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A28290 An historical account of making the penal laws by the papists against the Protestants, and by the Protestants against the papists wherein the true ground and reason of making the laws is given, the papists most barbarous usuage [sic] of the Protestants here in England under a colour of law set forth, and the Reformation vindicated from the imputation of being cruel and bloody, unjustly cast upon it by those of the Romish Communion / by Samuel Blackerby ... Blackerby, Samuel, d. 1714. 1689 (1689) Wing B3069; ESTC R18715 230,149 164

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ten days if he may by any means for sickness and every Ordinary shall have sufficient Commissaries or Commissary dwelling in every County in a place notable so that if any such person so indicted be taken that the said Commissaries or Commissary may be warned in the notable place where he dwelleth by the Sheriff or his Officers to come to the King's Iayl in the same County there to receive the same persons so indicted by Indentures as before And that in the inquest in this case to be taken the Sheriffs and other Officers to whom it belongeth shall do to be Impannel'd good and sufficient persons not suspected nor procured that is to say that every of them which shall be so Empanell'd in such Inquest have within the Realm of England an hundred Shillings of Lands Tenements or of Rent by the year upon pain to lose to the King's use 10 l. and they which shall be Impannell'd in such Inquests in Wales every of them shall have to the value of 40 s. by year and if any such person be arrested be it by the Ordinary or by the King's Officers or Ministers and escape or break the prison before that he be acquit before the Ordinary the Goods and Chattels which he had the day of such arrest shall be forfeit to the King and his Lands and Tenements which he had the same day seized also in the King's hands the King shall have the profits thereof from the same day until he be yeilden to the prison from which he escaped and that the aforesaid Iustices have full power to enquire of all such Escapes breaking of Prison and also of Lands and Tenements Goods and Chattels of such persons so indicted provided also that if any such person indicted do not return to the said prison and dieth not convict it shall be lawful to his Heirs to enter into the Lands and Tenements of their Ancestor without any other pursuit making to the King for this cause and that all they which have Liberties and Franchises Royal in England as in the County of Chester the County and Liberty of Durham and other like and also the Lords which have Iurisdiction and Franchises Royal in Wales where the King's Writs do not run have power to execute and put in due execution these Articles in all points by them or by their Officers in like manner as the Iustices and other the King's Officers before declared should do By which Act it plainly appears that the Professors of the true Religion were not only to suffer in their own persons by being most inhumanly burnt but their very Wives and Children must feel the effects of Popish Cruelty having nothing left by this Law whereby to support their Families CHAP. IV. Hen. VIII THE three Laws in the precedent Chapters mentioned were put in severe Execution during the Reigns of R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. and to the twenty fifth year of Henry the 8 th during which time the Whore of Babylon made her self drunk with the Blood of the Saints not only halling them to prison but burning their Persons and ruining their whole Families In which time divers were Martyred purely to please and gratifie the Popish Clergy for whatever they said was Heresie must be so upon which Account they run the Persecution so high that in 25 H. 8. about which time the Professors of the true Religion were first called Protestants the Parliament began to consider That Heresie was no where defined and made an Act of Parliament for the Punishment of Heresie but by it repealed the Statute of 2 H. 4. ca. 15. the preamble of which Act doth declare That the Clergy did upon their suggestions obtain the said Act 25 H. 8. ca. 14. Rast Stat. fo 537. By this Law Protestants were to abjere or be burnt but that the same did not in any part thereof declare what was Heresie and that the word Canonical Sanctions are so general that it was difficult to avoid the Penalties of the Act in case he should be examined upon captious interrogatories as the Ordinaries did then use to persons suspect of Heresies and that all such proceedings were against the antient Laws of the Kingdom and for those reasons did repeal the said Act of 2 H. 4. ca. 15. and for redress of Heresie did establish 5 R. 2.5 and 2 H. 5.7 and did enact that Sheriffs in their Turns and Stewards in their Leets Rapes and Wapentakes should have Authority to enquire of Hereticks and every such Presentment made in any Turn Leet Co. Inst 2.658 Bulst 3.51 c. concerning Hereticks should be certified to the Ordinary and every person presented or indicted of any Heresie or duly accused by two lawful Witnesses might be cited arrested or taken by an Ordinary or other of the King's Subjects and committed to the Ordinary to answer in open Court and being convict should abjure his Heresies and refusing so to do or falling into a relapse should be burnt in an open place for Example of others By this Act indeed some part of the Common Law as to the Tryal of the Parties guilty seems to be restored but they could not yet think of parting with the severity of the Penalties I mean burning their Persons and confiscating their Estates and that the World might at length know who were deemed Hereticks and who not for before it was no where defined what Heresie was in the 31 st of H. 8. ca. 14. 31 H. 8. ca. 14. Rast Stat. fol. 652. By this Law Protestants are made Traytors Felons and guilty of a premunire An Act of Parliament was made called an Act for abolishing of Opinions in certain Articles concerning Christian Religion six Articles were agreed on and consented to viz. 1. That in the most Blessed Sacrament of the Altar by the strength and efficacy of Christ's mighty word it being spoken by the Priest is present really under the form of Bread and Wine the natural Body and Blood of our Saviour Jesu Christ Conceived of the Virgin Mary and that after the Consecration there remaineth no substance of Bread or Wine nor any other substance but the substance of Christ God and Man. 2. That the Communion in both kinds is not necessary ad salutem by the Law of God to all persons and that it is to be believed and not doubted of but that in the Flesh under the form of Bread is the very Blood and with the Blood under the form of Wine is the very Flesh as well a part as though they were both together 3. That Priests after the Order of Priesthood received may not marry by the Law of God. 4. That Vows of Chastity Widdowhood by Man or Woman made to God advisedly ought to be deserved by the Law of God and that it exempts them from other Liberties of Christian People which without that they might enjoy 5. That it is meet and necessary that private Masses be continued and
wickedness and resolution of the Jesuites they stuck at nothing to compass their own ends they had attempted to poison him but he had escaped When he had finished this Discourse which lasted about a quarter of an hour I asked him if the Company should not withdraw and he said yes and ordered his Nurses to go out and only his Wife to stay to tend him And thereupon all went out saving Mrs. Bedlow and my self and my Servant William Janes then I told him I thought it convenient that what he should then say unto me should be upon Oath he replyed that it was necessary it should be so and called for a Bible but my Servant having brought a Book with him administred the Oath to him and laying his Paper upon a Chair by the Bed-side writ down his Deposition as he delivered it When Mr. Bedlow had concluded and said That was all he had to inform me of I took the Paper and read it over distinctly to him and he approved it and signed it laying the Paper upon a Pillow I thought it not fit considering his Condition to perplex him with Questions but took his Information as he offered it and held no discourse with him when the Company was withdrawn but concerning the true setting down his Depositions and when he seemed to be weary to mind him of taking Cordials which his Wife reached to him as he desired them The next day Mr. Bedlow's Brother came to me and told me that his Brother desired a Copy of the Deposition he made before me But I told him I had well considered it and could not give him a Copy without the Kings leave But I would move the King in it and if he gave leave I would take care to send one to him And Mr. Bedlow's Brother then told me That it was his Brothers desire that I should represent to his Majesty his Condition and that his Sickness was very chargable and move his Majesty on his behalf for some supply of Money for his Subsistance which I promised to do This is all that I can recollect of what passed upon this Occasion and is in substance true but the very Words or the Order I cannot positively remember Francis North. To the Right Honourable Sir Lyonel Jenkins One of His Majesties Principal Secretaries of State. SIR I Always intended to write from hence to pay my thanks for the whole Circuit which was much more pleasant by your Favour of holding Correspondence with me But now I have business of some Importance for as I soon as I came to this City I received a Message from Mr. Bedlow by Sir John Knight that he being very ill and in the Judgment of Physitians in great danger of Death had some business of great moment to impart to me I knowing the Man and the Season would not refuse the pains to give him a Visit and being satisfied by Physitians that there was no Contagious quality in his Distemper though I did not much fear it I went well accompanied and in the presence of the Company he declared that what he had said relating to the Plot was true and be being a dying Man had nothing lay upon his Conscience upon that score The greatest trouble he had was the danger the King whom he loved above all things was in from the Papists at this time who would attempt his Life as soon as ever he should cease to be kind to them and many other expressions of this kind After this I asked if he had any thing to impart to me in private he told me he had and having made the Company withdraw all but my Clark I took the inclosed Examination upon Oath you may imagine I was not curious to perplex him with Questions I took it just as he delivered it of what signification it will be I leave to wiser Men I think my duty is to send it to you that you may inform his Majesty of the truth I shall wait upon you at Windsor upon Sunday next to receive your further Commands Your most humble and faithful Servant Francis North. And now the Truth of this is thus confirmed by as strong Testimony as can well be given the first part of it premeditated Letters of one of the Conspirators themselves nay the chiefest those Letters owned and acknowledeged by him to be his own Writing and he afterwards fairly tryed legally convicted and condemned and afterwards justly executed for the Treason The other verba morientis which have always weight unless they be dilivered Men who 't is known think it meritorious to dye with a falsehood in their Mouth when 't is to serve the interest of the Church whereof they profess to dye Members I say the Truth of this being thus apparent there certainly needs no other ground or reason to be given for the making the 30. Car. 2. ca. 1. for excluding Papists from sitting in either House of Parliament especially if it be considered how much they by being at Court and sitting in Parliament in the precedent Reigns had interrupted the Protestants in the measures they designed to take for their own preservation which things were examined into upon the discovery of this Plot and therefore it appeared absolutely necessary to exclude them both the Court and the Parliament The Preamble of the Act and the Substance of the Enacting Part take as followeth FOR as much as divers good Laws have been made for preventing the increase and danger of Popery in this Kingdom which have not had the desired effects 30. Car. c. 1. An Act for excluding the Papists the Parliament by reason of the free access which Popish Recusants have had to his Majesties Court and by reason of the Liberty which of late some of the Recusants have had and taken to sit and vote in Parliament Wherefore for the safety of his Majesties Royal Person and Government It was Enacted that from the first day of December 1678. No Member of the House of Peers or Commons should vote or sit in either House after the Speaker was chose till every such Peer or Member had first taken the several Oaths of Allegiance and Supremacy and made subscribed and credibly repeated the Declaration following I A. B. do solemnly and sincerely in the presence of God profess testifie and declare that I do believe that in the Sacrament of the Lords Supper there is not any Transubstantiation of the Elements of the Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever and that the Invocation or Adoration of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And I do solemnly in the presence of God profess testify and declare that I do make this Declaration and every part thereof in the plain and ordinary sence of the Words read unto me as they are commonly understood by English Protestants