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A28290 An historical account of making the penal laws by the papists against the Protestants, and by the Protestants against the papists wherein the true ground and reason of making the laws is given, the papists most barbarous usuage [sic] of the Protestants here in England under a colour of law set forth, and the Reformation vindicated from the imputation of being cruel and bloody, unjustly cast upon it by those of the Romish Communion / by Samuel Blackerby ... Blackerby, Samuel, d. 1714. 1689 (1689) Wing B3069; ESTC R18715 230,149 164

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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
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in ●●e 27 th Year of our Reign divers things have been compassed and imagined ●●nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do gi●e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
other offences whatsoever abovesaid In the Act abovesaid as afore is said mentioned and all circumstances of the same and of every of them and thereupon according to the Tenour of the Act aforesaid to give Sentence or Judgment as upon good proof the Matter shall appear unto you And therefore we command you that you do at such certain days and places which you or the greater part of you shall for that purpose set and agree upon diligently proceed upon the premises in form aforesaid c. Mary Queen of Scots Tryed Camb. Annals f. 361. The Commissioners met at Fotheringay Castle the 11 th of October 1586. and Tryed Mary Queen of Scots the substance of the Tryal you may see in Cambdens Annals from Pag. 344 to 361. as he took the same out of the Commentaries and Memorials of Edward Barker principlal Register to the Queen Thomas Wheeler publick Notary Register of the Audience of Canturbury and other persons of Credit which were there present On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster to which place they had adjourned except the Earls of Shrewsbury and Warwick which were both of them sick at that time Sentence was pronounced which Sentence was this The Sentence By their unanimous assents and consents they do pronounce and deliver this their Sentence and Judgment at the day and place last above mentioned and say that since the conclusion of the aforesaid Session of Parliament in the Commission aforesaid specified namely since the first day of June in the 27 th Year aforesaid and before the date of the said Commission divers Marters have been compassed and imagined within this Realm of England by Anthony Babington and others with the Privity of the said Mary pretending a Title to the Crown of this Realm of England tending to the hurt death and destruction of the Royal Person of our said Lady the Queen And also that since the aforesaid first day of June in the 27 th Year aforesaid and before the date of the Commission aforesaid the aforesaid Mary pretending a Title to the Crown of this Realm of England hath compassed and imagined within this Realm of England divers Matters tending to the hurt death and destruction of the Royal Person of our Soveraign Lady the Queen contrary to the form of the Statute in the Commission aforesaid specified The Parliament 29. Eliz. Cap. 1. Rast Stat. 2. Part. f. 334. The twenty ninth of October following the Parliament met and the first Act they made was an Act for the confirmation of the Proscription of Thomas late Lord Paget Charles Paget Francis Englefeild Francis Throckmorton William Shelley Anthony Babington Thomas Salisbury Edward Jones Edward Abbington Charles Tilney Chidiock Tichbourn Robert Barnwell John Charnock and John Travers The Preamble of which Act of Parliament strengthening the Credit of the former History I have here incerted An Act of Parliament for proscribing Babington and the Rest In most humble wise beseecheth your Royal Majesty the Lords Spiritual and Temporal and all other your most Loving and Obedient Subjects the Commons of this your most High Court of Parliament Assembled That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of ●●ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes have most falsely and Treacherously committed perpetrated and done many unnatural detestable and abominable Treasons to the most fearful peril and danger of the destruction of your most Royal Person and to the utter loss disherison and destruction of this your Highnesses Realm of England if God of his infinite goodness had not in due time revealed and given knowledge to your Highness of their Trayterous intent of and for the which said Treasons being manifestly and plainly proved the said Traytors and Offenders before named have been lawfully indicted and some of them have been and are lawfully and by due process Out-Lawed and thereby justly attainted and some other by Tryal of the Country and their own confessions and judgment thereupon given lawfully and justly convicted and attainted according to the Laws of this your Realm as by the Records of their several attainders more plainly it doth and may appear and for the which several Offences some of the same Offenders have suffered pains of Death according to their demerits And then the Parliament Confirms their attainder and confiscates their Lands and Tenements Goods and Chattels The next thing this Parliament did was by their Votes to approve The Tryal and Condemnation of Mary Queen of Scots approved and Her Execution desired by the Parliament and their Reasons for it D' Ewes Journal 392 393 395 400 401 405 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots and desired it might be published the Reasons whereof were delivered in divers Speeches made in the House of Commons upon this occasion and which are to be seen in Sir Simon D' Ewes his Journal at large They were drawn from the dangers that threatned Religion the Queens Person and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Religion and sworn a confederate in the Holy League for the extirpation of the Protestant Religion had now for a long time Arrogated unto her self the Title of Queen of England while the Queen lived whom as being excommunicate she held it lawful to do mischief to as far as lay in her Power and to take away her life a thing meritorious One who had over-thrown and ruined sundry flourishing Families in the Kingdom and cherished all the Treasonable designs and Rebellions in England to spare her therefore were nothing else but to spoil the People who would take impunity in this Case much to heart and would not think themselves discharged of their Oath of Association unless she were punished according to her deserts and lastly they called to her remembrance how fearful the examples of Gods vengeance were upon King Saul for sparing Agag and upon King Ahab for sparing the Life of Benhaddad These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen and by her answer it appears what a great straight she was in D' Ewes Journal f. 400. Queen Eliz. in a great
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 r●●●e●●ete calling of a Parliament D'Ewes Journal of Q. Eliz. Reign f. 1. Cambd. Ance●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
Treason This Act declares what shall not and what shall be Heresie Hist Ref. pt 2. ib. 3. f. 386. that no matter of Religion or cause Ecclesiastical within this Act shall be Heresie Schism or Schismatical Opinion nor any thing but what is so adjudged by the Canonical Scriptures and the four first general Council or other Councils by the true and genuine sence of the Holy Scriptures or what should afterwards be declared Heresie by the Parliament with the consent of the Convocation From which Act. I observe that altho' it was a Premunire before this Law to own a Foreign Jurisdiction as bringing in Bulls doth yet the Queen was willing to inflict a less punishment for the first offence to see if she could gain upon the Papists by Clemency and made it not high Treason till a conviction of the third offence and that Conviction to be according to the Antient Laws of the Land and not in an Arbitrary way which is much more mild than any of the Popish Laws were neither was this Law put in Execution against them till they grew troublesome to the State as I shall plainly make appear hereafter The next Law was for the uniformity of Common Prayer and service in the Church and administration of the Sacraments Whereby 1 Mar. ca. 2. is repealed 1 E●iz ca. 2 Rast Stat. p. 2 f 5. An Act of Vniformity Camd. Annal. fol. 27. and the last Book of Common-prayer c. made in Ed. 6 th time is established with the alteration of some few things By which Law it is provided that spiritual persons that shall use any other service or deprave or speak against the use of that for the first offence being legally Convicted shall lose the profits of his Benefice for a Year and shall suffer six months Imprisonment for the second Offence shall be deprived ipso facto for the third not only deprived but suffer Imprisonment during his Life a Lay person offending in the Premisses shall for the first Offence suffer Imprisonment for a Year without Bail or mainprize and for the second Offence shall suffer Imprisonment during Life Every one that by Enterludes Plays Songs Rhimes or other open words shall speak against any thing in derogation depraving or despising of the same Book or shall any ways maintain any person c. in using any other Service c. or shall hinder or interrupt the use of this Book For the first Offence shall forfeit 100 Marks for the second Offence 400 Marks and for the third Offence shall forfeit all his Goods and Chattels and suffer Imprisonment during Life and for non payment of the 100 Marks in 6 Weeks after his Conviction shall suffer six Months Imprisonment and for non payment of the 400 Marks shall suffer 12 Months Imprisonment without Bail or Mainprize All persons are by this Act required having no reasonable Excuse to resort to their Parish Church or upon reasonable Let to some other place where the service is used upon Sundays and Holy-days upon the Penalty of punishment by the Censures of the Church and 12 d. for every Default And for due Execution of this Act the Queen il ●ean trying the Bishops for being guilty of a Misdemeanor i● not complying with a Popish Prince against this Law be justified the Lords Temporal and all the Commons in that Parliament assembled did in God's Name earnestly require and charge the Arch-Bishops Bishops and other Ordinaries that they should endeavour themselves to the utmost of their knowledges that the due and true Execution thereof might he had throughout their Diocess and charges as they would answer before God for such Evils and Plagues wherewith Almighty God might Iustly punish his People for neglecting that good and wholsome Law. All Laws for other Service are hereby made void But may the Papists say Are not imprisonment Premunire and High Treason very great Penalties What Greater To this I answer That there is not any of them inflicted for the first Offence But punishment for the first offence is still but a pecuniary molct The Penalty ann●●ed to this Law justified and extends to neither Pillory Loss of Ears striking off hands or death much less death by Fire and Fagor The second Offence is restraint of Liberty and that but Temporary except in one single Case where it is for Life The punishment for the first Offence is no where made a Premunire nor Treason and 't is but in one case that the Party offending is made Guilty of High Treason and that is upon being Convicted of the third Offence too and for that very Off●nce the Party incurr'd a Premunire by the Law before And if it be granted me that it is necessary that some kind of Penalties be annexed to inforce obedience to Laws which certainly cannot be denyed these being such gradual Penalties the Papists themselves cannot but own that they are reasonable 5 Eliz. ca. 1 Rast Stat. pt 2. f. 39. An Act to exclude the Popes Pretences to any Authority here in England The reasonableness of it and the Penalties annexed to it The next Act of Parliament I shall take notice of is the Act for the assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions by which Act it is provided That if any person dwelling inhabiting or resiant within the Queens Dominions should after 1 Apr. 1563 by writing c. advisedly and wittingly hold c. maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore usurped within this Realm being lawfully Convicted thereof within a Year should incur a Premunire for the first Offence and High Treason for the Second the like Penalties are annexed to the Refusal of the Oath of Supremacy The reason of the making which Law appears from the Preamble of the Act and the History of those times The Preamble takes notice that Hures Perils Dishonours Inconveniences had before time befallen the Queens Majesties Noble Progenitors Kings of this Realm and the whole estate thereof by means of the Jurisdiction of the See of Rome unjustly claimed and usurped within this Realm and the Dominions thereof and also takes notice of Dangers the Queen and state was then in by the Fa●ters of the said usurped Power at that time grown to marvellous outrage and Licentious Boldness and therefore it was necessary to have more sharp restraint and correction of Laws then before in the time of the Queens Majesties most mild and merciful Reign had been establish'd Hence it plainly appears that the Parliament thought the Queens Person and the Kingdom in great Danger from the Papists who are all favourers of the Pope's Authority in England and if Cambden may be believed not without reason Cambd Annals fol. 58. for he tells us That Anno Domini 1562 in France the Professors of the Reformed Religion were most grievously afflicted And that thereupon the Papists in England muttered
to deliver the Duke out of Prison 14 Eliz. ca. 1. Rast Stat. p. 2. fol. 188. Divers other Conspiracies and Practices there were for delivering the Duke which occasioned a Parliament and the Parliaments making two Acts. One that those who should surprize demolish or burn any of the Queen's Forts should be guilty of Felony And that those who should hold the same by Force against the Queen burn her Ships or stop up her Havens should be guilty of High Treason Another against such as should conspire or practice the inlargement of any Prisoner committed for High Treason which as it is Printed by Rastal is as followeth 14 Eliz. ca. 2. Rast Stat. pt 2. f. 188 Against Consp●ring to deliver any imprisoned for Treason Forasmuch as great danger may ensue to the Queens Majesties person and great trouble to the State of the Realm by unlawful Conspiracies Devises and Imaginations to inlarge and set at Liberty such persons as be or shall be committed to any Prison Gard or Custody for any Treason touching the Royal Person of our said Soveraign Lady against which Devices Conspiracies and Imaginations sufficient remedy by the Laws of this Realm hath not been heretofore had nor provided unless the same Conspiracies Imaginations and Devises were Executed and brought to effect Be it therefore Enacted by our said Soveraign Lady the Queen the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that if any person or persons at any time after the end of this present Session of Parliament shall imagine conspire devise invent or go about unlawfully or malitiously to inlarge or set at liberty any person or persons committed or to be committed to any prison gard or custody by her Highness special Commandment for any Treason or suspition of Treason concerning the person of our said Soveraign Lady the Queen before any indictment of such person so sought or intended to be set at large or liberty as is aforesaid and the same conspiracies imaginations devices or inventions shall by express words writing or other matter or act expresly or manifestly set forth utter or declare that then every person so offending shall incur the penalty and forfeiture of Misprision of Treason and that all and every Offence and Offences to be comitted and done as is aforesaid shall be deemed and taken for Misprision of Treason And be it also Enacted by the Authority aforesaid that if any person or persons at any time after the end of this present Session of Parliament shall imagine conspire devise invent or go about unlawfully and malitiously to inlarge or set at liberty any person or persons committed or to be committed to any prison gard or custody being or which hereafter shall be induced of any Treason in any wise concerning the Person of our said Soveraign Lady the Queen and the same conspiracies imaginations devises or inventions shall by express words writing or other matter or act expresly or manifestly set forth utter or declare that then every such person so offending shall be deemed and adjudged a Felon and suffer lose and forfeit as in cases of Felony by the due course of the Laws of this Realm And be it further Enacted by the Authority aforesaid that if any person or persons at any time after the end of this present Session of Parliament shall imagine conspire devise invent or go about unlawfully and malitiously to inlarge or set at liberty any person or persons being committed to any prison gard or Custody after the same person or persons is or shall be attainted or convicted of any Treason in any wise concerning the Royal Person of our said Soveraign Lady the Queen and the same conspiracies imaginations devices or inventions shall by express words written matter or act as is aforesaid set forth utter or declare that then every person so offending shall be deemed and adjudged an High Traitor and shall suffer lose and forfeit as in cases of High Treason by the Laws and Statutes of this Realm This Act was to indure during the Queen's Majesties Life only In the year 1572 Camb. Annals fol. 188. Baker's Chron. f. 347. the Earl of Northumberland was also Executed for his Treason in the Northern Rebellion before mentioned But I find that altho' several Persons were apprehended for offending against 13 Eliz 2. which was made against bringing in Bulls Agnus Dei c. as private Tokens of Papal Obedience and against reconciling any to the See of Rome yet not one was Executed till 1577 which was almost twenty years after the Queen's Accession to the Crown The first that was convicted upon this Law was one Cuthbert Mayne a Priest Cambd. Annals f. 224 225 who being an obstinate Maintainer of the Pope's Power against his Princess was put to Death at St. Stephens Fane commonly called Launston in Cornwel and one Trugion a Gentleman that had harboured him was turned out of his Estate and condemned in perpetual Imprisonment and after him Hanse and Nelson and one Sherwood all for maintaining that the Queen was a Schismatick and Heretick and ought to be Deposed so that from the time of making 13 Eliz. ca. 2. in 1571 to this year of 1577 fair and calm weather shone upon the Papists in England who by a merciful connivance served God according to their own way of Worship in their private Houses in a manner without any Punishment altho ' it were prohibited by the Law by which a pecuniary Mulct was to be inflicted on them neither did the Queen in all this time offer violence to their Consciences nor was she easily to be induced to believe any thing amiss of the people much less to inflict punishments upon them for differing in Opinion being wont to say That she could believe nothing of her people which Parents would not believe of their Children And was not this Clemency and Kindness sufficient to prevail with the Papists to leave off their Plots and Contrivances against her and the Protestant Religion Were not these Laws severe enough to keep them within the bounds of their Duty Will neither Love allure them to Obedience nor threatnings upon so severe penalties as the loss of Life and Estate deter them from offending one might reasonably have expected it Steukly 's Plot. Cambd. Annals f. 230. Baker 's Chron. f. 354. But instead thereof in 1578 for Invading Ireland and England both at once and deposing of Q. Elizabeth who was the strongest Bulwark of the Reformed Religion both the Spaniard and Gregory the thirteenth Bishop of Rome entred into a Confederacy at and by the instigation of one Thomas Steukly a Fugitive herein before mentioned but that design by the Providence of God being defeated In the year 1579 one James Fitz-Morris a Fugitive raised a Rebellion in Ireland Fitz-Morris his Plot. Camb. Annals f. 336. the same James who had not long before been in a Rebellion and was upon
Wade the Clerk of the Councel by putting together these torn pieces of Paper with much pains and singular Dexterity discovered the Design Their spight was all at the Queen and the better to procure her ruin Martins Book against the Queen Foulis Hist l. 7. cap. 4. f. 338. there was a little Book composed and called a Treatise of Schism which amongst other things exhorted the Women at Court to Act the same against the Queen as Judith had done with Commendation against Holosernes The Author of this pernicious Pamphlet was one Gregory Martin formerly of St. Johns Colledge in Oxford and Contemporary with Campian The Duke of Norfolk made him Tutor to his eldest Son and indeed his Learning was noted being a good Linguist and one who had read much but in his writing he was very passionate and so sometimes inconsiderate One * Carter Prints Martins Book Concertat Eccles Cathol Angl. part 2. f. 127. c. Ruston de Schism Angl. l. 3. William Carter who had formerly been Amanuensis to Dr. Harpesfield one of Bishop Bonners Creatures and was now the chief Printer for the Romanists keeping two Presses at their Devotion gets this Book commended by Allen and Prints above a thousand for which he is tryed confesseth the Printing it vindicateth all is contained in it is condemned and executed and hath the Honour to be registred amongst their Martyrs By reason of these Treasons before mentioned as also upon occasion of Rumors from all parts that great Dangers were at hand and threatned to prevent the wicked Designs The Subjects of England Associate and Treacherous Practices of the Papists and to provide for the Queens safety upon which the Welfare both of the Realm and Religion depended many Men of all Degrees and Conditions throughout England by Leicesters means and out of their own publick Care and Love whilst they stood not in Fear of her but were full of Fear for her bound themselves in an Association by mutual Vows Subscriptions and Seals to prosecute to the Death as far as lay in their Power all those that should Attempt any thing against the Queen Upon which the Parliament meeting on Munday 23 d. Day of November 27 El. A Bill was in this Sessions brought into the House of Commons for Provision to be made for the Surety of the Queens Majesties Royal Person and the continuance of the Realm in peace and for confirming the said Association There was also in this Session of Parliament another Bill brought into the House of Commons against Jesuits Seminary Priests and other disobedient Persons and one William Parrey by Nation a Welshman born of obscure Parentage and of mean Estate by Title a Doctor of the Law though but indifferently Learned a Man exceeding proud Camb. Annals f. 305. D' Ewes his Journal f. 340 341 342. Bakers Cron. f. 364. Parry's contempt to the House of Commons when this Bill was read the third time which was Decemb. the 17th 1584. and with little or no Argument passed the House in very violent Terms spake directly against the whole Bill standing up for the Jesuits and pleading that the said Law svoured of Treasons was full of blood danger despair and terror or dread to the English Subjects of this Realm but refused to give his Reasons to the House or any other but the Queen for which he was committed to the Serjeants Custody till the House considered of his Crime and being called in again and he persisting in his contempt It was resolved that for that he did speak to the Bill and gave his Neggative voice so directly and undutifully and in contempt of the House would not shew his Reasons for the same being against the ancient Orders and Usage of that High Court and not for that he said he would shew them only to be discovered to her Majesty he should be committed to the Serjeants Ward till the Matter should be farther Examined On the 18th of December the Queen sent a Message to the House approving and commending what they had done in this matter and letting them know that Doctor Parry had been examined and made a discovery partly to the satisfaction of her Majesty and therefore desired that upon his humble submission and acknowledgement of his fault he might be dispensed with which was accordingly done But Feb. the 18th being in the Tower for Treason was disabled from being longer a Member of the House of Commons Parry's Treasonable Conspiracy for taking away the Queens Life Camb. Annals f. 306. Foulis Hist l. 7. ca. 4. f. 338. D' Ewes Journal f. 350. This very Parry when he got to be Parliament man was a Papist and afterwards accused by Edmond Nevil who claimed the Inheritance of Charles Nevil late Earl of Westmorland one of the Ring-leaders in the forementioned Plot in the North who a little before ended his Life in a Miserable Exile and the Title of Lord Latimer as next Heir Male to have been ingaged in a secret design for taking away the Queens Life This Parry had been pardoned formerly by the Queen of a Burglary and Assault for which he was Tryed and Condemned and to requite her enters into a Conspiracy to take away her Life which he being resolved to do and being then beyond Seas comes forthwith for London and the better to get access to the Queen and credit with her resolves to discover how he had been perswaded to kill her which he doth at White-Hall as cunningly as he can The Queen gave him the hearing and began to put some confidence in him He afterwards engageth the said Mr. Nevel in the design who declared himself convinced of the lawfulness and braveness of the Action so they both swear in Parry's Lodgings Secrecy to kill her yet all this while Parry carried it so fair with the Queen that She not only thought him a trusty Loyal Subject but intended him a liberal Pension or Allowance Foulis Hist l. 7. c. 4. f. 141. Whilst he thus gets esteem with the Queen and at the same time contrives her death Nevil resolves to discover all doth so and is examined by Leicester and Sir Christopher Hatton the Queen wonders at the juggle and contrivance but had it kept secreet And the better to find out the Plot Parry is sent for by Secretary Walsingham to his house there to see if he would any way confess this who had shewed himself soreedy on his own head to discover the Foreign de-signs against her Majesty The Secretary entertains him kindly telling him that the Queen had appointed him to deal with him in a Matter that highly concerned her Majesty knowing him to be one who bore an extraordinary devotion to her the Matter was the Queen had been advertized that there was some Plot in hand against her own Person wherewith she thought he could not but be made acquainted considering the great trust that some of her greatest Enemies reposed in him of this she desired to
presently brake his Oath and accused me of these things Cardinal Como's Letter to Parry Foulis Hist lib. 7. cap. 3. f. 393. The Letter also in that Confession mentioned to be writ from Cardinal Como to him as the same is related by Fowlis followeth SIR HIS Holiness hath seen your Letter of the first with the Certificate inclosed and cannot but commend the good disposition and resolution which you write to hold towards the Service and common good wherein his Holiness doth exhort you to persevere and to bring to effect that which you have promised And that you may be the more assisted by that good Spirit which hath moved you thereunto his Holiness grants unto you his Blessing plenary Indulgence and Remission of all your sins according as you have desired assuring you that besides the merit which you shall receive for so doing in Heaven his Holiness will farther make himself Debtor to acknowledg your deservings in the best manner that he can and the more because you use the greater modesty in not pretending any thing or reward Put therefore to effect your holy and honourable purposes and regard your health And to conclude I offer my self to you heartily and desire you all good and happy success At your Service N. Card. Di. Como Rome January 30th 1584. All this he confessed before the Lord Hunsdon Sir Christopher Hatton and Sir Francis Walsingham all three of the Privy Council he acknowledged his Fault and begged Pardon for the same by his Letters to the Queen to Burleigh and Leicester His LETTER to the Queen as Foulis relates it was as followeth Parry's Letter to Queen Elizabeth Foulis Hist lib. 7. cap. 4. f. 341. YOVR Majesty may see by my voluntary Confession the dangerous Fruits of a discontented Mind and how constantly I pursued my first conceived Purpose in Venice for the Relief of the afflicted Catholicks continued it in Lyons and resolved in Paris to put it in adventure for the Restitution of England to the antient Obedience of the See Apostolick You may see withal how it is commended allowed and warranted in Conscience Divinity and Policy by the Pope and some great Divines though it be true or likely that most of our English Divines loss practiced in Matters of this weight do utterly mislike and condemn it The enterprize is prevented and Conspiracy discovered by an honourable Gentleman my Kinsman and late familiar Friend Mr. Edmond Nevil Privy and by solemn Oath taken upon the Bible Party to the Matter whereof I am heartily glad but more sorry in my very Soul that ever I conceived or intended it how commendable and meritorious soever I thought it God shame him and forgive me who would not now before God attempt it if I had Liberty and Opportunity to do it to gain your Kingdom I beseech Christ that my Death and Example may as well satisfie your Majesty and the World as it shall glad and content me The Queen of Scotland is your Prisoner let her be honourably intreated but yet surely guarded The French King is French you know it well enough you will find him occupied when he should do you Good he will not loose a Pilgrimage to save you a Crown I have no more to say at this time but that with my Heart and Soul I do now honour and love you am inwardly sorry for my Offence and ready to make you amends by my Death and Patience Discharge me a Culpa but not a Paena good Lady And so farewel most Gracious and the best Natured and Qualified Queen that ever lived in England From the Tower the14th of Feb. 1584. William Parry Some short time after he was arraigned at the Kings-Bench-Bar in Westminster-Hall Parry's Arraignment and Confession and confessed himself Guilty and when his Confession was recorded and Judgment demanded against him Hatton thought it necessary for the Satisfaction of the Multitude that were present that his Crime should be clearly and fully represented out of his own Confession which Parry acknowledged to be voluntary and prayed the Judges that he might read it Himself But the Clerk of the Crown read both it and also Cardinal Como's Letter and Parry's own to the Queen to Burleigh and to Leicester which he confest to be the very Letters themselves yet did he deny that ever he was resolved to Kill the Queen Being now commanded to speak if he had any thing to say why Judgment should not be given against him he answered perplexedly as if he were troubled in Conscience for the foul Fact he had undertaken I see I must die because I have not been constant to my self Being will'd to declare more plainly what he meant My Blood said he be amongst you Sentence of Death being pronounced he in a Fury cited the Queen to the Judgment-Seat of God. He was executed in the Palace-Yard he said he was never fully resolved in his Mind to take away the Queens Life and then died without in the least commending himself to God. So let all the Enemies of Jesus Christ and his Gospel perish These Plots and Conspiracies produced the said two Acts before mentioned the one for Provision to be made for the Security of the Queens Majesties Person and the Continuance of the Realm in Peace by which the said Association was confirmed The other Act against Jesuits Seminary Priests who would ground any Villanous Plots and Designs upon the Bull of Pius Quintus The former of which Acts of Parliament followeth in these Words as it is in Rastal 27 Eliz. cap. 1. Rast Stat. 2. part f. 283. An Act for Provision to be made for the Surety of the Queens Majesties most Royal Person and the Continuance of the Realm in Peace Treason in any Successor or other for them to take away the Queens Life And in case it happens to be tried notwithstanding the Succession and their Issues utterly excluded from the Crown FOrasmuch as the good Felicity and Comfort of the whole State of this Realm consisteth only next under God in the Surety and Preservation of the Queens most excellent Majesty And for that it hath manifestly appeared that sundry wicked Plots and Means have of late been devised and laid as well in forreign Parts beyond the Seas as also within this Realm to the great endangering of Her Highness most Royal Person and to the utter Ruine of the whole Common-Wealth if by Gods merciful Providence the same had not been revealed therefore for the preventing of such great Perils as might hereafter otherwise grow by the like detestable and devilish Practices at the humble Suit and earnest Petition and Desire of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Parliament Be it enacted and ordained if at any time after the end of this present Session of Parliament an open Invasion or Rebellion shall be had or made into or within any of Her Majesties Realms
wickedness and resolution of the Jesuites they stuck at nothing to compass their own ends they had attempted to poison him but he had escaped When he had finished this Discourse which lasted about a quarter of an hour I asked him if the Company should not withdraw and he said yes and ordered his Nurses to go out and only his Wife to stay to tend him And thereupon all went out saving Mrs. Bedlow and my self and my Servant William Janes then I told him I thought it convenient that what he should then say unto me should be upon Oath he replyed that it was necessary it should be so and called for a Bible but my Servant having brought a Book with him administred the Oath to him and laying his Paper upon a Chair by the Bed-side writ down his Deposition as he delivered it When Mr. Bedlow had concluded and said That was all he had to inform me of I took the Paper and read it over distinctly to him and he approved it and signed it laying the Paper upon a Pillow I thought it not fit considering his Condition to perplex him with Questions but took his Information as he offered it and held no discourse with him when the Company was withdrawn but concerning the true setting down his Depositions and when he seemed to be weary to mind him of taking Cordials which his Wife reached to him as he desired them The next day Mr. Bedlow's Brother came to me and told me that his Brother desired a Copy of the Deposition he made before me But I told him I had well considered it and could not give him a Copy without the Kings leave But I would move the King in it and if he gave leave I would take care to send one to him And Mr. Bedlow's Brother then told me That it was his Brothers desire that I should represent to his Majesty his Condition and that his Sickness was very chargable and move his Majesty on his behalf for some supply of Money for his Subsistance which I promised to do This is all that I can recollect of what passed upon this Occasion and is in substance true but the very Words or the Order I cannot positively remember Francis North. To the Right Honourable Sir Lyonel Jenkins One of His Majesties Principal Secretaries of State. SIR I Always intended to write from hence to pay my thanks for the whole Circuit which was much more pleasant by your Favour of holding Correspondence with me But now I have business of some Importance for as I soon as I came to this City I received a Message from Mr. Bedlow by Sir John Knight that he being very ill and in the Judgment of Physitians in great danger of Death had some business of great moment to impart to me I knowing the Man and the Season would not refuse the pains to give him a Visit and being satisfied by Physitians that there was no Contagious quality in his Distemper though I did not much fear it I went well accompanied and in the presence of the Company he declared that what he had said relating to the Plot was true and be being a dying Man had nothing lay upon his Conscience upon that score The greatest trouble he had was the danger the King whom he loved above all things was in from the Papists at this time who would attempt his Life as soon as ever he should cease to be kind to them and many other expressions of this kind After this I asked if he had any thing to impart to me in private he told me he had and having made the Company withdraw all but my Clark I took the inclosed Examination upon Oath you may imagine I was not curious to perplex him with Questions I took it just as he delivered it of what signification it will be I leave to wiser Men I think my duty is to send it to you that you may inform his Majesty of the truth I shall wait upon you at Windsor upon Sunday next to receive your further Commands Your most humble and faithful Servant Francis North. And now the Truth of this is thus confirmed by as strong Testimony as can well be given the first part of it premeditated Letters of one of the Conspirators themselves nay the chiefest those Letters owned and acknowledeged by him to be his own Writing and he afterwards fairly tryed legally convicted and condemned and afterwards justly executed for the Treason The other verba morientis which have always weight unless they be dilivered Men who 't is known think it meritorious to dye with a falsehood in their Mouth when 't is to serve the interest of the Church whereof they profess to dye Members I say the Truth of this being thus apparent there certainly needs no other ground or reason to be given for the making the 30. Car. 2. ca. 1. for excluding Papists from sitting in either House of Parliament especially if it be considered how much they by being at Court and sitting in Parliament in the precedent Reigns had interrupted the Protestants in the measures they designed to take for their own preservation which things were examined into upon the discovery of this Plot and therefore it appeared absolutely necessary to exclude them both the Court and the Parliament The Preamble of the Act and the Substance of the Enacting Part take as followeth FOR as much as divers good Laws have been made for preventing the increase and danger of Popery in this Kingdom which have not had the desired effects 30. Car. c. 1. An Act for excluding the Papists the Parliament by reason of the free access which Popish Recusants have had to his Majesties Court and by reason of the Liberty which of late some of the Recusants have had and taken to sit and vote in Parliament Wherefore for the safety of his Majesties Royal Person and Government It was Enacted that from the first day of December 1678. No Member of the House of Peers or Commons should vote or sit in either House after the Speaker was chose till every such Peer or Member had first taken the several Oaths of Allegiance and Supremacy and made subscribed and credibly repeated the Declaration following I A. B. do solemnly and sincerely in the presence of God profess testifie and declare that I do believe that in the Sacrament of the Lords Supper there is not any Transubstantiation of the Elements of the Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever and that the Invocation or Adoration of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And I do solemnly in the presence of God profess testify and declare that I do make this Declaration and every part thereof in the plain and ordinary sence of the Words read unto me as they are commonly understood by English Protestants
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined tending to the Hurt of Her Majesties Royal Person by any Person or with the Privity of any Person that shall or may pretend Title to the Crown of this Realm That then by Her Majesties Commission under Her Great Seal the Lords and others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or any of Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all Her Highnesses Subjects shall and may lawfully by virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means any such detestable Fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid That the Lords and others Commissioners to try such Traitors in case the Queen should be killed which shall be of Her Majesties Privy Council at the time of such her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be Persons that may make any Title to the Crown those Persons which were Chief Iustices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner of such Her Majesties Death and what Persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that Behalf be needful and convenient but also to use all other Means and things possible and necessary for the maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or stirred in disturbance of the due Execution of this Law by any Person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the Effect and true Meaning of the same That then every Person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto them for assistance as is aforesaid in all things to be done and executed according to the Effect and Intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor of this Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions