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
* Allen before named worthy Man but by the perswasions as they think of Parsons greatly disliked of many both Wise and Learned And especially it was wondred at a while until the Drift thereof appeared more manifestly in the year 1588 that the said worthy Person laid down this for a ground in justifying the said Stanley viz. that in all Wars which may happen for Religion every Catholick Man is bound in Conscience to employ his Person and Force by the Popes Direction viz. how for when and where either at home or abroad he may and must break with his Temporal Soveraign Let us now see what was further doing by the Pope and the Papists against the Protestant Queen and the Protestant Religion in England in the Year 1588 and we shall doubtless see very good reason for making the Statute of 35 Eliz. Ca. 2. which was the last Law that was made against them in Queen Elizabeths time The Pope some Religious Persons in Spain and several English Fugitives The Pope plotting again Camb. Annal. f. 402. Baker's Chron. f. 374. had called back the Spaniard to his former Designs for the Conquest of England which had been interrupted by the Portugal Wars earnestly exhorting him that seeing God had given him Success in laying Portugal and the East-Indies to his Dominions he would do something which should be acceptable to God and becoming the Grandeur and Majesty of the Catholic King that nothing could be more then the propagating and enlarging the Church of God which could not be more gloriously nor more meritoriously done then by the Conquest of England re-planting the Roman Catholic Religion and abolishing Heresie there They suggested that this War would be just because it was necessary as also because it was for the Maintainance of Christs Religion in regard That the Queen of England being excommunicate persisted contumaciously against the Church of Rome supported his Rebels in the Netherlands annoyed the Spaniards by continual Depredations suppressed and sackt his Towns in Spain and America and had very lately put the Queen of Scots to Death violating thereby the Majesty of all Kings That it would be no less profitable than just for so he should add to his Empire those three Kingdoms quell the Rebellion in the Low Countries secure his Voyages to the Indies without the Expence of Convoys To prove this they suggested that the Spanish Navy did far exceed the English in Number Largeness of Ships and Strength especially considering the Addition of the Portugal Fleet that England had no Forts nor defences that it was unprovided of Commanders Souldiers Cavalry and Munition bare of Wealth and Friends that there were many Papists who would presently joyn with him that so great was the Strength of Spain and so unmatchable their Valour that none durst oppose them and confidently assured themselves of Victory That this Opportunity was offered by God himself a Peace being then concluded with the Turk and the French embroiled in a Civil War That the Conquest of England would be far easier than the Netherlands in respect the Cut from Spain to England was much more short and convenient than from Spain to the Netherlands That in order to the Conquest of the Netherlands it was necessary first to conquer England and that England being once conquered the Low-Countries must of necessity be subdued The Spanish King being perswaded to believe all this resolves on the Attempt The Contrivance of the Spanish Invasion Camb. Annal f. 403 404. and the next thing considered was in what Way and Means to effect it And the Method agreed on was to do it with a well-provided Army from Spain and the Low-Countries to be landed by a powerful Navy at the Thames Mouth in order to surprize the City of London by a sudden Assault this being resolved on the Preparation was made which was so great throughout all Spain Italy and Scicily that the Spaniards themselves were amazed at it and named it the Invincible Armada Their Cause the Armada and Army they recommended to the Pope and to the Prayers of the Catholics to God and the Saints and set forth a Book in Print for a Terror wherein the whole Preparation was set down The Prince of Parma also in the Netherlands by the Spanish Kings Command built Ships and many Flat-bottomed Boats and other great Preparations in the Sea Towns of Flanders he had an Army of an hundred and three Companies of Foot and four thousand Horse amongst which were one thousand English Fugitives who of all others were least esteemed neither was * Sir William Stanley before named Stanley who had the Command of them nor others who offered their Service and Council once heard but for their unnaturalness to their Country they were debarred from all access and as most inauspicious Persons worthily and with Detestation rejected The Spanish Navy in the whole consisted of one hundred and thirty Ships whereof Galliasses and Galleons seventy two in which were Souldiers nineteen thousand two hundred and ninety Camb. Annal. f. 410. Baker's Chron. f. 374. The Number of the Armada Marriners eight thousand three hundred and fifty Gally Slaves two thousand and eighty great Ordinance two thousand six hundred and thirty for the greater Holiness of their Action twelve of their Ships were called the twelve Apostles the chief Commanders were Don Alphonso Duke of Medina and John Recalde a great Sea-man Sixtus Quintus Curseth Queen Elizabeth Foulis Hist li. 7. ca. 6. f. 350. Camb. Annals f. 410. Sixtus Quintus the Pope that he might not seem to be wanting in so good a Cause did not only assist with his (a) Ant. Cicarella in vità Sexti V. Allen sent into the Netherlands to carry on the Design Treasure but his Papal Curse to boot whereby he excommunicated the Queen dethroned her absolved her Subjects from all Allegiance and published his Croisado in Print as it were against Turks and Infidels wherein out of the Treasure of the Church he granted plenary Indulgences to all that gave their Help and Assistance with this goodly Stuff William Allen a little before made a Cardinal an English-man and an old Traitor to the Queen was sent into the Netherlands the better to encourage the English Romanists to Rebellion Allen pulls out his Papal Tool which he forgeth into a Pamphlet in the English Language which he prints at Antwerp calling it The Declaration of the Sentence of Sixtus Quintus Their Methods And as a farther Interpretation of the Papal Intent and the better to ingage the English to Rebellion he joyns a second Part to it called An Admonition to the Nobility and People of England And that the Reader may better understand the Honesty of the Paper take the Sum of it thus Em. Meteram Hist Belg. lib. 15. p. 473 474. Sam. Purchas Pilgrims vol. 4. l. 10. c. 11. p. 1895 1896. It begins with Calling the Queens Government impious and unjust her self an
709. Queen Mary Recognized in Parliament and the Laws for the Reformation repealed Act of Repeal of the Laws made in the time of King Edward the sixth whereby the Reformation was Established several whereof that were made with Penalties I have before mentioned viz. 1 E. 6. ca. 1.1 E. 6. ca. 2.2 and 3 E. 6. ca. 1.3 and 4 E. 6. ca. 10.5 and 6 E. 6. ca. 1. Besides those there were several Laws necessary for the promoting the Reformation which were likewise repealed by the said Act viz. 2 E. 6.21 for taking away all positive Laws made against the Marriage of Priests 3 E. 6.12 made for the ordering of Ecclesiastical Ministers 5 E. 6.3 made for the keeping of holy days and feasting days and 5 E. 6.12 touching the Marriage of Priests and Legitimation of their Children and then Establish'd the Mass Book and all the Popish Service and so Established iniquity by a Law. Queen Mary having before inhibited Preaching without License and to be sure the Protestants must have none and having Repealed the said Laws now begins to think of some effectual way to promulge the Popish Tenets and in order to this an Act of Parliament was made against affronting her Priests of the Romish Church Intituled however An Act against offendours of Preachers and other Ministers in the Church 1 Mary ca. 3. Rast Stat. f. 1069. Keeble 709. Popish Priests must not be disturbed in their preaching i. e. such as were Licensed by her Highness which to be sure must be Popish to this effect that none should by any Overt Act molest or disquiet any Preachers because of his Office or for any Sermon that he might have Preached their Preaching being so ridiculous that it gave cause of suspicion that some would serve them so nor should any way disturb them when they were in any parts of the Divine Offices Which they had reason to fear because the People had been used to a more Decent and Christian way of Worship The penalty was three Months Imprisonment Queen Mary's third Parliament desires to reconcile the Kingdom to the See of Rome Hist Ref. 2 pt p. 291 293. On December the 6 th the 1 st of Mary this Parliament was Dissolved because the House of Commons was displeased with the Match with Spain On the 11 th of November the 1 st and 2 d of Philip and Mary the third Parliament was summoned without putting in the Title of Supream Head of the Church and met which Parliament so Summoned petitioned to be Reconciled to the See of Rome and Cardinal Pool accepts it and absolves them and now they are ready cut and dryed for butchering Work. 1 2 Ph. and Mary ca. 3. Rast Stat. 1100. Keble 719. The first severe Law we meet with is an Act against Seditious Words and Rumours which confirms 13 E. 1.33 and 2 R. 2.5 touching telling of News as if they were resolved good people nothing should be done but what they had President for But what doth that Law add Why That if any person should be Convicted or Attainted for speaking Maliciously of his own Imaginations any False Seditious and Slanderous News sayings or tales of the King or Queen for she was then married to King Philip The Protestants must not speak against the King or Queen Pillory less of Ears striking off band imprisonment during Life the punishments inflicted for the first Offence he was to be set on the Pillory in some Market Town near where the words were spoken and have both his Ears cut off unless he paid 100 l. to the Queen within a Month after Judgment given and should be 3 Months Imprisoned If 〈◊〉 reported any such News from another then to stand in the Pillory and lose one Ear unless he paid a hundred Marks within a Month and should be a Month Imprissoned and if he should do it by Book Rhime Ballad Letter or Writing he was to have his Right hand cut off and for the second Offence should suffer Imprisonment during his Life and forfeit all his Goods and Chattels Is this a Law made by the kind Queen Mary Who in the preamble to the first Act of Parliament made in the first year of her Reign declared so much against making Men Offenders for a word and driving her Subjects to Obedience by severe Punishments and Penalties Yes it is the very same Queen Mary But now the Penal Laws are repealed and she appears in her Popish Colours now Pillory and cutting off Ears striking off Hands and perpetual Imprisonment with loss of Goods and Chattels is better than Hereticks deserve as you will find by subsequent Laws But these Penalties are not all that the poor Protestants must expect from Popish Rulers if we look but a little further even in the same Year 1 2 Ph. and Mary ca. 6. Rast Stat. f. 1103. Keble 721. The Laws for Burning the Protestants as Hereticks revived and the proceedings of the same Parliament we shall find another Law made to unbind the Papists hands that H. 8. had in part Tyed up by 25 H. 8. ca. 14. and Ed. 6. had bound fast up by 2 Ed. 6.12 which two Acts of Parliament had Repealed 5. R. 2.5 Concerning Arresting of Heretical Preachers 2 H. 4.15 concerning Repressing of Heresie and punishing of Hereticks and 2 H. 5.7 Concerning the enormity of Heresie and Lollardy and the suppression thereof by Heresie and Hereticks and Lollardy and Lollards is always to be understood the Professors of the true Religion By this Act of Queen Mary the said Act of 25 H. 8. ca. 14. and 2 Ed. 6.12 are repealed and those three Bloody Laws are reviv'd what those Laws are you may see at large in the beginning of this Treatise only observe this that least they should not prove in force in the Statute of Revivor Printed by Rastal all hree Acts of Parliament are inserted Verbatim And that the World might not think them short in their return to Rome or that they were not hearty in it an Act was made to Repeal all Laws whatsoever that had been made against the See of Rome by which Act is set forth 1 2 Ph. and Mary ca. 8. Rast Stat. fol. 1107 Keble f. 703. The Kingdom reconciled to the See of Rome Hist Reform part 2. fol. 294. their former Schism from the See of Rome and their reconciliation to it upon which all Acts passed since the 20 th of H. 8. against that See were enumerated and repealed there it is said That for the removing of all Grudges that might arise they desired that the following Articles might through the Cardinals Intercession be Established by the Pope's Authority 1 st That all Bishopricks Cathedrals or Colledges established might be confirmed for ever 2 d. That Marriages made within such Degrees as are not contrary to the Law of God but only to the Laws of the Church might be confirmed and the Issues by them declared Legitimate 3 d. That all Institutions into
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