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 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 Barrister of Grays-Inn Summa est ratio quae pro Religione facit Co. 5.14 b. LONDON Printed for William Churchill at the Black-Lyon in St. Paul's Church-Yard and John Weld at the Crown between the Temple-Gates in Fleet-Street MDCLXXXIX Licensed By Command of the Right Honorable the Earl of Shrewsbury Principal Secretary of State. The 10 th of May 1689. JA. VERNON To the Right Honorable CHARLES EARL of MONMOUTH VISCOUNT MORDANT OF AVILAND BARON of RIGATE ONE of their MAJESTIES most Honorable PRIVY-COUNCIL And the FIRST of the LORDS COMMISSIONERS Of their MAJESTIES TREASURY c. This Historical Account of making these Penal Laws is most humbly Dedicated by the Author His Lordships Most Humble and most Obedient Servant AN HISTORICAL ACCOUNT Of making the Penal Laws By the Papists against the Protestants and by the Protestants against the Papists CHAP. I. Rich. II. BY the 1 Mirror of Justices f. 152. Common Law of England the punishment of Heresie was burning the Heretick by vertue of the Writ de Haeretico comburendo 2 Fitz. Natur. Brev. f. 269. which was first to issue What was accounted Heresie before the time of Ed. the 3 d I shall not enquire That the Church of Rome hath always termed those Hereticks who have opposed her Innovasions and Corruptions can't be denyed and is sufficient to my purpose The first of these that apppeared in England was John Wickliffe in the latter end of the Reign of King Ed. the 3 d in the year 1371. And therefore there was no occasion for putting the Law in Execution till his time but upon his appearance he Preaching and Teaching several Doctrines that tended to a Reformation the Romish Clergy fond of their Diana presently endeavours to silence him which they had done had not the favour of some great men at that time stopt their proceedings against him so that notwithstanding their Rage and Malice against him he at last dyed in his Bed But such an Implacable Hatred they bore to his Memory because he had begun to dispel those Clouds of Darkness and Ignorance with which this Church of England was then overspread that they 3 Ex actis Consilii Constan Procured a Decree of the Synod of Constance for the taking up his Body and Bones to be burnt one and forty years after he was buried for being an obstinate Heretick In obedience to which Decree the Popish Clergy in the time of King Richard the 2 d took up his Bones out of his Grave and burnt them and cast the Ashes into a River Such Enemies were they then to Christ's Religion that they would not suffer the Ashes of this great Luminary to rest lest as they were superstitious enough to think they should again revive to make a further discovery of their Works of Darkness In this 4 Trussel's Continuation of Daniel's History of England fol. 49. King's Reign execution by Fire was first put in practice within this Realm for opposing the Superstition and Idolatry of the Church of Rome Before this time there being no Statute to punish the Oppugners of the Romish Innovasions and Corruptions in matters of Doctrine and Worship The Clergy of the Romish Church made use of the weakness of R. 2. and prevailed with him to consent to the owning a supposititious Law of their own contriving and drawing up without the consent of the Commons Co. Inst 3. p. fol. 40 41. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to arrest such as should be certified into the Chancery by the Bishops and Prelates to be Preachers of Heresie and notorious Errors their Fautors Maintainers and Abettors and to hold them in strong Prison until they would justifie themselves to the Law of Holy Church Which Act of Parliament was the first that was made against them that preached against the Church of Rome under the Notion of their being Hereticks who were then called Wicklivites The Act it self I have here inserted as it is Printed in Rastal's Statutes 5 R. 2. Ca. 5. Rast Stat. f. 140. The Wicklivites to be imprisoned Forasmuch as it is openly known that there be divers evil persons within the Realm going from County to County and from Town to Town in certain habits under dissimulation of great Holyness and without the Lycens e of the Ordinacies of the places or other sufficient Authority Preaching daily not only in Churches and Church-yards but also in Markets Fairs and other open places where a great Congregation of people is divers Sermons containing Heresies and notorious Errors to the great embleamishing of the Christian Faith and destruction of the Laws and of the estate of Holy Church to the great peril of the souls of the people and of all the Realm of England as more plainly is found and sufficiently proved before the Reverend Father in God the Arch-Bishop of Canterbury and the Bishops and other Prelates Masters of Divinity and Doctors of canon and of civil Law and a great part of the Clergy of the said Realm especially assembled for this cause which persons do also preach divers matters of slander to engender discord and dissention betwixt divers Estates of the said Realm as well Spiritual as Temporal in exciting of the people to the great peril of all the Realm which Preachers cited or summoned before the Ordinaries of the places there to answer of that whereof they be Impeached will not obey to their Summons and Commandments nor care not for their Monitions nor Censures of the Holy Church but expresly despise them and moreover by their subtil and ingenious words do draw the people to hear their Sermons and do maintain them in their Errors by strong hand and by great Routs It is ordained and assented in this present Parliament that the King's Commissions be made and directed to the Sheriffs and other Ministers of our Soveraign Lord the King or other sufficient persons Learned and according to the Certifications of the Prelates thereof to be made in the Chancery from time to time to arrest all such Preachers and also their Fautors Maintainers and Abettors and to hold them in Arrest and strong Prison till they will justifie them according to the Law and Reason of Holy Church and the King will and commandeth That the Chancellor make such Commissions at all times that he by the Prelates or any of them shall be certified and thereof required as is aforesaid By this Act it appears that there were then several persons who would not
to the King not to the use of the King Conditioned not to be reconciled to Rome nor to enter into any Plot against the King or Government But after Knowledge thereof to Reveal the same the Bond to be taken and the Ooth Administred by the Customer and Controuler of every Port Haven or Créek or one of them Which Bond and Oath are to be certifyed into the Exchequer once a Year upon Penalty of five pounds for every Bond and twenty pounds for every Oath not certifyed Treason in Reconciler and Reconciled to the Church of Rome All Persons reconciling and reconciled to the See of Rome are Traytors Every Person that Maintains Retains Relieves Kéeps or Harbours in his or their House any Servant Sojourner or Stranger that absents from Church for a Month forfeits ten pounds the same Forfeiture for Retaining or Keeping in his her or their Service Fee or Livery any such Person or Persons Father Mother Wards and Persons Committed by Authority are excepted Sheriffs and other Officers may break open Doors to Apprehend Papists Excommunicate No Forfeiture for the Wives Offence The Lords of the Privy Councel or any six of them whereof the Lord Chancellor Lord Treasurer or the principal Secretary to be one are impowred to Administer the said Oaths before mentioned to any Noble Man or Noble Woman above the Age of Eighteen Years refusing to take them they incur a Premunire In the Cinque Ports the Lord Warden of the Cinque Ports are to take the said Bond and Oaths What cause there was for the compiling this Oath and imposing it upon the Papists King James himself tells us in his Apology for the Oath of Allegiance take it in his own words But now having sacrificed if I may say so to the Manes of my late Predecessor Queen Elizabeth whose Government and Moderation he vindicates I may next with St. Paul justly vindicate my own fame from those innumerable calumnies spread against me This King declares his favourableness towards the Papists and their ingratitude to him Apol. p. 18 19 20. in testifying the truth of my behaviour towards the Papists wherein I may truly affirm that whatsoever was her just and merciful Government over the Papists in her time my Government over them since hath so far exceeded hers in mercy and clemency as not only the Papists themselves grew to that height of pride in confidence of my mildness as they did directly expect and assuredly promise to themselves Liberty of Conscience and equality with other of my Subjects in all things but even a number of the best and faithfullest of my said Subjects were cast in great fear and amazement of my Course and Proceedings ever Prognosticating and justly suspecting that sowr Fruit to come of it which shewed it self clearly in the Powder-Treason How many did I honour with Knighthood of known and open Recusants how indifferently did I give audience and access to both sides bestowing equally all Favours and Honours on both Professions How free and continual access had all ranks and degrees of Papists in my Court and Company and above all how frankly and freely did I free Recusants of their ordinary payments Besides it is evident what strait order was given out of my mouth to the Judge to spare Execution of all Priests notwithstanding their Conviction joyning thereunto a Gracious Proclamation whereby all Priests that were at Liberty and not taken might go out of the Country by such a day my general Pardon having been extended to all Priests in Prison whereupon they were set at Liberty as good Subjects and all convicted Priests that were taken after sent over and set at Liberty there But Time and Paper will fail me to make ebnumeration of the benefits and favours that I bestowed in general and particular upon Papists in recounting whereof every scrape of my Pen would serve but for a blot of the Popes ingratitude and injustice in meeting me with so hard a measure for the same Yet notwithstanding all this Mildness and Clemency exercised towards them by the King he himself in his Monotory Preface to all Christian Monarchs tells us That Monotory Preface p. 6 7 8 9. The never-enough wondred at and abhorred Powder-Treason though the Repetition thereof grieveth I know the gentle hearted Jesuite * The same Parsons that I have before taken notice of and who had the good luck all this while to scape the Gollows Parsons This Treason I say being not only intended against me and my posterity but even against the whole House of Parliament plotted only by Papists and they only led thereto by a preposterous zeal for the advancement of their Religion some of them continuing so obstinate that even at their death they would not acknowledg their fault but in their last words immediately before the expiring of their breath refused to condemn themselves and crave pardon for their deed except the Romish Church should first condemn it And soon after it being discovered that a great number of my Popish Subjects of all Ranks and Sexes both Men and Women as well within as without the Country had a confused Notion and an obscure knowledge that some great thing was to be done in that Parliament for the weal of the Church altho for secrecys cause they were not acquainted with the particulars certain Forms of Prayer having likewise been set down and used for the good success of the great Errand Adding hereunto that divers times and from divers Priests the Arch Traytors themselves received the Sacrament for confirmation of their heart and observation of Secresie Some of the principal Jesuites likewise being found Guilty of the foreknowledge of the Treason it self of which number some fled from their Tryal others were apprehended as holy Garnet himself and Oldcorn were and justly Executed upon their own plain Confession of Guilt If this Treason now clad with these circumstances did not minister a just occasion to that Parliament House whom they thought to have destroyed couragiously and zealously at their next sitting down to use all means of Tryal whether any more of that mind were yet left in the Country I leave it to you i.e. the Emperors Kings and Princes to judge whom God hath appointed his highest Deputy Judges upon Earth And amongst other things for this purpose this Oath of Allegiance so unjustly impugned was then devised and enacted And in case any sharper Laws were then made against the Papists that were not obedient to the former Laws of the Country if ye will consider the time place and persons it will be thought no wonder seeing that occasion did so justly exasperate them to make severer Laws then otherwise they would have done The Time I say being the very next sitting of the Parliament after the Discovery of that abominable Treason The Place being the same where they should all have been blown up and so bringing it freshly into their Memory again The Persons being those very Parliament Men whom
See of Rome confer any Ecclesiastical function whatsoever toward or upon your Majesties natural Subjects within your Dominions Answ This is fit to be ordered according as is provided and it shall be so published by Proclamation 8. That your Majesties learned Councel may receive Order and Commandment to consider of all former Grants of Recusants Lands that such of them may be avoided as are made to the Recusants use or interest out of which the Recusant receiveth any benefit which are either void or voidable by the Law. Answ The King will give Order to his learned Councel to consider of the Grants and will do according as is desired 9. That your Majesty will be likewise pleased strictly to command all your Judges and Ministers of Justice Ecclesiastical and Temporal to see the Laws of this Realm against Popish Recusants to be duly executed and namely that the censure of Excommunication be declared and certified against them and that they be not absolved upon publick satisfaction by yielding to Conformity Answ His Majestys leaves the Laws to their course and will order in the point of Excommunication as is desired 10. That your Majesty will be pleased to remove from Places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ ' This his Majesty thinks fit and will give order for it 11. That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesty's Privy Councel upon reason of State. Answ The Laws and Acts in this Case shall be followed and put in due Execution 12. That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe Execution of the Laws that they retire themselves to their several Countrys there to remain confined within five Miles of their Places Answ ' For this the Laws in Force shall be forthwith Executed 13. And whereas your Majesty hath strictly commanded and taken Order that none of the natural born Subjects repair to the hearing of Masses or other Supersttious Services at the Chappels or Houses of foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the offenders herein may be punished according to the Laws Answ The King gives consent thereto and will see that observed which herein hath been commanded by him 14. That all such insolencies as any that are Popishly affected have lately Committed or shall hereafter commit to the dishonour of our Religion or to the wrong of the true Professors thereof be exemplarily Punished Answ ' This shall be done as is desired 15. That the Statute of 1 Eliz. for the payment of twelve pence every Sunday by such as shall be absent from Divine Service in the Church without a lawful excuse may be put in due Execution the rather for that the penalty by Law is given to the Poor and therefore not to be dispensed withal Answ It is fit that this Statute be Executed and the Penalties shall not be dispensed withal 16. Lastly that your Majesty would be pleased to extend your princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion there Answ His Majesties Cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus Most Gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their Peace and Prosperity we have made a Faithful Declaration of the present Estate the Causes and Remedies of this encreasing disease of Popery Humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our Late Soveraign of Famous Memory upon the like Petition did give us great comfort of Reformation but your Majesties most Gracious Promises made in that kind do give us confidence and assurance of the continual performance thereof in which comfort and confidence reposing our selves we most Humbly pray for your Majesties long continuance in all Princely felicity Rushw Coll. 1 pt 191. The 10 th of August the King sends to the Commons to have a present supply and promises to let them meet again in Winter and redress their greivances then they insist to have both go on together The Parliament dissolved but withal make a most submisive Declaration of their affection and duty to him Which notwithstanding he by Commission 12 August 1625. dissolved them Rushw Coll. 1. pt f. 191.192 The King soon after issued out a Proclamation to call home Papists Children and soon after Disarmed the Papists but as this was pleasing so his Letter soon after sent to the Leivetenants for the loan of Money upon Privy Seals and other things of the like kind were as distastful to the People A Parliament called Papists proceeded against But these Courses not having the wisht for success and the King being pressed with his own necessities summoned a Parliament to meet in February and enjoyned the Arch-Bishops and Bishops in both Provinces to proceed by Examination and other Church censures with the utmost severity against the Papists and those more especially who were Popishly affected and did encourage and advance the growth of Popery and issued out a Proclamation to confine Convicted Papists to their dwelling Houses or within five Miles thereof On Candlemas Day he was Crowned and at the time of his Coronation took the Coronation Oath in manner following Sir says the Arch-Bishop will you grant and keep K. Charles 1. Crowned The Coronation Oath Rushw Coll. 1. part f. 200. Arch-Bishop and by your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the Glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the ancient Customs of the Realm I Grant and Promise to keep them Sir Will you keep Peace and Godly Agreement according to your Power both to God The Kings Answer the Holy Church the Clergy and the People I Will keep it Sir Will you to your Power cause Law Justice and Discretion to Mercy and Truth to be executed to your Judgment I Will. Sir Will you grant to hold and keep the Laws and Rightful Customs which the Commonalty of this your Kingdom have and will you defend and uphold them to
Penal Laws That for the first ten years of Queen Elizabeth's Reign the State of Catholicks i. e. Papists was tollerable and after a sort in some good quietness such as for their Consciences were imprisoned in the beginning of her coming to the Crown were very kindly and mercifully used the state of things then considered some of them were appointed to remain with such their Friends as they themselves made choice of Others were placed some with Bishops some with Deans and had their Dyet at their Tables with such convenient Lodgings and Walks for their Recreations as did well content them They that were in the ordinary Prisons had such Liberty and other Commodity as the places would afford not inconvenient for men in their Cases But that our Brethren of the more fiery and Jesuitical Humour may not snuff hereat we have thought it meet to cool their heat with some of Master Parsons and his Fellow Mr. Creswel's more gentle delaies then are usual with them who in one of their Books do confess as much in effect as here we have set down if not more thus those great Emperor-like Jesuits do speak to her Majesty In the beginning of thy Kingdom thou didst deal something more gently with Catholicks None were then urged by thee or pressed either to thy Sect or to the denyal of their Faith all things indeed did seem to proceed in a far milder course no great complaints were heard of there were seen no extraordinary contentions or repugnancies some there were that to please and gratifie you went to your Churches but when afterwards thou didst begin to wrong them c. And thus not only our own Historians do acquit Queen Elizabeth of all imputations of Rigour or cruelty towards the Papists for the beginning of her Reign but even the Secular Priests not only do it themselves but have Printed and published it to all the world that the Jesuits themselves Parsons and Creswel could not but acknowledge it too And when was it that she began to be severe The Seculars give this answer to it surely whensoever it was we our selves certain Catholicks of all sorts were the true causes of it For whilst her Majesty and the State dealt with the Catholicks as you have heard Ibid. f. 35. She was presently deprived by the Pope and the Queen of Scots pretended a title to the Crown which was full eleven years no one Catholick being called in question of his life for his Conscience all that time Consider with us how our profession proceeded with them 1 Hist Council of Trent f. 410 411. The grounds of making 13 Eliz. ca. 2. Her Highness had scarcely felt the Crown warm upon her head but it was challenged from her by some of her Neighbours as Master Saunders noteth Thus they themselves confess but because I am past five years of Queen Elizabeth's Reign and am to give the true Reasons of making the rest of the Penal Laws in Queen Elizabeth's time I shall proceed to assign the Reasons of making 13 Eliz. ca. 2. Queen Elizabeth having triumphantly Reigned above 10 years in the Nation to the great Joy and comfort of her Subjects the Romish party as they had been all along carrying on private Designs to disturb her Reign so in the eleventh year of her Reign Anno Domini 1568 they more openly appear'd and Thomas Harding Nichloas Saunders and T. P. Divines busily exercised their Episcopal Power receiv'd from the Bishop of Rome of absolving in the Court of Conscience Cambd. Annals lib. 1. f. 107. In 1568 the Priests exercise Ecclesiastical Jurisdiction under the See of Rome Rodolph excites the Queen's Subjects against her Cambd. Annals f. 118. Foulis Hist lib. 7. ca. 3. p. 330. Udal's Hist of Mary Queen of Scotland p. 119 169. In 1569. The first Rebellion under the Earl of Westmerland fomenteâ— by Morton the Priest Cambd. Annals f. 133 134 135 136. Collection f. 9. all English men which returned to the Bosom of the Church and of dispensing also in cases of irregularity excepting causes arising of wilful Murder or brought into a contentious or judicial Court and also of absolving from Irregularity in respect of Heresie so as the persons to be absolved do abstain from the Service of the Altar by the space of three years After this in the same year Robert Rodolph a Florentine who had lived long time as a Factor in London was imployed by Pius Quintus Bishop of Rome for he durst not send his Nuntio openly to excite the Papists in England secretly against Queen Elizabeth which he most carefully and closely performed And this same Pope writ a Letter to the Earls of Northumberland and Westmerland which had such success that the latter end of 1569 a Rebellion of the Papists broke out in the North fomented and carryed on by one Nicholas Morton a Priest who was sent from the Bishop of Rome to pronounce Queen Elizabeth to be an Heretick and thereby to have forfeited all Dominion and Power The Ring-Leaders of the Rebels being the Earls of Northumberland Westmerland and Sussex The Rebels went first to Durham an Episcopal See where they rent and trampled under feet the English Bibles and Books of Common Prayer which they found in Churches and Celebrated Mass in all places where they came their number was six hundred Horse and four thousand Foot. But this Rebellion was quickly suppressed threescore and six petty Constables hanged for a terror at Durham amongst whom the men of most note was one Plomtree a Priest Simon Digby John Fulthorp Thomas Bishop and Robert Peneman at York and at London some few months after Christopher and Thomas Norton and some few elsewhere Afterwards such of the Rebels as were of best note were convict of high Treason and proscribed viz. Charles Earl of Westmerland Thomas Earl of Northumberland Anne Countess of Northumberland Daughter to Henry Earl of Worcester Edward Dacres of Morton John Nevel of Leversedge John Swinborne Thomas Markenfield Egremond Ratcliff the Earl of Sussex his Brother Christopher Nevil Richard Norton of Norton Conyers Christopher Marmaduke and Thomas of the Family of the Nortons Robert and Michael Tempest George Stafford and about forty more of Noble Birth These mens Convictions and Proscriptions was confirmed in the next Parliament The rest which had no Estates nor had fled the Land as the Earl of Westmerland and several others did were pardoned not taken and hanged like Dogs in Cold-Blood without Tryal as many hundreds were in the West in 1685. The Letter writ by Pope Pius V. to the Earls of Northumberland and Westmerland was this viz. A Letter of Pope Pius V. to the Earls of Northumberland and Westmerland for encouraging them in the Rebellion against Queen Elizabeth they were then engaged in Being the tenth Letter of the fourth Book of the Epistles of the said Pope Pius published at Antwerp ex officina Plantiniana by Francis Gouban in the year 1640 and now from that Edition
ingaging him at the little River Gelt after very many of the said Leonard Dacre's Men were slain he left the Victory to the Lord Hunsdon and withdrew himself to the next part of Scotland from whence shortly after he Crossed the Seas into the Low Countries and dyed a poor Man at Lovain The Queen by publick Proclamation pardoned the Multitude whom he had excited to Rebellion The third Rebellion was in Ireland in the same Year beaded by the Botelers Cambd. Annals f. 137. The Reason of these Rebellions was Pope Pius Quintus his Bull. Camb. Annals fol. 145. Baker's Chro. fol. 34. Foulis li. 7. ca. 2. fol. 325. Collection f. 3. Pope Pius Quintus his Bull. Cambd. Annals fol. 146. Fowlis 331. And as the Papists gave Queen Elizabeth these disturbances here in England so they were not wanting in Embroiling of Ireland So ungrateful were they for all the favour and kindness that she had from time to time shewn them Edmond and Peter Boteler the Earl of Ormond's Brethren engaged themselves with the Bishop of Rome and the Spaniard for maintaining the Popish Religion and outing Queen Elizabeth of her Kingdom of Ireland But their Brother the Earl of Ormond quenched this Flame by perswading his Brethren to submit themselves who by that means saved their Lives And no wonder it is that the Papists thus Rebel against Queen Elizabeth when Pius Quintus Bishop of Rome who had from the time he came to the See been continually plotting against her had the year before by his Bull declaratory without any previous admonition or Citation excommunicated her and did afterwards cause the same to be openly published and set up upon the Gates of the Bishop of Londons Palace in these words A Sentence Declaratory of our Holy Lord Pope Pius Quintus against Elizabeth Queen of England and the Hereticks adhering unto her wherein also all her Subjects are declared to be absolved from the Oath of Allegiance and whatever other Duty they owe unto her And those that from henceforth shall obey her are involved in the same Curse or Anathema Pius Bishop Servant to God's Servants for a future Memorial of the matter He that raigneth on high to whom is given all Power in Heaven and in Earth hath Committed his one Holy Catholick and Apostolick Church out of which there is no Salvation to one alone upon Earth namely To Peter the Chief of the Apostles and to Peter's Successor the Bishop of Rome to be by him govern'd with plenary Authority Him alone hath he made Prince over all People and all Kingdoms to pluck up destroy scatter consume plant and build that he may preserve his faithful People knit together with the band of Charity in the Vnity of the Spirit and present them spotless and unblamable to their Saviour In discharge of which Function we who are by God's Goodness so called to the Government of the aforesaid Church do spare no pains labouring with all earnestness that unity and the Catholick Religion which the Author thereof hath for the tryal of his Childrens Faith and for our amendment suffered to be tossed with so great Afflictions might be preserved sincere But the number of the ungodly hath gotten such power that there is now no place in the whole world left which they have not assayed to corrupt with their most wicked Doctrines and amongst others Elizabeth the pretended Queen of England the Servant of Wickedness lendeth thereunto her helping hand with whom as in a Sanctuary the most pernicious persons have found a refuge This very Woman having seized on the Kingdom and monstrously usurped the place of Supream Head of the Church in all England and the chief Authority and Jurisdiction thereof hath again reduced the said Kingdom into a miserable and ruinous condition which was so lately reclaimed to the Catholick Faith and a thriving Condition For having by strong hand prohibited the exercise of the true Religion which Mary the lawful Queen of Famous Memory had by the help of this See restored after it had been formerly overthrown by Henry the Eighth a Revolter there-from and following and embracing the Errors of Hereticks she hath changed the Royal Council consisting of the English Nobility and filled it up with obscure Men being Hereticks suppressed the Embracers of the Catholick Faith Constituted lewd Preachers and Ministers of Impiety Abolished the Sacrifice of the Mass Prayers Fastings choice of Meats unmarried Life and the Catholick Rites and Ceremonies commanded Books to be read through the whole Realm containing manifest Heresie and appointed Impious Rites and Institutions by her self entertained and observed according to the Prescript of Calvin to be likewise observed by her Subjects presumed to eject Bishops Parsons of Churches and other Catholick Priests out of their Churches and Benefices and to bestow them and other Church Livings upon Hereticks and to determine of Church Causes prohibited the Prelates Clergy and People to acknowledge the Church of Rome or obey the Precepts or Canonical Sanctions thereof compelled most of them to condescend to her wicked Laws and to abjure the Authority and Obedience of the Bishop of Rome and to acknowledge her to be sole Lady in Temporal and Spiritual Matters and this by Oath imposed Penalties and Punishments upon those which obeyed not and exacted them of those which persevered in the Vnity of the Faith and their Obedience aforesaid cast the Catholick Prelates and Rectours of Churches into Prison where many of them being worn out with long languishing and sorrow miserably ended their Lives All which things being so manifest and notorious to all Nations and by the serious Testimony of very many so substantially proved that there is no place at all left for excuse defense or evasion We seeing that Impiety and Wicked Actions are multiplyed one upon another as also that the Persecution of the Faithful and Affliction for Religion groweth every day heavier and heavier through the instigation and by means of the said Elizabeth and since we understand her Heart to be so hardened and obdurate that she hath not only contemned the Godly Requests and Admonitions of Catholick Princes concerning her cure and Conversion but also hath not so much as suffered the Nâ—ncio's of this See to cross the Seas for this purpose into England are constrained of necessity to betake our selves to the Weapons of Justice against her being heartily grieved and sorry that we are compelled thus to punish one to whose Ancestors the whole State of Christendom hath been so much beholden Being therefore supported with his Authority whose pleasure it was to place us tho' unable for so great a burthen in this Supream Throne of Justice we do out of the fulness of our Apostolick Power declare the aforesaid Elizabeth as being an Heretick and a favourer of Hereticks and her adherents in the matters aforesaid to have incurr'd the Sentence of Excommunication and to be cut off from the unity of the body of Christ And moreover we do
out the Religion of the Gospel in all Places and to begin here as their greatest Impediment is Cause sufficient to make us the more vigilant and to have a wary Eye to their Doings and Proceedings how smoothly soever they speak or dissemble their Friendships for the time for let us think surely that they have joyned Hands together against us and if they can they will procure the Sparks of the Flames that have been so terrible in other Countries to fly over into England and to kindle as great a Fire here And as the Pope by open Hostility as you see hath shewed himself against her Majesty so the better to answer in time the Purposes that he hath set down in the mean Season till they may come to Ripeness he hath and doth by secret Practices within the Realm leaving nothing unprovided emboldning many undutiful Subjects to stand fast in their Disobedience to her Majesty and her Laws For albeit the pure Religion of the Gospel hath had a free Course and hath been freely preached now many Years within this Realm by the Protection of Her Majesties most Christian Government yet such have been the Practices of the Pope and his secret Ministers as the obstinate and stiff-necked Papist is so far from being reformed as he hath gotten Stomach to go backward and to shew his Disobedience not only in arrogant Words but also in contemptuous Deeds To confirm them herein and to increase their Number you see how the Pope hath and doth comfort their hollow Hearts with Absolutions Dispensations Reconciliations and such other things of Rome You see how lately he hath sent hither a sort of Hypocrites naming themselves Jesuits a Rabble of Vagrant Fryars newly sprung up and running through the World to trouble the Church of God whose principal Errand is by creeping into the Houses of Men of Behaviour and Reputation not only to corrupt the Realm with false Doctrine but also under that Pretence to stir up Sedition to the Peril of Her Majesty and her good Subjects How these Practises of the Pope have wrought in the disobedient Subjects of this Land is both evident and lamentable to consider for such Impressions hath the Estimation of the Popes Authority made in them as not only those which from the Beginning have refused to obey but many yea very many of these who divers years together did yield and conform themselves in their open Accounts since the Decrees of that unholy Council of Trent and since the publishing and denouncing of that Blasphemous Bull against Her Majesty and since those secret Absolutions and Reconciliations and the swarming hither of a number of Popish Priests and Monkish Jesuits have and do utterly refuse to be of our Church or to resort unto our Preaching and Prayers The sequel whereof must needs prove dangerous to the whole State of the Common-wealth By this you see what Cause we have justly to doubt great Mischief threatned to this Realm and therewith you may easily see also how far the preventing and withstanding of the same it behooveth her Majesty not only to provide in time sufficient Laws for the continuing of this Peaceable Government but also to be ready with Forces to repress all Attempts that may be enterprised either by Enemies abroad or by evil Subjects at home What Difference there is between the Popes Persecuting Church and this * The Church of England Mild Church of the Gospel hath been seen in all Ages and especially in the late Government compared with the merciful time of Her Majesties Reign The Continuance of which Clemency is also to be wished so far as may stand with Gods Honour and the Safety of the Realm But when by long proof we find that this favorable and gentle Manner of Dealing with the Disobeyers and Contemners of Religion to win them by fair Means if it were possible hath done no good but hath bred in them a more arrogant and contemptuous Spirit so as they have not only presumed to disobey the Laws and Orders of the Realm but also to accept from Rome secret Absolutions Reconciliations and such like and that by the Hands of leud Runnagates Priests and Jesuits harbouring and entertaining them even in their Houses thereby shewing an Obedience to the Pope by their Directions also nourishing and training up their Children and Kinsfolks not only at home but also abroad in the Seminaries of Popery Now I say it is time for us to look more narrowly and strictly to them least as they be corrupt so they prove dangerous Members to many born within the Entrails of our Common-wealth And seeing that the Lenity of the Time and the Mildness of the Laws heretofore made are no small Cause of their arrogant Disobedience 't is necessary that we make a Provision of Laws more strict and more severe to constrain them to yield their open Obedience at the least to her Majesty in Causes of Religion and not to live as they lift to the perillous Example of others and to the encouraging of their own evil affected Minds but if they will needs submit themselves to the Benedictions of the Pope they may feel how little his Curses can hurt us and how little his Blessings can save them from that Punishment which we are able to lay upon them letting them also find how dangerous it shall be for them to deal with the Pope or any thing of his or with those Romish Priests and Jesuits and therewith also how perillous it shall be for those Seditious Runnagates to enter into the Land to draw away from Her Majesty that Obedience which by the Laws of God and Man are due unto her This then is one of the Provisions which we ought to take care of in this Council whereby we may both enjoy still that happy Peace we live in and the Pope take the less Boldness to trouble us by any Favour he shall find here Therefore seeing the Malice of the Pope and his Confederates are so notorious unto us and seeing the Dangers be so great so evident and so imminent and seeing that Preparations to withstand them cannot be made without support of the Realm and seeing that our Duty to God our Queen and Country and the Necessity that hangeth upon our own Safeguards be reason sufficient to perswade us let us think upon these Matters as the Weight of them deserveth and so provide in time both by Laws to restrain and correct the evil affected Subjects and by Provision of that which shall be requisite for the Maintainance of Forces as our Enemies finding our Minds so willing and our Hands so ready to keep in order our Country and to furnish her Majesty with all that shall be necessary may either be discouraged to attempt any thing against us or if they do they may find such Resistance as shall bring Confusion to themselves Honour to our most Gracious Queen and Safety to all of us Mr. Norton seconding the Motion it was referred to
Genserick and Henricus with their Arian Hereticks alluding to the State. Here we think both him and divers others that have written to the same effect very greatly to blame Sure we are that the general Cause of Religion for the which both we and they contend as oft we have said getteth no good but hurt by it and contrary to the Old saying be he never so bad yet let him have Justice tho some hard Courses have been taken by the State against us yet hath it not by many degrees been so extream as the Jesuits and that Crue have falsely written and reported of it nor indeed as they deserved Afterwards they inveigh against the Spanish Invasion against Parsons for a Book he writ and against him and Creswel for another they writ they go on thus Whilst the said Invasion was thus talked of and in preparation in Spain a shorter course was thought of Heskets Plot. it might have had success Mr. Hesket was set on by the Jesuits 1592. or thereabouts with Father Parsons consent or knowledge to have stirred up the Earl of Darby to Rebellion against Her Highness Cullen Not long after good Father Holt and others with him persuaded an Irish-man one Patrick Collen as he himself confessed to attempt the laying his violent and villanous hands upon Her Majesty Shortly after in the Year 1593. that Notable Stratagem was Plotted the whole State knoweth by whom for Dr. Lopez the Queens Physician to have Poysoned her Lopez for the which he was Executed the Year after This wicked designment being thus prevented by Gods providence the said Traiterous Jesuit York and Williams Holt and others did allure and animate one York and Williams to have accomplished that with their Bloody hands that the other purposed to have done with his Poyson we mean Her Majesties destruction Hereunto we might add the late Villanous attempt 1599. of Edward Squire animated and drawn thereto as he confessed by Wallpool that pernicious Jesuit Walpool But we must turn again to Father Parsons whose turnings and doublings are such as would trouble a right good Hound to Trace him For in the mean time that the said Traytors one after another were Plotting and Studying how best they might compass Her Majesties Death they cared not how nor by what means he the said Father Parsons so prevailed with the King as he attempted twice in two sundry Years his new Invasion meaning to have proceeded therein The Spaniard designed a Second Invasion not with such great preparation as he did at the first but only to have begun the same by taking some Port Westward Towards which he came so far onward as Silley with his Fleet. At both which times God who still hath fought for her Majesty and this Realm did notably prevent him by such Winds and Tempests as the most of his Ships and Men perished in the Sea as they were coming hitherward Furthermore the said good Father in the midst of all the said Trayterous enterprizes both at home and abroad devised and set forward by him and his Companions was ploding amongst his Papers and playing the herauld how if all his said wicked designments failed he might at the last Intitle the King of Spain and consequently the Infanta his Daughter to the Crown and Kingdom of England To which purpose he framed and after published a Book wherewith he acquainted the Students in those Seminaries in Spain and Laboured nothing more then to have their subscriptions to the said Infanta's Title therein promissing unto her their present Allegiance as unto their lawful Soveraign and that when they should be sent into their Country they should perswade the Catholics there to do the like without any further Expectation of the Queen of Englands Death As Mr. Charles Paget affirmeth in his Book against Parsons They confess in these words That the Jesuitical designments beyond the Seas Collect. 53 54. together with certain Rebellions and Traiterous attempts of some Catholics at home have been the cause of such Calamities and troubles as have happened to us far less we think then any Prince living in Her Majesties Case and so provoked would have inflicted upon us And after they tell us that divers of their Communion have owned so much I shall conclude this Reign with these words of theirs which fully justifie the making the Laws that were made in it We are fully persuaded in our Consciences and as Men besides our Learning Collect. 55 56 57. who have some experience that if the Catholics had never sought by indirect means to have vexed Her Majesty with their designments against her Crown if the Pope and King of Spain had never plotted with the Duke of Norfolk If the Rebels in the North had never been heard of if the Bull of Pius the V. had never been known if the said Rebellion had never been justified If neither Steukly nor the Pope had attempted any thing against Ireland if Gregory the Thirteenth had not renewed the said Excommunication if the Jesuits had never come into England if the Pope and the King of Spain had not practised with the Duke of Guise for his attempt against Her Majesty if Parsons and the rest of the Jesuits with other our Country-men beyond Seas had never been agents in these Traiterous and Bloody designments of Throckmorton Parry Collen York Willians Squire and such like if they had not by their Treatises and writings endeavoured to defame their Soveraign and their own Country labouring to have many of their Books Translated into divers Languages thereby to shew more their own disloyalty if Cardinal Allen and Parsons had not published the Renovation of the said Bull by Sixtus Quintus if thereunto they had not added their scurrillous and unmanly Admonition or rather most Prophane Libel against Her Majesty if they had not sought by false persuasions and ungodly Arguments to have allured the Hearts of Catholics from their Allegiance if the Pope had never been urged by them to have thrust the Kingdom of Spain into that Barbarous Action against the Realm if they themselves with the rest of that generation had not laboured greatly with the said King for the Conquest and Invasion of this Land by the Spaniards who are known to be the cruelest Tyrants that live upon the Earth If in all their Proceedings they had not from time to time depraved irritated and provoked both Her Majesty and the State with these and other such like their ungodly and unchristian practices But on the contrary if the Popes from time to time had sought her Majesty by kind Offices and gentle Persuasions never ceasing the prosecution of those and such-like courses of humanity and gentleness if the Catholics and Priests beyond the Seas had laboured continually the furtherance of those most Priest-like and Divine allurements and had framed their own proceedings in all their words and writings accordingly if we at home all of us both Priests and
the Mercenary Army subjugate the Country then the Souldiers and Projectors shall be paid out of the Confiscations if the Country be too hard for the Souldiers then they must consequently mutiny which is equally advantagious unto us our superlative Design is to work the Protestants as well as the Catholicks to welcome in a Conqueror and that is by this Means We hope instantly to dissolve Trades and hinder the building of Shipping in devising probable Designs and putting on the State upon Expeditions as that of Cadiz was in taking away the Merchant Ships so that they may not easily catch and light upon the West-India Fleet c. This produced a Fast and a Petition from the Parliament to the King against the Papist which Petition and the Kings Answer are as followeth The Parliaments Petition to the King and the Kings Answer all relating to the Papists Most Gracious Sovereign Rushw Coll. 1 pt f. 516. WE Your most Loyal and Obedient Subjects the Lords Spiritual and Temporal and Commons in Parliament assembled having to our singular Comfort obtained Your Majesties Pious and Gracious Assent for a publick Fast to appease the Wrath of Almighty God kindled against us and to prevent those grievous Judgments which God doth apparently press upon us do in all Humility present unto Your Sacred Majesty all possible thanks for the same And because the publick and visible Sins of the Kingdom are the undoubted Causes of those visible Evils that are fallen upon us amongst which Sins as is apparent by the Word of God Idolatry and Superstition are the most heinous and crying Sins To the end that we may constantly hope for the Blessing of God to descend upon this our publick Humiliation by abandoning those Sins which do make a Wall of Separation betwixt God and Us. 1. Article WE most humbly and ardently beg at the Hands of Your most Sacred Majesty that Your Majesty will be pleased to give continual Life and Motion to all those Laws that stand in force against Jesuits Seminary Priests and all that have taken Orders by Authority of the See of Rome by exacting a more due and serious Execution of the same amongst which Number those that have highly abused Your Mejesties Clemency by returning into the Kingdom after their Banishment contrary to Your Highness's express Proclamation We humbly desire may be left to the Severity of Your Laws without admitting of any Mediation or Intercession for them and that such of Your Majesties unsound and ill-affected Subjects as do receive harbour or conceal any of their viperous Generation may without delay suffer such Penalties and Punishments as the Laws justly impose upon them His Majesties ANSWER unto the First ARTICLE of this PETITION TO the first Point His Majesty answereth that he will according to your Desire give both Live and Motion to the Laws that stand in force against Jesuits Seminary Priests and all that have taken Orders by Authority of the See of Rome and to that end His Majesty will give strict Orders to all His Ministers for the Discovering and Apprehending of them and so leave them being apprehended to the Tryal of the Law. And in case after Tryal there shall be Cause to respite Execution of any of them yet they shall be committed according to the Example of the best Times to the Castle of Wisbich and there be safely kept from exercising their Functions or spreading their Superstitious and Dangerous Doctrine and the Receivers and Abettors they shall be left to the Law. THat Your Majesty would be pleased to command a surer and streight Watch to be kept in and over Your Majesties Ports and Havens 2. Article and to commit the Care and Charge of Searching of Ships for the Discovery and Apprehension as well of Jesuits and Seminary Priests brought in as of Children and young Students sent over beyond the Seas to suck in the Poyson of Rebellion and Superstition unto Men of approved Fidelity and Religion and such as shall be convicted to have connived or combined in the bringing in the one or conveying of the other that the Laws may pass upon them with speedy Execution His Majesties ANSWER to the Second ARTICLE TO the second Article His Majesty granteth all that is in this Article and to this end will give order to the Lord Treasurer Lord Admiral and Lord Warden of the Cinque Ports that in their several Places they be careful to see this Article fully executed giving strict Charge to all such as have Place and Authority under them to use all Diligence therein And His Majesty requireth them and all other His Officers and Ministers to have a vigilant Eye upon such as dwell in dangerous Places of Advantage or Opportunity for receiving or transporting of any such as are here mentioned And His Majesty will take it for good Service if any will give Knowledge of any such as have connived or combined or shall Connive or Combine as is mentioned in this Article that Justice may be strictly done upon them THat considering those dreadful Dangers never to be forgotten which did involve Your Majesties Sacred Person 3. Article and the whole representative Body of Your Majesties Kingdom plotted and framed by the free and common Access of Popish Recusants to the City of London and to Your Majesties Court Your Majesty would be graciously pleased to give speedy Command for the present putting in practise those Laws that prohibit all Popish Recusants to come to the Court or within ten Miles of the City of London as also those Laws that confine them to the Distance of five Miles from their dwelling Houses and that such by-past Licenses not warranted by Law as have been granted unto them for their Repair to the City of London may be discharged and annulled His Majesties ANSWER to the Third ARTICLE TO the third His Majesty will take order to restrain the Recourse of Recusants to the Court and also for the other Points of this Article His Majesty is well pleased that the Laws be duly executed and that all unlawful Licenses be annulled and discharged 4. Article THat whereas it is more than probably conceived that infinite Sums of Money have within this two or three Years last past been extracted out of the Recusants within the Kingdom by Colour of Composition and a small Proportion of the same returned into Your Majesties Coffers not only to the sudden enriching of private Persons but to the emboldning of Romish Recusants to entertain Massing Priests into their private Houses mimick Rites of their gross Superstition without fear of Controul amounting as by their daily Practice and Ostentation we may conceive to the Nature of a concealed Toleration Your Majesty would be graciously pleased to entertain this Particular more neerly into your Princely Wisdom and Consideration and to dissolve this Mystery of Iniquity patched up of colorable Leases Contracts and Preconveyances being but Masks on the one part of Fraud to deceive