and Attempts against Her Majesties most Royal Person now for the explaining of all such Ambiguities and Questions which otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the Words or Meaning thereof Be it declared and enacted by the Authority of this present Parliament The Association approved and confirmed that the said Association and every Article and Sentence therein contained as well concerning the disallowing extending or disabling of any Persons that may or shall pretend any Title to come to the Crown of this Realm and also for the pursuing and taking Revenge of any Person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true Intent and Meaning of this Act not otherwise nor against any other Person or Persons The latter of the said two Acts of Parliament is intituled An Act against Jesuits Seminary Priests and such other like disobedient Persons The Preamble runs thus 27 Eliz. cap. 2. Rast Stat. 2. part f. 285. Treason for Priests and Jesuits to come into England Harbouring them Felony c. WHereas divers Persons called or professed Iesuits Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years come in and been sent and dayly do come and are sent into this Realm of England and other the Queens Majesties Dominions on purpose as it hath appeared as well by sundry of their own Examinations and Confessions as by divers other manifest Means and Proofs not only to withdraw Her Highnesses Subjects from their due Obedience to Her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same Her Highnesses Realms and Dominions to the great indangering of the Safety of her most Royal Person and to the utter Ruine Desolation and Overthrow of the whole Realm if the same be not the sooner by some good Means foreseen and prevented For reformation whereof it is enacted That all Iesuits Seminary Priests and other Priests whatsoever Ordained within or without the Queens Dominions by virtue of the Popes Authority should depart within forty Days That those who should afterwards return into the Kingdom should be guilty of High-Treason That he who should wittingly and willingly Harbour Relieve and Maintain them should be guilty of Felony that those who were brought up in Seminaries if they returned not within six Months after Notice given and submitted not themselves to the Queen before a Bishop or two Iustices should be guilty of High Treason and if any so submitting themselves should within ten years approach the Quéens Court or come within ten Miles thereof their Submission should be void That those who should by any Means whatsoever send or convey over any Money to Students in such Seminaries should incur the Penalty of a Premunire That if any of the Peers of the Realm that is Dukes Marquisses Earls Viscounts or Barons of Parliament should offend against these Laws he should be brought to his Tryal by his Peers That if any should know of any such Iesuits or other Priests above said lurking within the Realm and should not discover them within twelve Days he should be Fined and Imprisoned at the Queens Pleasure That if any Man should be suspected to be a Iesuit or Priest as aforesaid and not submit himself to Examination he should for his Contempt be imprisoned till he did submit himself That he who should send his Children or any others to Seminaries and Colledges of the Popish Profession should be fined in an hundred Pounds of English Money and that those who were so sent thither should not succeed as Heirs nor enjoy any Estates which should any way fall to them the like for all such as should not return home from the said Seminaries within a year unless they did conform themselves to the Church of England That if the Wardens or Officers of the Ports should permit any others besides Sea-men and Merchants to cross the Seas without Licence of the Quéen or six Privy Councellors they should be put out of their Places and the Masters of such Ships as carried them should forfeit their Ships and Goods and suffer Imprisonment for a whole Year Reflections upon the foregoing Plots Treasons and Acts of Parliament occasioned by them From which said Plots Conspiracies and Treasons and the said Acts of Parliament occasioned by the same I observe these things amongst many others observable 1. That there are no Villanies that can be imagined so bad but the Romish Clergy even the Pope himself will tell you is lawful to be Committed to carry on the interest of that Religion and instruments enough are to be found amongst Men of that Communion to undertake the Committing thereof one instance whereof we have in this Parry who did not only think it lawful but undertook it to murder his own Lawful Soveraign and had Authority so to do from the Pope himself and that he might sit in the House of Commons must needs be Guilty of a Wilful Perjury for by 13. Eliz. cap. 2. none could sit in that House but he who first had taken the Oath of Supremacy and that he did sit there is plain from the History and tho it doth not appear that he had a Dispensation for it yet 't is not to be doubted but that he was sure of a Pardon in case he had not a Dispensation 2. That the Protestants in those days thought it not only lawful but their Duty to Associate for the preservation of their Prince and of their Religion and having so done they were so far from being blamed by the Parliament that the Parliament did esteem it not only as a Lawful but a Commendable Act and added their Sanction to confirm what before they judged Lawful 3. That the Parliament in the 27 th Year of Queen Elizabeths Reign were so far from questioning their own power of determining and limiting the Crown and the Succession thereof that they did not only think it in their Power but reduced it into Act too to make the Successor Guilty of High Treason that should imbrue His or Her hands in the Blood of the Predecessor and hereby altered the Law 1. H. 7.4 Fitz. Abr. tit Parl. 3. Bro. Abr. tit Parl. 37. Plowd 238. b. that the Accession to the Crown purges the Treason because all Persons named in Acts of Parliament even the King himself are bound by such Acts of Parliament wherein they are named they being no ways alterable but by the same power not Persons that made them 4. That the severity of the Laws hitherto made did not actually deter the Papists from Plotting and Conspiring the Death of the Queen and the subverting the Protestant Religion Nor was it likely to
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
have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
admitted in the King 's English Church and Congregations as whereby good Christian People ordering themselves accordingly do receive both Godly and goodly consolations and benefits and it is agreeable also to God's Law. 6. That Auricular Confession is expedient and necessary to be retained and continued used and frequented in the Church of God. He that by word of Mouth Writing Printing Cyphering or in any otherwise doth Publish Preach Teach Say Affirm Declare Dispute Argue or hold any Opinion contrary to the first Article is by that Act of 31 H. 8. ca. 14. Declared a Heretick to suffer Death by burning and to forfeit his Estate as in case of High Treason The publick Preaching and affirming in a Court of Justice any thing contrary to the other five Articles and Marrying after a vow of Chastity is declared Felony without Benefit of Clergy and to forfeit as in cases of Felony And if any Person by Words Writing Printing Cyphering or otherwise publish declare or hold Opinion contrary to the said five Articles he forfeits his Goods and Chattels for ever the Profits of his Lands Tenements and other his real Estate during his life his Spiritual Promotion shall be utterly void and his body imprisoned at the King's Pleasure for the first offence and for the second offence to be adjudg'd a Felon and suffer and forfeit as a Felon without Benefit of Clergy By which Act it plainly appears that the denying of Transubstantiation was by this Law made High Treason The publishing or holding the necessity of Receiving in both kinds the lawfulness of Priests Marrying the unlawfulness of vowing Chastity of private Masses and Auricular Confession was no less than Felony or at least a Premunire So that in a word to be a Protestant was to be a Traytor a Felon or subject to a Premunire And could they have found any punishment inflicted by our Laws that is worse they would no doubt have made the Protestants subject to it and that not as Offenders against the Polity of the Civil State but purely upon the Account of their Religion And therefore the next thing that is done by these destroyers of Souls as well as Bodies is to take away all means of Knowledge as well as to inhibit the Promulgation thereof upon such severe Penalties and for that purpose was the Act of 34 H. 8. ca. 1. made Whereby 34 H. 8. ca. 1. Rast Stat. p. 782. The means of Knowledge in Religion taken away by this Act from the Protestants All Books of the Old and New Testament in English being of Tindal's Translation or Comprising any matter of Christian Religion Articles of the Faith or holy Scripture contrary to the Doctrine aforesaid i. e. the Doctrine of Popery and set forth after the year 1540 or then to be set forth by the King were utterly abolished no Printer or Bookseller was to utter any of the aforesaid Books no person was to play in enterlude sing or rhyme contrary to the said Doctrine no person was to retain any English Books or Writings concerning matter against the Holy and Blessed Sacrament of the Altar i. e. the Mass or other Books abolished by the King's Proclamation there was to be no annotations or preambles in Bibles or New Testaments in English The Bible was not to be read in English in any Church no Women or Artificers Prentices Iourneymen Servingmen of the degrees of Yeomen or under Husbandmen nor Labourers should read the new Testament in English Nothing was to be taught or maintained contrary to the King's Instructions which were for the suppressing Heresie or Protestantism and if any Spiritual person should preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and should be thereof Convict he should for his first Offence recant for the second abjure and bear a Fagot and for his third should be adjudged an Heretick and be burnt and lose all his Goods and Chattels And whoever will take the pains to read over 1 Dr. Burnet the History of the Reformation together with 2 Fox the Book of Martyrs of which Book Dr. Burnet in his Preface to the first part of his History of the Reformation saith that he having compared his Acts and Monuments with the Records had never been able to discover any Errors or Prevarications in them but the utmost fidelity and exactness will find so many instances of putting all these bloody Laws before mentioned in Execution as I perswade my self that there are some Papists would e'en blush at and be throughly ashamed of and if they have any thing of Humanity in them must utterly abhor But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants the Reformation in King Edward the 6 th's time of Glorious Memory intervening I shall shew how the Reformers used the Papists in his Reign CHAP. V. Ed. VI. IT may be expected that I should say something of Henry the 8 th's Reformation But as to what was done in Henry the 8 th's time I shall not trouble the Reader with any thing because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good that he concludes his first part of the History of the Reformation Hist of the Reformation vol. 1. p. 362. with this speaking of Henry the 8 th I do not deny that he is to be numbred among the ill Princes yet I can't rank him with the worst Which Character certainly the preceeding account of the Laws made in his time against the Protestants does evidence to be very favourable to him I shall therefore begin with the Laws made in the Reign of King Edward the 6 th and the manner of introducing them King Edward the 6 th coming to the Crown young and Cranmer and others designing throughly to reform the Church of England from the Errors and Corruptions that were crept into Her during the time she was under the Popish Tyranny The first step that was set in order to it was the visiting the Clergy quite over England and compiling some wholesome Homilies Mild Methods us'd by King Ed. the 6th before any Laws made to supply the defect of Sermons by reason of the ignorance of the then Clergy and to prevent unnecessary Disputes in the Pulpits Their Articles and Injunctions for the Visitation were to be observed under the pains of Excommunication Sequestration or Deprivation not upon the Penalty of being burnt as a Heretick or forfeiture either of Lands in fee simple or Goods or Chattels or either or any of them This was done before the Parliament was called November the 4 th 1547. The Parliament met and the first Act of Parliament that was made was an Act against such as should unreverently speak against the Sacrament of the Altar and of the receiving thereof under both kinds which Act of Parliament in the Preamble takes notice That the King
Bangor and of Lincoln and besides the same now of late much more divers and sundry forms and fashions have been used in the Cathedral and Parish Churches of England and Wales as well concerning the Mattens or Morning Prayer and the Even-Song as concerning the Holy Communion commonly called the Mass with divers and sundry Rites and Ceremonies concerning the same and in the administration of other Sacraments in the Church and as the Doers and Executors of the said Rights and Ceremonies in other form than of late years they have been used were pleased therewith so others not using the same Rites and Ceremonies were thereby greatly offended and albeit the King's Majesty with the Advice of his most entirely beloved Vncle the Lord Protector and other of his Highness Council hath therefore divers times assayed to stay Innovations or new Rites concerning the premises yet the same hath not had such good success as his Highness required in that behalf whereupon his Highness by the most prudent advice aforesaid being pleased to bear with the frailty and weakness of his Subjects in that behalf of his great Clemency hath not been only content to abstain from punishment of those that have offended in that behalf for that his Highness taketh that they did it of a good Zeal but also to the intent an uniform quiet and Godly Order should be had concerning the premises hath appointed the Arch-Bishop of Canterbury and certain of the most learned and Discreet Bishops and other Learned Men of this Realm to consider and ponder the premises and there upon having as well eye and respect to the most sincere and pure Christian Religion taught by the Scripture as to the usages in the Primitive Church should draw and make one convenient and meet order right and fashion of Common and open Prayer and Administration of the Sacraments to be had and used in his Majesties Realm of England and in Wales the which at this time by the aid of the Holy Ghost with one Vniform Agreement is of them concluded set forth and delivered to his Highness to his great comfort and quietness of mind in a Book intituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies after the use of the Church of England From which Preamble I observe 1 st That notwithstanding all the endeavours used by the King and his Council to stay Innovations and throughly to reform the Administration of the Sacraments of the Lord's Supper divers of his Subjects would not comply 2 dly That their non-complyance was attributed to their frailty and weakness And 3 dly that his Clemency was such towards them that he abstained from punishing them because he took it that they did it of a good Zeal This Book of Common-Prayer being compiled further to shew tenderness to the Papists it was Enacted That all and singular person and persons that had offended concerning the premises other then such person and persons as were then in the Tower of London or in the Fleet should be pardoned thereof and that all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales Callis and in the Marches of the same or other the King's Dominions should from and after the Feast of Pentecost then next coming be bounden to say and use the Matins Evensong celebration of the Lord's Supper commonly called the Mass and Administration of each of the Sacraments and all their common and open Prayer in such Order and Form as is before mention'd in the said Book and none other or otherwise and it was further Enacted That if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common-Prayer mentioned in the said Book or Minister the Sacraments should after the time therein prefixt refuse to use the said Common-Prayers or to Minister the Sacraments in such Cathedral or Parish Church or other places as he should or minister the same in such Order and Form as they be mentioned and set forth in the said Book or should use wilfully and obstinately standing in the same any other Rite Ceremony Order Form or manner of Mass openly or privily or Mattins Evensong Administration of the Sacraments or other open Prayer then is mentioned and set forth in the said Book Open Prayer in and throughout this Act is meant that Prayer which is for others to come unto or heat either in common Churches or private Chappels or Oratories commonly called the Service of the Church or should Preach Declare or speak any thing in derogation or depraving of the said Book or any thing therein contained or of any part thereof and should be thereof lawfully convicted according to the Laws of this Realm by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact should lose and forfeit to the King's Highness his Heirs and Successors for his first Offence the profits of such one of his Spiritual Benefites or Promotions as it shall please the King's Highness to Assign or appoint coming or arising in one whole year next after this Conviction And also should suffer six Months Imprisonment without Bail or Mainprize And should for his second offence suffer a years Imprisonment and be deprived ipso facto of all his Spiritual Promotions and that it should be lawful to all Patrons Donors and Grantors of all and singular the same Spiritual Promotions to present to the same any other able Clerk in like manner and form as though the Party so offending were dead And for the third offence should suffer Imprisonment during his life And that Lay persons offending in the premises should for the first offence suffer Imprisonment during six Months without Bail or Mainprize and for his second offence suffer Imprsonment during his Life And it is further thereby Enacted that if any person should in any Interludes Plays Songs Rhymes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or should by open Fact Deed or by open thréatnings compel or cause or otherwise procure or Maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chappel or in any other place to sing or to say any common or open Prayer or to Minister any Sacrament otherwise or in any other manner or form than is mentioned in the said Book or that by any of the said means shall lawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing and say common and open prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book they should forfeit to the King our Soveraign Lord his Heirs and Successors ten pounds for the first offence and for non-payment should suffer three months Imprisonment without
submit themselves to the Romish Bishops and Prelates and the Histories of those times acquaint us that they were the Professors of the true Religion afterwards called Protestants By Colour of this supposed Act certain persons that held that Images were not to be worshipped Co. Inst 3 d. fol. 40. and such like Doctrines which the Protestants now hold were detained and tormented in Prison till they were compelled before the Masters of Divinity as they called themselves to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God. This these Popish Bishops and Prelates did by vertue of this Law which indeed was none for it was onely signed by the King at the instance of the Bishops and Prelates and never assented to by the Commons and therefore in the next Parliament the Commons preferred a Bill reciting the said supposed Act and constantly affirmed that they never assented thereunto and therefore desired that the same might be made void for they protested that it was never their intent to be justified and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past whereto the King gave his Royal Assent in these words y pleist au Roy. But in the Proclamation of the Acts of that Parliament Co. 12.58 and 3. Inst f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. ca. 5. was continually printed and looked on as a Good Law and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print Such pious Frauds have been always practised by the Popish Clergy and always found necessary for the supporting of the credit of that Church CHAP. II. Hen. IV. THe Rage of the Popish Clergy against the Wicklivites or Professors of the true Religion increasing with the increase of the light of the Gospel and they fearing that the said contrivance might be detected to the end that they might be yet more able effectually if it were possible to suppress the truth when they had requited R. 2. for granting them that supposed Law with deposing him and assisting H. 4. to usurp the Crown they in the 2 d. H. 4. apply themselves to him for a further Law for the preservation of the Catholick Faith as they called it against Christ's true Religion by them miscalled Heresie and he in gratitude to them in assisting him in his coming to the Crown granted them a Law to their Hearts content which follows as it is printed in Rastal 's Statutes in these words Whereas it is shewed to our Soveraign Lord the King on the behalf of the Prelates and Clergy of this Realm of England in this present Parliament 2 H. 4. ca. 15. Rast Stat. f. 180. By this Law the Professors of the true Religion were to be burnt as Hereticks that although the Catholick Faith builded upon Christ and by his Apostles and the holy Church sufficiently determined declared and approved hath been hitherto by good and holy and most noble Progenitors of our Soveraign Lord the King in the said Realm amongst all the Realms of the World most devoutly observed and the Church of England by his said most noble Progenitors and Ancestors to the honour of God and of the whole Realm aforesaid laudably endowed and in her Rights and Liberties sustained without that that the same Faith or the said Church was hurt or grievously oppressed or else perturbed by any perverse Doctrine or Wicked Heretical or Erronious Opinions Yet nevertheless divers false and perverse people of a certain new Sect of the Faith of the Sacraments of the Church and the Authority of the same damnably thinking and against the Law of God and of the Church usurping the Office of Preaching do perversly and malitiously in divers places within the said Realm under the colour of dissembled Holiness preach and teach these dayes openly and privily divers new Doctrines and wicked heretical and eronious Opinions contrary to the same Faith and blessed determinations of the Holy Church And of such Sect and wicked Doctrine and Opinions they make unlawful Conventicles and Confederacies they hold and exercise Schools they make and write Books they do wickedly instruct and informe people and as much as they may excite and stir them to Sedition and Insurrection and maketh great strife and division among the people and other Enormities horribly to be heard daily do perpetrate and commit in subversion of the said Catholick Faith and Doctrine of the Holy Church in diminution of God's Honour and also in destruction of the Estates Rights and Liberties of the said Church of England by which Sect and wicked and false Preachings Doctrines and Opinions of the said false and perverse people not only most greatest peril of the Souls but also many other harts flanders and perils which God prohibit might come to this Realm unless it be the more plentifully and speedily holpen by the King's Majesty in this behalf namely whereas the Diocesans of the said Realm cannot by their Iurisdiction Spiritual without aid of the said Royal Majesty sufficiently correct the said false and perverse people nor refrain their malice because the said false and perverse people do go from Diocess to Diocess and will not appear before the said Diocesans but the same Diocesans and their Iurisdiction Spiritual and the Keys of the Church with the Censures of the same do utterly contemn and despise and so their wicked Preachings and Doctrines doth from day to day continue and exercise to the hatred of Right and Reason and utter destruction of Order and good Rule Vpon which Novelties and Excesses above rehersed the Prelates and Clergy aforesaid and also the Commons of the said Realm being in the said Parliament praying our Soveraign Lord the King that his Royal Highness would vouchsafe in the said Parliament to provide a convenient Remedy The same our Soveraign Lord the King gratiously considering the premises and also the laudable steps of his said most noble Progenitors and Ancestors for the conservation of the said Catholick Faith and sustentation of God's Honour and also the safeguard of the Estates Rights and Liberties of the said Church of England to the laud of God and merit of our said Soveraign Lord the King and prosperity and honour of all the said Realm and for the eschewing of such Dissentions divisions hurts slanders and perils in time to come and that this wicked Sect preachings doctrines and Opinions should from henceforth cease and be utterly destroyed by the assent of the States and other discreet men of the Realm being in the said Parliament hath Granted Established and Ordained from henceforth and firmly to be observed That none within the said Realm or any other Dominions subject to his Royal Majesty presume to preach openly
or privily without the Lycense of the Diocesan of the same place first required and obtained Curates in their own Churches and persons hitherto priviledged and other of the Cannon Law granted only except Nor that none from henceforth any thing preach hold teach or instruct openly or privily or make or write any Book contrary to the Catholick Faith or determination of the Holy Church nor of such Sect and wicked Doctrines and Opinions shall make any Conventicles or in any wise hold or exercise Schools and also that none from henceforth in any wise favour such preacher or maker of any such and like Conventicles or holding or exercising of Schools or making or writing such Books or so teaching informing or exciting the people nor any of them maintain or any wise sustain and that all and singular having such Books or any Writings of such wicked doctrines and opinions shall really with effect deliver or cause to be deliverd all such Books and Writings to the Dyocesan of the same place within forty days from the time of the Proclamation of this Ordinance and Statute And if any person or persons of whatsoever kind estate or condition that he or they be from henceforth do attempt against the Royal Ordinance and Statute aforesaid in the premises or in any of them or such books in the forme aforesaid do not deliver then the Diocesan of the same place in his Dyocess such person or persons in this behalf defamed or evidently suspected and every of them may by the Authority of the said Ordinance and Statute cause to be arrested and under safe custody in his prisons to be detained till he or they of the Articles laid to him or them in this behalf do canonically purge him or themselves or else such wicked Sect Doctrines Preachings and Heretical and Erroneous Opinions do abjure according as the Laws of the Church do require so that the said Diocesan by himself or his Commissaries do openly and judiciously proceed against such persons so arrested and remaining under his safe Custody to all effect of the Law and determine that same business according to the Canonical Decrees within three months after the said arrest any lawful impediment ceasing And if any person in any case above expressed be before the Diocesan of the place or his Commissaries Canonically convict then the same Diocesan may do to be kept in his prison the said person so convict for the manner of his default and after the quality of the offence according and as long as to his discretion shall seem expedient and moreover to put the same person to the secular Court except in cases where he according to the Canonical Decree ought to be left to pay to our Soveraign Lord the King his pecuniar fine according as the same fine shall seem competent to the Diocesan for the manner and quality of the offence in which case the same Diocesan shall be bound to certifie the King of the same Fine in his Exchequer by his Letters Patents sealed with his seal to the effect that such Fine by the King's Authority may be required and levyed to his use of the goods of the same person so convict And if any person within the said Realm and Dominion upon the said wicked preachings doctrines opinions schools and heretical and erroneous informations or any of them be before the Diocesan of the same place or his Commissaries sententially convict and the same wicked Sect preachings doctrines and opinions schools and informations do refuse duely to abjure Or by the Diocesan of the same place or his Commissaries after the abjuration made by the same person pronounced fall into relaps so that according to the holy Canons he ought to be left to the secular Court whereupon credence shall be given to the Diocesan of the same place or to his Commissaries in this behalf then the Sheriff of the County of the same place and Mayor and Sheriffs or Sheriff or Mayor and Bayliffs of the City Town and Burrough of the same County next to the same Diocesan or the said Commissaries shall be personally present in preferring of such sentences when they by the same Diocesan or his Commissaries shall be required and they the same persons and every of them after such sentence promulgate shall receive and them before the people in a high place do to be burnt that such punishment may strike in fear to the minds of other whereby no such wicked Doctrine and Heretical and Erronious Opinions nor their Authors and Fautors in the said Realm and Dominions against the Catholick Faith Christian Law and Determination of the holy Church which God prohibit be sustained or in any wise suffered in which all and singular the premises concerning the said Ordinance and Statute the Sheriffs Mayors and Bayliffs of the said Counties Cities Burroughs and Towns shall be attending aiding and supporting to the said Diocesans and their Commissaries From the Preamble of which Act of Parliament and the Act it self I observe three things 1 st That it being soon after the death of Wickliffe the persons there mentioned to have had a new Faith about the Sacraments of the Church and the Authority of the same and that Preached without authority that gathered Conventicles taught Schools and wrote Books against the Catholick Faith with many other hainous aggravations had been the followers of Wickliff and were then of John Huss and Jerom of Prague and the rest of the Reformers from Popery and were carrying on that Blessed Work as fast as they could 2ly That the end and Design of this Law was That that Sect as the Act calls them their Preachings Doctrines and Opinions should from thenceforth Cease and be utterly destroyed And 3dly That in order thereunto by this Statute The Sheriffs or other Officers were immediately to proceed to the burning of Hereticks i. e. Protestants without any Writ or Warrant from the King without which Writ as I observed before they could not proceed to burn any Person and accordingly they proceed in burning the Professors of the true Religion all the Reign of King H. the 4th CHAP. III. Hen. V. IN the beginning of the Reign of King Henry the 5th by reason of a pretended Conspiracy a more severe Act was made against the Professors of the true Religion whom they then called Lollards by which Act all Officers of State Judges By this Law the Lollards or Professors of the true Religion forfeit real and personal Estate to the King. Justices of the Peace Mayors Sheriffs and Bailiffs were to be sworn when they took their Imployments to use their whole Power and Diligence to destroy all Heresie and Errors called Lollardies and to assisst the Ordinaries and their Commissaries in their Proceedings against them and that the Lollards should forfeit all the Lands they held in Fee simple and their Goods and Chattels to the King. Which Act that the Papists may not have the least colour to contradict what I say I
many and Great matters in secret talk amongst Companies of suppressing in like manner the Protestants in England And every one that is acquainted with the History of those times knows that at the same time that these things were bruited about the Papists here the Guises in France and the Queen of Scots that restless and unwearied Enemy of the Protestant Religion were plotting and Contriving against the Queen and that those Plots and Contrivances of the Queen of Scots were never at an end till the Axe put a period to her Life and them together And how forward the Priests of the Romish Church especially of the Order of Jesuits are to assert the Pope's jurisdiction and bring in and Execute his Bulls here in England is well known amongst Protestants And that this is laid by the secular Priests themselves to the Charge of the Jesuits I shall hereafter make appear So that certainly it must be owned that there was very good reason to make this Law and as for the Penalties they were annexed in terrorem rather than with any design to be inflicted to the ruine of them against whom the Laws were made as plainly appears from the History of the first 12 years of this Queens Reign during which time the Persons of the Papists The Queens mild usage of the Papists notwithstanding these Laws remained in the Kingdom quiet and undisturbed till they themselves gave just occasion for putting these and the Antient Laws of the Kingdom in Execution against them and making further provision by the adding new Laws with more severe Penalties or rather inforcing the Execution of the old ones 1 Foulis Hist of Romish Treasons li. 7. cap. 2. fol. 325. The secular Priests in their important considerations confess not above 12 in 10 years and of those 12 some were attainted of Treason Collections f. 41. Lord Treasurer Burleigh hasserts the same f. 28. Abr. Bzov. de Rom. Pontif. c. 46. p. 621. We don't read in our English Histories of twelve Papists that suffered Death in the 10 first Years of the Reign of Q. Elizabeth nor of any that at any time were executed purely for exercising their Religion But those of them that have been executed have dyed for Treason and Rebellion and Mr. Fowlis tells us that it is confest by Bzovius their Papal Champion that there was not any that suffered in Queen Elizabeths time but did teach the dangerous doctrine that the Pope could depose Kings That the Papists both Clergy and Laity were used by the Queen in the Beginning of her Reign with all the kindness and even tenderness imaginable must be believed if one of the greatest Statesmen of his Age and one of the Wisest Persons this Nation ever bred viz. The Lord Treasurer Burleigh who writ in this Queens Reign can challenge any Credit he saith thus 2 Execution for Treason not for Religion p. 6.7 And though there are many Subjects known in the Realm that differ in some Opinions of Religion from the Church of England and that do also not forbear to profess the same yet in that they do also profess Loyalty and Obedience to her Majesty and offer readily in her Majesties Defence to impugn and resist any foreign force tho' it should come or be procured from the Pope himself none of these sort are for their contrary Opinions in Religion prosecuted or charged with any Crimes or Pains of Treason nor yet willingly searched in their Consciences for their contrary Opinions that savour not of Treason They were not Closetted 3 Dr. Burnet in his Hist of the Ref. gives much the same Account of the usage of these Men. pt 2d lib. 3. f. 396. Cambd. doth so likewise fol. 28 29. his Annals And he instances in several Dr. Heath Arch Bishop of York and Lord Chancellor of England in Queen Mary's time who saith he at the first coming of her Majesty to the Crown shewing himself a faithful and quiet Subject was continued in both the said Offices tho' in Religion then manifestly differing and yet was he not restrained of his Liberty nor deprived of his proper Lands and Goods but leaving willingly both his Offices lived in his own House and enjoyed all his purchased Lands during all his natural Life until by very Age he departed this World and then left his House and Living to his Friends An Example of gentleness never matched in Queen Mary's days The Like did Dr. Pool who had been Bishop of Peterborough Dr. Tonstall Bishop of Duresme these of quiet behavior There were others he tells us Dr. White and Dr. Oglethorp the one Bishop of Winchester the other of Carlisle and Dr. Thurlby and Dr. Watson one Bishop of Ely the other of Lincoln not pressed with any Capital Pain though they maintain'd the Pope's Authority against the Laws of the Realm Mr. Fecknam an Abbot is also Instanced in Some Deans as Dr. Boxall Dean of Windsor a Person of great Modesty and Knowledge Dr. Cole Dean of Pauls a Person more earnest than Wise Dr. Reynolds Dean of Exeter and many such others having born Office and Dignities in the Church and had made profession against the Pope which they began in Queen Mary's time to change yet were they never to this day burdned with Capital pains nor yet deprived of any of their Goods or proper Livelyhoods but only remov'd from their Ecclesiastical Offices which they would not Exercise according to the Laws And most of them for a great while were retained in Bishops houses not in Cole-holes and Dungeons as Bonner entertained the Protestants in the Marian daies in very civil and curteous manner without charge to themselves or their Friends until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm by stirring of Rebellion about which time only some of those aforenamed being found busier in Matters of State tending to stir troubles than was meet for the common quiet of the Realm were removed to other more private places not into Smithfield to be burnt after a pretended Conviction of Heresie in an Arbitrary and Illegal manner Cambd. Annals f. 28. In all England where there are 9400 Ecclesiastical Promotions there were turned out of their Livings Dignities and Bishopricks not above 800 Parsons of Churches 50 Prebendaries 15 Presidents of Colledges 12 Archdeacons as many Deans 6 Abbots and Abbesses 14 Bishops Baker 's Chron. f. 395. Until the twentieth year of Queen Elizabeth's Reign the Papists in England were mercifully connived at while they solemnized their own Rites within their private houses tho' that also were against the Laws The Priests confess the Queen 's mild usage of Papists Lord Burleighs Execution for Treason The Secular Priests important considerations and the Jesuits reasons unreasonable f. 34. The Secular Priests themselves Watson and Bluet confess in their important Considerations wherein they make the Jesuits Plottings and Treasons to be the occasion of making and Executing the
Translated into English Hish Acount of the Jesuits Behaviour for the first 25 years of Queen Eliz. f. 35. This Letter refers to lib. 3. cap. 9. of the Life of Pius Quintus by Gabutius See also Caten p. 115. To our Beloved Sons Thomas Earl of Northumberland and Charles Earl of Westmerland in England Beloved Sons Noblemen Health to you and Apostolick Benediction BY your Letters dated to us the eighth day of November which being brought to us the eighth of February we have speedily returned Answer understanding more certainly and particularly the Miseries and Calamities of that most flourishing Kingdom not unknown to us before we were affected with that grief of mind wherewith both the Indignity of these Evils which we suffer in you and Our Paternal Affection towards both you and other Catholicks in that Kingdom ought to affect us for besides that Common Duty of Pastoral Charity wherewith we ought to rejoice at the Welfare or to be grieved at the Calamity of all the Faithful of Christ and of every Province in which the Christian Name is professed we are affected with an Episcopal prerogative of Love and Benevolence towards that Kingdom both because We remember it was heretofore by the Labour and Industry of our Predecessor the Blessed Gregory Bishop of Rome next after God Omnipotent Converted from the Worship of Wood and Stones to the Christian Faith and by fit Men sent thither from him instituted in Manners and in the Catholick Doctrine and also because it used to exhibit to the Apostolick See an excellent Faith and sincerity of Devotion therefore how much we grieve and are troubled at these your Evils and the Evils of that Kingdom which you in the same Letters no less Truely than Miserably Lament cannot easily be exprest in Words We grieve that so many and so great Poisonous Infections of wicked Heresies and so deadly Wounds of the Christian Common-Wealth should chiefly happen in the times of Our Pontificate We are troubled because We are Compelled to be Solicitous about the Danger of you and other Catholicks but yet when We remember the Power of his Prayers who entreated for St. Peter that his Faith might not fail and who enlarging his Church in Tribulation does by so much the more admirably govern it by the Providence of his secret Council 〈◊〉 much the more he sees it tossed by the Waves of Troubles We despaâ—â— not but what we have heard to have been done in former times may also by the Divine assistance be done in ours That the Church which often seems by the prevailing Persecution of Hereticks to be trodden down may return to its State of Antient Felicity the Lord Conspiring with her to a good Omen and may receive encrease from that wherein she seemed to have suffered Loss For Behold even now he that of old things makes new ones and of new things old ones Our Lord Jesus Christ hath by you Men Dear to Vs and Eminent as well by the Study of Catholick Piety as by Nobleness of Birth determined peradventure to renew and confirm the Antient Vnion of the Romish Church with that Kingdom and therefore hath infused into you that mind most worthy of the Zeal of your Catholick Faith that you should attempt to reduce back that Kingdom delivered from the most vile Servitude of a Womans Lust to the Antient Obedience of this Holy Roman See which Pious and Religious endeavour of your Minds We recommend as is fit with just Praises in the Lord and giving it that Our Blessing which you desire We do with the Benignity which becomes us receive your Honours flying to the Power and Protection of us and of this Holy See to whose Authority they Subject themselves exhorting you in the Lord and with all possible earnestness of Our Mind entreating you to Persevere constantly in this your so exceeding good will and lawdable Purpose Being assured that the Omnipotent God whose Works are Perfect and who hath excited you to deserve well of the Catholick Faith in that Kingdom will be assisting to you But if in asserting the Catholick Faith and Authority of this Holy See you should suffer Death and your Blood be spilt it would be much better for the Confession of God to flye by the Compendium of a Glorious Death to Life Eternal than living Basely and Ignominiously to serve the Lust of an Impotent Woman with the Loss of your Souls For think not Beloved Sons in Christ that those Catholick Bishops or Princes of that Kingdom whom you name are ill dealt with who because they would not forsake the Profession of the Catholick Faith are either Imprisoned or undeservedly affected with other Punishments for the Constancy of these Men which is even now confirmed by a new Example as we conceive of the Blessed Thomas Arch-Bishop of Canterbury no man can sufficiently commend as it deserves This same Constancy you also imitating be of a Couragious and Constant mind and desist not from the Enterprize by any Threats or denunciation of Danger For God in whom you ought to repose your Trust who did cast the Chariot and Army of Pharaoh into the Sea is able to break the Strength and Power of his Adversaries so that by you the Primitive Religion and Ancient dignity of that Realm may be restored which that it may be Compassed we shall not only help you in performing with those Christian Princes whom you would those Offices which you desire but also in Contributing at present that Sum of Money which according to our Ability in answer to your Request We can supply you with as you shall more clearly and fully understand by our Beloved Son Robert Rodolphus We being also ready to endeavour hereafter to contribute a Greater Sum than the Imbecility of Our Power will bear and with a ready and chearful Mind to help your Pious Endeavour with all our Estate and Power which We can in the Lord. Given at Rome at St. Peters under the Fishers Ring the twentieth Day of February 1570. In the fifth year of our Pontificate The Character the Lord Treasurer Burleigh gives this Charles Earl of Westmerland is That he was a person utterly wasted by Looseness of Life Execution for Treason Collection p. 2. and by God's punishment even in the time of his Rebellion bereaved of his Children that should have succeeded him in the Earldom he saith his Body was eaten with Ulcers of Lewd Causes that no Enemy he had could wish him a Viler Punishment This was one of Pope Pius Quintus his Sons No sooner was this Rebellion thus happily supprest and so much mercy shewn The second Rebellion was in the same year and beâ—ded by Leonard Dacres Cambd Annals fol. 136 137. but another breaks out at Naworth in Cumberland headed by Leonard Dacres second Son to William Lord Dacres of Gillesland in order to deliver the Queen of Scots who was then in Custody but the Lord Hunsdon with the Old Garrison Soldiers of Berwick
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
judgment as not to see mine own danger before mine Eyes nor so indiscreet as to sharpen a Sword to cut my own Throat nor so egregiously careless as not to provide for the safty of mine own Life This I consider with my self that many a Man would hazzard his own Life to save the Life of a Princess but I am not of their opinion these things have I many times thought upon seriously with my self But since so many have both written and spoken against me give me leave I pray you to say somewhat in mine own defence that ye may see what manner of Woman I am for whose safety and preservation you have taken such extraordinary care wherein as I do with a most thankful heart discern and read your great vigilancy so I am sure I shall never requite it had I as many lives as all you together When first I took the Scepter into my hand I was not unmindful of God the giver and therefore I began my Reign with securing his Service and the Religion I have been both born-in bred in and I trust shall dye in And though I was not ignorant how many dangers I should meet withal at home for my altering Religion and how many great Princes abroad of a contrary Profession would in that respect bear an Hostile mind towards me yet was I no whit dismayed thereat knowing that God whom alone I eyed and respected would defend both me and my Cause Hence it is that so many Treacheries and Conspiracies have been attempted against me that I might well admire to find my self alive at this present day were it not that Gods holy hand hath still protected me beyond all Expectations Next to the end I might make the better progress in the Art of Ruling well I had long and serious Consultations with my self what things were most worthy and becoming Kings to do and I found it absolutely necessary that they should be compleatly furnished with those prime Capital Vertues Justice Temperance Prudence and Magnanimity Of the two latter I will not boast my self my Sex doth not permit it they are proper to Men but for the two former and less rough I dare say and that without ostentation I never made a difference of Persons but high and low had equally right done them I never preferred any for favour whom I thought not fit and worthy I never was forward to believe Storys at the first telling nor was I so rash as to suffer my Judgement to be forestalled with prejudice before I had heard the Cause I will not say but many reports might happily be brought me too much in favour of the one side or the other for a good and wary Prince may sometimes be bought and sold whilst we cannot hear all our selves yet this I dare say boldly my Judgment as far as I could understand the Case ever went with truth And as Alcibiades advised his friend not to give any answer till he had run over the Letters of the whole Alphabet so have I never used rash and sudden resolutions in any thing And therefore as touching your Councils and Consultations I acknowledge them to have been with such care and Providence and so advantageous for the preservation of my Life and to proceed from hearts so sincere and devoted to me that I shall endeavour what lyes in my power to give you cause to think your pains not ill bestowed and strive to shew my self worthy of such Subjects And now for your Petition I desire you for the present to content your selves with an answer without answer your Judgement I condemn not neither do I mislike your reason but I must desire you to excuse those thoughtful doubts and cares which as yet perplex my Mind and so rest satisfied with the profession of my thankful esteem of your affections and the answer I have given if you take it for any answer at all if I should say I will not do what you request I might say perhaps more than I intend and if I should say I would do it I might plunge my self into as bad inconveniencies as you endeavour to perswade me from which I am confident your wisdom and discretions would not that I should if you consider the circumstances of place time and the manner and conditions of Men. In December 1586. the Parliament was prorogued saith Cambden D' Ewes Jour f. 407. Adjourned saith D' Ewes to the 15th of February and thence ajourned to the 22 of February and soon after notice was given to the Queen of Scots of her Sentence which she received joyfully and seemed to Triumph that she was taken for an instrument for introducing Popery But a Bishop and Dean of the Church of England Queen of Scots carriage to a Bishop and Dean of the Church of England Camb. Annals f. 308. being commended to her to fit her for Death she rejected them and sharply taxed the English Nation saying that the English had many times put their own Kings to death no marvel therefore if they now also shewed their cruelty upon her who was issued from the Blood of their Kings After her Sentence was published before any Warrant for her Execution People vented their several Opinions some for it some against it I shall Wave all but the then French Ambassadours Reasons on the behalf of the Queen of Scots and the Answer to those Reasons as they are related by Cambden as follows That it very much concerned the most Christian King of France and all other Kings The French Ambassadours Reasons against executing the Queen of Scots Camb. Annals f. 374. that a Queen a free and absolute Princess should not be put to death That the Queens safety would not be more endangered by the death of Queen Mary then it would be by her Life That if she were delivered out of Prison she could probably attempt nothing against the Queen being now in a sickly condition and having but a short time to live That although she had laid claim to the Crown of England she was not to be blamed for it but it was wholly to be imputed to her young and tender Years and to bad Councellors That she came at first a supplicant into England and therefore having been unjustly detained she was now at length to be either ransomed or mercifully dealt withal Moreover that an absolute Prince was not to be called in question which made Tully say So unsual a thing it is for a King to be put to death for any Crime that before this time it was never so much as heard of That if she were Innocent she were not to be punished if Guilty she was to be spared for this would turn to far greater honour and advantage and would be recorded eternally as an example of the English Clemency That the story of Porsenna in this Case was to be remembred who snatched the right hand of Mutius Scaevola out of the Fire and set him at Liberty though he had
of Parliament because they yet strengthen and confirm the Truth of the said Conspiracy and that they do so must be confest unless Men will fly in the Face of that Parliament I have here inserted as I find the same in Rastal's Statutes The First is Intituled An Act for publick Thanks-giving to Almighty God every Year on the Fifth Day of November FOrasmuch as Almighty God hath in all Ages shewed his Power and Mercy 3 Jac. 1. ca. 1. Rast Stat. 2. Part. f. 588. The Act for keeping the Fifth of November yearly as a Day of Thanks-giving in the Miraculous and Gracious Deliverance of his Church and in the Protection of Religious Kings and States and that no Nation of the Earth hath been blessed with greated Benefits than this Kingdom now enjoyeth having the true and free Profession of the Gospel under our most gracious Sovereign Lord King James the most Great Learned and Religious King that ever reigned therein enriched with a most hopeful and plentiful Progeny proceeding out of his Royal Loyns promising Continuance of this Happiness and Profession to all Posterity and the which many malignant and devilish Papists Iesuits and Seminary Priests much envying and fearing conspired most horribly when the Kings most excellent Majesty the Queen the Prince and all the Lords Spiritual and Temporal and Commons should have been assembled in the upper House of Parliament upon the fifth Day of November in the Year of our Lord 1605. suddenly to have blown up the said whole House with Gun-powder an Invention so inhuman barbarous and cruel as the like was never before heard of and was as some of the principal Conspirators thereof confess purposely devised and concluded to be done in the said House that where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously term cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once which would have turned to the utter Ruine of this whole Kingdom had it not pleased Almighty God by inspiring the Kings most excellent Majesty with a Divine Spirit to interpret some dark Phrases of a Letter shewed to His Majesty above and beyond all ordinary Construction thereby miraculously discovering this hidden Treason not many Hours before she appointed time for the Execution thereof therefore the Kings most excellent Majesty the Lords Spiritual and Temporal and all His Majesties faithful and loving Subjects do justly acknowledge this great and infinite Blessing to have proceeded meerly from God his great Merry and to his most Holy Name do ascribe all the Honour Glory and Praise And to the end this unfeigned Thankfulness may never be forgotten but be in a perpetual Remembrance that all Ages to come may yield Praises to his Divine Majesty for the same and have in Memory This joyful Day of Deliverance Be it therefore enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and Angular Ministers in every Cathedral and Parish Church or other usual Place for Common-prayer within this Realm of England and the Dominions of the same shall always upon the fifth Day of November say Morning-prayer and give unto Almighty God Thanks for this most happy Deliverance and that all and every Person and Persons inhabiting within this Realm of England and the Dominions of the same shall always upon that Day diligently and faithfully resort to the Parish Church or Chappel accustomed or to some usual Church or Chappel where the said Morning-prayer Preaching or other Service of God shall be used and then and there to abide orderly and soberly during the time of the the said Prayers Preaching or other Service of God there to be used and ministred And because all and every Person may be put in mind of this Duty and be the better prepared to the said Holy Service be it enacted by Authority aforesaid that every Minister shall give Warning to his Parishioners publickly in the Church at Morning-prayer the Sunday before every such fifth Day of November for the due Observation of the said Day And that after Morning-prayer or Preaching upon the said fifth Day of November they read publickly distinctly and plainly this present Act. The Second is intituled An Act for the Attainder of divers Offendors in the late most barbarous monstrous detestable and damnable Treasons The Preamble of which Act runs thus 3 Jac. 1. ca. 2. Rast Stat 2. part f. 589 An Act for the Attainder of the Conspirators IN most humble manner beseeching your most excellent Majesty your most Loyal Faithful and true Hearted Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That whereas Arthur Creswel Jesuite who at the time of his Profession to be a Iesuite took upon him the Name of Joseph Creswel Oswald Tesmond Jesuite and Thomas VVinter late of Huddington in the County of VVorcester Gent. the last Day of June in the four and fortieth Year of the late Queen Elizabeth of famous Memory at Valedolide within the Kingdom of Spain and at divers other days within the same four and fortieth Year of the said late Queen at Valedolide aforesaid and elsewhere within the same Kingdom of Spain by the Means Procurement and Privity of Robert Catesby late of Ashby in the County of Northampton Esq Francis Tresham late of Rushton in the said County of Northampton Esq and Henry Garnet Iesuite assuming upon him to be Superior of the Iesuits within this Ream of England and others being all natural born Subjects of this Realm did Traiterously and against the Duty of their Allegiance move and incite Philip then and yet King of Spain then being at open Enmity and Hostility with the said late Queen with Force to invade this Kingdom of England and to joyn with the Papists and discontented Persons wiâ—â—in this Realm of England to depose and overthrow the same late Queen of and 〈◊〉 her Crown and of and from all Her Royal Estate Title and Dignity and to suppress and abolish the true Religion of Almighty God truly and sincerely professed within this Kingdom and to restore the Superstitious Romish Religion within the same and to bring this Antient Famous and most renowned Kingdom to utter Ruine and miserable Captivity under Forreign Power and for that the greatest Impediment unto the same Invasion would be the want of Help of good Horses the said Thomas VVinter the rather to incourage the said King thereunto was to offer unto the same King on the Behalf of the Papists of England to give him Assistance presently upon the Landing of his Forces with one thousand five hundred or two thousand Horses and that for their better accomplishing thereof he should move the said King to furnish the Papists of England with a good Sum of Money partly to be employed to
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
they thought to have destroyed And yet so far hath both my Heart and Government been from any bitterness as almost never one of those sharp additions to the former Laws have ever yet been put in Execution And that ye may yet know further for the more convincing these Libellers of wilful Malice who impudently affirm that this Oath of Allegiance was devised for deceiving and intrapping of Papists in point of Conscience The truth is that the Lower-House of Parliament at the first framing of this Oath made it contain that the Pope had no Power to Excommunicateme which I caused them to reform only making it to conclude That no Excommunication of the Popes can warrant my Subjects to practice against my Person or State denying the deposition of Kings to be in the Popes lawful Power As indeed I take any such Temporal violence to be far without the Limits of such a spiritual Censure as Excommunication is So careful was I that nothing should be contained in this Oath except the profession of Natural Allegiance and Civil and Temporal obedience with a Promise to resist all contrary uncivil violence This Oath now grounded upon so great and just occasion set forth in so reasonable Terms and ordained only for making a true distinction between Papists of quiet dispotion and in all other things good Subjects and other Papists such as in their hearts maintained the like violent bloody Maxims that the Powder Traytor did * And here I can't but take notice that the very design of the Oath of Allegiance was to make a distinction between Papists of unquiet and turbulent and of quiet and peaceable Minds and had not in its original any influence upon the Protestants nor did at the time of making concern them and that after Protestants were enjoyned to take it the same was intended to no other purpose then to difference them from Papists and therefore the taking the new Oaths to their present Majesties cannot but be well consistent with the former Oath of Allegiance especially if it be considered that the late King is himself a Papist So that it is evident King James thought the said Plots Treasons Conspiracies and other unbecoming and undutiful words and practices was ground sufficient to make the said Law. And doubtless The Powder-Treason justifies the State in making another Act of Parliament the same Session Intitled An Act to prevent and avoid danger which may grow by Popish Recusants The preamble of which Act making it further to appear that the Powder-Treason was the occasion of making this Law I shall here insert the Preamble verbatim and then the substance of the Act. WHereas divers Iesuits 3 Jac. 1. ca. 5. Rast Stat. f. 597. Papists banished the Court and the City of London upon a pecuniary Mulct Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from their true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal obedience to his Majesty and have of late scretly perswaded divers Recusants and Papists and encouraged and embolâ—ned them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Common-wealth if God of his Goodness and Mercy had not within few hours before the intended time of the Execution thereof revealed and disclosed the same wherefore to discover and prevent such secret and damnable Conspiracies and Treasons as hereafter may be put in use by such evil disposed Persons if remedy be not therefore provided Then the Law provides That the discoverer of Iesuites or Priests or harbourers of them shall have the third Part of all that is recovered against them so as the same exceeds not One hundred and Fifty Pounds and Fifty Pounds only where it exceeds the sum of One hundred and Fifty Pounds No Papist shall come to Court upon the Penalty of a Hundred Pounds for every default Papists not to come into London nor ten Miles compass of the same upon forfeiture of One hundred Pounds Papists confined to their Houses or Places of above and not to remove above five Miles from thence Not to Travel without Licence how Licence to be obtain'd and no License to be given to enable them to the contrary but such as are prescribed by this Act His Majesty Three of the Privy-Council Four Iustices of the Peace with the Privity may License and assent of the Bishop Lieutenant or Deputy Lieutenant under Hand and Seal the cause of removing must be inserted in the Warant and Oath made of the truth of it Papists disabled from Practicing as Lawyers Common or Civil c. All Papists convict are disabled from practising as a Counsel Clark Attorney or Sollicitor Advocate or Proctor as Physician using the Trade of an Apothecary from being Iudge Minister Clark or Steward of or in any Court or keeping any Court or being Town Clark or other Minister or Officer in any Court from bearing any Office or Charge as Captain Lieutenant Corporal Serjeant Antient Bearer or other Officer in Camp Troop Band or Company of Souldiers from being Captain Master Governour or bearing any Office or Charge A Man having a Wife a Papist Convict is disabled from exercising any public Office or Charge Feme Covert Convict looses part of her Joynture c. of or in any Ship Castle or Fortress and forfeits one hundred pounds for every Offence besides the disability No Popish Recusant Convict nor any having a Wife being a Popish Recusant Convict shall exercise any public Office or Charge in the Common-wealth but are utterly disabled Feme Covert Convict looses two parts of her Ioynture and Dower is disableâ— from being Executrix or Administratrix to her Husband and to have any Part of his Goods or Chattels A Popish Recusant Convict is disabled as an Excommunicate Person But notwithstanding it he may sue for or concerning only such of his or her Lands c. or the issues thereof which are not to be seized or taken into the Kings Hands his Heirs or Successors by force of any Law for or concerning his or her Recusancy or any part thereof Every Man that is a Papist covict Marrying contrary to the Orders of the Church of England is disabled from being Tenant by the courtesie if any Lands c. of his Wives and if she hath no Lands forfeits a hundred Pounds a Woman Papist convict so marrying is disabled to Claim Dower Papists must Marry according to the usage of the Church of England Papists must Bapt. according to the usage of the Church of England Their Children must not be sent beyond Seas Papists shall not present to Livings Popish Books inhibited Papists to be disarmed Ioynture and Widows Estate and Franck Bank in customary Lands Papists must baptize their Children according to the Rites of the Church of England upon a hundred Pounds
by her Authority from any other whatsoever c. Dated at Rome at St. Peters c. 1. Feb 1608. Birket upon the Receipt of this Breve draws up and sends abroad this admonishing Letter To all the Reverend Secular Priests of ENGLAND Most Dearly beloved Brethren WHereas I have always desired to live without molesting or offending others Birkets Letter to the Popish Clergy against taking the Oath and going to Church Foulis Hist l. 10. cap. 3. f. 530. it cannot be but a wonderful corosive Sorrow and Grief unto me that against mine own inclination I am forced as you have seen by the Breve it self to prescribe a certain time for such as do find themselves to have been contrary to the Points which are touched in the said Breve concerning the Oath and going to Church that they may thereby return and conform themselves to the Doctrine declared by his Holiness both in this and the other former Breves And therefore now by this Present do give notice unto you all that the time which I prefix and prescribe for that purpose is the space of two Months next ensuing after the knowledge of this Admonition Within which time such as shall forbear to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein Yet signifying unto you withal that such as do not within the time prescribed give this Satisfaction I must tho much against my Will for fulfilling his Holinesses Commandments deprive them and denounce them to be deprived of all their Faculties and Priviledges granted by the See Apostolick or by any other Authority thereof unto them or to any of them and so by this Present do denounce hoping that there is no Man will be so wilful or disobedient to his Holinesses Order but will conform himself as becometh an obedient Child of the Catholick Church And so most heartily wishing this Conformity in us all and that we may Live and Labour together Unanimes in Domo Domini I pray God give us the Grace to effect that in our Actions whereunto we are by our Order and Profession obliged Your Servant in Christ George Birket Arch-Priest of England and Protonotary Apostolical This 2d of May 1608. There was by reason of these Bulls great Writing against the Lawfulness of Papists taking the Oath And it can't be but all of them who writ against it make this their Foundation That it takes away the Popes power of depriving Kings and absolving Subjects from their Allegiance So that certainly it was high time for the State to take care of the safety of their Religion and their Prince the Defender thereof The Parliament therefore in the Seventh Year of King James the First that they might know who were Friends to a Foreign power and consequently Enemies to the established Government made an Act of Parliament Intitled An Act for Administring the Oath of Allegiance and Reformation of married Women Recusants Which is the last Law I find made in this Kings Reign relating to the Papists The Preamble runs thus 7. Jac. 1. cap. 6. Rast Stat. 2. part f. 666. For taking the Oath of Allegiby Protestants as well as by Papists And Feme Courts Papists to Penalties VVHereas by a Statute made in the third Year of your Majesties Reign intituled An Act for the better discovering and repressing of Popish Recusants The form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by Bond of Allegiance but also by the Commandment of Almighty God ought to bear to your Majesty your Heirs and Successors which Oath such as are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof your Majesty hath heretofore undertaken and worthily performed to the great Contentment of all your Loving Subjects notwithstanding the Gain-sayings of contentious Adversaries And to shew how greatly your Loyal Subjects do approve the said Oath they prostrate themselves at your Majesties feet beseeching your Majesty that the same Oath may be Administred to all your Subjects To which end we do with all humbleness beseech your Highness that it may be Enacted And then To shew how greatly they approved the said Oath they desired it might be Administred to all the Subjects of England and accordingly it was Enacted That it should be taken by all Persons above the Age of eighteen Years The penalty for the refusâ—ing upon tender is Imprisonment without Bayl or Main-prize and disability to execute any place of Iudicature to bear any other Office to use or Practice the Common or Civil Law Physick or Chirurgery the Art of an Apothecary or any Liberal Science for His or Her gain By this Act a married Woman that is a Papist convict if she doth not within three Months after Conviction conform shall be committed to Prison without Bayl or Main-prize unless her Husband will pay ten Pounds a Mouth for the Wives offence or the third part of all his Lands c. for so long time as she remaining a Papist convict shall continue out of Prison during which time and no longer she may be at Liberty The Penal Laws in this Reign justified And certainly Watson and Clarks Plot the Gun-Powder Treason and the restless endeavours of the Pope and the Jesuits by his sending and their bringing over Bulls to alienate the Kings Subjects from their Allegiance will highly justifie the State in making these Laws against the Papists that were made in this Kings Reign And the more reasonable will they appear to be if it be considered that we do not find that he ever Executed one Person Priest Jesuit or other for Religion but all Died for Treason even Garnet himself was sorry that he could not Dye for Religion his guilt of Treason being so notorious And therefore these Plots Conspiracies and Treasons carry in the Face of them the greatest ingratitude imaginable The King in the Tenth Year of his Reign being affrighted with Henry the Fourth of France his being Stabbed by Ravilliac ventures upon a Proclamation King James his last Proclamation against the Jesuits Wilsons Hist f. 51 52. strictly commanding all Jesuits and Priests out of the Kingdom and all Recusants to their own Houses not to come within ten Miles of the Court and secures all the rest of his Subjects to him by an universal taking of the Oath of Allegiance which the Parliament both Lords and Commons then sitting began and the rest of the People followed (a) Wilsons Hist f. 25. Soon after this Parliament was Dissolved and Prince Henry was created Prince of Wales after which the Kings first Treaty for disposal of any of his Children was by his Leiger Ambassador in Spain with that King for the Lady Elizabeth (b) Wilsons Hist f. 91. Rushw Col. 1 part f. 1. and
Spaniards gives the overture of the Match Rushw Col. part 1. f. 4. The King having had thoughts of a Match for Prince Charles with France and the Duke of Savoy having been before him and prevailed for his Son the Prince of Piedmount The Spaniard giving the overture of a Match King James embraceth it and Articles of Religion between the King of England and Spain were agreed on which were these c. Articles of Religion agreed upon between the Kings of England and Spain That the Popes Dispensation be first obtained by meer Act of the King of Spain That the Children of this Marriage be not constrained in Matters of Religion nor their Title prejudiced in case they prove Catholics That the Infanta's Family being Strangers may be Catholics and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious Persons may wear their own proper Habits That the Marriage shall be Celebrated in Spain by a Procurator according to the instructions of the Councel of Trent and after the Infanta's Arival in England such a Solemnation shall be used as may make the Marriage valid according to the Laws of this Kingdom That she shall have a competent number of Chaplains and a Confesser being Strangers one whereof shall have Power to Govern the Family in Religious Matters But none of the People of England but were averse to this Match except the Papists whose interest indeed it was to carry it on After the Bohemians had chosen the Count Palatine King of Bohemia he craved advice of his Father in Law King James touching the acceptation of that Royal dignity But before he could receive his advice he was prevailed upon to accept it Count Palatine chose King of Bohemia Wilsons Hist f. 132. Rushw Col. 1. part f. 12. because the emergency of the Cause would admit of no delay and afterwards sent to King James to excuse it When this important business of the Count Palatines accepting the Crown of Bohemia was related in the Kings Councel to evince of what advantage it was to the Protestant Cause I shall here insert Arch-Bishop Abbots Letter to Sir Robert Nauton the Kings Secretary the Arch-Bishops infirmities not permitting him at that time to attend the Councel That God hath set up this Prince his Majesties Son in Law Arch-Bishop Abbot's Letter touching the Count Palatines accepting the Crown of Bohemia as a mark of Honour throughout all Christendom to propagate the Gospel to help the oppressed that for his own part he dares not but to give advice to follow where God Leads apprehending the Work of God in this and that of Hungary that by Peece and Peece the Kings of the Earth that gave their Power to the Beasts shall leave the Whore and make her desolate that he was satisfied in Conscience the Bohemians had just cause to reject that Bloody Man who had taken a course to make that Kingdom not Elective in taking it by the donation of another the slighting of the Viscount Doncaster in his embassage gave cause of just displeasure and indignation therefore let not a Noble Son be forsaken for their sakes who regard nothing but their own ends our striking in will comfort the Bohemians Honour the Palsgrave strengthen the Princes of the Vnion draw on the United Provinces stir up the King of Denmark and the Palatines two Vncles the Prince of Orange and the Duke of Bovillon together with Termoville a rich Prince in France to cast in their shares The Parliament is the Old and honourable way for raising of Money and all that may be spared is to be returned this way and perhaps God provided the Jewels that were laid up in the Tower by the Mother for the preservation of the Daughter who like a Noble Princess hath professed that she will not leave her self one Jewel rather then not maintain so Religious and Righteous a Cause certainly if countenance be given to this Action many brave Spirits will offer themselves therefore let all our Spirits be gathered up to animate this business that the World may take notice that we are awake when God calls By this Letter it plainly appears that it was the Arch-Bishops Opinion that it tended much to the promoting the Reformation that the Count Palatine should accept the Crown of Bohemia and the Crown of England should stand by him in it and whoever reads the most impartial writers of those times will find that the Spanish Match which was then a foot and Popish Councels at home was the true Cause of the loss of the Palatinate and the ruine of that Protestant Prince and how could things be expected otherwise so long as Gondamor had so far the ascendant of the King that when the Earl of Essex solicited the King after the War was begun to send more Forces Gondamor obstructed it whatever he desired was done and few or none were well respected at Court but Spanish * Wilsons 144. Rushw 1. part f. 18. vide the private instructions to the Spanish Ambassador sent into England Pentioners under whom the Papists flourished After the Palatinate was lost the King outwardly seemed willing to assist towards the Recovery of it and therefore proposes it first to the Privy Councel and afterwards called a Parliament which was to meet the thirteenth of January in the 18 th Year of his Reign proposing to himself that the People for regaining the Palatinate would open their Purses which he might make use of and that a good agreement Between him and his People would induce his Brother of Spain to be more Active and so he should have supply from the one and dispatch from the other i. e. Mony and the Spanish Match were the ends he aimed at let the Palatinate Sink or Swim 't was no matter This the Jesuits and Seminary Priests knew well enough and therefore they Wilsons Hist. f. 151. rangeing up and down like Spirits let loose did not now as formerly creep into Corners using close and cunning Artifices but practised them openly having admission to our Councellors of State. And when Secretaries and such as manage the intimate Councels of Kings are Jesuits and Clients to the Pope there can be no tendency of affection to a contrary Religion or Policy Yet these were the Men that carried all before them at Court And the Protestant interest must needs flourish under such Ministers of State especially if it be considered that England was not only Man'd with Jesuits all Power now failing to oppose them but the Women also began to practice the Trade Women Jesuitrices calling themselves Jesuitrices This Order was first set on foot in Flanders by Mrs. Ward and Mrs. Twitty two English Gentlewomen who Cloathed themselves in Ignatian Habit and were Countenanced and Supported by Father Gerrard Rector of the English Colledge at Leige with Father Flack and Father More Their design was to Preach the Popish
Doctrine to their own Sex in England i. e. to Alienate their Hearts from their Soveraign if he be not of their Religion or will not at least connive at it to engage them in Plots Conspiracies and Treasons for the destroying Heretical i. e. Protestant Kings and Heresie that is Protestantism that they do or should defend This project took so as any thing doth that tends to promoting Mother Church that in a short time this Mrs. Ward by the Popes indulgence who will indulge any thing that tends to destroy what he calls Heresie became the Mother General of no less then two Hundred English Damsels of good Birth and Quallity whom she sent abroad to Preach This Story and many other Jesuitical exploits are more particularly related in Wadsworths Spanish Pilgrim to which I refer the Reader The Parliament meet Wilsons Hist f. 193. Rushw Coll. 1 pt f. 23. On the 30 th of January 1620. the Parliament met according to the Summons and notwithstanding the King 's smooth Speech to them they petitioned him for the due Execution of the Laws against Jesuits Seminary Priests and Papists which evidences that there was either none or at least a very slender Execution of those Laws They rip up Grievances They rip up many Grievances that the People had groaned under during the Intervals of Parliament by Monopoly Patents and otherwise punished the great Managers of them with exemplary Punishments and to make the Redress of these Grievances pass the more easily with the King they gave him two Subsidies which was very acceptable to him The Parliament adjourned without taking care of the Palatinate or Protestant Religion Rushw Coll. 1 pt f. 35. Wilsons Hist f. 164. He having got this Supply when the Parliament had sate about four Months he sent them word by the Lord Treasurer that he would have them adjourn as being more expedient than a Prorogation that he had redressed Corruption in Courts of Justice by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver Thread and cherished the Bill against Informers and Monopolies but not a word of Care taken to recover the Palatinate or putting the Laws in execution against the Papists The Commons take it amiss which the King resents and on the fourth of June 1621. in the ninteenth Year of his Reign Wilson saith till February he declared for an Adjournment till November following and that he will in the mean time of his own Authority redress Grievances The House of Commons immediately before this Recess taking to heart the Miseries of the Palatinate and knowing how much the Protestant Religion was concerned in it resolved that the drawing back in so good a Cause should not be charged on their Slackness and therefore made the Declaration following with an universal Consent The Commons Declaration touching the Palatinate Rushw Coll. 1 pt f. 36. Wilsons Hist f. 164. THE Commons assembled in Parliament taking into most serious Consideration the present State of the Kings Children abroad and general afflicted Estate of the true Professors of the same Christian Religion professed by the Church of England in foreign Parts and being touched with a true Sense and Fellow-feeling of their Distresses as Members of the same Body do with unanimous Consent in the Name of themselves and the whole Body of the Kingdom whom they represent declare unto His most Excellent Majesty and to the whole World their hearty Grief and Sorrow for the same and do not only joyn with them in their humble and devout Prayers to Almighty God to protect his true Church and to avert the Dangers now threatned but also with one Heart and Voice do solemnly protest That if His Majesties pious Endeavours by Treaty to procure their Peace and Safety shall not take that good Effect which is desired in Treaty wherefore they humbly beseech His Majesty not to suffer any longer Delay that then upon Signification of His Majesties Pleasure in Parliament they shall be ready to the utmost of their Powers both with their Lives and Fortunes to assist him so as that by the Divine Help of Almighty God which is never wanting unto those who in his Fear shall undertake the Defence of his own Cause he may be able to do that with his Sword which by a peaceable Course shall not be effected Soon after this the King was plyed from Spain and Rome The King plied for Favour to Papists to enlarge his Favours to Popish Recusants and it could not be otherwise expected so long as there was any thoughts of so near an Alliance between Spain and England The Parliament met again the twentieth of November The Parliament meet and because the House of Commons found that though the King declared for War he pursued Peace and resolved to close with Spain They resolved to try the Kings Spirit by the following Petition and Remonstrance wherein they laid open the Distempers of those Times with their Causes and Cures The Causes they told him were these The Vigilance and Ambition of the Pope A Remonstrance by the Parliament against Popery Wilson f. 167. Rushw Coll. 1 pt f. 40. and his Son the Spanish Prince The Devilish Doctrines of the Romish Church The distressed Estate of the Protestants abroad The disasterous Accidents to his a The Count Palatines Family Children abroad The strange Confederacy of the Popish Princes to subvert the Protestant Religion here The great Armies raised by the Spaniard The Papists Expectations of the Spanish Match Foreign Princes interposing for Favour to Papists here The Papists open Resort to Foreign Ambassadors Their Concourse to London and their Conventicles there The Education of their Children in Seminaries The Grants of their Forfeitures to Persons who take little or nothing of them The printing Popish Books The Swarms of Priests and Jesuits The common Incendiaries of all Christendom disperst in all parts of the Kingdom The growing Mischiefs to Church and State they told him were these The Popish Religion is incompatable with ours and draws with it an unavoidable Dependance on Foreign Princes It opens a wide Gap for Popularity to any who shall draw too great a Party b We have lately seen the Truth of this verified when the Papists from Connivance actually got a Toleration and that with an Equality and had got the Superiority and subverted our Religion had not God in his Providence interposed it hath a restless Spirit and will strive by these Gradations If it get but a Connivance it will press for a Toleration if that should be obtained they must have an Equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies proposed were That the King would take his Sword into his Hand that he would therewith assist the Protestants abroad not to rest upon a War in these Parts only but give a Diversion otherwise That this War
Places of Government who do shall or may Countenance the Popish Party The Remedies against this Outragious and dangerous Disease we conceive to be these ensuing 1. That the Youth of this Realm be carefully Educated by careful and Religious Schoolmasters and they to be enjoyned to Catechize and Instruct their Schollars in their Grounds and Principles of true Religion And whereas by many Complaints from divers Parts of the Kingdom it doth plainly appear That sundry Popish Schollars dissembling their Religion have craftily crept in and obtained the Places of Teaching in divers Counties and thereby infected and perverted their Schollars and so fitted them to be Transported to the Popish Seminaries beyond the Seas that therefore there be great care in choice and admitting Schoolmasters and that the Ordinaries make diligent enquiries of their Demeanours and proceed to the removing of such as shall be faulty or justly suspected His Majesties Answer THis is well allowed of and for the better performance of what is desired Letters shall be Written to the two Archbishops and from them Letters to go to all the Ordinaries of their several Provinces to see this done the several Ordinaries to give account of their doings herein to the Archbishops respectively and they to give account to his Majesty of their Proceedings herein 2. That the Antient Discipline of the Universities be restored being the famous Nurseries of Literature and Vertue Answ This is approved by his Majesty and the Chancellor of each University shall be required to cause due Execution of it 3. That special care be taken to enlarge the Word of God through all the Parts of your Majesties Dominions as being the most powerful means for planting of true Religion and rooting out of the Contrary to which end among other things let it please your Majesty to Advice your Bishops by fatherly intreaty and tender usage to reduce to the peaceable and orderly Service of the Church such able Ministers as have been formerly silenced that there may be a profitable use of their Ministry in these needful and dangerous times and that Non-residencies Pluralities and Commendams may be moderated where we cannot forbear most humbly to thank your Majesty for diminishing the Number of your own Chaplains not doubting of the like Princely care for the well bestowing of the rest of your benefices both to the Comfort of the People and the incouragement of the Universities being full of grave and able Ministers unfurnished of livings Answ This his Majesty likes well so as it be applied to such Ministers as are peaceable orderly and Conformable to the Church Government For Pluralties and Non-residencies they are now so moderated that the Arch Bishops affirm there be now no dispensations for Pluralities granted nor no Man now is allowed above two benefices and those not above thirty Miles distant and for avoiding Non-residence the Cannon in that case provided shall be duly put in Execution For Commendams they shall be sparingly granted only in such case where the exility and smalness of the Bishopprick requireth also his Majesty will cause that the Benefices belonging to him shall be well bestowed and for the better propagating of Religion his Majesty recommendeth to the House of Parliament that care may be taken and provision made that every Parish shall allow a Competent Maintenannce for an able Minister and that the owners of Parsonages Impropriate would allow to the Vicars and Ministers Curates in Villages and places belonging to their Parsonage sufficient stipend and allowance for Preaching Ministers 4. That there may be stricct provision against Transporting of English Children to the Seminaries beyond the Seas and for the recalling of them who are already there placed and for the Punishment of such your Subjects as are maintainers of those Seminaries or of the Schollars considering that besides the seducing of your People great sums of Money are yearly expended upon them to the impoverishing of this Kingdom Answ The Law in this Case shall be put in Execution and further there shall be Letters written to the Lord Treasure and also to the Lord Admiral that all the Ports of this Realm and the Creeks and Members thereof be strictly kept and strait searches made to this end A Proclamation shall be to recal both the Children of Noblemen and the Children of any other Men and they to return by a day also maintainers of Seminaries of Schollars there shall be punished according to Law. 5. That no Popish Recusant be permitted to come within the Court unless your Majesty be pleased to call him upon special occasion agreeable to the Statue of 3. Jac. and whereas your Majesty for the preventing of apparent mischiefs both to your Majesty and the State hath in your Princely wisdom taken order that none of your natural born Subjects not professing the true Religion as by Law established be admitted into the Service of your Royal Consort the Queen we give your Majesty most humble thanks and desire that your order herein may be observed Answ If his Majesty shall find or be informed of any concourse of Recusants to the Court the Law shall be strictly followed And his Majesty is pleased that by a Proclamation the Brittish and Irish Subjects shall be put in the same Case and as his Majesty hath provided in his Treaty with France so his purpose is to keep it that none of his Subjects shall be admitted into his Service or into the Service of his Royal Consort the Queen that are Popish Recusants 6. That all the Laws now standing in force against Jesuites Seminary Priests and others having taken Orders by Authority derived from the See of Rome be put in due Execution and to the intent they may not pretend to be surprised that a speedy and certain day be prefixed by your Majesties Proclamation for their departure out of this Realm and all other your Dominions and not to return upon the severest Penalties of the Laws now in force against them and that all your Majesties Subjects may be thereby admonished not to receive comfort entertain or conceal any of them upon the Penalties which may be lawfully inflicted and that all such Papists Jesuites and Recusants who are and shall be imprisoned for Recusancy or any other cause may be so strictly restrained as that none shall have conference with them thereby to avoid the Contagion of their corrupt Religion and that no Man that shall be suspected of Popery be suffered to be a Keeper of any of his Majesties Prisons Answ The Law in this case shall be put in Execution and a Proclamation shall be to the effect desired and such restraint shall be made as is desired and no Man that is justly suspected of Popery shall be suffered to be a Keeper of any of his Majesties Prisons 7. That your Majesty be pleased to take such order as to your Princely Wisdom shall be expedient that no natural born Subject or strange Bishops nor any other by Authorty from the
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
the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and
Pretence of Charity or otherwise c. is disabled to sue to be Commitee of any Ward or Executor or Administrator is not capable of any Legacy or Deed of Gift or to bear any Office within the Realm forfeits all his Goods and Chattels forfeits his Lands and other real Estate for his Life In case of Conformity these Penalties are not to be incurred and in case the Lands have been seised they shall be restored And now I think I may appeal to the Reader himself whether there was not ground enough for the making this Law if there had been nothing more done in this Kings Reign then the Writing the Letter before mentioned which makes so full a Discovery of a Design they were driving on of subverting our Religion and introducing their own And if it be considered that there is no Penalty annexed to this Law that relates to the Loss of Life Member or Liberty it cannot be thought severe after such continued and restless Endeavors of that Party for our Destruction and bringing us back to our former Bondage under a foreign Yoke And let the Share they had in blowing up the Differences between King Charles I. and his Parliaments which at last ended in the late unnatural Civil War and in a Temporary Destruction of our Monarchy be considered that after Charles the First was beheaded Charles The Second they attempted the Perverting of his Sons when in Exile to the Idolatry and Superstition of the Romish Church And that they at last prevailed effectually with one at least to go over to their Communion and that it was known to the Parliament in the twenty fifth Year of the Reign of Charles the Second that he was so reconciled Let I say these things be considered and it cannot be thought hard that that Law passed the Parliament the Substance of which I have here inserted It is intitled An Act for preventing Dangers which may happen from Popish Recusants WHereby for preventing Dangers which might happen from Popish Recusants 25. Ca. 2. ca. 2. Papists made uncapable of any Place or Office of Profit or Trust in the Kingdom and quieting the Minds of His Majesties good Subjects it was enacted That all and every Person and Persons as well Peers as Commoners that should bear any Offices or Places of Trust or that received any Sallery from His Majesty or any his Predecessors or were in the Service or Employment of his Highness the Duke of Yoâ—k being within the City of London or thirty Miles distant from the same should take the Oaths of Allegiance and Supremacy in the Court of Chancery or Kings-Bench before the end of Trinity Term then next following or at the Quarter Sessions for the Place where they should reside and should likewise receive the Sacrament according to the Vsage of the Church of England at or before the first Day of August 1673. that all Persons who should be admitted into any Office or Place as aforesaid after the first Day of Easter Term to take the said Oaths either in the said Courts or in the Quarter Session for the County where he or they should reside and receive the Sacrament within three months after their Admittance to such Office c. And should deliver a Certificate into the Court where he takes the said Oaths of the receiving the Sacrament That whosoever should refuse to take the said Oaths should be adjudged incapable of any other Office and if after his Refusal he shall exercise any Office he shall not prosecute any Suit in Law Equity or be Guardian to any Child or Executor or Administrator of any Person or be capable of any Deed or Gift or to bear any Office and shall forfeit five hundred Pounds to whomsoever will sue for the same in any of His Majesties Courts where no Protection or Wager of Law should lye That the Names of all such Persons as should take the said Oaths be in the Courts of Chancery and Kings-Bench and Quarter Sessions inrolled with the Time of taking the same in Rolls for that purpose and that none should pay above the Sum of twelve Pence to any Officer for their Entry of the taking the said Oaths That no Person not bred up in the Popish Religion by his Parents should breed up or suffer his Children to be bred up in the Popish Religion under Penalty of being disabled from bearing any Office or Places of Trust and all such Children so brought up and educated shall be disabled from bearing any such Offâ—ces until they be reconciled to the Church of England take the Oaths of Supremacy and Allegiance and receive the Sacrament And that all Persons taking the said Oaths shall at the taking the same subscribe the Declaration following I A. B. do declare that I do believe that there is no Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Person whatsoever And of this Subscription a Register to be kept as of taking the Oaths this Act not to extend to prejudice the Peerage of the Realm or take away Creation or Bills of Impost or any Salary for Life or Years granted for sufficient Consideration nor to make void any Estates of Inheritance not being Offices or to make void any Pension granted to any Person instrumental in preserving the King at Worcester that all Persons refusing to take the Oaths having Offices of Inheritance must appoint Deputies to take the said Oaths and subscribe the said Declaration that all Peers may take the Oath in Parliament if the Parliament be sitting within the time for doing thereof No married Woman or Person under the Age of eighteen Years or being beyond the Seas or found to be Non Compos Mentis shall by Vertue of this Act lose or forfeit his or her Office other then such married Women during the Life of her Husband only for any Neglect of taking the Oaths so as the respective Persons within four Months after the Death of the Husband coming to the Age of eighteen Years returning into this Kingdom and becoming of sound Mind shall take the said Oaths in manner as is thereby appointed provided that any Person who by his or her Neglect or Refusal according to this Act should lose or forfeit any Office might be capable by a new Grant of the said Office or of any other and to have and hold the same again such Person taking the said Oaths and doing all other things required by this Act so as such Office be not granted to and actually enjoyed by some other Person at the time of the re-granting thereof This Act not to extend to Commission Officers in the Navy if they subscribe the Declaration This Act not to extend to prejudice the Earl of Bristol and his Lady in the Pensions granted to them Likewise not to extend to Constables Tything-men Church-Wardens or other like private inferior Officers Before this Act of Parliament was