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 is repealed 1 Eâ—iz ca. 2 Rast Stat.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 â—ean trying the Bishops for being guilty of a Misdemeanor iâ— 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 annâ—â—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 Offâ—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 Faâ—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
and Attempts against Her Majesties most Royal Person now for the explaining of all such Ambiguities and Questions which otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the Words or Meaning thereof Be it declared and enacted by the Authority of this present Parliament The Association approved and confirmed that the said Association and every Article and Sentence therein contained as well concerning the disallowing extending or disabling of any Persons that may or shall pretend any Title to come to the Crown of this Realm and also for the pursuing and taking Revenge of any Person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true Intent and Meaning of this Act not otherwise nor against any other Person or Persons The latter of the said two Acts of Parliament is intituled An Act against Jesuits Seminary Priests and such other like disobedient Persons The Preamble runs thus 27 Eliz. cap. 2. Rast Stat. 2. part f. 285. Treason for Priests and Jesuits to come into England Harbouring them Felony c. WHereas divers Persons called or professed Iesuits Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years come in and been sent and dayly do come and are sent into this Realm of England and other the Queens Majesties Dominions on purpose as it hath appeared as well by sundry of their own Examinations and Confessions as by divers other manifest Means and Proofs not only to withdraw Her Highnesses Subjects from their due Obedience to Her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same Her Highnesses Realms and Dominions to the great indangering of the Safety of her most Royal Person and to the utter Ruine Desolation and Overthrow of the whole Realm if the same be not the sooner by some good Means foreseen and prevented For reformation whereof it is enacted That all Iesuits Seminary Priests and other Priests whatsoever Ordained within or without the Queens Dominions by virtue of the Popes Authority should depart within forty Days That those who should afterwards return into the Kingdom should be guilty of High-Treason That he who should wittingly and willingly Harbour Relieve and Maintain them should be guilty of Felony that those who were brought up in Seminaries if they returned not within six Months after Notice given and submitted not themselves to the Queen before a Bishop or two Iustices should be guilty of High Treason and if any so submitting themselves should within ten years approach the Quéens Court or come within ten Miles thereof their Submission should be void That those who should by any Means whatsoever send or convey over any Money to Students in such Seminaries should incur the Penalty of a Premunire That if any of the Peers of the Realm that is Dukes Marquisses Earls Viscounts or Barons of Parliament should offend against these Laws he should be brought to his Tryal by his Peers That if any should know of any such Iesuits or other Priests above said lurking within the Realm and should not discover them within twelve Days he should be Fined and Imprisoned at the Queens Pleasure That if any Man should be suspected to be a Iesuit or Priest as aforesaid and not submit himself to Examination he should for his Contempt be imprisoned till he did submit himself That he who should send his Children or any others to Seminaries and Colledges of the Popish Profession should be fined in an hundred Pounds of English Money and that those who were so sent thither should not succeed as Heirs nor enjoy any Estates which should any way fall to them the like for all such as should not return home from the said Seminaries within a year unless they did conform themselves to the Church of England That if the Wardens or Officers of the Ports should permit any others besides Sea-men and Merchants to cross the Seas without Licence of the Quéen or six Privy Councellors they should be put out of their Places and the Masters of such Ships as carried them should forfeit their Ships and Goods and suffer Imprisonment for a whole Year Reflections upon the foregoing Plots Treasons and Acts of Parliament occasioned by them From which said Plots Conspiracies and Treasons and the said Acts of Parliament occasioned by the same I observe these things amongst many others observable 1. That there are no Villanies that can be imagined so bad but the Romish Clergy even the Pope himself will tell you is lawful to be Committed to carry on the interest of that Religion and instruments enough are to be found amongst Men of that Communion to undertake the Committing thereof one instance whereof we have in this Parry who did not only think it lawful but undertook it to murder his own Lawful Soveraign and had Authority so to do from the Pope himself and that he might sit in the House of Commons must needs be Guilty of a Wilful Perjury for by 13. Eliz. cap. 2. none could sit in that House but he who first had taken the Oath of Supremacy and that he did sit there is plain from the History and tho it doth not appear that he had a Dispensation for it yet 't is not to be doubted but that he was sure of a Pardon in case he had not a Dispensation 2. That the Protestants in those days thought it not only lawful but their Duty to Associate for the preservation of their Prince and of their Religion and having so done they were so far from being blamed by the Parliament that the Parliament did esteem it not only as a Lawful but a Commendable Act and added their Sanction to confirm what before they judged Lawful 3. That the Parliament in the 27 th Year of Queen Elizabeths Reign were so far from questioning their own power of determining and limiting the Crown and the Succession thereof that they did not only think it in their Power but reduced it into Act too to make the Successor Guilty of High Treason that should imbrue His or Her hands in the Blood of the Predecessor and hereby altered the Law 1. H. 7.4 Fitz. Abr. tit Parl. 3. Bro. Abr. tit Parl. 37. Plowd 238. b. that the Accession to the Crown purges the Treason because all Persons named in Acts of Parliament even the King himself are bound by such Acts of Parliament wherein they are named they being no ways alterable but by the same power not Persons that made them 4. That the severity of the Laws hitherto made did not actually deter the Papists from Plotting and Conspiring the Death of the Queen and the subverting the Protestant Religion Nor was it likely to
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 â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—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 giâ—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
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
the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and
Bail or Mainprize and for the second offence twenty pounds and for want of payment should suffer six months Imprisonment without Bail or Mainprise and for the third offence should forfeit all his Goods and Chattels and suffer Imprisonment during his life time From which Act it is evident that all the mild Methods were taken that could be thought on to win over the Papists to the Reformed Religion for the Penalties incurred were not only suspended but the offender pardoned after they had been so long winkt at and the Penalties upon which Conformity was injoyned must be by all considering men adjudged reasonable to be inflicted upon those that remained obstinate after such kind usage and the rather for that it is apparent they made it their business to compel persons to go to Mass One thing I can't let pass without a remark That in this as well as the Statute of the 1 st of Edward the 6 th the tryal of the offence is to be according to the Antient Laws of the Land by a Jury and that till then they could incur none of the Penalties so careful were the Reformers for the Liberties even of Papists Hist Ref. pt 2. p. 115 116 117 118. Bâ—ker 's Ch on p. 303 304. But notwithstanding all this favour shewn to the Papists in one year they broke out into open Rebellion in four Counties in England viz. in Oxfordshire Devonshire Norfolk and Yorkshire So restless and unquiet are the Popish party and such implacable Enemies to the Protestants that if they be in power nothing but destroying them by Law will serve and if not then Plots Conspiracies and open Rebellions are their Methods Hist Ref. pt 2. p. 140. 3 4 E. 6. ca. 5. Rast Stat. f. 989. 34 E. 6. ca. 10. Images taken away Keeble's Stat. f. 676. Rast Stat. f. 994. these four Insurrections gave just occasion to make that severe Law against unlawful Assemblies and rising of the Subjects that if any to the number of twelve should meet together unlawfully for any matter of State and being required by any lawful Magistrate should not disperse themselves it should be Treason The next Act of Parliament that I shall take notice of and indeed but just touch it is the 3 d. and 4 th of Edward the 6 th ca. 10. Whereby divers Romish Books and Images were abolished and put away and that without any punishment of the Papists that used them but only a Penalty on the Officers and Ministers of Justice who did not put the said Law in Execution Thus things stood till the 6 th of Edward the 6 th and then an Act was made for the confirmation of the Liturgy which takes notice in the Preamble 5 6 E. 6. ca. 1. Keehâ—e 's Stat. f. 676. Rast Stat. f. 1009. The Liturgy confirmed That a great number of people in divers parts of the Realm following their own sensuality and living either without knowledge or due fear of God did wilfully and danmably before Almighty God abstain and refuse to come to their Parish Churches and other places where Common-Prayer Administration of the Sacraments and Preaching of the Word of God was used upon Sundaies and other daies ordained to be holy daies and doth thereby Enact that uniformity of Prayer and Administration of Sacraments shall be used in the Church requires Conformity thereunto and leaves them who come not to Church to be punished by the censures of the Church And Enacts March. Ref. 93. That all persons that are present at any other Common-Prayer or Sacraments for the first offence shall suffer six months Imprisonment without Bail or Mainprise for the second offence a years Imprisonment and for the third Imprisonment during life But none to have this inflicted but they who are legally convicted according to the Laws of the Land which cannot be esteemed severe seeing they were occasioned by the Treasons and Rebellions of them upon whom they were inflicted CHAP. VI. Q. Mary HAving shewn how kind and merciful King Edward the 6 th was to the Papists all his Reign notwithstanding their severe usage of the Protestants in his Predecessours Reigns Queen Mary her accession to the Crown and how she used the Protestants before she had a Parliament 35 H. 8. ca. 1. Rast Stat. f. 835. Hist Ref. 2. pt li. 2. p. 235. and their Treasons and Rebellions against himself and the then Established Government I shall now give an Account what usage the Protestants had in the Reign of his Successour Queen Mary Upon the Death of King Edward the Crown devolved upon Queen Mary according to the settlement of it by 35 H. 8. but she being a Papist and King Ed. the 6 th having by his Letters Patents limited the Crown to the Lady Jane Daughter of Frances Dutchess of Suffolk who was a Protestant the Council Proclaimed the Lady Jane Queen which Proclamation sets forth that the late King had settled the Crown as aforesaid and declared that it should not descend to his two Sisters since they were both Illegitimate in the Spiritual Courts and by Acts of Parliament and were only his Sisters by the half blood who tho' it were granted they had been Legitimate are not Inheritable by the Law of England it was added that there was also great cause to fear that the King's Sisters might marry Strangers and so change the Laws of the Kingdom and subject it to the Tyranny of the Bishops of Rome and other Foreign Laws for these Reasons they were excluded from the Succession and the said Lady Jane was Proclaimed Queen as aforesaid she promising to be most Benign and Gracious to all her people to maintain God's Holy Word and the Lavvs of the Land requiring all the Subjects to obey and acknowledge her And now all had been well and the Reformed Religion was in a likely way to flourish could the Protestants have been all of a mind and the common sort of People been as well satisfied as the Council great part of the Nobility and all the Judges but one were in what was done But oh the Calamities that divisions bring upon a Kingdom Suffolk and No folk 's mens kindness to Queen Mary Hist Reform part 2. p. 233.237 Baker 's Chro. p. 312. The Earl of Arundel having given Queen Mary notice of the Death of her Brother and the design of setting up the Lady Jane she retires to Framlingham Castle in the County of Suffolk whither many from Norfolk and a great body of Suffolk men gathered about her who were notwithstanding all for the Reformation they before they would assist her desired to know of her whether she would alter the Religion set up in King Edward's days to whom she gave full assurances that she would never make any Innovation or Change but be contented with the Private Exercise of her own Religion upon this they were all possest with such a belief of her sincerity that it made them resolve to hazard their Lives and
from the good understanding of their Duty towards God the Queen had by their Lewd and subtle Practices and Perswasions so far wrought that sundry persons had been reconciled to the said usurpt Authority of the See of Rome and did take Absolution at the hands of the said naughty and subtle Practicers whereby there was grown great disobedience and boldness in many not only to withdraw and absent themselves from all Divine Service but also did think themselves discharged from all Obedience Duty and Allegiance to her Majesty that thereupon most wicked and unnatural Rebellion had ensued and to the further danger of this Realm was likely to be renewed if the ungodly attempts in that behalf were not by severity of Laws restrained and bridled This Law therefore provides that they who by Bulls or other Instruments of the Bishop of Rome should reconcile any person to the Church of Rome and those also who should be so reconciled should incur the Penalty of High Treason That those who should relieve such as did so reconcile Men or should bring into England any Agnus Dei's or any Crosses Pictures Beads or such like vain and superstitious Things Consecrated by the Bishop of Rome should undergo the Penalty of a Premunire That they who should not discover such as did so reconcile should be guilty of Misprision of Treason From the precedent History of Fact and the Preamble of these two Acts of Parliament and the Acts themselves I observe three things 1 st That the Kingdom of England is in it self a Free State exempt from all Foreign Jurisdiction whatever by the Common Law of this Kingdom 2 dly That there had been deep Designs on foot before the making of these Acts of Parliament for the inslaving this Kingdom to the Bishop and See of Rome subverting the Protestant Religion and introducing Popery and in order thereunto there were several Plots laid to destroy the person of the Queen 3 dly That these were all laid and carried on by the Pope and some Papists that were the Queens own Subjects and others their adherents and therefore certainly it must be granted that it was very necessary at that time to make these Laws against the Papists And that it was but reasonable to make them The Secular Priests own the Reasonableness of making these Laws Collection of several Treatises concerning the reasons and occasions of the Penal-Laws The 1st printed in 1583. the second in 1601. the third in 1662. and all reprinted in 1688. fol. 36. even the Secular Priests themselves have owned in their important Considerations They confess that Pius V. did practise her Majesties subversion that Ridolpho was sent hither by the Pope under Colour of Merchandize to sollicit a Rebellion That Pius V. moved the King of Spain to Joyn in this exploit That the Bull was devised purposely to further the intended Rebellion for depriving her Majesty from her Kingdom That the Pope and King of Spain assigned the Duke of Norfolk to be head of this Rebellion That the Pope gave order to Ridolpho to take 150000 Crowns to set forwards this Attempt That some of this money was sent to Scotland and some delivered to the Duke That King Philip at the Pope's Instance determined to send the Duke of Alva into England with all his forces out of the Low-Countries to assist the Duke of Norfolk which they confess in this manner That these things their Adversaries the Protestants Charged on them as true and that they were in hand whilst her Majesty dealt so mercifully with them and therefore ask'd them how they could excuse these designs so Unchristian so unpriestly so Treacherous and so unprince-like To which they answer that when they first heard the aforementioned particulars they did not believe them but would have laid their Lives they had been false but when they saw them printed in the Life of Pius V they appeal to God they were amazed Collection f. 37 and say they can say no more but that his Holiness was misinformed and indirectly drawn to these courses They confess that there being several persons in Prison when the Rebellion in the North before mentioned brake forth that it was known that the Pope had Excommunicated the Queen that there followed a great restraint of the Prisoners but none of them were put to death upon that occasion the Sword being then only drawn against such Catholicks as had risen up actually into open Rebellion wherein say they we cannot see what her Majesty did that any Prince in Christendom in such a case would not have done and confess these things to have been the occasion of making 13 Eliz. ca. 2. against bringing in Buls c. thus they express themselves Collection f. 38. we cannot but confess as reasonable men that the State had great Reasons to make some Laws against us except they should have shown themselves careless for the continuance of it but be the Law as any would have it never so extream yet surely it must be granted that the occasions of it were most outragious and likewise that the Execution of it was not so Tragical as many have since written and reported of it for whatsoever was done against us either upon the pretence of that Law or of any other would never we think have been attempted had not divers other preposterous occasions besides the Causes of that Law daily fallen out amongst us which procured matters to be urged more severely against us And afterwards they accuse Saunders the Jesuit for writing a Book in 1572 de visibili Monarchia and therein justifying the Excommunicating the Queen and the said Rebellion in the North and do themselves own that the persons that suffered upon that account were Arraigned Condemned and Executed by the Antient Laws of the Country for High Treason As to the Acts themselves It is not to be denyed but they are very severe yet not severe enough to deter the Papists from carrying on their designs against the Queen and the Protestant Religion as I shall by and by make appear but before I do that let us a little enquire Story 's Plot. Cambd. Hist li 2. fol 168. Dyer 13 Eliz. fol. 298. Baker 's Chron. fol. 343. The Duke of Norfolk executed what proceedings there were upon these Laws after they were thus made In the year 1571 't is true one John Story Doctor in Laws one of the Duke of Alva's Servants an Englishman and a Papist was Executed but it was for High Treason not Religion for having conspired the Queen's Death cursed her daily in his Grace at Meals and shewing the Duke of Alva's Secretary the way to Invade England to put Ireland into Rebellion and to excite the Scots to break into England all at once The Duke of Norfolk was also Tryed Convicted and Executed and after his Condemnation and before his Execution one Barney and Mather were Executed for conspiring with one Herle to make away some of the Council and
reconciling Men at Confession to absolve every one particularly from all his Oaths of Allegiance and Obedience to the Queen just as the said Bull did absolve them all at once and in general And this seemed the easier to be effected because they promised withal absolution from all Mortal sins and the safer because it was pronounced more closely and under the Seal of Confession On the 16th day of January 1580. The Parliament Sir Simon D' Ewes his Journal of the House of Commons p. 266. being the time to which the same had been Prorogued and the 25th day of January Sr. Walter Mildmay made an excellent Speech a great part of which because it will give a confirmation to what hath been before said and evince the reasonableness of the Law that was made in that Session of Parliament against the Papists I have here inserted as it is in Sir Simon D. Ewes his Journal published by Paul Bowes Esquire The Principle Cause of our Assembly here Sir Walter Mildmay 's Speech Sir Simon D' Ewes f. 284. being to consult of Matters that do concern the Realm I have thought good with your Patience to remember you of such things as for the weight and necessity of them I take to be worthy of your consideration wherein I mean to note unto you what I have conceived first of the present state we be in next of the Dangers we may justly be in doubt of And lastly what provision ought to be made in time to prevent or resist them these shewed as briefly as the Matter will suffer I leave to your Judgment to proceed further as you shall find it Expedient That our most Gracious Queen did at her first Entry loosen us from the Yoke of Rome and did Restore unto this Realm the most pure and holy Religion of the Gospel which for a time was overshaddowed with Popery is known of all the World and felt of us to our singular Comfort But from hence as from the Root hath sprung that implacable Malice of the Pope and his Confederates against her whereby they have and do not seek only to trouble but if they could to bring the Realm again into a Thraldom the rather for that they hold this as a firm and setled opinion that England is the only setled Monarchy that most doth maintain and countenance Religion being the chief Sanctuary for the afflicted Members of the Church that fly thither from the Tyranny of Rome as Men being in danger of Shipwrack do from a raging and tempestuous Sea to a calm and quiet Haven This being so what hath not the Pope assayed to annoy the Queen and her State thereby as he thinketh to remove this great obstacle that standeth between him and the overflowing of the World again Popery for the proof whereof these may suffice The Northern Rebellion stir'd up by the Pope and the Quarrel for Popery Note These things were spoke soon after they happened whilst they were fresh in memory The Maintenance sithence of those Rebels and other Fugitives The Publishing of a most Impudent Blasphemous and Malicious Bull against our most rightful Queen The Invasion into Ireland by James Fitz Morris with the obstinacy of some English Rebels The raising of a dangerous Rebellion in Ireland by the Earl of Desmond and others intending thereby to make a general Revolt of all the whole Realm The late Invasion of Strangers into Ireland and their fortifying it The Pope turned thus the Venom of his Curses the Pens of his malitious Parasites into Men of War and Weapons to win that by force which otherwise he could not do And though all these are said to be done by the Pope and in his Name yet who seeth not that they be maintained under hand by some Princes his Confederates And if any Man be in doubt of that let him but note from whence the last Invasion into Ireland came of what Country the Ships and of what Nation the most part of the Souldiers were and by direction of whose Ministers they received their Victuals and Furniture For the Pope of himself at this present is far unable to make War upon any Prince of that Estate which Her Majesty is of having lost as you know many years by the Preaching of the Gospel those infinite Revenues which he was wont to have out of England Scotland Germany Switzerland Denmark and others and now out of France and the Low Countries so as we are to think that his Name only is used and all or the most part of the Charge born by others The Queen nevertheless by the Almighty Power of God standeth fast maugre the Pope and all his Friends having hitherto resisted all Attempts against her to her great Honour and their Shame as the Rebellion in the North suppressed without Effusion of Blood wherein her Majesty may say as Caesar did Veni Vidi Vici as expedite and as honourable was the Victory that God did give her by the Diligence and Valour of those Noble Men that had the conducting thereof The enterprize of James Fitz Morris defeated and himself slain The Italians pulled out by the Ears at Smirwick in Ireland and cut in pieces by the notable Service of a Noble Captain and valiant Souldiers Neither these nor any other Threatnings or Fears of Danger hath or doth make her to stagger or relent in the Cause of Religion but like a constant Christian Princess she still holdeth fast the Profession of the Gospel that hath so long upholden her and made us to live in Peace twenty two years and more under her most gracious Government free from those Troubles that our Neighbours have felt so as this now seemeth to be our present State a Blessed Peaceable and happy Time for the which we are most bound to God and to pray unto him for the continuance thereof But yet notwithstanding seeing our Enemies sleep not it behoveth us not to be careless as tho all were past but rather to think that there is but a piece of the Storm over and that the greater part of the Tempest remaineth behind and is like to fall upon us by the Malice of the Pope the most capital Enemy of the Queen and of this State the Determinations of the Councils of Trent and the Combinations of the Pope with other Monarchies and Princes devoted unto Rome assuring our selves That if their Powers be answerable to their Wills this Realm shall find at their Hands all the Miseries and Extremities that they can bring upon it And though by the late good Success which God hath given in Ireland these leud and malicious Enterprises seem for a time to be as it were at a stand yet let us be assured that neither their Attempts upon Ireland neither the Mischief intended against England will cease thus but if they find us negligent they will be ready with greater Forces then have been yet seen The certain Determination which the Pope and his combined Friends have to root
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 timâ— 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
be effected so long as the Jesuits Seminary Priests and other Priests were tollerated here for it hath been observed by some with a great deal of Truth that there was never yet a Plot against the Government but the Popish Priests had their share in it It was therefore thought necessary to follow the example of Swedeland the State of Venice and other Countries who have banisht the Jesuits and wisely to carry it a little further and banish Priests too they being such Disturbers of the State which was accordingly done by 27. Eliz. cap. 2. But least the Papists should again object against the Authorities I cite for the History of the Fact I shall here insert the very Words of their Secular Priests in their important Considerations whereby the truth of the Fact is Confest the Words are these About the time of the overthrow of the Popes Forces in Ireland The Secular Priests confess the truth of all the foregoing Account Collect. f. 44. The Popes Plot with King of Spain and Duke of Guise Mendoza his Holiness by the false instigation of the Jesuits plotted with the King of Spain for the assistance of the Duke of Guise to enterprize upon the sudden a very desperate design against Her Majesty and for the Delivery and advancement to the Crown of the Queen of Scotland For the better asserting whereof Mendoza the Jesuit and Ledger for the King of Spain in England set on work a worthy Gentleman otherwise one Mr. Francis Throckmorton and divers others And whilst the same was Contriving as afterwards Mr. Throckmorton himself Confessed 1584 the Jesuitical humour had so possessed the hearts of sundry Catholics as we do unfeignedly rue in our hearts the remembrance of it and are greatly ashamed that any Person so intitl'd should ever have been so extreamly bewitched Two Gentlemen about that time also viz. Anno 1583. Mr. Arden and Mr. Somervil were convicted by the Laws of the Realm Throgmortons Confession you have Printed Camb. Annal l. 3. f. 297. Arden and Somervil Dr. Parry Earl of Northumberland for having purposed and contrived how they might have laid violent hands upon Her Majesties sacred Person Mr. Somervils Confession therein was so notorious as it may not be either quallified or denied And Dr. Parry the same Year was plotting with Jesuits how he might have effected the like Villany How the worthy Earl of Northumberland was about this time brought into the said Plot by the Duke of Guise then still in hand we will pretermit Mr. Parsons that was Actor in it could tell the Story very roundly at Rome it wrought the Earls overthrow in 1585 which may justly be ascribed to the Jesuitical Practices of the Jesuite Mendoza and others of that Crew They mentioned several other Treasons which I shall not here take Notice of but reserve them till I come to give the further Account of their Treasons and only set down the Conclusion of this Paragraph These things say they we would not have touched had they not been known in effect to this part of the World and that we thought it our Duties to shew our own dislike of them and to clear Her Majesty so far as we may from such imputations of more then barbarous Cruelty towards us as the Jesuits in their Writings have cast by Heaps upon her They themselves as we still think in our Consciences and before God having been from time to time the very Causes of all the Calamities which any of us have endured in England since Her Majesties Reign which we do not write simply to excuse Her Highness altho we must Confess we can be contented to indure much rather then to seek her Dishonour but for that we think few Princes living being perswaded in Religion as Her Majesty is and so provoked as she hath been would have dealt more mildly with such their Subjects all Circumstances considered then she hath done with us Let us now see what reason can be given for making the rest of the Penal Laws that were made against the Papists in this Queens Reign The Earl of Arund tryed and fined only Camb. Annals f. 330. He was in 1589. tryed for high Treason and Condemned but the Queen spared him Camb. Annals f. 424.429 The first thing I meet with remarkable after the making these Laws forementioned is the fining the Earl of Arundel 5000 pounds in 586. for holding Correspondence with Allen and Parsons the Jesuit the Queens Enemies for that publickly in writing he had questioned the Justice of the Kingdom and that he had intentions of departing the Realm without License The Earl protesting his obedience to the Queen and his Love to his Countrey modestly excused himself by his Love to the Catholic Religion and his ignorance of the Law Confessed his fault and submitted In the * Gifford Savage Ballard and others Plot to kill the Q. Camb. Annals f. 336. Foulis Hist l. 7. cap. 5. sec 1. f. 343. Bakers Chron. f. 367. same year a very dangerous Conspiracy was discovered against Queen Elizabeth in the English Seminary at Rheimes there were some who were so bigotted to the Popish Religion that they thought the Pope could by his Authority do any thing and that the aforementioned Bull of Pius Quintus for deposing the Queen was dictated by the Holy Ghost and thought it a Meritorious Act to take away her Life and doubted not of a Canonisation as Martyrs if they fell in the Attempt William Gifford Doctor in Divinity Gilbert Gifford and one Hodgson Priests did so infuse this treasonable Doctrine into the mind of one John Savage a Bastard as was reported that he readily Vowed to kill the Queen One Ballard an English Priest at Rheimes bestirs himself in England and Scotland for carrying on the Design and for that purpose prepares Disciples then goeth into France and treats with Mendoza before named Charles Paget and others about invading of England judging they could never have a fairer opportunity then at that Juncture of time forasmuch as the Pope the Spaniard the Duke of Guise and the Prince of Parma were all resolved to set upon England thereby to divert the War from the Netherlands Having delivered the Message there he returns for England to promote the design here gets to London where in a Souldiers habit under the false Name of Captain Fescue he agitates the Plot. Babington and divers other Gentlemen engaged in this design of taking off the Queen At London he discovered this Affair to one Mr. Anthony Babington of Dethick in Derbyshire a young Gentleman greatly addicted to the Romish Religion and who had in France Commenced an Acquaintance with the Bishop of Glascow the Queen of Scots Ambassador and one Thomas Morgan an English Fugitive and a busie Agent for her Babington at first was of opinion that as long as the Queen lived an Invasion would signifie little or nothing but when he understood that Savage had undertaken to remove that
other offences whatsoever abovesaid In the Act abovesaid as afore is said mentioned and all circumstances of the same and of every of them and thereupon according to the Tenour of the Act aforesaid to give Sentence or Judgment as upon good proof the Matter shall appear unto you And therefore we command you that you do at such certain days and places which you or the greater part of you shall for that purpose set and agree upon diligently proceed upon the premises in form aforesaid c. Mary Queen of Scots Tryed Camb. Annals f. 361. The Commissioners met at Fotheringay Castle the 11 th of October 1586. and Tryed Mary Queen of Scots the substance of the Tryal you may see in Cambdens Annals from Pag. 344 to 361. as he took the same out of the Commentaries and Memorials of Edward Barker principlal Register to the Queen Thomas Wheeler publick Notary Register of the Audience of Canturbury and other persons of Credit which were there present On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster to which place they had adjourned except the Earls of Shrewsbury and Warwick which were both of them sick at that time Sentence was pronounced which Sentence was this The Sentence By their unanimous assents and consents they do pronounce and deliver this their Sentence and Judgment at the day and place last above mentioned and say that since the conclusion of the aforesaid Session of Parliament in the Commission aforesaid specified namely since the first day of June in the 27 th Year aforesaid and before the date of the said Commission divers Marters have been compassed and imagined within this Realm of England by Anthony Babington and others with the Privity of the said Mary pretending a Title to the Crown of this Realm of England tending to the hurt death and destruction of the Royal Person of our said Lady the Queen And also that since the aforesaid first day of June in the 27 th Year aforesaid and before the date of the Commission aforesaid the aforesaid Mary pretending a Title to the Crown of this Realm of England hath compassed and imagined within this Realm of England divers Matters tending to the hurt death and destruction of the Royal Person of our Soveraign Lady the Queen contrary to the form of the Statute in the Commission aforesaid specified The Parliament 29. Eliz. Cap. 1. Rast Stat. 2. Part. f. 334. The twenty ninth of October following the Parliament met and the first Act they made was an Act for the confirmation of the Proscription of Thomas late Lord Paget Charles Paget Francis Englefeild Francis Throckmorton William Shelley Anthony Babington Thomas Salisbury Edward Jones Edward Abbington Charles Tilney Chidiock Tichbourn Robert Barnwell John Charnock and John Travers The Preamble of which Act of Parliament strengthening the Credit of the former History I have here incerted An Act of Parliament for proscribing Babington and the Rest In most humble wise beseecheth your Royal Majesty the Lords Spiritual and Temporal and all other your most Loving and Obedient Subjects the Commons of this your most High Court of Parliament Assembled That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of â—â—ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes have most falsely and Treacherously committed perpetrated and done many unnatural detestable and abominable Treasons to the most fearful peril and danger of the destruction of your most Royal Person and to the utter loss disherison and destruction of this your Highnesses Realm of England if God of his infinite goodness had not in due time revealed and given knowledge to your Highness of their Trayterous intent of and for the which said Treasons being manifestly and plainly proved the said Traytors and Offenders before named have been lawfully indicted and some of them have been and are lawfully and by due process Out-Lawed and thereby justly attainted and some other by Tryal of the Country and their own confessions and judgment thereupon given lawfully and justly convicted and attainted according to the Laws of this your Realm as by the Records of their several attainders more plainly it doth and may appear and for the which several Offences some of the same Offenders have suffered pains of Death according to their demerits And then the Parliament Confirms their attainder and confiscates their Lands and Tenements Goods and Chattels The next thing this Parliament did was by their Votes to approve The Tryal and Condemnation of Mary Queen of Scots approved and Her Execution desired by the Parliament and their Reasons for it D' Ewes Journal 392 393 395 400 401 405 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots and desired it might be published the Reasons whereof were delivered in divers Speeches made in the House of Commons upon this occasion and which are to be seen in Sir Simon D' Ewes his Journal at large They were drawn from the dangers that threatned Religion the Queens Person and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Religion and sworn a confederate in the Holy League for the extirpation of the Protestant Religion had now for a long time Arrogated unto her self the Title of Queen of England while the Queen lived whom as being excommunicate she held it lawful to do mischief to as far as lay in her Power and to take away her life a thing meritorious One who had over-thrown and ruined sundry flourishing Families in the Kingdom and cherished all the Treasonable designs and Rebellions in England to spare her therefore were nothing else but to spoil the People who would take impunity in this Case much to heart and would not think themselves discharged of their Oath of Association unless she were punished according to her deserts and lastly they called to her remembrance how fearful the examples of Gods vengeance were upon King Saul for sparing Agag and upon King Ahab for sparing the Life of Benhaddad These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen and by her answer it appears what a great straight she was in D' Ewes Journal f. 400. Queen Eliz. in a great
People had possest our Souls in meekness and humility honoured Her Majesty born with the infirmity of the State suffered all things and dealt as true Catholic Priests If all of us we say had thus done most assuredly the State would have loved us or at least born with us where there is one Catholic there would have been ten There had been no Speeches amongst us of Racks and Tortures nor any cause to have used them for none were ever vexed that way simply for that he was either Priest or Catholic but because they were suspected to have had their hands in some of the said most Traiterous designments None of Her Majesties Enemies durst so really have attempted her State and Kingdom we had been in better friendship with those that seek now most to oppose themselves against us and to all Men as we are persuaded Bonus odor Christi odor vitae ad vitam Whereas by following the said new violent Spirits quasi turbae impellentes parietem we are become odor Mortis ad mortem non solum iis qui pereunt sed etiam iis qui salvi fiunt And therefore let us all turn over the Leaf and take another course then hitherto we have done CHAP. VIII K. Ja. I. AND now a Man might reasonably suppose that after the first Plottings of the Papists with the Guises the French King and the Pope on behalf and by the instigation of the Queen of Scots after Harding Saunders and S. P. busily exercising their Episcopal Power in England in 1568 after Ridolph's exciting Queen Elizabeth's Subjects to Rebellion sent hither by Pope Pius Quintus for that purpose after the Rebellion in the North fomented by Morton sent hither by the same Pope to that end headed by the Earls of Northumberland and Westmorland who were incouraged thereto by a Letter from the same Pope After Dacres his Rebellion in Cumberland after the Earl of Ormonds Brethren the Boâ—telers Rebellion in Ireland after Pope Pius Quintus his Bull declaring the Queen Excommunicate and her Subjects absolved from their Allegiance after the Earl of Twomonds Rebellion in Ireland after Storys Treason â—ir Edward Coke Attorny General to King James â—e First in oâ—ening the fact â—f the Gun-Powder-Plot at â—he Tryal of â—arnet the Jeâ—ite mentions â—â—ese Treasons â—nd Conspiraâ—es The Relaâ—tion of the â—ryal was Prinâ—â—d Anno â—606 which â—eing taken neâ—ce of whilst â—hings were â—resh in memoâ—y gives the â—reatest confirâ—ation to the â—ruth of them after the Spaniards the Pope and the Guises contrivances to kill the Queen and set up Mary Queen of Scots and introduce Popery after I say these things had occasioned the making the 13 Eliz. cap. 12 And after Stukelys Plot to invade Ireland and England at once After Fitz Morris his Rebellion in Ireland carried on after his Death by Desmond after another conspiracy in Ireland for the destruction of the Protestant Relligion after the erecting Seminarys abroad for the educating and bringing up Priests to be sent hither to alienate the Hearts of the Subject from their Soveraign and the Actual sending of Campian Parsons and others into England for that purpose who were detected in their attempts to compass such their wicked designs and Executed for Treason after I say these things had raised a greater jealousy of the Papists in the State and caused them to make the 23 El. cap. 1. And after Somervills Conspiracy to kill the Queen after Francis Throgmortons Conspiracy to depose the Queen by Foreign Force after a further design of the Pope the Spaniard and the Guises for invading England in order to destroy the Protestant Religion after Parry's Treason all which Conspiracies and Treasons extorted from the State the 27 Eliz. cap. 1. and 2. after Gilford Savage Babington and others design to kill the Queen and set up Mary Queen of Scots who was at the Bottom of this design her self and promised to reward the Actors in it for which she was Tryed Condemned and Executed after Staffords Conspiracy and Yorks Plot which Treasons occasioned the making the 29 Eliz. cap. 6. and after the Pope and the Spaniards design in 1588. to invade England and thereby destroy the Protestant Religion with its defender by a Force by them called the Invincible Armada and this begun and carryed on by English Priests and Lay-Papists after Heskets Plot to depose the Queen and set up the Lord Strange After Cullens Conspiracy to murther the Queen after Lopez his Conspiracy to poison the Queen for which the Spaniard was to pay 50000 Crowns which Treasons did as it were compel the State to make the 35 Eliz. cap. 2. for confining Papists with in five Miles of their dwelling I say after all these Plots Conspiracies Treasons and open Rebellions invented begun and carryed on by the Papists and all with so little Success and after their own Confession of the whole to be true and their own advice to turn over a new Leaf a man might reasonably suppose that they should have ceased any further Attempts by Treason Rebellion Plot or Conspiracy to introduce the Popish Religion into England But such is the inveterate Malice and implacable Hatred of the Pope and all that are of the Communion of the Church of Rome if I may call it a Church that even before the peaceable James the First of England and the Sixth of Scotland was placed upon the Throne by the unanimous consent of all the Protestant Subjects of England as appears by the Act of Recognition made in the first year of his Reign there were several Plots for the taking away his Life and in one Plot even Watson and Clark two secular Priests of the Romish Church the former whereof joyned with Bluet the Secular Priest in writing the Impotâ—nt considerations before mentioned wherein they acknowledge all the Plots Conspiracies Treasons and Rebellions before mentioned to have been committed by Papists but insinuate it to be done by the instigation of the Jesuits are found in a Plot against the said King James and Executed for it but before I mention any thing of that Plot I shall give a short Account of what designs were on foot against the said King James his Life before his accession to the Crown Queen Elizabeth being old and weak and as they thought The Papists plot against James the First before his coming to the Crown could not live long the Papists thought it needless to make any more attempts against her person least her death should anticipate their quickest Designs But she and the Kingdom having their Eye upon the said King James being a Protestant to succeed her their main drift was to prevent him if possible from succeeding Queen Elizabeth In order to this in the Year 1601. there was one Francis Mowbray Mowbray's Plot against King James the First Fowlis Hist. li. 10. cap. 1. f. 498. Son to the Laird Barnbowegal who had lived some while in the Infanta's Court at Brussels he they say
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 â—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
of Parliament because they yet strengthen and confirm the Truth of the said Conspiracy and that they do so must be confest unless Men will fly in the Face of that Parliament I have here inserted as I find the same in Rastal's Statutes The First is Intituled An Act for publick Thanks-giving to Almighty God every Year on the Fifth Day of November FOrasmuch as Almighty God hath in all Ages shewed his Power and Mercy 3 Jac. 1. ca. 1. Rast Stat. 2. Part. f. 588. The Act for keeping the Fifth of November yearly as a Day of Thanks-giving in the Miraculous and Gracious Deliverance of his Church and in the Protection of Religious Kings and States and that no Nation of the Earth hath been blessed with greated Benefits than this Kingdom now enjoyeth having the true and free Profession of the Gospel under our most gracious Sovereign Lord King James the most Great Learned and Religious King that ever reigned therein enriched with a most hopeful and plentiful Progeny proceeding out of his Royal Loyns promising Continuance of this Happiness and Profession to all Posterity and the which many malignant and devilish Papists Iesuits and Seminary Priests much envying and fearing conspired most horribly when the Kings most excellent Majesty the Queen the Prince and all the Lords Spiritual and Temporal and Commons should have been assembled in the upper House of Parliament upon the fifth Day of November in the Year of our Lord 1605. suddenly to have blown up the said whole House with Gun-powder an Invention so inhuman barbarous and cruel as the like was never before heard of and was as some of the principal Conspirators thereof confess purposely devised and concluded to be done in the said House that where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously term cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once which would have turned to the utter Ruine of this whole Kingdom had it not pleased Almighty God by inspiring the Kings most excellent Majesty with a Divine Spirit to interpret some dark Phrases of a Letter shewed to His Majesty above and beyond all ordinary Construction thereby miraculously discovering this hidden Treason not many Hours before she appointed time for the Execution thereof therefore the Kings most excellent Majesty the Lords Spiritual and Temporal and all His Majesties faithful and loving Subjects do justly acknowledge this great and infinite Blessing to have proceeded meerly from God his great Merry and to his most Holy Name do ascribe all the Honour Glory and Praise And to the end this unfeigned Thankfulness may never be forgotten but be in a perpetual Remembrance that all Ages to come may yield Praises to his Divine Majesty for the same and have in Memory This joyful Day of Deliverance Be it therefore enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and Angular Ministers in every Cathedral and Parish Church or other usual Place for Common-prayer within this Realm of England and the Dominions of the same shall always upon the fifth Day of November say Morning-prayer and give unto Almighty God Thanks for this most happy Deliverance and that all and every Person and Persons inhabiting within this Realm of England and the Dominions of the same shall always upon that Day diligently and faithfully resort to the Parish Church or Chappel accustomed or to some usual Church or Chappel where the said Morning-prayer Preaching or other Service of God shall be used and then and there to abide orderly and soberly during the time of the the said Prayers Preaching or other Service of God there to be used and ministred And because all and every Person may be put in mind of this Duty and be the better prepared to the said Holy Service be it enacted by Authority aforesaid that every Minister shall give Warning to his Parishioners publickly in the Church at Morning-prayer the Sunday before every such fifth Day of November for the due Observation of the said Day And that after Morning-prayer or Preaching upon the said fifth Day of November they read publickly distinctly and plainly this present Act. The Second is intituled An Act for the Attainder of divers Offendors in the late most barbarous monstrous detestable and damnable Treasons The Preamble of which Act runs thus 3 Jac. 1. ca. 2. Rast Stat 2. part f. 589 An Act for the Attainder of the Conspirators IN most humble manner beseeching your most excellent Majesty your most Loyal Faithful and true Hearted Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That whereas Arthur Creswel Jesuite who at the time of his Profession to be a Iesuite took upon him the Name of Joseph Creswel Oswald Tesmond Jesuite and Thomas VVinter late of Huddington in the County of VVorcester Gent. the last Day of June in the four and fortieth Year of the late Queen Elizabeth of famous Memory at Valedolide within the Kingdom of Spain and at divers other days within the same four and fortieth Year of the said late Queen at Valedolide aforesaid and elsewhere within the same Kingdom of Spain by the Means Procurement and Privity of Robert Catesby late of Ashby in the County of Northampton Esq Francis Tresham late of Rushton in the said County of Northampton Esq and Henry Garnet Iesuite assuming upon him to be Superior of the Iesuits within this Ream of England and others being all natural born Subjects of this Realm did Traiterously and against the Duty of their Allegiance move and incite Philip then and yet King of Spain then being at open Enmity and Hostility with the said late Queen with Force to invade this Kingdom of England and to joyn with the Papists and discontented Persons wiâ—â—in this Realm of England to depose and overthrow the same late Queen of and 〈◊〉 her Crown and of and from all Her Royal Estate Title and Dignity and to suppress and abolish the true Religion of Almighty God truly and sincerely professed within this Kingdom and to restore the Superstitious Romish Religion within the same and to bring this Antient Famous and most renowned Kingdom to utter Ruine and miserable Captivity under Forreign Power and for that the greatest Impediment unto the same Invasion would be the want of Help of good Horses the said Thomas VVinter the rather to incourage the said King thereunto was to offer unto the same King on the Behalf of the Papists of England to give him Assistance presently upon the Landing of his Forces with one thousand five hundred or two thousand Horses and that for their better accomplishing thereof he should move the said King to furnish the Papists of England with a good Sum of Money partly to be employed to
penalty twenty Pounds forfeiture for not burying according to the Rites of the Church of England Children sent beyond Seas without Lycense are disinherited and disabled to take any Lands or Personalty by Gift Conveyance Descent Devise or otherwise till they take the Oath of Allegiance a hundred Pound penalty for sending them Soldiers Marriners Merchants their Apprentices or Factors excepted Popish Recusants convict are disabled to dispose of any of their Ecclesiastical Livings but the Chancellor and Schollars of Oxford and Cambridge have the right of Presentation Nomination c. but none to be presented who hath a Benefice with cure of Souls Papists are disablede from being Executors Administrators Guardians No Person to bring from beyond Sea Print Sell or Buy any Popish Primers Ladies Psalters c. upon the Penalty of Forty shillings for every such Book two Iustices of Peace within their Iurisdiction Bayliffs and chief Officers of Cities and Towns may search for popish Books and what are found they may burn Papists Armor shall be seized other then what is Iudged by the Iustices absolutely necessary for the defence of their Houses If they refuse to permit a Search to delivet Armor or Munition when t is found they forfeit the Armor and Munition and are to suffer three Months imprisonment without Bayl or Main-prize they must maintain their Armor notwithstanding it be taken away Ecclesiastical Censures are saved Vid. Roger Widdringtons Theological Disputation Epist Dedicat. to Pope Paul 5. S. 6. No sooner was this Oath and these Acts of Parliament made and published but the Romish Priests fall a Caballing Consulting what they and their Friends ought to do in this Case Of these George Blackwell was Chief his Title ran thus George Blackwell by the Grace of God and the Ordinance of the See Apostolick Arch-Priest of England He and several other Priests agreed the Oath was Lawful and might with a safe Conscience be taken by Papists But this was opposed by certain Jesuites and some other Priests which begot a great Feud and Contest amongst their own Party The Pope and his Assistants were against taking the Oath as if it were enough to overthrow their whole Religion and out thunders the Pope a Breve Right or Wrong expresly Commanding the English not to take the said Oath upon any Account whatsoever part of which Breve is Printed in Foulis in English and Latine which take as it is there The Popes 1st Bull against taking the Oath of Allegiance Foulis Hist l. 10. cap. 3. f. 927. Dilecti filli Salutem Apostolicam Benedictionem MAgno Animi maerore nos semper affecerunt tribulationes calamitates quas pro retinenda Catholica fide jugitur sustinvistis Sed cum intelligamus omnia hoc tempore magis exacerbari afflictio nostra mirum in modum aucta est c. Non potestis absque evidentissima gravissimaque divini honoris injuria obligare vos juramento quod fimiliter maximo cum cordis nostri dolore audivimus propositum vobis fuisse Prestandum Here was inserted the Oath it self infra scripti Tenoris viz. Ego A. B. c. Quae cum ita sint vbis ex verbis ipsis perspicuum esse debet quod bujusmodi juramentum salva fide Catholica salute animarum vestrarum perstari non potest cum multa contineat quae fidei saluti aperte adversantur propterea admonemus vos ut ab hoc atque similibus juramentis prestandis omnino caveatis quod quidem eo acrius exigemus à vobis quia experti vestrae fidei constantiam quae tanquam aurum in fornace perpetuae tribulationis igne probatum est Procomperto habemus vos alacri aâ—imo subituros esse quaecunque atrociora tormenta ac mortem denique ipsam constanter appetituros potius quam Dei Majestatem ulla in re taedatis c. Precipimus vobis ut illarum Litterarum verba ad amussim servetis simpliciter prout sonant jacent accipitis intelligatis sublata omni facultate illa aliter interpretandi c. Datum Romae apud Sanct. Marcum sub Annulo Piscatoris X. Kalend. Octob. 1606. Pontificatus nostri Anno Secundo Dearly beloved Sons Greeting and Apostolical Benediction THe Tribulations and Calamities which you have continually sustained for the keeping of the Catholick Faith hath always afflicted us with great Grief of mind but forasmuch as we understand that at this time all things are more grievous our affliction hereby is wonderfully encreased c. You cannot without most evident and grievous wronging of Gods honour bind your selves by the Oath which in like manner we have heard with very great Grief of heart is admitted unto you of the Tenor following viz. I A. B. c. Which things since they are thus it must evidently appear to you that such an Oath cannot be taken without wrong to the Catholick Faith and the Salvation of your Souls seeing it contains many things plainly contrary to Faith and Salvation wherefore we admonish you that you do utterly abstain from taking this and the like Oaths Which thing we the more earnestly require of you because we have experience of the Constancy of your Faith which is tryed like Gold in the Fire of perpetual Tribulation we do well know that you will chearfully undergo all kind of cruel Torments whatsoever yea and constantly endure Death it self rather then you will in any thing offend the Majesty of God c. We Command you that you do exactly observe the words of those Letters and that you take and understand them simply as they Sound and as they Lye all Power to interpret otherwise being taken away c. Dated at Rome at St. Marks under the Signet of the Fisher the 22 d. of Septemb. 1606. the 2 d. Year of our Popedom This Breve was presently sent into England notwithstanding it was High Treason to bring it but divers of the Papists having then taken the Oath were unwilling to believe that the Pope himself sent it but that it was * Foulis f. 527. Surreptitiously procured without the Popes knowledge whereupon the Pope to let them know that tho' the Pope might die yet the Bloody and barbarous Tenets and Doctrines of the Popedom were as lasting as the Popedom it self to satisfie those who doubted of the Reality of the former he sent another into England which follows as Foulis relates it Dilecti filii Salutem Apostolicam Benedictionem REnunciatum est nobis reperiri non nullos apud vos qui cum satis Declaraverimus per literas nostras Anno superiore X. Kalend. Octob. in forma Brevis datas vos tuta Conscientia prestare non posse juramentum quod a vobis tunc exigebatur praeterea triste preceperimus ne ullo modo illud praestaretis Nunc dicere audent hujusmodi literas de prohibitione juramenti non ex amini nostri Sententia nostraque propria voluntate scriptas fuisse sed potius aliorum
Doctrine to their own Sex in England i. e. to Alienate their Hearts from their Soveraign if he be not of their Religion or will not at least connive at it to engage them in Plots Conspiracies and Treasons for the destroying Heretical i. e. Protestant Kings and Heresie that is Protestantism that they do or should defend This project took so as any thing doth that tends to promoting Mother Church that in a short time this Mrs. Ward by the Popes indulgence who will indulge any thing that tends to destroy what he calls Heresie became the Mother General of no less then two Hundred English Damsels of good Birth and Quallity whom she sent abroad to Preach This Story and many other Jesuitical exploits are more particularly related in Wadsworths Spanish Pilgrim to which I refer the Reader The Parliament meet Wilsons Hist f. 193. Rushw Coll. 1 pt f. 23. On the 30 th of January 1620. the Parliament met according to the Summons and notwithstanding the King 's smooth Speech to them they petitioned him for the due Execution of the Laws against Jesuits Seminary Priests and Papists which evidences that there was either none or at least a very slender Execution of those Laws They rip up Grievances They rip up many Grievances that the People had groaned under during the Intervals of Parliament by Monopoly Patents and otherwise punished the great Managers of them with exemplary Punishments and to make the Redress of these Grievances pass the more easily with the King they gave him two Subsidies which was very acceptable to him The Parliament adjourned without taking care of the Palatinate or Protestant Religion Rushw Coll. 1 pt f. 35. Wilsons Hist f. 164. He having got this Supply when the Parliament had sate about four Months he sent them word by the Lord Treasurer that he would have them adjourn as being more expedient than a Prorogation that he had redressed Corruption in Courts of Justice by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver Thread and cherished the Bill against Informers and Monopolies but not a word of Care taken to recover the Palatinate or putting the Laws in execution against the Papists The Commons take it amiss which the King resents and on the fourth of June 1621. in the ninteenth Year of his Reign Wilson saith till February he declared for an Adjournment till November following and that he will in the mean time of his own Authority redress Grievances The House of Commons immediately before this Recess taking to heart the Miseries of the Palatinate and knowing how much the Protestant Religion was concerned in it resolved that the drawing back in so good a Cause should not be charged on their Slackness and therefore made the Declaration following with an universal Consent The Commons Declaration touching the Palatinate Rushw Coll. 1 pt f. 36. Wilsons Hist f. 164. THE Commons assembled in Parliament taking into most serious Consideration the present State of the Kings Children abroad and general afflicted Estate of the true Professors of the same Christian Religion professed by the Church of England in foreign Parts and being touched with a true Sense and Fellow-feeling of their Distresses as Members of the same Body do with unanimous Consent in the Name of themselves and the whole Body of the Kingdom whom they represent declare unto His most Excellent Majesty and to the whole World their hearty Grief and Sorrow for the same and do not only joyn with them in their humble and devout Prayers to Almighty God to protect his true Church and to avert the Dangers now threatned but also with one Heart and Voice do solemnly protest That if His Majesties pious Endeavours by Treaty to procure their Peace and Safety shall not take that good Effect which is desired in Treaty wherefore they humbly beseech His Majesty not to suffer any longer Delay that then upon Signification of His Majesties Pleasure in Parliament they shall be ready to the utmost of their Powers both with their Lives and Fortunes to assist him so as that by the Divine Help of Almighty God which is never wanting unto those who in his Fear shall undertake the Defence of his own Cause he may be able to do that with his Sword which by a peaceable Course shall not be effected Soon after this the King was plyed from Spain and Rome The King plied for Favour to Papists to enlarge his Favours to Popish Recusants and it could not be otherwise expected so long as there was any thoughts of so near an Alliance between Spain and England The Parliament met again the twentieth of November The Parliament meet and because the House of Commons found that though the King declared for War he pursued Peace and resolved to close with Spain They resolved to try the Kings Spirit by the following Petition and Remonstrance wherein they laid open the Distempers of those Times with their Causes and Cures The Causes they told him were these The Vigilance and Ambition of the Pope A Remonstrance by the Parliament against Popery Wilson f. 167. Rushw Coll. 1 pt f. 40. and his Son the Spanish Prince The Devilish Doctrines of the Romish Church The distressed Estate of the Protestants abroad The disasterous Accidents to his a The Count Palatines Family Children abroad The strange Confederacy of the Popish Princes to subvert the Protestant Religion here The great Armies raised by the Spaniard The Papists Expectations of the Spanish Match Foreign Princes interposing for Favour to Papists here The Papists open Resort to Foreign Ambassadors Their Concourse to London and their Conventicles there The Education of their Children in Seminaries The Grants of their Forfeitures to Persons who take little or nothing of them The printing Popish Books The Swarms of Priests and Jesuits The common Incendiaries of all Christendom disperst in all parts of the Kingdom The growing Mischiefs to Church and State they told him were these The Popish Religion is incompatable with ours and draws with it an unavoidable Dependance on Foreign Princes It opens a wide Gap for Popularity to any who shall draw too great a Party b We have lately seen the Truth of this verified when the Papists from Connivance actually got a Toleration and that with an Equality and had got the Superiority and subverted our Religion had not God in his Providence interposed it hath a restless Spirit and will strive by these Gradations If it get but a Connivance it will press for a Toleration if that should be obtained they must have an Equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies proposed were That the King would take his Sword into his Hand that he would therewith assist the Protestants abroad not to rest upon a War in these Parts only but give a Diversion otherwise That this War
but confidently appealed to Time and Success to prove who took their Measures rightest When it happened what I foresaw came to pass the good Father was a little surprised to see all the great Men mistaken and a little one in the Right and was pleased by Sir William Throckmorton to desire the Continuance of my Correspondence which I was mighty willing to comply with knowing the Interest of our King and in a more particular manner of my more immediate Master the * * James the Second Duke and his most Christian Majesty to be so inseparably united that it was impossible to divide them without destroying them all Upon this I shewed that our Parliament in the Circumstances it was managed by the timerous Councels of our Ministers who then governed would never be useful either to England France or Catholic Religion but that we should as certainly be forced from our Neutrality at their next Meeting as we had been from our active Alliance with France the last Year That a Peace in the Circumstances we were in was much more to be desired than the Continuance of the War and that the Dissolution of our Parliament would certainly procure a Peace For that the Confederates did more depend upon the Power they had in our Parliament than upon any thing else in the World And were more encouraged from them to the continuing of the War So that if they were Dissolved their measures would be all broken and they consequently in a manner necessitated to a Peace The good Father minding this Discourse somewhat more then the Court of France thought fit to do my former urg'd it so home to the King that his Majesty was pleased to give him Orders to signifie to his R. H. my Master that his Majesty was fully satisfied of his R. H's good intention towards him that he esteemed both their Interests but as one and the same That my Lord Arlington and the Parliament were both to be lookt upon as very unuseful to their Interest That if his R. H. would endeavour to dissolve this Parliament his most Christian Majesty would assist him with his Power and Purse to have a new one as should be for their purpose This and a great many more Expressions of kindness and confidence Father Ferryer was pleased to Communicate to Sir William Throckmorton and commanded them to send them to His Royal Hhighness and withal to beg his Royal Highness to propose to his most Christian Majesty what he thought necessary for his own Concern and the advantage of Religon and his Majesty would certainly do all he could to advance both or either of them This Sir William Throckmorton sent to me by an Express who left Paris the Second of June 1674. Stilo novo I no sooner had it but I Communicated it to his R. H. To which his R. H. commanded me to Answer as I did on the twenty ninth of the same Month That his R. H. was very sensible of his most Christian Majesties Friendship and that he would Labour to cultivate it with all the good Offices he was capable of doing for His Majesty That he was fully convinced that their Interests were both one That my Lord Arlington and the Parliament were not only unuseful but very dangerous both to England and France That therefore it was necessary that they should do all they could to dissolve it And that his R. H's opinion was that if his most Christian Majesty would write his thoughts freely to the King of England upon this Subject and make the same proffer to his Majesty of his Purse to dissolve this Parliament which he had made to his R. H. to Call another he did believe it very possible for him to succeed with the Assistance we should be able to give him here And that if this Parliament were dissolved there would be no great difficulty of getting a new one which would be more useful The Constitutions of our Parliaments being such that a new one can never hurt the Crown nor an old one do it good His R. H. being pleased to own these Propositions which were but only General I thought it reasonable to be more particular and come closer to the Point we might go the faster about the work and come to some issue before the time was too far spent I laid this for my Maxim The dissolving of our Parliament will certainly procure a Peace Which Proposition was granted by every Body I conversed withal even by Monsieur Rouvigny himself with whom I took Liberty of conversing so far but durst not say any thing of the Intelligence I had with Father Ferryer Next that a Sum of Money certain would certainly procure a Dissolution this some doubted but I am sure I never did For I knew perfectly well that the King had frequent Disputes with himself at that time whether he should dissolve or continue them And he several times declared that the Arguments were so strong on both sides that he could not tell to which to incline but was carried at last to the continuance of them by this one Argument if I try them once more they may possibly give me Money if they do I have gained my Point If they do not I can dissolve them then and be where I am now So that I have a possibility at least of getting Money for their continuance against nothing on the other side But if we could have turn'd this Argument and said Sir their Dissolution will certainly procure you Money when you have only a bare possibility of getting any by their continuance and have shewn how far that bare possibility was from being a Foundation to build any reasonable hope upon which I am sure His Majesty was sensible of And how much 300000 Pounds Sterling certain which was the Sum we propos'd was better than a bare possibility without any reason to hope that that could ever be Compassed of having half so much more which was the most he design'd to ask upon some vile dishonourable Terms and a thousand other hazards which he had great reason to be afraid of if I say we had had Power to have argued this I am most Confidently assured we could have Compassed it for Logick in our Court built upon Money has more powerful Charms than any other sort of reasoning But to secure his most Christian Majesty from any hazard as to that Point I propos'd His Majesty should offer that Sum upon that Condition and if the Condition were not perform'd the Money should never be due If it were and that a Peace would certainly follow thereupon which no Body doubted His Majesty would gain his Ends and save all the vast Expences of the next Campaign by which he could not hope to better his Condition or put himself into more advantagious Circumstances of Treaty then he was then in But might very probably be in a much worse considering the mighty opposition he was like to meet with and the uncertain Chances of