquos eorum in tantos labores, etimpensasimpellit Quid tamen illud sit, nemo pro certo poterit affirmare. In talibus enim negotiis facilius est conjecturis agere, quid probabiliter esse possit, quam certo statuere quid sit Si vero de futuris ex anteactis aliquid conjicere liceat: dicam libere quod sentio. Et primum (ut ipsam radicem totius hujus causæ petam) Nulli potest esse ignotum, qui aliquid de rebus Anglicanis , his annis præteritis audivit, quanta signa alienationis animorum hii qui maxime episcopos cupiunt, ostenderint tum verbis , tum

18A priest writes on 5 May 1610: " La determinatione di sua Santita ha fatto molto piu quieti l' Appellanti et in molti luoghi so certe che parlano meglio dal solito di Giesuiti, ne sono tanto soliciti come prima in cercareet racorre con inganno li nomi de Preti in favore delli lor disegnidi contentione et discordie" (ibid., Anglia, 31.1, f. 360. Italics mine). Mush , however , as the aboveletter to Jones shows , continued to gather names and to speak against the Jesuits; for the letter reports what he had said about them to the patron ofthe writer. Birkhead deniedthat therehad been " odddealing in gathering votes (Birkhead toSmith, 26 July 1610, West. Arch., IX, n 55). "

integrislibris contra patres Societatis, ut non solum a regimine nostro ecclesiasticoeos amovere, sed etiam regno excludere vellent, si vires non defuissent. Neque ullus potest ignorare, hanc alienationem inde ortam esse præcipue, quod patres populo nostro ,

14 That one of the aims of the Appellant party in the earlier strife had been to get the Jesuitsexpelledor called out of England cannot be doubted Itwas one of the articles of the Instructions that Fisher receivedfrom these priests on his departure from England in 1597 (the Instructions, a copy ofwhich was delivered later by Bagshawto the Bishop ofLondon , areprinted in T. G.Law , The Archpriest Controversy, i, 207. Cf. also Barrettto Persons , 10 August 1597, Bibl Vat Lat 6227 ,f 29) Fisherhimself, in his confessions , declared that he had messagesfrom them to Paget to persuade him to work to that effect (Stonyhurst, Anglia, VI, n 22) Mgr Peña, in his relation of 21 February 1597 to Sessa , the SpanishAmbassadorin Rome, mentions that a letter was sent from Flanders to the Pope in the August or September of the precedingyear asking that the Jesuits be recalledfrom England (Bibl Vat. Lat. 6227, f 119 ). ButPagetwas not content to effectthe recallthrough the Holy See ; he communicated the project to the English Government in a paperfull of calumniesagainst the Fathers in England, entitled : A proposition of Charles Paget for calling the Jesuits out of England by means ofthe French King during the treaty, i.e. during the negotiationsthat led to thepeace of Vervins, 1598 (Domestic Calendar Eliz. , 1595-1601, pp. 68 and 69. Cf. also A letter of a Catholic gentleman at Brussels to his friend, a monk at Liège, 14 July 1598, ibid, p 230) Paget'spaperwas copiedbya Catholicgentleman in England and sent with great secrecy to Persons in Rome (Persons to Mgr Peña, 22 August 1598; to Cajetan, 22 August 1598 , with enclosures ; and Peña to Sessa , 29 August 1598; Arch Vat Nunz Diverse, 264, ff 224 , 229 and 231 , Paget's articles, ibid., f 237) Furthermore, in a letterof25 March (1602 ?), condemning the Appellants, J. Wright, Dean of Courtrai, notified the Cardinal Protector of their designto have Jesuitaset Jesuitcos sacerdotes , i.e. secularpriests who supported them, driven from England (Naples, Arch di Stato, Carte Farnesiane , 429, fasc 4, f. 270) And on 2 February 1602 the nobiles Catholiciin England also wrote tothe Pope in a similarlycondemnatory strain, mentioning this same design of the Appellants (Oscott MSS . 534 , ff. 239-246). The latter themselves declaredthat they hoped by this means , the expulsion of the Jesuits, to obtain liberty of conscience in England (cf. Fitzherbert's long paper in reply, showing correctly, as events proved, the futility of expecting this from the English Government, Arch S.J. Rom. Anglia, 36.1 , f. 100). Nor did the efforts of some of the Appellants toeffect their project of expelling the Jesuits cease after the Pope had decided the controversy in 1602. John Cecil, in hisreport fromprisontothePrivyCouncil , 2 July 1603 , ofthe proceedings of himself and his fellow Appellants in Rome the previous year, writes: " After the retourne of these priests from Rome they left one of their company (Bagshaw ) in France , to sollicite with the French King his fartherassistance for the removing the Jesuits from their Colledges and recalling them from England " (West Arch, VII, n . 93. The Italian version of the same document is preservedat Stonyhurst, Anglia, III, n . 38) In the same year, 1603, the Nuncio in Paris, at the bidding ofthe Pope, calledto him the BishopofVason(Chisholm), BagshawandW.Crichton , S.J. , to try and settle the differences When asked by the Nuncio what measures hewould suggest for bringing about a pacification, Bagshawreplied "Il modo saria di mettere tutti gli Jesuiti fuora d'Inghilterra, quel che si tratta gia (disse) colli Re d'Inghilterra et Francia "-a measure which the Nuncio at once rejected He was, in fact, at the time, by order of thePope, trying to negotiate with Henry IV their return to France, from which the French king had expelled them (Crichton to the General , reporting the meeting, 27 August 1603, Arch S.J. Rom Gall , 94, f 19) But Bagshaw andhis circle in Parisdid notabandonthe design ; they were stillendeavouring to put it into effect in 1606 (the Earl of Warwickto Persons , 26 November 1606, Arch Vat Borghese, II, 448, ab f 354) Allthis intrigue , it must be remembered , was known at Rome

propter unitatem inter se , et alias virtutes, gratiores sint, quam illi15: et multipatroni tales in domos suas libentiusrecipiant, quam alios: et propter hoc residentias plures occupent, quam istilibenter illis permitterent, si possent impedire

Hoc videtur illud esse, quod hii tam moleste ferunt. De hoc sæpe et graviter conquesti sunt, et adhuc conqueruntur , quod tantas residentias (eleemosinarias tamen, quales omnes apud nos sunt) occupent . 16 ut has ab eis avellerent multi modi a multis olim per querelas, et calumnias, excogitati sunt Si enim a residentiis excludere possent: e regno etiam simul excluderent , cum hic Monasteria, aut Collegia, ad quæ Religiosi confugiant , nec habeantur, nec haberi possint, sicut in aliis christianis provinciis habentur Nullum tamen modum ad hoc tam efficacem se invenisseputant quam si episcoposin Angliaminducere possent Nam per authoritatemepiscopalem, sperant se posse patronisinjungere, ut sibi liceat has residentias disponere quibus voluerint, quod nunquam assequi potuerunt per authoritatem Archipresbyteri . 17 Quomodo autem hoc fieri posset (ut nostræ res in Anglia nunc se habent) nullis conjecturis assequi possum, nisi sibi persuadeant, tantam fore potentiam episcoporum suorum supra omnes laicos ut, patronis invitis, in eorum domos residentes obtrudant, quod nunquam facere poterunt: Et si id attentaverint: majora mala nobis omnibus inferrent, quam unquam a persecutoribus nostris illatasunt. Cum enim ex mera charitate, et commiseratione nostri miserrimi status, nos in domos suas recipiant, et alant, idquesub maximispænis, quæ hic per leges hujusmodi receptoribus infliguntur, præter graves mulctas pecuniarias, quas annalim solvunt: quomodo non ita graviter ferent, si non liceat sibi suosresidentes eligere, sed coganturobtrusos admittere, ut prorsus despondeant animos, et secum male agi conquerantur: et hinc forte novum bellum, ad nostramruinam, inter episcoposet patronos oriatur 18 Tolle enim patronos, tolles simul et sacerdotes: et totum hoc opus pium quod præ manibus habemus, corruet, quo nihil adversariis nostris gratius esse potest.

15 Frangipani, the Nuncio in Flanders, expressed much the same opinion when he wrote in a letter to Borghese, 15 January 1606, "et la dissentione sudetta vien mossa dall' invidia ch' hanno i sacerdotiInglesi dei Padridella Compagniadel Giesu, per vedere i Giesuiti di maggior autoritàdi lor nella chiesa Anglicana, che l' occeca li occhidell'intellettodesiderandoetprocurando l'uscitalordal regno, che fa lieto il Re, il suo consiglioet quei che non molto amano la Compagnia" (R.O. Transcripts 9, bundle 114. Cf. alsothe same to Aldobrandino, 7 November 1597 , Arch Vat , Nunz di Fiandra, XI,f. 378)

16 In 1608 there were forty-seven Jesuits in England, and some ofthose were in prison (Report on the Jesuit mission, Arch S.J. Rom Anglia, 31.1 , f. 345).

17 The point was as a matteroffact raised in the Chalcedon controversy (Stonyhurst, Anglia, VIII, nn 7 and 23)

18Ashrewdforecast, as eventswere to showinthe Chalcedon controversy. T.A. Hughes, S.J., treats ofthe controversy in connection with Lord Baltimore chiefly fromthe point of view of the Catholic layman. He had access to Propagandaandother archives, andprints a number ofthe moreimportant documents(cf. his History ofthe Jesuits in North America, New York, vol. i).

Præter has residentias fieri etiam potest, ut sperent se per eandem potestatem episcoporum suorum obtenturos etiam ut disponerepossint de præfecturis omnium Seminariorum nostrorum , sicut olim omnes etnuper Duacenum sibi appropriare quærebant 19 Potest etiam alia causa esse hujus alienationis : viz: æmulatio quædam, quam hii qui tam avide episcopospetunt, non obscuris signis sæpe declaraverunt Timent enim ne patres, per sua benmerita domi et foris, secularium sacerdotum gloriam obscurent , et potiores partes in recuperanda patria nostra obtineant quam ipsi, quasi sine Religiosis ipsi ex se hoc præstare nequirent Et ob id tot modis per episcopos suos et aliter tantopere nituntur ad se solos pertrahere totam gubernationem nostram ecclesiasticam, ut totam gloriamsibi solis acquirant quasi multum referat utrum per sacerdotes seculares Anglia nunc fiat Catholica, an per Religiosos, per quos ab initio facta est christiana: aut quasi inter messores aliquid intersit, quis eorum manipulum frumenti in horreum dominicumimmittat, modo immitatur.

Si quæ aliæ causæ alienationis sunt præter has : dicant ipsi, et nominentaliquid saltem, in quo ipsi de nobis aut patria nostra male meriti sunt, ex quo primum per Gregorium 13um in hanc mesem missi sunt, et secularibus in hoc glorioso opere conjuncti Et præterea, dicant hii ipsi qui episcopos petunt, quid esse possit præter has causas, quod majorem in eis zelum erga episcopos excitare possit, quam in aliis confratribus suis qui omnia bona patriæ suæ , non minus optare noscuntur, quam illi

Si nulla omnino sit causa: evidenter apparebit omnibus , omnes hos eorum conatus, ex ingratitudine maxima erga patres procedere, a quibustanta beneficia, et ante et post conjunctionem nostram accepimus, ut nos devinctissimos illis esse , fateridebeamus; ut in literis meis ad vestram Reverentiam ante biennium fusius scripsi Exquibus et aliis quasnunc mitto, plenius intelligat, quomodo nunc se res habeant apud nos Et quamvisin hoctoto negotio de episcopis, nimis fotassetimidi et nimis suspiciosi videri possimusextraneis quibusdam, qui mala nostra nunquam gustaverunt : Nondubitamustamen, quin Reva V. per hæc pauca, et per experientiam tot annorum, facile possit intelligere, quo hæc præambula tendant

Petimus ergo vehementer, ut per vos hæc omnia innotescant illis, qui nos in his angustiis constitutos aliquo modo juvare possunt, et ut admoneantur isti novatores a Superioribus suis , ut ab istis indirectis modis procedendi nobiscum desistant : ut confratressuos, qui paci et quieti studere cupiunt, ad suas necessarias defensionestoties scribere non compellant Quod certe nunquam faceremus , nisi valde nobis timendum esset, ne nobis tacentibus, aliquid illi Sanctæ Sedi, per modum Informationis obtruderetur , quod in publicum periculum omnium nostrorum verteretur Et has scribo non libenter quidem, nec per modum querela depræteritis: sed tamen necessario per modum cautelæ de futuris

19 Cf. supra, Fitzherbert to Birkhead, 19 September 1609, note 5, 21 November 1609 , and 18 June 1610 .

Postremo: Ut omni contentionis occasione remota, missis episcopsis, obedienter sub Archipresbyteri gubernatione, jam a Papa Clemente instituta , et iterum a sua Sanctitateconfirmata , quiescamus, et alacriter, conjunctis viribus, operi nobis injuncto incumbamus Deus Revam Vam diu nobis incolumem servet, et piis laboribus vestris pro patria nostra, prosperum successum concedat. In Anglia 28 Martii 1610 . Vobis merito vestro devinctus Joannes Bavandus

Addressed " Revdo patri Roberto Personio e Socte Jesu Romæ . "

Translation.1

Reverend Father,

No one knows better than your Reverence that forty years ago, whenthe first missions of English priests from overseaswere appointed to bring back our unhappy country from heresy and schism to the Catholic faith and religion, all questions about the method of carrying out this work and about cases of conscience and other doubts and controversies which might arise among these priests or others were referred to the Rev. Dr. Allen, afterwards Cardinal, so that he might act as an intermediary between us and the Holy See and conveyits answers to us about all such matters

Afterwards, when he was dead, our Holy Father, Clement VIII, in order the better to procure harmony among the priests, decreed through letterspatent of the mostillustrious Cardinal Cajetan, at that time our Protector, given in the year of our Lord 1598, to place over the rest of the priests an Archpriest with twelve Assistants. These letters laid down, among other things, that every six months a report should be sent to the Holy Father about Englishaffairsand about the success of this arrangement Further, if any priests were disobedient or otherwise blameworthy, they were either to be deprived of their facultieshere bytheArchpriestandhis Assistants , or if they were incorrigible and the occasion requiredthey were to be recalled hence bythe Protector. And concerning all these thingsandany other of our affairs, it was provided in the same letters patent that every six monthsthe Archpriest should write to the Protector and to whoever shouldatthe time be President of the College of Douay that he might have the letters forwardedto Rome and the replies sent back here to the Archpriest: so there was to be a certain co-operation and mutual intercourse between the organisationhere and the College of Douay And in order that the President of the College should be more closely associated in these duties with our Archpriest, it was also laid down in the same letters patent that the President should be constituted a supernumerary Assistant And this arrangement (so far as concerns the President ) was renewed in the facultiesof the Rev. Mr. Birkhead, our present Archpriest, by the most illustrious Cardinal De Bubalis, Vice-protector. And this arrangementlasted up to last year, and was judged by everyone to have been most wisely appointed for the treating of all our business (so long as this persecution lasts) with the Holy See

But in the course of last year many signs of innovation have appeared. For our Archpriest, either of his own initiative, in order to avoid trouble and without evil intention (as we truly believe), or

rather through the importunate prompting of certain others who for some years had shown themselves to be lovers of novelty, had opposed the papal Briefs of Clement VIII that set up an Archpriest, and from the beginningof his appointment had frequently urged him to change the procedure which he had followed. Instead of dealing with our affairsthrough the PresidentofDouay, or through the Rev.Mr. Thomas Fitzherbert, a man universally regarded as admirableand prudent and most experienced inourEnglishaffairs (whomhe had formerlyemployed as his Agent), he was to choosesomenewAgent andsend him to Rome. To gratify these others rather than himself (as was thought) he gave his consent and chose Dr. Smith and sent him to Rome with power to propose and arrange certain matters with his Holiness.2 What was done there by him, your Reverence very well knows Everyonehere certainly suspected that from the changing of the former plan and the sending of a new Agent something new would follow: in particular either that something new would be proposed against the Fathers of your Society, as had often happened formerly in the time of Clement, or that our seminaries abroad, especially Douay, would be transferred tothe governmentof our Archpriest, or something similar, which would do enormous harm to our Community.4

Many things increased this suspicion First: our Archpriest had authority through his faculties from the most eminent Cardinal De Bubalis, our Vice-protector, freely andlawfully to chooseandsubstitute others , whose appointment he judged suitable before the Lord, for four Assistantswhose places were then vacant: he, however, passed over many others who had always worked for peace and had accepted the letters of Pope Clement VIII without any reluctance , and appointed to thevacancies four men ofthe partywhichIhave indicatedabove: viz. Mr. Edward Bennet, Dr. William Bishop, Mr. John Colletonand Mr. Robert (John ?) Bennett, who long before (as everyone knows) had with all their might promoted a petition to the Pope for bishops in England And this suspicion was notably increased last year when our Archpriest sent Mr. Mush, a man quite willingfor the task , into the northern parts of the kingdom, in order that in his name and authority he might obtain supportfrom the priests for the introduction ofbishops The matter, however, did not turn out as he wished, since few gave their pledges in favour of the petition

These suspicions, however, did not at that time cause serious or widespread anxiety, because the petition had so often in the past been presented to variousPontiffs, and always rejected. First, thirtyyears before, byGregoryXIII, who after maturedeliberationabout sending a bishop into Englandreplied that this form of governmentcould not be introduced into England withoutthe gravestrisks so long as this persecution lasts . Secondly, eleven years ago the same petition was made , but again rejected as unsuitable to the time6; and insteadof a bishop the system ofan Archpriest was instituted Finally this last year the matter was placed by Dr. Smith, our Archpriest's Agent, before his Holiness Pope Paul.7 He, fully understandingthe present position of all our affairs, followed the opinion of his predecessors, and by his Nuncio in Belgium made known to our Archpriest, and through him to all secular priests in England, his immovable resolutionto appoint no bishops for England until he had received satisfactoryinformation about the difficulties in the matter, and understood that the petition was made with the consent of all the priests And this decision of his was conveyed to all the clergy by a letter of our Archpriest

Moreover , even if this petition of some for bishops had never been rejected, yet there are many other reasons why bishops, as long as these most troubled times last, ought not to be asked for by us

First, because little or no usefulness is to be looked for in bishops amid these troubles. For what important service can they perform which is not in the power of other priests, except indeed to confer Holy Orders (which it seems more suitableto have done in the places abroad where we have seminaries for study), and consecrate the holy oils, and confirm those who here amongst us can have this sacrament only in desire ? I have indicated at greater length to your Reverence in previous letters how all these things which are impossible here can be sufficiently provided for in other ways.8

Secondly, the bishops themselves would be exposed to so great dangers in various ways that it would be much more useful to us (if it is at all possible) if there were one English bishopin Belgium or in France who could direct all our business much more safely andfreely than ifhe lived in England For nowhere here couldhe takeup residence or exercise his episcopal functions,9 but even more than other priests will he be forced always to find concealment lest he be captured or at least driven into exile, where he will have to lay aside the dignity of a bishop, unless there is someone to pay the cost of his support And, moreover , a patron will hardly be found who willwillinglyadmit such dangerous guests to his house .

Thirdly, it is not the bishop alone who will sufferthese evils, but their comingwill bring infinite perils to us all as I wrote some years ago For all those who are in supreme power here will suspect that some new danger threatens them from the change. The Puritans, who are many and powerful, cannot endure even the name of a bishopin any part of the world. What mischiefwill they not do to us who have bishoprics and other prelacies whenthey see their opponents so boldly forcing them upon their notice etc. ? They will enforce the existing laws with greater severity and will procure even more savage enactments (if that be possible) They will carry out constant and most cruel searches throughout the kingdom . 10

Moreover, bishops are the less necessary with us in that fuller faculties have been granted to some of us by the Holy See for the carrying on of practically all functions necessary at this time than are commonlygranted to Catholic priests in other provinces : by theirhelp we have lived for forty years withoutthe rule of bishops, and wehave cultivated this vineyard entrusted to us, which undoubtedly would have yielded a richer harvest if an enemy had not sown in it these and similar tares of dissention

These considerations should have sufficed to bring an end to such efforts

Yet in spite of them (some) are still so importunate that they spare neither labour nor cost provided they can forward this matter of bishops

This year, a few monthsago, ourArchpriest sent Mr. Thomas More (who had previously returned from Rome) with letters of commendation to all secular priests throughout England, so that they might believe his account of what had been done at Rome (while he himself was there) by the Archpriest's Agent . 11 He had, however , little to relate, and that of no importance, but devoted himself to the task (in which he is sufficiently zealous) of urging that petition for bishopsbe sent to Paul; though he confessed that for this he had received no

commission from our Archpriest Finally he came down to some unexpected questionsas whether we wished to obey the Archpriest in this matter; and whether, if his Holiness should decree anything about it, we should be willingto agree Moreover , he said there is a certain Cardinal, intimate with the Pope, who would be willingto re-open this question of bishops with his Holiness if he had the support of the priests, and who expressed great surprise that we did not retain the succession of bishops in England throughout this time of persecution

And at this present time Mr. Bishopis using the Archpriest'sname to canvass other priests in the cause of bishops and asking them to designate some persons whom they think mostworthyof the episcopal office . 12

Certainly there is much here that has caused us great astonishment: first, that after so many obstacles the samecauseis so vigorously re-opened by the same men, as though hitherto the system ofgovernment by an Archpriest had been ill-advisedly and rashly maintained by the Apostolic See , and as though there were no existing pontifical prohibition about the matter or any dangers to be fearedindeed, as though bishops were so useful and necessary to us that without them we could not have a church at all in England! Wewonderalso about the significance ofthe methodwhich is now used in the seeking of suffrages by those who come from the Archpriest For they do notdirectlyaskwhetherthe priestswish to vote infavour of bishops, as Mr. Mush had openly asked last year and received very many denials ; but (in order to multiply the number of suffrages and increase the body of opinion) they proceed to some questions of a more general kind, viz. whether we are willing to obey Superiors, and what persons we think most worthy of the episcopal dignity, so thatthey may elicit somethingin our answers whence it may appear that we have given some sort of consent, however indirect, in this matter of bishops For no one would be taken to consent to choice of certain persons for an office unless he were assumed to approvethe office itself Moreover , anyone can profess obedience towards his Superiors without being understood to give his opinion in favour of somethingwhich of his own initiative he would avoid rather than seek and would refuse if he were offered; unless their intention is to draw from the fact that we all proffer obedience to superiors the conclusion that we all agree to all those things which our questioners seek But if the procedure were straightforward and the priestswere openly asked whetherin the wretched condition of our affairs they would of themselves ask for bishops, ifthey had not to decide the matter and did not thinkit was urged in the name and by the authority of the Archpriest who sent thesemen , they wouldopenlyreplyeitherthattheyhadgivennothought to the matter or that in such things they submitted their judgment to their Superiorsas infactfrom the beginningofthese inquiries very many have replied and now reply This reply does not greatly please the questioners , because it contains nothing which can advance the matter of introducing bishops. However this may be , such a tortuous method of procedure, 13 which disturbs the Roman Curia abroad and their own brethren at home , cannot but suggest that thereis some other motive, beyond zeal for the restoration of bishops, which impels some of them to such toil and expense. Whatthatis none cansaywithcertainty. In such matters itiseasier to conjecturewhat is probablethan to be certainofthe actual truth. But ifI may make a conjecture about the future from what has happened in the past, I will say franklywhat I think.

And first (to go to the very root of the matter), everyone who has heard anything of English affairs in recent years must be aware how hostile these same men who are especially desirous of bishops have , in wordsand in whole books, shown themselves towardsthe father of the Society, so that they would have excluded them, if they had been able, not only from our ecclesiastical government but from the kingdom itself . 14 And no one can be unaware that this hostility arises mainly from the fact that the fathers, from theirunion amongthemselves and other virtues, are more popular with the people than are their opponents15: many patrons receive them more willingly into their houses , and consequently they have more residences than their adversaries would allow them if they had power to interfere

This seems to be what causes such vexation to these men About this they have complained often and bitterly, and still complain, because the fathers occupy so many residences (though by charity as isalwaysthe case withus) .16 Toremove themfrom them, manymethods , using complaintsand calumnies, have in the past beendevised bymany men. For if they could be excluded from their residences they would be excluded also from the kingdom, since here there are not and cannot be, as there are in other Christian provinces, monasteries or colleges to which religious may retire. The petitioners, however , think no means so efficacious for their purpose as the introduction of bishops into England. For they hope that by episcopal authoritythey may be able to require the patrons to allow them to dispose of their residences accordingto their own wishes, a power they have never been able to obtain by authority of the Archpriest . 17 How this couldhappen (as our affairsnow are in England) I am quite unable to imagine, unless they are persuading themselves that bishops will have such power over all layfolk that against the wishes of the patrons they can obtrude residentsinto their houses, which they will never be able to do; and if they should attempt it, they would bring greater evils upon us all than have ever been inflicted by our persecutors. For since they take us into their homes and support us out of mere charityand pity for our most wretched conditionand that at the risk of heavy penalties which are here inflicted on such benefactors , in addition to the fines in moneywhich they pay annuallywill they not take it so ill, ifthey are not allowed to choose their own guests but are forced to accept those imposed upon them, as to become completely disheartened and complain that they are unfairlydealt with ? Hence may arise a new war, to our destruction, between bishops and patrons 18 For takeaway patrons and you will take away priests at the same time; and all this holy enterprisewhich we have in hand will collapse, to the exceeding delight of our adversaries .

Apart from these residences, it may also be that they hope by the powerof bishops to gain control overthe governmentof our seminaries: they have tried to secure it for themselves over all of them in the past and over that at Douay quite recently. 19

There may also be another cause of the hostility, namely a certain jealousy which these men who are so eager for bishops have often shown very plainly. They fear that the fathers by their achievements at home and abroad may obscure the glory of the secular clergy and play a greater part in the recovery of our country than themselves , who without the religious would be unequal to the task. And consequently they strive so vigorously and in so many ways, by their plan of bishops and otherwise, to draw into their own hands all our ecclesi-

astical government, so that they may ensure all the glory for themselves. As though it matteredmuchwhetherEngland became Catholic by means of secular priests or by means of religious through whom she originally became Christian; or as though it made any difference which of the harvesters places the bundle of corn in the granary of the Lord, so long as the corn is garnered.

If there are any other grounds of hostility beyond these, let them declare them and name something at leastin which the religioushave deserved ill of us or our country since they were sent to the harvest by Gregory XIII and joined the secular clergy in this glorious task. And moreover , let these men who ask for bishops themselves declare what, apart from the above reasons, can arouse in them greater zeal for bishops than is felt by their colleagues who are known to be no less devoted than they to the welfareof theircountry.

If there simply is no reason, it will be clear to everyone that all these attempts of theirs arise from the greatest ingratitude towardsthe fathers, from whom we have received so many favours, both before and after our association, so that we ought to confess ourselves most attachedto them, as I wrote at greater length to your Reverence two years ago From that and from what I now write, you may understand more fully the present position of our affairs And although in all this matter of bishops we may seem too timid and too suspicious to outsiderswho have never had a taste of our troubles , we have no doubt that your Reverence can easilyunderstandfrom these fewhints, and from your experience of so many years, what is the aim of these preliminaries

We therefore beg earnestly that through you all these things be made known to those who can in any way help us who are in such straits, and that these innovators be admonished by their superiors toabandon those indirect ways of dealing withus, so thattheir colleagues who wish for peace and quiet may not be compelled so often to write in necessary defence of themselves This we should certainly never do unless we had good reason to fear that if we kept silence the Holy See might at their instance be led into some plan which would turn to the public danger of us all I write these things with no pleasure, and with no complaint about the past, but as a necessary warning about the future.

Finally, that, with all occasion ofdisunionremovedandthe matter ofbishops laid aside, we mayremain obediently underthe government of the Archpriest, instituted by Pope Clement and again confirmedby his Holiness ; andthatwithunited strengthwemay labourenergetically at the work enjoined upon us. May God long keep your Reverence safe for us and grant a prosperous issue to your loving laboursfor our country. In England, 28 March 1610

With the devotion that I owe you, John Bavant

XXIV.

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NARRATIVE OF DR. SMITH'S AGENCY IN ROME. *

West Arch., VIII, n 197

Cum Reymus Angliae ArchipresbyterD. Georgius Birchedus nihil magis in votis haberet jam ab ipsa sua prima assumptione ad illam praelaturam , quam omnia de domoDei removere scandala, pacem mutuam procurare inter omnes ditioni suae subditos, meinbraque sui corporis magis magisque concordiae et charitatis vinculosibi counire, sedulo cum suis ac saepius egit quomodo hoc tam pium suum studium effectum consequi posset Illis ut par erat tantum viri zelum approbantibus , suamque in omnibus opem promittentibus serio egerunt ne frustrarentur suo desiderio . Ad hoc apprime judicarunt necessarium ut ad Sedem Apostolicam cui se immediatesubjectos agnoscebant, et unde sperabant omnia quae (spectent) ad pacem EcclesiaeAnglicanae tanto temporecum haereticis non sinemaxima sanguinis Martyrum effusione decertantis aliquem suorum mitterent per quem negotia Cleri Anglicani fideliter tractarentur, exponeretur commune desiderium sacerdotum, praesentis staus difficultateset illa quae videbantur obstare nefelicifinetam gloriosam consummarent agonem.1 Imo et [sic,for ut] obtineret si modo posset, quae adeo necessaria visa sunt ut illis non concessis frustra sperarent remedium aliquod malis suis. Miserunt ergo circa principium Martis an . 1609 D. Richardum Smitheum sacraetheologiae Doctorem virum probum et doctum qui capita illa proponeret in quibus summa rerum continebatur, unde pax certa et stabilis , et sufficiens praesidium contra hereticorum incursus assiduossperabatur. Romam ergo accessit D.ille Richardus tanquam Agens Rm1 Archipresbyteri Angliae 12 Maii eodem anno, mansitque in Collegio Anglicanopro more septem diebus et cum eo D. Thomas Morus presbyter, qui ei socius peregrinationis adjunctus est a Rmo Archipresbytero etfamuli duo Hoc tempore secundum instructiones suas a Rmo Archipresbytero acceptas amice egit cum R. P. Rob. Personio Societatis Jesu Religioso et D.Thoma Fitzherberto de rebus curae suae commissis, qui quidem omnem suam operam polliciti sunt in omnibus quae ad mutuam suam pacem et concordiam spectabant. Primo ergotempore exhibuit illis capitulahaecquae Rmus Archipresbyter una cum suis Assistentibus proponenda Sanctitati suae decreverat.

Praecipua capita de quibus pro sua opportunitate tractandi, conferendi, et etiam proponendi cum melius id visum fuerit facultatem concedo Agenti meo D. Richardo Smitheo Sacrae theologiae Doctori quando Romam advenerit.

2Cum jam diu Reverendis ac dilectis compresbyteris meis satisfactionem plenissimam dare, omnisque contentionis ansam penitus abscindere mei officii esse putaverim: cumque saepius, atque instantius iidem me praesente conquesti fuerint de non sublata occasionediscordiae juxta mentem Fel mem Clementis

* The notes (owing to the length of some of them) have been placed immediately after the textp 118 et seq.

PP VIII. in forma Brevis traditam 25 October, 1602, et Pontificatus illius an. 11 operae pretium duxi ut idem Procurator meus imprimis a Sancta Sede Apostolica humiliter discere coneturquatenus ego nunc decreti illius vigore astrictus teneor a quo hactenus semper me liberum existimavi, tum quia ad praedecessorem tantummodo directumfuisse constat, tum quia in literis Apostolicis, quibus nova ista Provincia mihi injuncta est ejusdem nulla mentio fieri videtur.³

Secundo ut S.D.N. de rebus nostris ecclesiasticis plenissime informet

Tertio ut tractet cum Superioribus nostris de modo alendi quosdam expresbyteris nostris doctioribus in partibustransmarinis ad scribendum contrahaereticos, atque ut sint praelectores Sacrae Theologiae in Collegio Duaceno sicut in superioribus temporibus.4

40. Ut juniores sacerdotesfinito cursu in seminariis non tam citoin Angliamdestinentur, illi praesertim qui praeclarioris ingenii specimenprae se ferunt, sed potius (ut quantumfieri potest) aliqua ratio ineatur qua possint ad maturiorem Theologiae cognitionem pervenire. antequam ad tam grave certamen demittantur.5

5º Ut de angustiis quae hoc tempore periculoso hicpatimur circa residentas Sacerdotum ingredientium aliqua consideratio habeatur ne iisdem Residentiis vi et malitia hostiumnostrorum in dies deficientibus , crescat illorum multitudo ad augmentum calamitatis nostrae, quia etiam nunc non possumus providere illis quos habemus.6

60. Ne in vineam istam mittantur Sacerdotes illiterati et imperfectiad majorem Cleri ignominiam, et confusionem , utmulti jam conquerunturet submurmurant .

70. Ut liberum sit Sacerdotibus nostris , si ab Academiis judicentur idonei promoveri ad gradum Doctoratus. "

Haec fere sunt illa praecipua capita, quae ad stabiliendam concordiam aptissima judico, quae Sanctissimo Dno Nro humillime desideramus proponere, Deum opt. max. deprecantes ut illum inspiret concedere et ordinare, quae ad Dei gloriam et pleniorem Ecclesiae Anglicanae consolationem pertinent nosque paratissimos faciat ejus mandata obedire Dat 9 Feb. 1609 .

Georgius Birchedus Angliae Archipresbyter et protonotarius Apostolicus.

Exhibuit etiam modum quemdam agendi quem ipse Rmus observari voluit , ne ansam daret Patribus Societatis suspicandi aliquid sinistri de ejus intentione vel impediendi Agentem suum in eis capitibus obtinendis ; his autem verbis concipiebatur.8

Declaratio intentionis meæ circa missionem Procuratoris ad Romanam Curiam.

Cum non pauci ex venerabilibus compresbyteris meisdiu multumquemecum egerint de Procuratore ex nostris Clericis Romam mittendo eamque rem ego hucusque certas ob causas distulerim;

NARRATIVE OF DR. SMITH'S AGENCY IN ROME

jam vero de die in diem magis perspiciens eos unionis et concordia spiritu ductos Dei opt. max. gloriam et boni publici conservationem, ac etiam propagationem sinceris animis desiderare et quærerenon potui non eorum justis postulatis acquiescere, meque illis in eum finemadjungere Ideomittendum censeo virum quemdam prudentem , æquum et fidelem, qui cum in rebus nostris sit admodum bene versatus possit ad S.D.N. curiamque Romanam de præsenti Cleri Nostri sæcularis statu rebusque aliis necessariis plenius, certiusque referre : a quo tamen volo hæc quæsequantur sancte observari. Primum. quoniam (ut nuper accepimus) visum est Suae Sanctitati nullos omnino Episcopos apud nos creare nisi ex communi omnium consensu, licet illud ipsum a compluribus vehementius desiderari sciam, ut Ecclesiæ nostræ perhonorificum ; et valde utile. tamen ne S.D.N. voluntati ulla in re refragari videar nolo ut postulatioilla a Procuratore meo ante collecta singulorum suffragia ad suam Sanctitatempromoveatur.

20. Intendo ut dictus procuratormeus hoc iter in se suscipiat ad firmius stabiliendam pacem et concordiam cum admodum RdopatreP. Roberto Personio, et consequenter cum ipsoderebus nostris (quatenus id summo totius Orbis Antistiti placuerit) tractandum, ejusque consilio, et auxilio utendum Multoties enim evenire potest (quod etiam impedire in nobis non est) ut S. Stas illius opinionem de nostro statu audire cupiat. Atque igitur ne ille uno Procurator autem meus modo longe diverso eidem res nostras referre conetur maxime requiro, insuper et zelo pacis, atque etiam justitiae incitatus volo, ut dictus Procurator cum præfato RdoPatre de negotiis nostris frequentius amice consultare intendat quo relationes illæ quas summo nostro Pastori facere et exhibere nituntur convenientes simul, et cohærentes efficiant 30. Dum exopto ut Procurator meus præfatum in modum agere cum prædicto Rdo Patre, ejusque sententiam et consilium sæpius amplecti velit, non quidem ideo id facio quasi eum inrebus ad regimen et officium meum spectantibus dominando occupari, aut aliquam inter nos et illum subordinationem constitutam esse vellem abutroque enim ipse in literis sæpe ad me dataspro sua pietate videtur abhorrere sed solum ut ipso tanquam optimo amico, et coadjutorifideli utamur, quippe qui perlonga sua experientia, et in rebus agendis prudentia bono causæ nostræ Clerique totius honori apud illam sanctam Sedem multum prodessevaleat

4º Eundem Procuratorem meum sic animo affectum et præparatum habere vellem, ut conjunctim negotia nostra tractare se disponat cum Rdo ac nobili viro D. Thoma Fitzherberto tum quia ipse hactenus magno studio , ac diligentia res nostras istic procuravit, tum quia eum suae Sanctitati et Illmis Cardinalibus Inquisitionis sanctæ(in quorumpræsentia dictæ res nostræsæpius ventilandæ sunt) satis notum et cognitumesse non ambigo, tum postremo quia persuasum est mihi, quod idem præfatus venerabilis vir, quando viderit dictum Procuratorem meum summa animi

consensione secum de prædictis rebus agentem, maximam ei totius negotii partem remittere paratus erit, semperque nihilominus paratissimus etiam existet pro utilitate communis causæ suam operam et consilium interponere

5º quia hæc Procuratoris missio per viam amoris et fiduciæ, non autem ad renovandam præfatam illam postulationem de Episcopis vel querelas ullas præteritas sive præsentes, imo vero ad universalem pacem et quieteminter nos constituendam omnino fieri intenditur, ad hæc certe proponenda multo facilius inducor et excitor, inde firmissime in domino confidens , non posse quidem non esse gratissimum Suæ Sanctitati, si divina ope mediante radicem discordiæ, omnisque contentionis ita semel e terra nostra extirpatamperspexerit, ut nobis dulcissima tandem, et optatissima pace perfrui liceat.

60. Hanc perpetuo extitisse mei sententiam , tum venerabiles viros D. Guilielmum Bishopum, D. Richardum Smitheum D. Edouardum Vuestonum Sacræ Theologiæ Doctores, tum etiam Edouardum Bennettumet quam plurimosalios ex Rdis consacerdotibus meis, tum denique admodum Rdum PatremP. Richardum HoltbeiumSocietatis Jesu inAnglia Præpositum, aliosque ejusdem Societatis venerandos Patres, et omnes denique quibuscum, vel sponte vel eorum instantia hisce de rebusfrequentiorem sermonem habui testes advoco Hoc porro desiderium meum et voluntatem essefateor; hanc denique viamoptimamad conservationem unionis et pacis semper judicavi ac propterea in hujus rei testimonium censui nomen meum propria manu subscribendum 50 febr. 1609.

Georgius Birchedus Angliæ Archipresbyter et Protonotarius Apostolicus.

His prædictis nos infra scripti assentimur

Guilelmus Bishopus

Richardus Smitheus

Joannes Colletonus pbtri Assistentes .

Edouardus Bennettus

Edouardus Vuestonus sacræ theol. Doctor. Thomas Youngus sacræ theol Bacchal. Robertus Youngus prbr

Thomas Morus prbr

Integra illa hebdomada egerunt simul quorum intererat de his rebus nec quicquam concludi potuit, cum proponi nollet P. Personiushæc capitula, Agensautem contenderet non sibiintegrum esse propositionem illorum omittere solum de modo esse consultationem nempe quomodo possent sine illius offensaproponi, qua in re paratum se esse ejus consilium et authoritatem sequi Adiit etiam quo nihil intentatum relinqueretidem Agens Rdum Patrem Præpositum Generalem Societatis, eoque plene de omnibus informato hoc responsum retulit, se omnibus rite perpensis nihil in illis capitulis observare contra Societatem suam, nihilque in eis sibi displicere nisi primum, quod tamen ita posset proponi ut

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nequaquam cederet in injuriam Societatis Agente autem ex animo et inficte promittente se in modo proponendi velle se eam moderationem observare quamvel ipsi optarentvel consulerent discessum est Hinc Agenti animus additus dum speraret neminem ex Societate exprobaturumquod Generalis Præpositus approbasset . 10 Itaque primam supplicationem suam contulit cum P. Personio et prout voluit correxit in quibusdam Die autem 24° Maii qui primae ejus audientiae assignatus erat, (incidit is in dominicam Rogationis quando legitur Evangelium Usque modo non petistis quicquam petite et accipietis etc.) accessit Agens coram sua Sanctitate cum D. Thoma Moro et D. Thoma Fitzherbertoet post humillima pedum oscula, licentiam dicendi obtentam hanc genibus flexis oraciunculam pronunciavit. Longa terrarum marisque spatia emensus Bme Pr. ad Stis tuaepedes abArchipresbytero ejusqueAssistentibus missusaccedo non contentiones ullas prosecuturus, aut dignitates quascumque petiturus sed afflictissimumAnglicaniCleri statum St¹ tuae expositurus, eique remedia (maxime quae ad pacem inter nos conservandam spectant) postulaturus. Fuerat enim Cleri nostri sub sanctae memoriae Card. Alano primo Seminariorum institutore, ac parente optimo, conditiofelicissima, vigebat concordia ,florebat eruditio, eminebat pietas, ingensMartyrii studium, acpropagandae fidei ardor fervebat Sed illo ad meliorem, uti speramus, vitam translato inversus est cito (proh dolor) rerum nostrarumstatus, exortae sunt contentionumprocellae, literarum studia deferbuerunt, propagandae fidei ardor refrixit Quibus malisut a Ste tua remedia expeterem, tuaque authoritate firma inter nos pax constituatur, literarum studiapromoveantur , animique nostri ad fidei propagationem amplius accendantur huc missus sum . Situs est enim Bme Pr in secularibus nostris Sacerdotibus juvandis regni nostrijuvandi cardo, et convertendi spes Hi enim ut alios numero longissime superant, sic primi fuerunt qui Seminaria nostra inchoarunt, primi qui non precibus nostris inducti, aut exemplo provocati ut alii, sed a Deo ipso mirabiliter excitati in Angliam convertendae gentis causa ingressi sunt, primi qui concionibus ac scriptiseruditissimis Anglicanam haeresim oppugnaruntet qui pro catholica fide exilia, carceres , tormenta, mortis sustinuerunt . Hos frequentissimis martyriis honorificavit Deus adeo ut cum exomnibus qui sunt in Anglia Religiosis Ordinibus aliqui pro Catholica fide gloriose occubuerunt fere decies11 tamen plures eis omnibus ex sæculari Clero Martyres extiterunt Ex his ad unum pæne omnesgentis nostræ Religiosi , omnisque in gente nostra catholica Religio exorta est Ac nisi ipsi prostratum vexillum fidei erexissent , ac hæresum inundationem corporibus suis interclusissent nec Religiosi, nec Religionis Catholicæ vestigium aliquodhodierna die in Anglia remansisset Atque hæc dixerim non ut Religiosorum existimationemimminuam, a quibus pro tempore, ac numero suo egregie contra hæresim certatum esse ingenue fateor, sed ut vere intelligat tua Sanctitas quinam sint, qui hujus acerbissimæ per-

secutionispondus, et primo, ac præcipue, et hactenussustinuerunt, et adhuc sustinent adeoque quinam a tua Beatne in hoc certamine præ aliis fovendi, protegendi ac animandi sunt Est autem Bme Pr. legatio hæc quam pro ipsis obeo, prima quæ ex Anglia cum communi consensu Cleri, postquam hæresis illic dominari coepit ad hanc sanctam Sedem missa est. Est petitio, quam eorum nomine a tua Beat ne postulaturussum prima quam postquinquaginta annorum pro Dei ac hujus sanctæ Sedis honore toleratam persecutionem a benignissimo Patre filii amantissimi petierunt. Est petitio quam nulliuscum injuria, nostra maximacum utilitate, nullo sumptu tuo, imo nonnullo honore Deique gloria possis concedere . Est etiam petitio quam maxima ex partejampridem tua Sanctitas nobis concessit, precamurque ut donumtuum nobis conserves , judicium tuearis, sententiamque defendas. Est denique petitio ejusmodi ut ex illius concessione , vel negatione pendeat omnium nostrorum aut hæreticorum summa confusio, vel exultatio Si enim (quod avertat Deus) primam hanc petitionem nostram rejeceris, et nos in perpetuum animos despondebimus, et hæretici triumphabunt, nobisque exprobrabunt, nihili pensos esse ab hac sancta sede tot labores nostros , contempta pericula, neglectas mortes . Sin vero (quod omnino speramus ac certo nobis pollicemur ) votis nostris annueris ingemiscent hæretici hostestui, exultabunt sacerdotes filii tui depredicabit christianus Orbis paternam solicitudinem, atque apostolicam benignitatem , qua nobis jampridem tibi devinctissimis [sic, for nos . ... devinctissimos] adhuc magis magisque devinctos efficies.

Dixi .

Post repetita in fine pedum oscula et quædam de petitione sua magis in particulari, exhibuit ei hoc Memoriale Cum ad pacem constituendam inter D. Blacwellum tunc ArchipresbyterumAngliæ et quosdam Presbyteros Anglos sanctitum sit a fæl. record. Clemente PP . VIII per literas in forma Brevis datas die 5 Octobris 1602, ut idem D. Blacwellus non communicaret, auttractaret quicquam denegotiis ad regimen Anglicani Cleri spectantibus cum Patribus Societatis Jesu in Anglia vel extraexistentibusper literas, aut interpositampersonam aut alio quovis modo Cumque nunc in locum ejusdem D. Blacwelli D. Georgius Birchedus suffectus sit, dubitatioquenon parva orta sit num ipse ad observantiam dicti Brevis teneatur, quia ex una parte videtur sibi non obligatus , eo quod in literis constitutionis suæ nulla mentiosit supradicti Brevis. Exalia vero parte Presbyteri12 sui asserunt ipsum obligari, tum quia eadem est ratio obligandi ipsum et Prædecessoremsuum nimirum ne nova discordiae, et contentionis inter Presbyteros et Religiosos occasio præbeatur; utcunque igitur non teneatur lege videtur ratione legis teneri: tum quia ipsi Religiosi Societatis pro bono pacis et quietis inter Catholicos in Angliajudicarunt expedire ut ita fieret: tum etiamquia ita petunt Presbyteri Angliaequosunionis,et concordiae spiritu ductos Dei opt max gloriam et boni publici

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conservationem , ac propagationem sinceris animis desiderare præsens D. Archipresbyter testaur tum præterea quia S. D. N. speciali Brevi suo ad omnes Anglos dato ante institutionem hujus Archipresbyteri dictum Clementis Breve confirmavit, præcipiens omnibus Anglis illud ad literam, sine ulla expositione observare , inter quospræsens Archipresbytervidetur comprehensus:Denique quia si dictum breve observetur certa spes est concordiæ inter Presbyteros et Religiosos, sin minus timendumest neunquam pax coalescat.

Petit igiturhumilline D. Birchedus Archipresbyterut Sanctitas vestradeclarare dignetur quatenus ille vigore prædictiDecreti astrictus teneatur.

Responsumest tunc viva voce, et postea per literasIllmi Card. Bianchetti declaratum a sua Sancte quod Archipresbyter obligareturdicto brevi secundum explicationem jam factam et transmissam D. Blacwello per Illm Card Farnesium Angliae Protectorem exemplum literarum hoc est Georgio Blacwello Archipresbyteri Angliæ.

Admodum Rde Domine

Inter multa quae hisce temporibus summum Pontificem solicitant, et angunt ; ea præcipua cura illius animum vexat quod ad Catholicos Anglos præsuris sublevandos pertinet. Quare ne vobis adversus sævientesprocellas præsidia desint, quam majora potest remedia vobis undique comparat quæ lenationi non perexiguæpro Dominolaborantibusfore credendum est, si virtus vestra in infirmitatibus non defecerit. Inceptam ergo pugnam fortiter sustinete, non dormitabit enim neque dormiet qui custoditIsrael, et fides vestra quævincitmundumnonformidabit mundi pericula Ad id S.D.N. vos omnes his meis literis per viscera misericordiæ Dei nostri quam plurimum hortatos esse voluit: hoc præterita virtuti vestræ debitumest, id denique tota res Catholica a vobis summis præcibus postulat atque exposcit . Qui post tempestatem tranquillum facit, dabit coronam vitæillis qui in tentationeprobati fuerint. Etquodad D.V. attinet persuasumilli sit vestram authoritatem atque personam Summo Pontifici semper eo magis cordi fore quo majorapericula pro sancta Religione sustinebit. De meo vero studio nihil frustra sibi unquam pollicebitur

Voluit præterea Stas Sua me ejus nomine D.V. declarare clausulam illam Brevis Clementis Octavi fe record. ab ipsa Ste Sua confirmari, qua D.V. prohibetur communicatiocum Venerabilibus Patribus Societatis Jesu rerum ad officium pertinentium in eum sensumaccipiendam esse , ut liceatvobis cum ipsis Patribus omnia libere pro vestro auxilio et consolatione conferre, quæ ad Religionem ipsam Catholicam, ad Casus Conscientiæ et ad res spirituales pertinent: de gubernatione vero vestrorumsubditorum et de rebus politicis, vel status ut aiunt, D.V. licitum non erit quicquamcum ipsis Patribus impertiri, ne majorem in invidiam trahantur. His itaque literis Utramque Stis suae mentem vobis defero, ac D.V. hortor ut de ista Anglicana Causa persæpe scribat,

NARRATIVE OF DR SMITH'S AGENCY IN ROME 109

Id enim Sti suæ ac causæ utile erit, ut remedia temporibus accomodata indies hinc administrari valeant Deus Opt Max a D.V. cæterisque Catholicis Anglis in tribulatione nunquam discedat . Romæ 10 febr 1607.13

D. V. Uti frater Odoardus Card. Farnesius:

Post hujus Capituli concessionem et literas expeditas ad Rmum

ArchipresbyterumAngliæ per Illm Card. Bianchettumprocessum est ad illa quæ spectare videbantur ad Cleri nostri adjumentum in doctrina et simul exhibita sunt duo memorialia , primum pro erectione domus pro scriptoribus contra hæreticos et aliud pro sublatione aut saltem moderatione cujusdam Brevis Clementis VIII quo prohibenturAngli præsertim qui studueruntin Seminariis admitti ad gradum Doctoratus nisi quibusdam conditionibus observatis. Prius memoriale ita se habuit

Quoniam experientia constat maximum momentumtum ad tuendam, et augendam fidem in Anglia, tum ad Hæreticorum occludendum consisterein libris a catholicis Anglisscriptis, quos in Anglia ob librorum pænuriam, et frequentes Hæreticorum inquisitiones nec componere, nec imprimere nisi rarissime possunt, nec jam in catholica provincia locus ullus est ubi docti homines Angli in hunc finem aluntur:

Petit humillime ArchipresbyterAngliæ, ut Stas sua dignetur per Breve suum illi facultatem concedere erigendi in aliqua provincia Catholica domum in qua vel sex docti Sacerdotes ad hunc finem simul degant. Cui operi si Stas vestra quantulumcunque annuum stipendium veluti primum structuræ lapidem assignare voluerit quo et fides et Doctorumapudnos numerus augmentum capiat et blasphemantium hæreticorum ora obstruantur, vel confundantur, et illi qui illud inchoare polliciti sunt amplius animentur,etaliiad idjuvandumexcitentur: et excommunicationem latæ sententiæ denunciare in omnes illos qui illud quovis modo conabuntur impedire, et Deogratissimum , et Angliæ utilissimumopus faciet . 14

Secundum memoriale erat hujusmodi

Cum Doctoristitulus homines incitet ad studendum et Sacerdotum nostrorumcontra Hæreticos scriptisconcilietauthoritatem, et nonnunquam tum in Anglia tum extra viam aperiat victui comparando iis qui propter Christi fidem sua omnia amiserunt: Per breve autem quoddam Clementis PP . VIII conditumsuper promotione Sacerdotum Anglorum ad gradum Doctoratus, sed nondum ut fertur publicatum pene impossibile fiat Sacerdotibus Angliæ ad dictum gradum pervenire, dum per illud Breve prohibenturne nisi post quattuor e discessu suo a Seminariis annos Doctoris titulum capessant, quanto tempore ipsi in exilio viventes vix victum sibi comparare, nedum studere aut in literis proficere possunt. Præterea quia cum dictum Breve vult pendere promo- tionem Sacerdotum Angloruma judicio Rectorum Seminariorum , qui sunt Religiosi, videtur quodammodo subjicere Sacerdotes sæculares Religiosis, quod posteaidem Papa Clemens, et nuperrime

vestra Stas prohibuit. Adde quod revocat judicium de sufficientia eorum ad homines qui et longissime nonnunquam ab istis distant, vel nunquam ipsos noverunt (ut mutatis frequenter prout fit

Seminariorum Rectoribus necessum est evenire) vel præsentem eorum sufficientiam (cum a multis annis ipsos non viderint) ignorant . 15 Insuper indecens videtur ut totius Anglicani Cleri

Superior non possit sine consensu aliorum quempiam suorum

Sacerdotum commendare Academiis, ut si ipsis videantur idonei promoveantur . Demum quia Sacerdotibus Anglis ignominiæ nota inuri videtur, dum major in ipsis promovendis cautio habetur quam in promovendis cujuscunque alterius gentis Sacerdotibus: Petit igitur humillimeAngliæArchipresbyterut pro profectu literarum, pro bono pacis, et pro honore Cleri AnglicaniStas vestra liberumfaciat Sacerdotibus Angliæad Doctorisgradum promoveri si a Catholicis Academiis idonei judicentur vel saltem ut eorum promotio ab Archipresbyterisui judicio dependeat, qui prout cum

Assistentibus suis Ecclesiæ Anglicanæ expedire judicaverit ipsis dictum gradum capessendi licentiam concedat:16

Hæc memorialia relata sunt ad Congregationem Sacri Officii, proinde singulis Illmis Cardinalibus videbatur convenire utde toto negotio informarentur Sed prior petitio non videbatur requirere magnam instantiam solo verbo tenus explicuit illis Rdus Agens necessitatem et utilitatem maximam quæ inde sperabatur. In secunda videbatur major difficultas quare scripto exhibuit Illmis has rationes pro moderando vel mutando Brevi illo de promotione Sacerdotum Anglorumad gradum Doctoratus dato 19 September

An: 1597

10. Quia illud Breve nititur falsa informatione, 17 et tum in Catholicos Anglos, tum in alias nationes calumniosa nimirum quod apud Catholicos Anglos is irrepserit abusus quod juvenes nonnulli Anglicani Doctoratus gradum apud exteras nationes, nulla fere ætatis, morum, aut studiorum habita ratione precibus, seu precio quodammodo sibi comparent quod est a veritate alienissimum.

20. Quiadictum Breve mandat, utSacerdoteslicentiampetant a Rectoribus Seminariorum qui Religiosi sunt, videtur quodammodo subjicere Sacerdotesseculares Religiosis: quo etiam tendere videtur illud, quod in ipso Brevi dicti Rectores vocenturSuperiores Sacerdotum-etiam post discessum eorum ex Seminariis: Cujusmodi tamen subjectionem postea idem Papa Clemens, et nuperrime sua Stas vetuerunt . 18

30. Quia RectorSeminariorum a quo licentiaetiamin scriptis obtinendaest , nonnunquam distat longissime a Sacerdote promovendo, ita ut vix, aut ne vix quidem possit ad eum literas mittere, aut accipere. Ac præterea aliquando nunquam novitSacerdotem (ut mutatis frequenterprout fit Seminariorum Rectoribus necesse est evenire) vel præsentem ejus sufficientiam (cum a multis annis eum non viderit) ignorat . 19

40. Quia indecens videtur ut totius Anglicani CleriSuperior non posset sine Religiosorum consensu quempiam suorum commendareAcademiis, ut ab ipsis, si videaturidoneus,promoveatur:20

50. Quia dictum Breve exigit, post expletum ordinarium studiorumsuorum curriculum adhuc quatuor annos expectentad eorum studiapersolvenda quod Anglis peneimpossibilem Doctoris gradum reddit Cum in Anglia nec vivere, multo minus studere liceat ; extra vero in exilio vix victum sibi comparare nedum in literis proficere possint. Unde eveniet ut cum quidam ipsorum antehac honestam vitæ conditionem Doctoristitulo nacti fuerint, ea in posterum privandi sint Præterea cum nullus jam relictus sit locusubi doctihominesAngli alantur (dimissisetiam aSeminario Duaceno iis qui ibi docebant) si etiam via ad honores literarios illis obstruator, propediem fiet ut Clerus Anglicanus (in quo ab initio hujus persecutionis fuerunt nonnulli excellentis doctrinæ viriut IllmusCard . Alanus, SanderusStapletonus et alii) non modo sublato alimento, sed etiam honore intercluso nullum habiturus sit qui cum decore causamfidei scriptis contra Hæreticos tueatur Adeoque exitus hujus rei erit ignorantia, et dedecus Cleri, detrimentum fidei, et triumphus Hæreticorum qui etiam jam de paucitate scriptorum nostrorum gloriantur.21

60. Demum quia omnia prætensa incommoda melius evitari possunt si Sacerdotum promotio referatur ad judicium ArchipresbyteriAngliæ,quamad arbitrium Religiosi cujusquam. Nam cum sit ille eorum Superior , ac vel præsens ipsis, vel non multum distans, tum Angliæ necessitatem, tum Sacerdotum sufficientiam omnium optime maxime cum Assistentium suorum adjutorio nosse poterit . 22

Responsumhiserat per Illm Bianchettumprimoquoaddomum erigendam non fuisse unquam in usu apud Sedem Apostolicam approbationes tales per sua Brevia conferre prius quam jam initium cæpissent Suam vero Stem paratissimam esse quodvis subsidium scriptoribus catholicis contra Hæreticos conferre , ideoque si quispiam se ad scribendum applicaret velle Stem suam sumptus suppetere necessarios ad librorum hujusmodi impressionem

Ad aliud responsumest nihil esse causae cur Breve jam factum tollereturmaxime cum omnia incommoda remediis idoneis possent tolli: nempe si Religiosi nihil aliud agant quam in fine studiorum dare studiosis in illorum Collegiis attestationemtanto tempore studia sua in Theologia esse persecutos, et bene se in iisdem gessisse. Quoad alios si Rmus ArchipresbyterAngliæ quemquam judicaret idoneum ad talem gradum suscipiendum sufficere in literis suis hoc Illmo Protectoriinnotescere, qui statim ei licentiam concedet , ut promoveatur. Illmus Card Bianchettus hæc ut mentem Stissuæ tradiditdtoAgentiD. Rich. Smitheo in præsentia D. Thomæ Mori, et D. Thomæ Fitzherberti pbris Anglis [sic].

In tertia sua audientia occasionequarundam literarum suæ Sti tradendarumpetita et obtenta Rdus Agens Memoriale exhibuit de moderandis missionibus Sacerdotum in Angliam in quo comprehendit omnia reliquacapitula quæ proponenda habuit. Memoriale autem erat hujusmodi :28

Quam miseranda modo sit conditio sæcularium Sacerdotum in Anglia, quamque præsenti opeindigeat ex infra posito fragmento literarum Archipresbyteri nuperrime huc missarum Stas V. intelliget. Hujus tanti mali Causas præter externas ab hereticis ortas, internas aliquas a Catholicis quibusdam profectas si ita jubebit S. V. dicti ArchipresbyteriAgens coram exponere humiliter petit, et remedia quae ipsi videntur opportuna , et quae spiritualis vestra potestas non difficulter poterit exhibere, proponere. Deus B.V. id consilii suggerat, quod miseriaenostraesublevandae eritmaxime accomodum , et nobis eam quam diutissime servet incolumem .

Excerptum ex literis Archipresbyteri Angliae. Angustiae nostrae indies crescunt. Necessitasadigit homines ad desperatos conatus. Non possum ultra vires. Quicquid mihi ad manus venit in eos impendetur , sed spero me non alligatum iri ad impossibilia . Profecto modus aliquis ineundus est circa ingressum fratrumnostrorum, omnes ita expilantur, ut etiam illi qui triginta annos laboraveruntin Anglia nunc destituti clament ad me pro locis Residentiae. Lachrimabilis status. Profecto defectus alimenti erit ruina et perditio multorum ex fratribus nostris . Quamobrem rogo te ut cum omni modestia, urgeas illud punctumcirca tam frequentes missiones, (sacerdotum) in Angliam uti faciunt Si nullus modus iniri potest tunc deplorandus erit eorum status, qui se ipsos telis objicient: Adjunxit Rdus Agenset causas harumangustiarumetremedia opportuna , quae exhibuit et Sti suae et Illmis Cardinalibus Sacri Officii cui haec causa commissa erat Erant hujusmodi

1a . Prima causa miseriae secularium Sacerdotum in Anglia praeter externas ab hereticis profectas est frequens a quibusdam Catholicis iterata calumnia , qua etiam praecipui Sacerdotum , adeoque aliqui ex ipsis Assistentibus traducuntur de tractando directe, vel indirecte cum hereticis, et nonunquam sparguntur rumores quod tot vel tot Sacerdotes non nominato aliquo lapsi sint, et prodiderint res Catholicorum Hereticis . Hinc fit ut multi Catholici saeculares metuentes ne pro Sacerdote recipiant proditorem nolint recipere Sacerdotes nisi bene sibi notos Unde alii non ita noti patiuntur maximas angustias, fiunt inhabiles ad juvandam patriam, et coguntur vivere in publicishospitiis inter dissolutissimæ vitæ personas magno tum animæ tum corporis periculo, et denique totus Ordo Sacerdotalis grave detrimentum patitur:24

2º. Secunda causa est multitudo Sacerdotum respectu eorum Catholicorum qui ipsos et possunt et volunt in domibus suis alere . Quam causam satis explicat D. Archipresbyter in suis literis

3º. Tertia causa est, quod mittanturSacerdoteset ætate et aspectu valde juvenes ob quod aliqui Catholici alias pii recusant eis confessionemfacere, et aliqui ex Collegio Duaceno ita indocti, ut risui et triumpho fuerint Hæreticis Atque ab aliquot annis perpauci magnæ alicujus sufficientiæ in Angliam missi sunt.

Quibus malis nisi cito occurraturpaulatimtotus Ordo Sacerdotalis in Anglia veniet in contemptum , et fiet inutilis ad Patriam juvandam, et quae alia scandala inde orientur malo silere potius quam dicere .

1m .

Remedium pro primo malo esse poterit, si Stas vestra dignetur severe præcipere omnibus Anglis sive intra, sive extra Angliam , sive laicis, sive Ecclesiasticis, sæcularibusaut regularibus, ut si quando noverint Sacerdotem in Anglia aliquid castigatione dignum commisisse, aut ipsum privatim admoneant,sispem habeant eum indeemendandi, aut quam primum certiorem ea de re faciant Archipresbyterum aut si id commode non possint Assistentem proximumut ipsi de remedio provideant, nec nisi de eorum consensu factum Sacerdotis divulgentaliis. Sub poena vero amissionis ipso facto facultatum non nisi per Archipresbyterumrestituendarum et suspensionisa divinis, si sint Clerici regularesaut sæculares , et sub poena Excommunicationis latæ sententiæ allis-abstineant arumoribusincertis, vel de incertis personis, quibus innocentium Sacerdotum fama lædatur verbo vel scripto excitandis vel spargendis : atque etiam a vulgandis criminibus occultis certorum , præterquam iis quorum interest ea nosse Atque hac in re per Christum oro B.T. ut quam primum remedium aliquodponat.

2m . Remedium pro secundo malo esse potest Si Stas V statuere velit, ut nullus mittatur ex Anglia ad Seminaria , nec ex Seminariis in Angliam nisi ex notitia, et consensu Archipresbyteri, qui jam Angliam in duodecim circuitus juxta numerumsuorum Assistentium diviserit per illos exacte nosse poterit, quos in Anglia sint qui Sacerdotes et possunt et volunt alere, et quot Sacerdotibus alendis præsentes Catholici sufficiant Atque hunc modum prudenter observant Religiosi, qui nec plures in suum Ordinem admittunt inAnglia vel mittuntinAngliam,quam quibus commode providere possunt Quorum hac in re providentiam æquum est ut Sæcularium Sacerdotum Superior maxime in tam extrema eorum exigentia imitetur

3m Remedium pro tertiomalo videtur, ut detineaturjuvenes diutius in Collegiis præsertim ii qui præclarioris ingenii specimen præ se ferunt priusquamad tam grave certamen dimittantur , et sint prælectores sacræ Theologiæ in Collegio Duaceno, qui sicut olim faciebant legant materias idoneas pro captu uniuscujusque, ne, sicut post dimissionem Lectorumfactum est, mittantur ad scholas públicas ii qui nec terminos quibus magistri utuntur norunt:25

Ad hæc responsum est per Illm Card. BianchettumViceprotectorem Angliæ visum esse Sti suæ nihil omnino innovandum: Hoc modo expedita sunt quae tractanda habuit in Curia Rom. Rdus Agens sed occasione cujusdam gravis injuriæ sibi in particulari illatæ26 quæ tamen redundabat in totum Clerum Anglicanum graviter conquestus est et apud suam Stem et apud Illos Cardinales sacri Officii, illaque occasioneper Illm Cardinalem Bianchettum mandatum accepit excogitandi aliquem modum

convenientem perfectæ pacis et reconciliationis inter Religiosos

Societatis Jesu et Clerum Anglicanum Scripsit ergo in hunc modum et ad suam Sanctitatem et ad Illos Cardinales Sacri Officii

Sanctme et Beatme Pater

Illmi et Rmi Domini

27Magno me gaudio affecit mandatum , quo per Illm Card. Bianchettum Stas sua mihi praecipere dignata est, ut diligenter cogitarem de mediis quibus certa pax inter Clerum et quosdam ejusdem gentis ex Societate Jesu constituatur Inde enim in certam spem inducor Beatm suam serio in hujus controversiis cognitionem incubituram eamque non cute tenus , sed radicitus curaturam. Qua re ut nihil optabiliusClero potest accidere (quis enim non summe cuperet pacem cum fratribus, qui ita dire ab hostibus premitur) ita Stas sua28 vix quicquam gloriosus posset contingere, quamEcclesiaeAnglicanae faciem alias pulcherrimam, ejusque virtutum odorem alioquin suavissimam, ab hac labe purgare. In hujus autem rei cogitatione obsecro Stas sua haec ante oculos ponat Qui sint qui conqueruntur; et de quibus. Quando ceperunt conqueri, et ob quam causam .

Qui conqueritur Clerus est . Qui praeterquamquodtalissit ut quotidie pro fide de vita periclitetur is sit cujus opera Jesuitae primum in Angliam missi, et ad eam quam ibi habentexistimationem provecti, et huic suo Collegio de Urbe praefecti sunt, ut verisimile sit praesentis alienationis gravem aliquam causam exstitisse

Illi de quibus Clerus conqueritur sunt iidem de quibus alii ejusdem gentis Religiosi simili modo nuper conquesti sunt Tempus quo in Anglia conqueri cepit fuit Illmi Card . Alani obitum, quando tanto parente, ac patrono orbatus injuriis magnis expositus fuit.

1. Causae autem querimoniae Cleri hae praecipuae sunt. Quod post Alani obitum imminutum, et paene prorsus ereptum sibi sit jus mittendi Alumnos ad seminaria 29 Quod ejecti sint e Collegio Duaceno praelectores30 sui qui solebant esse Seminarium scriptorumet illustrium in Clero ob doctrinam hominum . 31 Quod interceptum sibi sit illud Collegium. Nam rejecto Sacerdote dignissimo, quem Alumni in præsidem elegerant opera P. Personii traditum est cuidam, qui est Jesuita in voto . 32 Nam et itaquidam jesuita fatetur, et ipse ante multos annos admitti petiit in Societatem, et modo profitetur se facturum quicquid P. Personius jusserit, ad cujus nutum Collegium regit, et Consiliariis et Coadjutoribus Jesuitis utitur³3 : iisque ante tres annos volebattradere Collegium cui regendoet eorum confessione , et multorumannorum experientia parum idoneus esse videtur. 34

4. queritur etiam quodopera quorundam Jesuitarumadditus ad dignitatessibi impeditior factus sit, et quod multi Sacerdotes ob metum ne Carcerem, aut Inquisitionis infamiam subeant (ut aliquibus contigit)

5. alicubi non audeant degere, vel Romam accedere . 35

6. Quod existimationi suæ domi forisque per varias calumnias multum detractum sit Quod agant quantum possunt inconsulto prorsus Clero in procurando [sic] illis Superioribus : quos etiam alligatos volebant, ut nihil graviorismomenti agerent nisi consulto Societatis in Anglia Superiore. Remedium horum omnium unum idque æquissimum est nimirum ut salvo Brevi a Clemente VIII de rebus nostrisanº 1602 edito, ejusque expositione nuper a sua Ste facta reliqua omnia in integrumprout erant Alani tempore quando pace inter nos fruebamur restituantur Ita ut neutrapars plus minusve juris, authoritatis, vel libertatis habeat inCollegioDuaceno, missionibus, accessu ad dignitates, vel ad Urbem, in procuratione , vel impeditione Superiorum Cleri, quam habebat Alani tempore, utquea calumniis abstineatur . Et quamquam forte aliqui dicturi sint jura Cleri post Illmi Alani mortem non esse minuta, licet id falsum sit,36 tamen ad pacem componendam nihil refert, cum si Clero prædicta jura sua decreto Stis suae vel restituantur, vel confirmentur , non habiturusis sit ob quod amplius conqueratur . Imo si pax, pietas, eruditiozelus convertendæ patriæmagis vigeantmodo,quamIllmi Alani tempore non recusat Clerus quin præsens rerum status retineatur, necprædicta jurasibi restituantur. Sin vero contrarium manifeste appareat reddaturilli obsecroStem suam is rerumstatus, per quem non solum pace, sed multis etiam aliis bonis fruebatur Dignus enim est qui tantillum, idque æquum, ac suum obtineat, cum et author ExpeditionisAnglicanæ fueritet in ea vigesiesplus sanguinis pro fidei, et sedis apostolicae defensione, quam Jesuitae profuderit. Idqueimmensi beneficii loco a sua Steaccipiet. Longiorem harum rerum narrationem huic chartae subjectae inserui , si sua Stas eam legere dignabitur. Deus Beatm suam quam diutissime nobis servet incolumem

Beatis suae humillimus servus

Richardus Smitheus.

Charta subjecta hæc erat . Quando et qua occasionecæperit discordia inter Clerum Angliae et quosdam ejusdem gentis ex Societate Jesu .

Constat sub initio institutionis Seminariorum anglicanorum sacerdotesAnglos adeo dilexisse Patres Societatis, ut enixe egerint ut ad collaborandum secum in Angliam mitterentur, et Collegio suo in Urbe præficerentur , tantamque existimationem de ipsis in Anglia excitarint ut (quod quidamJesuitascribit) nonnisi timide proferenda sit. Ac in Anglia quidem duravit inter eos concordia quamdiu beat mem Illmus Card Alanus vivebat Illo autem mortuo cum quidam Jesuitae Angli cuperent rerum omnium Anglicanum potestatem ad se trahere (quae una radix est hujus contentionis) curarunt ut unus eorum crearetur Præfectus (ut vocent) missionis Anglicanae . 87 cumque alia omnia Collegia sub se haberent , Duacenseetiam Collegium quodClerus et instituerat, et semper obtinuerat hoc pacto sub se redegerunt . 38 Nam mortuo

D. Baretto illius Collegii præside, effecerunt ut rejecto illo quem Alumni communibus suffragiis in Præsidem elegerant, aliisque Doctoribus expulsis, qui illic magno cum honore, ac commodo Collegii multis annis Theologiam docuerant, talis præficeretur , qui (ut Jesuita quidamfatetur) sit Jesuita (ut vocant) in voto, atque ut ipsemet profitetur, ita P. Personio addictus, ut quicquam ille jusserit exequi velit, quique ante tres annos Collegium illud Jesuitis obtulit. Atque huic homini, et Jesuitae Conciliarii dati sunt et nuperrime duo adjuncti, quorum unus fuit ante multos annos candidatus Societatis, et nunc est (ut creditur) ex jesuitisin voto . 39 Demum a Clemente VIII obtinuerant, ut nulli ex Clero nisi de ipsorum licentia liceret Doctorisgradum capescere . Atque hoc pactorerumomniumextra Angliam ad Clerum spectantium monopolium adepti sunt . 40

In Anglia etiam et generales Eleemosinarum distributionesin suas suorumque manus devenerunt,41 et jus omne mittendi Alumnos ad Seminaria omni fere ex parte Clero ereptumin eorum potestatem redactum est. Ac sacerdotesper calumnias factionum, ambitionis, animositatis , perfidiae cum hæreticis, et similium. ita domi, forisque denigrati (sunt), ut in Anglia eorum nomen (quod ipsum illic ob frequentia eorum martyria prius venerabile erat) modo vilescere incipiat. 42

Foris vero cum antea ubique acceptissimi fuerint, et multi eorum scriptis celeberrimi , ut Sanderus Stapletonus et alii, et aliqui dignitate florentes, nunc magna ex parte suspecti exteris redditi, omnique zelum, auteruditionemsuam ostendendi facultate privati, omnes ubique jaceant inopes, afflicti, neglecti . 48

Media ad tollendam prædictam discordiam .

1. In primis hic modus Jesuitis Anglis præscribatur. Ne se plus ingerant in rebus Cleri Anglicani, quam aliorum Ordinum ibidem Religiosi (quibus optime cum Clero convenit) vel ipsimet in rebus Cleri aliarum gentiumfaciunt, cum sint (ipsis fatentibus) in Clero Angliaeviri et eruditioneet pietate et rerum experientia illisnihilo inferiores, quibus curaeerunt sui Ordinis res Præsertim autem non se misceant in procurandis , aut impediendis superioribus, vel rescriptis Apostolicis ad Clerum spectantibus quandoquidem exhac occasionediscordia hæc primum erupit, et Brevium Apostolicorum reverentia in Anglia nonnihil imminuta est . "

2. Ut liceat Sacerdotibus, saltem Archipresbytero , ejusque Assistentibus, Alumnis ad Seminaria mittere, qui nullo prætextu rejiciantur vel certe nulli mittantur nisi ex communi consensu Archipresbyteriet Superioris Societatis in Anglia. Hoc enim modo nec Clerus putabit sibi prorsus ereptum jus mittendi ad Seminaria et ii duo (utpote utriusque Ordinis capita) cum sciant et Cleri in Anglia et Seminariorum extra Angliam conditionem non nisi tales missuri credendi sunt qui Patribus utiles erunt . 45

3. Ut major delectus habeaturin creandis Sacerdotibus , nec promoveantur(ut partim fit, partim nuper factumest) Histriones, et Nothi, ex Inquisitionis educti, ab ipsismet olim ob crimina

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ejecti et vilium ministeriorum homines, cum jam Anglia non paucitateSacerdotum (ut in initiis Seminariorum) sed multitudine potius respectu Catholicorum laboret, ejusque conversio non numero, sed bonitate Sacerdotum procuranda sit . 46

4. Ut D. Nortonus, et quidam Singletonus nuper inducti in Collegium Duacenum, sed professi adversarii actionum Archipresbyteri, et alter ut creditur Jesuita in voto, alter notoriuspercussor illustris Catholici amoveantur ne Collegium illud videatur Castrum Oppositionis contra Archipresbyterumet in eorum loca subrogentur homines æqui et pacifici. 47

5. Ut quamprimum ullus ex Clero voto aut promisso se alieni [sic] Religioni astrinxerit (cujusmodi homines Jesuitae in voto, Obedientes, aut Donati dici solent) certiorem ea de re faciat Archipresbyterum et statim cedat regimine si quod habet in Clerum, vel in Angliavel in Collegio Duaceno . 48 Expedit enim hoc plurimum, tum ut Archipresbytersciat quinam subsint qui non , tum quia hujusmodi homines dum sub Cleri nomine delitescant aptissimi et paratissimi sunt ad eundem impugnandam , idque Jesuitae nostri per eos efficiunt quod per se ipsos non poterant. Demum quia (ut nuper accidit) eorum lapsus Clero tribuitur, res bene gesta aliis

6. Ne Jesuitae Angli ullo modo per se vel per alios efficiant ne Catholici SacerdotesAngli ubicunque eis commodum fuerittuto degere possint, aut Romam accedere , neque eorum ad honores, aut dignitates accessum modo impediant . 49

7. Ut semper aliquis ex Clero in Romana Curia degat a quo suaStas derebus ad Clerum spectantibus informari possetutaudita utraque parte certius judicium proferat Ne locus sit (ut non ita pridem accidit) vel falsis rumoribus hinc inde spargendis, aut prætextui quod Brevia Apostolica subreptitia sint . 50

8. Sed omnium præcipue præcipiatur ut a calumniis abstineatur nec quisquam vel incertos rumores de certis, aut certos deincertisexcitet, aut spargat Sed si quid dignum animadversioneacciderit, ad delinquentis Superiorem deferatur, ut is deremedio provideat , nec nisi de consensu suo subditi sui crimen occultum publicetur, nisi forte (quod nunquam aut rarissime potestaccidere) præsens periculumalteri immineat Si quis vero Anglus intra aut extra Angliam secus fecerit, si laicus a sacramentorum participatione, si sacerdos Regularis vel sæcularisa facultatum suarum usu , et altaris ministerio ipso facto privetur, quousque parti laesae satisfecerit . 51

9. Ceterum ut omnium suavissimum, ita et efficacissimum pacis medium esse videtur, ut res nostrae ad eum statum quosub Illmo Card Alano erant (quando in Angliapace internos fruebamur) reducantur . 52 Cui restitutioni qui restiterint se discordiae authores facile arguent Habeant igitur Jesuitae nostri omnia colegia, omnemque in alumnos authoritatem quibustum gaudebant Sed nonoccupent Collegium Duacenum sub coloreJesuitarum invoto . 58 Non impediantlibertatemsacerdotum ubi libet degendi, vel Romam

NARRATIVE OF DR SMITH'S AGENCY IN ROME

accedendi, aut honores adipiscendi 54 Non attentent quicquam apud suam Stem aut Illmum Protectorem aut Viceprotectorem Angliae in procurandis , aut impediendis Cleri Superioribus in Anglia vel in Collegio Duaceno . 55 Habeat vicissim Clerus suum Collegium Duacenum, et Prælectores ibidem ut Illmi Card Alani tempore ; habeat jus suum mittendi alumnos ad Seminaria . 56 Gaudeat libertate vel honores adipiscendi, vel ubi commodum fuerit degendi, aut Romam accedendi, nec carceris, vel Inquisitionis periculo tereantur Denique retento Brevi Clemente VIII de rebus nostris edito ejusque expositione a S. D. N. facta omnia ad Illmi Card . Alani temporareducantur, et redibit eadem quae tunc vigebat, concordia . 57

10. Denique cum ii quiin hac controversia conqueruntursint sacerdotesiterum atque iterum videndum est quidsit quod petunt Nam si quod petunt jure ad Jesuitas spectat non audiantur sed perpetuum silentium illis indicatur. Sin vero tantum postulent ut prædicta jura sua quibus sub Illmo Card. Alano gaudebant, ac similibus omnis alius Clerus gaudet ipsis tecta serventur digni certe sunt qui tantillum idque suum obtineant, cum et authores gloriosae hujus expeditionis Anglicanae fuerint, et vigesies58 plus sanguinis in Anglia pro fidei et Sedis Apostolicae defensionequam Jesuitae profuderint, idque ipsi immensi beneficii loco accipient. Imo si Pax , eruditio, pietas, zelus convertendæ Patriae magis floreant nunc quam Illmi Alani tempore retineatur præsens rerum status, sin autem contrarium manifeste evenerit reddatur nobis (obsecro) is rerum status per quam non solum pace , sed multis etiam aliis bonis copiosius fruebamur .

1Whatwasthe original idea behind the mission to Rome , andwho were pressingfor it, can be seen from Birkhead's letter to Cardinal Del Buffalo , 20 April 1608 , before any decision had been taken in the matter After referring to thefew priests who remained contumacious as regards the Oath of Allegiance, he continues: " Alii porro sunt ex fratribus nostris, qui licet huic constitutioni (i.e. the institution of the Archpriest) adversari manifeste non audeant, tandem tamen omni ratione amovere desuderunt. Atque ideo mirum est quam vehementer cupiant episcopos, quorum auctoritate se velle acquiescere prae se ferunt, omnemquenostraemiserrimae Ecclesiae felicitatem in eo consistere putant, unde eos quos in hoc negotio tardiores conspiciunt, plane causamet ecclesiam nostram prodereaffirmant; mihi unus illorum nuper asseruit me nunquam illis gratum fieri posse nisi ipsis in hoc consentiam ut a sua Sanctitate hunc favorem consequamur "Etsane vereorquodquantumvis inhocnegotiosolus ego ipse a determinatione suae Sanctitatis dependeam, me nihil proficereposse nisi hac ratione gratiam inire coner, ideoque visum mihi est prudentius facturum me fore , si huic petitioni assentiam .

" Quodquidemsi a me ob pacem majoremqueinternos quietem peractum fuerit, non erit (uti spero) supremi nostri pastoris voluntati adeo repugnans, quin me excusatum habeat. Huic morbo remedium optimum existimarem esse , si ad curiam Romanamquidam ex ipsis advocarentur, tum ut ibi suas rationes proponant, tum etiam ut omnes suspiciones ac dubia removeri et explicari conspiciant" (West Arch . , VIII, n 55)

That it was the Appellants who were pressinghim is evident (cf. supra, Fitzherbert to the Pope, 27 July 1608, and Birkhead to Bennett, 3 October 1608, quoted in note 4 of that letter) It is also clear from the extant correspondence that not all secular priests agreed to his sending an agent as

a method of peacestill less to the articles proposed (cf. supra, Bavant to Birkhead, 26 November 1608; Birkhead toSmith, 3 October 1609, 5 January, 8 January and 3 April, 1610; to the Pope, 5 February 1609; More to Smith, 31 October 1609; West Arch , VIII, n 158, IX, nn. 2, 7, 31, and 14 , VIII, n. 169. Cf. also supra, Fitzherbert to Birkhead, 31 May and 27 July 1608). It is noticeable , too, that the signed memorials sent to Rome duringthis period never have the signaturesof all the Assistants, but onlythoseofthe Appellants (cf. those of 21 September 1609, 1 June and 9 June 1610, ibid, VIII, n. 153 , IX, nn. 40 and 41) Birkhead seems to have been quite aware of this fact (Birkhead to Smith, 3 October 1609, ibid., VIII, n 157)

2Thereis a copy of these Instructions of 9 February 1609 in the Westminster Archives, together with the commissiongiven to Dr. Smith (VIII, nn . 90 and 91). The Instructions were printed by Tierney (op. cit , v, p. lvi).

3 Cf. supra, Fitzherbert to Birkhead, 31 May 1608, note 5, and 23 May 1609, note 3

4 The " praelectiones " were never altogether abandoned (cf. infra, note 30) Smith, moreover, knew perfectly well that Worthington , Knatchbull and Singletonwerenow teaching at Douay (cf. Birkhead to Smith, 11November 1609 , West Arch, VIII, n 177, and supra, Fitzherbert to Birkhead , 31 October 1609, note 4)

5 This certainly does not seem to have been the practice in Allen's time

6Comparethisstatement with Smith's rather different elaboration, infra.

7Cf. supra, Fitzherbert to Birkhead, 27 June 1608, note 4, and infra, notes 15 to 18

8 Cf. supra, Fitzherbert to Birkhead, 11 October 1608 , note 1. Birkhead , in a letter to Smith, 22 March 1609, writes: " .... After your departure hence my ould frend there (i.e. Persons) by his letter enformed me that the highest had gotten notice of my dealing for peace, and liked the same verie well Which my said frend also promiseth to further as much as liethin him, and willeth me to send him word, yf any of his companiedo cross yt, and he will take order to have yt amended" (West Arch , VIII, n 96)

9 The holograph draft of this document is in the Westminster Archives (VIII,n 89). It is also printed in Tierney (op cit , v, p liii) Itwillbe noted that only four of the Assistants sign the document

10 All that the General signified was that there was nothing injurious to the Society in the articles. Cf. supra, Fitzherbert to Birkhead, 23 May 1609, note 3

vicies"(twenty

11 Laterin the document" decies " (ten times) becomes " times). Even the lower figure is an exaggeration According to thechronological list of martyrs published by C. A. Newdigate, S.J., there were 113 Secular priests, 21 Religious and 67 lay people martyred up to the middle of 1610. Of course Smithis speakingonly of those put to death sincethe beginning of Queen Elizabeth's reign. Under Henry VIII there were nine Secular Priests, including St. John Fisher, 30 Religious, and eight ofthelaity, who shed their blood for the Faith. Of three more it is not certain whether they were Secular Priests or Religious The correspondingfigures for the whole persecution period are 183, 83 and 89, not taking into account the "dilati" and the "praetermissi, " of which there are some 279. With these the final figures appear to be 216 Secular Priests, 167 Religious and 213 lay people.

12 Yet Birkhead himself in a letter to Cardinal Bianchetti of 6 December 1610, which expresslydeals with the clause ofClementVIII's Brief, disclosed the fact that those who in 1608 objected to his treating of his affairs with Persons and Fitzherbert, that is , who desired the clause to be still operative, were a minority party (West. Arch, IX, n 98).

18 Forthe occasion ofthis letterofCardinal,Farnese cf. supra, Fitzherbert to Birkhead, 31 May 1608, note 5.

14 Cf. supra, Fitzherbert to Birkhead, 27 June 1609, note 4. In the Westminster Archives there is a document giving reasons for thefoundation of such a college The document is undated, but presumably should be assigned to this period The reasons given are very mixed; not all by any means have reference to a college of writers

15 The usual procedurewould be for the student to continue his studies for another four years to obtain the doctorateimmediately after he had completed the ordinary course of theology The difficulty, such as Smith suggests, might , however, arise when the priest would desire to proceedto the doctorate some years after he had left the seminary. But this would be exceptional, asin the case , for instance, of a priest beingexiled from England afterworking there for some years, and the BriefexpresslygivestheProtector power to dispense in extraordinary cases This objection, however, was met in the endand this shows Rome'swillingnessto meetany real, not fanciful, difficultyby the concession that the Rector should give his testimony to the student's fitness for higher studies at the end of his seminary course (cf. supra, Fitzherbert to Birkhead, 27 June 1609, note 5)

16 There seems to be a good deal of exaggeration in Smith's presentation ofhis case The student ofthe Seminary, it must be remembered , took an oath to go to the English mission as soon as the Pope or any Superior of the College should so ordain This in itself would in the normal course give the Rector of the Seminary where the student had completed his studies some part in the decisionas to whether he should proceed to the doctorate The case of the student continuing his studies for the doctorate some years after he had left the Seminary was met by the concession already mentioned above . Theapprobation ofthe Rector was, infact, a testimony to thestudent's character and aptitude, and the Brief, indeed, suggested that he might seek information from the Rector of another seminary, should the student have done part of his studies there; but it was from the Protector himself that the student obtained permission to studyfor the doctorate In the Farnese correspondence , indeed, there are instances of Cardinal Farnese granting such permissionlong beforethe time of Smith's agency Fitzherbert had already informed Smith of the role of the Cardinal Protector; and one cannot help feeling that Smithwas somewhatdisingenuousin never once throughout his presentation of the case mentioning the Protector, and in arguing as ifit lay with the Rector of the Seminary alone to give permission (cf. supra, Fitzherbert to Birkhead, 27 June 1609, and note 5 ibid.).

17 The Brief was based on information receivedfrom Flanders (Bibl Vat Lat. 6227 ,f. 15v.). Further information may havebeen suppliedfrom England and by Persons himself from his own experience In reply to the accusation that the Jesuits made little of academical degrees, one of Fisher's charges in his Memorial of 1597 , Garnet writes: " De catholicorum gradibus optime sentimus , modo ii sine presumptioneet cum sufficienti doctrina suscipiantur. Alioquin dicimus id quod Illustrissimus Alanus olim scripsit ad Patrem RectoremCollegii Anglicani de quodam, cujus gradusfortasse haec objectio facta est; Non mihi placent isti doctores indocti , qui nequedocere sciunt , et discere erubescunt Sed nos gaudere profecto patimur illos suis titulis. Illi aliis secularibus presbyteris doctioribus atque antiquioribus dominari, atque eos extraetiam scholas praecedere nimis ambitiosequaerunt Sed hoc nihil ad nos" (Arch S.J. Rom Anglia, 30.11, ff 364-365v .) There occur to the mind at once the names of two who obtained the doctorate without further adequatestudyJ . Cecil and S. Norris

18 There was no more subjection in the Rector of the Seminary giving his approbation to the student so that he might obtain permissionfrom the Protector to proceed to the doctorate, than in the Rector deciding that a student should depart for the English mission Approbation in the normal course ofthings would naturallybe sought from the Rector of the Seminary where the student had completedhis studies , as he would know his character and ability. Certainly the Rector was in a far better position to judge than the Archpriest, who in the vast majorityof cases, after the priest had landed

in England, never or at the best rarely saw him again " Myne, " writes Birkhead, "are many and dispersed through England, so that I have no good means to understandthere estates, as the religioushaveof theres" (Birkhead toMore, 27April 1612. Cf. also Birkhead toMore, 9 May 1612 , West Arch , XI, nn 67 and 74) Smith, too, is in error when he states that the Rectorsare called superiores sacerdotum: throughout the Brief they are termed Rectors of the seminary or college, though so long as the priest student remained at the seminary the Rector would in fact be his superior But there is not the slightest suggestionin the Brief that the Rectors were superiorsof priests once theyhadleft the seminary. Itis anotherinstanceofSmith's disingenuous presentation of his case .

19 Cf. supra, note 15 .

20Cf. supra, note 16 The answer was that the Archpriest need only apply to the Protector on behalf of his candidate

21 Yet the fact remains, and facts are very stubborn things, that some did proceed tothe doctorate after the Briefhad been published, as theFarnese correspondence shows (cf. supra, Fitzherbert to Birkhead, 27 June 1609 , note 5) Though one can quite sympathise with and applaud the desire to have learned theologiansand controversialists among the Secular Clergy- and there were not wanting such in this period, as their published works show it must be remembered that Allen, Sanders, Stapleton and others were all mature men, already of position in the academic world , even in England, before they went into exile, and, what is more, that they alldid furtherstudy in exile before receiving the doctorate in theology (cf. Knox, Douay Diaries, pp 270 ff ) It certainly does not appearto have been Allen's practice to send young students to obtain the doctorate before proceeding to theEnglish mission: for one thing the need of priests in England wastoo great Now that the supply of priests was adequate , possibly even more than adequate, there was more reason for setting aside promising students for higher studies , especially as the older generation of learned theologians had passed away The foundation of the college of writers might wellhave been utilised in part for this purpose, but that does not appearto have been the case .

22Cf. supra, note 18

23There is an undated paper in the Westminster Archives, which, no doubt , shouldbe assigned to this period Itis entitled Rationes pro moderando ingressu Sacerdotum (IX, n 117) For Persons's viewson this point cf. supra, Fitzherbert to Birkhead, 27 June 1608, note 6

24 In a letter to Cardinal Del Buffalo of 21 June 1608, Birkhead assigns the real causes ofthe difficulty in providing for priests entering the country (West . Arch., VIII, n 63) One was the great increase in the number of secular priests in England These had now reached to nearly 500, according to his statement in a letterto the Pope of the same date (ibid , VIII, n . 64). Added to this was the fact that more priests fromthe ReligiousOrderswere now entering the mission field But the chief factor, the incidenceof which was all the more acutely felt by reason of the augmentedsupply of priests, was the pauperisation of the Catholic laity, a policy deliberately pursued by the English Government, and carried out to extremes not known under Queen Elizabeth (cf. also More to Smith, 2 and 15 October 1609; Birkhead to More, s.d., ibid. , IX, n . 78; VIII, n 164, and XII, n 233) In a letter of 2 May 1609 the Archpriest writes: " Yf any man be noted to distribute alms to prisonersand others, the enemyhathpresently an eye untohimand will at one tyme or other supplant him for his money This miserie stirreth up most wofullcries, all means being so cut off that no helpe can be procured for priests prisoners or poor Catholiques" (Birkhead to Smith, 2 May 1609 , ibid ., VIII, n. 102) A little later More writes: " These continual searches have driven such an impression of fear into manie houskeepers, that they Scantlie dare harbour anie Priest, and manie grow so politick that they so provide that one Priest shall serve fortie of them , which will grow to a further

NARRATIVE OF DR SMITH'S AGENCY IN ROME

inconvenience , if some order be not taken therein " (ibid., VIII, n 169). Nowhere in his letters does Birkhead mention or even hint at the cause which his Agent puts in the first place Smith's statement is, in fact, an echo from the Archpriest Controversy He is speakingfrom theAppellants' brief At that time , indeed, their books give evidence that they had lost theconfidence of the Catholic laity, a fact whichwas ascribedto the Jesuitsand the followers of the Archpriest ; but their conduct towards Blackwell and the notorious fact that they were treating with the Government accounts for the attitude of the lay Catholics. For a similar reason the laity had earlier shown great distrust of the two priests, J. Cecil and J. Fixer, which in like manner was ascribed to the Jesuits by their opponents . It was the secular priest, Standish, who in this instance, from his own personal knowledge, rebutted the charge and exposed the true cause why the Catholic laymen refusedtoreceivethem (Standish'spaperis in West. Arch . , V , n . 104). What Garnet did in the way of placing priests can be learnt from his letterto the General of 16 April 1596, in answer tothe calumniesthen beingbruited abroad in Rome and in England " As soon as priests arrive from theseminaries , " he writes, " we give them every help and encouragement : very many, as occasionoffers , we place in fixed abodes: and by our intervention it has come about that whereformerly they used to see a priest scarcelyonce in a year, andwould notadmit any fromthe seminaries , nowtheyhaveone permanently and when others come are most eager to welcome them " (Garnet to the General, 16 April 1596, Arch S.J. Rom Anglia, 31.1, ff 129-132). In the period, however, of Smith's agency Birkhead more than once bewails the number of false brethren, and this would naturally make the laityextremely cautious (e.g. Birkhead to Smith, 2 May 1609, West. Arch , VIII, n 102) Sofar, indeed , wasSmith's presentationof the case true, that when Birkhead found difficultyin placing priestson theirarrivalin the country, theyapplied to the Jesuits, who helpedthem to find residences This assistance , however, Birkhead appears to have viewed with ill favour , as " dividing the priests from him " (Birkhead to More, 13 December 1613, and to the same, s.d., West Arch .,XII, nn 222 and 233) One really cannot have it both ways.

25Cf. supra, Fitzherbert to Birkhead, 27 June 1609 , note 6 .

26Smithis here alluding to the fact that his book, An AnswertoThomas Bels Challeng, published at Douay in 1605 , had been referred to theInquisition Itis not possible to give a precise date ofthisevent, but it would appear to have occurred towards the end of 1609. Smith's undated letter to the Holy Office in connection with it mentions that his book had been written fiveyears ago, and in a replyto two letters of his of 28 Octoberand 5 December Birkhead seems to assign the news ofit to the latter letter (Birkhead to Smith, 18 January 1610 , West Arch , IX, n 7) Moreover, from Smith's account above it would seem to have occurred very recently and to have beentheoccasionof the letter to the Pope that follows, of which an extant copy is dated 12 January 1610 (ibid., IX,n. 5) How far Persons was respon- sible for the book being referred to the Inquisition is by no means clear. Itis truethatin a letterto the Archpriest of 15 September1609 he had issued a warning concerning his Agent He hath byn, " he writes, " over liberal in talkeheer to dyvers especiallyabout his opinion that it is notdefide quod papa ullam habeat authoritatem deponendi principes and he hathdefendedthe same before dyvers as alsotold how Mr Blackwell and he jarredabout that poynt, Mr Blackwell requyring that heshouldhaveheld the contrarieinthat book to wit that it was defide, but that he denyedto do it, as he saith, which heersoundethnotwell, andmoreoverI hearthatsome havenoted andwrytten hitherof that bookethat in the veryfirst chapter therofthe question being between Bel and hym of this matter and Bel bringing forth two several testimonies out of the secular preestes bookes (i.e. those of the Appellants) denyingflatly allauthoritie inthepope todepose etc heis said tohaveanswered nothing unto it at all which dissimulation seemethto some to be acertayne concession to which effect some also wryte that Blackwell (now holding unorthodox views) for his cause doth still alledgeamong other groundsthe authoritieof this book and of the writer and I hear say that ther is one in

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this cittie that affirmeth to have heard it from Mr Blackwels owne mouthe but the worst is that he is saidto have spokenit heer and defended it before dyvers .... I having heardthen of this and other poynts foundedprincipally uponhis own speeches I did confidently in our last conference in the sweetest manner I could devyse advertise him ether of all, or the cheefe poyntes hoping that he will use therofto his own commoditie, which I much desyer as well for hym as foryour sake in whos name all is taken to be donnewhatsoeverhe dothor saith" (MiltonHouseMSS .) Smith's opinion wascertainly contraryto that prevailing in Rome at that time, and the view that the Pope had no deposingpower was not held as probable (cf. letter to Britton, s.d., West. Arch ., XII, 246) Persons's letter seems to have been a friendly warning without hint of any action being taken against Smith Birkhead, in fact, though answering Persons rather curtly, tookthe hint andin a letter to his Agent warned him to be careful and to " defend no opinionsbut such as you easily see there will be very well taken, otherwise advantagewill be taken against you as you know how precise they be there " (Birkhead to Smith , 11 October, Tierney, op cit , v, p lxxxi) There is, however, a paper at Stonyhurst entitled " Censura Brevis de quibusdam quae hoc capite primo libri Doctoris Ricardi Smithei contra Belum hereticum continentur . " This is a draft mostly in Persons's hand, with cancellations and revised versions, and it repeats in greater detail the criticism already made in his letter to Birkhead (Stonyhurst, Anglia, VII, n 24) Whether this censura was ever exhibited to the Inquisition or drawn up at its request there is nothing to show But Smith evidentlythought that Persons was behind the delation of the book to the Holy Office (Birkhead to Smith, 18 January 1610, West Arch., IX, n. 7) Happily , apart from annoyance , the Agent suffered no ill consequences on account of it But whoever was responsible , this referring of Smith's book to the Inquisition may partly at least have been a riposte to an earlier attemptto get Persons into trouble in a similar way Before More left Rome, which was about late August or the beginningof September 1609 (More to Smith, Paris, 23 September 1609, West Arch , VIII, n 154), that erratic savant Alabaster, who was staying at the English College, urged on and helped by Smith and his companion, made charges against Persons to the Inquisition, accusing him among other things of complicityin the Powder Plot and referring also to the Cardinals of the Holy Officehis book , The Judgmentof a Catholic Englishman----An Apologie for the Oath of Allegiance, which was published anonymously in 1608 as a reply to James I's anonymous defence of the same oath (Reasons against the new Attack on Persons's book, Stonyhurst Coll P., f 484 ; and another document referring to the same matter, Arch S.J. Rom Anglia, 31.1, ff 228-232. Cf. also Sir HenryWotton to Salisbury, Venice, 13/23 April 1610, R.O., Venetian Corr. 99, n 29 The)charges were rejected by the Inquisition, and it may have been as a mark of confidencein Persons that the Assessor of the Holy Office , at the command of the Cardinals, sent him the work of William Barlow, the Bishop of Lincoln, An Answer to a Catholic Englishman, 1609, so that he might answer it if he deemed it necessary (Manollo Solinardi to Persons, 20 October 1609, Stonyhurst, Anglia, III, n 97, and Persons to Cardinal Borghese, 23 December 1609, Arch Vat Borghese, III, 191, i, f 120). The attackon Persons's book, however, did not end with this It was renewed , this time under the subterfuge that the work was anonymous, though it was well known that Persons was the author; and it was even continued after his death , much to the disgust of certain laymen in England, who made their sentiments known to Birkhead in no uncertain terms (cf.Reasons against the new Attack on Persons's book ut supra, and the document Arch. S.J. Rom Anglia, 31.1, ff 228-232; Birkhead to Smith, 5 January and 3 April 1610; to More, 12 and 16 November 1611 , 3 February, 20 May and 15 December 1612, West. Arch., IX. nn. 1 and 13 ; X, nn 146, 147; XI, nn 13, 84 and 229). Rome , it may be added, was too wise to pay heed to these fireworks

27Thereis a copy ofthis letterin Westminster Archives dated 12 January 1610 , withapassage deletedandanotherfrom" Quod ejecti " to" incolumem" inserted in Smith's hand (IX, n. 5).

NARRATIVE OF DR . SMITH'S AGENCY IN ROME

28 Latin requires Sanctitati Vestrae

29The reasonfor this is given in Cajetan's letter of 13 September 1599 , after the Visitation of the Seminary in that year conducted by Dr. Hall, J. Wright and T. Worthington , all secular priests, soon after thelatter had been appointed President Barrett, the previous President, had left a legacy of debt and the resources of the College were found altogether insufficient to provide for the number of students, still less to repay that debt already contracted, which the Cardinal insisted must be discharged lest greater " disadvantageshould daily arise therefrom " He advised , therefore, that those who were supported at the expense of the College should not exceed sixty, including professors and servant. After further recommendationsthe Cardinal continues: " Two or three points remain to be here answered in reply to your letter (i.e. of the visitors) First it seems to me altogether necessary that ordinarily none should be admitted there in future except those who coming from England are recommended by the Archpriest or by theSuperior of the Fathers of the SocietyofJesus Forthus fewerand more carefully chosen men will be sent to you and it will be easyfor other priests andtheFathers ofthe Society, whenthey havesome to send from the different parts of England, to consult with theirsuperiorsonthe subject beforesending them . " Afterbidding them tolet this be known as soon as possible in England, he adds , " And since there are only two Superiors they can more easily correspond with you and understand thesystem of the College thanifyou had to deal with any and everybody promiscuously" (Third Douay Diary, C.R.S. , x, 11-13. The original letter ofCajetan is in West Arch., VI, n . 9 Cf. also Persons, "Apologie, " f. 25v.). There are instances in the diaryof the College of students being recommendedby secular priests, some with the permissionof the Archpriest, others apparently not so From the same records it appears that the Archpriest, as was naturally to be expected , recommended far more students than did the Superior ofthe Jesuits

30 This statement is a repetition of number 7 of the Gravamina which appeartohavebeen presentedtothe Pope and theCardinalsbytheAppellants about 1604 (Arch S.J. Rom Anglia, 36.1, f 1 , ff ) They were incautious enough to name some of the men excluded from Douay, suchas Kellison , Britton and Weston The statement does not accord with the facts, as set down in the ThirdDouayDiary (C.R.S., vol x) Here are the entriesconcerning the point, after the writer has recordedthe names of the staff a month or two after Worthington was appointed President (14). On 21 September 1601 , Dr. Kellison, the Vice-President , left the Seminary of his own accord at the invitation of the Chancellor of Rheims, to teach theology in that University. He was accompaniedthere by Dr. Pitts to lecture on logic, and though Dr. Pitts was not on the staff of Douay he might, had Rheims not called him, have been available as a professorat the Seminary (34) On 20Octoberof the same year Dr. Redman, one ofthe " praelectores , " departed to teach theology in the house of the Canons Regular of St. Augustine near Bethune (36). In June, therefore, of the following year, Worthington , hard put to it to find professors , kept back Thomas Flint who had come from Rome to go to the mission But he had to retire on account of ill-health, though W. Burt supplied for him in some of the many offices he vacated . Meanwhile Dr. Richard Smith himself arrived from Spain and for some months taughtthe theologians; but despite the President's great desireto retain him , he left in January 1603 out of zeal for souls, as the diaryrecords, for the English mission (42 , 47) The following month Dr. E. Weston , who had lectured on theology for ten or eleven years, retired at his own express wish to Paris , to concernhimself with the editing of his works (47) In May, therefore, Worthington retained Stephen Barnes on his wayfrom Rome to England to teach theology in the Seminary (51) In 1604 there were further departuresDr Britton, who had been on the staff from the beginningof Worthington's régime, and W. Burt both leaving in May for the English mission (57). Despite this, by January 1605 the " praelectiones" and repetitions were in full swing again in all departments, J. Knatchbulltaking scholastictheology, T. Flint, recently returned from England, controversies ,

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and Stephen Barnes moral theology (64) Barnes , however , owing to ill health left for England in May, his place being supplied by Thomas York (68, 69) In August of the same year Knatchbull retired for health reasons , and York to go to the mission, leaving the President himself to presideat the theological disputations (70) T. Flint, too, left the staff for England in September. In June, however, of the following year, 1606, M. Freeman arrived to act as Prefect of Studiesand preside at the repetitions of theology, and J. Sharp, who had come from Spain, took over the course of moral theology (72, 73) J. Knatchbullreturned after a year's absence to resume work in August and relieve Freeman; and in October P. Woodward began to hold classes of Hebrew (75, 77) But in the February following (1607), Sharp, who had been lecturing on scripture as well as moral theology, was called away to England by urgent familyreasons, and next month Knatchbull, owing to ill health , had again to retire, this time to Brussels (77). Still, lecturescontinued Simon Pottinger, an exiled priest, began his course on the sacramentsin May, and in October Woodward lectured on controversies concerningthe Church, a subject on which he had made himself expert, G. Fisher at the same time taking over the classes in moral theology (78, 85). The year 1608 again witnessed the departure of several of the professors Freeman, who had been on the staff for two years and had presided at the theological disputations and sometimes also at those in philosophy, left in April to become a Jesuit; Simon Pottinger returned to the English mission, and in July Woodward retired to St. Omer's In the same month the mission called away J. Ainsworth, who had helpedfor a year in the theologicaldisputations (90, 91, 92, 93) Thesorelypressed Presidentwasaccordinglydelighted when, in October, Doctor Harrison, the future Archpriest, arrived from Rome, wherehe had been livingfor the past five years. He appears to have taught in the Seminary upto June of the following year, 1609 (94, 97) Soonafter Harrison's arrival , E. Williamson, having finishedhis course atRome , stayed till January to preside at the repetitions in theology, sharing thetask with Knaresbury, a priest who had come fromthe English mission to studyfor adegree in theology (94, 95) IntheMay following (1609) T. Sweet came from Spain to take charge of the younger theologians , and in September two classes of moral theology were begun, one conducted by Knaresbury and the other by S. Barnes, who had returned to the Seminary; but they were discontinuedin the November as there were no students to attend them (96, 99, 100) In the course of the same month the course of scholastictheology was taken over by W. Singleton, an exiled priest, who, apart from a short absence to receive the doctorate at Trèves, remained on the staff till 1620 At the same time J. Knatchbull returned once more to become Vice-President, a post which he retained for some years (99).

Such is the record up to the time of Dr. Smith's letter to the Pope. It would appear, however, from later information , that the students attended lecturesalsoat the Jesuit house ofstudiesin Douay Many ofthedepartures of the professors may possibly have been due to the hard conditions prevailing at the Seminary owing to its poverty The frequent reference to ill health would suggest that. Be that as it may, from this record it is clear that the " praelectores" were not dismissed as Smith asserts, that classes , disputations and repetitions still went on, though discontinued possibly for short periods owing to want of staff. Worthington, in fact, carried on in the midst of great difficulties and receivedlittle or no support fromthe very men who were ever ready to cast stones at him during this period. Smith's decisionto leave Douay in 1603 was, no doubt, as the Diary records, due to his zealous desire to work for souls in England; but with the Seminary in suchdire straits the wisdom of the decisionmay be doubted Certainly Allen in the circumstanceswould have decidedotherwise Nor, let it be frankly added, did Smith's zeal prevent him from staying in France, at the College of Arras and elsewhere, for fifteen or sixteen years, after his return from Rome in 1610. The attacks on Worthington on the part of the Appellants were undoubtedly inspired in great part by the fact that he was a friend of Persons , had sided strongly with Blackwell in their disputes with him , and had not hesitated to say so .

31 Cf. supra, note 21. The grammar of the sentence is faulty.

32The principle here is wrong Neither present students nor past alumni elect who is to be the head of a seminary Norhad it ever been so as regards Douay. Allen appointed Barrett to succeed him as President by Apostolic indult (Allen to Barrett, 31 October 1588, Knox, Allen, p 310). Smith's furtherstatement simply repeats thatofthe Appellants andmay becharitably supposed to be due to ignorance Certain it is that it will not square with theextantcontemporary documentsconcerningWorthington's appointment The Protector, Cardinal Cajetan, wrote to Douay, 1 July 1599: " Having read and considered those things which have been written about the matter bothby you and by various ofyourcountrymen and having heardthe views of Englishmenwho are here , we havedecidedtogrant your request totheuttermost and prefer before others those two whom you name in your letters , Doctors Worthington and Kellison, that one should be president and the other vicepresident for the space of three years, and we also confirm the assistants previously in office" (Douay Diaries, C.R.S. , x, 7 and 319) In his letters to Worthington , 29 June, andtoR.Hall andJ.Wright, 1 June 1599, theCardinal states that Worthingtonhad been the choice of almost all, and that the Douay people, presumablythe staff, hadnominated him imprimis acpraecipue inter alios (West Arch, VI, nn. 97 and 91).

33 There is no evidence, beyond Smith's reference to the statement of an anonymousJesuit, of Worthington asking to be receivedinto theSociety; and if he did so, his request must have been refused . Some sixteenyears or so later, when he was an old man of well over seventy and had worked on the English missionfor several years, he did petition to be admitted , and his petition was granted He died shortlyafter, in the sixth month of his noviceship (Foley, Records, ii, 108) At the back of Smith's statement is probably the fact that, unknown to Persons, Worthington made a vow of obedience to the Jesuit as he had done previously to Allen (Worthington to Persons, 10 January 1597 , Tierney, op cit , v, p iv) But to deducefrom thisthat hedid all things at Douay accordingto Persons's directionsis hardly warranted There is no evidence of such, nor even that Persons accepted thevow when it was intimated to him But there is evidence in the contrary direction. The dismissal, for instance, of the students who were sent away in 1607 , because they had the intention of becoming Benedictines, was certainly not done at Persons's direction On 23 June 1607 , in answer to Worthington's letter of 28 May, Persons writes: " That case you recount of those seven young men dismissed seemed to me no lesse lamentable then toyourself, who, yousay,couldnot putitintoexecutionwithouttears.Isuppose it was from some disorder, for to do it onely under the tytle and pretence that theyintended to be religious menis a thingno way justifyable especially seeing his Holiness hath declared that the Alumni of the Seminaries may lawfullygo into Religion, which Ithinkyou are notignorant of, andtherefore would notproceed therein, but in respect ofsome disorderbythem committed ofsolicitation of others, unquyetnessand disobedience " (Stonyhurst Coll P., f. 341). And thenegotiationsofWorthingtonwith Birkhead andthe Appellant party in 1609 can hardly be said to have been undertaken at the direction of Persons (cf. Birkhead to Smith, 3 October 1609, Birkhead's Instructions for dealing with Worthington , October 1609, West Arch, VIII, nn 158 and 170. CompareFitzherbert to Birkhead, 19 September1609 , and note 5 , ibid.; the same to the same 21 November 1609, supra)

34 It is strangethat Smithshould make sucha statement; for Birkhead , in a lettertohim of 18 August 1609that is, not a month or so previously- had written: " Doctor Harrison, a man of undoubted sincerity, told me not long ago that the President had said to him he would rather shed his blood thansuffer the College to fall into the hands of the Fathers of theSociety" (Birkhead to Smith, 18 August 1609, West Arch., VIII, n. 143). It would appear, therefore, that if anyone was pressingfor the Jesuits to takeover the Seminary, it was not Worthington Persons, in a letter to Birkhead with regard to a violent and ill-informed letter of Mush concerningDouay,

made it quite clear that the Jesuits in no way desired to have the charge ofthe Seminary, nor would theyacceptit (Persons to Birkhead, 16 September 1609 , Milton HouseMSS. Cf. supra, Fitzherbert to Birkhead, 19 September 1609, note 5).

35 Smith is here indirectly referring to the house-arrest of Bishop and Charnockin the English College in 1599, when they cameto Rome to make their objections against Blackwell and theinstitutionitselfofan Archpriest. The Pope, Clement VIII, highly displeased with the cause of their coming, would have had them imprisoned had not Persons , with the aid ofCardinal Cajetan, pleaded forthe milder course to avoid a public scandal and disgrace. Smith is , in fact, representing this house-arrest as debarring priests from journeying to Rome for fear of being imprisoned there But to this it may be answered that it did not prevent the four Appellants coming in 1601 , nor againCecilandChampneyin 1606. And ifthe Pilgrim BookoftheEnglish Hospice , Rome, and the third Douay Diary are consulted, it will be found that far more English priests came to the Eternal City during the years 1599-1610 than during the period 1588-1599 . It is strange, indeed, that Smith did not realise that suchwild and exaggerated , not to sayfalse, statements , far from advancing his case with the Pope and theCardinals, could only prejudice it

36 Apartfrom the ruling of the Holy See in the matter of the doctorate , the regulation as regardsthe sendingto Douay and the placing of an Archpriest as superior of the secular clergy in England, things were in the same position as under Allen. The first two measures, as has been explained, had good reasons for them (cf. supra, notes 17 and 29, also Fitzherbert to Birkhead, 27 June 1609, note 5) Nor, it may be added, was Allen accustomed to send his young men to study for the doctorate As for a superior being appointed, one reason for it was certainly to remove all occasion for the false report that the Jesuits pretended to any jurisdiction or desired to dominate over the secular clergy (cf. Cajetan's letter of 7 March 1598 , constituting Blackwell Archpriest, Tierney, op cit , iii, p cxix; The General oftheSociety to O. Manares , 7 March 1598 , Arch S.J. Rom Fland. -Belg.,I, 11) Atthe backofSmith's statement is the contention thatit was the Jesuits, and particularly Persons, who were responsible for an archpriest being appointed instead of a bishop Yet theevidenceis all to the contrary. The Jesuitswere, in fact, in favour of a bishop: Holt, in Flanders, had actually suggested the appointment of one for England in his Memorandum of 1596 , and in 1597 Garnet, in England, fully expected a bishop to be appointed (Knox, DouayDiaries, p 378; Garnetto Persons, 8 October 1597 ,Stonyhurst Coll P., f 548) In Rome , whenthequestionofa superiorwas beingconsidered , Persons himself put before the Cardinals of the Inquisition the scheme , receivedfrom England, for two bishops, the one to reside in Flanders, the other in England (cf. L. Hicks, S.J., Rome and the Counter-Reformation in England , " The Month, July-August 1942, p 315 , note 2, wherethechief authorities are given) After mature deliberation by the Pope and the Cardinals, the Holy See rejected the scheme and appointed an archpriest, as moresuitable in the conditions then prevailing in England This W. Bishop discovered whenin Romein 1599 in connectionwith the so-calledfirst appeal, and soinformed his fellow AppellantsinEngland. " Firsttouching Bishoppes , " he writes, "the matterhathbin alreadie (to use Cardinal Burghetius termes) most diligently discussed in the congregation and found not meet for the present estate of our contrey " (Bishop's letter from Rome, 20 February 1599, Law, Archpriest Controversy, i, 124) Neither Persons nor other Jesuits were responsiblefor the institution of an archpriest As for the choice of Blackwell, however he failed later as regards the Oath of Allegiance, he was at the time one of the most outstanding priests in England andthe virtual leader of the secular clergy in Lancashire (cf. the verylong report made to the Earl of Derby by the apostate Bel, Stonyhurst Coll. B. Cf. also the testimony of J. Wright, dean ofCourtrai, in his letter to Cajetan, 11 November 1598, Law, op cit , i, 135) Nor must it be overlooked that the Pope himself declared that Blackwell had been chosen multorumrelations

et fama probitatis et prudentiae (Brief of 17 August 1601, Tierney, op . cit, iii, p cxlix). That his appointment was welcomed in England, save by a very few, the contemporary evidence leaves no doubt (cf. L. Hicks, S.J. , " Romeand the Counter-Reformation in England, " The Month, July-August 1942, p 316, n 3. Cf. also Bavant to Birkhead, 26 November 1608,ut supra) That Blackwell was largely supported by the secular priests in England W. Bishop himself discovered when in Rome in 1599. Concerning our Archipresbiter, " he writes, " he hath so plentiful approbation out of our contry,suchhigh commendacons out ofall coastes abroad, soe mightysupport in this place, that it had bin but meere follie for us meane men sent but from a fewe to have opposed our selfs agaynst hym" (Bishop's letterof20 February 1599 , ut supra) Blackwell, it is true, had not been elected by the priests of England, as the Appellants thought to be the right ofthesecular clergy to do (Mush to Mgr. Morra, 27 May 1598, Stonyhurst, Anglia, II, n 36; Colleton to Garnet, February 1599, in his Just Defence, pp 251 , 252 , 257 and 272. Cf. also Charnock to Bishop, Watson's " Thirty Reasons and Puncta Principalia ofthe two deputiesat Romein 1599 , " Law, op cit , i, 71 , 91 and 127; and R. Hall to the Protector, 4 January 1602, in theScriptum Secundum , Naples Bibl Brancacciana , Sig III, B. 3) But again Bishop, when in Rome, found that the principle of election did not applyto a missionary countrysuch as England "As for that point of free election, " he informed his fellowAppellants, "ithath place wherethereis deane andchapter which faylinge with us the right of election resolveth unto hym that hath charge of the flocke" (Bishop's letter of 20 February 1599 , ut supra). Nor , it may be added, did the Holy See countenancethe principle later when bishops were appointed; the choice was made by Rome, bothin the caseof W. Bishop in 1623 and of Smith in 1625. Yet despite this information , given by one of their own party from Rome , the Appellants in their later writingsand books continued to represent the Institution of an archpriest, and thechoice of Blackwell, as due entirelyto the Jesuits and in particular to Persons; nor did they desist from urging the principle of electionwith what honesty and sincerity let the reader judge It is this same attitude that lies at the back of Smith's statements in this letter Certainly, it was not likely to have any effect, as the event proved, with the Pope and the Cardinals, who knew the relevant facts. His phrase, " accessus ad dignitates, " can only refer to the post of Assistant to the Archpriest and such-like in the case of which thesame prin- ciple of election was invoked (cf. Colleton to Garnet, February 1599 , in his Just Defence , p. 258). But whatever disappointment the Appellants may have felt in not being chosen for that office -and it must be remembered that the number of the Appellants was very smallthat had all been remedied by the Brief of5 October 1602; and in point of fact at the time ofSmith's letter the majority of the Assistants belonged to the Appellant party, owing to Birkhead's policyofappointing them fromthe Appellants, a policy which didnotreceivethe approval of Bavant (cf. Bavant to Birkhead, 26November 1608, supra). As regardsthe moderatingofthe missions to England, certainly that had notbeen the practicein Allen's time Finally, his remarksabout calumniation may possibly have drawn a smile from the Pope and the Cardinalswiththeir knowledge of the deluge of defamation of the Jesuits continued over years bythe supportersofthe Appellants bothin theirletters and in theirpublished books, which had been delivered to the Inquisitionin 1602 , and in some of which calumny and defamation extend to really astonishing lengths 37The rosy picture of the past during Allen's lifetime is, unfortunately , in some respects contradicted by the contemporary documents Douay, for instance , was always struggling for survival owing to persistentfinancial difficulties, which the Jesuits generously co-operated with Allen to overcome (cf. L. Hicks, S.J., Father Persons, S.J. , and The Seminaries in Spain, ' The Month, March 1931, pp 194 ff ) But, apart from this, there wasfrom 1583 onwards on the part of a group of Catholics continued opposition to Allen , to whom Persons was bound by the closest ties of friendship (cf.

NARRATIVE OF DR SMITH'S AGENCY IN ROME 129

L. Hicks, S.J. , "Cardinal Allen and The Society, " The Month, October to December 1932). This group endeavouredto prevent him being made a cardinal and to have their rival candidate promoted: and after Allen had been raised to the purple they still continued to traduce him and have Owen Lewis promoted to that dignity as a counterpoiseto Allen's influence Not unconnectedwith this opposition was the Briefof GregoryXIV, 18 September 1591 , by which he appointed Allen Prefect of the English Mission and ordered English priests and other English Catholics in virtute sanctae obedientiae toobeyhim (Knox , Allen, p 335) Thesubject, indeed, has received little attention on the part of our historians, though they do occasionally notice it in a slightand superficial way The documentation, it may beadded , is quite extensive. The further statement ofSmiththat a Jesuit had been created Prefect of the English Mission is quite beside the point In April 1598 , for regulating the relations betweenthe English Jesuits, who had care of the seminaries in Flanders and Spain, and the Provincials and Rectors in thoseprovinces oftheSociety, the General had issued a documententitled Officium et Regulae Praefecti missionum in Seminariis quae in Hispaniis et Belgio Societatis regimini subsunt (Brussels, Arch Roy, Arch. Jes , Fland.Belg., n. 1085). Afterthe efficacyofthese rules had been testedbysome years' experiencea revision of them was issued in May 1606: Officium et Regulae, etc. (Brussels, Arch Roy. , ibid) The document was concernedsolely with the government of the English Jesuits whether on the mission or on the continent. It instituted a Prefect in Rome, to whom the Jesuit Superior in England and the Vice-Prefects in Flanders and Spain were to be subject whilst regulating at the same time theirrelations with the BelgianandSpanish superiors in their respective provinces. It had nothing whatever to dowith the mission ofthe secularclergy in England or with the seminary of Douay. It was , in fact, disingenuousof Smithto bringthis into his argument; and it may be taken as a sign of the weakness of his case, when to bolster it up he brings in such an utterly irrelevant factor From a controversial pointof view , moreover , it was an unwise procedure , for the authorities in Rome were quite conversant with the facts and their relevance.

88 Cf. supra, notes 29, 30, 32 and 35

39 Knatchbull, to whom Smithis referring, was not a secret Jesuit After his retirement from Douay in 1616 , and his continuing to reside for another two years in the English convent at Brussels , he did at length enter the Societyin 1618. This " Jesuit in voto " became a real bogeyfortheAppellants and their supporters. The phrase reallycame to mean a secularpriest who did not see eye to eye with them, but was friendlywith and supported the Jesuits. "Such is the indiscreet affection, " wrote Birkhead, "of soondry ofmy brethren towards thereligious that I am put to much trouble thereby (Birkhead to More, 25 March 1613; cf. also Birkhead to Smith, 3 April 1610, West. Arch , XII, n. 60 , and IX, n. 31). It was these secularpriests, whether in England or abroad, that the party aimed at excluding from all participation in the affairs of the secularclergy In a memorial to the HolyOfficeof 5 February 1610, the majority of the Assistantsnote the phrasewrote: "Ac prohibendo sane Archipresbyterum ne cun venerabilibus illis Patribus de nostro regimine ageret, rivulum quidem omnium discordiarum felicitera nobis divertistis , sed tamen ipsam malorum internorum primam originem penitus intactam, et perenni perniciosoque precipitio irruentem reliquistis, dum parilege acpaenis, non prohibueritis dictos Patres et eorum socios Presbiteros seculares qui extra vel intra Angliam victitant, ne se in regimine Cleri misceant : nam cum se ab omni interdicto liberosputant, negotia nostraquaecumque, tum domi quam foris, impune pro libitu tractare " (West Arch , IX , n 11. Nonames areappendedas signingthe document Cf. also Memorial offive Assistantsall Appellantsto the Protector, 9 June 1610 , and More to Smith, 2 October 1610 , vere 1609, ibid , IX, nn 41 and 78) Rome took no notice of such extravagance, as it had similarlyrefusedto do so when a similar request was made by the Appellant deputies in 1602 (cf. Law , Archpriest Controversy, ii, 119 and 125).

NARRATIVE OF DR. SMITH'S AGENCY IN ROME

40The Popewas already very well acquaintedwith this accusationagainst the Jesuits. As Cardinal Borghese and Vice-Protector, he had heard it more than once . In 1596 it was one of the charges brought against the Jesuits by the unruly students of the English College, Rome (cf. Cowling, S.J. , to Persons, Rome , 13 February 1596, with the enclosures West Arch , V, n. 38 , and Sega's report of his visitation of the College, Foley, Records, vi, 19, 20 , 33, 35 and 50). As the Jesuitsin Englandwere thusattacked froma distancethough the same sort of calumnies had begun to be spread abroad there in 1595 by a few, particularlythe minority party at WisbeachGarnet took up the defence ofhis brethren,rebutting the accusations madeagainst them , in two long letters to the Generalof 16 April and 10 December 1596 (Arch S.J. Rom. Anglia, 31.1, ff. 129-140 Cf. also The General to Garnet , 14 September 1596, ibid, Fland -Belg. , 1.11 , f 623) DoubtlessAquaviva communicated the contents to the authorities in Rome in defence of his subjects. Threesecularpriests also lent theiraid Blackwell, notyet Archpriest, wrote to the Protector in refutation of the charge (Blackwell to the Protector, 10 January 1596, Stonyhurst, Anglia, IX, n 49. This volume is now in the Westminster Archives by exchange) From London, L. Hughes, a former chaplain to Cardinal Allen, also wrote rebutting the accusation, andStandish, who had come from England to Rome in December1596, showed from his own personal knowledge that particular instances alleged by the students were false. At the same time Sylvester Norris, one of the unruly students latelyarrived in England, informed his fellowstudents of the English College that the Jesuits behaved quite contrary to the reports received in Rome and did all they could to help priests arrivingfromthe College (West Arch , V , nn 98 and 104, and VI, n . 11. Hughes'sletteris dated 3 December1596). The accusation, again, formed part of the calumniesagainst the Society in theletters from FlandersofW. Gifford, whichin 1596 and 1597 hesentsecretly to Rome to one or two of the unquiet students to encourage them in their strife against the Fathers, and from which Memorials were composed to be shown to the Pope and Cardinal Toletus (cf. West Arch , V , nn. 62 , 64 , 71 , 83 , 84 and 93; and VI, nn 15 and 16) It was the chief item in the Memorial which he and Paget by means of the Nuncio sent to the Popein September 1597 (cf. N. Bonnard, S.J., to Persons, 27 September1597, ibid., VI, n. 59). Steps, indeed, had finally to be taken to put an end to this defamation by Gifford ; and with the authority of the Protector, Cardinal Cajetan, and the full approval of the Generalof the Society, Persons sent a list ofthesecalumnies taken from the letters, together withattested copies of the letters themselves , to Frangipani, the Nuncio in Flanders, to bring Gifford to book on account of them (West Arch , V , n . 78, and Law, Archpriest Controversy, i, 7; The Generalto the Nuncio, 17 January 1598; to O. Manares , S.J., who was beingdeceivedby Gifford, as the Generaleventually told him,4 January, 7 March, 29 April 1598 , and 12 June 1599, all which letters are extantinthe Arch S.J. Rom Fland -Belg, 1.11: the last, however, is ibid in Gall 44 Persons to the Nuncio, 17 January and 27 June 1598 , Stonyhurst Coll P. , f. 361 , and Anglia, II, n 38; the Nuncio to Cajetan, 18 April, 16 May and 23 September 1598; to the General, 26 March and 16 May 1598; to Persons , 24 February, 18 April and 16 May 1598; to Gifford, 21 April 1598all which letters are extant in Naples, Bibl Naz., XII, B. 15 and 16). Gifford endeavouredtoavoid the issue by denyingthat the letters were his (Responsum R. D. G. Giffordi Mense Aprili 1598 with Persons's comments, West. Arch ., VI, n . 57; Gifford to W. Crichton, S.J., 9 May 1598 , Arch S.J. Rom Fland.Belg., 1.11; Persons to theNuncio, 21 June 1598, ibid, Anglia, 38.11 , f. 112). But eventually he was brought to acknowledge them, and in the presence of the Nuncio begged pardon on his knees from Father W. Baldwin, S.J. , which was all the satisfaction that the Society demanded of him , though atonetimetheaffair threatened to become a regularjudicial process (Nuncio to Cajetan, 26 September 1598; to Persons, 26 September1598, in which he describes thefinalissue as alreadyrelated, Naples, Bibl Naz , XII, B. 16) The same accusation reappearedin Fisher's Memorial sent to .he Pope in the nameoftheclergy of England in September1597, which Garnet formally answered and against which nearly two hundred secularpriests in England

NARRATIVE OF DR. SMITH'S AGENCY IN ROME 131

gave their testimony in favourof the Jesuits (Garnet's answer is in Arch . S.J. Rom. Anglia, 30.11, ff 364-365v Cf. also his letters to the General , 7 and 14 May 1597 , Stonyhurst, Anglia, II, nn 27 and 28 , and Bavant to Birkhead , 26 November 1608 , ut supra, and note 11 ibid.). It was also one ofthepoints of Paget's accusations against the Society which he delivered to the English Governmentin 1597, and of which a copy was sent by a Catholic gentleman to Persons in Rome, who communicatedthe whole business to the Protector, Cardinal Cajetan (cf. supra, Bavant to Persons, 28 March 1610, note 12 , and Persons to Cajetan, 22 August 1598 , with enclosures, Arch Vat Nunz. Diverse, 264, ff. 229-240). In spite of its frequent rebuttal , it was brought forward again in a modified form in the complaints of 1606 , no doubt connected with the visit to Rome of the Appellants J. Cecil and A. Champney (Querelae et Responsiones, Arch S.J. Rom Anglia, 36.11, ff 296-299)

Nor is Smith's statement true, however effective in controversy, that the trouble beganafter Allen's death. The strife and contention had already begun in his lifetime The Cardinal, indeed, sent a warning letter to Mush on the subject, just as he urged the students leaving the English College for themission to keep peace with the Jesuits" (Allen to Mush, 16 March 1594; Thomas Audley to C. Bagshaw, 26 June 1595, Knox, Allen, pp. 356 and 378) In Flanders the same strife had manifested itself years before Allen's death in the attacks on Father W. Holt, S.J., which Persons rightly diagnosed as a general attackon the English Jesuits , as latereventsproved Allen himself, in fact, wrote in defence of Holt on 9 April 1594 and warned SecretaryIbarra notto trust Holt'sprincipal opponent, C. Paget, with whom Gifford was intimately associated (Allen's letter is referred to by C. Grene , S.J. , Stonyhurst Coll M., f 130; Archduke Ernest to PhilipII, 20 December 1594, Simancas , Estado, 608, f 105. Cf. also Arch S.J. Rom Anglia, 38.11 , f 118v ) The strife in all three places, Flanders, Rome and England, was intimatelyconnectedand its roots are to be sought in the 1580's.

The Pope, who was well acquainted with most of the abovefacts , was not likelyto pay much heed to Smith's charges They were verymuch" vieux jeu. " (J. H. Pollen, S.J., refutes the chargefrom a particular anglein "The Rise of the Anglo-Benedictine Congregation , " The Month, December 1897.)

41 This statement is entirely false. The Jesuits were neither thecollectors nor the distributors ofthe commonalms From the beginningofthemission to England they had refused to be associated with that business In fact these functions were performed by laymen, as it was consideredtoo dangerous for the priests, nor had theyleisure for it Great secrecy had to be observed lest the Government came to know who were the contributors, for it was a penal offence to relieve a priest (Standish's account given in Rome in 1597, West Arch , V , n 104. Garnet's answer to Fisher's Memorial, Arch. S.J. Rom Anglia, 30.11 ,ff 364-365v.; Garnet to Persons , 18 March 1598 , Stonyhurst Coll. P., f. 597; Responsiones ad Considerationesetc., Law, Archpriest Controversy, ii, 124 ff ) This accusation, too, the Pope and the Cardinals had heard already many times before, as well as its denial and refutation . It was brought forward by the unruly students of the English College in 1595 and 1596 (Sega's report of his visitation , Foley, Records, vi, 20). It formed part of Fisher's Memorial and the calumnies of Gifford (see supra, note 40). Charles Paget gave it a particular twist in his Memorial against the Jesuits delivered to the English Government (ibid.). The same accusation was againurgedby the Appellants wheninRomein 1602 (cf. Responsum ad Gravamina, Arch S.J. Rom Anglia, 36.1, ff 206-235, n. 41, and Law , op cit , ii, 120, 124-127) In the True Relation, one of the Appellant books of the same year, the same complaint was made against the Jesuit Weston when imprisoned at Wisbeach (cf. the refutationof the false statements of Bagshawinthis bookbythe secularpriest Archer, a fellow-prisonerofWeston , Arch. S.J. Rom Anglia, 38.11 , ff. 187-190 ,andE. Weston, S.J., to O. Manares , S.J. , 27 March 1598, Stonyhurst, Anglia, II, n. 34). Bagshaw and Cecil repeated the charge in the articles drawn in Paris in 1605 ("Annotationes Quaedamcirca Capitulationes Doctorum Parisiensium, " 29 May 1605 , R.O. Transcripts 9 , bundle 113. Cf. also The General to the Nuncio in Paris , 5 August 1605 , and the Nuncio's reply, 22 September 1605, ibid.). And in

thefollowing year, when the latter was in Rome with A. Champney, it was once morebrought forward (Querelae et Responsiones, 1606, Arch. S.J. Rom Anglia, 36.11 , f 296 ff.). Yet on all these occasions not an atom of proof was ever furnished by thesemen to substantiate their accusation A few years later, Birkhead, faced with the difficulty of providing for his priests, complained, indeed, ofthesmallamount in the wayofalms thatreachedhimblamed the distributors, friends of the Jesuits, and suspected that the latter were directing them (Birkhead to Smith, 9 October 1609; to More, 1 August 1611, West. Arch, VIII, n 160, andX, n 96) Eventually, however, though he still bewailedthe small sumin alms that came to him, he exoneratedeven the distributors . "I find no fault," he writes, " with those that have the commonalms, for they are honestand distributethe alms better than myself can do (Birkhead to More, s.d., West Arch , XII, n 233). "

Whatever money theJesuits had in England, and whatever wasreceived bythem in the way of almsand this, as Garnet avers, did not amount to muchwas expendedin helping the cause. Priests entering the countryhad to be supported for a time until theywere able to proceed to their relations or be otherwise placed. In the tenyears he had been on the mission, Garnet relates in 1596, there was scarcely one whom he had not helped in this way. True, there was a fund assignedtriennially for this, but, as he somewhat sadly remarks, Catholics had become rather neglectful of their pledge, and the whole burden had fallen upon him (Garnet to the General , 16 April 1596, Arch S.J. Rom Anglia, 31.1, ff 129-134 ; Garnet's Answer to Fisher's Memorial, ut supra; Garnet to Persons , 18 March and 9 September 1598, Stonyhurst Coll P. , f. 597 , and Arch S.J. Rom Anglia, 38.11 , f 182. Supporting evidencefor Garnet's activities in this respectis found in Blackwell's letterof 10 January 1596, Stonyhurst, Anglia, IX, n . 49nowatWestminster; theletterfromLondon of L. Hughes , a former chaplain to Allen, 3 December 1596; Standish's statement, 1597 , and the letter from England of S. Norris, one of the unruly, to the students of the English College, 29 January 1597 , West Arch., V, nn 98 and 104, and VI, n 11). In fact, in this way , forthe alms received did not cover expenses, he had exhausted the patrimonies of some of the fathers, which the General had assigned to the Jesuit mission (Garnet's letterof 16 April 1596, his Answer to Fisher'sMemorial, and Blackwell's letterof 10 January 1596, ut supra). Priests,too, had to be maintained in the more needy stations Garnet's house , moreover, was ever open to priests and others who came for consultation or for a few days' rest , or , driven from their homes by the persecutionand having lost all their effects , had to be refurnished with all that was necessary (Garnet's letterof 16 April, and Blackwell's of 10 January, ut supra) There was a further considerable outlayin the press which hehad set up andfromwhichhehadspreadthroughout the country catechisms and books of devotion Recently it had been seized with a large store of books, and had to be replaced. Meanwhile he had the printer'sfamily on his hands to be supported (ibid ). Many, moreover, of the laymen who assisted them, had to be maintained with daily expenditure One such, who later joined the Society and was subsequently martyred, a man of outstanding loyalty and skill, had wanderedover the greatest part of the realm , and without charge had constructed hiding places for priests and others (ibid ) Other laymen accompaniedthe Jesuits and other priests on their journeys, and acted as messengers when times were too dangerousfor priests to go abroad Others again attended to the overseas business , which , because of the many houses of the Society on the Continent, could be donemoresecurelyand with less expense thanby others . These sent and received lettersand Birkhead later found this no small expense , nor unattended with difficulty; they also got students to theseminaries, who often had to be supported until passage was found for them; or conductedgirls who were about to begintheirreligiouslifetotheirrespective convents , and conveyedmoney to these and other exiles, as wellas to Douay itself (ibid.). The Presidentof that seminary, Dr. Barrett , indeed, hadhimself testified that he had received more money from Garnet and the martyr, R. Southwell, S.J., than that which all the secular priests had contributed (ibid) In addition to all this outlay, Catholic prisoners and those in need

had to be helped In fine, he had expendedmore money on priests thanall the alms he had receivedmore, indeed, than he had spent on his fellow Jesuits and was ready toexchange what money the Societyhad in England for that possessedby but one priest whom he would choose bylot from many (Garnet's Answer to Fisher, ut supra).

These activities in providing for priests on their arrivalin England, and in finding them residences, may have caused jealousy in a few, as Garnet seems to suggest, and probably gave rise to theircontention that the Jesuits aimed at dominating over the secular clergy But the workhad to be done , and the fact was that there was nobody else who undertook it (Garnet to Persons, 18 March 1598, and L. Hughes'sletterof 3 December 1596, ut supra).

Doubtless when the Archpriest was appointed in 1598 these tasks fell upon him, but till that time it was Garnet who bore the burden; and Birkhead'sdifficulties later may have in part been caused by the veryclauseof ClementVIII'sBrief, as it precludedhim from seeking the help oftheJesuit Superior, who had had such experience in the work and had contributed so generouslyto it

The accusationas regardsalms would seem to have arisenfrom thefact that Garnet was madethe channelfor conveying money abroad to theexiles and the religious in their convents, some, getting to know of this money beingsent abroad by him, wrongly consideringit as belongingto theSociety (Garnet to G. Piccioli, i.e. Persons, 30 June 1599, R.O., Dom. Eliz., 271 , n . 31 ; Standish's statement, ut supra)

It is true that at times gifts were made to Garnet for specific purposes connected with the Society; but thesewere by no means frequent. Andthe fact remains that, owing to the expenditure described above, he laboured for years under a burden of debt, and indeed left it as a legacy to Holtby, who succeeded him as Superior (Garnet's answer to Fisher's Memorial, ut supra; Garnet to M. Tusinga, i.e. Persons, R.O., Dom. Eliz., 271 , n. 32; to Persons 7 March 1604, Arch S. J. Rom Anglia, 38.11 , f 176; to the same , 29 August 1604, Loyola Archives; Holtby to Persons, 30 October 1606 , Stonyhurst, Anglia, III, n. 71)

Finally, it may be remarkedwhat, indeed, the student cannot fail to noticethat thesevery men who madetheaccusationalways appeartohave found money for their own specific purposes when it was wanted It was Bagshaw, Bluet, and Mushall Appellants--who paid for Fisher's journeys up and down England in 1596 (Fisher's Confessions, Stonyhurst, Anglia, VI, n. 22). Despite their poverty, Bishop and Charnock were able to journey to Romein 1598; Mush, Champney , Bluet and Cecil in 1601; the latteragain with A. Champney in 1606. And these journeys and the stayin Rome were no light charge, as is known from the cost of Smith's residence there during his agencyofsome sixteenmonths Whatthat was may belearntfromMush , bewailing Smith's leaving Rome so soon-"for his expenses he had no cause to feare, seeing in that short time he had spent over 200£ " (Mushto More , 3 April 1611 , West. Arch, X, n. 188).

42Cf. supra, note 24.

48 Yet there were quite a number of writers among the secular clergy who published works during this period Without any particular search there occur to the mind the following names : E. Weston, T. Fitzherbert , R. Broughton, A. Champney, M. Kellison, P. Woodward (some of whose books have been ascribed wrongly to Persons), T. Hyggons, W. Rayner, J. Meredith (Farmer), R. Chambers , T. Worthington , and R. Smithhimself . Smith's statement, indeed , is not in accord with facts

44 Cf. supra, Fitzherbert to Birkhead, 6 September1608, note 4.

45The Archpriest certainly continued to send students to Douay during this period. The number of students so recommended was far greater than that ofthoserecommendedby the superioroftheJesuits, as the Third Douay Diary shows . The records of the other seminaries do not state from whom the student received a recommendation The usualprocedureseems tohave been to assign a period of probation for the student, and if after that time he was judged suitable, to admit him among the alumni When a complaint similar to Smith's was made a few years earlier, the Jesuitsdeclaredthat all

who werejudged suitable were accepted in the seminaries Infact they turned the complaint against those who made it " At hi ipsi qui sic conqueruntur sciuntur passim omnes quos possunt a seminariis avertere" (Responsiones ad querelae , Arch S.J. Rom. Anglia, 36.11, ff 296-299) And certainly in someof their books, written in 1601-1602 , the Appellants did suggest that Catholics should not send their sons to the seminaries (Copies of Certain Discourses, p. 123; Important Considerations , p 41 ; Sparing Discovery, p. 67; Quodlibets , pp 141, 278, ff For a similar suggestionearlier on the part of John Cecil, see his letterunder the name of J. Snowdento Burghley, 26 May 1591, R.O., Dom Eliz , 238, n 180) Andeven inthis veryyearofSmith'sletter, 1610 , Mush was endeavouring to dissuade Catholic gentlemen from sending their sons to St. Omer's (A Catholic priest to R. Jones, S.J., 24 May 1610 , Arch. S.J. Rom Anglia, 31.1 , f. 366)

45 Had the Jesuits said this, or even much less, they would have been accused of calumniating the students of Douay ! Smith's languageneednot betaken" aupied de la lettre" Norwere allthe studentsat Douay congenital idiots The Third DouayDiary records that twenty ofthe students matriculated at the Universityof Douay in 1600, and another twenty-twoin 1608 (C.R.S. , x, 21 and 89).

47 The real reason for this suggestionwas of course that they werefriendly with the Jesuits and disapproved of the Appellants Cf. supra, note 39 .

48 Cf. supra, note 39

49 Cf. supra, note 24 .

50 The Appellants were thefirst to engage in this practice, both as regards Cajetan's letter instituting the Archpriest and the subsequentBrief of Pope ClementVIII confirming the appointment ofBlackwell Cf. supra, Fitzherbert to Birkhead, 6 September 1608 , note 4

51 Cf. supra, note 40.

52 Cf. supra, notes 36 and 37 .

58 Cf. supra, notes 32 and 33

54 Cf. supra, note 35. He may possibly be referring to the expulsion of W.Gifford from Flanders by the Archduke; but Gifford himself wastoblame for that, not the Jesuits Cf. supra, Fitzherbert to Birkhead, 31 May 1608 , note 6

55 Cf. supra, notes 32 and 36

56 Cf. supra, notes 29 and 30 .

57Cf. supra, Fitzherbert to Birkhead, 23 May 1609 , note 3.

58 Cf. supra, note 11 .

Translation

Whereas the veryRev.Mr. George Birkhead, ArchpriestofEngland, from the veryfirst moment of his entering upon that office, had no object more at heart than toremoveall scandals from the house ofGod , to promote mutual peace amongstall those who were subject to his authority , and by the bonds of concordand charityto unite moreand more closelythe members of his body to himself their head, again and again he consulted very earnestly with his priests how he mightbest give effect to this, his pious desire As was to be expected, they gave their fullest approval to his eager wishes, promised to give every possible assistance, and in fact worked hard to attain their end. For this purpose they thought it essential to send one of their number to the Holy See , for to that See they acknowledged their immediate subjection and from it they hoped to obtain the peace so sorelyneeded bythis EnglishChurchwhich had been subjected to such grievous persecution and given so many ofits members to martyrdom. He would be in a position faithfully to conduct the business of the Englishclergy, and to make known their commonwishes, thedifficulties

of their present condition and the obstacles that seemed to prevent a happy ending to their long and glorious struggle.1 He would be able toobtain, ifit was at all possible, a favourableanswer to their petitions, without which they were convinced that it was vain to expect any remedy for their distress

About the beginningof March 1609 they sent Mr. Richard Smith, a doctor of divinity and an upright and learned priest, to submit certain articles containing a summary of the proposals which they hoped would bring them a sure andlasting peace, as well as a sufficient protection against the unceasing attacks of the heretics. To Rome , therefore , came Dr. Smith as agent of the Very Rev. Archpriest of England, and arriving on May 12 in that year, he stayed at the English College in the City for the customary seven days With him were Mr. Thomas More, a priest who had been given him by the Very Rev. Archpriest as a companionfor his journey, and two servants Atthis time, according to the instructions which he had received from the VeryRev.Archpriest, Dr. Smithdealtin a veryfriendly waywiththeRev. Father Robert Persons, S.J., and with Mr. Thomas Fitzherbert, concerningthe businesswithwhichhe was entrusted, andthey on theirside promised to give every assistance in every way that could conduce to mutual peace and concord. From the beginning, then, the agentput before them these articles which the Very Rev. Archpriest with his Assistantswished to be put before His Holiness.

The chief matters which I authorisemy agent, Mr. Richard Smith, D.D., to treat of as opportunity offers, to discuss, and to put forward as seems best to him when he reaches Rome.

2Whereas I have longthought it my duty to give the fullest satisfaction to my dearly beloved and reverent brother-priests, and to remove from among themallpossible grounds ofcontention, and whereas often and insistently they have complainedto me that the occasion ofdiscordhas not been removed accordingto the ruling of Pope Clement VIII of happymemory, in his brief of 25 October 1602, in the eleventh year of his pontificate, I consider it important that my agent should in the first place seek humbly to learn from the Holy Apostolic See to what extent I am now bound by the letter ofthat decree Hitherto I havealways considered that it was not binding on me , both because it was evidently directed to my predecessor alone and because no apparent mention was made of it in the Apostolic Letters, by which this new province was entrusted to me.3

Secondly , he should keep the Holy See fully informed upon all our ecclesiastical affairs

Thirdly, he should discuss withour superiors howsome of the more learned of our priests may be supported abroad in orderthat they may write against the heretics, and try to get them appointed as lecturers in theology in the college of Douay, as used to be done.4

Fourthly, he shouldurge that youngpriests when they have finished their course in the seminaries should not be sent so quicklyto England, especially those who are obviously of exceptional ability, but rather that as far as possible some means should be found for them to gain a fuller knowledge of theology before they are sent out to so difficult a mission.5

Fifthly, he should beg that some considerationshould be shown to us in our present difficulties in finding places of residence for the priests who come intothe country At this dangerous time the number of available places is continually growing less, owing to the violence

and hatred of our enemies, whilst the number of priests continuesto increase . We are in ever-increasing distress , for we cannot properly provide for those we already have.6

Sixthly, he should beg that illiterateand untrained priestsshould notbe sent to this mission . They are a shame anddisgrace tothe clergy, and there are already many complaintsand murmurs Seventhly, that our priests , if they be judged worthy by the universities, should be free to proceed to the degree of doctor.7

These are the chief matters which I think need to be dealt with if concord is to be established and which we most humbly wish to be put before our Holy Father We beseechAlmightyGod that He may inspire His Vicar to grant to us and decree for us what is most for the glory of God and for the fuller consolation of the Churchin England We pray, too, that He may help us to be perfect in obedience to His Vicar's commands Given on 9 Feb. 1609

George Birkhead, Archpriest of England and Protonotary Apostolic

He showed also the instructions which he had received from the Archpriest as to the mode of procedure, so that the Jesuits might have no ground for suspecting any malice in his intention or for hindering his agent in obtaining his petitions They were in the following terms.8

Declarationof my intention regardingthe mission ofmyagent to court of Rome.

Many ofmy venerable brother-priests have for a long time been strongly urging me to send one of our priests as an agent to Rome. Hitherto, for certain reasons , I have delayed to act; but now, whenday by day I see more clearly how they are filled with a spirit of union and peace, howsincerely they seekanddesire theglory ofAlmightyGod , the preservationand the increase of our common good, I can no longer hesitate to grant their reasonable desires and to associate myself fully with them for this end I have decided, therefore, to send a man who is prudent, just and trustworthy As he has had great experience in our affairs, he will be able to give His Holiness and the court of Rome the fullest and most accurate information upon the condition of our secular clergy and uponother necessary matters. I wishhim to observe carefully the following instructions.

1º Since, as we have lately heard, His Holiness has decided to appoint no bishops for us except with the consent of all, although I know how eagerly many of us desire it, as an honour to our Church, and as a great help, yet so that I may not seem to oppose the will of His Holiness in any way, I do not wish my agent to put a petition to that effect before him until we have collected the votes of all concerned

2º. It is my intention that my aforesaid agent should undertake this journey to establishpeace and concord more firmly with the Very Rev. Father Robert Persons, and therefore he is to treat with him of our affairs (sofar as this may be the wishofthe Sovereign Pontiff) and to make use of his advice and assistance. For it may very often happen (and we have no desire to hinder it) that His Holiness will desire to know his opinion about our circumstances Now in order that he may not try to give one impression to the Pope, and my agent an entirely different one, concerning our condition , I insist, being movedthereto by my love of peace and even of justice, that my agent shall make a point of consulting veryfrequently with the aforesaid Rev. Father in a friendly way about our concerns, so that in the reports which they will strive to draw up and to show to our Supreme Pastor there may be no discrepancyor inconsistency .

3º. Though I earnestlydesire that my agent should be willingto act in the aforesaid mannerwith the fore-mentionedRev. Father and very often be guided by his opinion and advice, I do not act thus because I would wish him to interfere with any claim to authorityin matters that concern my charge and my government , nor because I desire any subordination to him to be established, for he himself , in his frequent letters to me, has kindly assured me that anything ofthe kind is utterly contrary to his wishes All that I wish my agentto do is to treat him as the best offriends and as a trusty assistant, for on account of his very long experience, and his skill in affairs, he can have great influence with the Holy See to the profit of our cause and the honour of all the clergy.

4°. Iwishalso my aforesaid agent to be willing and readytoarrange totransactour business in conjunctionwith the Rev.andHon. Thomas Fitzherbert, both because hitherto he has in Rome managed our affairs with great zeal and diligence , and because I am sure he is well-known to His Holiness andto their Eminences the Cardinals of the Inquisition, in whose presence also our affairs have often to be discussed Moreover , I feel sure that when the above-mentioned honourable gentleman sees that my agent is acting with him in these matters, he will be ready to put intohis hands the greater part of thewholebusiness, whilst remaining, nevertheless, always ready to give his help and his advice forthe benefit of our common cause

5º . The sending of the agent is not for the purpose of renewing our earlier petition for bishops, nor for the stirring-up of disputes, past or present, but is an act of friendship and trust, and intended for no other purpose than to establish peaceand quiet amongst us all. Wherefore I am inducedand urgedall the morereadily to put forward these definite proposals, and for the same reason I have the greatest confidence in the Lord that it cannot be other than most pleasing to His Holiness if he shall see every ground of discord and contention , by God's help, once for all removed from our land, that at length wemay enjoy that happy peace we have so long desired.

6º . That this has always been my view , I call as witnesses Mr. William Bishop, Mr. Richard Smith and Mr. Edward Weston , doctors ofdivinity, also Edward Bennett and many others ofmy fellow-priests, and finally the Very Rev. Father Richard Holtby, the superior in England of the Society of Jesus, and other Rev. Fathers of the same Society, and, in short, all with whom either on my own initiativeor at their request I have frequently discussed these matters Moreover I declare that this is mywill and desire. In short I have always judged this to bethe best way to preserve unity and peace. In testimony of which I have thought it right to add my signature this fifth day of February 1609 .

George Birkhead,ArchpriestofEnglandand Protonotary Apostolic. We the under-signed are in full agreement with the above:

William Bishop

Richard Smith

John Colleton

Edward Bennett

Edward Weston

Robert Young

Thomas Young Priests Assistant doctor of divinity. bachelorof divinity. priest:

Thomas More priest:

During the whole of that week the interested parties discussed these matters together, but could reach no agreement. On the one side Father Persons was unwilling that the variouspoints of the memorandumshould be putforwardat all On the otherside, theagent contended that he had no option in the matter ; he was instructed to put them forward and onlyin regardto the mannerin which they might be proposed was he to consult Father Persons, so that it might be done with no offence to him As to this, the agent was ready to follow his advice and authority.

The agentalso , in order to leave no expedient untried, approached the Rev. Father General of the Society, and after giving him the fullest information on all points, received from him the reply that after some considerationhe sawnothing againstthe Societyin the pointsproposed and that he had no objection to anything in them except the first, and even that could be put forward in such a manneras to reflect in no way upon the Society The agent then promised sincerelyand unreservedlythat in putting it forward he would observe such moderation as even they might wish or advise Thereupon he took his leave , greatly encouraged by the hope that no memberof the Societywould object to what their General had approved . 10 Accordinglyhe submitted hisfirst petition to Father Persons and in deference to his wishes made some alterations On 24th May, then, the day assigned for his first audience (it was Rogation Sunday, when the Gospel assigned read " Hitherto ye have not asked anything. Ask and ye shall receive , " etc.), the agent was ushered into the presence of His Holiness together with Mr. Thomas More and Mr. Thomas Fitzherbert After humbly kissing the Pope's feet, he obtained permission to speak, and on his bended knees he read the following address.

" Most Holy Father. At the bidding of the Archpriest and his Assistants I have travelled a long journey by land and sea to kneel at the feet of Your Holiness, not for the purpose of carrying on any quarrels, nor of petitioning for any dignities, but to put before Your Holiness the most distressed condition of the clergy of England and to ask for a remedyespecially one that will lead to the maintenance of peaceamongst us Whilstour clergywere ruled by CardinalAllen , of holy memory, the founder of our seminaries, and the best of fathers, our condition was most happy; peace reigned amongst us; learning flourished ; holiness abounded : therewas a fervent desire formartyrdom and a burning zeal for the propagation of the faith But now that he has died and, as we hope, entered into his reward, the condition of our affairs, alas ! has quickly deteriorated. Stormy quarrels have arisen; ardour for study has decreased; zeal for the propagation of thefaith has grown cold To seek for a remedy from Your Holiness for these evils I have been sent hither, in order that by your authoritylasting peace may be established amongst us, studies may be encouraged, and our hearts once more may be inflamed with zeal for the propagation of our faith. The means for helping our nation, and the hope of converting it, lie in helping our secular priests In their numbers they far exceed the others : they were the first to establishour seminaries Inspired in a wonderful manner by God Himself, they were the first to go to Englandto convert the nation, whereas others were afterwards persuaded to go by our entreaties or stirred by our example . They were the first to attack heresy in England in sermons and books of great learning; they were the first who for the Catholic faith endured exile, imprisonment, tortures, even deathitself God has honoured them

by calling great numbers of them to martyrdom, so that whereas a certain number from the religious orders in England have suffered a glorious martyrdom, that total number would have to be multiplied byten to reach the numberofmartyrs from the secular clergy. 11 From their ranks have come, almost exclusively, all the religious and every religious body in our nation. And unless they had raised up againthe fallen standard of the Catholic faith and had stemmed the invasion ofheresy with theirvery life's blood, no religious , nor indeed any trace of the Catholic faith, would have remained at this day in England And I say this not to lessen the reputation of the religiouson the contrary, I candidly admit that in proportion to their numbers and to the time they have been in Englandthey have fought magnificently against heresy--but that Your Holiness may know truly who arethe men whofirst of all and chiefly have borne the brunt ofthis most bitter persecution They have borne it hitherto and they bear it still, and deserve, therefore , beyond all others, to be cherished, protected and encouraged by Your Holiness . This mission in which , Holy Father , I am acting for them, is the first that has been sent from England to the Holy See with the general consent of the clergysince heresy began thereto hold sway The petition which in their name I am to present to Your Holiness is the first which, after fifty years of persecution for the glory of God and the honour of this Holy See, they, your most loving sons, have offered to you, their most indulgent father. It is a petition which you can grant withoutharm to anyone, and with great benefit to us It will involve no expense; itwill redoundtoyour honour andtothe glory ofGod. Itis a petition, indeed, whichina large measure Your Holiness has long since granted to us, and all we ask is that you should preserve your gift to us, protect your sentence andmaintain your decision . It is a petition the granting ofwhich will bring confusion to the heretics and joy to us, whilst if it is refused it will be they who will rejoice, we who shall be saddened For if, which God forbid, you should reject this our first petition, it will be a lasting discouragement to us , whilst the heretics will triumphantly cast it into our faces that the Holy See sets no value on our long toils, despisesour dangers and has no regard to our martyrdoms But if, as indeed is our hope and our confidentexpectation, you are favourableto our petition, then the heretics who are your enemies will mourn; the clergy, your faithful sons, will rejoice; the whole Christian world will praise yourfatherly solicitude and the apostolic love by which we who have always been so devotedto you will be bound to you still more closely.

I have finished . "

Atthe end he again kissed the Pope's feet and enteringinto some pointsin greaterdetail, he presented to him the following memorandum .

As a means toestablishpeace between Mr. Blackwell, at thattime Archpriest of England, and other English priests, it was decreed by Pope Clement VIII of happy memory, in a Brief of 5th Oct. 1602 , that the said Mr. Blackwell, in matters which concerned the government ofthe English clergy, should not communicatewith, or deal in any way withthe Fathersofthe SocietyofJesus, whetherin Englandorabroad, whether by letter or intermediary or in any other way. Now that in Mr. Blackwell'splace Mr. George Birkheadhas been appointed, nosmall doubt has arisen whether he is bound to observe the same Brief On the one hand , he himself considers that he is not bound, because there is no mention of the Brief in his letters of appointment. On theother

hand , his priests12 maintain that he is bound. They argue that there is the same reason for its application to him as to his predecessor, viz. that no newoccasion should arise of discord between the secular clergy and the religious , so that even if he is not covered by the letter ofthe Brief, he is bound because of the reason for which it was issued; that even the Jesuits themselves for the sake of peace and quiet amongst the Catholics in Englandhave judgedit expedientthat the Briefshould be observed; that it is petitioned for by the English priestswhom the Archpriest himself testifies to be moved by the spirit of concordand unity, and bya sincere desire for the glory ofAlmightyGod , the preservation and increase of the common good; that moreover Our Holy Father in a special Brief issued to all the English before the appointment of this Archpriest confirmedthe said Brief of Pope Clement , and commanded all the English to observe it literally and without any qualification, so that the present Archpriest seems to be included in its terms; and finallythat if the Brief is observed there is a sure hope of peace and concord between the seculars and the regulars, whereas otherwise it is to be feared that there will never be peace.

Mr. Birkhead, then, the Archpriest, most humbly begs Your Holiness to declare to what extent he is bound by the force of the said Brief

His Holiness then gave a verbal reply, which was afterwards expressed in a letter from His Eminence Cardinal Bianchetti, tothe effect that the Archpriest was bound by the said decree accordingto the interpretation that had been given and sent to Mr. Blackwell by His Eminence Cardinal Farnese, the protector of England.

The following is a copy of the letter to Mr. George Blackwell, Archpriest of England.

Very Rev. Sir, Amongstthe many cares and anxieties ofthe Supreme Pontiff atthe present time, allthathas regardto reliefforthe EnglishCatholics in their present distress takes a very high place Wherefore that you maynotbe left withoutprotectionagainst the ragingstorms, he gathers togetherfrom all sides such help as he best can. If your courage has not failed through weakness, his help will surely afford you no small relief in your labours for the Lord Maintain, therefore, bravely the struggle in which you are engaged, for He who protects Israel will neither slumbernor sleep, and your faith which overcomes the world will not fear the world's dangers To this His Holiness, by means of this my letter , wishes most earnestlyto exhort you all in the bowels of the mercy of our God. It is due to the fortitude you have shown in the past. The whole Catholic world begs and demands it of you with its most fervent prayers He who after the storm makes a great calm , will give the crownof life to those who are provedbytemptation And as regards Your Reverence , you may be sure that the Supreme Pontiffwill always have your authorityand your person all the more at heart as you shall endure greater trials for our holy faith As to myself you may always rely on my utmost zeal on your behalf.

His Holiness also wishes me to declare in his name that he confirms the clause in the Brief of Clement VIII of happy memory by which Your Reverence is forbiddento communicate withthe venerable Fathers ofthe Societyof Jesus in mattersthat pertain toyourcharge, andthat it is to be understood in this sense . Whatever has to do with the Catholic faith, with cases of conscience, and with spiritual matters you may freely communicateto the said fathers for your own help

andconsolation; butallthat concerns the governmentofyoursubjects, or political matters, Your Reverence must not communicateto them , so that greater ill-will may not be aroused against them.

In this letter, therefore , I make known to you His Holiness's mind on these two points I beg Your Reverence to write very often to me on the state of affairs in England It will be most usefulboth to His Holiness and to yourselves , and will ensure that remedies suited to the circumstances from time to time will be here proposed. May AlmightyGod be ever with Your Reverence and the other Catholics of England in your distress. Rome, Feb. 10th, 1607 . Your Reverence's brother in Xt, ODoard, Card. Farnese 13

After the first petition had been granted anda letter sent by His Eminence CardinalBianchetti to theVery Rev. Archpriest ofEngland, the next matters that came up for considerationwere those designed to help our clergy in theologicallearning. Two memoranda were offered at the same timeone asking for the erection of a house for writers against the heretics, the other for the revocation or at leastthe modification of a Brief of Clement VIII by which Englishmen , especially thosewhohad studiedin the seminaries, were not allowed to beadmitted to the doctor's degree except under certain conditions

The first memorandumwas in these terms: Experience shows that the books written by English Catholics are a most powerful weapon both for the increase of the faith andfor the confutation ofthe heretics in England But on account of the lack of libraries and because of the frequent searches by the heretics, it is very rarely possible to compose or to print such books in England, whilst in Catholic countries abroad there is at the present time no place where Englishmen of learning are supported for this purpose. Whereforethe Archpriest of England most humbly petitionsYour Holiness to deign to issue a Brief giving him authority to erect in some Catholic country a house in which five or six learned priests may live together for this purpose And if Your Holiness would assign as a foundation an annual stipend, however small, to this work and would threaten excommunicationto be incurred ipso facto by all who should inany way strive to hinderit, you would be doingwhat is mostpleasing toGodand most useful to England; forthe faithwould makeprogress, the number of our learned menwould increase, the blasphemies of the heretics would be stopped or confuted, the zeal of those who have promised helptostart such ahousewouldbeanimatedand others stirred up to contribute to the good work. 14

The second memorial was in these terms: The title of doctor is an incentive to our priests to study and wins authorityfor whatthey maywrite against the heretics Moreover both in Englandand abroad it sometimes provides a means of livelihood for those who for the faith ofChrist have lost all they possessed Now a Brief was drawn up by Pope Clement VIII, though it is said not to have yet been published, concerning the admission of English prieststo the doctorate, by which it is made practically impossible forEnglishprieststoattainthatdegree. The reason is that the Brief forbids them to reach it until four years have elapsed after leaving the seminary. But during this long time they are living in exile and scarce able to provide themselves with sustenance, much less study andmake progress in literature Moreover as the said Brief makes the promotion of English priests dependent upon the judgement of the rectors of the seminaries, who are religious ,

it seems to this extent to subject the secular priests to the religious, a thing which later on Pope Clement forbadeand lately Your Holiness also has forbidden. In addition it commits the decision upon their suitabilityto men who are often livinga verygreat distance from them , or who have never known them at all (as must often happen when there is so frequently at all the seminaries a change of rector) or at least cannot judge their present suitability, since they have not seen them for many years . 15 Moreover it is undignified that the Superior of all the clergy of England should not be able, without the consent of others, to recommend any one of his own priests to universities , so that if they are there found worthy they may receive their degree Lastly it seems to cast a slur upon the English clergy when more stringent conditions are demanded for their promotion than for the promotion of priests of any other nation

The Archpriest of England, therefore , most humbly petitions Your Holiness that, for the advance of learning, for the establishmentof peace, and for the honour of the English clergy, you would allow the priestsof Englandto be promotedto their doctorateif they are judged worthy by the Catholic universities, or at least that their promotion should depend upon the judgement of their Archpriest who, as acting with his Assistants , he may judge expedient to the English Church , may be empowered to give them permission to proceed to their doctor's degree . 16

These memorialswere sentto the Congregation oftheHolyOffice , after which the individual Cardinals decided to hold a meetingto take cognisance of the whole business The first petition did not seem to require much argument and therefore the agent did no more than explain to them verbally the need forwhat he asked and the tremendous advantages to be looked for from it Greater difficulty was foreseen about the second, and therefore the agent gave to their Eminences in writing the following reasons for modifying or withdrawing the Brief of 19 September 1597, concerning the promotion of English priests to the degree of doctor.

1º . The Briefwas based on information17 that was false and unjust both to English Catholics and to other nations It was asserted that, through an abuse that had arisen amongst English Catholics , some English youths, no regard being had to their age, their conduct, or their studies , had managed to obtain their doctorate by their importunities or even by bribery. This is a most gross calumny.

2º. In so far as the Briefrequires the prieststo obtain the permission of the rectors of the seminaries (who are religious ), it seems to that extent to make the seculars subject to the religious. Such subjection is implied also by the fact thatin the Brief the aforesaid rectors are called the superiors of the priests , even after the departureof the latter from the seminaries . But such subjection was afterwards forbidden by Pope Clement himself, and has lately been forbidden by His Holiness, 18

3º. The rector of the seminary, whose written permission has to be obtained, sometimes lives very far away from the priest to be promoted, so that very rarely, if at all, is he able to correspond with him Moreover sometimes he has no knowledge whatsoever of the priest (as must happen when the rectors of seminaries are so often changed) or is ignorant of his present suitability as he has not seen him for many years 19

4°. It seems undignified that the Superiorof all the Englishclergy should not be able, without the consent of religious, to recommend one ofhis own subjects to universitiesso that, if he is there considered worthy, he may obtain his degree . 20

50. The said Brief requires the priests, after they have gone through the ordinary curriculum, to wait another four years to completetheir studies . This makes it practically impossible for Englishmen to become doctors, for in England they are not allowed to live, much less study; and abroad in exile they can scarcely earn their daily bread , still less advance in learning. The result will be that whereas formerly a certain number of them were able, through the title of doctor, to obtain a suitable livelihood, in future none will be able to do so Moreover as there is now no place left where Englishmenof learningcan be supported (for even from the seminaryof Douay those who taught there have been dismissed), if even the way to literary honours is closed to them , very soon the English clergy, deprived of their means oflivelihood anddebarred from honours,will not possess asinglewriterworthily to uphold the cause of the faith against the heretics . Whereas in the beginning ofthe persecution therewere several who were outstandingin learning HisEminence CardinalAllen, Sanders, Stapletonandothersnow , as a result of the regulation, the clergy will be ignorant and dishonoured , the cause of the faith will suffer, and the heretics , who already are boasting of the fewness of our writers, will triumph . 21

6° All the aforesaid inconveniences can be best avoided by entrusting the promotion of his priests to the Archpriest of England rather than to the discretionof a religious . For as he is theirSuperior and living either in their midst or not far away from them, with the help of his Assistants he is in the best position to judge both of the needs of England and of the capabilities of his priests . 22

To these petitions an answer was giventhroughCardinalBianchetti First, as to the erection of a house, it had never been the custom of the Apostolic See to grant any Briefofapproval until they hadalready been begun. But His Holiness was perfectly prepared to subsidise Catholicsto write against the heretics, and thereforeif anyonewould devote himself to writing he was willingto provide the expenses necessary for the publishing of such books

As to the second request, it was replied that there was no reason why the Brief , now that it had been issued, should be recalled , for all the inconveniences could be remedied by suitable adjustments: for example, if the religious should do no morethan give to the students in their colleges, at the end of their course, a certificate to the effect that for such a lengthoftime they had pursued theirtheologicalstudies and done well in them As to others , if the Very Rev. Archpriest of England should judge anyone fit to take such a degree, all he need do would betonotify the CardinalProtector by letter and the latterwould at once give the candidate permission to proceed. His Eminence Cardinal Bianchetti told the agent, the Rev. Dr. Richard Smith, in the presence ofMr. Thomas More and Mr. Thomas Fitzherbert, English priests, that such was the mind of His Holiness

The Rev. agent asked and obtained a third audience on the plea of handing a certain letter to His Holiness He thereuponpresented a memorial as to regulating the sending of priests into England Inthis he included all the remaining topics with which he had to deal The memorial was as follows:23

How unhappy is now the condition of secular priests in England and how urgent is their need of help Your Holiness may understand from the following extract from a letter recently sent here by the Archpriest. The causes of our misfortunesare partly external, arising from the activities of the heretics , but also internal, due to certain Catholics, and if Your Holiness will allow it, the agent of the said Archpriest humbly asks to be allowed to lay them before you, and to detail the remedies which seemto him to be called for andto be readily available to your spiritual power May God inspire Your Holiness to apply the remedymost suitablefor the relief of our distress, and may He preserve you to us in safety for many long years.

Extract from the letter of the Archpriest of England-

" Our difficulties daily increase Necessity drives men to desperate courses. I cannot do more than is within my power Whatever comes intomy hands shall be spent uponthem, but I hope they do notexpect me to do what is impossible Some moderation is certainly necessary in regard to the entry of our brethren They are all now so utterly reduced to poverty that even those who have worked for thirty years in England are now destitute and cry out to me to provide them with places of residence It is a pitiable condition of affairs . Lack of the necessariesoflife will certainly be the ruin and utter undoingofmany of our brethren I beg you therefore to press home the point, with all due respect, that there must be some restriction placed upon their continual sending ofpriestsinto England. If no moderationis observed , then the condition of those who throw themselves into the fray will be most deplorable . "

The agentwent on to expound the causes of these difficulties and the remedies that were suitable These he showed both to His Holiness and to the Cardinals of the Holy Office to whom this business had been entrusted. They were the following-

1. Thefirst causeofthe miseries of the secular priests in England, beyondtheexternalafflictionsoccasionedby theheretics , is thecalumny, repeatedover and over again by certain Catholics , by which even the chief of the clergy, and even some of the Assistants themselves, are falsely accused of dealing directly or indirectly with the heretics. Rumoursare often spread aroundthatsomelarge numberor otherofthe priests (no names being given) have lapsed and betrayedthe interests ofCatholicsto the heretics . Hence it happens that many oftheCatholic laity fear that under the guise of a priest they may find a traitor, and consequently refuse to give hospitality to any priest who is not well known to them. Consequently those who are not so well known suffer the greatest distress; they are unable to workfor the salvation of our country; they are forced to live in public inns amongstpersons of most dissolute life, with peril both to soul and body; and thus the whole body of the clergy falls into the gravest disrepute . 24

2. The second cause is the excessive number of priestsin relation to those Catholics who are able and willing to support them in their houses . This is sufficiently explained by the Archpriest in his letter.

3. The third cause is that priests are sent who both in yearsand appearance are extremely young, so that some Catholics, though otherwise pious, refuse to go to confession to them. Some have come from the college ofDouay so ignorant that they have provided the laughter and derision of the heretics. Indeed , for some years now , very few have been sent into England sufficiently trained Unless some remedy is soon found for these evils the whole priestly order in England will

soon fall into contempt and will become incapable of helping our country. Of the other scandals that will thence arise I prefer to say nothing.

1. The remedy suggested for the first evil is that Your Holiness should deign to issue a strict injunction to all Englishmen , whether athomeor abroad, whetherlaymen or ecclesiastics, secular or regular, thatifever they should know ofany priestinEnglandwhohas behaved reprehensively , they should either admonish him privately, ifthey have any hope of thereby correctinghim, or they should as soon as possible inform the Archpriest, or, ifthey cannotconvenientlydo so, the nearest Assistant, thatthey mayprovide a remedy; and only withtheir consent should they divulge to others what the priest has done. Underpenalty of loss ipso facto of their faculties, to be restored only by theArchpriest, andof suspension a divinis if they are priests, secular or regular, and under penalty of excommunicationipso facto if they are laymen, they should be commanded to abstain from starting, or spreadingin word or writing, rumours, uncertain in themselves or concerning uncertain persons, by which the good name of innocentpriestsis injured. Even though the delinquentsof some be certain, they must not make them public, ifthey are secret, exceptin regard to those whose interest it is to know them In this matter I beseech Your Holiness, through Our Lord Jesus Christ, to apply some remedy as soon as possible.

2. The remedyfor the second evil is that Your Holiness should rule that no one should be sent from England to the seminaries , or from the seminaries into England, except with the knowledge and consent of the Archpriest As he has now divided England intotwelve districts, according to the number of his Assistants, through them he is in a position to know accurately how many there are in England able and willingto support priests, and how many priests the Catholics we now have are able to support. This is the prudent method which the religiousadopt, neither admitting in Englandmoreintotheirorder , nor sending into England more, than they can conveniently provide for. It is eminently suitable that the Superior of the secular clergy should imitatethe foresight of the religiousin this respect, particularly as his own subjects are in such dire need.

3. The remedy suggested for the third evil is that those who are young should be kept longer in the colleges, especiallythose who give proof of outstanding ability, before they are sent out to so perilous amission. They couldact as readers oftheologyin the college atDouay, and, as used to be done, they could treat of subjects suited to the capacity of each individual That would obviate what has happened since the dismissal of the readers, viz that students are sent to the public schools who are ignorant ofthe very termsthe masters employ . 25

To these points an answer was given through His Eminence Cardinal Bianchetti, the Vice-Protector of England, to the effect that His Holiness ruled that no change at all was to be made .

In this way the business with which the Rev. agent had to deal inthe Court of Rome was concluded Hetook occasion, however , when a serious injustice was done, not only to himself personally but by implication to the wholeof the English clergy, to make a grave complaint, both to His Holiness and to the Cardinalsof the Holy Office . 26 Whereupon he was commissioned by Cardinal Bianchetti to think out some way by which full peace and reconciliation could be established between the religious of the Society of Jesus and the English clergy. Hewrote, therefore , to the following effect, both to His Holiness and to the Cardinals of the Holy Office-

Most Holy Father

Your Eminences

37With great joy I received the commission which Your Holiness through CardinalBianchetti deigned to giveme, that I shoulddiligently thinkout means by which a lasting peace could be established between the clergy of England and some of the same nation who are members of the Societyof Jesus I am thereby raised to a confidentexpectation that His Holiness 28 will give serious attention to such controversies and willnotmerelypatchthem up superficiallybut effect a radical cure The clergy cannot wish for anything better, for who would not desire above all things peace with his brethren when he is so sorelypressed by external foes ?

Hardly, too, could any achievement be to His Holiness more praiseworthy than to restore the former beauty of the English Church and to give backto it its former happy reputation for virtue, by cleansing it from this stain. In considering the matter, it will be well for him to keep these four points steadily in view: who they are who complain; of whom they complain; when they began to complain, and why.

Those who complain are the clergy To say nothing of the fact that they risk their lives daily for the faith, it should be noted thatit was through their efforts that the Jesuits were first sent to England, that they have obtained there the high reputation which they enjoy, and that they have been put in charge of the seculars' own college in Rome Thus it can be taken for granted that some serious cause must have arisen to bring about the present estrangement

Those ofwhomthe clergycomplainare those samepersons ofwhom other religiousin England have latelyalso complained The timewhen omplaints arose in England was after the death of Cardinal Allen, for when the clergy were bereaved of so dear a father and so powerful a patron they were exposed to great injustice.

The following are the chief reasons for their complaints.

1. That after Allen's death their right of sending students to the seminaries has been diminishedif not almost entirely taken awayfrom them . 29

2. That from the college of Douay have been dismissed their lecturers,30 who used to constitute a rich source of writers and of men outstanding amongst the clergy for their learning. $1

3. That the college has lately been taken away from them. The most worthy priest whom the scholars chose as their president was passed over, and through the efforts of Fr. Persons the college was given into the charge of a man who is at heart a Jesuit . 32 That this is so anotherJesuithas acknowledged Moreoveryears ago thePresident begged for admission into the Societyand now he says openlythathe will carry out all the orders of Fr. Persons, and in fact he rules the college according to his wishes . 38 His councillors and assistants are Jesuits and to these, three years ago, he wished to hand over the college. It must be confessed, having regard to what these sayofhim , andtowhat the experience ofmanyyears has proved, that he is scarcely capable of ruling it himself . 34

4. That through the efforts of certain Jesuits, promotion to dignities has been made very difficult to the clergy, and that many priests, through fear that they may be put in prison or incur thedispleasure of the Inquisition (as has happened to some) dare not take up residence in certain places or come to Rome, 85

5. That their good name at home and abroad has been grossly injured by many calumnies .

6. That as far as possible they neglect altogether to consult the clergy in obtaining superiors for them. These superiors they try to keep in bondage to themselves in such a way thatinall more important mattersthey should actonly after consultingtheSuperioroftheSociety in England

For all these complaints there is one single remedy, and that a most equitable one, viz. that apart from the Brief issued by Clement VIII in 1602 concerning our affairs, and recently explained by His Holiness, everything else should be restored to its condition in Allen's time, when we happily had peace amongst us This would meanthat neither side should have more or less right, authority, or liberty, in the college of Douay, in the missions, in promotion to dignities, or in going to Rome, in procuring or hindering the appointmentofsuperiors to the clergy, than it had in Allen's time, and that a stay should be put to all calumnies And although there may be some who would assert that the rights of the clergy have not been diminished since Allen's death (though that is not true), 86 yet if only peace can be established therewill be no need to argue about that, for ifbya decree of His Holiness the aforesaid rights are either restored or confirmed to the clergy the latter will have no further ground of complaint. Indeed ifit could be maintained that peace, piety, learning, and zeal for the conversion of our country are more in evidence now than they were in Cardinal Allen's time, the clergy would not seek to change the present state of affairs and would forgo their just rights. But ifthe very opposite is obviously true, then I beg Your Holiness to have restored to them their former condition when they enjoyed not only peace, but also many other benefits. They deserve to be given what am asking; it is very little, and it is equitableandjust They started the English Mission and in it they have pouredout twenty times as much blood in defence of the Catholic faith and the Apostolic See as the Jesuits. If Your Holiness will grant this to the clergy they will ever be most grateful I have drawn up a longer narrative of these things in the accompanyingpaper, if Your Holiness will deign to read it May God preserve Your Holiness to us happily for many years Your Holiness's most humble servant

The accompanying paper was as follows: Richard Smith

The times and occasion of the beginningof discord between the English clergy and others of the same nation belonging to the Society of Jesus

It is a well known fact that when the English seminaries were first foundedthe priests of England had so great a love for the fathers of the Society that they used their best efforts to get them sentinto England as their fellow-workers and to have them put in charge of their college in Rome Moreover it is due to them that the Jesuits enjoy so high a reputation in England that (as one Jesuit writes) it can only be fearfully uttered And indeed peacewas maintainedbetween them in England so long as CardinalAllen,ofhappymemory, remained in this world. But when he was dead, certain Jesuits, wishing to concentrate in theirown hands complete authorityin English affairs (for this is the only ground of all this trouble), got one of their number made prefect (as they call him) of the English mission, 87 and whereas

they already had all the other colleges undertheir sway, by this means they gained control even of the college of Douay, although the clergy had founded it and had always possessed it. 38 For after the deathof Mr. Barrett, the rector of that college, they saw to it that he whom the scholars by their general vote had chosen as President should be passed over; that other doctors , who with great credit to themselves andwith advantageto the college had taught theologythere for many years, should be turned out; and that one who, as a Jesuit himself admits, is a Jesuit in desire (as the phrase goes) should be made rector , one who on his own confession is so attached to Fr. Persons that he wantsto carry out all his commands, and who, three years ago, offered that college to the Jesuits. And to this man Jesuits have been given as councillors , and of two others added quite recently one many years ago wasa candidatefor the Societyand is still, as is believed, a Jesuit in desire . 39 Lastly, they have obtained from Clement VIII that none of the clergy, save with their permission , may obtain the degree of doctor. Thus they have obtained a monopoly in all matters outside England which appertain to the clergy. 40

In England, also, the general distributions of alms have come into their hands andthe hands of their supporters . 41 In addition the right ofsending studentsto the seminaries has been almostcompletelytaken away from the clergy and brought under their authority Prieststoo have been so grossly defamed at home and abroadby false accusations of factions, ambition, ill-will, treasonable dealing with heretics and so on , that their name which stood before in such high honourin England because of the number of their martyrs, is there now becoming despicable . 42 Abroadtoo, whereas formerly theywere everywhere highly respected,manyofthem famous fortheirwritings, as Sanders, Stapleton and the rest, and some of them advanced to high dignities, now they have become in large measure suspect to foreigners Deprived of every opportunity ofmanifestingtheirzeal or their learning, everywhere they lie in misery, afflicted and neglected . 43

The means to put an end to the said discord-

1. First Let this rule of conduct be prescribed to the Jesuits. Let them interfere in the affairs ofthe English clergyno morethan do the religious there who belong to other orders (whose relations with the secular clergy are excellent) or no more than they themselves do inmatterswhichconcern the clergyofothernations Asthey themselves admit, there are amongst the English clergy some who in knowledge, piety and experience are in no way inferior to them, and quite capable of lookingafter theirownaffairs . In particular letthem not busythemselves in the appointment or in hindering the appointment of the superiors , or in obtaining apostolicrescripts which have regard to the clergy. It was on this account that these troubles began and in consequence reverence in Englandfor Apostolic Briefshas in no smalldegree lessened . 44

2. Let it be permitted to the priests, at least to the Archpriest and his Assistants , to send students to the seminaries, and let them not be rejected groundlessly At least let none be sent except with thecommonconsent of the Archpriest and the Superiorof the Society in England. In this way the clergy will feel that they have not been absolutelydeprived of all right of sending to the seminary, and these two, the heads of both bodies, the seculars and the Jesuits, since they are acquaintedwith the circumstances both of the clergy in England and of the seminaries abroad, may be trusted to send none who will not be usefulto the fathers of the Society . 45

3. Let there be greater care shown in selecting those who are to be ordained priests Let not holy orders be given (as is sometimes done andrecently has been done) to stage-players, to bastards, to those who have come from the prisons of the Inquisition, to those whom the Jesuits themselves in the past have expelled for misconduct , to men of dishonourable occupations . England is no longershort ofpriests asin the dayswhen the seminaries were founded; rather she has too many in proportion to the needs and abilities of the Catholics . Moreover the conversion of England will not be effected by the numbersofthe clergy, but by their goodness . 46

4. Let Mr. Norton and a certain Singleton who have latelybeen introduced into the college of Douay be dismissed Both are openly hostile to the proceedings of the Archpriest: the one is believed to be a Jesuit by desire, the other has notoriously been guilty of violence to an illustrious Catholic Let just and peaceable men be substituted for them , so that the college may not appear to be a kind of opposition camp to the Archpriest . 47

5. As soon as any member of the clergy shall bind himself to any extraneous religious body by vow or promise (such men as are usually called Jesuits by desire, obedients or oblates) let him inform the Archpriest of the fact and at once give up any authoritywhich hehas overthe clergy, whetherin Englandor in the college of Douay . 48 This is of the greatestimportance so that the Archpriest may know whoare his subjects and whoare not Moreoversuch men whilst posing as seculars are the most ready and eager to attack the clergy, so that by this means our Jesuits are able to effect what they could notdo by themselves . Lastly, when they fall (as has happened recently) the shame goes tothe secular clergy; whenthey do well, the credit to others.

6. Let not the English Jesuits either directlyor indirectlyhinder English Catholic priests from dwelling safely wherever it suits their convenience , or from going to Rome, nor let them put any obstacle in the way of a priest's gaining honours or dignities. 49

7. Let the clergyalwayshave a representativeatthe papal court so that His Holiness may be kept informed of all matters that concern them , and may be able, after hearing both sides, to give judgement with less danger of error Let no occasion be given (as happened not long ago) for spreading about false rumours or for the pretext that Apostolic briefs are subreptitious . 50

8. But above all let the Holy See issue an order that calumnies must cease and that no one is to initiateor to spread abroad rumours , whetherthe facts be doubtful, or even if they be true but the persons they concern be uncertain If anything blameworthy should occur, let the matter be brought before the Superior of the one who is at fault, that he may provide a remedy, and let not the secret offence of his subject be made public except with his consent, unless indeed (as can hardly happen at all or at most very rarely) another person is in immediate danger. But if any Englishman , either at home or abroad , shall act otherwise, let him , if he is a layman, be ipsofacto deprived of the sacraments, and if he is a priest, either secular or regular, let him be ipso facto deprived of the use of his faculties and forbidden to officiate at the Altar, until he shall make satisfactionto the person he has injured. 51

9. But the way for the restoration of peace which will be most effective and cause least friction will be to restore all our affairs to the condition which they were in under His Eminence CardinalAllen, when we enjoyed mutual peace in England . 52 If any should oppose such a restoration they will betray themselves as the authors of the troublesthat have arisen Let our Jesuits then have all the colleges, and all the authority over the students , that they possessed . But let them not steal our college at Douay under the cloak of Jesuits by desire . 58 Let them not hinder the liberty of our priests to live where they will, or to go to Rome, or to attain honours . 54 Let them make no attempt with His Holiness , or with the Cardinal Protector , or the Vice-Protector of England, to promote or to hinder the appointment of the superiors of the clergy in England or the college of Douay . 55 Let the clergy have once more their own college of Douay andlecturers there as in the days of Cardinal Allen. Let them have the right to send studentsto the seminaries . 56 Let them be free to acquirehonours , or tolivewhere it suits them , or to go to Rome without fear ofimprisonment or danger from the Inquisition. In a word, whilst the Briefof Clement VIII and its interpretation made by the Holy Father remain in force, let all be brought backto the times of CardinalAllen, andthe peace that reigned will be restored . 57

10. In fine, as those who are the complainantsin the controversy are priests, let their petition be examined again and again If what they ask rightly belongs to the Jesuits, let them be non-suited and let perpetual silence be enjoinedupon them But if they are asking only that the aforesaid rights which they enjoyedunder CardinalAllen, and which are similar to those enjoyedby the clergy everywhereelse , should be ensured to them, surely they deserve to be granted so small and so just a boon, since they were the originators of this glorious English mission, and have poured out twenty times more blood in England for the defence of the faith and the Apostolic See than the Jesuits . 58 Their gratitude for it will be unbounded . If indeed peace, learning, piety and zeal forthe conversion ofEnglandabound nowmore than in Cardinal Allen's time, by all means let the present conditions continue, but if the contrary is only evident let there be granted to us again , I beg, that condition of affairs when we enjoyed not only peace but also so many other benefits in such great abundance .

INDEX

n indicates a note on the page

Agent, Clergy 19, 21-22, 23, 24 , 40 , 43, 77 ff, 117, 119, 149; choice of9-13, 21-22, 28-29, 34, 36; Advocates of 118

Ainsworth , J. 125

Alabaster 123 (n 26)

Albert, Archduke 12 , 18

Aldobrandino, Cardinal Secretary of State 10n, 40n

Allegiance, Oath of 3 , 9 , 11n , 13n , 22-23, 25n, 34, 36, 40 (n 3), 41, 42, 54 (n. 9), 83, 85-86; see also Blackwell, Clinkers

Allen, Thomas, Blackwell's agent in Rome 3, 4

Allen, William , Cardinal 9, 59n, 87 , 96, 111 , 115, 117, 118, 119 (n. 5), 121 (n . 21), 125, 126, 127 (n 36), 128 , 129, 131 (n 40), 143, 146, 147, 150

Alms, Distributionof 116, 131 (n. 41)133 , 148

Appellants 6n, 9-12, 18, 21-24, 75 (n. 1), 80-85, 87 ff, 92, 118 (n 1), 122 (n. 24), 125, 126, 127 , 128 , 129 (n 39), 131 (nn 40, 41), 132 , 133, 134 (n. 47); Not the Secular Clergy but a faction 10n, 29, 42-43, 81 and n 11 , 83, 88, 93 (n 14), 118 (n 1); Treating with the Government 11 and n. 6, 21, 93 (n 14); and Worthington 31; see Jesuits, Smith and Agent

Archer 131 (n 41)

Archer, Giles 9n, 65

Archpriest 3, 76 (n 3), 82, 87, 96, 97 , 124 (n 29), 127 (n 36), 133; and Consulting with Jesuits 11n, 48 (n. 3), 70, 106-109, 119 (n 12), 135 , 139141 ; see Blackwell, Birkhead Arras, see College of Writers Association, The plan of 77 and n. 6 , 82

Audley, 131 (n. 41)

Bagshaw, Christopher 12n , 52n , 75 (n. 1), 77 (n 6), 81 (n 11), 93 (n. 14) 131 (nn. 40-41), 133 Baldwin, William, S.J. 130 (n 40)

Bancroft, Bishop of London 11n

Barberini, Nuncio in France 10n , 15n

Barlow, William, Bishop of Lincoln 123 (n 26)

Barnes, Stephen 124 (n 30), 125

Barrett family 1

Barrett, R., President of Douay 52n, 81 (n. 11), 116, 124 (n. 29), 126 (n. 32), 148

Bavant, John 1 , 10n, 19 , 20, 23, 25, 75 ff, 87 ff, 128 (n. 36), 131 (n 40); Life of 75 (n 1); and the question of bishops 20, 23 , 25, 32, 55 , 75-77 , 83, 88-92; and the Appellants 10 (n. 4), 78, 81 ff, 92 ff, 100; and the question of a clergy agent 77 ff, 88 , 97, 119

Beech, Dom Anselm, O.S.B. 27, 37, 38

Bel, Apostate 122 (n 26)

Bellarmine, Cardinal 4, 34 (n 5), 67

Benedictines and Douay 25-27, 28, 31 , 37-39, 47, 55-57, 69; and Jesuits at Valladolid 26 (n 4), 55 , 56 , 65 (n 7), 69

Bennet , Sir Thomas 5n

Bennett, Edward 6n, 10n, 23n, 88 , 97, 105, 137; alias Farrington 23n ; John 88, 97; Robert 88, 97

Bentivoglio, Mgr , Nuncio in France 10n , 25n

Bianchetti, Cardinal, Vice-Protector of England 28, 31, 34-36, 38, 40-42, 44, 47 , 51, 54-57, 68, 69 ff, 109 , 111 , 114, 119 (n. 12), 140 , 146

Birkhead, George, Archpriest 3 , 6n , 13n, 15n, 32 , 51, 52, 54 , 126 (n. 33); Appointed Archpriest 4, 11n, 13n , 23, 24, 78, 87, 96, 107 ff; His Admonition 2 May 1608, 4n, 13, 22, 24, 42, 54 (n 9), 86; aliases of, Chamberlane , Chamberlaine 4 and passim, Salvin 8 and passim, Lea 10n; and Appellants 3 , 53 ff, 110 ff, 121 (n 24), 144 , 145; and Clergy Agent 102 ff, 134 ff, cf. Agent (of Clergy) and Smith ; Faculties of 13, 17 , 18 , 29, 33; and Douay 58 59, 65 , see Douay; difficulty of, in supporting priests 3,

53 ff, 110 ff, 121 (n 24), 144-145; removes Fitzherbert from Agency

60 (n. 2), 63, 70 (n 3); accepts Pope's decision 69; difficulty of, over Bianchetti's letter 69 ff; Pension of 67

Bishop , William 88, 91, 97, 99, 105, 127 (nn 35, 36), 128, 133, 137

Bishops, question of 3, 7n, 14-17 , 19 , 23 and n, 24, 27, 33, 34 (n 3), 40,

75 ff, 83, 87, 88 ff, 94, 95, 97 ff, 100, 105, 127 (n 36) ; different attempts to obtain 14n , 16 and n, 27, 40, 76 and n 4, 77, 89, 97; difficulties ve 14n , 16, 33, 76 ff, 89 ff, 98 ff; differing opinions re 10n, 19 , 92, 99, see Bavant, Barberini, Singleton

Blackwell, G., Archpriest 3, 4, 24 , 48 (n 3), 75 (n 1), 76, 82, 105 , 107 , 108, 122 (n. 29), 127 (n 36), 128, 130 (n. 40), 132, 138; and Oath of Allegiance 3, 4, 22 ff, 34 (n. 5), 54 (n. 9); see Archpriest, Clinkers

Blount, Richard, S.J. 11n, 91 (n 12)

Bluett, Thomas 12n , 81 (n 11), 133 (n. 41)

Bonnard, N., S.J. 130 (n 40)

Books-

Appellants' Copies of Certain Discourses 134 (n 45) ; Important Considerations 134 (n. 45); Sparing

Discovery 134 (n 45),

Barlow, W. , An Answer to a Catholic Englishman, 1609, 123 (n. 26)

Bellarmine , Apologia pro Responsione sua etc., 1609, 67

Campion, Bd E., Decem Rationes 2

Colleton, J., Just Defence 128 (n 36), 131 (n. 41)

Fitzherbert, T., A Defence of the CatholicCause, 1602, 2; Apology2; A Treatise concerning Policy and Religion , 1605, 2, 45

Persons , R., " Briefe Apologie" 77 (n 6), 81 (n 11); The Judgment of a CatholicEnglishman123 (n 26)

Smith, R., An Answer to Thomas Bels Challeng, 1605 , 122 (n 26)

Watson, William, Quodlibets 134 (n. 45)

Borghese, Cardinal, Vice-Protector of England 127 (n 36), later Pope Paul V , q.v.; Cardinal 12n , 18n , 26n, 39n, 123 (n 26)

Bracciana, Duke of, see Ursino

Bradshaw, Dom Austin, O.S.B. 25n , 26n; alias White 38 (n. 4)

Briefs, Papal, 19 September 1597 re Doctorate 110; 5 October 1602 ve Appellant Controversy 128 (n 36);

22 September 1606 re Oath of Allegiance 3, 34 (n. 4); 23 August 1607 ve Oath of Allegiance 4, 34 (n . 4); 8 February 1608 appointing Birkhead Archpriest 4, 13n; Treatment of, in England 34 and n , 82-83

Britton , Dr. 124 (n 30)

Broughton, R. 133 (n 43)

Browne, Anthony , see Montague

Burt, W. 124 (n 30)

Cajetan , Cardinal, Protector of England 48 (n 3), 52 (n. 4), 76, 82, 93 (n 14), 96 , 124 (n. 29), 126 (n. 32), 127 (n. 35), 130 (n 40)-131, 134 (n. 50)

Camm , Dom Bede, O.S.B. 39n

Campion , Bd Edmund 2 , 75 (n. 1)

Caraffa, Decius, Archbishop of Damascus, Nuncio in Flanders10n, 12n; Nuncio in Spain 14n

Carleton, Dudley 5n

Carr, Robert 6n

Cecil, John 12n, 93 (n 14), 120 (n 17), 122 (n. 24), 127 (n 35), 131 (n. 40), 133 (n 41); Sir Robert 11n; William, son of the Earl of Exeter, a convert 37

Challoner, Sir Thomas 5n

Chamberla (i)ne, aliases of Birkhead,

g.v. Chambers, R. 133 (n. 43)

Champney , Anthony 74 (n 6), 127 (n. 35), 131 (n 40)-132, 133

Charnock, 127 (n 35), 128 (n 36), 133 (n. 41)

Chisholm , Bishop of Vason 93 (n. 14)

Clement VIII, Pope 11n , 12n, 78 , 82 , 87, 88, 96, 97, 101, 108, 109, 115, 118, 119 (n. 12), 127 (n. 35), 134 (n. 50), 135-138 , 140-142, 147

Clenock, Maurice 75 (n 1)

Clinkers, The 23 and n. 3, 24, 43, 44 , 68

College of Writers 32, 51, 52 and n , 109, 120 (n. 14), 141 , 143

Colleton, John 10n, 76 (n 2), 77 (n.6), 88, 97, 105, 137

Constable, Henry 52n

Cornwallis, Sir Charles, English Ambassador in Spain 67 (n. 9)

Cotton, S.J. 12n

Cowling, S.J. 130 (n 40)

Creswell , Joseph, S.J. 67 (n 9)

Crichton, William, S.J. 12n, 93 (n. 14), 130 (n .40)

De Bubalis, see Del Buffalo

Del Buffalo, Cardinal, Vice-Protector of England 3 , 4n, 8n, 13 and n , 14 andn, 19, 20, 28, 32, 87, 88 , 90 , 96

Dextar, Captain 12n

INDEX

Doctorate, question of 52, 53, 109112, 116, 120 (nn 16-18), 121 (nn. 19-21), 127 (n 36), 137, 141-144 , 148

Dodd , Charles 1 and passim

Dorset, Earl of 5n

Douay, Seminary of 1 , 38, 57 , 58, 62 , 65, 65 (n 7), 73-74, 78, 95 , 101 , 114117, 119 (n. 4), 124 (nn 29 and 30), 125, 126 (nn. 32-34), 128 (n 37), 133 (n. 45), 134 (n 46), 135, 136, 144, 146-150; Presidentof 78 , 87, 88 , 96, 97; Poverty of 62, 67, 125; and Benedictines, see Benedictines

Dudley, Sir Robert, Earl of Warwick , a convert 12n

Edmonds , Sir Thomas, English Ambassador in Flanders 12n Election, principle of, not applicable to clergy in England 128 (n 36) England, Martyrs in 107, 119, 139; Missions to, to be delayed 109 , 111113, 135, 143-144; Persecution in 3, 51, 86, 90, 121 (n. 24) English College, Rome 75 (n 1), 130 (n 40), 131 (n 40)

Farmer, see Meredith Farnese, Odoardus , Cardinal, Protector of England 5n, 23, 25, 48 (n. 3); Letter of 108, 119 (n 13), 140 Farrington, alias of E. Bennett, q.v. Feria, Duke of 2

Fisher, George 125 Fisher, Robert 120 (n. 17); Memorial of, against the Jesuits 81 and n 11 , 130 (n. 40), 131 (n 41), 132; Confessions of 81 (n. 11), 133 (n. 41); Instructions given to 93 (n. 14) Fitzherbert, Sir Anthony2 Fitzherbert, Thomas 27, 34-35, 133 (n 43), 143; Life 1-3; alias Swinnerton 4 and passim; and letter of Viscount Montague 5-8, 30-31 , 3233; Agency of 9, 42-43, 60 (n 2), 65, 70 (n 3), 87; Relations of, with Birkhead 32, 61-62, 63-65 , 68-69; Relations of, with Smith 48, 60 , 61-62, 64-65 , 70 (n 3), 102, 104 , 135 , 136-137; and choice of clergy agent 9-13, 28-29; and Appellants 21-22, 43, 44; and question of doctorate 52-53; and question of bishops 16-18, 27, 28, 33, 41; and Benedictines , see Benedictines and Douay; Procurator of Worthington 27, 74 (n 6); and Douay, see Douay; said to be a Jesuit 59, 63-66; accused by Tierney 35n, 65n Fixer, J. 122 (n 24)

Flanders 12n, 131 (n. 40)

Flint, Thomas 124 (n 30), 125

France , King of 18 153

Frangipani, Ottavio Miro, Nuncio in Flanders 12n, 94 (n 16), 130 (n 40)

Fraser, Scottish priest 12n

Freeman, M. 125 (n 30)

Garnet, Henry, S.J. 81 (n 11), 120 (n. 17), 122 (n. 24), 127 (n 36), 130 (nn. 40, 41); his work for priests in England 131 (n. 41)-133

Gervase, Bd George, O.S.B. 22 , 24 , 25, 47, 56

Gifford, William, Dean of Lille 12n, 38 (n 4), 72 (n 4), 81 (n 11), 130 (n 40), 131 (n. 41), 134 (n. 47)

GregoryXIII, Pope 81 , 84, 89 , 97, 101

Griffin, Hugh 81 (n. 11)

Gunpowder Plot 5n, 7n, 123 (n. 36)

Haddock, Richard 12n, 75 (n 1)

Hall, R. 58 (n 5), 124 (n 29), 126 (n 32)

Harrison, Dr. 125, 126 (n 34)

Hepbourne , Anthony 23n

Hesketh , Thomas, see Allen

Holt, W., S.J. 127 (n 36), 131 (n 40)

Holtby, Richard, S.J. 105, 133 (n 41), 137

Hughes, L. 130 (n. 40), 132, 133

Hyggons, T. 133 (n 43)

Infanta, The 18n Inquisition , English affairs treated in the 3n, 14, 17, 19, 52n, 55, 56, 60 , 61 , 64, 69, 110, 123 (n 26), 127 (n 36), 142, 144 , 145

James I 3 , 35 (n 5), 37 (n 12), 123 (n 26)

Jesuits 57, 87, 97; not to be consulted by the Archpriest in government of the clergy 11n, 48 (n. 3), 70 ff, 107109, 119 (n 12), 135, 138-141 ; and Benedictinesat Douay 38 and n. 41; and Benedictines at Valladolid, see underBenedictines; andtheSeminary at Douay 38 and n 4, 59 (n 5), 65 (n 7), 114, 116-118, 124 (n 29), 126 (nn. 32-34), 128 (n 37), 129 (n. 39), 132 (n. 41), 133 (n. 45); Memorial against cf. sub Fisher, Robert; defended by secular priests 81n , 80-85, 93 ff, 100 ff, 130 (n 40); Attempts to exclude from England 93 and n. 14, 94 , 100; Reasons alleged for opposition to 92 ff, 100 ff; Accusations of Smith against 114 116, 146-148; Accusations answered

INDEX

120 (nn 16-18), 121 (nn 20, 21 , 24), 124 (n 29), 126 (nn 32, 33, 34), 127 (nn 35, 36), 130 (n 40), 131133, 134; General of 105, 119 (n 10), 138; in voto 117 , 129 (n 39), 149

Kellison, M. 124 (n 30), 125 , 133 (n. 43)

King, Rt Rev. J. H. 1

Knaresbury 125

Knatchbull, Dr. J. 62 (n. 9), 119 (n 4), 124 (n 30), 125, 129 (n 39); alias

Norton 117, 149

Lea, alias of Birkhead 10n

Lewis, Owen 75 (n 1), 129 (n . 37)

Mainey 12n

tague 5-8, 30-31; and the question of bishops 14, 16, 33, 40n, 76 (n 4), 127 (n 36); and Smith's agency 48 and n. 3, 49, 50, 51, 61-62, 70 (n 3), 102, 104, 105, 106, 114, 115, 119 (n 8), 122 (n 26), 135, 137; andthequestion of the Doctorate 53 (n 5), see sub Doctorate; and the Institutionofthe Archpriest 82, 127 (n 36); and the appointment ofWorthington 58 (n 5), 114, 116, 126 (n. 32), 146, 148; and Worthington's vow 114 , 126 (n 33), 146; and the difficulty of supporting priestsin England 53 (n 6); Decisions of Rome wrongly ascribedto 62 (n 7), 70 (n. 3), 80; defended by J. Bavant 78-85; aliases of 133 (n 41); Death of 6n

Piccioli, alias of Persons, q.v.

Pitts, Dr. 124 (n 30) Pottinger, Simon 125

Meredith, J. 131 (n 41)

Manares , O. , S.J. 130 (n. 40), 131 (n . 40)

Mignon College, Paris 51 , 52

Missions to England, cf. sub England

Montague , Anthony Browne , Viscount 5 and n, 30-31, 32-33

More, Thomas, companion of Smith 91, 98, 102, 105, 111 , 113, 121 (n 24), 135, 137, 143

Morra, Mgr. 128 (n 36)

Mush, John 10n , 18 and n, 49n, 59 (n. 8), 77 (n. 6), 81 (n. 11), 88, 91 (n. 12), 97, 99, 126 (n 34), 128 (n 36)

Norris, Sylvester 120 (n 17), 130 (n. 40)

Norton, alias of Knatchbull , q.v.

Oxford 2 , 75 (n 1)

Paget, Charles 12n, 81 (n 11), 93 (n 14), 130 (n 40), 131 (n 41)

Parker, Richard 9n, 28, 32, 65

Paul V , Pope 1 , 5 (n 8), 42, 51 , 78 , 89 , 91, 97, 99; and question of clergy agent 34-36, 40; and question of bishops 3 , 14 ff. and 14 (n. 4), 15 , 17, 34 (n 3), 40, 41, 89, 97, 104 , 136; and Oath of Allegiance 3 , 41, see Allegiance, Oath of, Blackwell, and Clinkers; Decision re matters pro- posed in Smith's agency 68-69 , 73 , 108, 119, 140, 143

Peña, Mgr 93 (n 14)

Persons, Robert, S.J. 1 , 2, 12n , 36, 37n , 38, 39n, 42-44, 53 (n 6), 77 (n 6), 87 ff, 89 (n 8), 127 (n. 25), 130 (n . 40), 131; Letters of, discovered 1; and the letter of Viscount Mon-

Rayner, W. 133 (n. 41)

Redman , Dr. 124 (n. 30)

St. John, Lord, convert 37 St. Vedast, Abbot of 52n

Salisbury, Earl of 5n, 12n , 17 ; see Cecil, Sir Robert Salvin, alias of Birkhead, q.v. Sanders, N. 111 , 121 (n 21), 143 Sega, Mgr. 130 (n. 40), 131 (n. 41) Sessa , Duke of 31, 93 (n 14)

Sharp, J. 125

Singleton, William 10n, 23, 25, 29, 30, 62 (n 9), 91 (n 1o), 119 (n 4) Smith, Richard 5 (n 8), 19-21, 32, 51, 64, 89, 124 (n 30), 130 , 133; Erroneous statements as regards 45 (n 4); Agency of 1 , 3, 48-51 , 60 , 61, 62 (n 7), 64, 67-69, 70 (n 3), 87, 89, 97, 100-150 ; Address of, to the Pope 106, 138; Memorialsof 107, 114, 115-118 , 123 (n. 27), 141 , 143; Charges of, against the Jesuits 114116, 146-148; Charges of, answered 120-121 , 121 (n. 24), 124 (nn 29, 30), 126 (n. 33), 127 (n 25), 128 (nn 36, 37), 129 (n 39), 130 (n 40), 131 (n. 41)-133, 133 (n 45); see Alms, Agent, Doctorate, Douay, College of Writers , etc.

Southwell, Bd . Robert 132

Standish, secular priest 130 (n 39), 131 (n 41), 132 , 133

Stanley, Sir William 2

Stapleton , Thomas 111 , 121 (n 21), 143

Sweet, John, S.J. 14 , 16n; T. 125

INDEX

Thornhill, Dr. 71, 72 and n. 41

Tierney, Canon Mark passim ; corrected 3, 10n, 13n, 35 (n 6), 65 (n 7), 68 (n. 1)

Toletus, Cardinal 130 (n 40)

Tusinga, G., alias of Persons 133 (n. 41)

Tyrconnell, Earl of 18 , 27

Tyrone, Earl of 18

Ubaldini, Mgr. , Nuncio in France 18n Ursino, Don Virginio, Duke of Bracciana 31

Valladolid, see Benedictines

Wade, Sir W. 5n

Warwick, Earl of, see Dudley; Countess of 12n

Watson, W. 128 (n 36)

Weston, E., Dr. 44-46, 105 , 124

(n. 30), 133 (n 43), 137; E., S.J. 131 (n. 41)

White, see Bradshaw Williamson, E. 125

Woodward, P. 125, 133 (n. 43)

Worthington, Thomas , President of Douay 27, 58 (n 5), 74, 119 (n 4), 126 (nn 32, 33); and Benedictinesat Douay 25-27 , 28, 31, 37-39, 47, 5557, see Benedictines; defended by Fitzherbert 62, 65-66; Complaints against 31, 38, 65, 114 , 115; answered 65 (n. 7), 66, 119 (n. 4), 124 (nn 29-30), 125, 126 (nn. 23, 34), 133 (n 45); dismisses students 57, 126 (n 33); Opposition to 57, 58, 65 , 126 (n. 33)

Wright, J. 58 (n 5), 93 (n 14), 124 (n. 29), 126 (n. 32), 127 (n. 36)

York , Thomas 125

Young, Edward, Dr. 105, 137

Young, Thomas 105 , 137

2.0.10040 FOR THE YEAR JUNE 1 , 1942 to MAY 31 , 1943 , Together with the Roll of Members , the Obituary, the Constitutions, &c.

Constitutions

1. Name . The name of the Societyis " THE CATHOLIC RECORD SOCIETY "

2. Objects. The objects are the transcribing, printing, indexing, and distributing to its members the Catholic Registers of Baptisms, Marriages and Deaths, and other old Records of the Faith, chiefly personal and genealogical, since the Reformation in England and Wales

3. Management. The affairs of the Society are managed by a Councilconsisting of twelve members, three trustees andfive honorary officers, viz. The Recorder, Bursar, Legal Adviser, Librarian, and Secretaryfour forming a quorum. It has power to appointa Presidentand Vice-Presidents, its Chairmanand Officers, and to fill vacancies on its own body, and has power to refuse or take away membership . Onethird of the twelve members and all the honorary officers retire each year, but are eligible for re-election Nominations of new Members of the Council must be sent to the Secretaryfourteen daysbeforethe Annual Meeting The representationand management are reserved to Catholic Members

4. Subscription . The subscription is one guinea per annum , commencing June 1st , which entitles members to any publications issued during the year. No volume will be issued to any member whose subscriptionis unpaid, and the names of any members whose subscription shall be two years in arrear will thereupon be removed from the Society, and not be readmitted until all arrears are paid. A memberwishing to retire from the Society must intimate his intention to the Bursar or the Secretarybefore the 1st day of June , or be held liable for his subscription for the ensuing year

Personal Life Membership may be obtained on payment of twenty guineas in advance . Members who have paid subscriptionsfor ten consecutive years and who are not in arrear may obtain the same privilege on payment of ten guineas. All life subscriptions are to be capitalized.

5. Back Numbers Members may, on prepayment, obtain back numbers (if in stock) on such terms as the Councilmay direct.

6. Meetings An Annual Meetingis held in the month of June or July, ofwhich at least seven days' notice is sent to all the members At this meetinga report of the work of the Society, with a statement of the incomeand expenditure, is presented. This is issued together with the list of members and the Constitutionsof the Society. An Extraordinary General Meeting may be called at any time by the Council. At least seven days' notice, stating the object of the meeting, shall be given

7. Audit. The Bursar's accounts are audited by a memberof the Society or professional accountant appointed by the Council, at the close of the financial year, which expires on May 31 .

N.B.The Bursar deals with Membership and Subscriptions

The Catholic Record Society

FOUNDED JUNE 10, 1904

PATRONS

HIS GRACE THE ARCHBISHOP OF BIRMINGHAM

HIS GRACE THE ARCHBISHOP OF LIVERPOOL

HIS GRACE THE ARCHBISHOP OF CARDIFF

PRESIDENT

COLONEL THE RIGHT HON. THE VISCOUNT FITZALAN , K.G. , G.C.V.O., D.S.O.

VICE-PRESIDENTS

RIGHT REV . DAVID MATHEW , M.A. , Litt.D., F.S.A., F.R.Hist.S.

VERY REV . JOHN RORY CANON FLETCHER

COUNCIL (Elected)

C. A. JOHN ARMSTRONG , M.A.,

F.R.Hist.S.

REV. ALPHONSUSBONNAR, O.F.M. ,

D.D.

DOM. HUGH BOWLER , O.S.B., B.A. ,

C.F.

REV . LEO HICKS , S.J.

REV. GERVASE MATHEW , O.P.

TRUSTEES

BERNARD H. NEWDIGATE WILLIAM ABEL PANTIN , M.A., F.S.A. MAJOR MICHAEL R. TRAPPES-LOMAX

BRIG . -GEN THOMAS BYRNAND TRAPPESLOMAX

CAPTAIN WILLIAM DE GEIJER .

REV . GORDON ALBION , D.Sc.Hist , B.A., F.R.Hist.S. ,

Honorary

Officers (On Council ex officio)

Hon Bursar

REV DR. GORDON ALBION , St. John's Seminary, Wonersh, Guildford, Surrey.

Hon Legal Adviser

HUBERT HULL, Barrister-at-Law

Hon Librarian

CAPT . WILLIAM DE GEIJER

Hon Secretary

RICHARD CECIL WILTON, B.A., 33, Wilfred Street, Westminster, S.W.I

Bankers

MESSRS . COUTTS AND Co. , 440, STRAND , W.C.2

THE THIRTY-NINTH ANNUAL REPORT .

THE HE Council has pleasure in presenting to the members of the Catholic Record Society the Thirty-ninth Annual Report.

Volume XXXIX, Letters and Memorials of Father Robert Persons , S.J., edited by L. Hicks , S.J., wasdistributedto members in December, 1942. This volume is the first of the Letters and Memorials of Fr. Persons , S.J., and brings the series downto the year1588. Memberscan rest assuredthat theissue oftheremainder will be proceeded with as soon as circumstances permit Volume XL, the second volume of the Liber Ruber of the Venerable English College at Rome, was distributed to members in April, 1943. This volume continues the Annales Collegii and gives the Nomina alumnorum from 1631 to 1783. Like the first volume of Liber Ruberthe second volume was edited by Wilfrid Kelly, Ph.D. , assistedbyOlivia Littledale, Silvia Roxburgh,and IreneVaughan.

It is gratifying to note that, in spite of the difficult conditions ofthe times , we have been able to issue four volumes in less than four years In addition to the above, the following volumes have been produced and sent to members since 1939, viz , Volume XXXVII, Liber Ruber I (1940), and Volume XXXVIII, Registers of the Chapels Royal and of the Portuguese EmbassyChapel, 16621829 , Vol I Marriages (1941). The latter volume was editedby the late J. Cyril M. Weale, whose loss by death the Council so deeply deplores

No General Annual Meeting will be held this year as such a very considerable number of members of the Society are engaged onwar workor are in the Forces We also consider thatweshould do our part in reducing avoidable travel as the vital national interest requires this sacrifice. A General Meeting will be called as soon as the present national emergency ends, and itis possible to return to normal avocations

During the past year the Council has met regularly and only on one or two occasionshas it been necessaryto make use ofthe provision , resolved upon by the Council for the duration ofthe

ANNUAL REPORT

present emergency and referred to in our last Report, that a quorum of four would not be necessary and that two willsuffice . The Council, however, having regard to the necessity for curtailing travel in the national interest decided at their meeting in May that the volume of business now coming before them can be adequatelydealt withif they meet everytwo months . Urgent matters, if they arise, can be dealt with by correspondenceor by a specially convoked Council Meeting.

Captain William de Geijer has been asked by the Councilto be a Trustee of the Society in place of the late Major Francis J. A. Skeet, and he has kindly consented.

We record with deep regret the death of our principal patron, His Eminence Cardinal Hinsley, Archbishop of Westminster .

We also regret to chronicle the deathof two members ofthe Council, Major Francis J. A. Skeet, J.P. , F.S.A. , Trusteeof the Society, and Mr. J. Cyril M. Weale. Major Skeet was one ofthe original members ofthe Society and was on the Council in 1913 Mr. Weale was elected to the Council in 1932, and since that date was indefatigablein helpingwith the productionof volumes and with much of the routine work of the Society.

THE BURSAR'S STATEMENT

The Hon. Bursar begs to report the accession offourteennew membersthe Rev. E. M. Abbott, Messrs. B. H. Blackwell, the Rev. Oswald A. Kemball, S.J. , the Rev. John V. Simcox , B.A., D.C.L., Mr A. C. Southern, Mr. M. V. Sweeney, the Rev.Morgan V. Sweeney, the Rev. Leonard Elliott Whatmore , M.A., the Brothers of the Christian Schools, Cambridge, St. Edmund's College, Ware, Worth Priory, O.S.B., Campion House, S.J., Osterley, St. Wilfrid's, S.J., Preston, and the Carmelite Nuns , Chichester

The Bursar regrets to announce the following deaths: His Eminence Cardinal Hinsley, the Right Rev. John F. McNulty, Bishop of Nottingham, the Rev. Thomas Calderbank, Mr. George Victor Bellasis Charlton, Col. Raleigh Chichester-Constable, J.P. , Mr. C. George Neal Keogh, Mr. Francis M. Mulgrew, Major Francis J. A. Skeet, J.P., F.S.A., Mr. J. Cyril M. Weale.

It is also regretted that five members have resigned owing to the war. This leaves our membership at 337 as against 336 last year.

ANNUAL REPORT 7

In April, 1943 , the past achievements and recent publications of the Societywere brought to the notice of 46 County Libraries, 57 Oxford and Cambridge Librarians, and 29 Religious Houses. Members could facilitate this appeal by drawingthe attention of public libraries and private students to the work oftheSociety. In this connection and with a view to future publicationsthe Notices on page 23 of this Reportare commended toall members .

Mr. William Abel Pantin, M.A., F.S.A., of Oriel College, Oxford, has accepted election to the Council The retirement of members of the Council is suspended till the next General Meeting .

ROLL OF MEMBERS .

FFoundersonJune 10 , 1904 HHonorary Members. LLifeMembers

Abbott, Rev. E. M., St. Edmund's House, Cambridge . L. Adamson , Rev. Philip J., C.F. , SS . Catherine and Martina's Presbytery, Birkenhead Road, Hoylake, Wirral, Cheshire

Aelia, Bishop of, Right Rev. David Mathew , M.A., Litt.D., F.S.A., F.R.Hist.S., 22, Carlisle Mansions, Westminster, S.W.I

Albion, Rev. Gordon, D.Sc.Hist, B.A., F.R.Hist.S., St. John's Seminary, Wonersh, Guildford, Surrey.

Armstrong, C. A. John, M.A., F.R.Hist.S., Hertford College, Oxford

Ashburnham, The Lady Catherine , Ashburnham Place, Battle, Sussex

Baker, Thomas, 85, Charlotte Street, W.1

Bamber, Rev. Joseph Edward, St. Joseph's Presbytery, Sline Road, Lancaster .

Barrett, Rev. Thomas James , The Presbytery, Warley Hill, Warley, Brentwood , Essex

Bedingfeld , Sir Henry Paston, Bt., J.P. R.I.P.

Berkeley , Robert V., J.P., F.S.A. R.I.P.

Birmingham, Archbishopof, Most Rev. Thomas L. Williams, Archbishop's House, 6, Norfolk Road, Edgbaston , Birmingham

Blackwell, B. H., 50/51, Broad Street, Oxford, Blundell, Mrs. Francis N., Crosby Hall, Blundellsands , Liverpool. Bowler, Squadron LeaderRev. Hugh, O.S.B., B.A., Chaplain, R.A.F. Boyan, Mrs. P. A., St. Andrew's, Yelverton. Devon

Bradley, Rev.James, St.Marie'sPresbytery, Norfolk Street, Sheffield . Brentwood, Bishop of, Right Rev. Arthur Doubleday, Bishop's House, Brentwood, Essex.

Brown, Rev. Robert, S.J., St. Ignatius' College, South Tottenham, N. 15

Burton, Rev. Harold R.I.P.

Calderbank , Rev. Thomas R.I.P.

Callaway, Very Rev. Canon Joseph B., St. Joseph's Presbytery, 71 , Horace Street, Bolton, Lancs.

F , H Camm, Dom R. Bede, O.S.B., M.A., F.S.A. R.I.P.

Cardiff , Archbishop of, Most Rev. Michael McGrath, M.A., Archbishop's House , 24, Newport Road, Cardiff. Cardwell, Dr. Mary, Ashby House, Lightfoot Lane, Broughton, Preston, Lancs

Cartmell, Rev. Joseph, D.D., Ph.D., M.A., St. Mary's Presbytery, Market Street, Chorley , Lancs

Chadwick, Very Rev. Canon Alfred, St. Mary's, Alnwick, Northumberland

Chambers, F. W., K.S.G., M.A. , 20 Holmes Road, Twickenham , Middlesex .

Charlton, George Victor Ballasis R.I.P.

ROLL OF MEMBERS

Chichester-Constable, Colonel Raleigh, J.P. R.I.P.

LChristall,Very Rev.Canon Robert, 24HeathcoteRoad, Epsom,Surrey

Ciceri, Leo J., I St Mark's Crescent, Newport, Mon.

Clifton, Bishop of, Right Rev. William Lee , M.B.E., St. Ambrose , Leigh Woods, Bristol

Coldwell, George E. J., 17 Red Lion Square, W.C.1.

L Connolly, Very Rev. Canon James C. , St. Joseph's Presbytery, 48 Bugle Street, Southampton

Cuming, Miss Agnes, 11 WellesleyAvenue, Hull

Dalton, Mr. Justice Llewelyn C., c/o A. W. Innes, Esq , Richmond, Lodge, Lewes , Sussex

Daniell, Very Rev. Canon Edward M., Sacred Heart Convent, 212, Hammersmith Road, W.6

Dearlove , Group-Captain Cuthbert J.S., R.A.F. R.I.P.

Dearlove, G. J. Stanley, 4 Linden Avenue, Cardiff de Chambrun , La Comtesse ClaraLongworth, 58 , Rue de Vaugirard, Paris, 6, France.

Deeley, Perceval, c/o Messrs Sands & Co., 15 King Street, Covent Garden, W.C.2 de Geijer, Capt. William, Little Bowstridge , ChalfontSt. Giles, Bucks. de Hoghton, Sir Cuthbert, Bart , Hoghton Tower, Hoghton, Preston Lancs.

Dixey, John H., K.H.S., F.R.G.S. , 31, Welbeck Street , W.1

Doran, Rev. John, St. Joseph's Presbytery, Copnor Bridge, Portsmouth, Hants.

Duchemin , Rt. Rev. Mgr Charles, Collegio Beda, 67 via San Niccolò da Tolentino, Rome, 5. (Temporary address , St. Joseph's College, Upholland , nr Wigan, Lancs )

Eccles , Miss Alice, 49 Preston Road, Newtown, Longridge , nr Preston

Edmondstoune -Cranstoun, C. J., J.P., Corehouse, Lanark, Scotland. Ellison, Alfred Joseph, M.A., LL.M., 18 Old Buildings, Lincoln's Inn, W.C.2

Elwes, Very Rev. Mgr. Aubrey Valentine D., Chaplain, R.N.

F Engelbach, George Frederick R.I.P.

Evetts, Miss Margaret C. Bickersteth, 5 Lawrence Mansions, Lordship Place, Chelsea, S . W3

Eyre, Stanislas Thomas, J.P. , 13 Chesham Street, S.W.I. (Temporary address , " Westholme , " Kennedy Road, Kingsland, Shrewsbury.)

Eyre-Huddleston , Commander Reginald Francis , R.N. (retd ), K.S.G., Sawston Hall, Cambridge .

Eyston, Mrs. E., New House, Kingston Bagpuize, Berks

FitzAlan, Colonel The Viscount, K.G., G.C.V.O. , D.S.O., Cumberland Lodge, Windsor.

Fitzalan-Howard, Hon Miles, Carlton Towers, Snaith, Yorks

Fitzherbert, Captain Cuthbert, " Monks, " Chaddesley-Corbett, nr, Kidderminster, Worcestershire

Fitzherbert-Brockholes , Major John, M.C., Lofthouse , Claughton -onBrook, Garstang R.S.O., Lancs

Fletcher, J. Kyrle, 79 High Street, Newport, Mon.

Fletcher, Very Rev. Canon John R., 8 Hazlewell Road, Putney. S.W.15

ROLL OF MEMBERS

Fogarty, Philip Christopher , I.C.S., The Secretariat , Rangoon, Burma.

Fooks, Rev. E. Graham , B.A., Boringwheel , Horney Common , Uckfield, Sussex

Fooks, Rev. Thomas P. , Boringwheel , Horney Common , Uckfield , Sussex

Ford, Very Rev. Canon George, D.D., Ph.D., 30, Langstone Road , Beaconfield, Plymouth.

L Freeland, Rt Rev.Mgr. ProvostJohn R.I.P.

Furley, John T., Bole Cottage, Bucklebury Common , Berks

Gaisford-St. Lawrence , Thomas J., M.C., F.S.A., M.A., Howth Castle , co Dublin.

Geijer, Captain Eric N., M.C., B.A., F.S.A., Rouge Dragon Pursuivant of Arms. R.I.P.

Gibson, W. H. P., J.P., 49 North Side, Clapham, S.W.4

Gilbey, Rev. Alfred N., Fisher House, Guildhall Street, Cambridge

Gilbey, Capt John, Army and Navy Club, 36 Pall Mall, S.W.1.

Gilbey, William Gordon, Harrowden Hall, Wellingborough , Northants

Giles, Mrs. Francis T. , c/o Rev. Charles D. Goolden, Lee House , Longridge, Preston, Lancs

HGillow, Mrs. Joseph, Fyldeholme , Broad Lane, Hale, Cheshire.

Green-Armytage, Robert N., 5 Queen's Parade, Bath.

Guilday, Right Rev. Mgr , Ph.D., LL.D. , J.U.D., 1234 Monroe Street, N.E., Brookland, D.C. , U.S.A.

F Hansom , A. J. R., 110 Palace Gardens Terrace, Kensington , W.8

Henson, Rt. Rev. Monsignor Canon Edwin, Colegio de Ingleses, Valladolid, Spain

Hexhamand Newcastle, Bishopof, Right Rev. Joseph McCormack , Bishop's House, West Road, Newcastle-on-Tyne, 5.

Hicks, Rev. Leo, S.J., 114 Mount Street, W.1

L. Hope, CaptainGeoffrey A. E. , HaisthorpeHall, Driffield, E.R. Yorks. L Hornyold-Strickland, Henry, J.P., F.S.A., Sizergh Lodge, Kendal, Westmorland

Hull, Hubert, 4 Paper Buildings, Temple, E.C.4. Hutton, Edward, 114 Clifton Hill, St. John's Wood , N.W.8

Hyde, Rev. Bernard, 19 Bouverie Road, Stoke Newington, N . 16

Jeffcock , William Ph , F.S.S., High House , Little Bealings, Suffolk. Johnson, Basil Henry, 3 Artillery Mansions, 75 Victoria Street, Westminster , S.W.1

L Kean, Very Rev. Charles George, C.J., St. George's College, Weybridge, Surrey. Kemball, Rev. Oswald A., S.J., St. Joseph's, Chapel Street, Leigh, Lancs

L Kenyon, Major Joseph Robert, M.C., Gillingham Hall, Beccles , Suffolk.

F Keogh, C. George Neal R.I.P.

Kerr, Pilot Officer Philip W., M.V.O., F.S.A. , Rouge Croix Pursuivant of Arms. R.I.P.

Kerr, Mrs. Philip, Stoner Hill, Petersfield, Hants.

Lamb, Joseph Cuthbert, B.A. , Hayton House , How Mill, Carlisle, Cumberland

Lancaster , Bishop of, Right Rev. Thomas E. Flynn, Ph.D., M.A., Bishop's House, Cannon Hill, Lancaster

Leadbitter, Major Nicholas G., Flint House, Holcombe , near Bath, Somerset. Leeds, Bishop of, Right Rev. Henry J. Poskitt, D.D., J.C.L., M.A., Bishop's House, Weetwood Lane, Leeds , 6.

Lindsay, Hon. and Rev. Edward R., The CatholicPresbytery, Stone , Staffs

L Lindsay, Leonard C. C., F.S.A. R.I.P.

Liverpool, Archbishopof, Most Rev. Richard Downey, D.D., Archbishop's House, Woolton, Liverpool, S. Lloyd, Thomas O., Little Croft, Mortimer, Berks.

McGuirk , Very Rev. Canon John, V. F., Presbytery, Rathfarnham , Dublin

Macmillan, Right Rev. Mgr John, D.D., Ph.D. , Ven Collegio

Inglese, Rome, 116, Italy (Temporary address, St. Mary's Hall, Stonyhurst, Lancs ) L Macnamara , J. G., 33 Valentines Road, Ilford, Essex

McNulty, Rev. Joseph, B.A., F.R.Hist.S., All Saints' Presbytery, High Street, Golborne, Warrington, Lancs.

Magee, Brian, B . Com , A.C.A., 39 Park Avenue South, Crouch

End, N.8

Mahoney , Very Rev. Canon Edward J., D.D., North Lodge, Poles, Ware, Herts.

Menevia, Bishop of, Right Rev. Daniel Joseph Hannon, Bishop's House, Wrexham, Denbighshire

Middlesbrough , Bishop of, Right Rev. Thomas Shine, Bishop's House, Middlesbrough , Yorks

Moorat, Samuel, 25 PembrokeGardens, Kensington, W.8.

Moore, Very Rev. Canon Bernard, St. Austin's, Stafford

Mott, Miss Agnes, Woodlands Cottage , Stour Way, Christchurch, Hants

Mulgrew, Francis M. R.I.P.

Newdigate , Bernard H., Foxcombe Heath, Boars Hill, Oxford

H Newdigate , Rev. Charles A., S.J. R.I.P. L Nicopsi, Archbishop of, Most Rev. Joseph Butt, DownsideAbbey, Stratton-on-the-Fosse, near Bath.

Norfolk, The Dowager Duchess of, Everingham Park, York.

Norfolk, The Duke of, E.M., K.G., Arundel Castle, Arundel, Sussex Northampton, Bishop of, Right Rev. Thomas Leo Parker, M.A., Bishop's House, Northampton. Nottingham, Bishop of, Right Rev. John F. McNulty, M.A. R.I.P.

O'Connell, Rev. Sir John R., K.C.S.G., LL.D., Artillery Mansions, 75 Victoria Street, Westminster , S.W.I. (Temporary address , The Brockenhurst Hotel, Brockenhurst, New Forest, Hants.)

O'Connor, Rev. Arthur J., M.C., H.C.F., St. Joseph's Presbytery, Mary Street, Audley, Blackburn , Lancs.

O'Driscoll, Very Rev. Benet , O.P., Provincial, St. Dominic's Priory, Haverstock Hill, N.W.5 .

O'Farrell, Very Rev. Canon Francis , O.B.E., C.F. R.I.P.

LO'Mahony, Eoin, K.M., Dún Locha , Dubhghlas , Corcaigh, Eire.

Pantin, William Abel, M.A., F.S.A., Oriel College, Oxford

Parisotti, Rev. Albert , O.B.E., S.C.F., c/o Headquarters , Northern Command

Petit, Rev. John E., M.A., St. Edmund's House , Mount Pleasant, Cambridge .

Petre, Henry, D.S.O., M.C., 8

Carlos Place, Grosvenor Square, W.1

Petry, Rev. Denis J., 25 The Avenue , Braintree, Essex

Pilkington, Charles Edward Nigel, 8A , Gwendwr Road, W . 14

Plymouth, Bishop of, Right Rev. John Barrett, Bishop's House , Cecil Street, Plymouth. (Temporary address, Stoodley Knowle Convent , Ilsham, Torquay.)

Portsmouth, Bishop of, Right Rev. William Cotter R.I.P.

Portsmouth, Bishop of, Right Rev. John HenryKing, B.D., Ph.D., Bishop's House, Edinburgh Road, Portsmouth. (Temporary address 29 Jewry Street, Winchester .)

Quinlan, Rev. David, St. Wilfrid's Rectory, High Petergate, York.

Radcliffe , Roger C. J., Scale House, Settle, Yorks

Reynolds, Major James R., Leighton Hall, Carnforth, Lancashire.

Riddell, Edward Charles, J.P. R.I.P.

Riddell, John Cuthbert Widdrington, SwinburneCastle, Barrasford, Hexham , Northumberland.

Riddell-Blount, Major Edward Francis, J.P., Cheeseburn Grange, Newcastle -on-Tyne

Robertson , Charles, K.S.G., Orchard Farm, Begbroke, Oxford

Robo, Rev. Etienne, Catholic Presbytery, Tilford Road , Farnham , Surrey

Roch, Hon Mrs. Walter, Llanarth Court, Raglan, Mon.

Salford, Bishop of, Right Rev. Henry Vincent Marshall, Wardley Hall, Worsley, Manchester .

Sandwell, Rev. Alfred, 13 Verulam Road , Churchtown, Southport, Lancs

Scanlan, Very Rev. Mgr. James, D.C.L., B.L., St. Vincent's House , 49, Queen Street, Hammersmith, W.6

Scantlebury, Rev. Robert Elliott, St. James's Presbytery , Abbey Ruins, Abbot's Walk, Reading , Berks

Schomberg, Lieut -Colonel Reginald C. F., D.S.O., Ross, Herefordshire

Scrope, Richard C., Brooks's Club, St. James's Street, S.W.1.

Sharrock, Very Rev. Canon Thomas, Our Lady and St. Hubert's, St. Hubert Street, Great Harwood, Blackburn, Lancs

Shaw, James F., J.P., Bourton Hall, Rugby, Warwick.

Shrewsbury , Bishop of, Right Rev. Ambrose Moriarty, The Council House, Shrewsbury .

Simcox, Rev. John V., B.A., D.C.L., St. Richard's, Buntingford, Herts

Skeet, Major Francis J. A., J.P., F.S.A. R.I.P.

F Smith, John Peter, J.P. R.I.P.

Smith, William Abbey, J.P., Rosebery Villa, Hutton Avenue, West Hartlepool, co. Durham

Smith, Rev.William Vincent, St. Joseph's Presbytery, Castle Bank Tow Law , Bishop Auckland, co Durham.

Southern, Alfred C. , 18 Eastcliff Road, Tunbridge Wells.

Southwark, Archbishop Bishop of, Most Rev. Peter E. Amigo, Bishop's House, St. George's Road, Southwark, S.E.1

Stafford, Admiral The Lord, K.C.B. R.I.P.

Stafford, The Lord, Swynnerton Park, Stone, Staffs.

L Stearns, Foster, K.M., "Gemini, " Hancock, New Hampshire, U.S.A.

Stewart, Walter Arnold, c/o Messrs. Sands & Co., 15 King Street, Covent Garden, W.C.2

Sumner, Francis G., J.P. R.I.P.

L Sumner , Rev. Francis J., Hampton-on-the-Hill, Warwick.

Sumner, Mrs. Norma, Orchard Lodge, Avon Dassett , Warwickshire.

F Sutcliffe, Very Rev. Canon William Ormond, M.A., 23 , Magdalen Road, St. Leonards -on-Sea , Sussex.

Sweeney, M. V., 26 Dobcroft Avenue, Sheffield, 7.

Sweeney, Rev. Morgan V. , 21 Wilmer Drive, Heaton , Bradford .

Tacchi -Venturi, Rev. Pietro, S.J., Piazza del Gesù 45, Rome 117 , Italy.

L Toke, LeslieA. St. L., Bucksford, Great Chart, Ashford, Kent

Trappes-Lomax , Major Michael Roger, A.G. 2 , G.H.Q., M.E.F.

Trappes-Lomax, Brig -Gen Thomas Byrnand, Guards Club, Brook Street, W.1.

Turnbull, Francis Harold, K.C.S.G., O.B.E., J.P. R.I.P.

Turville-Petre, Colonel Oswald, J.P., B.A. R.I.P.

Undreiner , Rev. George J., Ph.D., Pontifical College Josephinum, Worthington, Ohio, U.S.A.

L Vaughan, Colonel Charles Jerome, O.B.E., D.L., J.P. , Courtfield, Ross, Herefordshire

Vaughan, Paymaster-Commander Herbert R. H., R.N., Nantymwyn, Rhandirmwyn, Llandovery, Carmarthenshire .

Waring, Rev. Cuthbert L., M.A., 16, Maryland Street, Liverpool.

Weale, J. Cyril M. R.I.P.

Weld, Francis Joseph, 32 Weld Road, Birkdale, Southport, Lancs. Westminster, CardinalArchbishopof, His Eminence Arthur Hinsley, D.D., B.A. R.I.P.

Whatmore, Rev. LeonardElliott, M.A., 142 RodneyRoad, London , S.E. 17

Wheeler, George A., 64 Great Russell Street, W.C.I

Wheeler, Rev. Gordon, St. Edmund's Presbytery, Lower Edmonton , N.9.

White, Thomas , 17 Brynhyfryd Road, Stow Hill, Newport, Mon. L Whitfield , Rev. Joseph L., M.A., D.S.O., CatholicRectory, Southendon-Sea , Essex . Williamson, Cuthbert A., Downlands, Fort Road, Guildford, Surrey.

FWilliamson George Charles, Litt.D., J.P. R.I.P.

Willson, Very Rev. E. Hilary, O.S.B., Presbytery, Oulton Abbey, Stone, Staffs .

L.Wilson, Very Rev. Canon Michael J., 35, London Road, Chelmsford , Essex.

Wilton, R. Cecil, B.A., BedingfieldHouse, Needham Market, Suffolk. Woodruff, John Douglas, 379 Park West, W.2. Woods, Raymond E. M. , 47 Weighton Road, Harrow Weald, Middlesex

Young, Smelter Joseph, Richmond Park, near Sheffield

PUBLIC LIBRARIES AND INSTITUTIONS

(a) BRITISH ISLES

Aberdeen, The University Library

Aberystwyth , The National Library of Wales

Barrow-in-Furness , The Public Library

Birmingham, The Public Library

Blackburn , The Public Library

Bolton, The Public Library

Bristol, The Central Library

Cambridge, Peterhouse College Library

The University Library

Cardiff, The Public Library

Derby, The Public Library

Dublin, The National Library of Ireland

Trinity College Library

Durham , The University Library

Edinburgh, The Public Library

The Signet Library

Glasgow, The Corporation Public Library

The UniversityLibrary

Hull, The Public Library

Lancaster, The Public Library

Leeds, The Central Library

Liverpool, The Public Library

The University Library

London, The Society of Antiquaries

The British Museum Library

The Catholic Central Library

The College of Arms

Constitutional Club Library

Fulham Public Library

The Society of Genealogists

The Guildhall Library

Hendon Central Public Library

The Institute of Historical Research

Kensington Central Library

The London Library

The Public Record Office

The Royal HistoricalSociety

London University Library

Westminster Public Library

Wimbledon Public Library

H

Manchester , The Victoria University

The Public Library

The John Rylands Library

Middlesbrough, The Public Library

Newcastle-on-Tyne, The Public Library

Oxford, The Bodleian Library

Portsmouth, The Central Public Library

Preston, The Free Public Library

The Lancashire County Library

Reading, The Public Library

Sheffield, The Public Library

The UniversityLibrary

Southampton, The Central Public Library

Stockport, The Public Library

Wallasey, The Earleston Central Library

Wigan, The Free Public Library

York, The Public Library

(b) ABROAD

AUSTRALIA .New South Wales Public Library, Sydney Public Library of Victoria, Melbourne

CANADA .Canadian Parliament Library, Ottawa

DENMARK .The Royal Library, Copenhagen

FRANCE .Bibliothèque Nationale, Paris

Bibliothèque Nationale et Universitaire, Strasbourg

GERMANY .Bavarian State Library, Munich

Göttingen University Library, Hanover

Prussian State Library, Berlin

ITALY .Biblioteca Apostolica Vaticana, Città del Vaticano

UNITED STATES .New York State Library, Albany, N.Y.

The Peabody Institute, Baltimore, Md

California University Library, Berkeley, Cal.

Boston Public Library, Mass .

New England Historic Genealogical Society, Boston , Mass.

Harvard University Library, Cambridge, Mass .

Newberry Library, Chicago, Ill

University of Chicago Libraries , Ill.

Cleveland Public Library, Ohio

Wisconsin State Historical Society, Madison, Wis

Michigan University, Mich.

Minnesota University Library, Minneapolis, Minn

New York Historical Society, New York City, N.Y.

New York Public Library, New York City, N.Y.

University of Notre Dame, Notre Dame, Ind

Pennsylvania Historical Society, Philadelphia, Pa

Pennsylvania University Library, Philadelphia, Pa

Princeton Theological Seminary Library, N.J.

Henry E. Huntington Library and Art Gallery, San

Marino, Cal

Library of Congress, Washington, D.C.

Yale University Library, New Haven, Conn .

DIOCESAN ARCHIVES AND COLLEGES .

(a) BRITISH

ISLES.

Birmingham .St. Mary's College,Oscott

Cambridge .St Edmund's House Library, Mount Pleasant

Glasgow . St. Peter's College, Bearsden , Glasgow

Maynooth.St Patrick's College, co Kildare , Ireland

Strawberry Hill, Twickenham .St Mary's College

Upholland, nr Wigan, Lancs.St. Joseph's College

Ushaw, co Durham .St Cuthbert's College Library

The Students' Library, St. Cuthbert's College

Ware, Herts .St. Edmund's College

Wonersh, nr Guildford, Surrey.St John's Seminary

(b)

ABROAD

Italy .Collegio Beda, Rome. (Temporary address, St. Joseph's College, Upholland, nr. Wigan, Lancs.)

Ven Collegio Inglese, Rome (Temporary address, St. Mary'sHall, Stonyhurst , Lancs)

Spain. Colegio de Ingleses , Valladolid

RELIGIOUS ORDERS AND CONGREGATIONS

Augustinians (C.R.L.) .-

(a) BRITISH

ISLES

St. Mary's Priory, Bodmin , Cornwall

St. Peter-in-Chains Priory, Hornsey, London, N.8

Augustinian Nuns .Priory of Our Ladyof Good Counsel, Hayward's Heath , Sussex

Benedictines (O.S.B .) .-AmpleforthAbbey, Malton, Yorks

Belmont Abbey, Hereford

Buckfast Abbey, Buckfastleigh, Devon

Douai Abbey, Woolhampton, nr. Reading

Downside Abbey, Stratton-on-the-Fosse, nr Bath

Fort Augustus Abbey, Inverness

Prinknash Abbey, Gloucester

Quarr. Abbey, Ryde, Isle of Wight

Worth Priory, nr Crawley, Sussex

Benedictine Nuns.-St. Mary's Abbey, East Bergholt, nr Colchester , Essex (Temporary address, St. Mary's Abbey, Stanbrook, Worcester .)

St. Mary's Abbey, Little Haywood, Colwich, nr. Stafford

St. Mary's Abbey, Oulton, Stone, Staffs

St.Mary's Abbey, Stanbrook, Worcester

St. Scholastica'sAbbey, Teignmouth, Devon

Brothers ofthe Christian Schools .La Salle House, 7 Brookside, Cambridge F Bridgettine Nuns (O.SS.S ) .-Syon Abbey, South Brent, Devon

CarmeliteNuns (O.C.D .).--LanherneConvent,St.Mawgan,Newquay, Cornwall

The Convent, Hunston Road, Chichester , Sussex

Carthusians (O. Carth ).Charterhouseof St. Hugh, Parkminster, Partridge Green, Horsham , Sussex

Cistercians (O.C.R .) .-

Dominicans (O.P . ) .-

Mount St. Bernard's Abbey, nr Coalville, Leicestershire

St. Thomas's Priory, Hawkesyard, Rugeley, Staffs

St. Albert the Great's Priory, Edinburgh

St. Dominic's Priory, Haverstock Hill, London, N.W.5

St. Dominic's Priory, Red Barns, Newcastle-on-Tyne

Blackfriars, Priory of Holy Ghost, Oxford

RELIGIOUS ORDERS AND CONGREGATIONS

Franciscans (O.F.M.).St. Bonaventure's, Cambridge

The Friary, Forest Gate, London, E.7

The Friary, Fox Street, Liverpool (O.S.F.C . ) .Greyfriars, Grosseteste House, Oxford 19 Franciscan College, Over Wyresdale, Bay Horse , Lancaster

Franciscan Nuns (O.S.F .) .-

Convent of Our Lady of Dolours, Taunton, Somerset

Institute of Charity (I.C .) .Ratcliffe College, nr Leicester

Jesuits (S.J . ).Beaumont College, Old Windsor, Berks

Very Rev. the Father Provincial, Dublin

Heythrop College, Chipping Norton , Oxon

St. Francis Xavier's, Liverpool

Manresa House, Roehampton, London, S.W.15 " The Month , " 31, Farm Street, Berkeley Square, London , W.I

Mount St. Mary's College, Spinkhill, nr Sheffield

Campion Hall, Oxford

Campion House, Osterley, Isleworth , Middx

St. Beuno's College, St. Asaph, Flint

St. Ignatius, Preston, Lancs.

St. Mary's, Lowe House, St. Helens , Lancs

St. Wilfrid's, 1 Winckley Square, Preston, Lancs

Stonyhurst College, Blackburn, Lancs

Wimbledon College, London, S.W.19

Notre Dame Nuns.--Ashdown Park Convent, Coleman's Hatch, East Grinstead, Sussex

Oblates of St. Charles (O.S.C.) .St . Mary of the Angels, Bayswater, London, W.2

Oratorians .The Oratory, Edgbaston, Birmingham

The Oratory , South Kensington, London, S.W.7

Passionists (C.P . ) .St. Anne's Retreat, Monastery Lane , Sutton, St. Helens , Lancs

Redemptorists (C.SS.R .).St Mary's, Clapham, London, S.W.4

Religious of St. Andrew, Holmwood, Garlands Road , Leatherhead , Surrey

Sacred Heart Nuns .Roehampton Convent, London, S.W.15

Sepulchrine Nuns (C.R.S.S.) .New Hall, Chelmsford, Essex. (Temporary address, Newnham Paddox , Rugby.)

Servites (O.S.M . ).St Mary's Priory, Fulham Road, South Kensington, London, S.W.10

Visitation Nuns.Visitation Convent, Harrow , Middlesex

(b) ABROAD .

Belgium.

Augustinian Nuns (C.R.L . ) .Le Couvent Anglais, Bruges Jesuits (S.J . ).Société des Bollandistes, Brussels

United States

Dominicans (O.P . ) .The Archives Library, Dominican House of Studies, 487, Michigan Avenue, N.E., Washington, D.C.

Jesuits (S.J . ).St Louis University Library, Mo.

Georgetown University , Washington, D.C.

College of the Holy Cross, Worcester, Mass Sacred Heart Nuns.- Manhattanville College of the Sacred Heart , New York , N.Y.

TEN YEARS' OBITUARY .

1933

Hook, Rt Rev. Mgr Paul, Ph.D., 7 March, æt. 51.

F Harting, Miss Johanna H., 11 March, æt 87.

Trotman, John W., 27 April, æt 65

Quick, Joseph L., 12 May, æt . 84.

Clarkson , William, 10 Aug., æt. 64.

Giles, Francis T., 13 Aug., æt. 75 .

Wake, Philip Kenyon, K.S.G. , 23 Sept., æt. 80

Treowen, Major-General the Lord, C.B., C.M.G., 18 Oct., æt 82.

Piercey -Taylor-Smith, J.P., Mrs. M. E., 19 Nov., æt 68 .

Hayward, Very Rev. Provost Francis M., 23 Nov., æt 76 .

1934

Martin, Mrs T. E., 20 Jan., æt . 75 .

Petre, Sebastian Henry, 21 Feb. , æt. 77 .

Carnegie, John, B.A., 7 March, æt 77 .

Baigent, Richard Coventry, F.R.Hist.S., 17 March, æt 75

F Knill, Alderman Sir John , Bt , K.C.S.G. , 26 March, æt 77

Gray, Very Rev. Canon John , 16 June, æt 68

Gorham , James John, M.A., M.D., J.P., 23 June, æt. 83.

Baker, Thomas, 22 Aug., æt 83 .

Brown, Right Rev. Mgr Canon William Henry, 27 Aug. , æt 82.

Cotton, Rev. John, D.D., 10 Sept., æt. 65.

Urquhart, Francis Fortescue, 18 Sept., æt 66

Arundell of Wardour, Right Hon Anne Lucy Lady, 24 Oct., æt. 92 .O'Mahony, Daniel John, K.M., I Dec., æt. 74 . Singleton, Right Rev. Hugh, 5th Bishop of Shrewsbury , 17 Dec.. æt. 83.

1935

F Bourne, His Eminence Cardinal Francis, 4th Archbishop of Westminster , 1 Jan., æt. 73

Vaughan, Rt Rev. Francis , 2nd Bishop of Menevia , 13 March, æt . 57 .

Shepherd, Very Rev. Canon Francis , 14 May, æt 69.

Dolan, Very Rev. Canon Oswald, V.F., 29 May, æt 74

Spurrier, Alfred Henry, M.D., C.M.G., O.B.E., 5 July, æt 73 .

Milner, Rev. Henry F., 6 Aug., æt 70. Sands, William Henry Bethune , 30 Aug., æt. 69. FL Vaux of Harrowden, Hubert, 7th Lord, M.A., 25 Oct., æt 75. HJerningham, Sir Henry S. , Bart , J.P., 20 Dec., æt. 68 .

1936

Quinn, Augustine, J.P. , 4 Jan., æt 87 .

Cowgill, Right Rev. Joseph Robert, 4th Bishop of Leeds, 12 May, æt 76

Trappes -Lomax, Major Richard, J.P. , 24 June, æt 66

Baines, Miss Rose, 26 July, æt 76

Thorman, Rt Rev. Joseph, 7th Bishopof Hexham and Newcastle, 7 Oct., æt 65

Blundell, Captain Francis Nicholas , J.P. , D.L., 28 Oct., æt. 56

Scrope, Stephen FrancisEustace, 14 Dec., æt. 64 .

1937

Bouvet, Very Rev. Emile, O.S.B., Prior of Quarr Abbey, 12 Jan., æt. 64 .

Bartlett, Joseph Henry, 14 Jan., æt. 76

Beaumont , Ethel Mary, Lady, 19 Jan. , æt 72

Woodruff, Mrs. Emily Louisa Cumberland , 17 May, æt 78 .

Catterall, Very Rev. Canon John H., 14 June, æt 65

FL Woollan, Joseph Henry, 12 July, æt 67 .

F Hall, Right Rev. Mgr Canon Francis John, V.F., 6 Oct., æt. 76 .

Baterden, James Rae, 7 Oct., æt 85

FL Riddell, Cuthbert David Giffard, J.P. , 16 Oct., æt 69. Gainsborough , Mary, Countess of, 17 Nov., æt 82

Radcliffe, Charles A. F. , 15 Dec., æt 76

1938

Noble, Sir John Henry Brunel, Bart , 8 Jan., æt. 72

Mackin, Rt. Rev. Mgr. Provost Henry, B.A., 7 Feb. , æt 72 .

Parker, Colonel John W. R., C.B., J.P., F.S.A., 24 Feb., æt. 80

Anderton, Henry Philip John Ince, 7 March, æt 57.

Nixon, Rev. Raphael, C.P., 23 March, æt 73 . Cox, Rt. Rev. George Bede, O.S.B., Abbot of Glastonbury, 29 April, æt 84 .

Henshaw , Right Rev. Thomas, 5th BishopofSalford, 23 Sept., æt 65. Milton, Rev. Anthony, 19 Oct., æt 44 . Carter, Very Rev. Canon Thomas Walmsley, 19 Nov., æt. 71 .

Pearson, Right Rev.Thomas Wulstan, O.S.B., 1st Bishop ofLancaster , I Dec., æt 68 .

McCabe, Right Rev.Mgr. Bernard J. Provost, V.G., 8 Dec., æt 8o. Vonier, Right Rev. Anscar, O.S.B. , Ph.D. , Abbot of Buckfast, 26 Dec. , æt. 63 .

1939

L

Sheldrake , Willie, 15 Feb., æt 83

Goodier, Most Rev. Alban, S.J. , Titular Archbishop of Hierapolis, 13 March, æt 69

Wilcox, George, 28 March, æt 75

Matthews, Right Rev. James Joseph Edmund, O.S.B., M.A. , Abbot of Ampleforth, 7 April, æt 68 . Carus, Alexander Hubert, J.P., 19 Aug., æt 68.

L Sheldrake , Harry James, 12 Sept., æt. 81

Bedingfeld , Mrs. Katharine Gregory Paston, 13 Sept., æt. 78

Mostyn, Most Rev. Francis Joseph, K.M., 2nd Archbishopof Cardiff, 25 Oct., at 79

Youens, Right Rev. Lawrence , 6th Bishop of Northampton, 14 Nov., æt . 65 .

1940

O'Toole, Rev. Patrick, I Feb., æt 77.

La Mothe-Houdancourt, Elisabeth Jeanne Thérèse Marie Duchesse de, 4 Feb., æt .

Gainsford , William, 8 March, æt 64 .

Turnbull, Francis Harold, K.C.S.G., O.B.E., J.P., 27 June, æt 59

L Callaway, Rev. Thomas, 4 July, æt 68 .

Berkeley, Robert Valentine, J.P., F.S.A., 14 Aug., æt 87 .

Riddell, Edward Charles, J.P. , 17 Sept., æt. 73 .

Cotter, Right Rev. William Timothy, 3rd Bishop of Portsmouth , 24 Oct. , æt 73

L Freeland , Right Rev. Mgr Provost John, 7 Dec. , æt. 79 .

Roskell, Robert Nicholas, 20 Dec., æt 68

1941

Geijer, Captain Eric Neville, M.C., B.A., F.S.A. , Rouge DragonPursuivant of Arms, 14 Jan. (on active service), æt. 46.

Kerr, Pilot Officer PhilipWalter, M.V.O., Rouge Croix Pursuivant of Arms, K.M., F.S.A. , 10 Feb. (on active service), æt. 54.

Sumner, Francis George, J.P., 16 Feb., æt 74 .

Bedingfeld , Sir Henry Edward Paston, Bart , J.P., 18 May, æt . 8o.

F Smith, John Peter, J.P., 19 May, æt 77 .

Turville -Petre, Colonel Oswald Henry, B.A., D.L., T.D., J.P., K.M. , 16 June, æt. 79.

Stafford, Admiral Edward Stafford Joseph, K.C.B., 13th Lord, 28 Sept., æt 77.

Lindsay, Leonard Cecil Colin, 15 Oct., æt 84.

Dearlove, Group-Captain Cuthbert J. S., R.A.F., 30 Nov. (on active servive), æt 44 .

1942

F Engelbach, George Frederick, 11 Feb., æt 84 .

O'Farrell, Very Rev. Canon Francis , O.B.E., C.F., 2 April, æt. 73

H Newdigate , Rev. Charles A., S.J., 6 June, æt 79.

FWilliamson, George Charles, Litt.D., J.P. , 4 July, æt 84

FH Camm , Dom R. Bede, O.S.B., M.A., F.S.A. , 9 Sept., æt 78

Burton, Rev. Harold, 27 Sept., æt. 69 .

Weale, J. Cyril M., 20 Nov., æt. 84 .

Chichester-Constable, Col. Raleigh, J.P.

1943

Skeet, Major Francis J. A., J.P., F.S.A., 9 Feb. , æt 73 .

Calderbank , Rev. Thomas, 19 Feb., æt. 53

Keogh, C. George Neal, 13 March, æt 95.

Hinsley, His Eminence Arthur Cardinal, D.D., B.A. , 5thArchbishop of Westminster, 17 March, æt. 77 .

Mulgrew, Francis M., 10 April,

McNulty, Rt Rev. John , F. M.A., 6th BishopofNottingham,8 June, æt. 63 . Charlton, George Victor Bellasis ,

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THIS IS A CODICIL to the last Will and Testament dated. of me: in the county of....

I give to the Bursar of the Catholic Record Society of London the sum of pounds, free of all duty, and to be payable primarily out of my personal estate, to be applied to the general uses and purposes of the said Society. And I declare that the receipt of the Bursar or other proper officer forthe time being of the said Society shall be a sufficient discharge for the same . As witness my hand this day of.... 19 .

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