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
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
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
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
minding the Governance and Order of his most loving Subjects 1 Ed. 6. ca. 1. Rast Stat. f. 902. The Administration of the Lords Supper restored and the punishment inflicted on despisers and neglecters of it more moderate than what the Papists inflicted on the Protestants to be in most perfect unity and concord in all things and in especial in the true Faith and Religion of God and wishing the same to be brought about with all Clemency and Mercy on his Highness part towards them as his most Princely Serenity and Majesty hath already declared by evident proof to the intent that his most loving Subjects provoked by Clemency and Goodness of their Prince and King should study rather for love than fear to do their duties first to Almighty God and then to him and the Commonwealth nourishing concord and love amongst themselves yet considered and perceived that in a Multitude all were not of that sort that Reason and the Knowledge of their Duty could move them from Offences but many had need of some bridle of fear and that same were men most contentious and arrogant for the most part or else most dlind and ignorant by the means of which sort of men many things well and godly instituted and to the Edification of many were perverted and abused and turned to their own and others great loss and hindrance and sometime to extream destruction the which doth appear in nothing more or sooner than in matters of Religion and in the great and high Mysteries thereof and particularly instanceth in the most comfortable Sacrament of the body and blood of our Saviour Iesus Christ and sets forth that the same was Instituted by Christ himself the words of the Institution and for what end and then saith that notwithstanding this the said Sacrament had been marvelously abused by such manner of men before rehearsed who of wickedness or else of ignorance and want of learning for certain abuses then-to-fore committed of some in misusing thereof had condemned in their hearts and speech the whole thing and contemptuously depraved despised or reviled the same most holy and blessed Sacrament and not only disputed and reasoned unreverently and ungodly of that most high Mystery but also in their Sermons Preachings Readings Lectures Communications Arguments Talks Songs Plays or Iests name or call it by such vile and unseemly words as Christian Ears do abhor to hear rehearsed From this preamble I gather that the Popish Clergy had been greatly guilty of defaming the administration of the Sacrament of the Lord's Supper as used by the Protestants according to our Saviour's Institution and that this Law was made to inhibit such defamations and to effect the same with as much Clemency and Gentleness as the nature of the thing and the circumstances of time would bear as will appear by what was Enacted for Reformation of such abuse which was That whoever was guilty of the like abuse after the time in the Act for that purpose mentioned should be imprisoned and make fine and ransome at the King's Will and Pleasure That three Justices of the Peace at least whereof one to be of the Quorum should have power to take Informations and Accusations by the Oaths and Depositions of two able honest and lawful Persons at the least and then to trye the party accused by a Jury at their Quarter Sessions From which I observe First that the Reformers did not make any Offence relating to the Sacrament high Treason as the Papists had done denying Transubstantiation 2. That they did not leave it to the Clergy to examine in a Summary way and convict and then deliver the Offender over to the Secular power to be burnt but left the Party to be accused by Legal Witnesses and Tryed by a Jury of Honest and Legal Men according to the Fundamental Laws of the Kingdom Nay 3 dly They were so far from restraining the party accused of his Liberty That it is particularly provided by the said Statute that they might take Bail for his appearance After which it was Enacted by the same Act and which I desire you to take in Doctor Burnet's own words That it being more agreeable to Christ's first Institution and the practice of the Church for five hundred years after Christ Hist Reform pt 2. p. 41. that the Sacrament should be given in both the kinds of Bread and Wine than in one kind only it should be commonly given in both kinds except necessity did otherwise require and it being also more agreeable to the first Institution and the Primitive Practice that the People should receive with the Priest than that the Priest should receive it alone Therefore the day before every Sacrament an Exhortation was to be made to the People to prepare themselves for it in which the benefits and dangers of worthy and unworthy Receiving were to be expressed and the Priests were not without a lawful Cause to deny it to any who humbly asked it From which I observe That this Act was made to restore the Administration of the Lords Supper to its Antient and Primitive usage in both kinds with the Priest and that the Priest had not power to refuse giving it to any without just ground and that however here is no Penalty annexed either Spiritual or Temporal Several other Laws were made in order to carrying on the Reformation which inflicted no Penalty upon the Popish Clergy or Layety but were made for the well governing the Church of England as it stood then Reformed and put it out of the power of the Papists to hurt them Rast Stat. f. 904. as the 1 E. 6.2 for the Election of Bishops 1 Ed. 6.12 for repealing 5 R. 2.6 2 H. 5.7.25 H. 8.14.31 H. 8.14 34 H. 8.1 and 35 H. 8.5 Which were the severe Laws that the Popish Bishops and Prelates had obtained against the Professors of the true Religion whom they had nick-named in derision Lollards Hereticks and Gospellers When the Reformation in Edward the 6 th's time had restored the right Administration of the Sacrament of the Lord's Supper they rested for two years before they reformed the Liturgy to the end they might by degrees and with all Acts of Clemency and Kindness draw the Papists off from their Innovations and Corruptions but finding that would not do in the 3 d. year of Ed. 6. An Act for Vniformity of Service and Administration of the Sacraments throughout the Realm was made and enjoyned upon much milder penalties than any Laws relating to Religion that were made by the Papists for the Excellency of the Preamble of which Act and that the truth of the Penalties may appear I have inserted both 23 E. 6. Ca. 1. Rast Stat. f. 932. An Act for Vniformity upon mild Penaltus injoyned Whereas long time there hath been had in this Realm of England and in Wales divers forms of Common-Prayer commonly called the Service of the Church that is to say the use of Sarum of York of
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
Benefices might be confirm'd 4 th That all judicial Process might be confirmed And at last a Proviso that all the Settlements of the Lands of any Bishopricks Monasteries or other Religious Houses might continue as they were without any trouble by the Ecclesiastical Censures and Laws So hard a matter is it to dispossess men of Temporal advantages when once they are possest of them that altho' this Parliament would be reconciled to the See of Rome as to Religious Rites and persecuting the Protestants yet they could not be brought to part with the Church Lands By this Parliament another worse Law was made whereby it was Enacted that if any Person should pray or desire that God would shorten the Queens Days or take her out of the Way or any such Malicious Prayer 1 2 Ph. and Mary ca. 9. Rast Stat. f. 1115. Keble 731. Treason to pray against the Queen amounting to the same Effect He his Procurators and Abettors should be Traytors I don't find in History that the Protestants in any of their Prayers or otherwise used any such kind of Expressions against Queen Mary and therefore can assign no reason why she should make this Law unless she was Conscious to her self that what Severities she had already acted what she had made preparation for and was further designing might force such Prayers and Expressions from the poor Oppressed and Persecuted Protestants that what the Wise Man said might be verified Oppression makes a Wise Man mad and truly nothing but a Mad Man can be supposed to utter such Expressions much less make such Prayers I find no more Laws made in her time relating to Religion and indeed one would think that the Repeal of the Laws that were made for the Establishing the Reformation and the reviving all the Bloody Laws that were made against the Protestants together with the additional ones above mentioned had been sufficient to have gratified the most Barbarous Blood-thirsty and Cruel Tyrant But O Popery when wilt thou be satisfied with Cruelties Will not the Blood of Rogers Hist Ref. part 2. f. 305. King Philip's dislike of Popish Guilty Hooper Sanders and Taylor spilt by virtue of these Laws satisfie thee King Philip it did so far as that upon the dislike the Nation shewed of spilling the Blood of those four Ministers he cleared himself of having any hand in it and Alphonsus a Franciscan Fryer that was his Confessor in a Sermon before him the 10 th of February 1655. preached largely against the taking away peoples Lives for Religion which I shall hereafter evince can't be justly laid to the Charge of the Protestants and in plain Terms inveighed against the Bishops for doing of it he said they had not learnt it in Scripture which taught Bishops the Spirit of Meekness to instruct those that opposed them and not to burn them for their Consciences This startled the Bishops since it was now plain that the Spaniards disowned these extream Courses and hereupon there was a stop for several Weeks put to any further severities But the Popish Clergy being once engaged in Blood have been always observed to become the most Brutally cruel of any sort of men so that it was not easie to restrain them and therefore they Resolved rather than the Hereticks i. e. Protestants should not be persecuted to take the Blame avowedly on themselves Queen Mary encourageth the Popish Priests Cruelty to the Protestants Hist Ref. p. 2. f. 242. And no wonder when they were countenanced and encouraged in it by the Queen her self as is plain from this very instance that in August after she came to the Crown there being a Conference about bringing Popery in again in what time by what means and to what height on the one hand Gardiner and all his Party were for bringing Religion back to what it had been at King Henry's death and afterwards by slow Degrees to raise it up to what it had been before his Breach with the Papacy But on the other hand the Queen of her own Inclination was much disposed as another of the same Perswasion lately was no doubt to return immediately to the Union of the Catholick Church as she called it and to evidence it after a Petition sent to her Hist Ref. pt 2. fol. 305 306 307. from some beyond Sea who were out of her Power against Persecuting the Members of Christ instead of hearkening to it she was the more enraged by it and the Popish Clergy were set on work to write Arguments to justifie the persecuting of Hereticks Which they accordingly did This being the Temper of this Queen no wonder they proceeded soon after to burn Thomas Tomkins William Hunter Causton and Highed William Pigot Stephen Knight all Lay men and John Lawrence a Priest The Clergies way of proceeding against the Protestants In all the Popish Bishops proceedings against the Protestants they brought no Witnesses against them but did only exhibit Articles against them according to the way of those Courts and our late High Commission Court called ex Officio and required them to make answer and upon their Answers which were Judged Hereticks they were Condemned so that all this was singly for their Consciences without the pretence of any other matter The next that suffered in this way was Ferrar Bishop of St. Davids and after him one Rawlins White a Fisher-man and George March a Priest the next were Cardmaker a Prebendary at Bath John Warne an Upholsterer the next to him was one that was burnt as it were in Effigie the story is so remarkable I cannot let it pass A Felon proceeded against for Heresie after he was hang'd One Tooly being Executed for a Robbery did at his death say something that savoured of Heresie upon which the Council writ to Bonner which must be at the Queens Instigation to inquire into it and to proceed according to the Ecclesiastical Laws he thereupon formed a Process and cited the dead Body to answer the Points objected to him but he to be sure neither appearing nor answering was condemned and burnt The next that followed were Thomas Hawk John Simson and John Ardly John Wats Nicholas Chamberlaine Thomas Ormond and William Bainford all Lay-men Then followed Bradford Ridley and Latimer Philpot Cranmer and abundance more which you may read of and the full Account of their Martyrdom in Fox's Acts and Monuments the third Part and more briefly in Dr. Burnet's History of the Reformation from f. 305. to 340. But notwithstanding all these Instruments of Cruelty they had framed they could not be satisfied unless they raised it to the very height of all Barbarity that the Church of Rome did ever pretend to and that was the setting up the Inquisition here in England A Commission extraordinary for proceeding against the Protestants Hist Ref. pt 2. fol. 247. and in February 1557. they had made a good step towards it for a Commission was given to divers Popish Lords Spiritual and
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
from the good understanding of their Duty towards God the Queen had by their Lewd and subtle Practices and Perswasions so far wrought that sundry persons had been reconciled to the said usurpt Authority of the See of Rome and did take Absolution at the hands of the said naughty and subtle Practicers whereby there was grown great disobedience and boldness in many not only to withdraw and absent themselves from all Divine Service but also did think themselves discharged from all Obedience Duty and Allegiance to her Majesty that thereupon most wicked and unnatural Rebellion had ensued and to the further danger of this Realm was likely to be renewed if the ungodly attempts in that behalf were not by severity of Laws restrained and bridled This Law therefore provides that they who by Bulls or other Instruments of the Bishop of Rome should reconcile any person to the Church of Rome and those also who should be so reconciled should incur the Penalty of High Treason That those who should relieve such as did so reconcile Men or should bring into England any Agnus Dei's or any Crosses Pictures Beads or such like vain and superstitious Things Consecrated by the Bishop of Rome should undergo the Penalty of a Premunire That they who should not discover such as did so reconcile should be guilty of Misprision of Treason From the precedent History of Fact and the Preamble of these two Acts of Parliament and the Acts themselves I observe three things 1 st That the Kingdom of England is in it self a Free State exempt from all Foreign Jurisdiction whatever by the Common Law of this Kingdom 2 dly That there had been deep Designs on foot before the making of these Acts of Parliament for the inslaving this Kingdom to the Bishop and See of Rome subverting the Protestant Religion and introducing Popery and in order thereunto there were several Plots laid to destroy the person of the Queen 3 dly That these were all laid and carried on by the Pope and some Papists that were the Queens own Subjects and others their adherents and therefore certainly it must be granted that it was very necessary at that time to make these Laws against the Papists And that it was but reasonable to make them The Secular Priests own the Reasonableness of making these Laws Collection of several Treatises concerning the reasons and occasions of the Penal-Laws The 1st printed in 1583. the second in 1601. the third in 1662. and all reprinted in 1688. fol. 36. even the Secular Priests themselves have owned in their important Considerations They confess that Pius V. did practise her Majesties subversion that Ridolpho was sent hither by the Pope under Colour of Merchandize to sollicit a Rebellion That Pius V. moved the King of Spain to Joyn in this exploit That the Bull was devised purposely to further the intended Rebellion for depriving her Majesty from her Kingdom That the Pope and King of Spain assigned the Duke of Norfolk to be head of this Rebellion That the Pope gave order to Ridolpho to take 150000 Crowns to set forwards this Attempt That some of this money was sent to Scotland and some delivered to the Duke That King Philip at the Pope's Instance determined to send the Duke of Alva into England with all his forces out of the Low-Countries to assist the Duke of Norfolk which they confess in this manner That these things their Adversaries the Protestants Charged on them as true and that they were in hand whilst her Majesty dealt so mercifully with them and therefore ask'd them how they could excuse these designs so Unchristian so unpriestly so Treacherous and so unprince-like To which they answer that when they first heard the aforementioned particulars they did not believe them but would have laid their Lives they had been false but when they saw them printed in the Life of Pius V they appeal to God they were amazed Collection f. 37 and say they can say no more but that his Holiness was misinformed and indirectly drawn to these courses They confess that there being several persons in Prison when the Rebellion in the North before mentioned brake forth that it was known that the Pope had Excommunicated the Queen that there followed a great restraint of the Prisoners but none of them were put to death upon that occasion the Sword being then only drawn against such Catholicks as had risen up actually into open Rebellion wherein say they we cannot see what her Majesty did that any Prince in Christendom in such a case would not have done and confess these things to have been the occasion of making 13 Eliz. ca. 2. against bringing in Buls c. thus they express themselves Collection f. 38. we cannot but confess as reasonable men that the State had great Reasons to make some Laws against us except they should have shown themselves careless for the continuance of it but be the Law as any would have it never so extream yet surely it must be granted that the occasions of it were most outragious and likewise that the Execution of it was not so Tragical as many have since written and reported of it for whatsoever was done against us either upon the pretence of that Law or of any other would never we think have been attempted had not divers other preposterous occasions besides the Causes of that Law daily fallen out amongst us which procured matters to be urged more severely against us And afterwards they accuse Saunders the Jesuit for writing a Book in 1572 de visibili Monarchia and therein justifying the Excommunicating the Queen and the said Rebellion in the North and do themselves own that the persons that suffered upon that account were Arraigned Condemned and Executed by the Antient Laws of the Country for High Treason As to the Acts themselves It is not to be denyed but they are very severe yet not severe enough to deter the Papists from carrying on their designs against the Queen and the Protestant Religion as I shall by and by make appear but before I do that let us a little enquire Story 's Plot. Cambd. Hist li 2. fol 168. Dyer 13 Eliz. fol. 298. Baker 's Chron. fol. 343. The Duke of Norfolk executed what proceedings there were upon these Laws after they were thus made In the year 1571 't is true one John Story Doctor in Laws one of the Duke of Alva's Servants an Englishman and a Papist was Executed but it was for High Treason not Religion for having conspired the Queen's Death cursed her daily in his Grace at Meals and shewing the Duke of Alva's Secretary the way to Invade England to put Ireland into Rebellion and to excite the Scots to break into England all at once The Duke of Norfolk was also Tryed Convicted and Executed and after his Condemnation and before his Execution one Barney and Mather were Executed for conspiring with one Herle to make away some of the Council and
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
a Committee to prepare Bills And that Session there was an Act of Parliament made that is intituled 23 Eliz. ca. 1. Rast Stat. 2. part f. 243. An Act to retain the Queens Majesties Subjects in their due Obedience which Act recites That where since the making of the 13th of the Queen Ca. 2. divers evil affected Persons have promised contrary to the meaning of the said Statutes by other means then by Bulls or Instruments written or printed to withdraw divers the Queens Majesties Subjects from their natural Obedience to Her Majesty and to obey the usurped Authority of Rome and in respect of the same to perswade great Numbers to withdraw their due Obedience to Her Majesties Laws established for the due Service of Almighty God. It is thereby enacted that they should be guilty of High Treason Treason in Reconciler and Reconciled to the Church of Rome who should diswade the Subjects from their Obedience to their Prince and from the Religion established in England or should reconcile them to the Church of Rome as also those who should be diswaded or reconciled those also who should say Mass were to be fined 200 Marks and to suffer Imprisonment for a Year or longer if they paid not the Money they who should be wittingly and willingly present at Mass were to be fined 100 Marks and to suffer Imprisonment likewise for a Year and they who refused to frequent Divine Service are to forfeit 20 Pounds a Month but there must in every Case a legal Conviction precede From the History of the Papists Conspiracies and the Queens Carriage towards them during these last ten Years whereof I have given an Account I cannot but observe 1. That the Papists are a most perverse and disingenuous Generation of Men who never have lived nor is it to be believed ever will in Obedience to any Prince who is not of their own Religion 2. That notwithstanding their many Treasons and Rebellions in England and Ireland against Queen Elizabeth yet in ten years time there were not above five executed upon any of the Penal Laws made against them and that she was hardly prevailed upon to execute any of them although for the most apparent Treason and would not have yielded but that it appeared necessary for the Preservation of her self her Protestant Subjects and the Protestant Religion 3. That therefore the Penal Laws were not made so much with design to offend the Papists as to defend the Queen and her Government from the Treasons Rebellions Outrages and Violences every where committed by the Papists stirred up and egged on by the Seminary Priests Jesuits and sent hither for that very Purpose 4. That notwithstanding all their Plots and Contrivances there was no restraint upon their exercising their Religion in their own private Families nor no Prohibitions of saying or hearing Mass till this last Act of Parliament was made which was extorted from the State by their horrid Abuse of their former Liberty So that he that denies the Reasonableness of those Penal Laws against Papists must one would think offer Violence to his own Reason But yet least the Papists should object and any weak Protestant think with too great Colour of Reason that these Facts are the Relation of Protestant Historians who will be sure to write all things with the greatest plausibleness and shew of Reason and Justice on their own side and will be sure to blacken and villifie the Papists as much as they are able although they have never so little reason so to do I shall to back what I have related from our own Historians and to convince all mankind that it is true subjoyn what the Seeular Priests themselves in their important Considerations have owned was the true ground and reason of making this Act of Parliament of 23 Eliz. Cap. 1. and because the Papists shall not say I bely mis-construe or misrepresent them take it in their own Words Col. f. 39. The Secular Priests Confession Of the Pope the Spaniard and Duke of Norfolk's Plot. Steukley's Plot. Furthermore about the coming out of the said Book of Mr. Saunders they had been in the Paragraph before complaining of Mr. Saunders his Writing a Book De visibili Monarchia whereby he justified the Bull of Pope Pius Quintus and the Rebellion in the North and many other such like things the whole Plots before mentioned of the Pope and the King of Spain with the Duke of Norfolk for the Disinheritance of her Majesty and other intended Mischiefs fell out to be fully disclosed afterwards within some four or five years it was also commonly known to the Realm what Attempts were in hand by Mr. Steukley assisted with Mr. Saunders and other Catholics both English Irish and Italians for an Enterprise by force in Ireland under a pretence to advance the Catholic Religion which for that time through some Defect succeeding not the Pope himself The Popes Invading Ireland in 1579. in the Year 1579. abused still by false Pretences did set forward that Course and sending thither certain Forces Mr. Saunders too much Jesuited did thrust himself in Person into that Action as a chief Ring-leader and to perswade the Catholics when he should come into Ireland to joyn with the Popes said Forces for the better assisting certain Rebels then in Arms against their Soveraign Now whilst these Practises were in hand in Ireland The Queen Excommunicated by Gregory 13th Gregory the Thirteenth reneweth the said Bull of Pius Quintus and denounceth her Majesty to be excommunicated with Intimations of all other particulars in the former Bull mentioned which was procured we doubt not by Surreptions the false Jesuits our Country-men daring to attempt any thing by untrue Suggestions and any leud Surmises that may serve their turns This Stratagem accomplisht and ground laid whereupon they imagined to work great Matters these good Fathers as the Devil would have it came into England and intruded themselves into our Harvest being the Men in our Consciences we mean both them and others of that Society with some of their Adherents who have been the chief Instruments of all the Mischiefs that have been intended against her Majesty since the beginning of her Reign and of the Miseries which we or any other Catholics have upon these Occasions sustained Their first repair hither was Anno 1580. when the Realm of Ireland was in great Combustion Parsons and Campians coming into England in 1580. and then they entred viz. Mr. Campian the Subject and Mr. Parsons the Provincial like a Tempest with sundry such great Brags and Challenges as divers of the gravest Clergy then living in England Dr. Watson Bishop of Lincoln and others did greatly dislike them and plainly foretold that as things then stood their Proceedings after that fashion would certainly urge the State to make some sharp Laws which should not only touch them but likewise all others both Priests and Catholics upon their Arrival and after these brags Mr.
understand his knowledge and whether he himself might not at some time or other have let slip some suspitious words not with any real design against her but to discover the intentions of others Parry strongly confiding in Nevil earnestly denied it again and again with several Protestations that he was neither party nor privy to any such motion or enterprize Walsingham dealt fairly with him telling him that there was a Gentleman and his friend who would prove the contrary to his Face yet Parry denieth all true Popish impudence though probably had he confest and these were hints enough and accused Nevil at his first asking he might have saved himself and in this his great cunning was overseen Parry thus obstinate in his denials is not permitted to go home but lodged that Night at Mr. Secretry Walsinghams House in London This put him in a peck of troubles fills his Head full of suspitions and having consulted with his Pillow the next Morning he desired to speak with Mr. Secretary which granted he confesseth that now he called to remembrance that he once had Speech with one Nevil concerning a Point of Doctrine contained in one of Dr. Allen's Books wherein it was maintained that it was lawful to take away the Life of a Prince to benefit the Roman Religion but denied that he spake any thing of the Queen That Night he was Examined in Leicesters House before several but still he deny'd all whereupon Nevel was brought before him who punctually justified every circumstance before his Face yet the other as formerly denied all however he is sent to the Tower where perceiving the exactness of the Proof against him he freely and of his own accord confessed all which Confession take as the same is related by Cambden in these words In the Year saith he 1570. I was Sworn one of the Queens Servants and continued intirely devoted to her Majesty till the Year 1580. at which time I came into danger of loosing my Life with great disgrace Parry's Confession Camb. Annals f. 306. for he had broken into Hugh Hares Chamber in whose debt he was and had wounded him for which he was by the Law Condemned but had his Life saved by the Queens gracious Pardon from that time I continued troubled in my Mind and having procured a License to withdraw my self into France not with any intentions to return hither again for I had devoted my self to the Catholic Religion At Paris I was reconciled to the Church of Rome at Venice I had conference with Benedict Palmio a Jesuit concerning the destressed Catholics in England and I gave him some hints that I had found out a way to relieve them if the Pope or any Learned Divines would justifie it to be lawful Palmio extolled this as a Pious design and me he recommended to the Popes Nuncio at Venice whose Name was Campeius and Campeius recommended me to the Pope I besought by Letters that I might come to Rome with a safe Conduct Letters of safe Conduct were sent me from the Cardinal of Como but not large enough afterwards others were sent me more large and full but then was I returned to Paris there I lighted upon Morgan who told me that it was expected by divers that I should do some notable Service for God and the Catholic Church I answered that I was ready to kill the greatest Subject in England but said he why not the Queen her self and this said I might easily be done if it might appear to be lawful for Watts a Priest with whom I had conference about it concealing persons Names affirmed flatly it was not lawful and Chreighton also a Scotish Jesuit avouched the same Teaching that evil was not to be done that good might come of it that God was better pleased with Adverbs then Nouns and approved what was well done and lawfully then what was otherwise good and that many Souls were not to be redeemed with the destruction of any one without the Express command of God notwithstanding I having engaged my self both by Letters and Promises whilst I was in Italy thought it an heinious sin to give over my enterprize in case the Pope should approve it by his Letters and grant me a plenary Pardon which I begged of him by Letters I sent to him by Ragozonio his Nuncio in France who highly commended my design and sent my Letters to Rome being returned into England I procured access to the Queen to whom after all By-standers were removed I discovered the whole Conspiracy how be it cloaked with the best Art I could she heard me without being daunted I departed not without being terrified and cannot now forget what she then said That no Catholic should be called in Question meerly for Religion or the Popes Supremacy so that they shewed themselves good Subjects In the mean time whilst I was a daily Suitor in the Court for the Mastership of St. Catharines I received Letters from the Cardinal of Como wherein my enterprize was commended and my self absolved in the Popes Name These Letters I imparted to the Queen what effect they wrought with her I know not to me they certainly added Courage and took away all scruples yet was I not minded to offer her any violence if she could by any means be perswaded to deal more favourably with the Catholics And therefore least I should commit the Murther I layed away my Dagger still as often as I had access to her when I seriously considered her and her truly Royal vertues I was distracted with doubtful thoughts for my Vows were recorded in Heaven my Letters and Promises amongst Men these things I often pondered with an unquiet Mind I was never much beholden to her for any thing my Life indeed she once Pardoned me but to have taken it away upon that occasion had been cruel and tyrannical hereupon I departed from Court much unsatisfied with my condition I lighted upon Dr. Allens Book against the Justice of Brittain where he taught That Princes Excommunicate for Heresie were to be deprived of Kingdom and Life which Book did strongly encourage me to prosecute my attempt This Book I read to Nevil whom I sometimes invited to my Table six whole Months before he accused me afterwards he came to me and said let us venture upon somewhat since we can get nothing from the Queen and he propounded several things about the delivery of the Queen of Scots But I have said I a greater business in my Mind and of more advantage for the Catholic Church The next day he came and swore upon the Bible that he would conceal and constantly persue any thing that should be for the good of the Catholic Religion and I sware the like we then resolved with ten more Men to set upon the Queen as she rode abroad to take the Air and to kill her All which Nevil concealed till now But having heard that the Earl of Westmorland was dead whose Estate he hath already swallowed in hopes he
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
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
Conspired his Death That it was a prime Rule and Precept for well Governing to be sparing of Blood that Blood cryeth for Blood That to use the extreamity of rigour towards her could not but seem a cruel and bloody Part. That the French King would do his best to repel and frustrate the Attemps of all Men whatsoever who should offer violence to the Queen and that the Guises the Queen of Scots near Kinsmen would engage themselves to do the like by Oath and Covenant under their hands who in Case she should be put to death would take it very hardly and haply not leave her unrevenged Lastly they required she might not be proceeded against according to so rigorous and extraordinary a Sentence Otherwise the French King could not but take very great displeasure thereat howsoever other Princes should hap to resent it The Answer to those Reasons To these Reasons Answer was made from Point to Point as followeth That the Queen of England trusted the most Christian King of France would have no less a regard and respect for her then he had for the Queen of Scots who had practised the destruction of an Innocent Princess her near Kinswoman and a Confederate with the French King. That it was expedient and necessary for Kings and Common-wealths that wicked attempts especially against Princes should not go unpunished That the English which acknowledged the Soveraign Authority of Queen Elizabeth only in England could not acknowledge two Supream free and absolute Princes in England at one time or account any other whomsoever equal to her in England as long as she lived Neither indeed did they see how the Queen of Scots and her Son who at present Reigneth can be reputed both at one time for Supream and Absolute Princes Whether the Queens safety would be exposed to greater danger upon her being Executed depended upon future Accidents and Contingences the Estates of England upon serious deliberations of the Matter thought otherwise there would never be occasions wanting for bad attempts especially when the Matter was now come to that pass that the one had no hope of safety unless the other were ruined and this saying they might call to Mind aut ego illam aut illa me either I must take away her Life or she will take away mine The shorter the time to come of her Life was the sooner and more eagerly would the Conspirators hasten the Queens danger That the Title which she claimed to the Crown of England she would not yet renounce and therefore she was with good reason detained in Prison and so to be detained though she came a Supplicant into England till she had renounced the same and the Crimes which she had committed since she was Prisoner she ought to suffer for whatever were the Cause of her first casting into Prison That the Queen had formerly most Graciously spared her Life when by unanimous consent of the Estates she was Condemned for a Rebellion raised about an intended Marriage between her and the Duke of Norfolk and to spare her again were but unadvised and cruel pity that no man was ignorant of that saying of the Lawyers A Man offending in anothers Territory and there found is punished in the Place of his Offence without regard of his Dignity Honour or Priviledge And that this was both justifiable by the Laws of England and by the Examples of Licinius Robert King of Scicily Bernard King of Italy Couradine Elizabeth Queen of Hungary Joan Queen of Naples and Dejotants for whom Tully pleading said it was no unjust thing that a King should be found Guilty and put to Death though it were not usual For thus the words run which I speak first touching a Kings forfeiture of Life and Estate which thing though it be not unjust especially when thy Life is in danger from him yet is it so unsual c. That she ought to be punished having been found Guilty upon a just and legal Tryal considering that what is just the same is honest and what is honest is also profitable and Expedient That the Story of Porsenna suited not with the present Case unless a Man should imagine a numerous Combinations of men to have laid wait for the Queens Life and should thereupon perswade her to let the Queen of Scots at Liberty without any hurt out of a fear of them with some regard to her own honour but none to her safety as Porsenna discharged Mutius after he had affirmed that three hundred like himself had Conspired and vowed his death Moreover Mutius attempted this against Porsenna in a just and declared War and when Mutius was let go Porsenna verily perswaded himself that all the danger was over but the Case here is quite otherwise That Blood indeed is to be spared but it must be inoncent Blood this God hath commanded True it is indeed that the voice of innocent Blood crieth for Blood and this can France both before and since the Massacre at Paris well witness and testifie That Death that is justly inflicted cannot seem Bloody as is neither Physic prapared duly and as it ought to be esteemed violent That howsoever the Guises the Queen of Scots Kinsmen might take the Matter yet it highly concerned the Queen to regard rather the safety of her self the Nobility and People of England upon whose love and affection she wholly depended then the displeasure of any whomsoever That the Matter was come to that pass that what was said of old concerning two Princes Couradine of Sicily and Charles of Anjou might now be spoken of two Queens it might now be truely said the Death of Mary is the Life of Elizabeth and the Life of Mary the Death of Elizabeth That the French King or the Guises promises could not secure the Queen and Realm much less make satisfaction for her Life if she should be made away That the French King could neither discover nor hinder secret Plots against himself at home much less was he like to hinder those against the Queen of England For Treason is plotted in secret and therefore hard to be prevented if the fact were once committed what would it avail to claim their Promises how should an incomparable Prince's death be made amends for and in so sad and woful a Confusion of all things what Remedy could be found for the languishing Common-wealth That the Obligations and Oaths of the Guises were of small value who judged it Meritorious to kill the Bishop of Rome's Adversaries and could easily procure Dispensations for their Oaths and what Englishman if Queen Elizabeth were slain and the Queen of Scots of the house of Guise advanced to the Crown durst accuse them of the Murther and if any should accuse them could they thereby make her alive again And the Ambassadors in calling this a rigorous and extraordinary Sentence have spoken rashly and unadvisedly for as much as they have neither seen Process nor Proofs and have more sharply then is fitting taxed the
* Allen before named worthy Man but by the perswasions as they think of Parsons greatly disliked of many both Wise and Learned And especially it was wondred at a while until the Drift thereof appeared more manifestly in the year 1588 that the said worthy Person laid down this for a ground in justifying the said Stanley viz. that in all Wars which may happen for Religion every Catholick Man is bound in Conscience to employ his Person and Force by the Popes Direction viz. how for when and where either at home or abroad he may and must break with his Temporal Soveraign Let us now see what was further doing by the Pope and the Papists against the Protestant Queen and the Protestant Religion in England in the Year 1588 and we shall doubtless see very good reason for making the Statute of 35 Eliz. Ca. 2. which was the last Law that was made against them in Queen Elizabeths time The Pope some Religious Persons in Spain and several English Fugitives The Pope plotting again Camb. Annal. f. 402. Baker's Chron. f. 374. had called back the Spaniard to his former Designs for the Conquest of England which had been interrupted by the Portugal Wars earnestly exhorting him that seeing God had given him Success in laying Portugal and the East-Indies to his Dominions he would do something which should be acceptable to God and becoming the Grandeur and Majesty of the Catholic King that nothing could be more then the propagating and enlarging the Church of God which could not be more gloriously nor more meritoriously done then by the Conquest of England re-planting the Roman Catholic Religion and abolishing Heresie there They suggested that this War would be just because it was necessary as also because it was for the Maintainance of Christs Religion in regard That the Queen of England being excommunicate persisted contumaciously against the Church of Rome supported his Rebels in the Netherlands annoyed the Spaniards by continual Depredations suppressed and sackt his Towns in Spain and America and had very lately put the Queen of Scots to Death violating thereby the Majesty of all Kings That it would be no less profitable than just for so he should add to his Empire those three Kingdoms quell the Rebellion in the Low Countries secure his Voyages to the Indies without the Expence of Convoys To prove this they suggested that the Spanish Navy did far exceed the English in Number Largeness of Ships and Strength especially considering the Addition of the Portugal Fleet that England had no Forts nor defences that it was unprovided of Commanders Souldiers Cavalry and Munition bare of Wealth and Friends that there were many Papists who would presently joyn with him that so great was the Strength of Spain and so unmatchable their Valour that none durst oppose them and confidently assured themselves of Victory That this Opportunity was offered by God himself a Peace being then concluded with the Turk and the French embroiled in a Civil War That the Conquest of England would be far easier than the Netherlands in respect the Cut from Spain to England was much more short and convenient than from Spain to the Netherlands That in order to the Conquest of the Netherlands it was necessary first to conquer England and that England being once conquered the Low-Countries must of necessity be subdued The Spanish King being perswaded to believe all this resolves on the Attempt The Contrivance of the Spanish Invasion Camb. Annal f. 403 404. and the next thing considered was in what Way and Means to effect it And the Method agreed on was to do it with a well-provided Army from Spain and the Low-Countries to be landed by a powerful Navy at the Thames Mouth in order to surprize the City of London by a sudden Assault this being resolved on the Preparation was made which was so great throughout all Spain Italy and Scicily that the Spaniards themselves were amazed at it and named it the Invincible Armada Their Cause the Armada and Army they recommended to the Pope and to the Prayers of the Catholics to God and the Saints and set forth a Book in Print for a Terror wherein the whole Preparation was set down The Prince of Parma also in the Netherlands by the Spanish Kings Command built Ships and many Flat-bottomed Boats and other great Preparations in the Sea Towns of Flanders he had an Army of an hundred and three Companies of Foot and four thousand Horse amongst which were one thousand English Fugitives who of all others were least esteemed neither was * Sir William Stanley before named Stanley who had the Command of them nor others who offered their Service and Council once heard but for their unnaturalness to their Country they were debarred from all access and as most inauspicious Persons worthily and with Detestation rejected The Spanish Navy in the whole consisted of one hundred and thirty Ships whereof Galliasses and Galleons seventy two in which were Souldiers nineteen thousand two hundred and ninety Camb. Annal. f. 410. Baker's Chron. f. 374. The Number of the Armada Marriners eight thousand three hundred and fifty Gally Slaves two thousand and eighty great Ordinance two thousand six hundred and thirty for the greater Holiness of their Action twelve of their Ships were called the twelve Apostles the chief Commanders were Don Alphonso Duke of Medina and John Recalde a great Sea-man Sixtus Quintus Curseth Queen Elizabeth Foulis Hist li. 7. ca. 6. f. 350. Camb. Annals f. 410. Sixtus Quintus the Pope that he might not seem to be wanting in so good a Cause did not only assist with his (a) Ant. Cicarella in vità Sexti V. Allen sent into the Netherlands to carry on the Design Treasure but his Papal Curse to boot whereby he excommunicated the Queen dethroned her absolved her Subjects from all Allegiance and published his Croisado in Print as it were against Turks and Infidels wherein out of the Treasure of the Church he granted plenary Indulgences to all that gave their Help and Assistance with this goodly Stuff William Allen a little before made a Cardinal an English-man and an old Traitor to the Queen was sent into the Netherlands the better to encourage the English Romanists to Rebellion Allen pulls out his Papal Tool which he forgeth into a Pamphlet in the English Language which he prints at Antwerp calling it The Declaration of the Sentence of Sixtus Quintus Their Methods And as a farther Interpretation of the Papal Intent and the better to ingage the English to Rebellion he joyns a second Part to it called An Admonition to the Nobility and People of England And that the Reader may better understand the Honesty of the Paper take the Sum of it thus Em. Meteram Hist Belg. lib. 15. p. 473 474. Sam. Purchas Pilgrims vol. 4. l. 10. c. 11. p. 1895 1896. It begins with Calling the Queens Government impious and unjust her self an
People had possest our Souls in meekness and humility honoured Her Majesty born with the infirmity of the State suffered all things and dealt as true Catholic Priests If all of us we say had thus done most assuredly the State would have loved us or at least born with us where there is one Catholic there would have been ten There had been no Speeches amongst us of Racks and Tortures nor any cause to have used them for none were ever vexed that way simply for that he was either Priest or Catholic but because they were suspected to have had their hands in some of the said most Traiterous designments None of Her Majesties Enemies durst so really have attempted her State and Kingdom we had been in better friendship with those that seek now most to oppose themselves against us and to all Men as we are persuaded Bonus odor Christi odor vitae ad vitam Whereas by following the said new violent Spirits quasi turbae impellentes parietem we are become odor Mortis ad mortem non solum iis qui pereunt sed etiam iis qui salvi fiunt And therefore let us all turn over the Leaf and take another course then hitherto we have done CHAP. VIII K. Ja. I. AND now a Man might reasonably suppose that after the first Plottings of the Papists with the Guises the French King and the Pope on behalf and by the instigation of the Queen of Scots after Harding Saunders and S. P. busily exercising their Episcopal Power in England in 1568 after Ridolph's exciting Queen Elizabeth's Subjects to Rebellion sent hither by Pope Pius Quintus for that purpose after the Rebellion in the North fomented by Morton sent hither by the same Pope to that end headed by the Earls of Northumberland and Westmorland who were incouraged thereto by a Letter from the same Pope After Dacres his Rebellion in Cumberland after the Earl of Ormonds Brethren the Boâ—telers Rebellion in Ireland after Pope Pius Quintus his Bull declaring the Queen Excommunicate and her Subjects absolved from their Allegiance after the Earl of Twomonds Rebellion in Ireland after Storys Treason â—ir Edward Coke Attorny General to King James â—e First in oâ—ening the fact â—f the Gun-Powder-Plot at â—he Tryal of â—arnet the Jeâ—ite mentions â—â—ese Treasons â—nd Conspiraâ—es The Relaâ—tion of the â—ryal was Prinâ—â—d Anno â—606 which â—eing taken neâ—ce of whilst â—hings were â—resh in memoâ—y gives the â—reatest confirâ—ation to the â—ruth of them after the Spaniards the Pope and the Guises contrivances to kill the Queen and set up Mary Queen of Scots and introduce Popery after I say these things had occasioned the making the 13 Eliz. cap. 12 And after Stukelys Plot to invade Ireland and England at once After Fitz Morris his Rebellion in Ireland carried on after his Death by Desmond after another conspiracy in Ireland for the destruction of the Protestant Relligion after the erecting Seminarys abroad for the educating and bringing up Priests to be sent hither to alienate the Hearts of the Subject from their Soveraign and the Actual sending of Campian Parsons and others into England for that purpose who were detected in their attempts to compass such their wicked designs and Executed for Treason after I say these things had raised a greater jealousy of the Papists in the State and caused them to make the 23 El. cap. 1. And after Somervills Conspiracy to kill the Queen after Francis Throgmortons Conspiracy to depose the Queen by Foreign Force after a further design of the Pope the Spaniard and the Guises for invading England in order to destroy the Protestant Religion after Parry's Treason all which Conspiracies and Treasons extorted from the State the 27 Eliz. cap. 1. and 2. after Gilford Savage Babington and others design to kill the Queen and set up Mary Queen of Scots who was at the Bottom of this design her self and promised to reward the Actors in it for which she was Tryed Condemned and Executed after Staffords Conspiracy and Yorks Plot which Treasons occasioned the making the 29 Eliz. cap. 6. and after the Pope and the Spaniards design in 1588. to invade England and thereby destroy the Protestant Religion with its defender by a Force by them called the Invincible Armada and this begun and carryed on by English Priests and Lay-Papists after Heskets Plot to depose the Queen and set up the Lord Strange After Cullens Conspiracy to murther the Queen after Lopez his Conspiracy to poison the Queen for which the Spaniard was to pay 50000 Crowns which Treasons did as it were compel the State to make the 35 Eliz. cap. 2. for confining Papists with in five Miles of their dwelling I say after all these Plots Conspiracies Treasons and open Rebellions invented begun and carryed on by the Papists and all with so little Success and after their own Confession of the whole to be true and their own advice to turn over a new Leaf a man might reasonably suppose that they should have ceased any further Attempts by Treason Rebellion Plot or Conspiracy to introduce the Popish Religion into England But such is the inveterate Malice and implacable Hatred of the Pope and all that are of the Communion of the Church of Rome if I may call it a Church that even before the peaceable James the First of England and the Sixth of Scotland was placed upon the Throne by the unanimous consent of all the Protestant Subjects of England as appears by the Act of Recognition made in the first year of his Reign there were several Plots for the taking away his Life and in one Plot even Watson and Clark two secular Priests of the Romish Church the former whereof joyned with Bluet the Secular Priest in writing the Impotâ—nt considerations before mentioned wherein they acknowledge all the Plots Conspiracies Treasons and Rebellions before mentioned to have been committed by Papists but insinuate it to be done by the instigation of the Jesuits are found in a Plot against the said King James and Executed for it but before I mention any thing of that Plot I shall give a short Account of what designs were on foot against the said King James his Life before his accession to the Crown Queen Elizabeth being old and weak and as they thought The Papists plot against James the First before his coming to the Crown could not live long the Papists thought it needless to make any more attempts against her person least her death should anticipate their quickest Designs But she and the Kingdom having their Eye upon the said King James being a Protestant to succeed her their main drift was to prevent him if possible from succeeding Queen Elizabeth In order to this in the Year 1601. there was one Francis Mowbray Mowbray's Plot against King James the First Fowlis Hist. li. 10. cap. 1. f. 498. Son to the Laird Barnbowegal who had lived some while in the Infanta's Court at Brussels he they say
then called a Puritan and Sir Walter Raleigh a States-man and Souldier and Fowlis saith troubled with no more Religion than would serve his interest and turâ— The design it self Fowlis Hist. li. 10. ca. 1. f. 499 500. Bakers Chron. f. 405. VVilsons Hist f. 4. The design was to set the Crown on the Head of the Lady Arabella or to seize on the King and make him grant their desires and a Pardon to raise a Rebellion and alter Religion and Government and in order thereunto to procure aid and assistance from Foreign Princes to turn out of the Court such as they disliked and to place themselves in Offices Watson was to have been Lord Chancellor George Brook Lord Treasurer Sir Griffith Markham Secretary of State Lord Grey Master of the Horse and Earl Marshal of England for the more secure carrying on these designs Watson drew up an Oath of Secrecy which they all took But all is discovered they are Apprehended Examined and Tryed in November 1604 at their Tryal they insisted that this could not be Treason because the King was not then Crowned but this Plea was soon over-ruled and they legally Convicted of the Treason and Watson Clark and George Brook were Executed the rest finding Mercy the King being loath to soil his Throne with Blood and therefore spilt no more then was absolutely necessary The Lord Grey dyed in the Tower the last of that Line (a) Said to lose his Life to gratify Gondamor Bakers Chron. f. 516. Wilson f. 115 116 117. Raleigh was beheaded in 1618. The rest were discharged of Imprisonment but dyed miserably poor Markham and some others abroad but Cobham as we * Osborns Traditional Memoires of King James p. 12. are told in a Room ascended by a Ladder at a Poor Womans house in the Minories formerly his Landress dyed rather of Hunger than a Natural disease This Conspiracy gave occasion for the Kings looking about him and taking such measures as might secure his Person and Government against such attemps for the future and perceiving that swarms of Priests came every day over from the Foreign Seminarys he suspected some mischief was a hatching and therefore issued out his Royal Proclamation against Jesuits which I find related by Wilson in these Words Having after some time spent in setling the politick Affairs of this Realm of late bestowed no small Labour in Composing certain Differences we found among our Clergy about Rites and Ceremonies heretofore established in this Church of England King James 1st his Proclamation against Jesuits Wilsons Hist. f. 9. and reduced the same to such an Order or Form as we doubt not but every Spirit that is led only with Piety and not with Humour should be therein satisfied it appears unto us in debating these Matters that a greater Contagion to our Religion then could proceed from these light Differences was imminent by Persons common Enemies to them both Namely the great numbers of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to the Crown as of such as have resorted hither since using their Functions and Professions with greater Liberty then heretofore they durst have done Partly upon a vain Confidence of some Innovation in Matters of Religion to be done by us which we never intended nor gave any Man cause to suspect and Partly from the assurance of our general Pardon granted according to the Custom of our Progenitors at our Coronation for Offences past in the Days of the late Queen which Pardon 's many of the said Priests have procured under our Great Seal and holding themselves thereby free from Danger of the Laws do with great Audacity Exercise all Offices of their Profession both saying Masses and perswading our Subjects from the Religion established reconciling them to the Church of Rome and by Consequence seducing them from their Duty and Obedience to us wherefore we hold our selves obliged both in Conscience and Wisdom to use all good means to keep our Subjects from being affected with superstitious Opinions which are not only pernicious to their own Souls but the ready way to corrupt their Duty and Allegiance which cannot be any way so safely performed as by keeping from them the Instruments of that infection which are Priests of all sorts ordained in Foreign parts by Authority prohibited by the Laws of the Land concerning whom we have thought fit to publish unto all our Subjects this open Declaration of our Pleasure c. Willing and Commanding all manner of Jesuits Seminaries and other publick Priests having Ordination from any Authority by the Laws of this Realm prohibited to take notice that Our Pleasure is that they do before the nineteenth of March next depart forth of Our Realm and Dominions And to that purpose it shall be Lawful for all Officers of our Ports to suffer the said Priests to depart into foreign parts between this and the said nineteenth Day of March admonishing and assuring all such Jusuits Seminaries and Priests of what sort soever that if any of them after the said time be taken within this or any of our Dominions or departing now upon this our Pleasure signified shall hereafter return into this our Realm or any of our Dominions again they shall be left to the Penalty of the Laws here being in force concerning them without hope of any Favour or Remission from us c. Which tho' perhaps it may appear to some a great Severity towards that sort of Our Subjects Yet doubt we not when it shall be be considered with indifferent Judgment what Cause hath moved us to this Providence all Men will justifie us therein for to whom is it unknown into what peril our Person was like to be drawn and our Realm into Confusion not many Months since by Conspiracy First conceived by Persons of that sort Which when other Princes shall duly observe we assure our selves they will no way conceive that this Alteration proceedeth from any Change of Disposition but out of Providence to prevent the Perils otherwise inevitable considering their absolute Submission to foreign Jurisdiction at their first taking Orders doth leave so conditional an Authority to Kings over their Subjects as the same Power by which they were made may dispense at Pleasure with the strictest bond of Loyalty and Love between a King and his People Among which foreign Powers though we acknowledge our self personally so much beholden to the now Bishop of Rome for his kind Offices and private temporal Carriages towards us in many things as we shall be ever ready to requite the same towards him as Bishop of Rome in state and condition of a Secular Prince yet when we consider and observe the Course and Claim of that See We have no reason to imagine that Princes of our Religion and Profession can expect any assurance long to continue unless it might be asserted by Mediation of other Christian Princes that some good Course might be
The Oath of Secrecy by Word or Circumstance the Matter that shall be proposed to you to keep Secret nor desist from the Execution thereof till the rest shall give you leave After this was done every Man betakes himself to the part assigned him some to provide Money other Materials and others a place to lay the Materials in The place pitched upon for placing the Materials in was Cellars under the Parliament House which Thomas Piercy had hired for that purpose the Materials were thirty six Barrels of Gun-Powder provided in Flanders carried into the Cellar from Lambeth in the Night covered over with Wood and Coals and all provided at the Charge of the English * Sr. Everard Digby 1500 l. Mr. Francis Tresham 2000. l. Piercy 4000 l. besides others Papists who promised themselves the extirpating this Northren Heresie as they called it and introducing in its Room Popish Superstition and Idolatry as we call it and the Divines of our Church have proved it to be to the Conviction of all 〈◊〉 who will not Wilfully shut their eyes against the Light. Things being thus prepared they looked upon the King and Prince Henry as already made a Sacrifice to attone the See of Rome for the revolt that England had made from her and Percy had undertaken for the slaying the Duke of York Charles the First that there might be no ingredient in the Sacrifice wanting to make it acceptable but because it was thought necessary for a Colour to their Bloody designs to preserve the Succession the Lady Elizabeth must be spared and made Queen Foulis Hist l. 10. cap. 2. f. 507. and the Odium of blowing up the Parliament cast upon the Puritans They designed the Accomplishment of this unparallel'd Cruelty on the 5 th of November 1604. when the King and both Houses of Parliament were to meet and that very day they appointed a great Hunting Match at Dunsmore Heath near Comb the Lord Harringtons House in Warwickshire where the Lady Elizabeth was upon which pretence divers Papists were to meet well Armed in order to seize and secure her with intention to marry her to a Papist and by that means to introduce Popery To carry on their Design of fixing this Plot upon the Puritans Foulis Hist l. 10. cap. 2. f. 508. they framed a Proclamation which they got printed and ready for publishing upon the Sign given which they supprest and burnt upon the Discovery though some of them by chance came to light and were seen and read by Dr. Parker Dean of Lincoln Sir William Ellis Recorder of the said City and others And that they might gain the greater Credit with the People in this Contrivance Keys Brother-in-Law to Mr. Pickering had a few days before either borrowed or bought the Swift-horse well known in London and thereabouts of Mr. Pickering of Tich March Grove in Northamptonshire a noted Puritan whom they also designed to kill upon which Faux having fired the Match and Touch-wood leading to the Train was to escape as they bore him in Hand But O Horrid Impiety their Design was to kill him as soon as he had imbrued his Hands in so much Innocent Blood just as he was to mount the Horse as being Pickerings Man which the People would easily believe seeing the Horse was so well known to them and the Multitude once perswaded of this would be more facile to joyn with them under notion of doing Justice upon such supposed Traitors and Wretches They also consulted how to keep the Romish Lords from going that Day to Parliament the better to strengthen their Cause by their Preservation But in the heighth of all their Hopes and Expectations a Discovery is made thus The Manner of the Discovery some of them supposed by Monteagle to be Piercy but Bishop * Answer to Sir Anthony VVeldon's Court of King James p. 73. M. S. Goodman saith it was Tresham who writ the Letter having a great Affection to the said Lord Monteagle Son and Heir to the Lord Morley had a mind to preserve him from the intended Slaughter So one Evening a Letter Sealed is delivered in the Street the Strand by an unknown Fellow to one of the Lords Foot-men charging him to deliver it with Care to his Lord. Monteagle opens it finds it without Date and Subscription writ with a very bad Hand and in a Stile he knew not what to make of The Letter was this My Lord OVT of the Love I bear to some of your Friends I have a care of your Preservation Foulis Hist l. 10. cap. 2. f. 508. Wilson's Hist f. 30. therefore I would advise you as you tender your Life to devise some Excuse to shift off your Attendance this Parliament for God and Man have concurred to punish the Wickedness of this time And think not slightly of this Advertisment but retire your self into your Country where you may expect the Event in Safety for though there be no Appearance of any stir yet I say they shall receive a terrible Blow this Parliament and yet they not see who hurts them This Councel is not to be contemned because it may do you good and can do you no harm for the Danger is past as soon as you have burned this Letter and I hope God will give you the Grace to make good use of it to whose Holy Protection I commend you Monteagle wondred at the Letter and its Delivery and thinking it might relate to some Mischief thought it his Duty to make it known so away he goeth to White-Hall shows it to the Earl of Salisbury then Secretary of State who tells some other of the Privy Council of it and the King being returned from his Hunting at Royston they delivered it to him His Majesty having seriously considered it and all other Circumstances concluded that it might relate to some Design to blow up the Parliament and in this Jealousie ordered the Rooms and Vaults about the House to be searched which was done the Night before the Session when in the aforesaid Cellar under the Lords House were found the Barrels of Powder and at the Door standing Guido Faux booted and Spurred with a large dark Lanthorn now to be seen in Oxford Library with Matches Tinder-Box and other Materials for his Design Faux was presently carried to Court and examined where he appeared sturdy and scornful maintaining the Design to be lawful that James was not his King because an Heretic was sorry that the Plot failed and that he had not blown up the House with himself and those that were sent to search affirming that God would have had the Plot concealed but it was the Devil who revealed it at last Faux himself confest all that he knew of the Treasons Thus far discovered the King suspecting some Commotions or Risings sent with all speed to prevent them by timely Notice by Lepton and others This was that Mr. John Lepton of Yorkshire who rid so often betwixt London and York
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
continue your daily Plotting of so Tragical Stratagems against Recusants It is ordered that none of these Five knoweth who the other Four be for the better preventing the discovery of the rest if so any one by attempting and not performing should be apprehended It is also already agreed who shall first attempt it by shot and so who in order shall follow In accomplishing of it there is expected no other than assurance of Death yet it will willingly be embraced for the preventing of those general Calamities which by this your transcendent Authority and Grace with His Majesty are threatned unto us And indeed the difficulties herein are more easily to be digested since Two of the intended attempters are in that weak estate of Body that they cannot live above three or four Months The other Three are so distressed in themselves and their Friends as that their present griefs for being only Recusants do much dull all aprehensions of Death None is to be blamed in the true censuring of Matters for the undertaking hereof Nor are they to be blamed for it for we protest before God we have no other means left us in the World since it is manifest that you serve but as a Match to give Fire unto his Majesty to whom the worst that we wish is that he may be as great a Saint in Heaven as he is King on Earth for intending all mischiefs against the poor distressed Catholics Thus giving your Lordship this charitable admonition the which may perhaps be necessary hereafter for some others your inferiours at least in grace and favour if so they run on in their former inhumane and unchristian rage against us I cease putting you in mind For 't is true and Spiritual Resolution that where once True and Spiritual Resolution is there notwithstanding all dangers whatsoever the weak may take sufficient revenge of the great Your Lordships well admonishing Friends c. A. B. C. c. It may be your Lordship will take this but as some forged Letter of some Puritans thereby to incense you more against Recusants But we protest upon our Salvation it is not so Neither can any thing in humane likelihood prevent the effecting thereof but the change of your Course towards Recusants This Letter at the beginning affords fair seeming to detest the Gun-Powder-Plot as Watson did the Popish Treasons in Queen Elizabeths time and was hanged for Treason in the beginning of the Reign of King James but little credit is to be given to what they say if it be considered that the very design of it is to apoligize for Murther and that they therein assert that although they Murther Privy Counsellors yet the Murtherers may be good men nor are they to be blamed for it for it is a true and spiritual resolution What influence this Letter had the sequel will evince for the said Oath was immediately confirmed by Act of Parliament and the Papists injoyned to take it in the Circumstances and upon the Penalties in the Act for that purpose mentioned the sum and substance of which Act followeth it is Intitled An Act for the better discovering and repressing of Popish Recusants The Preamble of the Act runs thus 3. Jac. 1. c. 4. Rast Stat. f. 591. Papists must receive the Sacrament and take the Oath of Allegiance c. upon pecuniary mulcts if neglected FOrasmuch as it is found by daily Experience that many His Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Divelish Councel of Iesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance to the Kings Majesty and the Crown of England as they are ready to entertain and Execute any Treasonable Conspiracies and Practices as evidently appears by that more then barbarous and horrible Attempt to have blown up with Gun-powder the King Queen Prince Lords and Commons in the House of Parliament Assembled tending to the utter Subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in Advancement of their Religion by their Schollars Taught and Instructed by them to that purpose which Attempt by the only goodness of Almighty God was discovered and defeated And where divers Persons Popishly affected do nevertheless the better to cover and hide their false Hearts and with the more safety to attend the opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penalty of the Laws in that behalf provided Then for the better discovery of such Persons and their Evil affections to the Kings Majesty and to the State of the Realm to the end that being known their Evil Purposes might be the better prevented It was enacted that every Papist that Conforms shall Yearly receive the Sacrament upon twenty pounds Forfeiture upon the first Years neglect forty pounds the second sixty pounds the third and so forwards sixty pounds Yearly until he or she shall have received it That Papists their Children of Nine Years and Servants shall be once a Year presented at the general or Quarter Sessions Which presentments are to be recorded at the Sessions That the Iustices of Assize and Goal Delivery and Iustices of Peace shall hear and determine the Offence That Proclamation shall be made at the Assizes or Sessions for the Offender to render his body to the Sheriff Bayliff or Keeper of the Goal of the Liberty before the next Assizes or Sessions c. And if the Offender doth not he stands Convicted and forfeits twenty pounds a Month for every Month contained in the Indictment whereon he his Convicted That every Conviction shall be certified into the Exchequer that the King may refuse twenty pounds a Month and take two parts of the Papists Lands save their Mansion House That the Kings two parts shall not be Leased to Papists Noblemen and Noblewomen are excepted That the Oath of Allegiance shall be tendred to all Persons of the Age of Eighteen Years or above Convicted or Indicted for Recusancy for not going to Church for not receiving the Sacrament or that pass through any Country Shire or Liberty and unknown Who refuse taking this Oath incur a Premunire except Women covert who are to be Committed to the Common Goal without Bail or Mainprize till they take the Oath No Indictment or other Proceedings against the Papists shall be discharged or reversed for default of Form but Conformity discharges all Proceedings whatever Felony in any that go beyond Seas to serve any Forreign Prince c. or being there shall voluntarily serve such Prince not first having taken the Oath Felony in any Gentleman or Person of higher Degrée or any that is or hath born Office in Camp Army or Company of Souldiers to go beyond the Seas voluntarily to serve a Foreign Prince or shall voluntarily serve any Prince unless he first enters into Bond
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
penalty twenty Pounds forfeiture for not burying according to the Rites of the Church of England Children sent beyond Seas without Lycense are disinherited and disabled to take any Lands or Personalty by Gift Conveyance Descent Devise or otherwise till they take the Oath of Allegiance a hundred Pound penalty for sending them Soldiers Marriners Merchants their Apprentices or Factors excepted Popish Recusants convict are disabled to dispose of any of their Ecclesiastical Livings but the Chancellor and Schollars of Oxford and Cambridge have the right of Presentation Nomination c. but none to be presented who hath a Benefice with cure of Souls Papists are disablede from being Executors Administrators Guardians No Person to bring from beyond Sea Print Sell or Buy any Popish Primers Ladies Psalters c. upon the Penalty of Forty shillings for every such Book two Iustices of Peace within their Iurisdiction Bayliffs and chief Officers of Cities and Towns may search for popish Books and what are found they may burn Papists Armor shall be seized other then what is Iudged by the Iustices absolutely necessary for the defence of their Houses If they refuse to permit a Search to delivet Armor or Munition when t is found they forfeit the Armor and Munition and are to suffer three Months imprisonment without Bayl or Main-prize they must maintain their Armor notwithstanding it be taken away Ecclesiastical Censures are saved Vid. Roger Widdringtons Theological Disputation Epist Dedicat. to Pope Paul 5. S. 6. No sooner was this Oath and these Acts of Parliament made and published but the Romish Priests fall a Caballing Consulting what they and their Friends ought to do in this Case Of these George Blackwell was Chief his Title ran thus George Blackwell by the Grace of God and the Ordinance of the See Apostolick Arch-Priest of England He and several other Priests agreed the Oath was Lawful and might with a safe Conscience be taken by Papists But this was opposed by certain Jesuites and some other Priests which begot a great Feud and Contest amongst their own Party The Pope and his Assistants were against taking the Oath as if it were enough to overthrow their whole Religion and out thunders the Pope a Breve Right or Wrong expresly Commanding the English not to take the said Oath upon any Account whatsoever part of which Breve is Printed in Foulis in English and Latine which take as it is there The Popes 1st Bull against taking the Oath of Allegiance Foulis Hist l. 10. cap. 3. f. 927. Dilecti filli Salutem Apostolicam Benedictionem MAgno Animi maerore nos semper affecerunt tribulationes calamitates quas pro retinenda Catholica fide jugitur sustinvistis Sed cum intelligamus omnia hoc tempore magis exacerbari afflictio nostra mirum in modum aucta est c. Non potestis absque evidentissima gravissimaque divini honoris injuria obligare vos juramento quod fimiliter maximo cum cordis nostri dolore audivimus propositum vobis fuisse Prestandum Here was inserted the Oath it self infra scripti Tenoris viz. Ego A. B. c. Quae cum ita sint vbis ex verbis ipsis perspicuum esse debet quod bujusmodi juramentum salva fide Catholica salute animarum vestrarum perstari non potest cum multa contineat quae fidei saluti aperte adversantur propterea admonemus vos ut ab hoc atque similibus juramentis prestandis omnino caveatis quod quidem eo acrius exigemus à vobis quia experti vestrae fidei constantiam quae tanquam aurum in fornace perpetuae tribulationis igne probatum est Procomperto habemus vos alacri aâ—imo subituros esse quaecunque atrociora tormenta ac mortem denique ipsam constanter appetituros potius quam Dei Majestatem ulla in re taedatis c. Precipimus vobis ut illarum Litterarum verba ad amussim servetis simpliciter prout sonant jacent accipitis intelligatis sublata omni facultate illa aliter interpretandi c. Datum Romae apud Sanct. Marcum sub Annulo Piscatoris X. Kalend. Octob. 1606. Pontificatus nostri Anno Secundo Dearly beloved Sons Greeting and Apostolical Benediction THe Tribulations and Calamities which you have continually sustained for the keeping of the Catholick Faith hath always afflicted us with great Grief of mind but forasmuch as we understand that at this time all things are more grievous our affliction hereby is wonderfully encreased c. You cannot without most evident and grievous wronging of Gods honour bind your selves by the Oath which in like manner we have heard with very great Grief of heart is admitted unto you of the Tenor following viz. I A. B. c. Which things since they are thus it must evidently appear to you that such an Oath cannot be taken without wrong to the Catholick Faith and the Salvation of your Souls seeing it contains many things plainly contrary to Faith and Salvation wherefore we admonish you that you do utterly abstain from taking this and the like Oaths Which thing we the more earnestly require of you because we have experience of the Constancy of your Faith which is tryed like Gold in the Fire of perpetual Tribulation we do well know that you will chearfully undergo all kind of cruel Torments whatsoever yea and constantly endure Death it self rather then you will in any thing offend the Majesty of God c. We Command you that you do exactly observe the words of those Letters and that you take and understand them simply as they Sound and as they Lye all Power to interpret otherwise being taken away c. Dated at Rome at St. Marks under the Signet of the Fisher the 22 d. of Septemb. 1606. the 2 d. Year of our Popedom This Breve was presently sent into England notwithstanding it was High Treason to bring it but divers of the Papists having then taken the Oath were unwilling to believe that the Pope himself sent it but that it was * Foulis f. 527. Surreptitiously procured without the Popes knowledge whereupon the Pope to let them know that tho' the Pope might die yet the Bloody and barbarous Tenets and Doctrines of the Popedom were as lasting as the Popedom it self to satisfie those who doubted of the Reality of the former he sent another into England which follows as Foulis relates it Dilecti filii Salutem Apostolicam Benedictionem REnunciatum est nobis reperiri non nullos apud vos qui cum satis Declaraverimus per literas nostras Anno superiore X. Kalend. Octob. in forma Brevis datas vos tuta Conscientia prestare non posse juramentum quod a vobis tunc exigebatur praeterea triste preceperimus ne ullo modo illud praestaretis Nunc dicere audent hujusmodi literas de prohibitione juramenti non ex amini nostri Sententia nostraque propria voluntate scriptas fuisse sed potius aliorum
afterwards another Treaty was set on foot for Prince Henry with a Daughter of Spain What Religion the Spaniard was of is well known and what effect the Crown of England Matching into Popish Families abroad hath had is more to be lamented then remembred any other ways then to avoid the like mischiefs for the future In the 12 th Year of his Reign there were a generation about the Court Camb. f. 77. A Parliament called and dissolved because they complained of grievances and particularly of the increase of Papists that undertook for the calling such a Parliament as the King would have these were Men that presumed they had friends in every County and Borough who by their power among the People could make Election of such Men for Knights and Burgesses as should comply solely with the Kings desire and Somerset was the head and chief of these undertakers but these projects against the Fundamentals of the English Government proved an abortive for the Parliament meeting such Faces appeared there as was no ways pleasing to the Court who instead of contributing to the Kings wants lay open his wasts especially upon the Scots with whom they desire a share of Favour The Bread by our Saviour's Rule properly belongs to the Children of the Kingdom and they beseech his Majesty to stop the Current of future access of that Nation to make residence here having enough to eat up their own Crums they enquire into the Causes of the unexpected increase of Popish Recusants since the Gunpowder Plot the detestation whereof they thought should have utterly extinguished them and they attribute it to the admission of Popish Nobility into his Councels the silencing of many watchful and dilligent Ministers the divers Treaties his Majesty had entertained not only for the Marriage of Prince Henry but for Prince Charles with the Daughters of Popish Princes which disheartned the Protestant and encouraged the Papist they laid open with these many other miscarriages in Government the King desirous to conceal these Matters dissolves the Parliament and Committed to the Tower and other Prisons such as were most active for the common good and who can deny but that this must needs give encouragement to the Papists In the 15 th Year of his Reign he put out a Book to Tollerate Sports on the Lords Days this Book came out with a Command injoyning all Ministers to read it to their Parishoners and to approve of it A Book of Sports obtruded and those that did not were brought before the High Commission Imprisoned and Suspended This was a contrivance of the Papists and their adherents to trap the most Conscientious Men of the Church of England who were in all other matters exactly conformable and to lay them aside and good reason the Papists had for this because no Nation will ever receive their innovations in Matters of Religion where there is a Sound Orthodox Learned and Pious Clergy Wilsons Hist. f. 105. Wilson says that some of the Ministers that were Suspended said that they would Preach the Gospel in a Fools Coat rather then be silent for a Surplis and the Conjuring of them with the Cross in Baptism and the Circle of the Ring in Marriage could not make a well composed Reason and a sound Conscience then start at it But when so frighful an Aparition as the Dancing Book appeared some of the Ministers left all for fear others by force they were so terrified by it This I have set down in Willsons own words because it appears by this that the Men that were suspended were proceeded against not for Puritanism or Nonconformity to the discipline of the Church of England but for non-complying with things obtruded on them by right down Papists or those who whether they saw it or no I cannot tell were carrying on the Popish designs The King having all along had a design of Matching his Son Rushw Col. 1. part f. 11. either to Spain or France it is no wonder that the Priests and Jesuits swarm here and much less a wonder that they endeavour to promote their own Religion for if they will do it when the Edge of Justice is sharpned against them much more when he that should make use of the Sword is so merciful that let them do what they will he will not or so fearful he dares not strike As Prophanness by reason of the Book of Sports crept in by their means so did Idolotry and Superstition for their was now more enmity against Ministers of the Gospel then Popish Priests and no wonder for let a Peoples Morals be once throughly debauched and 't will not be very difficult to make them outwardly of what Religion you will. The Jesuits Jugling with the Boy of Bilson Wilsons Hist. f. 107. The Popish Priests and Jesuits having now more liberty then they had had for above fifty Years resolve to make much of their time and because they cannot much boast of real holiness pretended Miracles must recommend them to the People for this purpose the Boy of Bilson was set up by them as he himself afterwards confest to Act the part of one possest with a Divel and they were to come and disposes him that so it might appear how much Gods Power was exprest in their weakness and to difference the truth and holiness betwixt the Catholic Religion and the Heresie profest among Protestants such Godly cheats are they always making use of to deceive the Hearts of the simple This Boy Bishop Morton discovered to be an imposture and when he had made the discovery and the Boy found he was detected he confest the whole Matter to be thus That he was inticed to one Mr. Giffords House in Stafford-shire where there were four Romish Priests who gave him Mony and many fair words promising him great matters if he would be conformable to their instructions In three days time they had taught him to practice his tricks so well that they ventured him home to his Fathers to exercise them publickly He came home in a very distracted manner to his Parents amazement and in a short time the thing was noised and a great deal of Company coming to see him his Parents got Money by it which was an incouragement to him to persist so that when the Priests came to disposes him he would not be disposest but went on and as they had instructed him accused a poor Old Woman of Witchcraft for which she was Tryed and Condemned and had been Executed had it not been for Bishop Morton detecting this imposture The whole story you may read at large in Wilson from f. 106. to 111. Wilsons Hist. f. 130. Henry Earl of Northumberland who was Sentenced in the Star-Chamber Thirty Thousand Pounds and Imprisoned in the Tower for harbouring in his House the aforenamed Thomas Piercy his Kinsman who was one of the Plotters of the Gunpowder-Treason was in the Seaventeenth Year of this Kings Reign set at liberty The
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
brought their Designs about and the Palatinate was irretrievably lost they broke off the Match and left the King and Prince in the Lurch Right Popish Jugling After this Treaty was dissolved the King thinks of a Match with France The French Match Rushw Coll. 1 pt f. 114. A Parliament called and the Lord Kensington was sent Ambassadot into France to feel the Pulse of that Court touching it and gives an Account that it would be accepted soon after which a Parliament was called to meet the twelfth of February in the 21 st year of this King 1623. and now the King is of the Mind to take the Parliaments Advice about his Sons Match as he told them and is grieved for the Increase of Popery if after all the foregoing Passages it be to be believed and promises a great deal and porforms never a whit And here I cannot omit what Wilson saith speaking of this Parliaments Petition against Papists and the Kings Answer both which he hath printed at large f. 272.273 274 275. to which I refer the Reader If the King saith he had seriously and really considered the very last Clause of this Petition wherein the Glory of God and the Safety of his Kingdoms so much consisted as the Parliament wisely express and foresee and which the King saith is the best Advice in the World and which he promised so faithfully to observe in the next Treaty of Marriage for his Son it might perhaps have kept the Crown upon the head of his Posterity But when Princes break with the People A good Caution for all Christian Princes and States in those Promises that concern the Honour of God God will let their People break with them to their Ruine and Dishonour And this Maxim holds in all Powers whether Kingdoms or Common-wealths as they are established by Justice so the Justice of Religion which tends most to the Glory of God is principally to be observed The Parliament followed the Chase close The Parliament displaceth Papists and bolted out divers of the Nobility and Gentry of Eminency popishly affected that had earthed themselves in Places of high Trust and Power in the Kingdom as if they meant to undermine the Nation Their Names Wilson saith were these Francis Earl of Rutland the Duke of Buckinghams Wives Father Sir Thomas Compton Their Names VVilson's Hist f. 276. that was married to the Dukes Mother and the Countess her self who was the Cynosure they all steered by the Earl of Castle-haven the Lord Herbert after Earl of Worcester the Lord Viscount Colchester after Earl of Rivers the Lord Peter the Lord Morley the Lord Windsor the Lord Eure the Lord Wotton the Lord Teinham the Lord Scroop who was Lord President of the North and which they omitted the Earl of Northampton Lord President of Wales who married his Children to Papists and permitted them to be bred up in Popery Sir William Courtney Sir Thomas Brudnell Sir Thomas Somerset Sir Gilbert Ireland Sir Francis Stonners Sir Anthony Brown Sir Francis Howard Sir William Powel Sir Francis Lacon Sir Lewis Lewkner Sir William Awbury Sir John Gage Sir John Shelly Sir Henry Carvell Sir Thomas Wiseman Sir Thomas Geâ—rard Sir John Filpot Sir Thomas Russel Sir Henry Beddingfield Sir William Wrey Sir John Counwey Sir Charles Jones Sir Ralph Conyers Sir Thomas Lamplough Sir Thomas Savage Sir William Mosely Sir Hugh Beston Sir Thomas Riddall Sir Marmaduke Nivell Sir John Townesend Sir William Norris Sir Philip Knevet Sir John Tasborough Sir William Selbie Sir Richard Titehborn Sir John Hall Sir George Perkins Sir Thomas Penrodduck Sir Nicholas Saunders Knights besides several Esquires popishly addicted either in their own Persons or by means of their Wives too tedious to be expressed here and these were dispersed and seated in every County who were not only in Office and Commission but had Countenance from Court by which they grew up and flourished so that their Exuberancy hindred the Growth of any Goodness or Piety their Malice pleased to drop upon Soon after which the Parliament was adjourned after they had made thirty five publick Acts and seventy three private ones but nothing was done with relation to the Papists Rushw Coll. 1 pt f. 154 155. VVilson f. 277. saith the King desired this Match above all Earthly Blessings The King admiring the Alliance of mighty Kings though of a contrary Religion desired the Match with France unmeasurably notwithstanding his Promise to the Parliament which the French perceived and though they were very forward before yet now abated of that Forwardness And whereas they were at first very modest in their Demands in favour of the Papists yet now inlarged those Demands and strained the King to the Concession of such Immunities as he had promised the Parliament he would never grant In August 1624. this Match was concluded and in November the Articles were sworn unto by King James Prince Charles and the French King the Articles concerning Religion were not much short of those for the Spanish Match Papists encouraged by the Treaty with France Rushw Coll. 1 pt f. 154. The Papists formerly daunted by the Breach of the Spanish Match were now again revived by the Marriage Treaty with France And at this time upon the Death of William titular Bishop of Calcedon most of the English Secular Priests did petition the Pope that another Bishop might be sent over into England there to ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Killison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this Matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo the President of the English Benedictines of Doway wrote a Letter in their Behalf at the Congregation at Rome named of the Propagation of the Faith. Dated the 12 th of December 1624. In which Letter was this Passage That there were above sixty Benedictine Monks in England and that it is not to be doubted said he for that it is already seen the good Success under the first Bishop that another Bishop being constituted there would be more joyful Fruits within two Years in the English Mission than hitherto hath been for sixty years now lapsed But not long after the Episcopal party of the Romish Church prevailing Pope Vrban the VIII created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions The Close of this Kings Reign Rushw Coll. f. 155. And now I am come to the Close of this Kings Reign for after he had notwithstanding all his connivance at the Papists out of either Ambition or Cowardise recommended the Protection of the Church of England to the then Prince of Wales Charles the First advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter
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
without any evasion equivocation or mental reservation whatsoever and without any dispensation already granted me for this purpose by the Pope or any other Authority or Person whatsoever or without any hope of any such dispensation from any Person or Authority whatsoever or without thinking that I am or can be acquitted before God or Man or absolved of this Declaration or any Part thereof although the Pope or any other Person or Persons or Power whatsoever should dispence with or annul the same or declare that it was null and void from the beginning The same Oaths and Declarations to be made in every succeeding Parliament in full House that all members of Parliament not swearing and declaring as aforesaid and Popish Recusants convict are forbidden the Kings and Queens presence That if any Member of the House of Peers or Commons do any thing contrary to this Act or shall offend in any of the Cases aforesaid such Member should be thenceforth judged a Popish Recusant Convict and should be disabled to hold or execute any Office in any of his Majesties Dominions and likewise to sit and â—ote in either House of Parliament or make his Proxy in the House of Peers or in prosecute any suit in Law or Equity or to be Guardian to a Child or Executor or Administrator to any Person and uncapable of any Legacy Deed or Gift and should fofeit for every willful offence against this Act the sum of Five hundred Pounds to be recovered by whomsoever would sue for the same and to be prosecuted in any of his Majesties Courts where no Essoin Protection or Wager of Law should lye that either House of Parliament may cause any of their Members to swear and subscribe as aforesaid and upon their sitting without taking the same they should be adjudged disabled in Law to all intents whatsoever to sit or vote in the said Houses during that Parliament That the Places of Members of the House of Commons disabled to vote should be void and new Writs issue out for new Elections that the King and Queens sworn Servants should swear as aforesaid and subscribe the Declaration and that if after refusal of the same they presumed to come into their Majesties presence they should be disabled to hold any place and incur the Penalties aforesaid Nothing contained in this Act to relate to the Subjects of the King of Portugal being in the Queen Dowagers service not exceeding the number of eighteen at one time That during the taking the Oaths all proceedings in Parliament should cease and the Oaths c. and Names of the Persons who should take them should be entred in Parchment Rolls and for every such entry not above the sum of Twelve pence to be paid This Act not to extend to such who come into the King or Queens presence being Licensed by six Privy-Counsellors upon some urgent occasion therein to be expressed and such License not to exceed Ten days at a time and not above Thirty days in a Year That all offenders against this Act that shall take the said Oaths c. shall be discharged and freed from all Penalties and Incapacities incurred thereby but such freedom and discharge not to extend to restore any such person to any office or place filled upon voidance by this Act nor to any other Officer till after the Expiration of one Year from taking the said Oath c. nor to discarge the said forfeiture of Five hundred Pounds as aforesaid nothing in this Act to extend to the then Duke of York Thus I have given an Historical Account of the making of these Laws and of the Laws themselves and as they were highly reasonable in their Making so certainly it is as highly reasonable to continue them if the attemps of the Popish party under King James the Second be duly weighed which were carried so far that the Protestant Religion had been inevitably destroyed with the Professors thereof had not we been redeemed out of their hands by the Conduct and Valour of his present Majesty to whom under God we owe our Deliverance and therefore can never sufficiently express our gratitude He hath given sufficient Testimony of his Zeal for the Protestant Religion and therefore it is reasonable to believe that he will readily concur to the Making any Laws that shall be thought fit to preserve it I know of but one and that is Castration of all Priests and Jesuites when ever they are found here and breeding up the Children of Papists in the Protestant Religion Which I humbly offer to the Consideration of the Parliament for I believe this will terrify them more than Gallows or Galleys And how necessary it is for this Kingdom to rid themselves of this Vermin every one sees but they that are either Papists or so blinded with hopes or expectations of the late Kings return that they neither can nor will see And now methinks I hear some of the Church of England tell me I have shewn the reasonableness of the Laws against the Papists but have not said one word in vindication of the Laws against the Dissenters who have been as violent against the Church of England as ever the Papists were and the Laws against them are equally as just To this I give this Answer that I ways alwas of Opinion that the differences between the Church of England and the Dissenters have been made and carried on by the Papists And I wish there were not too much truth in it that the Papists influenced the Counsels when the Laws were made against the Dissenters I am sure a very Learned Pen * Dr. Sherlock of the Church England own'd the putting them in severe Execution the last seven or eight years to have proceeded from Popish Councils And I doubt not but the severe usage of the Church of England by the Dissenters when in Power was promoted by the same Party Since therefore the Papists can transform themselves into all shapes to promote differences amongst Protestants in order to their Ruine it can't certainly but be honest Policy for the Protestants in order to the preservation of the whole to unite against them as the common Enemy And therefore as we who are Lawyers never love to go to Law especially with one another so the Protestants in England under the denomination of the Church of England and Dissenter being now pretty even as to severities on both hands let them no more quarrel but shake hands and be friends which will tend more to the preservation of the true Religion amongst us than all the Laws that can be made FINIS