submit themselves to the Romish Bishops and Prelates and the Histories of those times acquaint us that they were the Professors of the true Religion afterwards called Protestants By Colour of this supposed Act certain persons that held that Images were not to be worshipped Co. Inst 3 d. fol. 40. and such like Doctrines which the Protestants now hold were detained and tormented in Prison till they were compelled before the Masters of Divinity as they called themselves to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God. This these Popish Bishops and Prelates did by vertue of this Law which indeed was none for it was onely signed by the King at the instance of the Bishops and Prelates and never assented to by the Commons and therefore in the next Parliament the Commons preferred a Bill reciting the said supposed Act and constantly affirmed that they never assented thereunto and therefore desired that the same might be made void for they protested that it was never their intent to be justified and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past whereto the King gave his Royal Assent in these words y pleist au Roy. But in the Proclamation of the Acts of that Parliament Co. 12.58 and 3. Inst f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. ca. 5. was continually printed and looked on as a Good Law and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print Such pious Frauds have been always practised by the Popish Clergy and always found necessary for the supporting of the credit of that Church CHAP. II. Hen. IV. THe Rage of the Popish Clergy against the Wicklivites or Professors of the true Religion increasing with the increase of the light of the Gospel and they fearing that the said contrivance might be detected to the end that they might be yet more able effectually if it were possible to suppress the truth when they had requited R. 2. for granting them that supposed Law with deposing him and assisting H. 4. to usurp the Crown they in the 2 d. H. 4. apply themselves to him for a further Law for the preservation of the Catholick Faith as they called it against Christ's true Religion by them miscalled Heresie and he in gratitude to them in assisting him in his coming to the Crown granted them a Law to their Hearts content which follows as it is printed in Rastal 's Statutes in these words Whereas it is shewed to our Soveraign Lord the King on the behalf of the Prelates and Clergy of this Realm of England in this present Parliament 2 H. 4. ca. 15. Rast Stat. f. 180. By this Law the Professors of the true Religion were to be burnt as Hereticks that although the Catholick Faith builded upon Christ and by his Apostles and the holy Church sufficiently determined declared and approved hath been hitherto by good and holy and most noble Progenitors of our Soveraign Lord the King in the said Realm amongst all the Realms of the World most devoutly observed and the Church of England by his said most noble Progenitors and Ancestors to the honour of God and of the whole Realm aforesaid laudably endowed and in her Rights and Liberties sustained without that that the same Faith or the said Church was hurt or grievously oppressed or else perturbed by any perverse Doctrine or Wicked Heretical or Erronious Opinions Yet nevertheless divers false and perverse people of a certain new Sect of the Faith of the Sacraments of the Church and the Authority of the same damnably thinking and against the Law of God and of the Church usurping the Office of Preaching do perversly and malitiously in divers places within the said Realm under the colour of dissembled Holiness preach and teach these dayes openly and privily divers new Doctrines and wicked heretical and eronious Opinions contrary to the same Faith and blessed determinations of the Holy Church And of such Sect and wicked Doctrine and Opinions they make unlawful Conventicles and Confederacies they hold and exercise Schools they make and write Books they do wickedly instruct and informe people and as much as they may excite and stir them to Sedition and Insurrection and maketh great strife and division among the people and other Enormities horribly to be heard daily do perpetrate and commit in subversion of the said Catholick Faith and Doctrine of the Holy Church in diminution of God's Honour and also in destruction of the Estates Rights and Liberties of the said Church of England by which Sect and wicked and false Preachings Doctrines and Opinions of the said false and perverse people not only most greatest peril of the Souls but also many other harts flanders and perils which God prohibit might come to this Realm unless it be the more plentifully and speedily holpen by the King's Majesty in this behalf namely whereas the Diocesans of the said Realm cannot by their Iurisdiction Spiritual without aid of the said Royal Majesty sufficiently correct the said false and perverse people nor refrain their malice because the said false and perverse people do go from Diocess to Diocess and will not appear before the said Diocesans but the same Diocesans and their Iurisdiction Spiritual and the Keys of the Church with the Censures of the same do utterly contemn and despise and so their wicked Preachings and Doctrines doth from day to day continue and exercise to the hatred of Right and Reason and utter destruction of Order and good Rule Vpon which Novelties and Excesses above rehersed the Prelates and Clergy aforesaid and also the Commons of the said Realm being in the said Parliament praying our Soveraign Lord the King that his Royal Highness would vouchsafe in the said Parliament to provide a convenient Remedy The same our Soveraign Lord the King gratiously considering the premises and also the laudable steps of his said most noble Progenitors and Ancestors for the conservation of the said Catholick Faith and sustentation of God's Honour and also the safeguard of the Estates Rights and Liberties of the said Church of England to the laud of God and merit of our said Soveraign Lord the King and prosperity and honour of all the said Realm and for the eschewing of such Dissentions divisions hurts slanders and perils in time to come and that this wicked Sect preachings doctrines and Opinions should from henceforth cease and be utterly destroyed by the assent of the States and other discreet men of the Realm being in the said Parliament hath Granted Established and Ordained from henceforth and firmly to be observed That none within the said Realm or any other Dominions subject to his Royal Majesty presume to preach openly
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
and Attempts against Her Majesties most Royal Person now for the explaining of all such Ambiguities and Questions which otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the Words or Meaning thereof Be it declared and enacted by the Authority of this present Parliament The Association approved and confirmed that the said Association and every Article and Sentence therein contained as well concerning the disallowing extending or disabling of any Persons that may or shall pretend any Title to come to the Crown of this Realm and also for the pursuing and taking Revenge of any Person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true Intent and Meaning of this Act not otherwise nor against any other Person or Persons The latter of the said two Acts of Parliament is intituled An Act against Jesuits Seminary Priests and such other like disobedient Persons The Preamble runs thus 27 Eliz. cap. 2. Rast Stat. 2. part f. 285. Treason for Priests and Jesuits to come into England Harbouring them Felony c. WHereas divers Persons called or professed Iesuits Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years come in and been sent and dayly do come and are sent into this Realm of England and other the Queens Majesties Dominions on purpose as it hath appeared as well by sundry of their own Examinations and Confessions as by divers other manifest Means and Proofs not only to withdraw Her Highnesses Subjects from their due Obedience to Her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same Her Highnesses Realms and Dominions to the great indangering of the Safety of her most Royal Person and to the utter Ruine Desolation and Overthrow of the whole Realm if the same be not the sooner by some good Means foreseen and prevented For reformation whereof it is enacted That all Iesuits Seminary Priests and other Priests whatsoever Ordained within or without the Queens Dominions by virtue of the Popes Authority should depart within forty Days That those who should afterwards return into the Kingdom should be guilty of High-Treason That he who should wittingly and willingly Harbour Relieve and Maintain them should be guilty of Felony that those who were brought up in Seminaries if they returned not within six Months after Notice given and submitted not themselves to the Queen before a Bishop or two Iustices should be guilty of High Treason and if any so submitting themselves should within ten years approach the Quéens Court or come within ten Miles thereof their Submission should be void That those who should by any Means whatsoever send or convey over any Money to Students in such Seminaries should incur the Penalty of a Premunire That if any of the Peers of the Realm that is Dukes Marquisses Earls Viscounts or Barons of Parliament should offend against these Laws he should be brought to his Tryal by his Peers That if any should know of any such Iesuits or other Priests above said lurking within the Realm and should not discover them within twelve Days he should be Fined and Imprisoned at the Queens Pleasure That if any Man should be suspected to be a Iesuit or Priest as aforesaid and not submit himself to Examination he should for his Contempt be imprisoned till he did submit himself That he who should send his Children or any others to Seminaries and Colledges of the Popish Profession should be fined in an hundred Pounds of English Money and that those who were so sent thither should not succeed as Heirs nor enjoy any Estates which should any way fall to them the like for all such as should not return home from the said Seminaries within a year unless they did conform themselves to the Church of England That if the Wardens or Officers of the Ports should permit any others besides Sea-men and Merchants to cross the Seas without Licence of the Quéen or six Privy Councellors they should be put out of their Places and the Masters of such Ships as carried them should forfeit their Ships and Goods and suffer Imprisonment for a whole Year Reflections upon the foregoing Plots Treasons and Acts of Parliament occasioned by them From which said Plots Conspiracies and Treasons and the said Acts of Parliament occasioned by the same I observe these things amongst many others observable 1. That there are no Villanies that can be imagined so bad but the Romish Clergy even the Pope himself will tell you is lawful to be Committed to carry on the interest of that Religion and instruments enough are to be found amongst Men of that Communion to undertake the Committing thereof one instance whereof we have in this Parry who did not only think it lawful but undertook it to murder his own Lawful Soveraign and had Authority so to do from the Pope himself and that he might sit in the House of Commons must needs be Guilty of a Wilful Perjury for by 13. Eliz. cap. 2. none could sit in that House but he who first had taken the Oath of Supremacy and that he did sit there is plain from the History and tho it doth not appear that he had a Dispensation for it yet 't is not to be doubted but that he was sure of a Pardon in case he had not a Dispensation 2. That the Protestants in those days thought it not only lawful but their Duty to Associate for the preservation of their Prince and of their Religion and having so done they were so far from being blamed by the Parliament that the Parliament did esteem it not only as a Lawful but a Commendable Act and added their Sanction to confirm what before they judged Lawful 3. That the Parliament in the 27 th Year of Queen Elizabeths Reign were so far from questioning their own power of determining and limiting the Crown and the Succession thereof that they did not only think it in their Power but reduced it into Act too to make the Successor Guilty of High Treason that should imbrue His or Her hands in the Blood of the Predecessor and hereby altered the Law 1. H. 7.4 Fitz. Abr. tit Parl. 3. Bro. Abr. tit Parl. 37. Plowd 238. b. that the Accession to the Crown purges the Treason because all Persons named in Acts of Parliament even the King himself are bound by such Acts of Parliament wherein they are named they being no ways alterable but by the same power not Persons that made them 4. That the severity of the Laws hitherto made did not actually deter the Papists from Plotting and Conspiring the Death of the Queen and the subverting the Protestant Religion Nor was it likely to
is the Center and perfection of all things For if they would leave and be ashamed of such new and gross Corruptions of theirs as themselves cannot maintain nor deny to be worthy of Reformation I would for my own part be content to meet them in the mid way so that all Novelties might be renounced on either side For as my Faith is the true Ancient and Apostolick Faith grounded upon the express word of God so will I ever yeild all reverence to Antiquity in the points of Ecclesiastical Policy And by that means shall I ever with Gods Grace keep my self from either being an Heretick in Faith or Shismatick in Matters of Policy But of one thing would I have the Papists of this Land to be admonished that they presume not so much upon my Lenity because I would be loath to be thought a Persecutor as thereupon to think it lawful for them daily to encrease their number and strength in this Kingdom whereby if not in my time at least in the time of my Posterity they may be in hope to erect their Religion again No As they were very lately let them assure themselves that as I am a Friend to their Persons if they be good Subjects so am I a vowed Enemy and do denounce Mortal War to their Errors And as I would be sorry to be driven by their ill Behaviour from the Protection and Conservation of their Bodies and Lives so I will never cease as far as I can Suffering the increase of Popery called by Jam. 1. a betraying England and Scotland to tread down their Errors and wrong Opinions For I could not permit the increase and growing of their Religion without betraying my self and my own Conscience and this whole Island as well the part I am come from as the part I remain in in betraying their Liberties and reducing them to the former slavish Yoke which both had cast off before I came among them as also the Liberty of the Crown in my Posterity which I should leave again under a new Slavery being left free to me by my Predecessors And therefore I would wish all good Subjects that are deceived with this Corruption if they find any beginnings in themselves of Knowledge and Love to the truth to foster the same by all lawful Means and to beware of quenching the Spirit that worketh within them And if they can find as yet no Motion tending that way to be studious to read and confer with Learned men and to use all such means as may further their resolutions assuring them that as long as they are disconformable in Religion to us they cannot be but half my Subjects be able to do but half service and I shall want the best half of them which is their Souls After which the Parliament considering the said Proclamation and Speech and that notwithstanding the Jesuites and Seminary Priests flockt over in great numbers into England made an Act of Parliament intituled 1 Jac. cap. 4. Rast Stat. 2. part f. 550. An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants c. By which it is Enacted THat all Statutes made against Iesuites Priests and Recusants should be put in due Execution but conforming himself should be discharged If the Heir of Papists be a Protestant An Act for puting the Laws against Papists in Execution and for punishing the Heirs of Papists he shall be discharged of all the Penalties Charges and Incumbrances happening upon Him or Her in respect or by reason of any of His or Her Ancestors Recusancy But if the Heir of a Papist shall happen to be within the Age of sixteen Years at the time of the Death of his Ancestor and shall after such Age be or become a Papist such Heir shall not be freed of the Penalty c. Unless He or She Conforms that the two parts of a Papists Lands shall go towards the satisfaction of the twenty pounds per Month forfeiture and after his Death shall remain in the Kings hands until the Arrears be satisfied that none shall send or cause to be sent any Person to any Colledge Seminary or house of Iesuites Priests or any other Papist Popish Order Professing or Calling whatsoever upon the Penalty of a hundred Pound forfeiture they that go or are sent are disabled to inherit purchase take have or enjoy any Estate whatever real or personal and all Estates or Terms conveyed to their Vse or in Trust for them are thereby made void and null That no Woman or Child under the Age of 21 Years shall go beyond Seas without License of the King or of six of the Privy Councel first had under their hands the Officer of the Port that suffers such to pass forfeits his Office and all his Goods and Chattels the Owner of the Ship his Ship and Tackle and the Master and Marriners their Goods and shall suffer twelve Months imprisonment without Bayl or Main prize Keeping School contrary to the Act forty Shillings forfeiture The Gunpowder-Treason in 1604. King James having by his Proclamation before the Parliament met and in his Speech at the opening of the Parliament thus freely declared against the Papists especially the Priests and Jesuites and the Parliament having made the said Law against them and they dispairing of any Tolleration in Matters of Religion which they had Petitioned for now to their old Work of Plotting again and a Plot they laid they did I say It was of that Nature that it is next to incredible that such a Complicated Villany should ever enter into the heart of Man quà Rational much more quà Christian but one would rather think it had been the product of a Consult in Hell amongst the Devils themselves and if degrees of wickedness can be allowed to be there amongst the worst of Devils too The Plot it self Foulis Hist l. 10. cap. 2. f. 507. Wilsons Hist f. 28. Bakers Chron. f. 507. The Actors in it The Plot was this with one blow to destroy King Queen Prince Nobles and Commons who were not Papists this is designed to be effected by blowing up the Parliament House when the King and Parliament were sitting and killing those of them who were not in the House The Persons concerned in this Plot were Robert Catesby the Contriver hereof Henry Garnet John Gerrard Oswald Tesmond and other Jesuites the Advisers thereto Thomas Piercy Robert Winter John Grant Ambrose Rookwood John Wright Francis Tresham Sir Everard Digby Guy Fauks Robert Keys Thomas Bates and others Assistants in carrying it on To carry on this Design when it was laid first an Oath of Secrecy was compiled and afterwards the Conspirators took the same and not only so but Garnet confest them and they afterwards received the Sacraments to bind them to the greater Secrecy the Oath was this You shall swear by the Blessed Trinity and by the Sacrament you now purpose to receive never to disclose directly or indirectly
by her Authority from any other whatsoever c. Dated at Rome at St. Peters c. 1. Feb 1608. Birket upon the Receipt of this Breve draws up and sends abroad this admonishing Letter To all the Reverend Secular Priests of ENGLAND Most Dearly beloved Brethren WHereas I have always desired to live without molesting or offending others Birkets Letter to the Popish Clergy against taking the Oath and going to Church Foulis Hist l. 10. cap. 3. f. 530. it cannot be but a wonderful corosive Sorrow and Grief unto me that against mine own inclination I am forced as you have seen by the Breve it self to prescribe a certain time for such as do find themselves to have been contrary to the Points which are touched in the said Breve concerning the Oath and going to Church that they may thereby return and conform themselves to the Doctrine declared by his Holiness both in this and the other former Breves And therefore now by this Present do give notice unto you all that the time which I prefix and prescribe for that purpose is the space of two Months next ensuing after the knowledge of this Admonition Within which time such as shall forbear to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein Yet signifying unto you withal that such as do not within the time prescribed give this Satisfaction I must tho much against my Will for fulfilling his Holinesses Commandments deprive them and denounce them to be deprived of all their Faculties and Priviledges granted by the See Apostolick or by any other Authority thereof unto them or to any of them and so by this Present do denounce hoping that there is no Man will be so wilful or disobedient to his Holinesses Order but will conform himself as becometh an obedient Child of the Catholick Church And so most heartily wishing this Conformity in us all and that we may Live and Labour together Unanimes in Domo Domini I pray God give us the Grace to effect that in our Actions whereunto we are by our Order and Profession obliged Your Servant in Christ George Birket Arch-Priest of England and Protonotary Apostolical This 2d of May 1608. There was by reason of these Bulls great Writing against the Lawfulness of Papists taking the Oath And it can't be but all of them who writ against it make this their Foundation That it takes away the Popes power of depriving Kings and absolving Subjects from their Allegiance So that certainly it was high time for the State to take care of the safety of their Religion and their Prince the Defender thereof The Parliament therefore in the Seventh Year of King James the First that they might know who were Friends to a Foreign power and consequently Enemies to the established Government made an Act of Parliament Intitled An Act for Administring the Oath of Allegiance and Reformation of married Women Recusants Which is the last Law I find made in this Kings Reign relating to the Papists The Preamble runs thus 7. Jac. 1. cap. 6. Rast Stat. 2. part f. 666. For taking the Oath of Allegiby Protestants as well as by Papists And Feme Courts Papists to Penalties VVHereas by a Statute made in the third Year of your Majesties Reign intituled An Act for the better discovering and repressing of Popish Recusants The form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by Bond of Allegiance but also by the Commandment of Almighty God ought to bear to your Majesty your Heirs and Successors which Oath such as are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof your Majesty hath heretofore undertaken and worthily performed to the great Contentment of all your Loving Subjects notwithstanding the Gain-sayings of contentious Adversaries And to shew how greatly your Loyal Subjects do approve the said Oath they prostrate themselves at your Majesties feet beseeching your Majesty that the same Oath may be Administred to all your Subjects To which end we do with all humbleness beseech your Highness that it may be Enacted And then To shew how greatly they approved the said Oath they desired it might be Administred to all the Subjects of England and accordingly it was Enacted That it should be taken by all Persons above the Age of eighteen Years The penalty for the refusâ—ing upon tender is Imprisonment without Bayl or Main-prize and disability to execute any place of Iudicature to bear any other Office to use or Practice the Common or Civil Law Physick or Chirurgery the Art of an Apothecary or any Liberal Science for His or Her gain By this Act a married Woman that is a Papist convict if she doth not within three Months after Conviction conform shall be committed to Prison without Bayl or Main-prize unless her Husband will pay ten Pounds a Mouth for the Wives offence or the third part of all his Lands c. for so long time as she remaining a Papist convict shall continue out of Prison during which time and no longer she may be at Liberty The Penal Laws in this Reign justified And certainly Watson and Clarks Plot the Gun-Powder Treason and the restless endeavours of the Pope and the Jesuits by his sending and their bringing over Bulls to alienate the Kings Subjects from their Allegiance will highly justifie the State in making these Laws against the Papists that were made in this Kings Reign And the more reasonable will they appear to be if it be considered that we do not find that he ever Executed one Person Priest Jesuit or other for Religion but all Died for Treason even Garnet himself was sorry that he could not Dye for Religion his guilt of Treason being so notorious And therefore these Plots Conspiracies and Treasons carry in the Face of them the greatest ingratitude imaginable The King in the Tenth Year of his Reign being affrighted with Henry the Fourth of France his being Stabbed by Ravilliac ventures upon a Proclamation King James his last Proclamation against the Jesuits Wilsons Hist f. 51 52. strictly commanding all Jesuits and Priests out of the Kingdom and all Recusants to their own Houses not to come within ten Miles of the Court and secures all the rest of his Subjects to him by an universal taking of the Oath of Allegiance which the Parliament both Lords and Commons then sitting began and the rest of the People followed (a) Wilsons Hist f. 25. Soon after this Parliament was Dissolved and Prince Henry was created Prince of Wales after which the Kings first Treaty for disposal of any of his Children was by his Leiger Ambassador in Spain with that King for the Lady Elizabeth (b) Wilsons Hist f. 91. Rushw Col. 1 part f. 1. and
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
and to employ the Power he left him to restablish him in the Estate and Dignitys of his Father on the 27th of March in the Twenty third Year of his Reign he gave up the Ghost From what Account I have given of Matters relating to the making the Penal Laws and the Reasons of not putting them in Execution in this Kings Reign I gather these things 1. That there is no heed to be taken to any promises made Advice given nor Oaths taken by Papists for if the Interest of the Popish Religion Intervenes the Promises Advice yea even the Oaths themselves must give way and 't is Meritorious too 2. That when it is to serve the Popish Interest they are allowed to deny the plainest truths although confest by Men in Articulo Mortis at the very point of Death 3. That whenever they are detected of any Conspiracy or Treason they immediately set their Wits to work to throw the odium of it upon some sort of Protestants or other nay sometimes they make it an essential part of the Conspiracy it self 4. That when they found themselves lost as to more private Conspiracies they involved Christendom in War to destroy the Protestant Interest upon the Colour of the Elector Palatines having Usurped the Crown of Bohemia notwithstanding he was legally Elected and made use of the Cowardise of King James to carry on that Design 5. That they want not Arts to deceive even Protestants themselves if they look not narrowly to them so much can they transform themselves into the likeness of Truth 6. That the loss of the Palatinate the differences between King James the first and his Parliaments the Spanish Treaty and at last the compleating the French Match were all carried on by Popish Intregues and to serve the Popes turn Certainly then there was good reason for the making the Penal Laws in this Kings Reign and the Parliament are greatly justified in pressing an Execution of them which had it been granted a Man may with good reason believe all the Civil Wars in the succeeding Reign had been prevented And this might lead me to show the share the Popish Party had in the beginning managing and carrying on that unhappy and ever to be lamented War but my design being only to show the reasonableness of making the Penal Laws against the Papists and there being but one Law made against them in this unfortunate Princes Reign I shall only give the grounds of making that Law and pass on to the Reign of his Son King Charles the Second CHAP. IX K. Ch. I. King Charles 1. His Accession to the Crown Bakers Chron. f. 451. Rushw Coll. 1 Pt. f. 165 167 170. KIng James the First being dead King Charles the First was immdiately Proclaimed he buried his Father the 7th of May 1625. The 13th of June in the same Year the Match between him and the French Kings daughter was consummated here in England A Chappel at Sommerset House was built for the Queen and her Family with conveniences thereunto adjoyning for Capuchin Fryers who were therein placed and had permission to walk abroad in their Religious Habits Thence forwards greater multitudes of Seminary Priests and Jesuites repaired into England out of foreign Parts then before The Parliament meet The 18th day of June the Parliament opened they after the usual Proceedings at the first sitting down Petitioned the King concerning Religion and against Papists he by his Answer gave them assurance of his real performance of what they desired in every particular Papists Pardon'd contrary to promise Rushw Coll. 1 Pt. f. 280. But notwithstanding this soon after his Majesty granted a Pardon to one Alexander Baker a Jesuite and unto ten other Papists which was gotten as there was information given by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees. And divers Copys of Letters and other Papers found by two Justices of Peace in the House of one Mary Estmonds in Dorsetshire were stifled by the Secretarys means The Commons upon these passages made observations First that the Pardon was dated the very next day after his Answer to their Petition Secondly That the Pardon dispensed with several Laws as 21. and 27. Eliz. and 3. Jac. provided to keep the Subjects in due obedience Thirdly That the Pardon was signed by the Principal Secretary of State. The Commons therefore declared that these actings tended to the prejudice of true Religion his Majesties dishonour the discountenancing of Ministers of Justice the grief of the good People the animating of the Popish Party who by such Examples grew more proud and insolent and to the discouragement of the High Court of Parliament The Petition concerning Religion and the Kings Answer take as they are printed in Rushworths Collection First Part f. 281. To the King 's Most Excellent Majesty Most Gracious Sovereign IT being infallibly true that nothing can more establish the Throne and assure the Peace and Prosperity of the People then the unity and sincerity of Religion we your most humble and Loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled and hold themselves bound in Conscience and Duty to represent the same to your Sacred Majesty together with the dangerous consequences of the increase of Popery in this Land and what we conceive to be the principal cause thereof and what may be the Remedies The Dangers appear in these Particulars 1. In their desperate ends being both the Subversion of the Church and State and the restlessness of their Spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good Service 2. Their evident and strict dependency upon such Foreign Princes as no way affect the good of your Majesty and this State. 3. The opening a way of popularity to the Ambition of any who shall adventure to make himself head of so great a Party The Principal Cause of the increase of Papists 1. The want of the due Execution of the Laws against Jesuits Seminary Priests and Popish Recusants occasioned partly by the Connivency of the State partly by defects in the Laws themselves and partly by the manifold abuse of Officers 2. The interposing of Foreign Princes by their Ambassadors and Agents in favour of them 3. Their great Concourse to the City and frequent Conferences and Conventicles there 4. The open and usual resort to the House and Chappels of Foreign Ambassadors 5. the Education of their Children in Seminaries and Houses of their Religion in Foreign Parts which of late hath been greatly multiplied and enlarged for the entertaining of the English 6. That in some places of your Realm your People be not sufficiently Instructed in the Knowledge of the true Religion 7. The Licentious Printing and Dispersing of Popish and Seditious Books 8. The Employment of Men ill affected in Religion in
the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and
made the Papists were ingaged in a most Horrid Plot against the Protestant Religion and the Parliament having now made this Act whereby the Papists are excluded from all Places of Profit and Trust it is not hard to believe that their Malice was thereby greatly heightned and their Rage very much increased against the Protestants and their Actings put it beyond doubt that it was so For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction and so inhumane were they that notwithstanding the late King Charles the Second's Kindness to them yet unless he would fully comply with them in the butchering his Protestant Subjects extirpating the Protestant Religion which they called a * Coleman's Tryal p. 69. Pestilent Heresie and the introducing of the Romish Superstition and Idolatry he must be taken out of the way to make room for one that would I confess I have met with very many that have owned the Dis-believing of any such Design but when I seriously reflect upon the Letters that were produced against Mr. Coleman and owned by himself to be his when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot that was discovered in 1678. and the Agreement that there is in the Substance of the thing although there may be some Variations as to Circumstances when I consider the Witnesses were Strangers to one another that did so agree in their Testimony and that the Discovery was so sudden and the Witnesses came in so quick one after another after the Discovery that it is not to be presumed there could be any Subornation when I consider the Credit they had with the King himself and with four Parliaments when I consider the great Attempts notwithstanding to take the Odium off the Papists and cast it upon the Protestants when I consider the unwearied Pains taken by the Papists and some that are much worse because they espoused their Cause under a Protestant Vizar to lay the Murther of Sir Edmond-Bury-Godfrey at the Protestants Door and to wipe off the Stain thereof from the Papists when I consider the Methods that were taken in the late King James the Seconds his Reign so exactly pursuant to what was designed in case Charles the Second had fallen as was contrived * Either by Shooting Poison or Stobing the first of which Methods was by granting a general †The Declaration for Liberty of Conscience Designed to be published in case the Popish Plot had then taken effect you may find printed in Coleman's Trial p. 58. Liberty of Conscience and thereby deluding divers Protestants to serve a Popish Interest although against their Wills it is to me matter of Amazement that there should remain the least doubt of the Truth of that Plot in the Minds of any that are really Protestants especially when I consider that there wanted nothing in the late King James's Reign but a Parliament to take off the Penal Laws and Tests to bring that Popish Plot to the highest Perfection that the Papists ever designed and what Endeavors there were to obtain that is sufficiently known To run through the whole Series of that Popish Plot would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its Design can warrant which is the publick Good and therefore as a Confirmation of the Truth of that Plot and to refresh the Memory of those who perhaps are willing to forget it I shall here only insert Coleman's Letters as you will find them printed in his Tryal and also Bedloes Depositions as they were taken before and printed by Sir Francis North then Lord Chief Justice of the Common-Pleas and afterwards made Lord Keeper of the Great Seal of England for the good Services he had done the Crown Coleman's Letters are as followeth Mr. Coleman's First Letter SInce Father St. German has been so kind to me Coleman 's Tryal p. 44. as to recommend me to your Reverence so advantagiously as to encourage you to accept of my Correspondency I will own to him that he has done me a Favour without consulting me greater than I could have been capable of if he had advised with me because I could not then have had the Confidence to have permitted him to ask it on my Behalf And I am so sensible of the Honour you are pleased to do me that though I cannot deserve it yet to shew at least the Sense I have of it I will deal as freely and openly with you this first time as if I had had the Honour of your Acquaintance all my Life And shall make no Apology for so doing but only tell you that I know your Character perfectly well though I am not so happy as to know your Person and that I have an Opportunity of putting this Letter into the Hands of Father St. Germans Nephew for whose Integrity and Prudence he has undertaken without any sort of Hazard In order then Sir to the plainness I profess I will tell you what has formerly passed between your Reverences Predecessor Father Ferryer and my self About three Years ago when the King my Master sent a Troop of Horse Guards into his most Christian Majesties Service under the Command of my Lord Durass he sent with it an Officer called Sir William Throckmorton with whom I had a particular Intimacy and who had then very newly imbraced the Catholic Religion to him did I constantly write and by him address my self to Father Farryer The first thing of great Importance I presumed to offer him not to trouble you with lesser Matters or what passed here before and immediately after the fatal Revolution of the Kings Declaration for Liberty of Conscience to which we owe all our Miseries and Hazards was in July August and September 1673. when I constantly inculcated the great Danger the Catholic Religion and his most Christian Majesties Interest would be in at our next Sessions of Parliament which was then to be in October following at which I plainly foresaw that the King my Master would be forced to something in prejudice to his Alliance with France Which I saw so evidently and particularly that we should make Peace with Holland that I urged all the Arguments I could which to me were Demonstrations to convince your Court of that Mischief and pressed all I could to perswade his most Christian Majesty to use his utmost Endeavor to prevent that Session of our Parliament and proposed Expedients how to do it But was answered so often and so positively that his most Christian Majesty was so well assured by his Embassador here our Embassador there the Lord Arlington and even the King himself that he had no such Apprehensions at all but was fully satisfied to the contrary and looked upon what I offered as a very zealous Mistake that I was forced to give over arguing though not believing as I did
An Historical ACCOUNT Of Making the PENAL LAWS By the PAPISTS against the PROTESTANTS And by the PROTESTANTS against the PAPISTS WHEREIN The true Ground and Reason of Making the Laws is given the PAPISTS most Barbarous Usuage of the PROTESTANTS here in England under a Colour of Law set forth and the Reformation Vindicated from the Imputation of being Cruel and Bloody unjustly cast upon it by those of the Romish Communion By Samuel Blackerby Barrister of Grays-Inn Summa est ratio quae pro Religione facit Co. 5.14 b. LONDON Printed for William Churchill at the Black-Lyon in St. Paul's Church-Yard and John Weld at the Crown between the Temple-Gates in Fleet-Street MDCLXXXIX Licensed By Command of the Right Honorable the Earl of Shrewsbury Principal Secretary of State. The 10 th of May 1689. JA. VERNON To the Right Honorable CHARLES EARL of MONMOUTH VISCOUNT MORDANT OF AVILAND BARON of RIGATE ONE of their MAJESTIES most Honorable PRIVY-COUNCIL And the FIRST of the LORDS COMMISSIONERS Of their MAJESTIES TREASURY c. This Historical Account of making these Penal Laws is most humbly Dedicated by the Author His Lordships Most Humble and most Obedient Servant AN HISTORICAL ACCOUNT Of making the Penal Laws By the Papists against the Protestants and by the Protestants against the Papists CHAP. I. Rich. II. BY the 1 Mirror of Justices f. 152. Common Law of England the punishment of Heresie was burning the Heretick by vertue of the Writ de Haeretico comburendo 2 Fitz. Natur. Brev. f. 269. which was first to issue What was accounted Heresie before the time of Ed. the 3 d I shall not enquire That the Church of Rome hath always termed those Hereticks who have opposed her Innovasions and Corruptions can't be denyed and is sufficient to my purpose The first of these that apppeared in England was John Wickliffe in the latter end of the Reign of King Ed. the 3 d in the year 1371. And therefore there was no occasion for putting the Law in Execution till his time but upon his appearance he Preaching and Teaching several Doctrines that tended to a Reformation the Romish Clergy fond of their Diana presently endeavours to silence him which they had done had not the favour of some great men at that time stopt their proceedings against him so that notwithstanding their Rage and Malice against him he at last dyed in his Bed But such an Implacable Hatred they bore to his Memory because he had begun to dispel those Clouds of Darkness and Ignorance with which this Church of England was then overspread that they 3 Ex actis Consilii Constan Procured a Decree of the Synod of Constance for the taking up his Body and Bones to be burnt one and forty years after he was buried for being an obstinate Heretick In obedience to which Decree the Popish Clergy in the time of King Richard the 2 d took up his Bones out of his Grave and burnt them and cast the Ashes into a River Such Enemies were they then to Christ's Religion that they would not suffer the Ashes of this great Luminary to rest lest as they were superstitious enough to think they should again revive to make a further discovery of their Works of Darkness In this 4 Trussel's Continuation of Daniel's History of England fol. 49. King's Reign execution by Fire was first put in practice within this Realm for opposing the Superstition and Idolatry of the Church of Rome Before this time there being no Statute to punish the Oppugners of the Romish Innovasions and Corruptions in matters of Doctrine and Worship The Clergy of the Romish Church made use of the weakness of R. 2. and prevailed with him to consent to the owning a supposititious Law of their own contriving and drawing up without the consent of the Commons Co. Inst 3. p. fol. 40 41. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to arrest such as should be certified into the Chancery by the Bishops and Prelates to be Preachers of Heresie and notorious Errors their Fautors Maintainers and Abettors and to hold them in strong Prison until they would justifie themselves to the Law of Holy Church Which Act of Parliament was the first that was made against them that preached against the Church of Rome under the Notion of their being Hereticks who were then called Wicklivites The Act it self I have here inserted as it is Printed in Rastal's Statutes 5 R. 2. Ca. 5. Rast Stat. f. 140. The Wicklivites to be imprisoned Forasmuch as it is openly known that there be divers evil persons within the Realm going from County to County and from Town to Town in certain habits under dissimulation of great Holyness and without the Lycens e of the Ordinacies of the places or other sufficient Authority Preaching daily not only in Churches and Church-yards but also in Markets Fairs and other open places where a great Congregation of people is divers Sermons containing Heresies and notorious Errors to the great embleamishing of the Christian Faith and destruction of the Laws and of the estate of Holy Church to the great peril of the souls of the people and of all the Realm of England as more plainly is found and sufficiently proved before the Reverend Father in God the Arch-Bishop of Canterbury and the Bishops and other Prelates Masters of Divinity and Doctors of canon and of civil Law and a great part of the Clergy of the said Realm especially assembled for this cause which persons do also preach divers matters of slander to engender discord and dissention betwixt divers Estates of the said Realm as well Spiritual as Temporal in exciting of the people to the great peril of all the Realm which Preachers cited or summoned before the Ordinaries of the places there to answer of that whereof they be Impeached will not obey to their Summons and Commandments nor care not for their Monitions nor Censures of the Holy Church but expresly despise them and moreover by their subtil and ingenious words do draw the people to hear their Sermons and do maintain them in their Errors by strong hand and by great Routs It is ordained and assented in this present Parliament that the King's Commissions be made and directed to the Sheriffs and other Ministers of our Soveraign Lord the King or other sufficient persons Learned and according to the Certifications of the Prelates thereof to be made in the Chancery from time to time to arrest all such Preachers and also their Fautors Maintainers and Abettors and to hold them in Arrest and strong Prison till they will justifie them according to the Law and Reason of Holy Church and the King will and commandeth That the Chancellor make such Commissions at all times that he by the Prelates or any of them shall be certified and thereof required as is aforesaid By this Act it appears that there were then several persons who would not
or privily without the Lycense of the Diocesan of the same place first required and obtained Curates in their own Churches and persons hitherto priviledged and other of the Cannon Law granted only except Nor that none from henceforth any thing preach hold teach or instruct openly or privily or make or write any Book contrary to the Catholick Faith or determination of the Holy Church nor of such Sect and wicked Doctrines and Opinions shall make any Conventicles or in any wise hold or exercise Schools and also that none from henceforth in any wise favour such preacher or maker of any such and like Conventicles or holding or exercising of Schools or making or writing such Books or so teaching informing or exciting the people nor any of them maintain or any wise sustain and that all and singular having such Books or any Writings of such wicked doctrines and opinions shall really with effect deliver or cause to be deliverd all such Books and Writings to the Dyocesan of the same place within forty days from the time of the Proclamation of this Ordinance and Statute And if any person or persons of whatsoever kind estate or condition that he or they be from henceforth do attempt against the Royal Ordinance and Statute aforesaid in the premises or in any of them or such books in the forme aforesaid do not deliver then the Diocesan of the same place in his Dyocess such person or persons in this behalf defamed or evidently suspected and every of them may by the Authority of the said Ordinance and Statute cause to be arrested and under safe custody in his prisons to be detained till he or they of the Articles laid to him or them in this behalf do canonically purge him or themselves or else such wicked Sect Doctrines Preachings and Heretical and Erroneous Opinions do abjure according as the Laws of the Church do require so that the said Diocesan by himself or his Commissaries do openly and judiciously proceed against such persons so arrested and remaining under his safe Custody to all effect of the Law and determine that same business according to the Canonical Decrees within three months after the said arrest any lawful impediment ceasing And if any person in any case above expressed be before the Diocesan of the place or his Commissaries Canonically convict then the same Diocesan may do to be kept in his prison the said person so convict for the manner of his default and after the quality of the offence according and as long as to his discretion shall seem expedient and moreover to put the same person to the secular Court except in cases where he according to the Canonical Decree ought to be left to pay to our Soveraign Lord the King his pecuniar fine according as the same fine shall seem competent to the Diocesan for the manner and quality of the offence in which case the same Diocesan shall be bound to certifie the King of the same Fine in his Exchequer by his Letters Patents sealed with his seal to the effect that such Fine by the King's Authority may be required and levyed to his use of the goods of the same person so convict And if any person within the said Realm and Dominion upon the said wicked preachings doctrines opinions schools and heretical and erroneous informations or any of them be before the Diocesan of the same place or his Commissaries sententially convict and the same wicked Sect preachings doctrines and opinions schools and informations do refuse duely to abjure Or by the Diocesan of the same place or his Commissaries after the abjuration made by the same person pronounced fall into relaps so that according to the holy Canons he ought to be left to the secular Court whereupon credence shall be given to the Diocesan of the same place or to his Commissaries in this behalf then the Sheriff of the County of the same place and Mayor and Sheriffs or Sheriff or Mayor and Bayliffs of the City Town and Burrough of the same County next to the same Diocesan or the said Commissaries shall be personally present in preferring of such sentences when they by the same Diocesan or his Commissaries shall be required and they the same persons and every of them after such sentence promulgate shall receive and them before the people in a high place do to be burnt that such punishment may strike in fear to the minds of other whereby no such wicked Doctrine and Heretical and Erronious Opinions nor their Authors and Fautors in the said Realm and Dominions against the Catholick Faith Christian Law and Determination of the holy Church which God prohibit be sustained or in any wise suffered in which all and singular the premises concerning the said Ordinance and Statute the Sheriffs Mayors and Bayliffs of the said Counties Cities Burroughs and Towns shall be attending aiding and supporting to the said Diocesans and their Commissaries From the Preamble of which Act of Parliament and the Act it self I observe three things 1 st That it being soon after the death of Wickliffe the persons there mentioned to have had a new Faith about the Sacraments of the Church and the Authority of the same and that Preached without authority that gathered Conventicles taught Schools and wrote Books against the Catholick Faith with many other hainous aggravations had been the followers of Wickliff and were then of John Huss and Jerom of Prague and the rest of the Reformers from Popery and were carrying on that Blessed Work as fast as they could 2ly That the end and Design of this Law was That that Sect as the Act calls them their Preachings Doctrines and Opinions should from thenceforth Cease and be utterly destroyed And 3dly That in order thereunto by this Statute The Sheriffs or other Officers were immediately to proceed to the burning of Hereticks i. e. Protestants without any Writ or Warrant from the King without which Writ as I observed before they could not proceed to burn any Person and accordingly they proceed in burning the Professors of the true Religion all the Reign of King H. the 4th CHAP. III. Hen. V. IN the beginning of the Reign of King Henry the 5th by reason of a pretended Conspiracy a more severe Act was made against the Professors of the true Religion whom they then called Lollards by which Act all Officers of State Judges By this Law the Lollards or Professors of the true Religion forfeit real and personal Estate to the King. Justices of the Peace Mayors Sheriffs and Bailiffs were to be sworn when they took their Imployments to use their whole Power and Diligence to destroy all Heresie and Errors called Lollardies and to assisst the Ordinaries and their Commissaries in their Proceedings against them and that the Lollards should forfeit all the Lands they held in Fee simple and their Goods and Chattels to the King. Which Act that the Papists may not have the least colour to contradict what I say I
have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
ten days if he may by any means for sickness and every Ordinary shall have sufficient Commissaries or Commissary dwelling in every County in a place notable so that if any such person so indicted be taken that the said Commissaries or Commissary may be warned in the notable place where he dwelleth by the Sheriff or his Officers to come to the King's Iayl in the same County there to receive the same persons so indicted by Indentures as before And that in the inquest in this case to be taken the Sheriffs and other Officers to whom it belongeth shall do to be Impannel'd good and sufficient persons not suspected nor procured that is to say that every of them which shall be so Empanell'd in such Inquest have within the Realm of England an hundred Shillings of Lands Tenements or of Rent by the year upon pain to lose to the King's use 10 l. and they which shall be Impannell'd in such Inquests in Wales every of them shall have to the value of 40 s. by year and if any such person be arrested be it by the Ordinary or by the King's Officers or Ministers and escape or break the prison before that he be acquit before the Ordinary the Goods and Chattels which he had the day of such arrest shall be forfeit to the King and his Lands and Tenements which he had the same day seized also in the King's hands the King shall have the profits thereof from the same day until he be yeilden to the prison from which he escaped and that the aforesaid Iustices have full power to enquire of all such Escapes breaking of Prison and also of Lands and Tenements Goods and Chattels of such persons so indicted provided also that if any such person indicted do not return to the said prison and dieth not convict it shall be lawful to his Heirs to enter into the Lands and Tenements of their Ancestor without any other pursuit making to the King for this cause and that all they which have Liberties and Franchises Royal in England as in the County of Chester the County and Liberty of Durham and other like and also the Lords which have Iurisdiction and Franchises Royal in Wales where the King's Writs do not run have power to execute and put in due execution these Articles in all points by them or by their Officers in like manner as the Iustices and other the King's Officers before declared should do By which Act it plainly appears that the Professors of the true Religion were not only to suffer in their own persons by being most inhumanly burnt but their very Wives and Children must feel the effects of Popish Cruelty having nothing left by this Law whereby to support their Families CHAP. IV. Hen. VIII THE three Laws in the precedent Chapters mentioned were put in severe Execution during the Reigns of R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. and to the twenty fifth year of Henry the 8 th during which time the Whore of Babylon made her self drunk with the Blood of the Saints not only halling them to prison but burning their Persons and ruining their whole Families In which time divers were Martyred purely to please and gratifie the Popish Clergy for whatever they said was Heresie must be so upon which Account they run the Persecution so high that in 25 H. 8. about which time the Professors of the true Religion were first called Protestants the Parliament began to consider That Heresie was no where defined and made an Act of Parliament for the Punishment of Heresie but by it repealed the Statute of 2 H. 4. ca. 15. the preamble of which Act doth declare That the Clergy did upon their suggestions obtain the said Act 25 H. 8. ca. 14. Rast Stat. fo 537. By this Law Protestants were to abjere or be burnt but that the same did not in any part thereof declare what was Heresie and that the word Canonical Sanctions are so general that it was difficult to avoid the Penalties of the Act in case he should be examined upon captious interrogatories as the Ordinaries did then use to persons suspect of Heresies and that all such proceedings were against the antient Laws of the Kingdom and for those reasons did repeal the said Act of 2 H. 4. ca. 15. and for redress of Heresie did establish 5 R. 2.5 and 2 H. 5.7 and did enact that Sheriffs in their Turns and Stewards in their Leets Rapes and Wapentakes should have Authority to enquire of Hereticks and every such Presentment made in any Turn Leet Co. Inst 2.658 Bulst 3.51 c. concerning Hereticks should be certified to the Ordinary and every person presented or indicted of any Heresie or duly accused by two lawful Witnesses might be cited arrested or taken by an Ordinary or other of the King's Subjects and committed to the Ordinary to answer in open Court and being convict should abjure his Heresies and refusing so to do or falling into a relapse should be burnt in an open place for Example of others By this Act indeed some part of the Common Law as to the Tryal of the Parties guilty seems to be restored but they could not yet think of parting with the severity of the Penalties I mean burning their Persons and confiscating their Estates and that the World might at length know who were deemed Hereticks and who not for before it was no where defined what Heresie was in the 31 st of H. 8. ca. 14. 31 H. 8. ca. 14. Rast Stat. fol. 652. By this Law Protestants are made Traytors Felons and guilty of a premunire An Act of Parliament was made called an Act for abolishing of Opinions in certain Articles concerning Christian Religion six Articles were agreed on and consented to viz. 1. That in the most Blessed Sacrament of the Altar by the strength and efficacy of Christ's mighty word it being spoken by the Priest is present really under the form of Bread and Wine the natural Body and Blood of our Saviour Jesu Christ Conceived of the Virgin Mary and that after the Consecration there remaineth no substance of Bread or Wine nor any other substance but the substance of Christ God and Man. 2. That the Communion in both kinds is not necessary ad salutem by the Law of God to all persons and that it is to be believed and not doubted of but that in the Flesh under the form of Bread is the very Blood and with the Blood under the form of Wine is the very Flesh as well a part as though they were both together 3. That Priests after the Order of Priesthood received may not marry by the Law of God. 4. That Vows of Chastity Widdowhood by Man or Woman made to God advisedly ought to be deserved by the Law of God and that it exempts them from other Liberties of Christian People which without that they might enjoy 5. That it is meet and necessary that private Masses be continued and
admitted in the King 's English Church and Congregations as whereby good Christian People ordering themselves accordingly do receive both Godly and goodly consolations and benefits and it is agreeable also to God's Law. 6. That Auricular Confession is expedient and necessary to be retained and continued used and frequented in the Church of God. He that by word of Mouth Writing Printing Cyphering or in any otherwise doth Publish Preach Teach Say Affirm Declare Dispute Argue or hold any Opinion contrary to the first Article is by that Act of 31 H. 8. ca. 14. Declared a Heretick to suffer Death by burning and to forfeit his Estate as in case of High Treason The publick Preaching and affirming in a Court of Justice any thing contrary to the other five Articles and Marrying after a vow of Chastity is declared Felony without Benefit of Clergy and to forfeit as in cases of Felony And if any Person by Words Writing Printing Cyphering or otherwise publish declare or hold Opinion contrary to the said five Articles he forfeits his Goods and Chattels for ever the Profits of his Lands Tenements and other his real Estate during his life his Spiritual Promotion shall be utterly void and his body imprisoned at the King's Pleasure for the first offence and for the second offence to be adjudg'd a Felon and suffer and forfeit as a Felon without Benefit of Clergy By which Act it plainly appears that the denying of Transubstantiation was by this Law made High Treason The publishing or holding the necessity of Receiving in both kinds the lawfulness of Priests Marrying the unlawfulness of vowing Chastity of private Masses and Auricular Confession was no less than Felony or at least a Premunire So that in a word to be a Protestant was to be a Traytor a Felon or subject to a Premunire And could they have found any punishment inflicted by our Laws that is worse they would no doubt have made the Protestants subject to it and that not as Offenders against the Polity of the Civil State but purely upon the Account of their Religion And therefore the next thing that is done by these destroyers of Souls as well as Bodies is to take away all means of Knowledge as well as to inhibit the Promulgation thereof upon such severe Penalties and for that purpose was the Act of 34 H. 8. ca. 1. made Whereby 34 H. 8. ca. 1. Rast Stat. p. 782. The means of Knowledge in Religion taken away by this Act from the Protestants All Books of the Old and New Testament in English being of Tindal's Translation or Comprising any matter of Christian Religion Articles of the Faith or holy Scripture contrary to the Doctrine aforesaid i. e. the Doctrine of Popery and set forth after the year 1540 or then to be set forth by the King were utterly abolished no Printer or Bookseller was to utter any of the aforesaid Books no person was to play in enterlude sing or rhyme contrary to the said Doctrine no person was to retain any English Books or Writings concerning matter against the Holy and Blessed Sacrament of the Altar i. e. the Mass or other Books abolished by the King's Proclamation there was to be no annotations or preambles in Bibles or New Testaments in English The Bible was not to be read in English in any Church no Women or Artificers Prentices Iourneymen Servingmen of the degrees of Yeomen or under Husbandmen nor Labourers should read the new Testament in English Nothing was to be taught or maintained contrary to the King's Instructions which were for the suppressing Heresie or Protestantism and if any Spiritual person should preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and should be thereof Convict he should for his first Offence recant for the second abjure and bear a Fagot and for his third should be adjudged an Heretick and be burnt and lose all his Goods and Chattels And whoever will take the pains to read over 1 Dr. Burnet the History of the Reformation together with 2 Fox the Book of Martyrs of which Book Dr. Burnet in his Preface to the first part of his History of the Reformation saith that he having compared his Acts and Monuments with the Records had never been able to discover any Errors or Prevarications in them but the utmost fidelity and exactness will find so many instances of putting all these bloody Laws before mentioned in Execution as I perswade my self that there are some Papists would e'en blush at and be throughly ashamed of and if they have any thing of Humanity in them must utterly abhor But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants the Reformation in King Edward the 6 th's time of Glorious Memory intervening I shall shew how the Reformers used the Papists in his Reign CHAP. V. Ed. VI. IT may be expected that I should say something of Henry the 8 th's Reformation But as to what was done in Henry the 8 th's time I shall not trouble the Reader with any thing because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good that he concludes his first part of the History of the Reformation Hist of the Reformation vol. 1. p. 362. with this speaking of Henry the 8 th I do not deny that he is to be numbred among the ill Princes yet I can't rank him with the worst Which Character certainly the preceeding account of the Laws made in his time against the Protestants does evidence to be very favourable to him I shall therefore begin with the Laws made in the Reign of King Edward the 6 th and the manner of introducing them King Edward the 6 th coming to the Crown young and Cranmer and others designing throughly to reform the Church of England from the Errors and Corruptions that were crept into Her during the time she was under the Popish Tyranny The first step that was set in order to it was the visiting the Clergy quite over England and compiling some wholesome Homilies Mild Methods us'd by King Ed. the 6th before any Laws made to supply the defect of Sermons by reason of the ignorance of the then Clergy and to prevent unnecessary Disputes in the Pulpits Their Articles and Injunctions for the Visitation were to be observed under the pains of Excommunication Sequestration or Deprivation not upon the Penalty of being burnt as a Heretick or forfeiture either of Lands in fee simple or Goods or Chattels or either or any of them This was done before the Parliament was called November the 4 th 1547. The Parliament met and the first Act of Parliament that was made was an Act against such as should unreverently speak against the Sacrament of the Altar and of the receiving thereof under both kinds which Act of Parliament in the Preamble takes notice That the King
Estates in her quarrel The Earls of Bath and Suffolk raised Forces and joyned with her so did the sons of the Lord Wharton and Mordant Hist Ref. 2. pt lib. 2. p. 237 238 239 240 242 245. with many more the Council raised Forces too but her numbers encreasing greatly and she growing very strong the Council laid down and submitted and the 10 th of July 1553 Proclaimed her Queen the 3 d of August in the same year she entred London and was setled in the Throne without effusion of Blood. A wonderful Mercy to her What returns to God Almighty the Author and to the Suffolk men the Instruments hereof Why the first thing was secret consultations for the overthrowing the Reformed Religion and introducing the Popish however there must be something externally done that may induce people to believe the contrary and therefore August the 12 th the Queen declares in Council that altho' her Conscience was stayed in the matters of Religion yet she was resolved not to compel or strain others otherwise than as God should put into their hearts a perswasion of that truth she was in and this she hoped should be done by the opening his word to them by Godly Learned and Vertuous Preachers And well she kept this Declaration for the next thing that she did was to inhibit all Preaching so that they were like to be prevail'd with by Preaching to be of the Queen's Perswasion But let us see how the Norfolk and Suffolk men were requited for their kindness to her in hazarding their Lives and Estates if not their Souls for her why Queen Mary's Requital they of the Protestants presuming upon what they had merited Hist Ref. 2. pt lib. 2. p. 246 247. and the Queen's promise to them took the Liberty to Preach notwithstanding the Queen's Inhibitions and she writes to have a strict Execution of her injunctions against any that should Preach without License they upon this apply themselves to her to put her in mind of her promise This was thought insolent and she return'd no other answer A Popish Head of a Protestant Church but that they being Members thought to rule her who was their Head but they should learn the Members ought to obey the Head and not to think to bear rule over it and as an instance of it she ordered one of them whose name was Dobb to stand three daies in the Pillory and afterwards the Suffolk men were the first in her Reign that tasted of the burning for Heresie Neither was she any kinder to Judge Hale who was the only Judge of the twelve that declared for her for he in his charge in the Circuit in Kent requiring an Execution of the Laws made in King Edward's Days which were still in force and unrepealed was first committed to the Marshalsea afterwards to the Fleet where being distracted attempted to have killed himself with a Pen-knife and being afterwards upon his submission discharged never came to his Wits but drowned himself from these things it was then said with a great deal of truth The Case of the Bishop of London Magdalen Colledge the Judges Holloway and Powel and the Officers in the Army in the Reign of James the 2d Hist Ref. part 2. f. 252. 1 Mar. ca. 1. Rast Stat. f. 1066. Keble 708. This takes away all Treasons made so by Act of Parliament after 25 E. 3. and restrains it to 25 Ed. 3. this done in favour of the Papists who were made Traitors by several Acts of Parliament as appears from very late instances that no merits or services can secure any from the cruelties of the Popish Religion These things together with Imprisoning divers of the Protestant Bishops and Ministers of Parishes were done from her entrance in July to October following in the which Month she was Crowned and having before summoned a Parliament the same opened the 10 th day of the same Month of October according to Doctor Burnet but the 5 th of October according to Rastal and Keeble's Statutes In the first Session of this Parliament a Law was made to repeal and take away certain Treasons Felonies and Premunires introduced with a most specious Preamble which is this Forasmuch as the State of every King Ruler and Governour of any Realm Dominion or Commonalty standeth and consisteth more assured by the love and favour of the Subjects towards their Soveraign Ruler and Governor then in the dread and fear of Laws made with rigorous pains and extream punishments for not obeying their Soveraign Ruler and Governors and Laws also justly made for the preservation of the Common-Weal without extream punishment or great Penalty are more often for the most part obeyed and kept then Laws and Statutes made with great and extream punishment and in special such Laws and Statutes so made whereby not only the ignorant and rude unlearned people but also learned and expect people minding honesty are often and many times trapped and snared yea many times for words only without fault or dred done or perpetrated The Queens Highness most Excellent Majesty calling to remembrance that many as well honourable as Noble Persons as others of good Reputation within this her Graces Realm of England have of late for words only without other Opinion Fact or Deed suffered shameful death not accustomed to Nobles her Highness therefore of her accustomed Clemency and Mercy minding to avoid and put away the occasion and cause of like chances hereafter to ensue trusting her loving Subjects will for her Clemency to them shewed love serve and obey her Grace the more heartily and faithfully then for dread or fear of pains of body is content and pleased that the severity of such like extream dangerous and painful Laws shall be abolished adnulled and made frustrate and void Then Repeals actually all Laws that made any thing high Treason but what is so made by the 25 th of Edward the 3 d except such as had incurr'd any guilt before the last day of September then last past or were excepted in her Highness Pardon and also repeals all Felonies and Premunires made so since the 1 st of Henry the 8 th O Blessed Preamble O Blessed Law full of Mercy full of Kindness but to whom To all her loving Subjects Who are they the Protestants No by no means they are Hereticks To none but those of her own Communion who must necessarily have been guilty of the Breach of those Laws and it was therefore necessary to repeal them that they might become serviceable in carrying on Popish Designs That the Protestants were not intended it 's plain by the Exception and the severe usage of them afterwards to make way for which in the Second Session of that Parliament after she had got her 1 1 Mar. Sess 2. ca. 1. Rast Stat. f. 1067. Title setled by Act of Parliament the next thing she aimed at and obtained was an 2 2 Mar. ca. 2. Rast Stat. f. 1068. Keble
Benefices might be confirm'd 4 th That all judicial Process might be confirmed And at last a Proviso that all the Settlements of the Lands of any Bishopricks Monasteries or other Religious Houses might continue as they were without any trouble by the Ecclesiastical Censures and Laws So hard a matter is it to dispossess men of Temporal advantages when once they are possest of them that altho' this Parliament would be reconciled to the See of Rome as to Religious Rites and persecuting the Protestants yet they could not be brought to part with the Church Lands By this Parliament another worse Law was made whereby it was Enacted that if any Person should pray or desire that God would shorten the Queens Days or take her out of the Way or any such Malicious Prayer 1 2 Ph. and Mary ca. 9. Rast Stat. f. 1115. Keble 731. Treason to pray against the Queen amounting to the same Effect He his Procurators and Abettors should be Traytors I don't find in History that the Protestants in any of their Prayers or otherwise used any such kind of Expressions against Queen Mary and therefore can assign no reason why she should make this Law unless she was Conscious to her self that what Severities she had already acted what she had made preparation for and was further designing might force such Prayers and Expressions from the poor Oppressed and Persecuted Protestants that what the Wise Man said might be verified Oppression makes a Wise Man mad and truly nothing but a Mad Man can be supposed to utter such Expressions much less make such Prayers I find no more Laws made in her time relating to Religion and indeed one would think that the Repeal of the Laws that were made for the Establishing the Reformation and the reviving all the Bloody Laws that were made against the Protestants together with the additional ones above mentioned had been sufficient to have gratified the most Barbarous Blood-thirsty and Cruel Tyrant But O Popery when wilt thou be satisfied with Cruelties Will not the Blood of Rogers Hist Ref. part 2. f. 305. King Philip's dislike of Popish Guilty Hooper Sanders and Taylor spilt by virtue of these Laws satisfie thee King Philip it did so far as that upon the dislike the Nation shewed of spilling the Blood of those four Ministers he cleared himself of having any hand in it and Alphonsus a Franciscan Fryer that was his Confessor in a Sermon before him the 10 th of February 1655. preached largely against the taking away peoples Lives for Religion which I shall hereafter evince can't be justly laid to the Charge of the Protestants and in plain Terms inveighed against the Bishops for doing of it he said they had not learnt it in Scripture which taught Bishops the Spirit of Meekness to instruct those that opposed them and not to burn them for their Consciences This startled the Bishops since it was now plain that the Spaniards disowned these extream Courses and hereupon there was a stop for several Weeks put to any further severities But the Popish Clergy being once engaged in Blood have been always observed to become the most Brutally cruel of any sort of men so that it was not easie to restrain them and therefore they Resolved rather than the Hereticks i. e. Protestants should not be persecuted to take the Blame avowedly on themselves Queen Mary encourageth the Popish Priests Cruelty to the Protestants Hist Ref. p. 2. f. 242. And no wonder when they were countenanced and encouraged in it by the Queen her self as is plain from this very instance that in August after she came to the Crown there being a Conference about bringing Popery in again in what time by what means and to what height on the one hand Gardiner and all his Party were for bringing Religion back to what it had been at King Henry's death and afterwards by slow Degrees to raise it up to what it had been before his Breach with the Papacy But on the other hand the Queen of her own Inclination was much disposed as another of the same Perswasion lately was no doubt to return immediately to the Union of the Catholick Church as she called it and to evidence it after a Petition sent to her Hist Ref. pt 2. fol. 305 306 307. from some beyond Sea who were out of her Power against Persecuting the Members of Christ instead of hearkening to it she was the more enraged by it and the Popish Clergy were set on work to write Arguments to justifie the persecuting of Hereticks Which they accordingly did This being the Temper of this Queen no wonder they proceeded soon after to burn Thomas Tomkins William Hunter Causton and Highed William Pigot Stephen Knight all Lay men and John Lawrence a Priest The Clergies way of proceeding against the Protestants In all the Popish Bishops proceedings against the Protestants they brought no Witnesses against them but did only exhibit Articles against them according to the way of those Courts and our late High Commission Court called ex Officio and required them to make answer and upon their Answers which were Judged Hereticks they were Condemned so that all this was singly for their Consciences without the pretence of any other matter The next that suffered in this way was Ferrar Bishop of St. Davids and after him one Rawlins White a Fisher-man and George March a Priest the next were Cardmaker a Prebendary at Bath John Warne an Upholsterer the next to him was one that was burnt as it were in Effigie the story is so remarkable I cannot let it pass A Felon proceeded against for Heresie after he was hang'd One Tooly being Executed for a Robbery did at his death say something that savoured of Heresie upon which the Council writ to Bonner which must be at the Queens Instigation to inquire into it and to proceed according to the Ecclesiastical Laws he thereupon formed a Process and cited the dead Body to answer the Points objected to him but he to be sure neither appearing nor answering was condemned and burnt The next that followed were Thomas Hawk John Simson and John Ardly John Wats Nicholas Chamberlaine Thomas Ormond and William Bainford all Lay-men Then followed Bradford Ridley and Latimer Philpot Cranmer and abundance more which you may read of and the full Account of their Martyrdom in Fox's Acts and Monuments the third Part and more briefly in Dr. Burnet's History of the Reformation from f. 305. to 340. But notwithstanding all these Instruments of Cruelty they had framed they could not be satisfied unless they raised it to the very height of all Barbarity that the Church of Rome did ever pretend to and that was the setting up the Inquisition here in England A Commission extraordinary for proceeding against the Protestants Hist Ref. pt 2. fol. 247. and in February 1557. they had made a good step towards it for a Commission was given to divers Popish Lords Spiritual and
Temporal and others which mentions that since many false Rumors were published amongst the Subjects and many Heretical i. e. Protestant Opinions were also spread among them therefore they or any three of them were to enquire into those either by Presentments by Witnesses or any other Politick Way they could Devise and to search after all Heresies the Bringers in the Sellers or Readers of all Heretical Books they were to Examin and Punish all Misbehaviours or negligences in any Church or Chappel and to try all Priests that did not preach of the Sacrament of the Altar all Persons that did not hear Mass or come to their Parish Church to Service that would not go in Procession or did not take Holy Bread or Holy Water And if they found any that did obstinately persist in such Heresies they were to put them into the hands of their Ordinaries to be proceeded against according to the Laws giving them full power to proceed as their Discretions and Consciences should direct them and to use all such means as they could invent for the searching of the premises empowring them also to call before them such Witnesses as they pleased and to Force them to make Oath of such things as might discover what they sought after This Commission at large you may find in the Collection of the Records annexed to Dr. Burnet's History of the Reformation second part Lib. 2. Num. 33. It shews how high they intended to raise the Persecution when a Power of such a Nature was put into the hands of any three of a number so selected Besides this there were many subordinate Commissions issued out and after this a Commission was given to the Archbishop the Bishop suffragan of Hull and divers others to the same effect but with this limitation that if any thing appeared to them so intricate that they could not determine it they were to refer it to the 1 Bonner Bishop of London and his Collegues who had a much larger Commission and great reason he should because they were sure he would spare none that came before him And now all was done that could be devised for extirpating of Heresie except Courts of Inquisition had been set up which doubtless had been done Queen Mary's Death Fox had that Blood-sucking Queen lived a little longer But it pleased God to take her away after she had burnt 72 the first year of her Persecution 94 the second 79 the third and 39 the last in all 284 according to Fox But Dr. Burnet gives this further Account Hist Ref. pt 2. fol. 364. that he that writ the Preface to Bishop Ridley's Book de Carne Domini who is supposed to be Grindal afterwards Arch-bishop of Canterbury says that in the two first years of this Queens Persecution there were above 800 put to most cruel kinds of Death for Religion By which it seems Fox hath come far short in his account I cannot omit the Account that Dr. Burnet gives of the Method The Methods of the Persecution of Protestants in this Reign of the Persecutions of this Reign Saith he At first the Bishops dealt earnestly with those that were brought before them to recant and were ready at any time to receive them The Queens Pardon was also sent to them as they were ready to be tyed to the Stake if they would then turn But now it was far otherwise For in the Council Books there is an Entry made of a Letter written the 1st of August 1558 to Sir Richard Pexhall Sheriff of Hampshire signifying That the Queen thought it very strange that he had delayed the Execution of one Bembridge Condemned of Heresie because he had recanted Requiring him to Execute it out of hand and if he still continued in the Catholick Faith which he outwardly pretended he was then to suffer such Divines as the Bishop of Winchester should appoint to have access to him for confirming him in the Faith and to 〈◊〉 on him at his Death that he might dye God's Servant And as soon as the Sheriff had thus burnt him he was to come to the Council and answer for his Presumption in deferring it so long The matter of Fact was thus Bembridge being had to the Stake and the Fire taking hold of him he through the violence of it yielded and cryed out I recant upon which the Sheriff made the Fire to be put out and Bembridge signed such a Recantation as Dr. Seton who was near him writ for him But for all that upon this Order of Council he was burnt and the Sheriff was put in the Fleet. So that now it appeared that it was not so much the Conversion of those they called Hereticks as their Destruction that the Bishops desired and I think the Instance of Burning Arch Bishop Cranmer after he had recanted Hist Ref. pt 2. fol. 333. upon the Promise of a Pardon is as pregnant an instance as this which you may see related by Dr. Burnet Hist Ref. part 2. fol. 333. And sure it will be no wonder that there was such a severe Persecution during this Reign Hist Ref. 2 pt ◠370 371. If it be considered that the Bishops besides the other Cannons binding them to proceed against them they called Hereticks were by the words of the Oath of Obedience which they sware to the Pope at their Consecration engaged to oppose and persecute the Hereticks with all their might so that their giving severe Counsels and the Queens following them flowed mainly from the Principles of their Religion and can any thinking man imagine they are altered since in which the sowerness of the Queen's Temper made it the more easie to perswade her to a compliance to those courses to which her own inclinations led her without any such motives And now they that can expect any better usage from the Bishops and Prelates of the Church of Rome under a Prince of that perswasion must I think have forfeited their Reason and are fitter to converse with Wolves and Tygers than men much less the most refined of them those who are sincerely of the Reformed Religion commonly called Protestants My design in being thus long in setting forth the cruel Penal Laws that were made or revived and put in Execution in this Reign was that the Reader might compare the Penal Laws in Edward the 6 th's time with the Penal Laws in Queen Mary's and then judge whether his are not merciful compared with these especially respecting the Execution there being not one put to Death for Religion in all King Edward the 6 th's Reign that so the Moderation of the one may be admir'd and the Cruelty of the other abhor'd And not as any Reason why the Penal Laws against the Papists in Queen Elizabeth's Time were made upon such severe Penalties for I shall shew that they were made upon quite different reasons than in revenge as the Papists maliciously suggest for the severe usage of the Protestants in this Reign CHAP. VII Q.
Eliz. QUeen Mary dyed the 17 th of November Queen Elizabeth's Birth-Day Anno Domini 1558. Whose Death put an end to this severe Persecution The Parliament then assembled in the sixth and last year of her Reign Queen Elizabeth her Accession is the Crown and her râ—â—â—eâ—â—ete calling of a Parliament D'Ewes Journal of Q. Eliz. Reign f. 1. Cambd. Anceâ—s f. 12. Hist R. f. 2 pt f. 373. being by her demise Dissolved The thrice Excellent and Prudent Princess Queen Elizabeth according to her Right and Hereditary Title saith Sir Simon D'Ewes true and lawful Heir to the Crown according to the Act of Succession of 35 H. 8. saith Cambden the next and indisputed Heir to the Crown saith Doctor Burnet and Heath the then Lord Chancellour so called her without any opposition or difficulty King Philip being then very happily beyond the Seas succeeded to all the Realms and Dominions of Mary her Sister excepting Calais and those other inestimable places in France which had been most dishonourably and vainly lost in the time and towards the end of the Reign of the said Queen Mary and finding also the Innocent Blood of God's Saints Arch-Bishop Cranmer Bishop Ridley Bishop Hooper and the rest shed for the Witness of the Truth to have stained the former Government with the just brand and stygma of Persecuting and Tyrannical and that her Realms and Dominions were much impoverished and weakned as Doctor Burnet in his Letters hath made evident almost all places abroad are where Popery is the prevailing Religion Popery and Slavery being inseparable Companions she therefore in the very entrance of her Reign applyed her first are to the restoring of the Protestant Religion which she verily perswaded her self was most true Cambd. Hist f. 13. and consonant to the Sacred Scriptures and the sincerity of the Primitive Church and well considering and foreseeing that the surest and safest way to establish the Truth to abolish all Foreign and Usurpt Authority to repair the weaknesses and breaches of her said Realms and Dominions to strengthen her Kingdom with Shipping and Munition and to revive the decayed Trade thereof was by the common Advice and Counsel and with the publick Assent did summon her first Parliament to begin on Munday the 23 d day of January in the first year of her Reign But before I give any Account of what Laws were thereby made relating to the Papists I shall 1 st Shew how the Law stood at to the Papists when she came to the Crown 2 d. I shall show that the Protestant Religion was restored by much more lenil and mild Methods towards the Papists in Queen Elizabeth's time than the Popish Religion was introduced by in Queen Mary's 3 d. I shall make it fully appear that they gave just occasion for making the severe Laws against them that were made in Queen Elizabeth's time and when in time the occasion was given and the Laws made which last thing will run through the whole thread of the following account As to the first whoever will give himself the trouble to consult our Statute and Law-Books will find 1 How the Laws stood as to the Papists before any new ones were made 25 F. 3. ca. 2. that long before her Reign it was Treason to compass or imagine the death of the King the Queen or their Eldest Son and Heir or to levy War against the King or to adhere to the King's Enemies or to give to them Aid or Comfort 2 Rog. Hov. in Hen. 2. 13 R. 2. sta 2. ca. 2 Co. Inst 3.100 ca. 36. That it was Treason and afterwards Felony to bring or send into this Kingdom or the King's Power which is the same with Dominions any Summons Sentence or Excommunication against any person of what Condition soever he be 3 16 R. 2 ca. 5.3 Inst 120 121 126.12 Co. 37.40 Davis 84. that he incurr'd a Premunire that purchased Bulls from Rome and that the Crown of England even in the Popish times was subject to none 4 Co. Rep. 5. f. 12 15 17 21 22 23 27 28. and Co. Inst 3. Ca. 36. It was of old Treason by the Common Law of the Land to procure or bring in any Bull of Excommunication against any Subject much more certainly against the King or Queen because it gives way to Foreign Authority 5 Co. Inst 3. ca. 67. f. 144. And by the Laws of England all Subjects are prohibited to take any Pension c. of any Foreign King Prince or State without the King's License altho' in League with England Thus stood the Laws when that Glorious Queen of ever Blessed Memory ascended the Throne and one would have thought these would have guarded her against all attempts of the Papists and 't is not unreasonable to believe that she her self was of that mind if we consider 2 ly That the Methods taken by Queen Elizabeth for restoring the Protestant Religion were much milder than those taken by Queen Mary to introduce the Popish This will appear by the Laws themselves of which I come now to give an account and of the occasion of their making The first is That which restores to the Crown 1 Eliz. ca. 1. Rast Stat. 2. part f. 1. The Crown restored to its Antient Jurisdiction in causes Ecclesiastical a power given to delegate the exercise of it the Oath of Supremacy and what shall be taken for Heresie ascertained the Antient Iurisdiction over the Estate Ecclesiastical and Spiritual and abolisheth all Foreign Powers repugnant to the same Which it doth by reviving the Laws of Henry the 8th against the See of Rome and of Edward the 6th for the Protestants Which Laws were repealed by Queen Mary and Laws for Convicting and Burning Hereticks i. e. Protestants in an Arbitrary way revived which had been Repealed in Edward the 6th's time This Law therefore particularly repeals 5 R. 2.5 5 H. 4.15 2 H. 5.7 made against the Protestants then called Hereticks and Lollards and then doth abolish Foreign Iurisdiction wherein it is but declarative of the Antient Laws of the Kingdom and annereth Ecclesiastical Iurisdiction to the Crown and gives a power of delegating the Exercise of it establisheth the Oath of Supremary but in tenderness to the Papists leaves out Supream Head of the Church and provides that all Ecclesiastical Persons Temporal Iudges Iustices Mayors or other say or temporal Officers and every other person having her Highness Fee or Wages shall take the said Oath upon the penalty of forfeiting their places Ecclesiastical or Temporal upon an obstinate refusal and disability to hold the same for the future the penalty of maliciously maintaining a Foreign Iurisdiction is for the first offence the loss of Goods and Chattels only and if he be not worth 20 l. then over and above the forfeiture of his Goods and Chattels he shall suffer twelve Months Imprisonment without Bail or Mainprize the second offence is made a premunire the third offence high
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
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)
taken by a general Councel free and Lawfully called to pluck up those Roots of Dangers and Jealousies which arise about Religion as well between Prince and Prince as between them and their Subjects and to make it manifest that no States or Potentates either hath or can Challenge power to dispose of Earthly Kingdoms or Monarchies or to dispense with Subjects obedience to their natural Soveraign In which charitable Account there will be no Prince living that will be readier then we shall be to concur even to the utmost of our Power not only out of particular Disposition to live peaceably with all States and Princes of Christendom but because such a settled Amity might by an union in Religion be established amongst Christian Princes as might enable us all to resist the common Enemy Given at our Pallace at Westminster the 22 d. Day of February in the first Year of our Reign c. This Proclamation I thought fit to insert because by it it appears that King James himself was of opinion that the before mentioned Conspiracy was conceived by the Popish Priests however they prevailed upon some of the Protestant Profession to joyn with them in Midwiving it into the World and therefore may truly be called Popish By the Kings issuing out this Proclamation the heat and hopes of the Jesuits and their Correspondents were somewhat allayed but it made way for more dark and secret Contrivances which they afterwards put into Practice and I shall give a full Account of But before I do that I shall give you King James the First his Opinion of the Papists both Laicks and Clericks as he himself delivered it in his first Speech to his first Parliament in 1603. Take it in his own Words as related by Wilson King James his Speech against Papists Wilson f. 19. For the Papists I must put a difference betwixt my own private Profession of my Salvation and my politick Government of the Realm for the weal and quietness thereof As for my own Profession you have me your Head now among You of the same Religion that the Body is of as I am no stranger to you in Blood no more am I a stranger to you in Faith or in Matters concerning the House of God. And altho' this my Profession be according to my Education wherein I thank God I suckt the Milk of Gods truth with the Milk of my Nurse yet I do here protest unto you that I would never for such a Conceit of Constancy or other prejudicate Opinion have so firmly kept my first Profession if I had not found it agreeable to all Reason and to the Rule of my Conscience But I was never violent nor unreasonable in my Profession I acknowledge the Roman Church to be our Mother Church altho defiled with some Infirmities and Corruptions as the Jews were before they Crucified Christ And as I am no Enemy to the Life of a sick Man because I would have his Body purged of ill Humours no more am I an Enemy to their Church because I would have them reform their Errors not wishing the down-throwing of the Temple but that it might be purged and cleaned from Corruption Otherwise how can they wish us to enter if their House be not first made clean But as I would be lother to dispense in the least point of mine own Conscience for any Worldly respect then the foolishest Precisian of them all So would I be as sorry to streighten the politick Government of the Bodies and Minds of all my Subjects to my private Opinions Nay my Mind was ever so free from Persecution or inthralling of my Subjects in Matters of Conscience King James his Mildness to Papists as I hope those of that Profession within this Kingdom have a proof since my Coming that I was so far from increasing their Burthens with Rhehoboam as I have so much as either time occasion or Law could permit lightned them And even now at this time have I been careful to revise and consider deeply upon the Laws made against them that some Overture might be made to the present Parliament for clearing these Laws by reason which is the Soul of the Law in Case they have been in times past further or more rigorously extended by Judges then the meaning of the Law was or might tend to the hurt as well of the innocent as of the guilty Persons And as to the Persons of my Subjects which are of that Profession I must divide them into two ranks Clericks and Laicks for the Laicks I ever thought them far more excuseable then the other sort because their Religion containeth such an ignorant doubtful and implicite kind of Faith grounded upon their Church that except they do generally believe whatsoever their Teachers please to affirm they cannot be thought guilty of these particular points of Heresies and Corruptions which their Teachers so wilfully profess And again I must subdivide the Laick into two Ranks which are either quiet and well minded Men peaceable Subjects who either being old retain their first Drunk in Liquor upon a certain Shamefacedness to be thought Curious or Changeable Or being young Men through evil Education have been Nursed and brought up upon such Venome instead of wholsome Nutriment and this sort of People I would be sorry to punish their Bodies for the Error of their Minds the Reformation whereof must only come of God and the true Spirit But the other Rank of Laicks who either through Curiosity Affectation of Novelty or Discontentment have changed their Coats only to be Factious stirers of Sedition and perturbers of the Common-wealth this giveth a ground to me the Magistrate to take better heed to their Proceedings and to correct their Obstinacy But for the Clericks I must directly say and affirm that as long as they maintain one special point of their Doctrine and another of their Practise they are no way sufferable to remain in this Kingdom the point of Doctrine is that Arrogant and Ambitious Supremacy of their Head the Pope whereby he not only Claims to be spiritual Head of all Christians but also to have an Emperial Civil power over all Kings and Emperors Dethroning and Crowning Princes with his Foot as pleaseth him and dispensing and disposing of all Kingdoms and Empires at his Appetite The other point which they observe in continual Practise is the Assassinates and Murthers of Kings Thinking it no sin but rather a Matter of Salvation to do all Acts of Rebellion and Hostility against their natural Sovereign Lord if he be once Cursed his Subjects discharged of their Fidelity and his Kingdom given a prey by that three Crowned Monarch or rather Monster their Head. And in this point I have no occasion to speak further here saving that I could wish from my Heart It would please God to make me one of the Members of such a general Christian Union in Religion as laying Wilfulness aside on both hands we might meet in the midst which
in one Week viz. in May 1606 who though he won his Wager yet was a Looser never getting his Winnings Piercy Wright c. who now lurked about London to expect the fatal Blow informed of the Discovery takes Horse making what haste they can to their Companions appointed to be at the Rendezvous on Dunsmore in brief according to their Abilities they run into open Rebellion but to their own Destruction The high Sheriffs with other Magistrates and Loyal Subjects so hunting them that they were either all dispersed slain or taken and the Chief of them afterwards condemned and executed Proceedings against Garnet and his Confederates printed by Robert Barker Printeâ— to the Kings most excellent Majesty 1606. to prevent untrue and incoherent Reports and Relations of their Tryals as the Epistle to the Book informs us And for the Confirmation of the Truth of these things I shall here insert the Heads of Sir Edward Coke's Speech at the Tryal of Robert Winter and divers others for their Treason in Westminster-Hall before the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Devonshire the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Peter Warburton Knight one of the Justices of the Court of Common-Pleas Lords Commissioners for that purpose On the 27 th of January 1605. were arraigned upon one Indictment Robert Winter Esq Thomas Winter Gent. Guy Fawks Gent. John Garnet Esq Ambrose Rookwood Esq Robert Keys Gent. and Thomas Bates upon another Indictment Sir Everard Digby At the Tryal of Winter and the rest upon the first Indictment * The Heads of the Speech of Sir Edward Coke at the Tryal of some of the Conspirators Sir Edward Coke than Attorney General made a very long and learned Speech wherein he first answered the Clamor that the Papists and their Adherents had then made because they were not sooner tryed Then he opened the Hainousness of the Crime in all the Aggravating Circumstances of it He said that as the Powder-Treason was of its self prodigious and unnatural so was it in its Conception and Birth most monstrous as arising out of the dead Ashes of former Treasons and then takes notice of very many if not all the Treasons before mentioned I think in this Speech and the Speech he made at Garnets Tryal all I am sure the most are taken in He then considered the Powder-Plot it self with regard to the Persons by whom the same was conspired And they were Clergy and Laity of the Roman Communion The Laity Gentlemen of good Houses of excellent Parts however most perniciously seduced abused corrupted and Jesuited of very competent Fortunes and Estates It being then said that there was never a Religious Man in the Action saith he in answer I never yet knew a Treason without a Romish Priest and names as ingaged in this Henry Garnet alias Wally the Superior of the Jesuits Legier here in England Father Creswel Legier Jesuit in Spain Father Baldwin Legier in Flanders as Parsons at Rome besides their Cursory Men as Gerrard Oswald Tesmond alias Greenway Hamond and Hall then he opened the Doctrines and Practices of the Jesuits and other Priests of the Romish Church which he proves from Simanca Creswels Philopater and other Books Then he considered the Persons against whom this Treason was conspired the King the Queen the Royal Issue Male the most honourable and prudent Councellors and all the true hearted and worthy Nobles all the Reverend and Learned Bishops all the Grave Judges and Sages of the Law all the principal Knights Citizens and Burgeesss of Parliament the Flower of the whole Realm Then he considered that this was designed notwithstanding the King had used so great Lenity toward the Papists that by the space of a whole Year and four Months he took no Penalties of them due upon the Statutes and besides this divers of the Papists were greatly preferred Then he considered the House of Parliament which they pretended they chose because there the Penal Laws were made against them which he answered by briefly showing what Laws were made against them and that their own Treasons were the true Grounds of making them Then he considered the End of this Conspiracy which was to bring a final and fatal Confusion upon the State and this is to be effected by damnable Means by mineing by thirty six Barrels of Powder having Crows of Iron Stone and Wood laid upon the Barrels to have made the Breach the greater Then he considered the Secresie of the Contrivance and Carriage of this Treason in three Respects the first that Catesby had Recommendation for a Regiment of Horse in the Low-Countries that under that Pretence he might furnish this Treason with Horse without Suspicion The Second was the Oath before mentioned The Third the Sacrament He then took notice of the admirable Discovery of this Treason and proceeded to make nine several Observations upon the whole which were these First The Mine had never been discovered had not the Cellar been hired 2. The Kings Directing the Search to be made there from those dark Words A Terrible Blow 3. Catesby Rookwood and Grants their narrow Escapes having a few Days before they were taken been in very great Danger of being blown up by Gun-powder 4. Gun-powder was the Invention of a Fryar 5. Binham was sent to the Pope to give notice of this Blow and to crave his Direction and Aid 6. Notwithstanding their rising in open Rebellion and giving out that the Catholics Throats would be cut not one Man came in to take their Parts but their own Company 7. The Sheriff immediately supprest them 8. The Discovery was made a few hours before it was to have been put in Execution 9. That there never was any Protestant Minister in any Treason and Murther that had been then attempted within the Realm Then he compared this Plot with that of Raleigh and Watson and Clark. 1. They had both one end 2. Both to be effected by Popish and discontented Persons Priests and Laymen 3. They all played at Hazzard the Priests were at the By Raleigh at the Main but these in at all purposing to destroy King Issue whole State. 4. All obliged by the same Oath and Sacrament 5. The same Proclamation after the Fact for Reformation of Abuses 6. The like Army provided for Invading 7. The same Pension of Crows promised 8. The Agreeing of the Times which was when the Constable of Spain was coming hither which was intended a Colour to the Invasion that it might not be suspected After Sir Edward Coke had ended his Speech The Evidence against the Traitors the Examinations of Winter and the rest subscribed by themselves were shown particularly to every one of them and acknowledged by them to be their own and true and in their Examinations every one had confest the Treason which Confessions were afterwards openly and distinctly read by
to the King not to the use of the King Conditioned not to be reconciled to Rome nor to enter into any Plot against the King or Government But after Knowledge thereof to Reveal the same the Bond to be taken and the Ooth Administred by the Customer and Controuler of every Port Haven or Créek or one of them Which Bond and Oath are to be certifyed into the Exchequer once a Year upon Penalty of five pounds for every Bond and twenty pounds for every Oath not certifyed Treason in Reconciler and Reconciled to the Church of Rome All Persons reconciling and reconciled to the See of Rome are Traytors Every Person that Maintains Retains Relieves Kéeps or Harbours in his or their House any Servant Sojourner or Stranger that absents from Church for a Month forfeits ten pounds the same Forfeiture for Retaining or Keeping in his her or their Service Fee or Livery any such Person or Persons Father Mother Wards and Persons Committed by Authority are excepted Sheriffs and other Officers may break open Doors to Apprehend Papists Excommunicate No Forfeiture for the Wives Offence The Lords of the Privy Councel or any six of them whereof the Lord Chancellor Lord Treasurer or the principal Secretary to be one are impowred to Administer the said Oaths before mentioned to any Noble Man or Noble Woman above the Age of Eighteen Years refusing to take them they incur a Premunire In the Cinque Ports the Lord Warden of the Cinque Ports are to take the said Bond and Oaths What cause there was for the compiling this Oath and imposing it upon the Papists King James himself tells us in his Apology for the Oath of Allegiance take it in his own words But now having sacrificed if I may say so to the Manes of my late Predecessor Queen Elizabeth whose Government and Moderation he vindicates I may next with St. Paul justly vindicate my own fame from those innumerable calumnies spread against me This King declares his favourableness towards the Papists and their ingratitude to him Apol. p. 18 19 20. in testifying the truth of my behaviour towards the Papists wherein I may truly affirm that whatsoever was her just and merciful Government over the Papists in her time my Government over them since hath so far exceeded hers in mercy and clemency as not only the Papists themselves grew to that height of pride in confidence of my mildness as they did directly expect and assuredly promise to themselves Liberty of Conscience and equality with other of my Subjects in all things but even a number of the best and faithfullest of my said Subjects were cast in great fear and amazement of my Course and Proceedings ever Prognosticating and justly suspecting that sowr Fruit to come of it which shewed it self clearly in the Powder-Treason How many did I honour with Knighthood of known and open Recusants how indifferently did I give audience and access to both sides bestowing equally all Favours and Honours on both Professions How free and continual access had all ranks and degrees of Papists in my Court and Company and above all how frankly and freely did I free Recusants of their ordinary payments Besides it is evident what strait order was given out of my mouth to the Judge to spare Execution of all Priests notwithstanding their Conviction joyning thereunto a Gracious Proclamation whereby all Priests that were at Liberty and not taken might go out of the Country by such a day my general Pardon having been extended to all Priests in Prison whereupon they were set at Liberty as good Subjects and all convicted Priests that were taken after sent over and set at Liberty there But Time and Paper will fail me to make ebnumeration of the benefits and favours that I bestowed in general and particular upon Papists in recounting whereof every scrape of my Pen would serve but for a blot of the Popes ingratitude and injustice in meeting me with so hard a measure for the same Yet notwithstanding all this Mildness and Clemency exercised towards them by the King he himself in his Monotory Preface to all Christian Monarchs tells us That Monotory Preface p. 6 7 8 9. The never-enough wondred at and abhorred Powder-Treason though the Repetition thereof grieveth I know the gentle hearted Jesuite * The same Parsons that I have before taken notice of and who had the good luck all this while to scape the Gollows Parsons This Treason I say being not only intended against me and my posterity but even against the whole House of Parliament plotted only by Papists and they only led thereto by a preposterous zeal for the advancement of their Religion some of them continuing so obstinate that even at their death they would not acknowledg their fault but in their last words immediately before the expiring of their breath refused to condemn themselves and crave pardon for their deed except the Romish Church should first condemn it And soon after it being discovered that a great number of my Popish Subjects of all Ranks and Sexes both Men and Women as well within as without the Country had a confused Notion and an obscure knowledge that some great thing was to be done in that Parliament for the weal of the Church altho for secrecys cause they were not acquainted with the particulars certain Forms of Prayer having likewise been set down and used for the good success of the great Errand Adding hereunto that divers times and from divers Priests the Arch Traytors themselves received the Sacrament for confirmation of their heart and observation of Secresie Some of the principal Jesuites likewise being found Guilty of the foreknowledge of the Treason it self of which number some fled from their Tryal others were apprehended as holy Garnet himself and Oldcorn were and justly Executed upon their own plain Confession of Guilt If this Treason now clad with these circumstances did not minister a just occasion to that Parliament House whom they thought to have destroyed couragiously and zealously at their next sitting down to use all means of Tryal whether any more of that mind were yet left in the Country I leave it to you i.e. the Emperors Kings and Princes to judge whom God hath appointed his highest Deputy Judges upon Earth And amongst other things for this purpose this Oath of Allegiance so unjustly impugned was then devised and enacted And in case any sharper Laws were then made against the Papists that were not obedient to the former Laws of the Country if ye will consider the time place and persons it will be thought no wonder seeing that occasion did so justly exasperate them to make severer Laws then otherwise they would have done The Time I say being the very next sitting of the Parliament after the Discovery of that abominable Treason The Place being the same where they should all have been blown up and so bringing it freshly into their Memory again The Persons being those very Parliament Men whom
they thought to have destroyed And yet so far hath both my Heart and Government been from any bitterness as almost never one of those sharp additions to the former Laws have ever yet been put in Execution And that ye may yet know further for the more convincing these Libellers of wilful Malice who impudently affirm that this Oath of Allegiance was devised for deceiving and intrapping of Papists in point of Conscience The truth is that the Lower-House of Parliament at the first framing of this Oath made it contain that the Pope had no Power to Excommunicateme which I caused them to reform only making it to conclude That no Excommunication of the Popes can warrant my Subjects to practice against my Person or State denying the deposition of Kings to be in the Popes lawful Power As indeed I take any such Temporal violence to be far without the Limits of such a spiritual Censure as Excommunication is So careful was I that nothing should be contained in this Oath except the profession of Natural Allegiance and Civil and Temporal obedience with a Promise to resist all contrary uncivil violence This Oath now grounded upon so great and just occasion set forth in so reasonable Terms and ordained only for making a true distinction between Papists of quiet dispotion and in all other things good Subjects and other Papists such as in their hearts maintained the like violent bloody Maxims that the Powder Traytor did * And here I can't but take notice that the very design of the Oath of Allegiance was to make a distinction between Papists of unquiet and turbulent and of quiet and peaceable Minds and had not in its original any influence upon the Protestants nor did at the time of making concern them and that after Protestants were enjoyned to take it the same was intended to no other purpose then to difference them from Papists and therefore the taking the new Oaths to their present Majesties cannot but be well consistent with the former Oath of Allegiance especially if it be considered that the late King is himself a Papist So that it is evident King James thought the said Plots Treasons Conspiracies and other unbecoming and undutiful words and practices was ground sufficient to make the said Law. And doubtless The Powder-Treason justifies the State in making another Act of Parliament the same Session Intitled An Act to prevent and avoid danger which may grow by Popish Recusants The preamble of which Act making it further to appear that the Powder-Treason was the occasion of making this Law I shall here insert the Preamble verbatim and then the substance of the Act. WHereas divers Iesuits 3 Jac. 1. ca. 5. Rast Stat. f. 597. Papists banished the Court and the City of London upon a pecuniary Mulct Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from their true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal obedience to his Majesty and have of late scretly perswaded divers Recusants and Papists and encouraged and embolâ—ned them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Common-wealth if God of his Goodness and Mercy had not within few hours before the intended time of the Execution thereof revealed and disclosed the same wherefore to discover and prevent such secret and damnable Conspiracies and Treasons as hereafter may be put in use by such evil disposed Persons if remedy be not therefore provided Then the Law provides That the discoverer of Iesuites or Priests or harbourers of them shall have the third Part of all that is recovered against them so as the same exceeds not One hundred and Fifty Pounds and Fifty Pounds only where it exceeds the sum of One hundred and Fifty Pounds No Papist shall come to Court upon the Penalty of a Hundred Pounds for every default Papists not to come into London nor ten Miles compass of the same upon forfeiture of One hundred Pounds Papists confined to their Houses or Places of above and not to remove above five Miles from thence Not to Travel without Licence how Licence to be obtain'd and no License to be given to enable them to the contrary but such as are prescribed by this Act His Majesty Three of the Privy-Council Four Iustices of the Peace with the Privity may License and assent of the Bishop Lieutenant or Deputy Lieutenant under Hand and Seal the cause of removing must be inserted in the Warant and Oath made of the truth of it Papists disabled from Practicing as Lawyers Common or Civil c. All Papists convict are disabled from practising as a Counsel Clark Attorney or Sollicitor Advocate or Proctor as Physician using the Trade of an Apothecary from being Iudge Minister Clark or Steward of or in any Court or keeping any Court or being Town Clark or other Minister or Officer in any Court from bearing any Office or Charge as Captain Lieutenant Corporal Serjeant Antient Bearer or other Officer in Camp Troop Band or Company of Souldiers from being Captain Master Governour or bearing any Office or Charge A Man having a Wife a Papist Convict is disabled from exercising any public Office or Charge Feme Covert Convict looses part of her Joynture c. of or in any Ship Castle or Fortress and forfeits one hundred pounds for every Offence besides the disability No Popish Recusant Convict nor any having a Wife being a Popish Recusant Convict shall exercise any public Office or Charge in the Common-wealth but are utterly disabled Feme Covert Convict looses two parts of her Ioynture and Dower is disableâ— from being Executrix or Administratrix to her Husband and to have any Part of his Goods or Chattels A Popish Recusant Convict is disabled as an Excommunicate Person But notwithstanding it he may sue for or concerning only such of his or her Lands c. or the issues thereof which are not to be seized or taken into the Kings Hands his Heirs or Successors by force of any Law for or concerning his or her Recusancy or any part thereof Every Man that is a Papist covict Marrying contrary to the Orders of the Church of England is disabled from being Tenant by the courtesie if any Lands c. of his Wives and if she hath no Lands forfeits a hundred Pounds a Woman Papist convict so marrying is disabled to Claim Dower Papists must Marry according to the usage of the Church of England Papists must Bapt. according to the usage of the Church of England Their Children must not be sent beyond Seas Papists shall not present to Livings Popish Books inhibited Papists to be disarmed Ioynture and Widows Estate and Franck Bank in customary Lands Papists must baptize their Children according to the Rites of the Church of England upon a hundred Pounds
Spaniards gives the overture of the Match Rushw Col. part 1. f. 4. The King having had thoughts of a Match for Prince Charles with France and the Duke of Savoy having been before him and prevailed for his Son the Prince of Piedmount The Spaniard giving the overture of a Match King James embraceth it and Articles of Religion between the King of England and Spain were agreed on which were these c. Articles of Religion agreed upon between the Kings of England and Spain That the Popes Dispensation be first obtained by meer Act of the King of Spain That the Children of this Marriage be not constrained in Matters of Religion nor their Title prejudiced in case they prove Catholics That the Infanta's Family being Strangers may be Catholics and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious Persons may wear their own proper Habits That the Marriage shall be Celebrated in Spain by a Procurator according to the instructions of the Councel of Trent and after the Infanta's Arival in England such a Solemnation shall be used as may make the Marriage valid according to the Laws of this Kingdom That she shall have a competent number of Chaplains and a Confesser being Strangers one whereof shall have Power to Govern the Family in Religious Matters But none of the People of England but were averse to this Match except the Papists whose interest indeed it was to carry it on After the Bohemians had chosen the Count Palatine King of Bohemia he craved advice of his Father in Law King James touching the acceptation of that Royal dignity But before he could receive his advice he was prevailed upon to accept it Count Palatine chose King of Bohemia Wilsons Hist f. 132. Rushw Col. 1. part f. 12. because the emergency of the Cause would admit of no delay and afterwards sent to King James to excuse it When this important business of the Count Palatines accepting the Crown of Bohemia was related in the Kings Councel to evince of what advantage it was to the Protestant Cause I shall here insert Arch-Bishop Abbots Letter to Sir Robert Nauton the Kings Secretary the Arch-Bishops infirmities not permitting him at that time to attend the Councel That God hath set up this Prince his Majesties Son in Law Arch-Bishop Abbot's Letter touching the Count Palatines accepting the Crown of Bohemia as a mark of Honour throughout all Christendom to propagate the Gospel to help the oppressed that for his own part he dares not but to give advice to follow where God Leads apprehending the Work of God in this and that of Hungary that by Peece and Peece the Kings of the Earth that gave their Power to the Beasts shall leave the Whore and make her desolate that he was satisfied in Conscience the Bohemians had just cause to reject that Bloody Man who had taken a course to make that Kingdom not Elective in taking it by the donation of another the slighting of the Viscount Doncaster in his embassage gave cause of just displeasure and indignation therefore let not a Noble Son be forsaken for their sakes who regard nothing but their own ends our striking in will comfort the Bohemians Honour the Palsgrave strengthen the Princes of the Vnion draw on the United Provinces stir up the King of Denmark and the Palatines two Vncles the Prince of Orange and the Duke of Bovillon together with Termoville a rich Prince in France to cast in their shares The Parliament is the Old and honourable way for raising of Money and all that may be spared is to be returned this way and perhaps God provided the Jewels that were laid up in the Tower by the Mother for the preservation of the Daughter who like a Noble Princess hath professed that she will not leave her self one Jewel rather then not maintain so Religious and Righteous a Cause certainly if countenance be given to this Action many brave Spirits will offer themselves therefore let all our Spirits be gathered up to animate this business that the World may take notice that we are awake when God calls By this Letter it plainly appears that it was the Arch-Bishops Opinion that it tended much to the promoting the Reformation that the Count Palatine should accept the Crown of Bohemia and the Crown of England should stand by him in it and whoever reads the most impartial writers of those times will find that the Spanish Match which was then a foot and Popish Councels at home was the true Cause of the loss of the Palatinate and the ruine of that Protestant Prince and how could things be expected otherwise so long as Gondamor had so far the ascendant of the King that when the Earl of Essex solicited the King after the War was begun to send more Forces Gondamor obstructed it whatever he desired was done and few or none were well respected at Court but Spanish * Wilsons 144. Rushw 1. part f. 18. vide the private instructions to the Spanish Ambassador sent into England Pentioners under whom the Papists flourished After the Palatinate was lost the King outwardly seemed willing to assist towards the Recovery of it and therefore proposes it first to the Privy Councel and afterwards called a Parliament which was to meet the thirteenth of January in the 18 th Year of his Reign proposing to himself that the People for regaining the Palatinate would open their Purses which he might make use of and that a good agreement Between him and his People would induce his Brother of Spain to be more Active and so he should have supply from the one and dispatch from the other i. e. Mony and the Spanish Match were the ends he aimed at let the Palatinate Sink or Swim 't was no matter This the Jesuits and Seminary Priests knew well enough and therefore they Wilsons Hist. f. 151. rangeing up and down like Spirits let loose did not now as formerly creep into Corners using close and cunning Artifices but practised them openly having admission to our Councellors of State. And when Secretaries and such as manage the intimate Councels of Kings are Jesuits and Clients to the Pope there can be no tendency of affection to a contrary Religion or Policy Yet these were the Men that carried all before them at Court And the Protestant interest must needs flourish under such Ministers of State especially if it be considered that England was not only Man'd with Jesuits all Power now failing to oppose them but the Women also began to practice the Trade Women Jesuitrices calling themselves Jesuitrices This Order was first set on foot in Flanders by Mrs. Ward and Mrs. Twitty two English Gentlewomen who Cloathed themselves in Ignatian Habit and were Countenanced and Supported by Father Gerrard Rector of the English Colledge at Leige with Father Flack and Father More Their design was to Preach the Popish
might be against him that had maintained the War in the Palatinate That he would put the Laws in Execution against the Papists That the c Charles the First Prince might be married to a Protestant That the Children of the Nobility and Gentry beyond Seas might be called home That Papists Children and their Children whose Wives were Papists might be educated by Protestant School-Masters and Teachers That the King would revoak all former Licences for Youth to travel beyond Sea and grant no more after That all former Grants of Papists Lands might be avoided if by Law they could and no such Grants made afterwads The Commons had no small reason to take notice of the State of the Protestant Interest abroad seeing besides the great Wound made in Germany Protestants persecuted abroad Rushw Coll. 1 pt f. 43. and the Cruelties of the prevailing House of Austria the Protestants in France were almost ruined by Lewis the Thirteenth and yet notwithstanding the King understanding they were preparing the above mentioned Remonstrance writ a Letter to Sir Thomas Richardson Speaker of the House of Commons December the 3 d. 1621. Wherein he let him know He heard to his Grief that his Absence being sick had emboldned some fiery and popular Spirits of the House to argue and debate Matters far above their Reach and Capacity The King is angry at the Remonstrance and writes to the Speaker to prevent it Rush Coll. Ibid. tending to his Dishonour and Breach of Prerogative Royal. Therefore commanded him to make known to the House that none should presume to meddle with any thing concerning his Government or deep Matters of State and particularly that they should not deal with his dearest Sons Match with the Daughter of Spain or any other his Friends and Confederates That except they did reform it before it came to his Hands he would not hear nor answer it Another Remonstrance Rush Coll. 1 pt f. 44. And he was as good as his Word as will appear afterwards for upon the Receipt of this Letter the House drew up another Remonstrance with the greatest Submission imaginable wherein they lay the Ground of their former Remonstrance upon the deplorable Estate of his own Children in the Palatinate and the apparent Danger and almost unavoidable Ruine of the Protestants and the Protestant Religion at Home and abroad evidenced by Transactions an Account whereof they had received from his Majesty himself by three Honorable Lords and tackt their former Remonstrance to the latter and so presented them but the former he rejected utterly and gave a long Answer to the latter but granted nothing whereof they complained as may be seen by the Answer it self printed in Wilson f. 178. and Rushworth f. 46. In the said Answer he discovered his great Concern for the Spanish Match and his Backwardness to proceed against Papists however the same is blended by specious Pretences of the Necessity of shewing Favour to the Papists here to procure the gentle Usage of the Protestants abroad VVilson's Hist f. 188. Rushw Coll. 1 pt 53 54 55. The Parliament dissolved He denied in his Answer the Rights and Priviledges of the Commons to be their Birth-right they protest them so to be he tears the Protest out of the Journal Book of the House of Commons and the sixth of January 1621. by Proclamation dissolves the Parliament And whether that were the way to recover the Palatinate or secure the Protestant Religion at home or abroad needs no great Sagacity to determine Papists discharged from Imprisonment VVilson's Hist f. 195. Rushw Coll. 1 pt f. 62 63. In the twentieth Year of this Kings Reign the Prisons were opened Priests and Jesuits walked about at Noon And Gondamore who did what he pleased vaunts of four thousand Papists that his Intercession had released either to make his Service the more acceptable to his Master or to let him see how willing the King was to do any thing to advance that Match which they never intended The King was not so nice but that he could stay for * Car. Bandino Car. Lode visio a Dispensation from Rome To expedite which he wrote to some of the most active Cardinals there and received Answers from them full of alluring Hopes And that he might give some more publick Testimony of his Indulgence to the Papists the mortal Enemies of the Protestants he commanded Doctor Williams Bishop of Lincoln then Lord-Keeper of the Great Seal of England to pass Writs under the Great Seal to require the Judges of every Circuit to enlarge all such Papists as were imprisoned for Recusancy accordingly the Writs were issued forth under the Great Seal and the Lord-Keeper wrote to the Judges on this manner which Letter take Verbatim as printed in Wilson The Lord Keeper Williams his Letter to the Judges in Favour of the Papists VVilson's Hist f. 196. AFter my hearty Commendations to you His Majesty having resolved out of deep Reasons of State and in Expectation of like Correspondence from Foreign Princes to the Professors of our Religion to grant some Grace and Connivance to the imprisoned Papists of this Kingdom hath commanded me to pass some Writs under the Broad Seal to that purpose requiring the Judges of every Circuit to enlarge the said Prisoners according to the Tenor and Effect of the same I am to give you to understand from His Majesty how His Majesties Royal Pleasure is that upon receipt of these Writs you shall make no Niceness or Difficulty to extend that His Princely Favour to all such Papists as you shall find Prisoners in the Goals of your Circuits for any Church Recusancy whatsoever or refusing the Oath of Supremacy or dispersing Popish Books or hearing saying of Mass or any other Point of Recusancy which doth touch or concern Religion only and not Matter of State And so I bid you farewel Your Loving Friend Jo. Lincoln Westminster Coll. 2. Aug. 1622. In order to the Match with Spain the King agreed to such Articles of Religion The Spanish Match the Nature of the Articles Rushw Coll. 1 pt f. 66 67. as were Satisfactory in the Judgment of the learnedest and greatest Clergy of Spain That they declared their Opinion that upon the Offer of such Conditions the Pope ought not to with-hold the Dispensation and the Pope himself was satisfied that he had in a manner done already all that was desired No wonder then that the Papists were quiet here in England and not engaged in Plots and Contrivances against the Kings Person for the Reason is plain the whole Substance of the Spanish Treaty was a Plot for ruining the Palatinate and thereby weakning in order to destroy the Protestant Interest abroad which they effected by feeding the King with the Hopes of that Match and thereby diverting him from taking the Parliaments Advice in order to recover the Palatinate You may read the whole Story in VVilson and Rushworth and when they had
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
Pretence of Charity or otherwise c. is disabled to sue to be Commitee of any Ward or Executor or Administrator is not capable of any Legacy or Deed of Gift or to bear any Office within the Realm forfeits all his Goods and Chattels forfeits his Lands and other real Estate for his Life In case of Conformity these Penalties are not to be incurred and in case the Lands have been seised they shall be restored And now I think I may appeal to the Reader himself whether there was not ground enough for the making this Law if there had been nothing more done in this Kings Reign then the Writing the Letter before mentioned which makes so full a Discovery of a Design they were driving on of subverting our Religion and introducing their own And if it be considered that there is no Penalty annexed to this Law that relates to the Loss of Life Member or Liberty it cannot be thought severe after such continued and restless Endeavors of that Party for our Destruction and bringing us back to our former Bondage under a foreign Yoke And let the Share they had in blowing up the Differences between King Charles I. and his Parliaments which at last ended in the late unnatural Civil War and in a Temporary Destruction of our Monarchy be considered that after Charles the First was beheaded Charles The Second they attempted the Perverting of his Sons when in Exile to the Idolatry and Superstition of the Romish Church And that they at last prevailed effectually with one at least to go over to their Communion and that it was known to the Parliament in the twenty fifth Year of the Reign of Charles the Second that he was so reconciled Let I say these things be considered and it cannot be thought hard that that Law passed the Parliament the Substance of which I have here inserted It is intitled An Act for preventing Dangers which may happen from Popish Recusants WHereby for preventing Dangers which might happen from Popish Recusants 25. Ca. 2. ca. 2. Papists made uncapable of any Place or Office of Profit or Trust in the Kingdom and quieting the Minds of His Majesties good Subjects it was enacted That all and every Person and Persons as well Peers as Commoners that should bear any Offices or Places of Trust or that received any Sallery from His Majesty or any his Predecessors or were in the Service or Employment of his Highness the Duke of Yoâ—k being within the City of London or thirty Miles distant from the same should take the Oaths of Allegiance and Supremacy in the Court of Chancery or Kings-Bench before the end of Trinity Term then next following or at the Quarter Sessions for the Place where they should reside and should likewise receive the Sacrament according to the Vsage of the Church of England at or before the first Day of August 1673. that all Persons who should be admitted into any Office or Place as aforesaid after the first Day of Easter Term to take the said Oaths either in the said Courts or in the Quarter Session for the County where he or they should reside and receive the Sacrament within three months after their Admittance to such Office c. And should deliver a Certificate into the Court where he takes the said Oaths of the receiving the Sacrament That whosoever should refuse to take the said Oaths should be adjudged incapable of any other Office and if after his Refusal he shall exercise any Office he shall not prosecute any Suit in Law Equity or be Guardian to any Child or Executor or Administrator of any Person or be capable of any Deed or Gift or to bear any Office and shall forfeit five hundred Pounds to whomsoever will sue for the same in any of His Majesties Courts where no Protection or Wager of Law should lye That the Names of all such Persons as should take the said Oaths be in the Courts of Chancery and Kings-Bench and Quarter Sessions inrolled with the Time of taking the same in Rolls for that purpose and that none should pay above the Sum of twelve Pence to any Officer for their Entry of the taking the said Oaths That no Person not bred up in the Popish Religion by his Parents should breed up or suffer his Children to be bred up in the Popish Religion under Penalty of being disabled from bearing any Office or Places of Trust and all such Children so brought up and educated shall be disabled from bearing any such Offâ—ces until they be reconciled to the Church of England take the Oaths of Supremacy and Allegiance and receive the Sacrament And that all Persons taking the said Oaths shall at the taking the same subscribe the Declaration following I A. B. do declare that I do believe that there is no Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Person whatsoever And of this Subscription a Register to be kept as of taking the Oaths this Act not to extend to prejudice the Peerage of the Realm or take away Creation or Bills of Impost or any Salary for Life or Years granted for sufficient Consideration nor to make void any Estates of Inheritance not being Offices or to make void any Pension granted to any Person instrumental in preserving the King at Worcester that all Persons refusing to take the Oaths having Offices of Inheritance must appoint Deputies to take the said Oaths and subscribe the said Declaration that all Peers may take the Oath in Parliament if the Parliament be sitting within the time for doing thereof No married Woman or Person under the Age of eighteen Years or being beyond the Seas or found to be Non Compos Mentis shall by Vertue of this Act lose or forfeit his or her Office other then such married Women during the Life of her Husband only for any Neglect of taking the Oaths so as the respective Persons within four Months after the Death of the Husband coming to the Age of eighteen Years returning into this Kingdom and becoming of sound Mind shall take the said Oaths in manner as is thereby appointed provided that any Person who by his or her Neglect or Refusal according to this Act should lose or forfeit any Office might be capable by a new Grant of the said Office or of any other and to have and hold the same again such Person taking the said Oaths and doing all other things required by this Act so as such Office be not granted to and actually enjoyed by some other Person at the time of the re-granting thereof This Act not to extend to Commission Officers in the Navy if they subscribe the Declaration This Act not to extend to prejudice the Earl of Bristol and his Lady in the Pensions granted to them Likewise not to extend to Constables Tything-men Church-Wardens or other like private inferior Officers Before this Act of Parliament was
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