Blacklo's Cabal discovered in severall of their letters clearly expressing designs inhumane against regulars, vniust against the laity, scismatical aganist [sic] the Pope, cruel against Orthodox clergy men and ovvning the nullity of the chapter, their opposition of Episcopall authority / published by R. Pugh ...

Epist 51.

29. July 1667.

My Lord

This day only I received your Lordship's civill Letter in one from Monsieur Tilier, to whom I am extreamely obliged for his civility & curtesyes towards me, in so much that I beleive with the helpe of your Lordship's interest my pe∣tition presented to his most Christian Majes••y, & the Queen in order to this Community may find the successe we desire. As to the Information your Lordship mentioneth, ••y Let∣ter to Mr. Cl••fford, & Mr. Carre will doubtlesse afford fullnesse of satisfaction vnto your Lordship, & our good frend Dr. Gough. As to my proceedings to expulsion, truly tis not in my power to expell a. any Alu••••us without expresse order from the Cardinalls of the Congregation de Propaganda side, to whom I have not hitherto writ, In order to the faction b. Mr. Blacklows spirit (which is crept into this family) has raysed to expell me, if it had power enough, & really I wish it had, for these 15. yeares I have beene tormented with it, & would esteeme my selfe happie to be separated, as far, as R••me from it: & to that Purpose I have for 2. yeares, & more Solicited our Protector, & the sore sayd Cardinals; but now my design is to goe thither my selfe, since Letters will not prevayle. Vrget pras••ntia T••••ni. The enclosed c. is the paper I offred to be subscribed, & twas rejected. Then I desired of our spirited two ghostly Fathers, which be the heades of the Faction, to refer themselves to your Lordship, Dr. Gough, Mr. Clifford, & Mr. Carre. And 'twas replyed saying will they refer themselves to the Chapter. Which reply did much displease me. Nevertheless some two days after, they signified

vnto me, that they were content to refer themselves, and write to Mr. Carre vnto that effect: but doubtless they have not, for they are pinch'd with the paper, & seeke evasion after Evasion. This day they offred to take the oath of Pius 5. Pope which importes a Profession of Catholick Faith. To which I ans••ered that I had order from the court of Rome to keepe out Mr. VVhites d. spirit out of the house; but not to offer them Pius 5. Oath. Yet I wish them to write to the Cardi∣nals, & if that would content theire Eminences, it should con∣tent me. They be at their wits end, & can invent noe lye, nor plausible evasion for their preservation. And this day they endeavoured to make a quarrell, e. saying I called them Schis∣matickes, for refusing to subscribe the paper. I ans••ered I did not call them Schismaticks, but that they would be esteemed for such. And wi••hed them to consult the cheife Doctors of our Vniversity, who I assured me would wonder they should refuse such a paper, & judge it an argument of a Schismaticall spirit. This is all I have to say at present in order to your Lordship's civil letter: relying on your Lordship's goodnes, that you will be pleased to peruse what I have sent to Mr. Clifford, & Mr. Carre, that is my owne letter, thô disorderly with my letter directed to the Chapter, in answer to one they writ me, & Mr. Gage his Letter writ me from Rome, when he was Agent there: & thereby judge how prudently my sayd Letter to the Chapter was made the ground of a Faction. I professe f. to your Lordship sincerely I had nothing before my eyes, but an earnest desire of a good intelligence with the Sea Apostolick, & thereby vnion amongst our selves: which will never be, if we continue in this g. Schismaticall exerc••se of authority & Iurisdiction. I say Schismaticall, which I have al∣ways a fore concealed: & I thus demōstrate it to your Lordship.

h. Our Bishop of Calcedon was only Delegatus habent eam p••testatem & Iurisdictionem in Regnis Angliae, & Sco iae, quam habent Ordinarij in suis civitatibus, & Diaecesibus. And the Pope as appeares by his Breve conferd on him this power of an

Ordinary, & consequently this Ordinary Power was a Personall Grace, which of necessity expired with him. Which our last worthy Bishop knew i. well: for some yeares before his death, he ordered me, his Grand Vicar, as also Mr. Clifford, to confer facultyes to the cheife of our Clergy, saying: when I am dead, I knew not how they will come by them. And therefore thought fitting to give them, when he was alive, & in power. Out of these premisses it is Evident, that the Chapter did not succedere in ordinaria Iurisdictione Episcopi defuncti: that Ordinary Iurisdiction in him being a Personall Grace, that of necessity ex∣pires, the Bishop dying. This is the doctrin of all Catholick, Orthod••x Doctors. But now let vs suppose this ordinary power did not expire in the death of the Bishop; & suppose also that his Chapter had been Confirmed, & consequently did succedere in hac petestate Ordinariâ, nevertheless though it were a Chapter as good & valid, as that of S. Peters at Rome, or as that of our Ladys Church at Paris, it could not succedere l. in Episcopi autheritate, & Iurisdictione extraordinariâ, that is such a Chapter could not lawfully exercise their Bishops Facultyes extra sortem, granted by the Pope, vnless his Holiness gave express leave thereunto: & without his sayd Holiness Leave, & ap∣probation such exercising of such Facultyes is Schismaticall, er∣roneous, & Sacrilegi••us. But our Deane & Chapter exercise our Bishops exterordinary Facultyes, give our Bishops exterordinary Facultyes, & make Vicars, & Arch-Deacons as many as they please, without his Holiness Leave, having never asked of him either ordinary, or exterordinary Facultyes. When in England I de∣manded of the Deane, Dr. VVarren allias Ellis, m. quá auctoritate, quâ Conscientiá he could give exterordinary, or indeed any Facultyes? he replyed, the Pope could not but know what they did: & that was Sufficient. My Lord, how deplorable it is, that such a Clergy, as we are, should have no better authority & Iurisdiction, as to exterordinary Facultyes, then what is presumtive, & inter∣pretative onely, Deus bone in quae tempora s••ruastinos! The thought n. of this has given me often a sad heauy heart: & my Lord

I will dy o. rather then breed my Children to swear Obe∣dience to such a Chapter: but the two Confessarij; which have sworn obedience p. vnto it, as I am now (too late) cer∣tainly informed, have gained the greatest part of my young Priests, & Divines, to side with the Chapter. My Lord I have now intrencht on your Lor••ships Patience: & therefore beg your pardon, & swear Obedience to your Lor••ships com∣mands, who am in all cordiall manner

My Lord

Your honours most humble & obedient serva••t Geo. Leybourne.

Haec raptim.

I would willingly write my Letters twice over,

but truly my hand shakes, & I am ould.

The writing offered to be subscribed sent with this Letter. Infrascripti Praeses, Profess••res, & Officiales Pontificij Collegij Duaci declaramus nos esse paratos acceptare, & stontanèe, & libenter amplexari eam autoritatem, & Iurisdictionem▪ qu••n sa••ctissimus Dominus Noster Clemens 9. Papa assignavit, & cersti••it pro Regimine Cleri Secularis in Angliâ.

Notes

• a.

  That Power was taken from the Presidents of Doway, Colledge by a decree of the Congrega∣tion de Propa∣gandâ, anno 1662.
• b.

  Seditious practices of Blackloists a∣gainst their Superiours.
• c.

  It follows this Letter.
• d.

  Blacklos.
• e.

  They talke of Peace, yet hate it, & banish it from all places, where they prevaile seek∣ing quarrels, as little a∣greing with their brethren as with others.
• f.

  Dr. Ley∣bourne's sin∣cere intentions for the pub∣lick good frustrated by the Chapter Faction.
• g.

  Thi is most certain.
• h.

  Reasons, why the pretended Chapter's Authority cannot subsist. 1. The Late Bishop of Calcedon had no power to establish the Chapter.
• i.

  The Bi¦shop him∣self judged the Chapter to have no power ca∣nonical.
• l.

  A third reason of illegality of the Pretended Chapter's proceedings, their vsurping without any grant from Rome, or colour of law, the extraordinary Facultys granted by a special deed to the late Bishop. To which no Chapter how Canonical soever, ever pretended.
• k. A second reason of the nullity of the Chapter: all Doctors condemne it, Dr. Ley∣bourn after the sayd Bishop's Death con∣sulted the ablest Doc∣tors of Divinity, & Can••n-Law cōcerning the pretended Chapter: who a•• vnan••mus∣ly (thô vn∣knowne to one another) an∣swered, that the Chapter was Null: which he here hints at. Nay the chief Canons know this nullity, as appeares by the Letter of Mr. Fitton to Sir K. D. 11. Octob. 1647. & the Petition of the Agent of the Clergy, which follows it.
• m.

  Dr. Humphrey Waren, alias Ellis, acknowledges the nullity of the Chap∣ter, of which he was Dean, & acted as such, who only pretended the Pope's know∣ledge of what they did. But he did not take notice, that the Pope had exprest frequently, nay on all occasions, his dislike of what they did as being schismaticall Vsurpation. VVith a like reason the London Rebels might have excused their se∣ditious Actings, because the King knew what they did, Indeed that Rebellion in the State against the King, & this in the Church against the Pope, began at the same time, (which is worth the noting) & was defended in some sort with the same pretences.
• n.

  The like sadness of hart this consideration would give to all other Clergy-men, would they weygh the pernicious consequences, which flow from it: viz, Nullity of Dispensations, Inualidity of Absolutions, & Sacriledges without number, of all kinds, which naturally flow from vnlawfull authority, in matters so vn∣limited, as they pretend to, & exercise. Let them consider what account they can give to God of the deluded souls, who rely on them.
• o.

  A zealous resolution in the pious old man.
• p.

  Another sacrilegious practice, to take illegall vows of Obedience of Persons, in opposition to the legall authority of their lawfull superiours.