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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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Vsurper Obstinate and Impenitent and so no good to be expected unless she be deprived Therefore Pope Sixtus Quintus moved by his own and his Predecessors Zeal and the vehement Desire of some principal English-men hath used great Diligence with divers Princes especially with the Spanish King to use all his Force that she might be turned out of her Dominions and her Adherents punished And all this for good Reasons Because she is an Heretick Schismatick is excommunicated by former Popes is Contumacious Disobedient to the Roman Bishop and hath taken to her self the Ecclesiastical Jurisdiction over the (a) No such thing Souls of Men. Because she hath against all Law and Right usurped the Kingdom seeing none forsooth must be Monarchs of England but by the Leave and Consent of the Pope Because she hath committed many Injuries Extortions and other Wrongs against her Subjects Because she hath stirred up Sedition and Rebellion between the Inhabitans of Neighbouring Countries Because she hath entertained (b) What did the Pope and Spaniard do Fugitives and Rebels of other Nations Because she sent and procured the (c) A Slanderous Vntruth Turk to invade Christendom Because she persecuted the English Romanists Cut of the (d) And very justly as appears by the Relation before given Queen of Scots and abolished the Roman Religion Because she hath rejected and excluded the Antient Nobility and promoted to Honour obscure People (e) A damn'd Lye. and also useth Tyranny Wherefore seeing these Offences some of them rendring her uncapable of the Kingdom others unworthy to live His Holiness by the Power of God and the Apostles reneweth the Censure of Pius V. and Gregory XIII against her excommunicates and deprives her of all Royal Dignity Titles Rites and Pretences to England and Ireland declares her illegitimate and Vsurper of the Kingdom and absolves all her Subjects from their Obedience and Oaths of Allegiance due to her So he commandeth all under Pain and Penalty of Gods Wrath to yield her no Obedience Aid or Favour whatsoever but to employ all their Power against her and to Joyn themselves with the Spanish Forces who will not hurt the Nation nor alter their Laws nor Priviledges only punish the wicked (f) Protestants he means Hereticks Therefore by these Presents we declare that it is not only Lawful but Commendable to lay Hands on the said Usurper and other her Adherents and for so doing they shall be well rewarded And lastly to all these Roman Assistants is liberally granted a Plenary Indulgence and Remission of all their Sins The Queen to defend her self set forth a good Fleet of Ships Queen Elizabeths Preparation to defend her self Camb. Annal. f. 405. under the Command of Charles Lord Howard of Effingham Lord High Admiral and Drake Vice-admiral she prepared two Armies one of one thousand Horse and twenty two thousand Foot under the Command of the Earl of Leicester The other of thirty four thousand Foot and two thousand Horse under the Command of the Lord Hunsdon And the Nation being jealous of the Papists the Queen was perswaded to commit divers to Wisbich Castle but could not be prevailed upon to execute any one not so much as a Priest notwithstanding the severe Laws then in being against them and this great Preparation made against her for the Conquering of England and the bringing in of Popery The Papists seeing such Preparations made by the Queen A Trick of the Spaniards Camb. Annals l. 3. f. 407 408 409 410. set on foot a Treaty for Peace and in February Commissioners went into Flanders and the 12 th of April 1588 the Spanish Commissioners met the English near Ostend and the Treaty was carried on by the Spanrards with design if possible to make England secure and so to surprise them for they dallied with the English till the Spanish Fleet was come upon the Coast of England and the Thundring of the Ordinance was heard from the Sea. The 21 st of May 1588. the Spanish Fleet set sail out of Tayo The Spanish Fleet at first disperst by Tempest Camb. An. from 411. to 418. The Fleets engage The Spaniard beaten and was totally scattered and disperst by a very great Tempest but being come together again the 12 th of July the whole Fleet set Sail again and the 21 st both Fleets engaged and after four several Sea-fights the First the 21 st the Second the 23 d. the Third the 25 th and the Last on the 27 th or 28 th of July thy Spanish Fleet the last Day of the same Month was driven Northwards and machischeir Escape by Flight This great Armada which had been three Years in Rigg●●g and Preparing with infinite Expence was within a Months space four times fought with and at the last overthrown with the Slaughter of many Men not an Hundred of the English being missing and but one Ship lost and after it had been driven round about all Brittain by Scotland the Orcades and Ireland grievously tossed and very much distressed impaired and mangled by Storms and Wrecks and indured all manner of Miseries at length returned Home with Shame and Disgrace The Prince of Parma never joyned them for which he was sufficiently reviled by the Spaniards As for Cardinal Allen he was born in Lancashire of good Parentage Foulis Hist l. 7. cap. 6. f. 351 352. Camb. Annals f. 490. Bakers Chron. f. 381. was bred up at Oxford in Oriel Colledge where he was Proctor was prefered to a Cannonship in York In Queen Elizabeths Days he quitted England became a Pensioner to the Spaniard to carry on whose Designs against his Queen and Country he was very industrious for which Service Sixtus V. created him a Cardinal 1587. and he died at Rome 1594. Oct. 16. He hath told us himself who were the chief Promoters of this Invasion as Mr. Foulis tells us and quotes for it Quodlibets Pag. 40 41 57. his own Words as he relates it are these The King of Spain at length as well by his Holiness's Authority and Exhortations as by his own unspeakable Zeal and Piety moved also not a little by my humble and continual Suit together with the afflicted and banished Catholicks of our Nation of all and every Degree who have been by his special Compassion and Regal Munificency principally supported in this our long Exile hath condescended at last to take upon him this so holy and glorious an Act c. And then proceeds to encourage nay and threaten too the English to take up Arms against their Queen and to joyn with the Spaniards and other Invaders If you will avoid the Popes the Kings and other Princes high Indignation let no Man of what Degree soever obey abet aid defend or acknowledge her c. Adding That otherwise they should incur the Angels Curse and Malediction and be as deeply excommunicated as any because that in taking her part they should fight against God against their Lawful King (a) How cometh Philip to
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 wi●●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
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
be lawful King of England against their Country and notwithstanding withstanding all they should do they should but defend her bootless to their own present Destruction and eternal Shame What Mr. Foulis relates out of Clark a Secular Priest is so remarkable with relation to this Invasion that I cannot omit it saith he and quotes his Author As for the Jesuits you shall hear what (c) C. W. A Reply to Father Parson's Libel f. 64 65. Clark the Priest saith who with Watson suffered afterward for Treason against King James First It is most certain that all the World had very admirable Expectance of that Army and the Jesuits more than any Secondly It is plain by the Cardinals Book if (d) They would hint to us as if Parsons were the Compiler of the Admonition but its certain that Allen was the Author of it and Parsons with the other Romanists confess Allen to be the Author it were his writen as a Preparative to that Account that he was made Cardinal on purpose for that Exploit and to have been sent hither presently upon the Spaniards Conquest But Father Parsons saith that he laboured to set forward at that time the Cardinals Preferment if you will believe him which maketh it evident à primo ad ultimum that Father Parsons was a Dealer in that Account Thirdly It is certain that the Jesuits in Rome were great with the Spanish Ambassador Leger there and had great recourse unto him when the Matter was on foot doth not this then urge them to be Concurrers thereunto Fourthly It is likewise most certain that the English Jesuits in Rome appropriated certain Pallaces in London to themselves to fall unto their Lots when the Matter was in handling to wit Burghley-House Bridewel and another which I have forgot makeing themselves cock sure of their already devoured Prey This all the Students that lived in the (e) Viz. The English Colledge at Rome Colledge at that time will witness with ●e now would I demand of you what reasons they might have to be their own Carve● 〈◊〉 if they had not some Interest in that Affair Fifthly We know that they were more forward in Rome concerning this Matter than the Cardinal or any other insomuch as at the first News of the Spaniards coming down into the narrow Seas they would have had Te Deum sung in the Colledge for joy of Victory if the Cardinal had not stayed it And to conclude Doth not the posting of Father Parsons into Spain presently after the Overthrow of this Army for further dealing with the Spaniard for the time to come and his better information in English Affairs and Father Holt posting into the Low-Countries for the like Purpose to keep the Spaniard still in hope of future times that this Mishap might not withdraw him from ever enterprizing the like afterwards shew that they were Dealers in the former Doubtless all these Circumstances cannot but sufficiently prove it that they were in the Judgment of wise Men. Foulis Hist l. 7. cap. 7. f. 354. This Grand Invasion of the Spaniards so contrived and carried on by the Pope Spaniard English Fugities Priests and Jesuits being ruined and brought to nought England might now afford it self some ease her Enemies not being able on a sudden to recruit their great Losses this Defeat in a manner breaking their Back and cracking the Credit of Philip. But as by degrees he recovered so by the Instigation of the English Fugitives was he perswaded to carry on the same ill Will towards the Queen of England Camb. Annals f. 457. Bakers Chron. f. 379. the first step that is set is to send over English Priests who crept every day privately into England in great Numbers from the Seminaries of Rome France and Spain for the Spaniard had lately founded a Seminary for the English at Validolid who laboured to draw the Subjects from their Obedience to the Queen and to unite them to the Spaniards Party which being discovered the Queen put out a Proclamation that none should harbour any man whatsoever but upon Enquiry first made who he was whether he came to Prayers in the Church upon what Means he lived where he dwelt the Year before and other like Circumstances that they who could not answer these Interrogatories should be sent to Commissioners appointed in every Shire least the Common-wealth should receive any Damage Notwithstanding this Proclamation and the severity of the Laws one Hesket who was set on by Sir William Stanley before named undertook to persuade Ferdinand Lord Strange who a little after by the Death of his Father Henry Heskets Plot to depose the Queen and set up the Lord Strange Fowlis Hist l. 7. c. 7. f. 354. Camb. Annals l. 4. f. 477. became Earl of Darby to depose the Queen and take upon him the Title of the Crown making pedegrees for him drawing his pretended right from Mary his great Grand-mother Daughter to Henry the 7 th And for a better encouragement they gave him large promises of assistance of Men and Mony from the Spaniard but withal threatning him with assured destruction unless he would undertake the design and conceal it but the Earl far contrary to their expectation discovers Hesket who confessing all is executed This failing we have another more dangerous Lopez his Treason against Queen Eliz. Camb. Annals l. 4. f. 484. Fowlis l. 7. c. 7. f. 354. Bakers Chron. f. 381. set on by persons of the highest Rank but it seems not unworthy the basest Action of whom any Religion might be justly ashamed As a Prologue to this we may understand that Don Sebastian the forward King of Portugal having ruined himself in the Affrican Expedition and his great Uncle Cardinal Henry succeeding him in the Kingdoms and Dying unmarried several made claim to the Portugal Crown Amongst the rest Don Antonio Prior of Crato natural Son to Lewis Brother to Henry To him being a Portuguese many of the People bare an affection so that at last the rest let their Titles sleep and the quarrel only remained between Philip the II. of Spain and this Antonio But Philip having the longest Sword under the Conduct of Alva wan the Kingdom so that Antonio was forced to flee for refuge to our Queen Elizabeth who afforded him some assistance and favour by which means and protection many Portuguese Ship't themselves for England where they were received as friends with all respect and honour Amongst the rest was Roderigo Lopez a Jewish Physician whom the Queen entertained in her own Service making him Physician to her Houshold and Stephano Ferreira de Gama with Emanuel Loisie These three were enticed by the Spaniard to undertake the Murther of the Queen for which they were promised great rewards but Lopez was to be the main instrument Lopez confessed that of late years he had been allured to do service secretly to the King of Spain which he did by means of one
and to employ the Power he left him to restablish him in the Estate and Dignitys of his Father on the 27th of March in the Twenty third Year of his Reign he gave up the Ghost From what Account I have given of Matters relating to the making the Penal Laws and the Reasons of not putting them in Execution in this Kings Reign I gather these things 1. That there is no heed to be taken to any promises made Advice given nor Oaths taken by Papists for if the Interest of the Popish Religion Intervenes the Promises Advice yea even the Oaths themselves must give way and 't is Meritorious too 2. That when it is to serve the Popish Interest they are allowed to deny the plainest truths although confest by Men in Articulo Mortis at the very point of Death 3. That whenever they are detected of any Conspiracy or Treason they immediately set their Wits to work to throw the odium of it upon some sort of Protestants or other nay sometimes they make it an essential part of the Conspiracy it self 4. That when they found themselves lost as to more private Conspiracies they involved Christendom in War to destroy the Protestant Interest upon the Colour of the Elector Palatines having Usurped the Crown of Bohemia notwithstanding he was legally Elected and made use of the Cowardise of King James to carry on that Design 5. That they want not Arts to deceive even Protestants themselves if they look not narrowly to them so much can they transform themselves into the likeness of Truth 6. That the loss of the Palatinate the differences between King James the first and his Parliaments the Spanish Treaty and at last the compleating the French Match were all carried on by Popish Intregues and to serve the Popes turn Certainly then there was good reason for the making the Penal Laws in this Kings Reign and the Parliament are greatly justified in pressing an Execution of them which had it been granted a Man may with good reason believe all the Civil Wars in the succeeding Reign had been prevented And this might lead me to show the share the Popish Party had in the beginning managing and carrying on that unhappy and ever to be lamented War but my design being only to show the reasonableness of making the Penal Laws against the Papists and there being but one Law made against them in this unfortunate Princes Reign I shall only give the grounds of making that Law and pass on to the Reign of his Son King Charles the Second CHAP. IX K. Ch. I. King Charles 1. His Accession to the Crown Bakers Chron. f. 451. Rushw Coll. 1 Pt. f. 165 167 170. KIng James the First being dead King Charles the First was immdiately Proclaimed he buried his Father the 7th of May 1625. The 13th of June in the same Year the Match between him and the French Kings daughter was consummated here in England A Chappel at Sommerset House was built for the Queen and her Family with conveniences thereunto adjoyning for Capuchin Fryers who were therein placed and had permission to walk abroad in their Religious Habits Thence forwards greater multitudes of Seminary Priests and Jesuites repaired into England out of foreign Parts then before The Parliament meet The 18th day of June the Parliament opened they after the usual Proceedings at the first sitting down Petitioned the King concerning Religion and against Papists he by his Answer gave them assurance of his real performance of what they desired in every particular Papists Pardon'd contrary to promise Rushw Coll. 1 Pt. f. 280. But notwithstanding this soon after his Majesty granted a Pardon to one Alexander Baker a Jesuite and unto ten other Papists which was gotten as there was information given by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees. And divers Copys of Letters and other Papers found by two Justices of Peace in the House of one Mary Estmonds in Dorsetshire were stifled by the Secretarys means The Commons upon these passages made observations First that the Pardon was dated the very next day after his Answer to their Petition Secondly That the Pardon dispensed with several Laws as 21. and 27. Eliz. and 3. Jac. provided to keep the Subjects in due obedience Thirdly That the Pardon was signed by the Principal Secretary of State. The Commons therefore declared that these actings tended to the prejudice of true Religion his Majesties dishonour the discountenancing of Ministers of Justice the grief of the good People the animating of the Popish Party who by such Examples grew more proud and insolent and to the discouragement of the High Court of Parliament The Petition concerning Religion and the Kings Answer take as they are printed in Rushworths Collection First Part f. 281. To the King 's Most Excellent Majesty Most Gracious Sovereign IT being infallibly true that nothing can more establish the Throne and assure the Peace and Prosperity of the People then the unity and sincerity of Religion we your most humble and Loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled and hold themselves bound in Conscience and Duty to represent the same to your Sacred Majesty together with the dangerous consequences of the increase of Popery in this Land and what we conceive to be the principal cause thereof and what may be the Remedies The Dangers appear in these Particulars 1. In their desperate ends being both the Subversion of the Church and State and the restlessness of their Spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good Service 2. Their evident and strict dependency upon such Foreign Princes as no way affect the good of your Majesty and this State. 3. The opening a way of popularity to the Ambition of any who shall adventure to make himself head of so great a Party The Principal Cause of the increase of Papists 1. The want of the due Execution of the Laws against Jesuits Seminary Priests and Popish Recusants occasioned partly by the Connivency of the State partly by defects in the Laws themselves and partly by the manifold abuse of Officers 2. The interposing of Foreign Princes by their Ambassadors and Agents in favour of them 3. Their great Concourse to the City and frequent Conferences and Conventicles there 4. The open and usual resort to the House and Chappels of Foreign Ambassadors 5. the Education of their Children in Seminaries and Houses of their Religion in Foreign Parts which of late hath been greatly multiplied and enlarged for the entertaining of the English 6. That in some places of your Realm your People be not sufficiently Instructed in the Knowledge of the true Religion 7. The Licentious Printing and Dispersing of Popish and Seditious Books 8. The Employment of Men ill affected in Religion in
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
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
Treason This Act declares what shall not and what shall be Heresie Hist Ref. pt 2. ib. 3. f. 386. that no matter of Religion or cause Ecclesiastical within this Act shall be Heresie Schism or Schismatical Opinion nor any thing but what is so adjudged by the Canonical Scriptures and the four first general Council or other Councils by the true and genuine sence of the Holy Scriptures or what should afterwards be declared Heresie by the Parliament with the consent of the Convocation From which Act. I observe that altho' it was a Premunire before this Law to own a Foreign Jurisdiction as bringing in Bulls doth yet the Queen was willing to inflict a less punishment for the first offence to see if she could gain upon the Papists by Clemency and made it not high Treason till a conviction of the third offence and that Conviction to be according to the Antient Laws of the Land and not in an Arbitrary way which is much more mild than any of the Popish Laws were neither was this Law put in Execution against them till they grew troublesome to the State as I shall plainly make appear hereafter The next Law was for the uniformity of Common Prayer and service in the Church and administration of the Sacraments Whereby 1 Mar. ca. 2. is repealed 1 E●iz ca. 2 Rast Stat. p. 2 f 5. An Act of Vniformity Camd. Annal. fol. 27. and the last Book of Common-prayer c. made in Ed. 6 th time is established with the alteration of some few things By which Law it is provided that spiritual persons that shall use any other service or deprave or speak against the use of that for the first offence being legally Convicted shall lose the profits of his Benefice for a Year and shall suffer six months Imprisonment for the second Offence shall be deprived ipso facto for the third not only deprived but suffer Imprisonment during his Life a Lay person offending in the Premisses shall for the first Offence suffer Imprisonment for a Year without Bail or mainprize and for the second Offence shall suffer Imprisonment during Life Every one that by Enterludes Plays Songs Rhimes or other open words shall speak against any thing in derogation depraving or despising of the same Book or shall any ways maintain any person c. in using any other Service c. or shall hinder or interrupt the use of this Book For the first Offence shall forfeit 100 Marks for the second Offence 400 Marks and for the third Offence shall forfeit all his Goods and Chattels and suffer Imprisonment during Life and for non payment of the 100 Marks in 6 Weeks after his Conviction shall suffer six Months Imprisonment and for non payment of the 400 Marks shall suffer 12 Months Imprisonment without Bail or Mainprize All persons are by this Act required having no reasonable Excuse to resort to their Parish Church or upon reasonable Let to some other place where the service is used upon Sundays and Holy-days upon the Penalty of punishment by the Censures of the Church and 12 d. for every Default And for due Execution of this Act the Queen il ●ean trying the Bishops for being guilty of a Misdemeanor i● not complying with a Popish Prince against this Law be justified the Lords Temporal and all the Commons in that Parliament assembled did in God's Name earnestly require and charge the Arch-Bishops Bishops and other Ordinaries that they should endeavour themselves to the utmost of their knowledges that the due and true Execution thereof might he had throughout their Diocess and charges as they would answer before God for such Evils and Plagues wherewith Almighty God might Iustly punish his People for neglecting that good and wholsome Law. All Laws for other Service are hereby made void But may the Papists say Are not imprisonment Premunire and High Treason very great Penalties What Greater To this I answer That there is not any of them inflicted for the first Offence But punishment for the first offence is still but a pecuniary molct The Penalty ann●●ed to this Law justified and extends to neither Pillory Loss of Ears striking off hands or death much less death by Fire and Fagor The second Offence is restraint of Liberty and that but Temporary except in one single Case where it is for Life The punishment for the first Offence is no where made a Premunire nor Treason and 't is but in one case that the Party offending is made Guilty of High Treason and that is upon being Convicted of the third Offence too and for that very Off●nce the Party incurr'd a Premunire by the Law before And if it be granted me that it is necessary that some kind of Penalties be annexed to inforce obedience to Laws which certainly cannot be denyed these being such gradual Penalties the Papists themselves cannot but own that they are reasonable 5 Eliz. ca. 1 Rast Stat. pt 2. f. 39. An Act to exclude the Popes Pretences to any Authority here in England The reasonableness of it and the Penalties annexed to it The next Act of Parliament I shall take notice of is the Act for the assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions by which Act it is provided That if any person dwelling inhabiting or resiant within the Queens Dominions should after 1 Apr. 1563 by writing c. advisedly and wittingly hold c. maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore usurped within this Realm being lawfully Convicted thereof within a Year should incur a Premunire for the first Offence and High Treason for the Second the like Penalties are annexed to the Refusal of the Oath of Supremacy The reason of the making which Law appears from the Preamble of the Act and the History of those times The Preamble takes notice that Hures Perils Dishonours Inconveniences had before time befallen the Queens Majesties Noble Progenitors Kings of this Realm and the whole estate thereof by means of the Jurisdiction of the See of Rome unjustly claimed and usurped within this Realm and the Dominions thereof and also takes notice of Dangers the Queen and state was then in by the Fa●ters of the said usurped Power at that time grown to marvellous outrage and Licentious Boldness and therefore it was necessary to have more sharp restraint and correction of Laws then before in the time of the Queens Majesties most mild and merciful Reign had been establish'd Hence it plainly appears that the Parliament thought the Queens Person and the Kingdom in great Danger from the Papists who are all favourers of the Pope's Authority in England and if Cambden may be believed not without reason Cambd Annals fol. 58. for he tells us That Anno Domini 1562 in France the Professors of the Reformed Religion were most grievously afflicted And that thereupon the Papists in England muttered
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
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 N●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
Gregory the 13 th which alwaies afforded new supplies of Priests for England when the old ones failed whose business it was privately to spread the Seeds of Popery here amongst us From whence the Colledges had the name of Seminaries and they called Seminary Priests who were bred up in them In these Seminaries amongst other disputations it was concluded that the Pope hath such fulness of Power by Divine Right over the whole Christian World both in Ecclesiastical and Secular Matters that by vertue thereof it is lawful for him to Excommunicate Kings absolve their Subjects from the Oath of Allegiance and to deprive them of their Kingdoms Out of these Seminaries were sent forth into divers parts of England and Ireland at first a few young men and afterwards more according as they grew up who were entered over-hastily into holy Orders and instructed in the above mentioned Principles They pretended only to administer the Sacraments of the Romish Religion and to preach to Papists but the Queen and her Council soon found that they were sent over underhand to seduce the Subjects from their Allegiance and Obedience due to their Prince to oblige them by reconciliation to perform the Pope's Command to stir up intestine Rebellions under the Seal of Confession and flatly to execute the Sentence of Pius V. against the Queen to the end that Way might be made for the Pope and the Spaniard who had designed the Conquest of England To these Seminaries were sent daily out of England by the Papists in contempt and dispight of the Laws great numbers of Boys and young Men of all sorts and admitted into the same making a Vow to return into England Others also crept secretly from thence into the Land and more were daily expected with the Jesuits who at that time came first into England This occasioned the Queen to issue out a Proclamation Camb. Annals f. 245. Collection f. 42. That whosovever had any Children Wards Kinsmen or other Relations in the parts beyond the Seas should after 10 days give in their Names to the Ordinary and within four Months call them home again and when they were returned should forthwith give notice of the same to the said Ordinary That they should not directly or indirectly supply such as refused to return with any Money That no man should entertain in his House or harbor any Priests sent forth from the aforesaid Seminaries or Jesuits or cherish and relieve them and that whoever did to the contrary should be accounted a favourer of Rebels and Seditious Persons and proceeded against according to the Laws of the Land. Camb. Annals f. 246. Before such time as this was proclaimed the Papists pretended that they were sensible too late of the Inconveniencies by the said Bull and that they were ill pleased that ever it came forth A defence of the same written by the said Nicholas Sanders they cunningly supprest and prohibited the Question concerning the power of the Bishop of Rome in Excommunicating and Deposing of Princes to be publickly disputed Which notwithstanding brake forth every day hotter and hotter amongst them Robert Parsons also and Edmund Campian English-Men and of the Society of Jesus being now ready to come over to advance the Romish affairs in England obtained Power from Gregory the Thirteenth Bishop of Rome for moderating that severe Bull Parsons and Campian sent into England by the Pope to promote the Popish interest here The Faculties themselves are Printed verbatim in English and Latin by the L. Burligh in his Examination for Treason Col. f. 12 13. And by Foulis in his History f. 337. The Character of Parsons and Campian Cambd. An. f. 246. Bakers Chron. f. 356. and that in these words Let there be humbly prayed of our most Holy Lord who is generally the most wicked of the whole Court of Cardinals an Explanation of the Bull Declaratory set forth by Pius the V. against Elizabeth and her adherents to give her the Title of Queen after she was excommunicated would have been to disown their own Doctrine of the Lawfulness to depose and kill Princes which Bull the Catholics i. e. the Romish Rebels and Traytors do desire may be understood in this manner that it may always bind Her and the Hereticks i. e. the Protestants and their Protestants Queen but in no way the Catholicks as matters now stand for they were wise enough to carry on their Cruel Designs and knew well enough that whatever Cruelties they used they should be commended for it whether they had any orders for it or not but only hereafter when publick Execution of the said Bull may be had they doubted not of effecting their enterprize for washing their hands in the Blood of the Protestants these Graces aforesaid the Bishop hath granted to Father Robert Parsons and Edmund Campian who are now to take their Journey into England the Fourteenth day of April 1580. in the Presence of Father Oliver Manarcus Assistant This Parsons was of Somerset-shire a violent fierce natur'd Man and of rough behaviour Campian was a Londoner of a sweet disposition and a well pollish'd Man both of them were by Education Oxford Men and known there to Cambden himself as he avers Campian being of St. John's Colledge bare the Office of Proctor of the University in the Year 1568. and being made Deacon made a shew of the Protestant Religion he withdrew himself out of England they can turn themselves into all shapes to carry on their Barbarous and Cruel Conspiracies against the Protestants and the true Religion which they profess Modern Instances of this we have not a few Parsons was of Balliol Colledge wherein he openly professed the Protestant Religion until he was for his loose carriage Expell'd with disgrace and went over to the Papists and it hath been observed by many and that very truly that they who go over from the Protestant to the Popish Religion are generally Men of very vitious and loose Lives These two coming privately into England Travelled up and down the Country and to Popish Gentlemens Houses Covertly and in the disguised Habits sometimes of Souldiers sometimes of Gentlemen sometimes of Ministers of the Word and sometimes of Apparitors diligently performing what they had in Charge both in word and writing Parsons who was Constituted Superior being a Man of a Seditious and Turbulent Spirit and Armed with a Confident Boldness tampered so far with the Papists about deposing the Queen that some of them Cambden saith he speaks upon their own Credit thought to have delivered them into the Magistrates hands Campian the more modest yet by a written Paper Challenged the Ministers of the English Church to a Disputation and published a Neat well-pen'd Book in Latine called Ten Reasons in Defence of the Doctrine of the Church of Rome And Parsons put out another virulent Book in English against Clark who had soberly written against Campian's Challenge but to Campian's Reasons Whitaker gave a solid Answer Campian himself
was taken a Year after and put to the Rack and afterwards being brought forth to Dispute he scarcely answered the expectation raised of him Neither wanted there others also of the Popish Faction for Religion was then grown into faction as it was very lately here in England who Laboured Tooth and Nail at Rome and elsewhere in Princes Courts to raise War against their own Country Yea they published also in Print that the Bishop of Rome and the Spaniard had Conspired together to Conquer England and expose it for a Spoil and Prey And this they did on purpose to give Courage to their own Party and to terrifie others from their Allegiance to their Prince and Country This forced a Manifesto from the Queen Camb. Annals f. 247. wherein after acknowledgment of the goodness of God towards her She declareth that she had attempted nothing against any Prince but for preservation of her own Kingdom nor had she Invaded the Provinces of any other tho she had been sundry times thereunto both provoked by Injuries and invited by Opportunities that if any Prince go about to attempt ought against her she doubts not but to be able by the Blessing of God to defend her People and to that purpose she had Mustered her Forces both by Sea and Land and had them now in readiness against any Hostile Invasion her faithful Subjects she Exhorts to continue immoveable in their Allegiance and Duty towards God and their Prince the Minister of God not their absolute Supream Lord to dispose of them and theirs according to will and pleasure the rest who had shaken off their Love to their Country and their Obedience to their Prince she commands to carry themselves modestly and peaceably and not provoke the severity of Justice against themselves for she would no longer be so imprudent as by sparing the Bad to prove cruel to her self and her good Subjects By this Manifesto all Men may see how tender and compassionate the Queen was to her worst Subjects even them who had renounced their Allegiance to her and very hardly was she brought to put the Laws in Execution against them although they so justly deserved it of which take the following account from Mr. Cambden Camb. Annals f. 270. The Queen to take away the fear which had possest many Minds that Religion would be altered and Popery tollerated being overcome by importunate Intreaties permitted not furiously Commanded as if she thirsted after Blood That Edmund Campian aforesaid of the Society of Jesus Ralph Sherwin Luke Kirby and Alexander Briant Priests should be Arraigned who being Indicted upon the Act for Treason made 25 Ed. 3. and charged to have compassed and imagined the destruction of the Queen and Realm to have adhered to the Bishop of Rome the Queens Enemy to have come into England to disturb the Peace and Quiet of the Realm and to have raised forces to that end were condemned to dye and persisting obstinately to defend the Popes Authority against the Queen were Executed And not for professing the Popish Religion or exercising it barely as some of the Romanists and a few ignorant Protestants pretend For Campian after he was condemned being askt first whether Queen Elizabeth were a true and lawful Queen refused to answer then whether he would take part with the Queen or the Pope if he should send Forces against the Queen he openly professed and testified under his hand that he would stand for the Pope Afterwards some others also were Executed for the same Reasons whereas in full ten Years time after the Northern Rebellion But five Papists put to death in ten Years there had been no more then five Papists put to death But such now were the times that the Queen who never was of opinion that Mens Consciences were to be forced complained many times that she was driven of necessity to take these Courses unless she would suffer the ruin of her self and her Subjects upon some Mens pretence of Conscience and the Catholic Religion i. e. the Abby Lands and a Cardinals Cap yet for the greater part of these silly Priests she did not at all believe them guilty of Plotting the destruction of their Country but their Superiors were they she held Camb. Annals f. 271. Lord Burleigh saith the same thing Collection f. 28. to be the Instruments of this villany for these inferior Emissaries committed the full and free disposure of themselves to their Superiors And when those of the Superiors that were then and afterwards taken were asked whether by the Authority of the Bull of Pius V. Bishop of Rome the Subjects were so absolved from their Oath of Allegiance towards the Queen that they might take up Arms against her whether they thought her to be a lawful Queen whether they would subscribe to Saunders and Bristow's opinion concerning the Authority of that Bull whether if the Bishop of Rome should wage War against the Queen they would joyn with her or him they answered some of them so ambiguously some so resolutely and some by prevarication or silence shifted off the matter in such a manner that divers ingenious Papists which are rare to find in th●t Age began to suspect they fostered some treacherous disloyalty and John Bishop a Man otherwise devoted to the Bishop of Rome wrote against them and solidly proved that that Constitution obtruded under the Name of the Lateran Council upon which the whole Authority of absolving Subjects from their Allegiance and deposing Princes is founded is no other then a Decree of Innocent the III. and was never admitted in England yea that the said Council was no Council at all nor was it at all there decreed by the Fathers But of the Priests themselves owning all this I shall give a further account hereafter Camb. Annals f. 272. Suspicions were daily increased by the great number of Priests creeping more and more into England who privately felt the Minds of Men spread abroad that Princes Excommunicate were to be deposed notwithstanding their former prohibition of Preaching that Doctrine and whispered in Corners The Popish Terets spread abroad that such Princes as professed not the Romish Religion had forfeited their Regal Title and Authority that those who had taken holy Orders were by a certain Ecclesiastical priviledge exempted from all jurisdiction of Princes and not bound by their Laws nor ought they to reverence or regard their Majesty that the Bishop of Rome hath supream Authority and absolute Power over the whole World yea in Temporal Matters that the Magistrates of England were no lawful Magistrates and therefore not to be accounted for Magistrates yea that whatsoever was done by the Queens authority since the time the Bull declaratory of Pius V. was published against her was by the Laws of God and Man altogether void and to be esteemed as of no validity and some of them were not ashamed to own that they were returned into England with no other intent then by
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.
Wade the Clerk of the Councel by putting together these torn pieces of Paper with much pains and singular Dexterity discovered the Design Their spight was all at the Queen and the better to procure her ruin Martins Book against the Queen Foulis Hist l. 7. cap. 4. f. 338. there was a little Book composed and called a Treatise of Schism which amongst other things exhorted the Women at Court to Act the same against the Queen as Judith had done with Commendation against Holosernes The Author of this pernicious Pamphlet was one Gregory Martin formerly of St. Johns Colledge in Oxford and Contemporary with Campian The Duke of Norfolk made him Tutor to his eldest Son and indeed his Learning was noted being a good Linguist and one who had read much but in his writing he was very passionate and so sometimes inconsiderate One * Carter Prints Martins Book Concertat Eccles Cathol Angl. part 2. f. 127. c. Ruston de Schism Angl. l. 3. William Carter who had formerly been Amanuensis to Dr. Harpesfield one of Bishop Bonners Creatures and was now the chief Printer for the Romanists keeping two Presses at their Devotion gets this Book commended by Allen and Prints above a thousand for which he is tryed confesseth the Printing it vindicateth all is contained in it is condemned and executed and hath the Honour to be registred amongst their Martyrs By reason of these Treasons before mentioned as also upon occasion of Rumors from all parts that great Dangers were at hand and threatned to prevent the wicked Designs The Subjects of England Associate and Treacherous Practices of the Papists and to provide for the Queens safety upon which the Welfare both of the Realm and Religion depended many Men of all Degrees and Conditions throughout England by Leicesters means and out of their own publick Care and Love whilst they stood not in Fear of her but were full of Fear for her bound themselves in an Association by mutual Vows Subscriptions and Seals to prosecute to the Death as far as lay in their Power all those that should Attempt any thing against the Queen Upon which the Parliament meeting on Munday 23 d. Day of November 27 El. A Bill was in this Sessions brought into the House of Commons for Provision to be made for the Surety of the Queens Majesties Royal Person and the continuance of the Realm in peace and for confirming the said Association There was also in this Session of Parliament another Bill brought into the House of Commons against Jesuits Seminary Priests and other disobedient Persons and one William Parrey by Nation a Welshman born of obscure Parentage and of mean Estate by Title a Doctor of the Law though but indifferently Learned a Man exceeding proud Camb. Annals f. 305. D' Ewes his Journal f. 340 341 342. Bakers Cron. f. 364. Parry's contempt to the House of Commons when this Bill was read the third time which was Decemb. the 17th 1584. and with little or no Argument passed the House in very violent Terms spake directly against the whole Bill standing up for the Jesuits and pleading that the said Law svoured of Treasons was full of blood danger despair and terror or dread to the English Subjects of this Realm but refused to give his Reasons to the House or any other but the Queen for which he was committed to the Serjeants Custody till the House considered of his Crime and being called in again and he persisting in his contempt It was resolved that for that he did speak to the Bill and gave his Neggative voice so directly and undutifully and in contempt of the House would not shew his Reasons for the same being against the ancient Orders and Usage of that High Court and not for that he said he would shew them only to be discovered to her Majesty he should be committed to the Serjeants Ward till the Matter should be farther Examined On the 18th of December the Queen sent a Message to the House approving and commending what they had done in this matter and letting them know that Doctor Parry had been examined and made a discovery partly to the satisfaction of her Majesty and therefore desired that upon his humble submission and acknowledgement of his fault he might be dispensed with which was accordingly done But Feb. the 18th being in the Tower for Treason was disabled from being longer a Member of the House of Commons Parry's Treasonable Conspiracy for taking away the Queens Life Camb. Annals f. 306. Foulis Hist l. 7. ca. 4. f. 338. D' Ewes Journal f. 350. This very Parry when he got to be Parliament man was a Papist and afterwards accused by Edmond Nevil who claimed the Inheritance of Charles Nevil late Earl of Westmorland one of the Ring-leaders in the forementioned Plot in the North who a little before ended his Life in a Miserable Exile and the Title of Lord Latimer as next Heir Male to have been ingaged in a secret design for taking away the Queens Life This Parry had been pardoned formerly by the Queen of a Burglary and Assault for which he was Tryed and Condemned and to requite her enters into a Conspiracy to take away her Life which he being resolved to do and being then beyond Seas comes forthwith for London and the better to get access to the Queen and credit with her resolves to discover how he had been perswaded to kill her which he doth at White-Hall as cunningly as he can The Queen gave him the hearing and began to put some confidence in him He afterwards engageth the said Mr. Nevel in the design who declared himself convinced of the lawfulness and braveness of the Action so they both swear in Parry's Lodgings Secrecy to kill her yet all this while Parry carried it so fair with the Queen that She not only thought him a trusty Loyal Subject but intended him a liberal Pension or Allowance Foulis Hist l. 7. c. 4. f. 141. Whilst he thus gets esteem with the Queen and at the same time contrives her death Nevil resolves to discover all doth so and is examined by Leicester and Sir Christopher Hatton the Queen wonders at the juggle and contrivance but had it kept secreet And the better to find out the Plot Parry is sent for by Secretary Walsingham to his house there to see if he would any way confess this who had shewed himself soreedy on his own head to discover the Foreign de-signs against her Majesty The Secretary entertains him kindly telling him that the Queen had appointed him to deal with him in a Matter that highly concerned her Majesty knowing him to be one who bore an extraordinary devotion to her the Matter was the Queen had been advertized that there was some Plot in hand against her own Person wherewith she thought he could not but be made acquainted considering the great trust that some of her greatest Enemies reposed in him of this she desired to
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
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined tending to the Hurt of Her Majesties Royal Person by any Person or with the Privity of any Person that shall or may pretend Title to the Crown of this Realm That then by Her Majesties Commission under Her Great Seal the Lords and others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or any of Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all Her Highnesses Subjects shall and may lawfully by virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means any such detestable Fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid That the Lords and others Commissioners to try such Traitors in case the Queen should be killed which shall be of Her Majesties Privy Council at the time of such her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be Persons that may make any Title to the Crown those Persons which were Chief Iustices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner of such Her Majesties Death and what Persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that Behalf be needful and convenient but also to use all other Means and things possible and necessary for the maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or stirred in disturbance of the due Execution of this Law by any Person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the Effect and true Meaning of the same That then every Person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto them for assistance as is aforesaid in all things to be done and executed according to the Effect and Intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor of this Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions
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
* 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
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
is the Center and perfection of all things For if they would leave and be ashamed of such new and gross Corruptions of theirs as themselves cannot maintain nor deny to be worthy of Reformation I would for my own part be content to meet them in the mid way so that all Novelties might be renounced on either side For as my Faith is the true Ancient and Apostolick Faith grounded upon the express word of God so will I ever yeild all reverence to Antiquity in the points of Ecclesiastical Policy And by that means shall I ever with Gods Grace keep my self from either being an Heretick in Faith or Shismatick in Matters of Policy But of one thing would I have the Papists of this Land to be admonished that they presume not so much upon my Lenity because I would be loath to be thought a Persecutor as thereupon to think it lawful for them daily to encrease their number and strength in this Kingdom whereby if not in my time at least in the time of my Posterity they may be in hope to erect their Religion again No As they were very lately let them assure themselves that as I am a Friend to their Persons if they be good Subjects so am I a vowed Enemy and do denounce Mortal War to their Errors And as I would be sorry to be driven by their ill Behaviour from the Protection and Conservation of their Bodies and Lives so I will never cease as far as I can Suffering the increase of Popery called by Jam. 1. a betraying England and Scotland to tread down their Errors and wrong Opinions For I could not permit the increase and growing of their Religion without betraying my self and my own Conscience and this whole Island as well the part I am come from as the part I remain in in betraying their Liberties and reducing them to the former slavish Yoke which both had cast off before I came among them as also the Liberty of the Crown in my Posterity which I should leave again under a new Slavery being left free to me by my Predecessors And therefore I would wish all good Subjects that are deceived with this Corruption if they find any beginnings in themselves of Knowledge and Love to the truth to foster the same by all lawful Means and to beware of quenching the Spirit that worketh within them And if they can find as yet no Motion tending that way to be studious to read and confer with Learned men and to use all such means as may further their resolutions assuring them that as long as they are disconformable in Religion to us they cannot be but half my Subjects be able to do but half service and I shall want the best half of them which is their Souls After which the Parliament considering the said Proclamation and Speech and that notwithstanding the Jesuites and Seminary Priests flockt over in great numbers into England made an Act of Parliament intituled 1 Jac. cap. 4. Rast Stat. 2. part f. 550. An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants c. By which it is Enacted THat all Statutes made against Iesuites Priests and Recusants should be put in due Execution but conforming himself should be discharged If the Heir of Papists be a Protestant An Act for puting the Laws against Papists in Execution and for punishing the Heirs of Papists he shall be discharged of all the Penalties Charges and Incumbrances happening upon Him or Her in respect or by reason of any of His or Her Ancestors Recusancy But if the Heir of a Papist shall happen to be within the Age of sixteen Years at the time of the Death of his Ancestor and shall after such Age be or become a Papist such Heir shall not be freed of the Penalty c. Unless He or She Conforms that the two parts of a Papists Lands shall go towards the satisfaction of the twenty pounds per Month forfeiture and after his Death shall remain in the Kings hands until the Arrears be satisfied that none shall send or cause to be sent any Person to any Colledge Seminary or house of Iesuites Priests or any other Papist Popish Order Professing or Calling whatsoever upon the Penalty of a hundred Pound forfeiture they that go or are sent are disabled to inherit purchase take have or enjoy any Estate whatever real or personal and all Estates or Terms conveyed to their Vse or in Trust for them are thereby made void and null That no Woman or Child under the Age of 21 Years shall go beyond Seas without License of the King or of six of the Privy Councel first had under their hands the Officer of the Port that suffers such to pass forfeits his Office and all his Goods and Chattels the Owner of the Ship his Ship and Tackle and the Master and Marriners their Goods and shall suffer twelve Months imprisonment without Bayl or Main prize Keeping School contrary to the Act forty Shillings forfeiture The Gunpowder-Treason in 1604. King James having by his Proclamation before the Parliament met and in his Speech at the opening of the Parliament thus freely declared against the Papists especially the Priests and Jesuites and the Parliament having made the said Law against them and they dispairing of any Tolleration in Matters of Religion which they had Petitioned for now to their old Work of Plotting again and a Plot they laid they did I say It was of that Nature that it is next to incredible that such a Complicated Villany should ever enter into the heart of Man quà Rational much more quà Christian but one would rather think it had been the product of a Consult in Hell amongst the Devils themselves and if degrees of wickedness can be allowed to be there amongst the worst of Devils too The Plot it self Foulis Hist l. 10. cap. 2. f. 507. Wilsons Hist f. 28. Bakers Chron. f. 507. The Actors in it The Plot was this with one blow to destroy King Queen Prince Nobles and Commons who were not Papists this is designed to be effected by blowing up the Parliament House when the King and Parliament were sitting and killing those of them who were not in the House The Persons concerned in this Plot were Robert Catesby the Contriver hereof Henry Garnet John Gerrard Oswald Tesmond and other Jesuites the Advisers thereto Thomas Piercy Robert Winter John Grant Ambrose Rookwood John Wright Francis Tresham Sir Everard Digby Guy Fauks Robert Keys Thomas Bates and others Assistants in carrying it on To carry on this Design when it was laid first an Oath of Secrecy was compiled and afterwards the Conspirators took the same and not only so but Garnet confest them and they afterwards received the Sacraments to bind them to the greater Secrecy the Oath was this You shall swear by the Blessed Trinity and by the Sacrament you now purpose to receive never to disclose directly or indirectly
might be against him that had maintained the War in the Palatinate That he would put the Laws in Execution against the Papists That the c Charles the First Prince might be married to a Protestant That the Children of the Nobility and Gentry beyond Seas might be called home That Papists Children and their Children whose Wives were Papists might be educated by Protestant School-Masters and Teachers That the King would revoak all former Licences for Youth to travel beyond Sea and grant no more after That all former Grants of Papists Lands might be avoided if by Law they could and no such Grants made afterwads The Commons had no small reason to take notice of the State of the Protestant Interest abroad seeing besides the great Wound made in Germany Protestants persecuted abroad Rushw Coll. 1 pt f. 43. and the Cruelties of the prevailing House of Austria the Protestants in France were almost ruined by Lewis the Thirteenth and yet notwithstanding the King understanding they were preparing the above mentioned Remonstrance writ a Letter to Sir Thomas Richardson Speaker of the House of Commons December the 3 d. 1621. Wherein he let him know He heard to his Grief that his Absence being sick had emboldned some fiery and popular Spirits of the House to argue and debate Matters far above their Reach and Capacity The King is angry at the Remonstrance and writes to the Speaker to prevent it Rush Coll. Ibid. tending to his Dishonour and Breach of Prerogative Royal. Therefore commanded him to make known to the House that none should presume to meddle with any thing concerning his Government or deep Matters of State and particularly that they should not deal with his dearest Sons Match with the Daughter of Spain or any other his Friends and Confederates That except they did reform it before it came to his Hands he would not hear nor answer it Another Remonstrance Rush Coll. 1 pt f. 44. And he was as good as his Word as will appear afterwards for upon the Receipt of this Letter the House drew up another Remonstrance with the greatest Submission imaginable wherein they lay the Ground of their former Remonstrance upon the deplorable Estate of his own Children in the Palatinate and the apparent Danger and almost unavoidable Ruine of the Protestants and the Protestant Religion at Home and abroad evidenced by Transactions an Account whereof they had received from his Majesty himself by three Honorable Lords and tackt their former Remonstrance to the latter and so presented them but the former he rejected utterly and gave a long Answer to the latter but granted nothing whereof they complained as may be seen by the Answer it self printed in Wilson f. 178. and Rushworth f. 46. In the said Answer he discovered his great Concern for the Spanish Match and his Backwardness to proceed against Papists however the same is blended by specious Pretences of the Necessity of shewing Favour to the Papists here to procure the gentle Usage of the Protestants abroad VVilson's Hist f. 188. Rushw Coll. 1 pt 53 54 55. The Parliament dissolved He denied in his Answer the Rights and Priviledges of the Commons to be their Birth-right they protest them so to be he tears the Protest out of the Journal Book of the House of Commons and the sixth of January 1621. by Proclamation dissolves the Parliament And whether that were the way to recover the Palatinate or secure the Protestant Religion at home or abroad needs no great Sagacity to determine Papists discharged from Imprisonment VVilson's Hist f. 195. Rushw Coll. 1 pt f. 62 63. In the twentieth Year of this Kings Reign the Prisons were opened Priests and Jesuits walked about at Noon And Gondamore who did what he pleased vaunts of four thousand Papists that his Intercession had released either to make his Service the more acceptable to his Master or to let him see how willing the King was to do any thing to advance that Match which they never intended The King was not so nice but that he could stay for * Car. Bandino Car. Lode visio a Dispensation from Rome To expedite which he wrote to some of the most active Cardinals there and received Answers from them full of alluring Hopes And that he might give some more publick Testimony of his Indulgence to the Papists the mortal Enemies of the Protestants he commanded Doctor Williams Bishop of Lincoln then Lord-Keeper of the Great Seal of England to pass Writs under the Great Seal to require the Judges of every Circuit to enlarge all such Papists as were imprisoned for Recusancy accordingly the Writs were issued forth under the Great Seal and the Lord-Keeper wrote to the Judges on this manner which Letter take Verbatim as printed in Wilson The Lord Keeper Williams his Letter to the Judges in Favour of the Papists VVilson's Hist f. 196. AFter my hearty Commendations to you His Majesty having resolved out of deep Reasons of State and in Expectation of like Correspondence from Foreign Princes to the Professors of our Religion to grant some Grace and Connivance to the imprisoned Papists of this Kingdom hath commanded me to pass some Writs under the Broad Seal to that purpose requiring the Judges of every Circuit to enlarge the said Prisoners according to the Tenor and Effect of the same I am to give you to understand from His Majesty how His Majesties Royal Pleasure is that upon receipt of these Writs you shall make no Niceness or Difficulty to extend that His Princely Favour to all such Papists as you shall find Prisoners in the Goals of your Circuits for any Church Recusancy whatsoever or refusing the Oath of Supremacy or dispersing Popish Books or hearing saying of Mass or any other Point of Recusancy which doth touch or concern Religion only and not Matter of State And so I bid you farewel Your Loving Friend Jo. Lincoln Westminster Coll. 2. Aug. 1622. In order to the Match with Spain the King agreed to such Articles of Religion The Spanish Match the Nature of the Articles Rushw Coll. 1 pt f. 66 67. as were Satisfactory in the Judgment of the learnedest and greatest Clergy of Spain That they declared their Opinion that upon the Offer of such Conditions the Pope ought not to with-hold the Dispensation and the Pope himself was satisfied that he had in a manner done already all that was desired No wonder then that the Papists were quiet here in England and not engaged in Plots and Contrivances against the Kings Person for the Reason is plain the whole Substance of the Spanish Treaty was a Plot for ruining the Palatinate and thereby weakning in order to destroy the Protestant Interest abroad which they effected by feeding the King with the Hopes of that Match and thereby diverting him from taking the Parliaments Advice in order to recover the Palatinate You may read the whole Story in VVilson and Rushworth and when they had
made the Papists were ingaged in a most Horrid Plot against the Protestant Religion and the Parliament having now made this Act whereby the Papists are excluded from all Places of Profit and Trust it is not hard to believe that their Malice was thereby greatly heightned and their Rage very much increased against the Protestants and their Actings put it beyond doubt that it was so For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction and so inhumane were they that notwithstanding the late King Charles the Second's Kindness to them yet unless he would fully comply with them in the butchering his Protestant Subjects extirpating the Protestant Religion which they called a * Coleman's Tryal p. 69. Pestilent Heresie and the introducing of the Romish Superstition and Idolatry he must be taken out of the way to make room for one that would I confess I have met with very many that have owned the Dis-believing of any such Design but when I seriously reflect upon the Letters that were produced against Mr. Coleman and owned by himself to be his when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot that was discovered in 1678. and the Agreement that there is in the Substance of the thing although there may be some Variations as to Circumstances when I consider the Witnesses were Strangers to one another that did so agree in their Testimony and that the Discovery was so sudden and the Witnesses came in so quick one after another after the Discovery that it is not to be presumed there could be any Subornation when I consider the Credit they had with the King himself and with four Parliaments when I consider the great Attempts notwithstanding to take the Odium off the Papists and cast it upon the Protestants when I consider the unwearied Pains taken by the Papists and some that are much worse because they espoused their Cause under a Protestant Vizar to lay the Murther of Sir Edmond-Bury-Godfrey at the Protestants Door and to wipe off the Stain thereof from the Papists when I consider the Methods that were taken in the late King James the Seconds his Reign so exactly pursuant to what was designed in case Charles the Second had fallen as was contrived * Either by Shooting Poison or Stobing the first of which Methods was by granting a general † The Declaration for Liberty of Conscience Designed to be published in case the Popish Plot had then taken effect you may find printed in Coleman's Trial p. 58. Liberty of Conscience and thereby deluding divers Protestants to serve a Popish Interest although against their Wills it is to me matter of Amazement that there should remain the least doubt of the Truth of that Plot in the Minds of any that are really Protestants especially when I consider that there wanted nothing in the late King James's Reign but a Parliament to take off the Penal Laws and Tests to bring that Popish Plot to the highest Perfection that the Papists ever designed and what Endeavors there were to obtain that is sufficiently known To run through the whole Series of that Popish Plot would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its Design can warrant which is the publick Good and therefore as a Confirmation of the Truth of that Plot and to refresh the Memory of those who perhaps are willing to forget it I shall here only insert Coleman's Letters as you will find them printed in his Tryal and also Bedloes Depositions as they were taken before and printed by Sir Francis North then Lord Chief Justice of the Common-Pleas and afterwards made Lord Keeper of the Great Seal of England for the good Services he had done the Crown Coleman's Letters are as followeth Mr. Coleman's First Letter SInce Father St. German has been so kind to me Coleman 's Tryal p. 44. as to recommend me to your Reverence so advantagiously as to encourage you to accept of my Correspondency I will own to him that he has done me a Favour without consulting me greater than I could have been capable of if he had advised with me because I could not then have had the Confidence to have permitted him to ask it on my Behalf And I am so sensible of the Honour you are pleased to do me that though I cannot deserve it yet to shew at least the Sense I have of it I will deal as freely and openly with you this first time as if I had had the Honour of your Acquaintance all my Life And shall make no Apology for so doing but only tell you that I know your Character perfectly well though I am not so happy as to know your Person and that I have an Opportunity of putting this Letter into the Hands of Father St. Germans Nephew for whose Integrity and Prudence he has undertaken without any sort of Hazard In order then Sir to the plainness I profess I will tell you what has formerly passed between your Reverences Predecessor Father Ferryer and my self About three Years ago when the King my Master sent a Troop of Horse Guards into his most Christian Majesties Service under the Command of my Lord Durass he sent with it an Officer called Sir William Throckmorton with whom I had a particular Intimacy and who had then very newly imbraced the Catholic Religion to him did I constantly write and by him address my self to Father Farryer The first thing of great Importance I presumed to offer him not to trouble you with lesser Matters or what passed here before and immediately after the fatal Revolution of the Kings Declaration for Liberty of Conscience to which we owe all our Miseries and Hazards was in July August and September 1673. when I constantly inculcated the great Danger the Catholic Religion and his most Christian Majesties Interest would be in at our next Sessions of Parliament which was then to be in October following at which I plainly foresaw that the King my Master would be forced to something in prejudice to his Alliance with France Which I saw so evidently and particularly that we should make Peace with Holland that I urged all the Arguments I could which to me were Demonstrations to convince your Court of that Mischief and pressed all I could to perswade his most Christian Majesty to use his utmost Endeavor to prevent that Session of our Parliament and proposed Expedients how to do it But was answered so often and so positively that his most Christian Majesty was so well assured by his Embassador here our Embassador there the Lord Arlington and even the King himself that he had no such Apprehensions at all but was fully satisfied to the contrary and looked upon what I offered as a very zealous Mistake that I was forced to give over arguing though not believing as I did
Parsons presently fell to his Jesuitical Courses and so be-laboured both himself and others in matters of State how he might set her Majesties Crown upon another Head as appeareth by a letter of his own to a certain Earl that the Catholics themselves threatned to deliver him into the hands of the Civil Magistrate except he desisted from such kind of practices In these tumultuous and rebellious proceedings by sundry Catholics both in England and Ireland it could not be expected but that the Queen and the State would be greatly incensed with indignation against us We had some of us greatly approved the said Rebellion highly extoll'd the Rebels and pitifully bewailed their Ruin and Over-throw Many of our affections were knit to the Spaniards and for our Obedience to the Pope we all do profess it The attempts both of the Pope and Spaniard failing in England his Holiness as a temporal Prince The Popes Banner displayed in Ireland to depose the Queen displayed his Banner in Ireland This Plot was to deprive Her Highness first from that Kingdom if they could and then by degrees to depose her from this In all these Plots none were more forward then many of us that were Priests The Layity if we had opposed our selves to these designments would out of doubt have been over-ruled by us How many of our Calling were addicted to these Courses the State knew not In which Case the premises discreetly considered there is no King or Prince in the World disgusting the See of Rome and having either force or Metal in him The Queen Vindicated and commended that would have indured us if possible he could have been revenged but rather as we think have utterly rooted us out of his Territories as Traytors and Rebels both to him and his Country And therefore we may rejoyce unfeignedly that God hath blessed this Kingdom with so gracious and merciful a Soveraign who hath not dealt in this sort with us Assuredly if she were a Catholic she might be accounted the Mirrour of the World but as she is both we and all other Catholics her natural Subjects deserve no longer to live then we hereafter shall Honour her from our Hearts obey her in all things so far as possibly we may pray for her Prosperous Reign and long Life and to our Powers defend and Protect both her and our Country against any whatsoever that shall by force of Arms attempt to damnifie either of them for in the said Garboils and very undutiful Proceedings how hath her Highness dealt with us From the time of the said Rebellion and Parliament The Papists themselves confess not above twelve Executed in ten years there were few above twelve that in ten Years had been Executed for their Consciences as we hold altho our Adversaries say for Treason and of those twelve some parhaps can hardly be drawn within our Account having been tainted with matters of Rebellion The most of the said number were Seminary Priests who if they had come over with the like intents that some others have done might very worthily have been used as they were But in our Consciences nay some of us do know it that they were far from those Seditious humours being Men that intended nothing else then simply the good of our Country and the Conversion of Souls Marry to say the Truth as we have Confessed before how could either her Majesty or the State know so much They had great Cause as politic Persons to suspect the worst Besides to the further Honour of Her Majesty we may not Omit that the States of the whole Realm Assembled in Parliament Anno 1576. Were pleased to pass us over and made no Laws at that time against us The Antient Prisoners that had been restrained more narrowly in the Year 1570. were notwithstanding the said Enterprizes in Ireland again restored to their former Liberty to continue with their Friends as they had done before such as were not suspected to have been Dealers or Abettors in the said Treasonable Accounts were used with that humanity which could not well be expected But when the Jesuits were come and that the State had notice of the said Excommunication there was then within a while great alteration for such were the Jesuits proceedings and with so great boldness as tho all had been theirs and that the State should presently have been changed Her Majesty had seen what followed in her Kingdom upon the first Excommunication and was therefore in all worldly Policy to prevent the like by the second The Jealousie also of the State was much increased by Mr. Sherwin's answer upon his Examination The Jesuits indirect answering of plain Questions above Eight Months before the Apprehension of Mr. Campian For being asked whether the Queen was his lawful Soveraign notwithstanding any Sentence of the Popes he prayed that no such Question might be demanded of him and would not further thereunto Answer Two or three other Questions much to the like effect were likewise propounded unto him which he also refused to Answer Matters now sorting on this fashion there was a greater restraint of Catholics then at any time before many both Priests and Gentlemen were sent into the Isle of Ely and other places there to be more safely kept and looked unto The Queen's Proclamation upon the coming over of the Jesuits Seminary Priests This is a Mistake for the Law made by this Parliament was 23. Eliz. Cap. 1. that made it Treason in converter and converted to the Church of Rome and the Law here mentioned is 27. Eliz. Cap. 2. In January following 1581. according to the general Computation a Proclamation was made for the Calling home of Her Majesties Subjects beyond the Seas such especially as were trained up in the Seminaries pretending that they Learned little there but disloyalty and that none after that time should harbour or relieve them with sundry other Points of hard intendment toward us The same Month also a Parliament ensued wherein a Law was made agreeable in effect to the said Proclamation But with a more severe punishment annexed for it was a Penalty of Death for any Jesuit or Seminary Priest to repair into England and for any to receive or entertain them which fell out according to Bishop Watsons former Speeches or prediction what mischiefs the Jesuits would bring upon us We could here as well as some others have done shew our dislike with some bitterness of the said Law and Penalty But to what purpose should we do so It had been a good Point of Wisdom in two of three Persons that have taken that course to have been silent and rather to have thought by gentleness and sweet Carriage of themselves to have prevented the more sharp Execution of that Law then by exclaiming against it when it was too late to have provoked the State to a greater severity against us And to confess something to our disadvantage and to excuse the said Parliament If all
the Seminary Priests then in England or which should after that tim● have come hither had been of Mr. Morton and Mr. Saunders his mind before mentioned when the first Excommunication came out or of Mr. Saunders his second resolution being then in Arms against Her Majesty in Ireland or of Mr. Parsons The Parliament excused Traiterous disposition both to our Queen and Country The said Laws no doubt had carried with them a far greater shew of Justice But that was the Error of the State and yet not altogether for ought they knew improbable those times being so full of many dangerous designments and Jesuitical practices In this Year also divers other things fell out unhappily towards us poor Priests and other the graver sort of Catholics who had all of us single Hearts and disliked no man more all such factious enterprizes For notwithstanding the said Proclamation and Law Heywoods Practices Mr. Heywood a Jesuit came then into England and took so much upon him that Father Parsons fell out exceedingly with him and a great trouble grew amongst Catholics by their Brablings and Quarrels A Synod was held by him the said Mr. Heywood and sundry Ancient Customs were therein Abrogated to the offence of very many Campian answered as Sherwin did These Courses being understood after a sort by the State the Catholics and Priests in Norfolk felt the smart of it This Summer also in July Mr. Campian and other Priests were apprehended whose Answers upon their Examinations agreeing in effect with Mr. Sherwins before mentioned did greatly incense the State for amongst other Questions that were propounded unto them this being one viz. if the Pope do by his Bull or Sentence pronounce Her Majesty to be deprived and no Lawful Queen The Question propounded to Campian and others and her Subjects to be discharged of their Allegiance and Obedience unto Her and after the Pope or any other by his Appointment and Authority do Invade this Realm which part would you take or which part ought a good Subject of England to take some Answered that when the Case should happen they would then take Councel what were best for them to do Another that when that Case should happen he would Answer and not before Another that for the present he was not resolved what to do in such a Case Another that when the Case happeneth then he will Answer Another that if such deprivation and Invasion should be made for any Matter of his Faith he thinketh he were then bound to take part with the Pope Now what King in the World being in doubt to be invaded by his Enemies and fearing that some of his own Subjects were by indirect means drawn rather to adhere to them then to himself would not make the best Tryal of them he could for his better satisfaction whom he might trust to In which Tryal if he found any that either should make doubtful Answers or peremptorily affirm that as the Case stood betwixt him and his Enemies they would leave him their Prince and take part with them might he not justly repute them for Traitors and deal with them accordingly sure we are that no King or Prince in Christendom would like or tolerate any such Subjects within their Dominions if possibly they could be rid of them Thus much the secular Priests themselves Confess and certainly then 't is not to be denied but they own all the Treasons and Villanies that the Protestants charge upon the Papists only they would fain excuse themselves and the grave sort of Catholicks from having any hand in them And at the same time they justifie the State in their procedure against them because they have a Colour of reason to believe them all alike and know not but they are so But may the Papists say tho the States might have reason to make it a Capital offence to reconcile any of the Subjects of England to the See of Rome yet it seems hard to make a Man a Traitor for staying in or if a Man be out returning to his Native Countrey which 27 th Eliz. cap. 2. doth which Objections will be sufficiciently answered by the following Account of their Practices in the Queens Dominions from the twenty third year of her Reign to the twenty seventh The Papists had Writ so much against the Queen and other Excommunicate Princes that divers who had the Popes power in Esteem were perfectly drawn from their obedience and amongst others in the Year 1583 one Somervil Somervils Conspiracy Camb. Annals f. 289. Foulis Hist l. 7. cap. 4. f. 338. Bakers Chron. f. 361. who went to the Queens Court and breathing nothing but Blood against the Protestants furiously set upon one or two by the way with his drawn Sword and being apprehended Confessed that he designed to have killed the Queen with his own hands One Edward Arden Somervil's Wives Father his own Wife Somervil's Wife and one Hall a Priest were Arraigned and Condemned for this Conspiracy Somervil was three days after found strangled in Prison Arden was hanged and Quartered But so merciful was the Queen that she spared the Women and the Priest This unfortunate Gentleman Somervil was drawn into all this by the cunning of a Priest and cast by his Evidence saith Mr. Cambden In the Year 1584. Francis Throgmorton eldest Son of John Throgmorton a Justice of Peace in Cheshire Francis Throgmorton's Conspiracy Camb. Annals f. 294.298 Bakers Chron. f. 362. was Clapt up for being in a Conspiracy to bring in an Army of Foreigners and Deposing the Queen And no sooner was he Committed to Custody and had Confessed some things But Thomas Lord Paget and Charles Arundel a Courtier who joyned with him in the Conspiracy privily fled the Land and withdrew themselves into France And Mendoza the Spanish Ambassador who was likewise engaged in the same Design being greatly reprehended for it secretly Crost the Seas into France Throgmorton Confessed the Fact and afterwards denied it and after that cast himself upon the Queen's Mercy and in writing Confessed the same again at large But at the Gallows pretended to deny it again he being executed and the others fled that Conspiracy came to nothing Soon after this there was a further Discovery of the design of the Pope the Spaniard Camb. Annals f. 299. Foulis Hist l. 7. cap. 5. f. 345. The Earl of Arundel and Northumberland were ingaged Camb. Annals f. 310 311. there you will see the design was for delivering the Queen of Scots for the Conquering of England and the destruction of the Protestant Religion and the Guises for invading England which was Discovered in this manner One Chreighton a Scotch-man of the Society of Jesus passing into Scotland and being taken by some Netherland Pirates tore certain Papers in pieces the torn pieces being thrown over board were by the Wind blown back again and fell by chance into the Ship not without a Miracle as Chreighton himself said and Sir Willam