709. Queen Mary Recognized in Parliament and the Laws for the Reformation repealed Act of Repeal of the Laws made in the time of King Edward the sixth whereby the Reformation was Established several whereof that were made with Penalties I have before mentioned viz. 1 E. 6. ca. 1.1 E. 6. ca. 2.2 and 3 E. 6. ca. 1.3 and 4 E. 6. ca. 10.5 and 6 E. 6. ca. 1. Besides those there were several Laws necessary for the promoting the Reformation which were likewise repealed by the said Act viz. 2 E. 6.21 for taking away all positive Laws made against the Marriage of Priests 3 E. 6.12 made for the ordering of Ecclesiastical Ministers 5 E. 6.3 made for the keeping of holy days and feasting days and 5 E. 6.12 touching the Marriage of Priests and Legitimation of their Children and then Establish'd the Mass Book and all the Popish Service and so Established iniquity by a Law. Queen Mary having before inhibited Preaching without License and to be sure the Protestants must have none and having Repealed the said Laws now begins to think of some effectual way to promulge the Popish Tenets and in order to this an Act of Parliament was made against affronting her Priests of the Romish Church Intituled however An Act against offendours of Preachers and other Ministers in the Church 1 Mary ca. 3. Rast Stat. f. 1069. Keeble 709. Popish Priests must not be disturbed in their preaching i. e. such as were Licensed by her Highness which to be sure must be Popish to this effect that none should by any Overt Act molest or disquiet any Preachers because of his Office or for any Sermon that he might have Preached their Preaching being so ridiculous that it gave cause of suspicion that some would serve them so nor should any way disturb them when they were in any parts of the Divine Offices Which they had reason to fear because the People had been used to a more Decent and Christian way of Worship The penalty was three Months Imprisonment Queen Mary's third Parliament desires to reconcile the Kingdom to the See of Rome Hist Ref. 2 pt p. 291 293. On December the 6 th the 1 st of Mary this Parliament was Dissolved because the House of Commons was displeased with the Match with Spain On the 11 th of November the 1 st and 2 d of Philip and Mary the third Parliament was summoned without putting in the Title of Supream Head of the Church and met which Parliament so Summoned petitioned to be Reconciled to the See of Rome and Cardinal Pool accepts it and absolves them and now they are ready cut and dryed for butchering Work. 1 2 Ph. and Mary ca. 3. Rast Stat. 1100. Keble 719. The first severe Law we meet with is an Act against Seditious Words and Rumours which confirms 13 E. 1.33 and 2 R. 2.5 touching telling of News as if they were resolved good people nothing should be done but what they had President for But what doth that Law add Why That if any person should be Convicted or Attainted for speaking Maliciously of his own Imaginations any False Seditious and Slanderous News sayings or tales of the King or Queen for she was then married to King Philip The Protestants must not speak against the King or Queen Pillory less of Ears striking off band imprisonment during Life the punishments inflicted for the first Offence he was to be set on the Pillory in some Market Town near where the words were spoken and have both his Ears cut off unless he paid 100 l. to the Queen within a Month after Judgment given and should be 3 Months Imprisoned If 〈◊〉 reported any such News from another then to stand in the Pillory and lose one Ear unless he paid a hundred Marks within a Month and should be a Month Imprissoned and if he should do it by Book Rhime Ballad Letter or Writing he was to have his Right hand cut off and for the second Offence should suffer Imprisonment during his Life and forfeit all his Goods and Chattels Is this a Law made by the kind Queen Mary Who in the preamble to the first Act of Parliament made in the first year of her Reign declared so much against making Men Offenders for a word and driving her Subjects to Obedience by severe Punishments and Penalties Yes it is the very same Queen Mary But now the Penal Laws are repealed and she appears in her Popish Colours now Pillory and cutting off Ears striking off Hands and perpetual Imprisonment with loss of Goods and Chattels is better than Hereticks deserve as you will find by subsequent Laws But these Penalties are not all that the poor Protestants must expect from Popish Rulers if we look but a little further even in the same Year 1 2 Ph. and Mary ca. 6. Rast Stat. f. 1103. Keble 721. The Laws for Burning the Protestants as Hereticks revived and the proceedings of the same Parliament we shall find another Law made to unbind the Papists hands that H. 8. had in part Tyed up by 25 H. 8. ca. 14. and Ed. 6. had bound fast up by 2 Ed. 6.12 which two Acts of Parliament had Repealed 5. R. 2.5 Concerning Arresting of Heretical Preachers 2 H. 4.15 concerning Repressing of Heresie and punishing of Hereticks and 2 H. 5.7 Concerning the enormity of Heresie and Lollardy and the suppression thereof by Heresie and Hereticks and Lollardy and Lollards is always to be understood the Professors of the true Religion By this Act of Queen Mary the said Act of 25 H. 8. ca. 14. and 2 Ed. 6.12 are repealed and those three Bloody Laws are reviv'd what those Laws are you may see at large in the beginning of this Treatise only observe this that least they should not prove in force in the Statute of Revivor Printed by Rastal all hree Acts of Parliament are inserted Verbatim And that the World might not think them short in their return to Rome or that they were not hearty in it an Act was made to Repeal all Laws whatsoever that had been made against the See of Rome by which Act is set forth 1 2 Ph. and Mary ca. 8. Rast Stat. fol. 1107 Keble f. 703. The Kingdom reconciled to the See of Rome Hist Reform part 2. fol. 294. their former Schism from the See of Rome and their reconciliation to it upon which all Acts passed since the 20 th of H. 8. against that See were enumerated and repealed there it is said That for the removing of all Grudges that might arise they desired that the following Articles might through the Cardinals Intercession be Established by the Pope's Authority 1 st That all Bishopricks Cathedrals or Colledges established might be confirmed for ever 2 d. That Marriages made within such Degrees as are not contrary to the Law of God but only to the Laws of the Church might be confirmed and the Issues by them declared Legitimate 3 d. That all Institutions into
ingaging him at the little River Gelt after very many of the said Leonard Dacre's Men were slain he left the Victory to the Lord Hunsdon and withdrew himself to the next part of Scotland from whence shortly after he Crossed the Seas into the Low Countries and dyed a poor Man at Lovain The Queen by publick Proclamation pardoned the Multitude whom he had excited to Rebellion The third Rebellion was in Ireland in the same Year beaded by the Botelers Cambd. Annals f. 137. The Reason of these Rebellions was Pope Pius Quintus his Bull. Camb. Annals fol. 145. Baker's Chro. fol. 34. Foulis li. 7. ca. 2. fol. 325. Collection f. 3. Pope Pius Quintus his Bull. Cambd. Annals fol. 146. Fowlis 331. And as the Papists gave Queen Elizabeth these disturbances here in England so they were not wanting in Embroiling of Ireland So ungrateful were they for all the favour and kindness that she had from time to time shewn them Edmond and Peter Boteler the Earl of Ormond's Brethren engaged themselves with the Bishop of Rome and the Spaniard for maintaining the Popish Religion and outing Queen Elizabeth of her Kingdom of Ireland But their Brother the Earl of Ormond quenched this Flame by perswading his Brethren to submit themselves who by that means saved their Lives And no wonder it is that the Papists thus Rebel against Queen Elizabeth when Pius Quintus Bishop of Rome who had from the time he came to the See been continually plotting against her had the year before by his Bull declaratory without any previous admonition or Citation excommunicated her and did afterwards cause the same to be openly published and set up upon the Gates of the Bishop of Londons Palace in these words A Sentence Declaratory of our Holy Lord Pope Pius Quintus against Elizabeth Queen of England and the Hereticks adhering unto her wherein also all her Subjects are declared to be absolved from the Oath of Allegiance and whatever other Duty they owe unto her And those that from henceforth shall obey her are involved in the same Curse or Anathema Pius Bishop Servant to God's Servants for a future Memorial of the matter He that raigneth on high to whom is given all Power in Heaven and in Earth hath Committed his one Holy Catholick and Apostolick Church out of which there is no Salvation to one alone upon Earth namely To Peter the Chief of the Apostles and to Peter's Successor the Bishop of Rome to be by him govern'd with plenary Authority Him alone hath he made Prince over all People and all Kingdoms to pluck up destroy scatter consume plant and build that he may preserve his faithful People knit together with the band of Charity in the Vnity of the Spirit and present them spotless and unblamable to their Saviour In discharge of which Function we who are by God's Goodness so called to the Government of the aforesaid Church do spare no pains labouring with all earnestness that unity and the Catholick Religion which the Author thereof hath for the tryal of his Childrens Faith and for our amendment suffered to be tossed with so great Afflictions might be preserved sincere But the number of the ungodly hath gotten such power that there is now no place in the whole world left which they have not assayed to corrupt with their most wicked Doctrines and amongst others Elizabeth the pretended Queen of England the Servant of Wickedness lendeth thereunto her helping hand with whom as in a Sanctuary the most pernicious persons have found a refuge This very Woman having seized on the Kingdom and monstrously usurped the place of Supream Head of the Church in all England and the chief Authority and Jurisdiction thereof hath again reduced the said Kingdom into a miserable and ruinous condition which was so lately reclaimed to the Catholick Faith and a thriving Condition For having by strong hand prohibited the exercise of the true Religion which Mary the lawful Queen of Famous Memory had by the help of this See restored after it had been formerly overthrown by Henry the Eighth a Revolter there-from and following and embracing the Errors of Hereticks she hath changed the Royal Council consisting of the English Nobility and filled it up with obscure Men being Hereticks suppressed the Embracers of the Catholick Faith Constituted lewd Preachers and Ministers of Impiety Abolished the Sacrifice of the Mass Prayers Fastings choice of Meats unmarried Life and the Catholick Rites and Ceremonies commanded Books to be read through the whole Realm containing manifest Heresie and appointed Impious Rites and Institutions by her self entertained and observed according to the Prescript of Calvin to be likewise observed by her Subjects presumed to eject Bishops Parsons of Churches and other Catholick Priests out of their Churches and Benefices and to bestow them and other Church Livings upon Hereticks and to determine of Church Causes prohibited the Prelates Clergy and People to acknowledge the Church of Rome or obey the Precepts or Canonical Sanctions thereof compelled most of them to condescend to her wicked Laws and to abjure the Authority and Obedience of the Bishop of Rome and to acknowledge her to be sole Lady in Temporal and Spiritual Matters and this by Oath imposed Penalties and Punishments upon those which obeyed not and exacted them of those which persevered in the Vnity of the Faith and their Obedience aforesaid cast the Catholick Prelates and Rectours of Churches into Prison where many of them being worn out with long languishing and sorrow miserably ended their Lives All which things being so manifest and notorious to all Nations and by the serious Testimony of very many so substantially proved that there is no place at all left for excuse defense or evasion We seeing that Impiety and Wicked Actions are multiplyed one upon another as also that the Persecution of the Faithful and Affliction for Religion groweth every day heavier and heavier through the instigation and by means of the said Elizabeth and since we understand her Heart to be so hardened and obdurate that she hath not only contemned the Godly Requests and Admonitions of Catholick Princes concerning her cure and Conversion but also hath not so much as suffered the Nâ—ncio's of this See to cross the Seas for this purpose into England are constrained of necessity to betake our selves to the Weapons of Justice against her being heartily grieved and sorry that we are compelled thus to punish one to whose Ancestors the whole State of Christendom hath been so much beholden Being therefore supported with his Authority whose pleasure it was to place us tho' unable for so great a burthen in this Supream Throne of Justice we do out of the fulness of our Apostolick Power declare the aforesaid Elizabeth as being an Heretick and a favourer of Hereticks and her adherents in the matters aforesaid to have incurr'd the Sentence of Excommunication and to be cut off from the unity of the body of Christ And moreover we do
Vsurper Obstinate and Impenitent and so no good to be expected unless she be deprived Therefore Pope Sixtus Quintus moved by his own and his Predecessors Zeal and the vehement Desire of some principal English-men hath used great Diligence with divers Princes especially with the Spanish King to use all his Force that she might be turned out of her Dominions and her Adherents punished And all this for good Reasons Because she is an Heretick Schismatick is excommunicated by former Popes is Contumacious Disobedient to the Roman Bishop and hath taken to her self the Ecclesiastical Jurisdiction over the (a) No such thing Souls of Men. Because she hath against all Law and Right usurped the Kingdom seeing none forsooth must be Monarchs of England but by the Leave and Consent of the Pope Because she hath committed many Injuries Extortions and other Wrongs against her Subjects Because she hath stirred up Sedition and Rebellion between the Inhabitans of Neighbouring Countries Because she hath entertained (b) What did the Pope and Spaniard do Fugitives and Rebels of other Nations Because she sent and procured the (c) A Slanderous Vntruth Turk to invade Christendom Because she persecuted the English Romanists Cut of the (d) And very justly as appears by the Relation before given Queen of Scots and abolished the Roman Religion Because she hath rejected and excluded the Antient Nobility and promoted to Honour obscure People (e) A damn'd Lye. and also useth Tyranny Wherefore seeing these Offences some of them rendring her uncapable of the Kingdom others unworthy to live His Holiness by the Power of God and the Apostles reneweth the Censure of Pius V. and Gregory XIII against her excommunicates and deprives her of all Royal Dignity Titles Rites and Pretences to England and Ireland declares her illegitimate and Vsurper of the Kingdom and absolves all her Subjects from their Obedience and Oaths of Allegiance due to her So he commandeth all under Pain and Penalty of Gods Wrath to yield her no Obedience Aid or Favour whatsoever but to employ all their Power against her and to Joyn themselves with the Spanish Forces who will not hurt the Nation nor alter their Laws nor Priviledges only punish the wicked (f) Protestants he means Hereticks Therefore by these Presents we declare that it is not only Lawful but Commendable to lay Hands on the said Usurper and other her Adherents and for so doing they shall be well rewarded And lastly to all these Roman Assistants is liberally granted a Plenary Indulgence and Remission of all their Sins The Queen to defend her self set forth a good Fleet of Ships Queen Elizabeths Preparation to defend her self Camb. Annal. f. 405. under the Command of Charles Lord Howard of Effingham Lord High Admiral and Drake Vice-admiral she prepared two Armies one of one thousand Horse and twenty two thousand Foot under the Command of the Earl of Leicester The other of thirty four thousand Foot and two thousand Horse under the Command of the Lord Hunsdon And the Nation being jealous of the Papists the Queen was perswaded to commit divers to Wisbich Castle but could not be prevailed upon to execute any one not so much as a Priest notwithstanding the severe Laws then in being against them and this great Preparation made against her for the Conquering of England and the bringing in of Popery The Papists seeing such Preparations made by the Queen A Trick of the Spaniards Camb. Annals l. 3. f. 407 408 409 410. set on foot a Treaty for Peace and in February Commissioners went into Flanders and the 12 th of April 1588 the Spanish Commissioners met the English near Ostend and the Treaty was carried on by the Spanrards with design if possible to make England secure and so to surprise them for they dallied with the English till the Spanish Fleet was come upon the Coast of England and the Thundring of the Ordinance was heard from the Sea. The 21 st of May 1588. the Spanish Fleet set sail out of Tayo The Spanish Fleet at first disperst by Tempest Camb. An. from 411. to 418. The Fleets engage The Spaniard beaten and was totally scattered and disperst by a very great Tempest but being come together again the 12 th of July the whole Fleet set Sail again and the 21 st both Fleets engaged and after four several Sea-fights the First the 21 st the Second the 23 d. the Third the 25 th and the Last on the 27 th or 28 th of July thy Spanish Fleet the last Day of the same Month was driven Northwards and machischeir Escape by Flight This great Armada which had been three Years in Riggâ—â—g and Preparing with infinite Expence was within a Months space four times fought with and at the last overthrown with the Slaughter of many Men not an Hundred of the English being missing and but one Ship lost and after it had been driven round about all Brittain by Scotland the Orcades and Ireland grievously tossed and very much distressed impaired and mangled by Storms and Wrecks and indured all manner of Miseries at length returned Home with Shame and Disgrace The Prince of Parma never joyned them for which he was sufficiently reviled by the Spaniards As for Cardinal Allen he was born in Lancashire of good Parentage Foulis Hist l. 7. cap. 6. f. 351 352. Camb. Annals f. 490. Bakers Chron. f. 381. was bred up at Oxford in Oriel Colledge where he was Proctor was prefered to a Cannonship in York In Queen Elizabeths Days he quitted England became a Pensioner to the Spaniard to carry on whose Designs against his Queen and Country he was very industrious for which Service Sixtus V. created him a Cardinal 1587. and he died at Rome 1594. Oct. 16. He hath told us himself who were the chief Promoters of this Invasion as Mr. Foulis tells us and quotes for it Quodlibets Pag. 40 41 57. his own Words as he relates it are these The King of Spain at length as well by his Holiness's Authority and Exhortations as by his own unspeakable Zeal and Piety moved also not a little by my humble and continual Suit together with the afflicted and banished Catholicks of our Nation of all and every Degree who have been by his special Compassion and Regal Munificency principally supported in this our long Exile hath condescended at last to take upon him this so holy and glorious an Act c. And then proceeds to encourage nay and threaten too the English to take up Arms against their Queen and to joyn with the Spaniards and other Invaders If you will avoid the Popes the Kings and other Princes high Indignation let no Man of what Degree soever obey abet aid defend or acknowledge her c. Adding That otherwise they should incur the Angels Curse and Malediction and be as deeply excommunicated as any because that in taking her part they should fight against God against their Lawful King (a)
brought their Designs about and the Palatinate was irretrievably lost they broke off the Match and left the King and Prince in the Lurch Right Popish Jugling After this Treaty was dissolved the King thinks of a Match with France The French Match Rushw Coll. 1 pt f. 114. A Parliament called and the Lord Kensington was sent Ambassadot into France to feel the Pulse of that Court touching it and gives an Account that it would be accepted soon after which a Parliament was called to meet the twelfth of February in the 21 st year of this King 1623. and now the King is of the Mind to take the Parliaments Advice about his Sons Match as he told them and is grieved for the Increase of Popery if after all the foregoing Passages it be to be believed and promises a great deal and porforms never a whit And here I cannot omit what Wilson saith speaking of this Parliaments Petition against Papists and the Kings Answer both which he hath printed at large f. 272.273 274 275. to which I refer the Reader If the King saith he had seriously and really considered the very last Clause of this Petition wherein the Glory of God and the Safety of his Kingdoms so much consisted as the Parliament wisely express and foresee and which the King saith is the best Advice in the World and which he promised so faithfully to observe in the next Treaty of Marriage for his Son it might perhaps have kept the Crown upon the head of his Posterity But when Princes break with the People A good Caution for all Christian Princes and States in those Promises that concern the Honour of God God will let their People break with them to their Ruine and Dishonour And this Maxim holds in all Powers whether Kingdoms or Common-wealths as they are established by Justice so the Justice of Religion which tends most to the Glory of God is principally to be observed The Parliament followed the Chase close The Parliament displaceth Papists and bolted out divers of the Nobility and Gentry of Eminency popishly affected that had earthed themselves in Places of high Trust and Power in the Kingdom as if they meant to undermine the Nation Their Names Wilson saith were these Francis Earl of Rutland the Duke of Buckinghams Wives Father Sir Thomas Compton Their Names VVilson's Hist f. 276. that was married to the Dukes Mother and the Countess her self who was the Cynosure they all steered by the Earl of Castle-haven the Lord Herbert after Earl of Worcester the Lord Viscount Colchester after Earl of Rivers the Lord Peter the Lord Morley the Lord Windsor the Lord Eure the Lord Wotton the Lord Teinham the Lord Scroop who was Lord President of the North and which they omitted the Earl of Northampton Lord President of Wales who married his Children to Papists and permitted them to be bred up in Popery Sir William Courtney Sir Thomas Brudnell Sir Thomas Somerset Sir Gilbert Ireland Sir Francis Stonners Sir Anthony Brown Sir Francis Howard Sir William Powel Sir Francis Lacon Sir Lewis Lewkner Sir William Awbury Sir John Gage Sir John Shelly Sir Henry Carvell Sir Thomas Wiseman Sir Thomas Geâ—rard Sir John Filpot Sir Thomas Russel Sir Henry Beddingfield Sir William Wrey Sir John Counwey Sir Charles Jones Sir Ralph Conyers Sir Thomas Lamplough Sir Thomas Savage Sir William Mosely Sir Hugh Beston Sir Thomas Riddall Sir Marmaduke Nivell Sir John Townesend Sir William Norris Sir Philip Knevet Sir John Tasborough Sir William Selbie Sir Richard Titehborn Sir John Hall Sir George Perkins Sir Thomas Penrodduck Sir Nicholas Saunders Knights besides several Esquires popishly addicted either in their own Persons or by means of their Wives too tedious to be expressed here and these were dispersed and seated in every County who were not only in Office and Commission but had Countenance from Court by which they grew up and flourished so that their Exuberancy hindred the Growth of any Goodness or Piety their Malice pleased to drop upon Soon after which the Parliament was adjourned after they had made thirty five publick Acts and seventy three private ones but nothing was done with relation to the Papists Rushw Coll. 1 pt f. 154 155. VVilson f. 277. saith the King desired this Match above all Earthly Blessings The King admiring the Alliance of mighty Kings though of a contrary Religion desired the Match with France unmeasurably notwithstanding his Promise to the Parliament which the French perceived and though they were very forward before yet now abated of that Forwardness And whereas they were at first very modest in their Demands in favour of the Papists yet now inlarged those Demands and strained the King to the Concession of such Immunities as he had promised the Parliament he would never grant In August 1624. this Match was concluded and in November the Articles were sworn unto by King James Prince Charles and the French King the Articles concerning Religion were not much short of those for the Spanish Match Papists encouraged by the Treaty with France Rushw Coll. 1 pt f. 154. The Papists formerly daunted by the Breach of the Spanish Match were now again revived by the Marriage Treaty with France And at this time upon the Death of William titular Bishop of Calcedon most of the English Secular Priests did petition the Pope that another Bishop might be sent over into England there to ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Killison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this Matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo the President of the English Benedictines of Doway wrote a Letter in their Behalf at the Congregation at Rome named of the Propagation of the Faith. Dated the 12 th of December 1624. In which Letter was this Passage That there were above sixty Benedictine Monks in England and that it is not to be doubted said he for that it is already seen the good Success under the first Bishop that another Bishop being constituted there would be more joyful Fruits within two Years in the English Mission than hitherto hath been for sixty years now lapsed But not long after the Episcopal party of the Romish Church prevailing Pope Vrban the VIII created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions The Close of this Kings Reign Rushw Coll. f. 155. And now I am come to the Close of this Kings Reign for after he had notwithstanding all his connivance at the Papists out of either Ambition or Cowardise recommended the Protection of the Church of England to the then Prince of Wales Charles the First advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter
See of Rome confer any Ecclesiastical function whatsoever toward or upon your Majesties natural Subjects within your Dominions Answ This is fit to be ordered according as is provided and it shall be so published by Proclamation 8. That your Majesties learned Councel may receive Order and Commandment to consider of all former Grants of Recusants Lands that such of them may be avoided as are made to the Recusants use or interest out of which the Recusant receiveth any benefit which are either void or voidable by the Law. Answ The King will give Order to his learned Councel to consider of the Grants and will do according as is desired 9. That your Majesty will be likewise pleased strictly to command all your Judges and Ministers of Justice Ecclesiastical and Temporal to see the Laws of this Realm against Popish Recusants to be duly executed and namely that the censure of Excommunication be declared and certified against them and that they be not absolved upon publick satisfaction by yielding to Conformity Answ His Majestys leaves the Laws to their course and will order in the point of Excommunication as is desired 10. That your Majesty will be pleased to remove from Places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ ' This his Majesty thinks fit and will give order for it 11. That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesty's Privy Councel upon reason of State. Answ The Laws and Acts in this Case shall be followed and put in due Execution 12. That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe Execution of the Laws that they retire themselves to their several Countrys there to remain confined within five Miles of their Places Answ ' For this the Laws in Force shall be forthwith Executed 13. And whereas your Majesty hath strictly commanded and taken Order that none of the natural born Subjects repair to the hearing of Masses or other Supersttious Services at the Chappels or Houses of foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the offenders herein may be punished according to the Laws Answ The King gives consent thereto and will see that observed which herein hath been commanded by him 14. That all such insolencies as any that are Popishly affected have lately Committed or shall hereafter commit to the dishonour of our Religion or to the wrong of the true Professors thereof be exemplarily Punished Answ ' This shall be done as is desired 15. That the Statute of 1 Eliz. for the payment of twelve pence every Sunday by such as shall be absent from Divine Service in the Church without a lawful excuse may be put in due Execution the rather for that the penalty by Law is given to the Poor and therefore not to be dispensed withal Answ It is fit that this Statute be Executed and the Penalties shall not be dispensed withal 16. Lastly that your Majesty would be pleased to extend your princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion there Answ His Majesties Cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus Most Gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their Peace and Prosperity we have made a Faithful Declaration of the present Estate the Causes and Remedies of this encreasing disease of Popery Humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our Late Soveraign of Famous Memory upon the like Petition did give us great comfort of Reformation but your Majesties most Gracious Promises made in that kind do give us confidence and assurance of the continual performance thereof in which comfort and confidence reposing our selves we most Humbly pray for your Majesties long continuance in all Princely felicity Rushw Coll. 1 pt 191. The 10 th of August the King sends to the Commons to have a present supply and promises to let them meet again in Winter and redress their greivances then they insist to have both go on together The Parliament dissolved but withal make a most submisive Declaration of their affection and duty to him Which notwithstanding he by Commission 12 August 1625. dissolved them Rushw Coll. 1. pt f. 191.192 The King soon after issued out a Proclamation to call home Papists Children and soon after Disarmed the Papists but as this was pleasing so his Letter soon after sent to the Leivetenants for the loan of Money upon Privy Seals and other things of the like kind were as distastful to the People A Parliament called Papists proceeded against But these Courses not having the wisht for success and the King being pressed with his own necessities summoned a Parliament to meet in February and enjoyned the Arch-Bishops and Bishops in both Provinces to proceed by Examination and other Church censures with the utmost severity against the Papists and those more especially who were Popishly affected and did encourage and advance the growth of Popery and issued out a Proclamation to confine Convicted Papists to their dwelling Houses or within five Miles thereof On Candlemas Day he was Crowned and at the time of his Coronation took the Coronation Oath in manner following Sir says the Arch-Bishop will you grant and keep K. Charles 1. Crowned The Coronation Oath Rushw Coll. 1. part f. 200. Arch-Bishop and by your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the Glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the ancient Customs of the Realm I Grant and Promise to keep them Sir Will you keep Peace and Godly Agreement according to your Power both to God The Kings Answer the Holy Church the Clergy and the People I Will keep it Sir Will you to your Power cause Law Justice and Discretion to Mercy and Truth to be executed to your Judgment I Will. Sir Will you grant to hold and keep the Laws and Rightful Customs which the Commonalty of this your Kingdom have and will you defend and uphold them to
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
Penal Laws That for the first ten years of Queen Elizabeth's Reign the State of Catholicks i. e. Papists was tollerable and after a sort in some good quietness such as for their Consciences were imprisoned in the beginning of her coming to the Crown were very kindly and mercifully used the state of things then considered some of them were appointed to remain with such their Friends as they themselves made choice of Others were placed some with Bishops some with Deans and had their Dyet at their Tables with such convenient Lodgings and Walks for their Recreations as did well content them They that were in the ordinary Prisons had such Liberty and other Commodity as the places would afford not inconvenient for men in their Cases But that our Brethren of the more fiery and Jesuitical Humour may not snuff hereat we have thought it meet to cool their heat with some of Master Parsons and his Fellow Mr. Creswel's more gentle delaies then are usual with them who in one of their Books do confess as much in effect as here we have set down if not more thus those great Emperor-like Jesuits do speak to her Majesty In the beginning of thy Kingdom thou didst deal something more gently with Catholicks None were then urged by thee or pressed either to thy Sect or to the denyal of their Faith all things indeed did seem to proceed in a far milder course no great complaints were heard of there were seen no extraordinary contentions or repugnancies some there were that to please and gratifie you went to your Churches but when afterwards thou didst begin to wrong them c. And thus not only our own Historians do acquit Queen Elizabeth of all imputations of Rigour or cruelty towards the Papists for the beginning of her Reign but even the Secular Priests not only do it themselves but have Printed and published it to all the world that the Jesuits themselves Parsons and Creswel could not but acknowledge it too And when was it that she began to be severe The Seculars give this answer to it surely whensoever it was we our selves certain Catholicks of all sorts were the true causes of it For whilst her Majesty and the State dealt with the Catholicks as you have heard Ibid. f. 35. She was presently deprived by the Pope and the Queen of Scots pretended a title to the Crown which was full eleven years no one Catholick being called in question of his life for his Conscience all that time Consider with us how our profession proceeded with them 1 Hist Council of Trent f. 410 411. The grounds of making 13 Eliz. ca. 2. Her Highness had scarcely felt the Crown warm upon her head but it was challenged from her by some of her Neighbours as Master Saunders noteth Thus they themselves confess but because I am past five years of Queen Elizabeth's Reign and am to give the true Reasons of making the rest of the Penal Laws in Queen Elizabeth's time I shall proceed to assign the Reasons of making 13 Eliz. ca. 2. Queen Elizabeth having triumphantly Reigned above 10 years in the Nation to the great Joy and comfort of her Subjects the Romish party as they had been all along carrying on private Designs to disturb her Reign so in the eleventh year of her Reign Anno Domini 1568 they more openly appear'd and Thomas Harding Nichloas Saunders and T. P. Divines busily exercised their Episcopal Power receiv'd from the Bishop of Rome of absolving in the Court of Conscience Cambd. Annals lib. 1. f. 107. In 1568 the Priests exercise Ecclesiastical Jurisdiction under the See of Rome Rodolph excites the Queen's Subjects against her Cambd. Annals f. 118. Foulis Hist lib. 7. ca. 3. p. 330. Udal's Hist of Mary Queen of Scotland p. 119 169. In 1569. The first Rebellion under the Earl of Westmerland fomenteâ— by Morton the Priest Cambd. Annals f. 133 134 135 136. Collection f. 9. all English men which returned to the Bosom of the Church and of dispensing also in cases of irregularity excepting causes arising of wilful Murder or brought into a contentious or judicial Court and also of absolving from Irregularity in respect of Heresie so as the persons to be absolved do abstain from the Service of the Altar by the space of three years After this in the same year Robert Rodolph a Florentine who had lived long time as a Factor in London was imployed by Pius Quintus Bishop of Rome for he durst not send his Nuntio openly to excite the Papists in England secretly against Queen Elizabeth which he most carefully and closely performed And this same Pope writ a Letter to the Earls of Northumberland and Westmerland which had such success that the latter end of 1569 a Rebellion of the Papists broke out in the North fomented and carryed on by one Nicholas Morton a Priest who was sent from the Bishop of Rome to pronounce Queen Elizabeth to be an Heretick and thereby to have forfeited all Dominion and Power The Ring-Leaders of the Rebels being the Earls of Northumberland Westmerland and Sussex The Rebels went first to Durham an Episcopal See where they rent and trampled under feet the English Bibles and Books of Common Prayer which they found in Churches and Celebrated Mass in all places where they came their number was six hundred Horse and four thousand Foot. But this Rebellion was quickly suppressed threescore and six petty Constables hanged for a terror at Durham amongst whom the men of most note was one Plomtree a Priest Simon Digby John Fulthorp Thomas Bishop and Robert Peneman at York and at London some few months after Christopher and Thomas Norton and some few elsewhere Afterwards such of the Rebels as were of best note were convict of high Treason and proscribed viz. Charles Earl of Westmerland Thomas Earl of Northumberland Anne Countess of Northumberland Daughter to Henry Earl of Worcester Edward Dacres of Morton John Nevel of Leversedge John Swinborne Thomas Markenfield Egremond Ratcliff the Earl of Sussex his Brother Christopher Nevil Richard Norton of Norton Conyers Christopher Marmaduke and Thomas of the Family of the Nortons Robert and Michael Tempest George Stafford and about forty more of Noble Birth These mens Convictions and Proscriptions was confirmed in the next Parliament The rest which had no Estates nor had fled the Land as the Earl of Westmerland and several others did were pardoned not taken and hanged like Dogs in Cold-Blood without Tryal as many hundreds were in the West in 1685. The Letter writ by Pope Pius V. to the Earls of Northumberland and Westmerland was this viz. A Letter of Pope Pius V. to the Earls of Northumberland and Westmerland for encouraging them in the Rebellion against Queen Elizabeth they were then engaged in Being the tenth Letter of the fourth Book of the Epistles of the said Pope Pius published at Antwerp ex officina Plantiniana by Francis Gouban in the year 1640 and now from that Edition
Translated into English Hish Acount of the Jesuits Behaviour for the first 25 years of Queen Eliz. f. 35. This Letter refers to lib. 3. cap. 9. of the Life of Pius Quintus by Gabutius See also Caten p. 115. To our Beloved Sons Thomas Earl of Northumberland and Charles Earl of Westmerland in England Beloved Sons Noblemen Health to you and Apostolick Benediction BY your Letters dated to us the eighth day of November which being brought to us the eighth of February we have speedily returned Answer understanding more certainly and particularly the Miseries and Calamities of that most flourishing Kingdom not unknown to us before we were affected with that grief of mind wherewith both the Indignity of these Evils which we suffer in you and Our Paternal Affection towards both you and other Catholicks in that Kingdom ought to affect us for besides that Common Duty of Pastoral Charity wherewith we ought to rejoice at the Welfare or to be grieved at the Calamity of all the Faithful of Christ and of every Province in which the Christian Name is professed we are affected with an Episcopal prerogative of Love and Benevolence towards that Kingdom both because We remember it was heretofore by the Labour and Industry of our Predecessor the Blessed Gregory Bishop of Rome next after God Omnipotent Converted from the Worship of Wood and Stones to the Christian Faith and by fit Men sent thither from him instituted in Manners and in the Catholick Doctrine and also because it used to exhibit to the Apostolick See an excellent Faith and sincerity of Devotion therefore how much we grieve and are troubled at these your Evils and the Evils of that Kingdom which you in the same Letters no less Truely than Miserably Lament cannot easily be exprest in Words We grieve that so many and so great Poisonous Infections of wicked Heresies and so deadly Wounds of the Christian Common-Wealth should chiefly happen in the times of Our Pontificate We are troubled because We are Compelled to be Solicitous about the Danger of you and other Catholicks but yet when We remember the Power of his Prayers who entreated for St. Peter that his Faith might not fail and who enlarging his Church in Tribulation does by so much the more admirably govern it by the Providence of his secret Council 〈◊〉 much the more he sees it tossed by the Waves of Troubles We despaâ—â— not but what we have heard to have been done in former times may also by the Divine assistance be done in ours That the Church which often seems by the prevailing Persecution of Hereticks to be trodden down may return to its State of Antient Felicity the Lord Conspiring with her to a good Omen and may receive encrease from that wherein she seemed to have suffered Loss For Behold even now he that of old things makes new ones and of new things old ones Our Lord Jesus Christ hath by you Men Dear to Vs and Eminent as well by the Study of Catholick Piety as by Nobleness of Birth determined peradventure to renew and confirm the Antient Vnion of the Romish Church with that Kingdom and therefore hath infused into you that mind most worthy of the Zeal of your Catholick Faith that you should attempt to reduce back that Kingdom delivered from the most vile Servitude of a Womans Lust to the Antient Obedience of this Holy Roman See which Pious and Religious endeavour of your Minds We recommend as is fit with just Praises in the Lord and giving it that Our Blessing which you desire We do with the Benignity which becomes us receive your Honours flying to the Power and Protection of us and of this Holy See to whose Authority they Subject themselves exhorting you in the Lord and with all possible earnestness of Our Mind entreating you to Persevere constantly in this your so exceeding good will and lawdable Purpose Being assured that the Omnipotent God whose Works are Perfect and who hath excited you to deserve well of the Catholick Faith in that Kingdom will be assisting to you But if in asserting the Catholick Faith and Authority of this Holy See you should suffer Death and your Blood be spilt it would be much better for the Confession of God to flye by the Compendium of a Glorious Death to Life Eternal than living Basely and Ignominiously to serve the Lust of an Impotent Woman with the Loss of your Souls For think not Beloved Sons in Christ that those Catholick Bishops or Princes of that Kingdom whom you name are ill dealt with who because they would not forsake the Profession of the Catholick Faith are either Imprisoned or undeservedly affected with other Punishments for the Constancy of these Men which is even now confirmed by a new Example as we conceive of the Blessed Thomas Arch-Bishop of Canterbury no man can sufficiently commend as it deserves This same Constancy you also imitating be of a Couragious and Constant mind and desist not from the Enterprize by any Threats or denunciation of Danger For God in whom you ought to repose your Trust who did cast the Chariot and Army of Pharaoh into the Sea is able to break the Strength and Power of his Adversaries so that by you the Primitive Religion and Ancient dignity of that Realm may be restored which that it may be Compassed we shall not only help you in performing with those Christian Princes whom you would those Offices which you desire but also in Contributing at present that Sum of Money which according to our Ability in answer to your Request We can supply you with as you shall more clearly and fully understand by our Beloved Son Robert Rodolphus We being also ready to endeavour hereafter to contribute a Greater Sum than the Imbecility of Our Power will bear and with a ready and chearful Mind to help your Pious Endeavour with all our Estate and Power which We can in the Lord. Given at Rome at St. Peters under the Fishers Ring the twentieth Day of February 1570. In the fifth year of our Pontificate The Character the Lord Treasurer Burleigh gives this Charles Earl of Westmerland is That he was a person utterly wasted by Looseness of Life Execution for Treason Collection p. 2. and by God's punishment even in the time of his Rebellion bereaved of his Children that should have succeeded him in the Earldom he saith his Body was eaten with Ulcers of Lewd Causes that no Enemy he had could wish him a Viler Punishment This was one of Pope Pius Quintus his Sons No sooner was this Rebellion thus happily supprest and so much mercy shewn The second Rebellion was in the same year and beâ—ded by Leonard Dacres Cambd Annals fol. 136 137. but another breaks out at Naworth in Cumberland headed by Leonard Dacres second Son to William Lord Dacres of Gillesland in order to deliver the Queen of Scots who was then in Custody but the Lord Hunsdon with the Old Garrison Soldiers of Berwick
declare her to be deprived of her pretended Title to the Kingdom aforesaid and of all Dominion Dignity and Priviledge whatsoever and also the Nobility Subjects and People of the said Kingdom and all others who have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience and we also do by Authority of these Presents absolve them and do deprive the said Elizabeth of her pretended Title to the Kingdom and all other things before named And we do command and charge all and every the Noblemen Subjects People and others aforesaid that they presume not to obey her or her Orders Mandates and Laws And those which shall do the contrary we do include them in the like Sentence of Anathema And because it would be a difficult matter to convey these Presents to all places wheresoever it shall be needful Our Will is that the Copies thereof under a Publick Notaries hand and Sealed with the Seal of an Ecclesiastical Prelate or of his Court shall carry altogether the same credit with all men judicially and extrajudicially as these Presents should do if they were exhibited or shewed Given at Rome at St. Peters in the year of the Incarnation of our Lord 1569 the fifth of the Calends of March and of our Popedome the fifth year Cae. Glorierius One Felton hung up this Bill upon the Bishop of London's Palace Gates Cambd. Annals f. 148. Fowlis Hist lib 2. ca. 3. f. 327. Collections f. 24 Felton hanged as a Traytor for publishing the Bull. and scorning to seek an escape boldly vindicates the Pope and himself in what was done defying the Queen and her Authority for which he was Arraigned Condemned and Hanged near the same place in St. Paul's Church-yard Now for any thus to contemn and villifie his Soveraign nul her Authority renounce his Allegiance and so far to submit himself to a Foreign Jurisdiction even in Temporalities as to declare his own Soveraign deprived and deposed from her Kingdom what punishment this man incurr'd let the Reader Judge provided he will also consider That had a Protestant thus renounc'd his Obedience in Queen Mary's daies the party must have dyed for it and those who commend Felton would have called the other Traytors and yet Felton did it to procure a National Rebellion Besides this in the beginning of the 13 th year of the Reign of Queen Elizabeth The 4 th Rebellion was in Ireland begun in the beginning of 13 Eliz. by Conogher O Brien Earl of Twomond Cambd. Annals f. 153. in Ireland Conogher O Brien Earl of Twomond closely contrived a Rebellion which just as it was ready to break forth was by meer chance blown over and Thomas Steukley an Englishman a Ruffian a notorious Spendthrift and a notable vaporer who having consumed his Estate fled over into Ireland after he had first vomited forth most undeserved disgraces against his Princess to whom he was extraordinarily bounden soon after slipt out of Ireland into Italy to Pius V. Bishop of Rome where incredible it is into how great grace and favour he wrought himself by his Flatteries with that old man who breathed after the destruction of Queen Elizabeth This Steukley saith the Lord Treasurer Burleigh was a defamed person almost thro' all Christendom and a faithless Beast rather than a Man Collections f. 2 3 fleeing first out of England for notable Piracies and out of Ireland for Treacheries not pardonable and that he and the said Charles Nevil Earl of Westmerland were the Ring-Leaders of the rest of the Rebels the one for England the other for Ireland But notwithstanding the notorious evil and wicked Lives of these and others their confederates void of all Christian Religion it liked the Bishop of Rome as in favour of their Treasons to animate them to take Arms against their lawful Queen to invade her Realm with Foreign Forces to pursue all her good Subjects and their Native Country with Fire and Sword for maintenance whereof the Bull aforesaid had proceeded And the Pope the Guises the King of Spain Contrivances by the Pope the King of Spain the Guises and the Queen of Scots against Queen Elizabeth and the Protestant Religion Fowlis p. 330 331. Cambd. Annals lib. 2. f. 154. and the rest of the confederates against the Queen and the Protestant Religion the better to carry on their designs did soon after Queen Elizabeth came to the Crown set up a Title thereto in the Queen of Scots as aforesaid which was one principal cause that there were so many Plots and Conspiracies during her Reign tho' none gave her any great trouble till about the 10 th or 11 th year of her Reign It appears by Letters from the Pope to the Queen of Scots written in the year 1571. 13 Eliz. that there was a design on Foot to introduce Popery and to subvert the Protestant Religion here in England which Letter was delivered by Ridolpho the Florentine before mentioned his means to the Queen of Scots And Ridolpho by his own particular Letters to the Queen of Scots desired her to acquaint the Duke of Norfolk and her Friends with the Design but there being at that time a Treaty begun in order to her being restored to her Kingdom of Scotland whereof she was at that time dispossest she defer'd answering the Letter but the Treaty afterwards coming to nothing she privately sent a large commentary or draught of her Counsels and Affairs to the Duke of Norfolk before mentioned written in Cyphers known only to them two as also other Letters to be conveyed by Ridolpho to the Pope and the Spaniard Camd. Hist lib. 2. fol. 157. Baker's Chron. f. 344. Ridolpho greatly pressed the Duke to enter into the Confederacy and as an encouragement affirmed That the Pope so that the Catholick i. e. the Popish Religion might be promoted would bear the charge of the whole War and that he had to that purpose laid down 1 Some Writers say 150000. Crowns an hundred thousand Crowns the last year when the Bull was Published whereof twelve thousand he the said Ridolpho had distributed amongst the English Fugitives He promised that the Spaniard would supply him with 4000 Horse and 6000 Foot which might be sent over to Harwich near whereunto the Duke had many Potent Adherents and that most commodiously and without suspicion in the beginning of Summer when the Duke of Medina Caeli was to come with a strong Fleet into the Netherlands And concluded that such Caution might be used that the Duke might be cleared from all Suspition of affecting the Crown and the Queen of England safely might be provided for so as she would Embrace or tollerate the Romish Religion and give her assent to the Queen of Scots Marriage with the Duke Which Conspiracy the Duke at that time refused to enter into Cambd. Annals p. 158. Baker Chron. fol. 844. Camb. Annals li. 2. fol. 162.
notwithstanding Ridolphus plausible reasoning as he did also a Proposition made to him from Ross by Barker of surprising the Queen at unawares and interrupting the Parliament which was then sitting The Commentary of the Queen of Scots before mentioned being afterwards discovered there the Design appearing I have inserted what Cambden saith she therein discoursed viz. That the French approved of the Conference begun with the Scots and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth and that to no other end but that they might have the better pretence to deny the aid promised for her Restitution That the same French privately opposed her Marriage with Don John of Austria and highly favoured that with Norfolk in hatred to the Spaniards That the Duke of Alva did so far condemn the Design for sending back the Queen of Scots into Scotland that he thought it to be attended with the utter undoing of the Queen and the overthrow of the Catholick Religion in Britain for the Queen being returned into Scotland must of necessity either undergo the danger of being besieged or else hazard a Battel with the Rebels who with the help of the English would soon get her into their power before any foreign Forces could come to her assistance Seeing then she could not be safe in Scotland and from France there was swall hope that being embroiled with Wars within it self he thought it her best Course to fly to the Spaniards help who had proffered her Marriage with Don John of Austria which notwithstanding she would refuse having given her Faith that the Popish Religion in Brittain should be restored by Norfolk as also that her Son should be forthwith conveyed out of Scotland and sent into Spain for so he would be kept in safety and instructed in the Romish Religion from his very Childhood and withal all pretences would be taken from the Scots who Cloaked their Rebellion under his Name That to solicit these matters and to procure foreign assistance Ridolph was to be sent away presently who was to have private directions in any Case to conceal these things from the French. When the Council had received this Commentary and the Letters before mentioned Camb. Annals p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome and one Barker being apprehended had made a full Confession the Duke of Norfolk was committed to the Tower together with Bannister the Dukes Counsellor at Law the Earls of Arundel and South-hampton the Lord Lumley the Lord Cobham and Thomas his Brother Henry Piercy Lowder Powel Goodyear and others who every one of them even the Duke himself confessed the matter The Iniquity of these times and the Love of the Estates of England which were then assembled at Westminster towards their Prince and Country occasioned the making an Act of Parliament whereby certain Offences were made Treason Rast Stat. pt 2. fol. 136. To bold that the Laws and Statutes cannot liâ—â—â— the Crown and bind the Succession Treason during the â—uccâ—s Life and a Premunire ever after The Preamble of this Act takes notice that it was thought the Laws and Statutes of this Realm then in force were not sufficient for the preservation of the Queens person which ought to be provided for and by the Neglecting whereof the Government might be subverted And therefore it was Enacted and provided according to the Tenor of former Laws that if any should attempt the Destructeon or personal Hurt of the Queen or raise War or excite others to War against Her if any Man should affirm that she is not nor ought of right to be deemed Queen of this Realm but that the Kingdom is more justly due to another or should pronounce her to be an Heretick Schismatick or Infidel or should usurp the Right and Title of the Kingdom during her Life or affirm that any other hath right to the Crown or that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof Every such person should be guilty of High Treason during the Queens Life and that after her Death if any person held the Doctrine that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof he should incur a Premunire That if any Man during the Queens Life should by any Book written or printed expresly maintain that any person is or ought to be Heir or Successor to the Queen except the same be the Natural Issue of her Body or should wilfully publish print or utter any Books or Writings to that effect he and his Abettors should for the first Offence suffer Imprisonment for a Year and forfeit the one half of his Goods and for the second Offence incur the Penalty of a Premunire I confess that Keble saith in his Collection of Statutes that this Act of Parliament is expired but what ground he hath for it appears not any where that I can find Keble Stat. fol. 827. either in our History or Law Books so that I take it for so much as was to continue after her death it is in force still not being repealed by any subsequent Statute and therefore certainly who ever holds that Doctrine that the Right of the Crown and the succession thereof cannot be limited and determined by the Laws and Statutes of the Kingdom incurs a Premunire There was also another Act of Parliament made in the same Session the which is intituled an Act against the bringing in and putting in execution of Bulls writings or Instruments and other Superstitions from the See of Rome The Preamble of which Statute recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast Stat. pt 2 fol. 138. Against bringing in Bulls c. from Rome and reconciling and being reconciled to the See of Rome Touching the Abolishing of the Authority of the Bishop and See of Rome and setts out That yet nevertheless divers Seditious and evil disposed People minding not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the Thraldom and subjection of that Foreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange the Minds and Hearts of sundry of her Majesties Subjects from their Dutiful Obedience and raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome and his said See divers Bulls and Writings And sets forth the effect of the said Bull herein before particularly set forth and that by colour of the said Bulls and Writings the said wicked Persons very secretly and most seditiously in such parts of this Realm where the People for want of Instruction were most weak simple and ignorant and thereby furthest
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
How cometh Philip to be lawful King of England against their Country and notwithstanding withstanding all they should do they should but defend her bootless to their own present Destruction and eternal Shame What Mr. Foulis relates out of Clark a Secular Priest is so remarkable with relation to this Invasion that I cannot omit it saith he and quotes his Author As for the Jesuits you shall hear what (c) C. W. A Reply to Father Parson's Libel f. 64 65. Clark the Priest saith who with Watson suffered afterward for Treason against King James First It is most certain that all the World had very admirable Expectance of that Army and the Jesuits more than any Secondly It is plain by the Cardinals Book if (d) They would hint to us as if Parsons were the Compiler of the Admonition but its certain that Allen was the Author of it and Parsons with the other Romanists confess Allen to be the Author it were his writen as a Preparative to that Account that he was made Cardinal on purpose for that Exploit and to have been sent hither presently upon the Spaniards Conquest But Father Parsons saith that he laboured to set forward at that time the Cardinals Preferment if you will believe him which maketh it evident à primo ad ultimum that Father Parsons was a Dealer in that Account Thirdly It is certain that the Jesuits in Rome were great with the Spanish Ambassador Leger there and had great recourse unto him when the Matter was on foot doth not this then urge them to be Concurrers thereunto Fourthly It is likewise most certain that the English Jesuits in Rome appropriated certain Pallaces in London to themselves to fall unto their Lots when the Matter was in handling to wit Burghley-House Bridewel and another which I have forgot makeing themselves cock sure of their already devoured Prey This all the Students that lived in the (e) Viz. The English Colledge at Rome Colledge at that time will witness with â—e now would I demand of you what reasons they might have to be their own Carve◠〈◊〉 if they had not some Interest in that Affair Fifthly We know that they were more forward in Rome concerning this Matter than the Cardinal or any other insomuch as at the first News of the Spaniards coming down into the narrow Seas they would have had Te Deum sung in the Colledge for joy of Victory if the Cardinal had not stayed it And to conclude Doth not the posting of Father Parsons into Spain presently after the Overthrow of this Army for further dealing with the Spaniard for the time to come and his better information in English Affairs and Father Holt posting into the Low-Countries for the like Purpose to keep the Spaniard still in hope of future times that this Mishap might not withdraw him from ever enterprizing the like afterwards shew that they were Dealers in the former Doubtless all these Circumstances cannot but sufficiently prove it that they were in the Judgment of wise Men. Foulis Hist l. 7. cap. 7. f. 354. This Grand Invasion of the Spaniards so contrived and carried on by the Pope Spaniard English Fugities Priests and Jesuits being ruined and brought to nought England might now afford it self some ease her Enemies not being able on a sudden to recruit their great Losses this Defeat in a manner breaking their Back and cracking the Credit of Philip. But as by degrees he recovered so by the Instigation of the English Fugitives was he perswaded to carry on the same ill Will towards the Queen of England Camb. Annals f. 457. Bakers Chron. f. 379. the first step that is set is to send over English Priests who crept every day privately into England in great Numbers from the Seminaries of Rome France and Spain for the Spaniard had lately founded a Seminary for the English at Validolid who laboured to draw the Subjects from their Obedience to the Queen and to unite them to the Spaniards Party which being discovered the Queen put out a Proclamation that none should harbour any man whatsoever but upon Enquiry first made who he was whether he came to Prayers in the Church upon what Means he lived where he dwelt the Year before and other like Circumstances that they who could not answer these Interrogatories should be sent to Commissioners appointed in every Shire least the Common-wealth should receive any Damage Notwithstanding this Proclamation and the severity of the Laws one Hesket who was set on by Sir William Stanley before named undertook to persuade Ferdinand Lord Strange who a little after by the Death of his Father Henry Heskets Plot to depose the Queen and set up the Lord Strange Fowlis Hist l. 7. c. 7. f. 354. Camb. Annals l. 4. f. 477. became Earl of Darby to depose the Queen and take upon him the Title of the Crown making pedegrees for him drawing his pretended right from Mary his great Grand-mother Daughter to Henry the 7 th And for a better encouragement they gave him large promises of assistance of Men and Mony from the Spaniard but withal threatning him with assured destruction unless he would undertake the design and conceal it but the Earl far contrary to their expectation discovers Hesket who confessing all is executed This failing we have another more dangerous Lopez his Treason against Queen Eliz. Camb. Annals l. 4. f. 484. Fowlis l. 7. c. 7. f. 354. Bakers Chron. f. 381. set on by persons of the highest Rank but it seems not unworthy the basest Action of whom any Religion might be justly ashamed As a Prologue to this we may understand that Don Sebastian the forward King of Portugal having ruined himself in the Affrican Expedition and his great Uncle Cardinal Henry succeeding him in the Kingdoms and Dying unmarried several made claim to the Portugal Crown Amongst the rest Don Antonio Prior of Crato natural Son to Lewis Brother to Henry To him being a Portuguese many of the People bare an affection so that at last the rest let their Titles sleep and the quarrel only remained between Philip the II. of Spain and this Antonio But Philip having the longest Sword under the Conduct of Alva wan the Kingdom so that Antonio was forced to flee for refuge to our Queen Elizabeth who afforded him some assistance and favour by which means and protection many Portuguese Ship't themselves for England where they were received as friends with all respect and honour Amongst the rest was Roderigo Lopez a Jewish Physician whom the Queen entertained in her own Service making him Physician to her Houshold and Stephano Ferreira de Gama with Emanuel Loisie These three were enticed by the Spaniard to undertake the Murther of the Queen for which they were promised great rewards but Lopez was to be the main instrument Lopez confessed that of late years he had been allured to do service secretly to the King of Spain which he did by means of one
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
Places of Government who do shall or may Countenance the Popish Party The Remedies against this Outragious and dangerous Disease we conceive to be these ensuing 1. That the Youth of this Realm be carefully Educated by careful and Religious Schoolmasters and they to be enjoyned to Catechize and Instruct their Schollars in their Grounds and Principles of true Religion And whereas by many Complaints from divers Parts of the Kingdom it doth plainly appear That sundry Popish Schollars dissembling their Religion have craftily crept in and obtained the Places of Teaching in divers Counties and thereby infected and perverted their Schollars and so fitted them to be Transported to the Popish Seminaries beyond the Seas that therefore there be great care in choice and admitting Schoolmasters and that the Ordinaries make diligent enquiries of their Demeanours and proceed to the removing of such as shall be faulty or justly suspected His Majesties Answer THis is well allowed of and for the better performance of what is desired Letters shall be Written to the two Archbishops and from them Letters to go to all the Ordinaries of their several Provinces to see this done the several Ordinaries to give account of their doings herein to the Archbishops respectively and they to give account to his Majesty of their Proceedings herein 2. That the Antient Discipline of the Universities be restored being the famous Nurseries of Literature and Vertue Answ This is approved by his Majesty and the Chancellor of each University shall be required to cause due Execution of it 3. That special care be taken to enlarge the Word of God through all the Parts of your Majesties Dominions as being the most powerful means for planting of true Religion and rooting out of the Contrary to which end among other things let it please your Majesty to Advice your Bishops by fatherly intreaty and tender usage to reduce to the peaceable and orderly Service of the Church such able Ministers as have been formerly silenced that there may be a profitable use of their Ministry in these needful and dangerous times and that Non-residencies Pluralities and Commendams may be moderated where we cannot forbear most humbly to thank your Majesty for diminishing the Number of your own Chaplains not doubting of the like Princely care for the well bestowing of the rest of your benefices both to the Comfort of the People and the incouragement of the Universities being full of grave and able Ministers unfurnished of livings Answ This his Majesty likes well so as it be applied to such Ministers as are peaceable orderly and Conformable to the Church Government For Pluralties and Non-residencies they are now so moderated that the Arch Bishops affirm there be now no dispensations for Pluralities granted nor no Man now is allowed above two benefices and those not above thirty Miles distant and for avoiding Non-residence the Cannon in that case provided shall be duly put in Execution For Commendams they shall be sparingly granted only in such case where the exility and smalness of the Bishopprick requireth also his Majesty will cause that the Benefices belonging to him shall be well bestowed and for the better propagating of Religion his Majesty recommendeth to the House of Parliament that care may be taken and provision made that every Parish shall allow a Competent Maintenannce for an able Minister and that the owners of Parsonages Impropriate would allow to the Vicars and Ministers Curates in Villages and places belonging to their Parsonage sufficient stipend and allowance for Preaching Ministers 4. That there may be stricct provision against Transporting of English Children to the Seminaries beyond the Seas and for the recalling of them who are already there placed and for the Punishment of such your Subjects as are maintainers of those Seminaries or of the Schollars considering that besides the seducing of your People great sums of Money are yearly expended upon them to the impoverishing of this Kingdom Answ The Law in this Case shall be put in Execution and further there shall be Letters written to the Lord Treasure and also to the Lord Admiral that all the Ports of this Realm and the Creeks and Members thereof be strictly kept and strait searches made to this end A Proclamation shall be to recal both the Children of Noblemen and the Children of any other Men and they to return by a day also maintainers of Seminaries of Schollars there shall be punished according to Law. 5. That no Popish Recusant be permitted to come within the Court unless your Majesty be pleased to call him upon special occasion agreeable to the Statue of 3. Jac. and whereas your Majesty for the preventing of apparent mischiefs both to your Majesty and the State hath in your Princely wisdom taken order that none of your natural born Subjects not professing the true Religion as by Law established be admitted into the Service of your Royal Consort the Queen we give your Majesty most humble thanks and desire that your order herein may be observed Answ If his Majesty shall find or be informed of any concourse of Recusants to the Court the Law shall be strictly followed And his Majesty is pleased that by a Proclamation the Brittish and Irish Subjects shall be put in the same Case and as his Majesty hath provided in his Treaty with France so his purpose is to keep it that none of his Subjects shall be admitted into his Service or into the Service of his Royal Consort the Queen that are Popish Recusants 6. That all the Laws now standing in force against Jesuites Seminary Priests and others having taken Orders by Authority derived from the See of Rome be put in due Execution and to the intent they may not pretend to be surprised that a speedy and certain day be prefixed by your Majesties Proclamation for their departure out of this Realm and all other your Dominions and not to return upon the severest Penalties of the Laws now in force against them and that all your Majesties Subjects may be thereby admonished not to receive comfort entertain or conceal any of them upon the Penalties which may be lawfully inflicted and that all such Papists Jesuites and Recusants who are and shall be imprisoned for Recusancy or any other cause may be so strictly restrained as that none shall have conference with them thereby to avoid the Contagion of their corrupt Religion and that no Man that shall be suspected of Popery be suffered to be a Keeper of any of his Majesties Prisons Answ The Law in this case shall be put in Execution and a Proclamation shall be to the effect desired and such restraint shall be made as is desired and no Man that is justly suspected of Popery shall be suffered to be a Keeper of any of his Majesties Prisons 7. That your Majesty be pleased to take such order as to your Princely Wisdom shall be expedient that no natural born Subject or strange Bishops nor any other by Authorty from the
without any evasion equivocation or mental reservation whatsoever and without any dispensation already granted me for this purpose by the Pope or any other Authority or Person whatsoever or without any hope of any such dispensation from any Person or Authority whatsoever or without thinking that I am or can be acquitted before God or Man or absolved of this Declaration or any Part thereof although the Pope or any other Person or Persons or Power whatsoever should dispence with or annul the same or declare that it was null and void from the beginning The same Oaths and Declarations to be made in every succeeding Parliament in full House that all members of Parliament not swearing and declaring as aforesaid and Popish Recusants convict are forbidden the Kings and Queens presence That if any Member of the House of Peers or Commons do any thing contrary to this Act or shall offend in any of the Cases aforesaid such Member should be thenceforth judged a Popish Recusant Convict and should be disabled to hold or execute any Office in any of his Majesties Dominions and likewise to sit and â—ote in either House of Parliament or make his Proxy in the House of Peers or in prosecute any suit in Law or Equity or to be Guardian to a Child or Executor or Administrator to any Person and uncapable of any Legacy Deed or Gift and should fofeit for every willful offence against this Act the sum of Five hundred Pounds to be recovered by whomsoever would sue for the same and to be prosecuted in any of his Majesties Courts where no Essoin Protection or Wager of Law should lye that either House of Parliament may cause any of their Members to swear and subscribe as aforesaid and upon their sitting without taking the same they should be adjudged disabled in Law to all intents whatsoever to sit or vote in the said Houses during that Parliament That the Places of Members of the House of Commons disabled to vote should be void and new Writs issue out for new Elections that the King and Queens sworn Servants should swear as aforesaid and subscribe the Declaration and that if after refusal of the same they presumed to come into their Majesties presence they should be disabled to hold any place and incur the Penalties aforesaid Nothing contained in this Act to relate to the Subjects of the King of Portugal being in the Queen Dowagers service not exceeding the number of eighteen at one time That during the taking the Oaths all proceedings in Parliament should cease and the Oaths c. and Names of the Persons who should take them should be entred in Parchment Rolls and for every such entry not above the sum of Twelve pence to be paid This Act not to extend to such who come into the King or Queens presence being Licensed by six Privy-Counsellors upon some urgent occasion therein to be expressed and such License not to exceed Ten days at a time and not above Thirty days in a Year That all offenders against this Act that shall take the said Oaths c. shall be discharged and freed from all Penalties and Incapacities incurred thereby but such freedom and discharge not to extend to restore any such person to any office or place filled upon voidance by this Act nor to any other Officer till after the Expiration of one Year from taking the said Oath c. nor to discarge the said forfeiture of Five hundred Pounds as aforesaid nothing in this Act to extend to the then Duke of York Thus I have given an Historical Account of the making of these Laws and of the Laws themselves and as they were highly reasonable in their Making so certainly it is as highly reasonable to continue them if the attemps of the Popish party under King James the Second be duly weighed which were carried so far that the Protestant Religion had been inevitably destroyed with the Professors thereof had not we been redeemed out of their hands by the Conduct and Valour of his present Majesty to whom under God we owe our Deliverance and therefore can never sufficiently express our gratitude He hath given sufficient Testimony of his Zeal for the Protestant Religion and therefore it is reasonable to believe that he will readily concur to the Making any Laws that shall be thought fit to preserve it I know of but one and that is Castration of all Priests and Jesuites when ever they are found here and breeding up the Children of Papists in the Protestant Religion Which I humbly offer to the Consideration of the Parliament for I believe this will terrify them more than Gallows or Galleys And how necessary it is for this Kingdom to rid themselves of this Vermin every one sees but they that are either Papists or so blinded with hopes or expectations of the late Kings return that they neither can nor will see And now methinks I hear some of the Church of England tell me I have shewn the reasonableness of the Laws against the Papists but have not said one word in vindication of the Laws against the Dissenters who have been as violent against the Church of England as ever the Papists were and the Laws against them are equally as just To this I give this Answer that I ways alwas of Opinion that the differences between the Church of England and the Dissenters have been made and carried on by the Papists And I wish there were not too much truth in it that the Papists influenced the Counsels when the Laws were made against the Dissenters I am sure a very Learned Pen * Dr. Sherlock of the Church England own'd the putting them in severe Execution the last seven or eight years to have proceeded from Popish Councils And I doubt not but the severe usage of the Church of England by the Dissenters when in Power was promoted by the same Party Since therefore the Papists can transform themselves into all shapes to promote differences amongst Protestants in order to their Ruine it can't certainly but be honest Policy for the Protestants in order to the preservation of the whole to unite against them as the common Enemy And therefore as we who are Lawyers never love to go to Law especially with one another so the Protestants in England under the denomination of the Church of England and Dissenter being now pretty even as to severities on both hands let them no more quarrel but shake hands and be friends which will tend more to the preservation of the true Religion amongst us than all the Laws that can be made FINIS