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

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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
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
be effected so long as the Jesuits Seminary Priests and other Priests were tollerated here for it hath been observed by some with a great deal of Truth that there was never yet a Plot against the Government but the Popish Priests had their share in it It was therefore thought necessary to follow the example of Swedeland the State of Venice and other Countries who have banisht the Jesuits and wisely to carry it a little further and banish Priests too they being such Disturbers of the State which was accordingly done by 27. Eliz. cap. 2. But least the Papists should again object against the Authorities I cite for the History of the Fact I shall here insert the very Words of their Secular Priests in their important Considerations whereby the truth of the Fact is Confest the Words are these About the time of the overthrow of the Popes Forces in Ireland The Secular Priests confess the truth of all the foregoing Account Collect. f. 44. The Popes Plot with King of Spain and Duke of Guise Mendoza his Holiness by the false instigation of the Jesuits plotted with the King of Spain for the assistance of the Duke of Guise to enterprize upon the sudden a very desperate design against Her Majesty and for the Delivery and advancement to the Crown of the Queen of Scotland For the better asserting whereof Mendoza the Jesuit and Ledger for the King of Spain in England set on work a worthy Gentleman otherwise one Mr. Francis Throckmorton and divers others And whilst the same was Contriving as afterwards Mr. Throckmorton himself Confessed 1584 the Jesuitical humour had so possessed the hearts of sundry Catholics as we do unfeignedly rue in our hearts the remembrance of it and are greatly ashamed that any Person so intitl'd should ever have been so extreamly bewitched Two Gentlemen about that time also viz. Anno 1583. Mr. Arden and Mr. Somervil were convicted by the Laws of the Realm Throgmortons Confession you have Printed Camb. Annal l. 3. f. 297. Arden and Somervil Dr. Parry Earl of Northumberland for having purposed and contrived how they might have laid violent hands upon Her Majesties sacred Person Mr. Somervils Confession therein was so notorious as it may not be either quallified or denied And Dr. Parry the same Year was plotting with Jesuits how he might have effected the like Villany How the worthy Earl of Northumberland was about this time brought into the said Plot by the Duke of Guise then still in hand we will pretermit Mr. Parsons that was Actor in it could tell the Story very roundly at Rome it wrought the Earls overthrow in 1585 which may justly be ascribed to the Jesuitical Practices of the Jesuite Mendoza and others of that Crew They mentioned several other Treasons which I shall not here take Notice of but reserve them till I come to give the further Account of their Treasons and only set down the Conclusion of this Paragraph These things say they we would not have touched had they not been known in effect to this part of the World and that we thought it our Duties to shew our own dislike of them and to clear Her Majesty so far as we may from such imputations of more then barbarous Cruelty towards us as the Jesuits in their Writings have cast by Heaps upon her They themselves as we still think in our Consciences and before God having been from time to time the very Causes of all the Calamities which any of us have endured in England since Her Majesties Reign which we do not write simply to excuse Her Highness altho we must Confess we can be contented to indure much rather then to seek her Dishonour but for that we think few Princes living being perswaded in Religion as Her Majesty is and so provoked as she hath been would have dealt more mildly with such their Subjects all Circumstances considered then she hath done with us Let us now see what reason can be given for making the rest of the Penal Laws that were made against the Papists in this Queens Reign The Earl of Arund tryed and fined only Camb. Annals f. 330. He was in 1589. tryed for high Treason and Condemned but the Queen spared him Camb. Annals f. 424.429 The first thing I meet with remarkable after the making these Laws forementioned is the fining the Earl of Arundel 5000 pounds in 586. for holding Correspondence with Allen and Parsons the Jesuit the Queens Enemies for that publickly in writing he had questioned the Justice of the Kingdom and that he had intentions of departing the Realm without License The Earl protesting his obedience to the Queen and his Love to his Countrey modestly excused himself by his Love to the Catholic Religion and his ignorance of the Law Confessed his fault and submitted In the * Gifford Savage Ballard and others Plot to kill the Q. Camb. Annals f. 336. Foulis Hist l. 7. cap. 5. sec 1. f. 343. Bakers Chron. f. 367. same year a very dangerous Conspiracy was discovered against Queen Elizabeth in the English Seminary at Rheimes there were some who were so bigotted to the Popish Religion that they thought the Pope could by his Authority do any thing and that the aforementioned Bull of Pius Quintus for deposing the Queen was dictated by the Holy Ghost and thought it a Meritorious Act to take away her Life and doubted not of a Canonisation as Martyrs if they fell in the Attempt William Gifford Doctor in Divinity Gilbert Gifford and one Hodgson Priests did so infuse this treasonable Doctrine into the mind of one John Savage a Bastard as was reported that he readily Vowed to kill the Queen One Ballard an English Priest at Rheimes bestirs himself in England and Scotland for carrying on the Design and for that purpose prepares Disciples then goeth into France and treats with Mendoza before named Charles Paget and others about invading of England judging they could never have a fairer opportunity then at that Juncture of time forasmuch as the Pope the Spaniard the Duke of Guise and the Prince of Parma were all resolved to set upon England thereby to divert the War from the Netherlands Having delivered the Message there he returns for England to promote the design here gets to London where in a Souldiers habit under the false Name of Captain Fescue he agitates the Plot. Babington and divers other Gentlemen engaged in this design of taking off the Queen At London he discovered this Affair to one Mr. Anthony Babington of Dethick in Derbyshire a young Gentleman greatly addicted to the Romish Religion and who had in France Commenced an Acquaintance with the Bishop of Glascow the Queen of Scots Ambassador and one Thomas Morgan an English Fugitive and a busie Agent for her Babington at first was of opinion that as long as the Queen lived an Invasion would signifie little or nothing but when he understood that Savage had undertaken to remove that
at home and their Ministers The Principal Root hereof The Councel of Trent which agreed to extirpate Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn Manner Pope Pius Quintus sent his Excommunication against Her Majesty Dr. Mourton and Mendoza a Spanish Ambassador bestirred them a Northren Rebellion was bred the Pope and the rest Practiced for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the thirteenth proceeds and sends Jesuites and Seminaries to England and Ireland and they proceed to inveagle the the Subjects and disswade them from obedience Viska beginneth a Rebellion in Ireland James Fitz Morris furthereth the Execution thereof Doctor Saunders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill Her Majesty and perswaded it was Meritorious Pope Sixtus the fifth imitateth the other Popes to execute their former Devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice Chamberlain honourably termed the glorious Gospel and therefore moved them to joyn with the Princes of the League and to practice to win the King of Scots and to set up the Scottish Queen in England and make his reckoning of the Cantons that were Popish the Switzers the Duke of Savoy they Duke of Ferara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will joyn to overthrow England and make known the effect of his Labour to the Pope Invasion should have been made into England and Ireland the last year and not like to be unattempted this year The Pope Excommunicateth the King of Navar the Pope accounteth not of Popish Preaching and perswasions that way But nevertheless moveth all to use the Word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuites Seminaries and divers other Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of Heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers Credit by using our Treasure and Force to get St. Quintines but he soon made his advantage of it and regarded not our Territories in France But suffered the loss of Calice and all our Territories and after the Death of Queen Mary what he could Her Majesty sought for his Good-will sending the Lord Mountague the Lord Cobham Sr. Thomas Chamberlain Knight Mr. Maun and others and they were but hardly used some of them were offered great indignity and Mr. Mauns Son forced by strength to do a kind of Pennance He comforted the Queens Enemies he giveth Colour of Wars he Chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with the countenancing Mounsieur with many at Cambray with sending her Nobility with him into the Low Countries with the Actions of Sr. Francis Drake with assistance of the Low Countries Of the purpose of the Combined Princes Their shew is to deal with the King of Navar to extirpate him but their drift is to ruinate Religion not only there but to set upon and to work the ruin of it here also Wherein the King of Spain and Guise are now very busie Their Malice is the more for the executing the Scottish Queen● But their hope is the less The King of Spain his Designments are to invade England and Ireland His Preparations Three hundred sixty Sail of Spain Eighty Gallies from Venice and Genoua one Galliass with six hundred armed Men from the Duke of Florence Twelve thousand Men maintained by Italy and the Pope Six thousand by the Spanish Clergy twelve thousand by his Nobility and Gentlemen of Spain It is reported that ten thousand of these be Horsemen I think it not all true but something there is We must look to the Papists at home and abroad It hath touched us in the Blood of the Nobility and the Blood of many Subjects They practice to frame Subjects against all Duty and bring in Doctrine of Lawfulness and Merit to kill the Queen and have sent their Instruments abroad to that purpose Notwithstanding things stood thus yet the Parliament having made so many Laws thought convenient to make but one Law this Session against the Papists which was not made Provisory of any new Remedy against them but to enforce the Execution only of a former Law. It is entitled An Act for the more speedy and due Execution of certain Branches of the Stat. 23. Eliz. intitled An Act to retain the Queens Majesties Subjects in their due obedience 29. Eliz. cap. 6 Rast Stat. 2. Part. f. 338. An Act to enforce the Execution of 23. Eliz. By which Act For the avoiding all Frauds and Delays in hinderance of the Execution of the said Act it is provided that certain assurances made by Papists shall be void against the Queen That the Conviction shall be at the Kings Bench or at the Assizes or general Goal Delivery and certified into the Exchequer The twenty pounds a month for not going to Church is to be paid into the Exchequer every Easter and Michaelmas Term In default of Payment the Queen may take all the Goods and two parts of the Lands and Leases of the Offenders The indictment sufficient tho it mentions not the Parties being within the Realm Vpon Proclamation made if the party renders not his Body he stands Convicted no forfeiture if the party submits or dies Assurances made bona fide not to be impeached nor Lands for Life or in the Wives right after the Offendors Death Thus did the Plots and Conspiracies of the Papists from time to time force the State to make either New Laws against them or else Laws for the more effectual executing the old for the truth of the Plots and Conspiracies before mentioned I shall here insert the very words of the Secular Priests in their important Considerations as hereunto followeth The Secular Priests Confession of the Plots before-mentioned Collect. f. 45. Babingtons Plot. We might add the notable Treasons of Mr. Anthony Babington and his Complices in the Year 1586. Which were so apparent as we were greatly abashed at the shameless Boldness of a young Jesuit who to excuse the said Traitors and qualifie their offences presumed in a kind of supplication to Her Majesty to ascribe the Plotting of all that mischief to Mr. Secretary Walfingham the Treachery also of Sr. William Stanley the year following 1587. in falsifying his Faith to Her Majesty and in betraying the trust Committed unto him by the Earl of Leicester who had given him the honourable Title of Knighthood as it was greatly prejudicial to us that were Catholicks at home Stanley's Treason so was the defence of that Disloyalty made by a
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
declare her to be deprived of her pretended Title to the Kingdom aforesaid and of all Dominion Dignity and Priviledge whatsoever and also the Nobility Subjects and People of the said Kingdom and all others who have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience and we also do by Authority of these Presents absolve them and do deprive the said Elizabeth of her pretended Title to the Kingdom and all other things before named And we do command and charge all and every the Noblemen Subjects People and others aforesaid that they presume not to obey her or her Orders Mandates and Laws And those which shall do the contrary we do include them in the like Sentence of Anathema And because it would be a difficult matter to convey these Presents to all places wheresoever it shall be needful Our Will is that the Copies thereof under a Publick Notaries hand and Sealed with the Seal of an Ecclesiastical Prelate or of his Court shall carry altogether the same credit with all men judicially and extrajudicially as these Presents should do if they were exhibited or shewed Given at Rome at St. Peters in the year of the Incarnation of our Lord 1569 the fifth of the Calends of March and of our Popedome the fifth year Cae. Glorierius One Felton hung up this Bill upon the Bishop of London's Palace Gates Cambd. Annals f. 148. Fowlis Hist lib 2. ca. 3. f. 327. Collections f. 24 Felton hanged as a Traytor for publishing the Bull. and scorning to seek an escape boldly vindicates the Pope and himself in what was done defying the Queen and her Authority for which he was Arraigned Condemned and Hanged near the same place in St. Paul's Church-yard Now for any thus to contemn and villifie his Soveraign nul her Authority renounce his Allegiance and so far to submit himself to a Foreign Jurisdiction even in Temporalities as to declare his own Soveraign deprived and deposed from her Kingdom what punishment this man incurr'd let the Reader Judge provided he will also consider That had a Protestant thus renounc'd his Obedience in Queen Mary's daies the party must have dyed for it and those who commend Felton would have called the other Traytors and yet Felton did it to procure a National Rebellion Besides this in the beginning of the 13 th year of the Reign of Queen Elizabeth The 4 th Rebellion was in Ireland begun in the beginning of 13 Eliz. by Conogher O Brien Earl of Twomond Cambd. Annals f. 153. in Ireland Conogher O Brien Earl of Twomond closely contrived a Rebellion which just as it was ready to break forth was by meer chance blown over and Thomas Steukley an Englishman a Ruffian a notorious Spendthrift and a notable vaporer who having consumed his Estate fled over into Ireland after he had first vomited forth most undeserved disgraces against his Princess to whom he was extraordinarily bounden soon after slipt out of Ireland into Italy to Pius V. Bishop of Rome where incredible it is into how great grace and favour he wrought himself by his Flatteries with that old man who breathed after the destruction of Queen Elizabeth This Steukley saith the Lord Treasurer Burleigh was a defamed person almost thro' all Christendom and a faithless Beast rather than a Man Collections f. 2 3 fleeing first out of England for notable Piracies and out of Ireland for Treacheries not pardonable and that he and the said Charles Nevil Earl of Westmerland were the Ring-Leaders of the rest of the Rebels the one for England the other for Ireland But notwithstanding the notorious evil and wicked Lives of these and others their confederates void of all Christian Religion it liked the Bishop of Rome as in favour of their Treasons to animate them to take Arms against their lawful Queen to invade her Realm with Foreign Forces to pursue all her good Subjects and their Native Country with Fire and Sword for maintenance whereof the Bull aforesaid had proceeded And the Pope the Guises the King of Spain Contrivances by the Pope the King of Spain the Guises and the Queen of Scots against Queen Elizabeth and the Protestant Religion Fowlis p. 330 331. Cambd. Annals lib. 2. f. 154. and the rest of the confederates against the Queen and the Protestant Religion the better to carry on their designs did soon after Queen Elizabeth came to the Crown set up a Title thereto in the Queen of Scots as aforesaid which was one principal cause that there were so many Plots and Conspiracies during her Reign tho' none gave her any great trouble till about the 10 th or 11 th year of her Reign It appears by Letters from the Pope to the Queen of Scots written in the year 1571. 13 Eliz. that there was a design on Foot to introduce Popery and to subvert the Protestant Religion here in England which Letter was delivered by Ridolpho the Florentine before mentioned his means to the Queen of Scots And Ridolpho by his own particular Letters to the Queen of Scots desired her to acquaint the Duke of Norfolk and her Friends with the Design but there being at that time a Treaty begun in order to her being restored to her Kingdom of Scotland whereof she was at that time dispossest she defer'd answering the Letter but the Treaty afterwards coming to nothing she privately sent a large commentary or draught of her Counsels and Affairs to the Duke of Norfolk before mentioned written in Cyphers known only to them two as also other Letters to be conveyed by Ridolpho to the Pope and the Spaniard Camd. Hist lib. 2. fol. 157. Baker's Chron. f. 344. Ridolpho greatly pressed the Duke to enter into the Confederacy and as an encouragement affirmed That the Pope so that the Catholick i. e. the Popish Religion might be promoted would bear the charge of the whole War and that he had to that purpose laid down 1 Some Writers say 150000. Crowns an hundred thousand Crowns the last year when the Bull was Published whereof twelve thousand he the said Ridolpho had distributed amongst the English Fugitives He promised that the Spaniard would supply him with 4000 Horse and 6000 Foot which might be sent over to Harwich near whereunto the Duke had many Potent Adherents and that most commodiously and without suspicion in the beginning of Summer when the Duke of Medina Caeli was to come with a strong Fleet into the Netherlands And concluded that such Caution might be used that the Duke might be cleared from all Suspition of affecting the Crown and the Queen of England safely might be provided for so as she would Embrace or tollerate the Romish Religion and give her assent to the Queen of Scots Marriage with the Duke Which Conspiracy the Duke at that time refused to enter into Cambd. Annals p. 158. Baker Chron. fol. 844. Camb. Annals li. 2. fol. 162.
notwithstanding Ridolphus plausible reasoning as he did also a Proposition made to him from Ross by Barker of surprising the Queen at unawares and interrupting the Parliament which was then sitting The Commentary of the Queen of Scots before mentioned being afterwards discovered there the Design appearing I have inserted what Cambden saith she therein discoursed viz. That the French approved of the Conference begun with the Scots and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth and that to no other end but that they might have the better pretence to deny the aid promised for her Restitution That the same French privately opposed her Marriage with Don John of Austria and highly favoured that with Norfolk in hatred to the Spaniards That the Duke of Alva did so far condemn the Design for sending back the Queen of Scots into Scotland that he thought it to be attended with the utter undoing of the Queen and the overthrow of the Catholick Religion in Britain for the Queen being returned into Scotland must of necessity either undergo the danger of being besieged or else hazard a Battel with the Rebels who with the help of the English would soon get her into their power before any foreign Forces could come to her assistance Seeing then she could not be safe in Scotland and from France there was swall hope that being embroiled with Wars within it self he thought it her best Course to fly to the Spaniards help who had proffered her Marriage with Don John of Austria which notwithstanding she would refuse having given her Faith that the Popish Religion in Brittain should be restored by Norfolk as also that her Son should be forthwith conveyed out of Scotland and sent into Spain for so he would be kept in safety and instructed in the Romish Religion from his very Childhood and withal all pretences would be taken from the Scots who Cloaked their Rebellion under his Name That to solicit these matters and to procure foreign assistance Ridolph was to be sent away presently who was to have private directions in any Case to conceal these things from the French. When the Council had received this Commentary and the Letters before mentioned Camb. Annals p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome and one Barker being apprehended had made a full Confession the Duke of Norfolk was committed to the Tower together with Bannister the Dukes Counsellor at Law the Earls of Arundel and South-hampton the Lord Lumley the Lord Cobham and Thomas his Brother Henry Piercy Lowder Powel Goodyear and others who every one of them even the Duke himself confessed the matter The Iniquity of these times and the Love of the Estates of England which were then assembled at Westminster towards their Prince and Country occasioned the making an Act of Parliament whereby certain Offences were made Treason Rast Stat. pt 2. fol. 136. To bold that the Laws and Statutes cannot li●●● the Crown and bind the Succession Treason during the ●ucc●s Life and a Premunire ever after The Preamble of this Act takes notice that it was thought the Laws and Statutes of this Realm then in force were not sufficient for the preservation of the Queens person which ought to be provided for and by the Neglecting whereof the Government might be subverted And therefore it was Enacted and provided according to the Tenor of former Laws that if any should attempt the Destructeon or personal Hurt of the Queen or raise War or excite others to War against Her if any Man should affirm that she is not nor ought of right to be deemed Queen of this Realm but that the Kingdom is more justly due to another or should pronounce her to be an Heretick Schismatick or Infidel or should usurp the Right and Title of the Kingdom during her Life or affirm that any other hath right to the Crown or that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof Every such person should be guilty of High Treason during the Queens Life and that after her Death if any person held the Doctrine that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof he should incur a Premunire That if any Man during the Queens Life should by any Book written or printed expresly maintain that any person is or ought to be Heir or Successor to the Queen except the same be the Natural Issue of her Body or should wilfully publish print or utter any Books or Writings to that effect he and his Abettors should for the first Offence suffer Imprisonment for a Year and forfeit the one half of his Goods and for the second Offence incur the Penalty of a Premunire I confess that Keble saith in his Collection of Statutes that this Act of Parliament is expired but what ground he hath for it appears not any where that I can find Keble Stat. fol. 827. either in our History or Law Books so that I take it for so much as was to continue after her death it is in force still not being repealed by any subsequent Statute and therefore certainly who ever holds that Doctrine that the Right of the Crown and the succession thereof cannot be limited and determined by the Laws and Statutes of the Kingdom incurs a Premunire There was also another Act of Parliament made in the same Session the which is intituled an Act against the bringing in and putting in execution of Bulls writings or Instruments and other Superstitions from the See of Rome The Preamble of which Statute recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast Stat. pt 2 fol. 138. Against bringing in Bulls c. from Rome and reconciling and being reconciled to the See of Rome Touching the Abolishing of the Authority of the Bishop and See of Rome and setts out That yet nevertheless divers Seditious and evil disposed People minding not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the Thraldom and subjection of that Foreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange the Minds and Hearts of sundry of her Majesties Subjects from their Dutiful Obedience and raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome and his said See divers Bulls and Writings And sets forth the effect of the said Bull herein before particularly set forth and that by colour of the said Bulls and Writings the said wicked Persons very secretly and most seditiously in such parts of this Realm where the People for want of Instruction were most weak simple and ignorant and thereby furthest
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in ●●e 27 th Year of our Reign divers things have been compassed and imagined ●●nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do gi●e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
undertook to take this rub out of the way by killing the King to which purpose he went for Scotland but took England in his way At London one Daniel an Italian Fencing Master discovers the Plot to the Queen she seized them and sent them into Scotland Mowbray supposed Guilty is cast into Edenburgh Castle whence thinking one Night to escape out of a Window by his Bed sheets they proved too short and he fell upon the Rocks and so dyed his Body was hanged for sometime then quartered 1601. and set upon the Gates and several places of the City This Design failing another is in hand in Italy A design to poyson King James the First Ferdinando I. the Grand Duke of Tuscany by the intercepting some Letters discovereth a Plot to poyson the said King James The Duke by what reasons induced is not material but 't is conjectured in hopes to convert him rather pervert him to the Romish Religion resolved to discover and prevent it At this time one Mr. Henry Wotton sojourned in Florence 1602. and was well acquainted with Seigniour Vietta the Dukes Secretary upon whose Commendations Wotton is pitched on to be the Messenger The Letters and excellent Antidotes against Poyson such as were not then known in Scotland were delivered to him who disguised under an Italian Garb and Name of Octavio Baldi hasteth into Scotland cometh to the King discovereth himself and the Conspiracy and after some stay returneth to Florence he was afterwards Knighted by King James As the Popes are never without Designs for promoting some of their Nephews The Pope designs to exclude King James the First so Clement the VIII the then Pope in these Designs against the said King James his succeeding Queen Elizabeth was not wanting intending the Crown of England for some of his friends and perceiving that some in England English Papists to be sure were tampering to promote the Interest of the Lady Arabella in this case he thought it best to deal warily he was very desirous that the Duke of Parma should wear the Crown of England but finding that this was not feasible by reason Arabella's Interest was too strong for him he steers another course and thinks of Cardinal Farnese who being unmarried might take to Wife Arabella and so unite Forces and Interests to carry the Crown To carry on this design it was advised that all the Romanists in England should unite that their Cause might not suffer by any dissentions about this Succession amongst themselves a good Caution may hence be given to all Protestants in England that they do not divide upon their present Majesty's King William and Queen Mary's accession to the Crown who under God are the preservers of the Protestant Religion amongst us for vis unita fortior and nothing but division can hurt us to promote this union the Romish Clergy who then had and still have a great awe and authority over the Layety were exhorted by the Pope to be all of a Mind as to this Succession and to press it home upon the Layety that so the Layety might not be divided To which purpose it was concluded that there should be an Arch Priest who should have a Jurisdiction over the rest who are to ●it according to his Rules and Directions and in these designs Father Parsons who was not yet advanc'd according to his merit was a main stickler and contriver the Pope also had drawn up some Bulls and sent to his Nuncio in the Netherlands to Divulge and spread them abroad at convenient times wherein he declared that not any though never so near in blood should after Queen Elizabeths death be admitted to the Crown but such an one as would not only tollerate the Roman Religion but would swear to promote and resettle it and that in the mean time Cardinal Farnese might in this Island have the greatest vogue the Pope made him Protector of England as Pope Pius V. had before made Mary Queen of Scots Queen of England to carry on the same design as he was of other Countrys Nay rather then fail the same Pope had formerly exhorted the French and Spaniards to unite invade England and divide it between them nor did they neglect to instigate the Family of the Pools to have a Right Divers other Attempts were made by Winton Desmond and other Priests and Jesuits to exclude King James the First but all proved abortive as did the Treasons plotted against him after his Accessions to the Throne Queen Elizabeth's death Camb Annals f. 651. Bakers Chron. f. 403. On the 24th of March 1603. the Virgin Queen Elizabeth of every Glorious Memory exchanged her corruptible for an incorruptible Crown after she had Reigned Forty four Years and Four Months and in the Seventieth Year of her Age of whom her Successor gave this Character that she was one who in wisdom and felicity of Government surpassed all the Princes since the days of Augustus King James the First Proclaimed Camb. Annals f. 661. Bakers Chron. f. 403. A Conspiracy against him She being dead some few hours after King James was Proclaimed King of England the First of Scotland the Sixth and no sooner is he set upon his Throne even before he could well get the Crown upon his Head but we find a Plot laid against his Life for though the Papists could not keep him from the Throne they were resolved if possible that he should not sit long there This Plot I must confess is prima facie of a strange Complection but when 't is well viewed if we look upon the Majority of the Persons concerned we shall find them to be Romish Priests and Lay Papists and therefore if a thing may take its denomination from the greater part this may sure and we may safely call it a Popish Conspiracy for although some Protestants were inveigled into it Yet they were the smaller number and at that time under a discontent (a) Bakers Chron. f. 404. VVilsons History of Great Brittain f 4. which oftentimes carries Men beyond the Principles of their Religion and to do things contrary to the Rules of right Reason Whither their discontent was well grounded or not is not my purpose to enquire but taking it for granted they were Male-contents I shall now give an account of who were Actors in this Design and what the Design it self was The Names of the Conspirators Fowlis Hist li. 10. cap. 1. f. 499. VVilsons Hist. f. 4. Bakers Chron. f. 404. The main Actors in this Conspiracy were William Watson and Clark who had both writ against the Jesuits for their Treasons and Conspiracies Sir Griffin Markham Count Aremberg Ambassador from the Arch Duke of Austria Mathew de Lawrency a Merchant but an Instrument employed by Aremberg all zealous Papists Sir Edward Parham a Papist Bartholomew Roskesby and Anthony Coply Papists Henry Brook Lord Cobham and George Brook his Brother who seemed to be Protestants Thomas Lord Grey of Wilton a Protestant
in one Week viz. in May 1606 who though he won his Wager yet was a Looser never getting his Winnings Piercy Wright c. who now lurked about London to expect the fatal Blow informed of the Discovery takes Horse making what haste they can to their Companions appointed to be at the Rendezvous on Dunsmore in brief according to their Abilities they run into open Rebellion but to their own Destruction The high Sheriffs with other Magistrates and Loyal Subjects so hunting them that they were either all dispersed slain or taken and the Chief of them afterwards condemned and executed Proceedings against Garnet and his Confederates printed by Robert Barker Printe● to the Kings most excellent Majesty 1606. to prevent untrue and incoherent Reports and Relations of their Tryals as the Epistle to the Book informs us And for the Confirmation of the Truth of these things I shall here insert the Heads of Sir Edward Coke's Speech at the Tryal of Robert Winter and divers others for their Treason in Westminster-Hall before the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Devonshire the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Peter Warburton Knight one of the Justices of the Court of Common-Pleas Lords Commissioners for that purpose On the 27 th of January 1605. were arraigned upon one Indictment Robert Winter Esq Thomas Winter Gent. Guy Fawks Gent. John Garnet Esq Ambrose Rookwood Esq Robert Keys Gent. and Thomas Bates upon another Indictment Sir Everard Digby At the Tryal of Winter and the rest upon the first Indictment * The Heads of the Speech of Sir Edward Coke at the Tryal of some of the Conspirators Sir Edward Coke than Attorney General made a very long and learned Speech wherein he first answered the Clamor that the Papists and their Adherents had then made because they were not sooner tryed Then he opened the Hainousness of the Crime in all the Aggravating Circumstances of it He said that as the Powder-Treason was of its self prodigious and unnatural so was it in its Conception and Birth most monstrous as arising out of the dead Ashes of former Treasons and then takes notice of very many if not all the Treasons before mentioned I think in this Speech and the Speech he made at Garnets Tryal all I am sure the most are taken in He then considered the Powder-Plot it self with regard to the Persons by whom the same was conspired And they were Clergy and Laity of the Roman Communion The Laity Gentlemen of good Houses of excellent Parts however most perniciously seduced abused corrupted and Jesuited of very competent Fortunes and Estates It being then said that there was never a Religious Man in the Action saith he in answer I never yet knew a Treason without a Romish Priest and names as ingaged in this Henry Garnet alias Wally the Superior of the Jesuits Legier here in England Father Creswel Legier Jesuit in Spain Father Baldwin Legier in Flanders as Parsons at Rome besides their Cursory Men as Gerrard Oswald Tesmond alias Greenway Hamond and Hall then he opened the Doctrines and Practices of the Jesuits and other Priests of the Romish Church which he proves from Simanca Creswels Philopater and other Books Then he considered the Persons against whom this Treason was conspired the King the Queen the Royal Issue Male the most honourable and prudent Councellors and all the true hearted and worthy Nobles all the Reverend and Learned Bishops all the Grave Judges and Sages of the Law all the principal Knights Citizens and Burgeesss of Parliament the Flower of the whole Realm Then he considered that this was designed notwithstanding the King had used so great Lenity toward the Papists that by the space of a whole Year and four Months he took no Penalties of them due upon the Statutes and besides this divers of the Papists were greatly preferred Then he considered the House of Parliament which they pretended they chose because there the Penal Laws were made against them which he answered by briefly showing what Laws were made against them and that their own Treasons were the true Grounds of making them Then he considered the End of this Conspiracy which was to bring a final and fatal Confusion upon the State and this is to be effected by damnable Means by mineing by thirty six Barrels of Powder having Crows of Iron Stone and Wood laid upon the Barrels to have made the Breach the greater Then he considered the Secresie of the Contrivance and Carriage of this Treason in three Respects the first that Catesby had Recommendation for a Regiment of Horse in the Low-Countries that under that Pretence he might furnish this Treason with Horse without Suspicion The Second was the Oath before mentioned The Third the Sacrament He then took notice of the admirable Discovery of this Treason and proceeded to make nine several Observations upon the whole which were these First The Mine had never been discovered had not the Cellar been hired 2. The Kings Directing the Search to be made there from those dark Words A Terrible Blow 3. Catesby Rookwood and Grants their narrow Escapes having a few Days before they were taken been in very great Danger of being blown up by Gun-powder 4. Gun-powder was the Invention of a Fryar 5. Binham was sent to the Pope to give notice of this Blow and to crave his Direction and Aid 6. Notwithstanding their rising in open Rebellion and giving out that the Catholics Throats would be cut not one Man came in to take their Parts but their own Company 7. The Sheriff immediately supprest them 8. The Discovery was made a few hours before it was to have been put in Execution 9. That there never was any Protestant Minister in any Treason and Murther that had been then attempted within the Realm Then he compared this Plot with that of Raleigh and Watson and Clark. 1. They had both one end 2. Both to be effected by Popish and discontented Persons Priests and Laymen 3. They all played at Hazzard the Priests were at the By Raleigh at the Main but these in at all purposing to destroy King Issue whole State. 4. All obliged by the same Oath and Sacrament 5. The same Proclamation after the Fact for Reformation of Abuses 6. The like Army provided for Invading 7. The same Pension of Crows promised 8. The Agreeing of the Times which was when the Constable of Spain was coming hither which was intended a Colour to the Invasion that it might not be suspected After Sir Edward Coke had ended his Speech The Evidence against the Traitors the Examinations of Winter and the rest subscribed by themselves were shown particularly to every one of them and acknowledged by them to be their own and true and in their Examinations every one had confest the Treason which Confessions were afterwards openly and distinctly read by
but confidently appealed to Time and Success to prove who took their Measures rightest When it happened what I foresaw came to pass the good Father was a little surprised to see all the great Men mistaken and a little one in the Right and was pleased by Sir William Throckmorton to desire the Continuance of my Correspondence which I was mighty willing to comply with knowing the Interest of our King and in a more particular manner of my more immediate Master the * * James the Second Duke and his most Christian Majesty to be so inseparably united that it was impossible to divide them without destroying them all Upon this I shewed that our Parliament in the Circumstances it was managed by the timerous Councels of our Ministers who then governed would never be useful either to England France or Catholic Religion but that we should as certainly be forced from our Neutrality at their next Meeting as we had been from our active Alliance with France the last Year That a Peace in the Circumstances we were in was much more to be desired than the Continuance of the War and that the Dissolution of our Parliament would certainly procure a Peace For that the Confederates did more depend upon the Power they had in our Parliament than upon any thing else in the World And were more encouraged from them to the continuing of the War So that if they were Dissolved their measures would be all broken and they consequently in a manner necessitated to a Peace The good Father minding this Discourse somewhat more then the Court of France thought fit to do my former urg'd it so home to the King that his Majesty was pleased to give him Orders to signifie to his R. H. my Master that his Majesty was fully satisfied of his R. H's good intention towards him that he esteemed both their Interests but as one and the same That my Lord Arlington and the Parliament were both to be lookt upon as very unuseful to their Interest That if his R. H. would endeavour to dissolve this Parliament his most Christian Majesty would assist him with his Power and Purse to have a new one as should be for their purpose This and a great many more Expressions of kindness and confidence Father Ferryer was pleased to Communicate to Sir William Throckmorton and commanded them to send them to His Royal Hhighness and withal to beg his Royal Highness to propose to his most Christian Majesty what he thought necessary for his own Concern and the advantage of Religon and his Majesty would certainly do all he could to advance both or either of them This Sir William Throckmorton sent to me by an Express who left Paris the Second of June 1674. Stilo novo I no sooner had it but I Communicated it to his R. H. To which his R. H. commanded me to Answer as I did on the twenty ninth of the same Month That his R. H. was very sensible of his most Christian Majesties Friendship and that he would Labour to cultivate it with all the good Offices he was capable of doing for His Majesty That he was fully convinced that their Interests were both one That my Lord Arlington and the Parliament were not only unuseful but very dangerous both to England and France That therefore it was necessary that they should do all they could to dissolve it And that his R. H's opinion was that if his most Christian Majesty would write his thoughts freely to the King of England upon this Subject and make the same proffer to his Majesty of his Purse to dissolve this Parliament which he had made to his R. H. to Call another he did believe it very possible for him to succeed with the Assistance we should be able to give him here And that if this Parliament were dissolved there would be no great difficulty of getting a new one which would be more useful The Constitutions of our Parliaments being such that a new one can never hurt the Crown nor an old one do it good His R. H. being pleased to own these Propositions which were but only General I thought it reasonable to be more particular and come closer to the Point we might go the faster about the work and come to some issue before the time was too far spent I laid this for my Maxim The dissolving of our Parliament will certainly procure a Peace Which Proposition was granted by every Body I conversed withal even by Monsieur Rouvigny himself with whom I took Liberty of conversing so far but durst not say any thing of the Intelligence I had with Father Ferryer Next that a Sum of Money certain would certainly procure a Dissolution this some doubted but I am sure I never did For I knew perfectly well that the King had frequent Disputes with himself at that time whether he should dissolve or continue them And he several times declared that the Arguments were so strong on both sides that he could not tell to which to incline but was carried at last to the continuance of them by this one Argument if I try them once more they may possibly give me Money if they do I have gained my Point If they do not I can dissolve them then and be where I am now So that I have a possibility at least of getting Money for their continuance against nothing on the other side But if we could have turn'd this Argument and said Sir their Dissolution will certainly procure you Money when you have only a bare possibility of getting any by their continuance and have shewn how far that bare possibility was from being a Foundation to build any reasonable hope upon which I am sure His Majesty was sensible of And how much 300000 Pounds Sterling certain which was the Sum we propos'd was better than a bare possibility without any reason to hope that that could ever be Compassed of having half so much more which was the most he design'd to ask upon some vile dishonourable Terms and a thousand other hazards which he had great reason to be afraid of if I say we had had Power to have argued this I am most Confidently assured we could have Compassed it for Logick in our Court built upon Money has more powerful Charms than any other sort of reasoning But to secure his most Christian Majesty from any hazard as to that Point I propos'd His Majesty should offer that Sum upon that Condition and if the Condition were not perform'd the Money should never be due If it were and that a Peace would certainly follow thereupon which no Body doubted His Majesty would gain his Ends and save all the vast Expences of the next Campaign by which he could not hope to better his Condition or put himself into more advantagious Circumstances of Treaty then he was then in But might very probably be in a much worse considering the mighty opposition he was like to meet with and the uncertain Chances of
provide and furnish the Horses and partly in Pensions to be employed upon some such as were to be prepared for that Service all which the said Thomas VVinter did relate to the said King of Spain who the said Kingdoms of England and Spain then standing in Hostility took that Offer in very good part saying that he would respect and account of the Catholicks of England meaning the Papists as of his own Castilians and thereupon agreed that he would make Invasion and set foot in England about the Spring then next following and would by way of Exchange send over unto the Papists of England one hundred thousand Crowns to be paid at two several Days agreed upon all which particulars are extant in the Confession of some of the chief Offenders at which time sundry Papists of England did extraordinarily furnish themselves by the traiterous and wicked Perswasions and Means of sundry Iesuits both with Horse and Armour But before these things could be effected Almighty God called the said late Queen to his mercy Immediately after whose decease that is to say in the same Month of March wherein she departed out of this World Christopher Wright late of London Gentleman was imployed by the said Robert Catesby Francis Tresham Henry Garnet and others into Spain to Negotiate with the said King of Spain by the means of the said Creswel the Iesuit and others to proceed in that Invasion which the said Thomas Winter had before Negotiated with him And afterwards on the two and Twentyeth day of June in the first Year of your Majesties Reign over this Realm of England Sir William Stanley Kt. Hugh Owen Esq William Baldwin Iesuit and others did by and with the Traiterous procurement and consent of the Offendors aforesaid from and out of Handers in the parts beyond the Seas under the Government of the Arch-Duke Traiterously employ and send Guy Fauks sate of London Genelman unto the said King of Spain to Negotiate with him on the behalf of the said Papists of England for Invasion to be had against this Realm of England to the same effect as was committed to the said Christopher Wright as is aforesaid And the said Guy Fauks and Christopher Wright though they had all the furtherance of the said Creswel the Iesuit that he could give yet finding no such entertainment with the said King who as by the sequel appeareth grew into detestation with the said Propositions and Negotiations as they expected or desired But being wholly disappointed of all their hopes concerning that Matter the said Robert Catesby and divers other Persons within this Realm did send over the said Thomas Winter into the said Country of Flanders to procure the said Guy Fauks a Natural Born Subject of this Realm and yet a most Traiterous desperate and cloudy minded Person then serving as a Souldier in the Low-Countries to come over into this Realm and by and with the Traiterous conspiracy and consent of the said Henry Garnet Oswald Tesmond John Garrard and other Iesuits and Thomas Pearcy late of London Esq John Wright late of London Gent. the said Christopher Wright Francis Tresham Robert Winter late of Huddington aforesaid Esq John Grant late of Norbrook in the County of Warwick Esq Ambrose Rookwood late of Staningfeild in the County of Suffolk Esq Everard Digby late of Gorehurst in the County of Buckingham Kt. Robert Keys late of London Gentlman and Thomas Bates late of London Yeoman to undertake the Execution of the most wicked Barbarous execrable and abominable Treason that ever could enter into the Heart of the most wicked Man by blowing up with Gun-Powder the House of Parliament at such time as your most excellent Majesty and your dearest Consort the Queen and the most Noble Prince Henry together with the Lords Spiritual and Temporal the Iudges of the Realm and the Knights Citizens and Burgesses of Parliament should be in said Parliament-House Assembled for which most Traiterous and Barbarous purpose there were secretly laid in a Vault or Cellar under the Parliament-House Thirty six Barrels of Gun-Powder or thereabouts to the utter overthrow and subversion of the whole State of this flourishing and renouned Kingdom If God of his infinite Mercy had not most Miraculously by your Majesties blessed direction Discovered the same in finding out the said Barrels of Gun-Powder in the said Vault or Cellar but few hours before the time appointed for the Execution thereof All which most Heinous Horrid and Damnable Treasons are most manifest and apparent by the voluntary confession and acknowledgments of the Offenders themselves Of which most Barbarous Bloody and detestable Treason for Conspiring and preparing to blow up the Parliament-House with Gun-Powder The said Robert Winter Thomas Winter Guy Fauks Robert Keyes Ambrose Rookwood John Graunt and Thomas Bates have been lately indicted and during this present Sessions of Parliament Arraigned convicted by Verdict and thereupon attainted And the said Sir Everard Digby Kt. hath likewise been indicted and during this present Sessions of Parliament Convicted and Attainted by his own confession of Record upon his Arraignment according to the Laws of this your Majesties Realm as by the Records of their several Indictments and Attainders it doth and may more plainly appear and for the which Offences the said Sir Everard Digby Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes and Thomas Bates have suffered pains of Death according to their demerits And the said Robert Catesby Thomas Piercy John Wright and Cristopher Wright were Slain in open Rebellion by them and others the said most wicked Traytors moved and stirred within divers Parts and Counties of this Realm shortly after the Discovery of their most detestable and Damnable Treason in Conspiring and preparing to blow up the said Parliament-House as aforesaid and the said Hugh Owen doth of purpose and for fear of condign punishment according to his demerit reside and kéep himself beyond the Seas by means whereof he cannot in respect of such his voluntary absence be Arraigned and publickly by due Tryal of Law upon apparent Testimony and proof against him be proceeded with for such his hainous and abominable Treasons and the said Francis Tresham being one of the said most detestable Traitors and being apprehended and imprisoned in the Tower of London having by sundry his Examinations confest himself a principal Traytor in all the said most abominable Treasons Dyed in the Tower during the time of his said imprisonment and before he could be Indicted of the said Treasons They therefore desired that the King of his blessed care and disposition to and for the continuance of Gods true Religion and Service and for that preservation and safety of his Person the Queen the Prince and the rest of the Royal Progeny and for the intire Love and Affection that his Majesty had always thent●fore born and did then bear to the Common-wealth and safety of this Realm of England to the end that all others might then
after fear to enter into any cogitation to attempt the like Barbarous and detestable Treasons that the Convictions and Attainder of the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby might be confirmed which was confirmed by Authority of Parliament accordingly and then it was Enacted that as well the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby as also the said Robert Catesby Thomas Piercy John Wright Hugh Owen and Francis Tresham should be attainted of High Treason and forfeit as in Cases of High Treason according to their several and respective Convictions and Attainders When the Parliament had thus first acknowledged Gods goodness in this deliverance and made the said Act of Attainder The consideration of the Treachery and Villany of this Gun-Powder-Plot undertaken under the pretence of maintaining and restoreing Popery engaged the State to consult the preservation of the Government and the Protestant Religion and considering the furious Zeal and wicked Principles of the Papists in affirming the lawfulness of deposing and killing all Heretical Kings and such they esteem all Protestant Kings to be that the Pope had Power to deprive Temporal Princes absolve Subjects from their Obedience and such-like Villanous Positions with the many wicked Practices against the Crown and Life of Queen Elizabeth and King James Upon these and such like considerations after several serious deliberations and consultations in Parliament to prevent the like mischiefs they thought fit to draw up a solemn Oath whereby every one should Abjure such Treasonable Doctrines and Swear for the future to behave themselves as became good Subjects which Oath was this The Oath of Allegiance Anno Tertio Jacobi primi Foulis Hist. l. 10. c. 2. f. 522. I A. B. Do truly and sincerely acknowledge profess Testifie and Declare in my Conscience before God and the World that our Soveraign Lord King is Lawful and is Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King. Or to dispose any of his Majesties Kingdoms or Dominions Or to Authorize any Forreign Prince to Invade or annoy him or his Countries Or to discharge any of his Subjects of their Allegiance and Obedience to His Majesty Or to give License or leave to any of them to bear Arms raise troubles c. Or to offer any Violence or Hurt to his Majesties Royal Person or Government or to any of his Majesties Subjects within his Majesties Dominions As also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bare Faith and true Allegiance unto his Majesty his Heirs and Successors And him and them will defend to the utmost of my Power against all Conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by Reason or Colour of any such Sentence or Declaration or otherwise And will do my best endeavour to disclose and make known unto His Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further Swear that I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrine and Position that Princes which be Excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope or any Person whatsoever hath Power to Absolve me of this Oath or any part thereof Which I acknowledge by good and full Authority to be Lawfully Ministred unto me And do Renounce all Pardons and Dispensations to the Contrary And all these things I do plainly and sincerely acknowledge and Swear according to the express Words by me spoken according to the plain and common sence and understanding of the same words without any Equivocation or Mental Evasion or Secret Reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God. A. B. Unto which Oath so taken the said Person shall subscribe His or Her Name or Mark. The Papists lookt upon the (a) Cecil Earl of Salisbury principal Secretary of State to be the chief promoter of the Oath of Allegiance and therefore used all their endeavours to deter him from Prosecuting it thinking that if they could take him off these Parliamentary transactions would fall to the ground they therefore sent the following Letter to him viz. My Lord VVHereas the late unapproveable and must wicked design The Papists threatning Letter to the Earl of Salibury Foulis Hist l. 10. c. 3. f. 521. for destroying of his Majesty the Prince and Nobility with many other of worth and quality attempted through the undertaking Spirits of some more fiery and turbulent then Zealous and dispassionate Catholics hath made the general State of our Catholic Cause so scandalous in the Eye of such whose corrupted Judgments are not able to fan away and sever the fault of the Professor from the profession its self as that who now is found to be of that Religion is persuaded at least in mind to allow tho God knoweth as much abhoring as any Puritan whatsoever the said former most inhumane and Barbarous project And whereas some of His Majesties Councel but especially your Lordship as being known to be as the Philosopher termeth it a Primus Motor in such uncharitable proceedings are determined as it is feared by taking advantage of so foul a scandal to root out all the Memory of Catholic Religion either by suddain Banishment Massacre Imprisonment or some such unsupportable vexations and pressures and perhaps by decreeing in this next Parliament some more cruel and horrible Laws against Catholics then already are made In regard of the premises there are some good Men Good men and Roman Catholics who through their earnest desire for the continuing the Catholic Religion and for saving many Souls both of this present and of all future posterity are resolved to prevent so great a mischief tho with a full assurance aforehand of the loss of their dearest Lives You are therefore hereby to be admonished May Murther Privy Councillors that at this present there are Five who have severally undertaken your Death and have vowed the performance thereof by taking already the Blessed Sacrament if you