have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined tending to the Hurt of Her Majesties Royal Person by any Person or with the Privity of any Person that shall or may pretend Title to the Crown of this Realm That then by Her Majesties Commission under Her Great Seal the Lords and others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or any of Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all Her Highnesses Subjects shall and may lawfully by virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means any such detestable Fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid That the Lords and others Commissioners to try such Traitors in case the Queen should be killed which shall be of Her Majesties Privy Council at the time of such her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be Persons that may make any Title to the Crown those Persons which were Chief Iustices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner of such Her Majesties Death and what Persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that Behalf be needful and convenient but also to use all other Means and things possible and necessary for the maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or stirred in disturbance of the due Execution of this Law by any Person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the Effect and true Meaning of the same That then every Person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto them for assistance as is aforesaid in all things to be done and executed according to the Effect and Intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor of this Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions
ten days if he may by any means for sickness and every Ordinary shall have sufficient Commissaries or Commissary dwelling in every County in a place notable so that if any such person so indicted be taken that the said Commissaries or Commissary may be warned in the notable place where he dwelleth by the Sheriff or his Officers to come to the King's Iayl in the same County there to receive the same persons so indicted by Indentures as before And that in the inquest in this case to be taken the Sheriffs and other Officers to whom it belongeth shall do to be Impannel'd good and sufficient persons not suspected nor procured that is to say that every of them which shall be so Empanell'd in such Inquest have within the Realm of England an hundred Shillings of Lands Tenements or of Rent by the year upon pain to lose to the King's use 10 l. and they which shall be Impannell'd in such Inquests in Wales every of them shall have to the value of 40 s. by year and if any such person be arrested be it by the Ordinary or by the King's Officers or Ministers and escape or break the prison before that he be acquit before the Ordinary the Goods and Chattels which he had the day of such arrest shall be forfeit to the King and his Lands and Tenements which he had the same day seized also in the King's hands the King shall have the profits thereof from the same day until he be yeilden to the prison from which he escaped and that the aforesaid Iustices have full power to enquire of all such Escapes breaking of Prison and also of Lands and Tenements Goods and Chattels of such persons so indicted provided also that if any such person indicted do not return to the said prison and dieth not convict it shall be lawful to his Heirs to enter into the Lands and Tenements of their Ancestor without any other pursuit making to the King for this cause and that all they which have Liberties and Franchises Royal in England as in the County of Chester the County and Liberty of Durham and other like and also the Lords which have Iurisdiction and Franchises Royal in Wales where the King's Writs do not run have power to execute and put in due execution these Articles in all points by them or by their Officers in like manner as the Iustices and other the King's Officers before declared should do By which Act it plainly appears that the Professors of the true Religion were not only to suffer in their own persons by being most inhumanly burnt but their very Wives and Children must feel the effects of Popish Cruelty having nothing left by this Law whereby to support their Families CHAP. IV. Hen. VIII THE three Laws in the precedent Chapters mentioned were put in severe Execution during the Reigns of R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. and to the twenty fifth year of Henry the 8 th during which time the Whore of Babylon made her self drunk with the Blood of the Saints not only halling them to prison but burning their Persons and ruining their whole Families In which time divers were Martyred purely to please and gratifie the Popish Clergy for whatever they said was Heresie must be so upon which Account they run the Persecution so high that in 25 H. 8. about which time the Professors of the true Religion were first called Protestants the Parliament began to consider That Heresie was no where defined and made an Act of Parliament for the Punishment of Heresie but by it repealed the Statute of 2 H. 4. ca. 15. the preamble of which Act doth declare That the Clergy did upon their suggestions obtain the said Act 25 H. 8. ca. 14. Rast Stat. fo 537. By this Law Protestants were to abjere or be burnt but that the same did not in any part thereof declare what was Heresie and that the word Canonical Sanctions are so general that it was difficult to avoid the Penalties of the Act in case he should be examined upon captious interrogatories as the Ordinaries did then use to persons suspect of Heresies and that all such proceedings were against the antient Laws of the Kingdom and for those reasons did repeal the said Act of 2 H. 4. ca. 15. and for redress of Heresie did establish 5 R. 2.5 and 2 H. 5.7 and did enact that Sheriffs in their Turns and Stewards in their Leets Rapes and Wapentakes should have Authority to enquire of Hereticks and every such Presentment made in any Turn Leet Co. Inst 2.658 Bulst 3.51 c. concerning Hereticks should be certified to the Ordinary and every person presented or indicted of any Heresie or duly accused by two lawful Witnesses might be cited arrested or taken by an Ordinary or other of the King's Subjects and committed to the Ordinary to answer in open Court and being convict should abjure his Heresies and refusing so to do or falling into a relapse should be burnt in an open place for Example of others By this Act indeed some part of the Common Law as to the Tryal of the Parties guilty seems to be restored but they could not yet think of parting with the severity of the Penalties I mean burning their Persons and confiscating their Estates and that the World might at length know who were deemed Hereticks and who not for before it was no where defined what Heresie was in the 31 st of H. 8. ca. 14. 31 H. 8. ca. 14. Rast Stat. fol. 652. By this Law Protestants are made Traytors Felons and guilty of a premunire An Act of Parliament was made called an Act for abolishing of Opinions in certain Articles concerning Christian Religion six Articles were agreed on and consented to viz. 1. That in the most Blessed Sacrament of the Altar by the strength and efficacy of Christ's mighty word it being spoken by the Priest is present really under the form of Bread and Wine the natural Body and Blood of our Saviour Jesu Christ Conceived of the Virgin Mary and that after the Consecration there remaineth no substance of Bread or Wine nor any other substance but the substance of Christ God and Man. 2. That the Communion in both kinds is not necessary ad salutem by the Law of God to all persons and that it is to be believed and not doubted of but that in the Flesh under the form of Bread is the very Blood and with the Blood under the form of Wine is the very Flesh as well a part as though they were both together 3. That Priests after the Order of Priesthood received may not marry by the Law of God. 4. That Vows of Chastity Widdowhood by Man or Woman made to God advisedly ought to be deserved by the Law of God and that it exempts them from other Liberties of Christian People which without that they might enjoy 5. That it is meet and necessary that private Masses be continued and
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