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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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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
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 refus●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
brought their Designs about and the Palatinate was irretrievably lost they broke off the Match and left the King and Prince in the Lurch Right Popish Jugling After this Treaty was dissolved the King thinks of a Match with France The French Match Rushw Coll. 1 pt f. 114. A Parliament called and the Lord Kensington was sent Ambassadot into France to feel the Pulse of that Court touching it and gives an Account that it would be accepted soon after which a Parliament was called to meet the twelfth of February in the 21 st year of this King 1623. and now the King is of the Mind to take the Parliaments Advice about his Sons Match as he told them and is grieved for the Increase of Popery if after all the foregoing Passages it be to be believed and promises a great deal and porforms never a whit And here I cannot omit what Wilson saith speaking of this Parliaments Petition against Papists and the Kings Answer both which he hath printed at large f. 272.273 274 275. to which I refer the Reader If the King saith he had seriously and really considered the very last Clause of this Petition wherein the Glory of God and the Safety of his Kingdoms so much consisted as the Parliament wisely express and foresee and which the King saith is the best Advice in the World and which he promised so faithfully to observe in the next Treaty of Marriage for his Son it might perhaps have kept the Crown upon the head of his Posterity But when Princes break with the People A good Caution for all Christian Princes and States in those Promises that concern the Honour of God God will let their People break with them to their Ruine and Dishonour And this Maxim holds in all Powers whether Kingdoms or Common-wealths as they are established by Justice so the Justice of Religion which tends most to the Glory of God is principally to be observed The Parliament followed the Chase close The Parliament displaceth Papists and bolted out divers of the Nobility and Gentry of Eminency popishly affected that had earthed themselves in Places of high Trust and Power in the Kingdom as if they meant to undermine the Nation Their Names Wilson saith were these Francis Earl of Rutland the Duke of Buckinghams Wives Father Sir Thomas Compton Their Names VVilson's Hist f. 276. that was married to the Dukes Mother and the Countess her self who was the Cynosure they all steered by the Earl of Castle-haven the Lord Herbert after Earl of Worcester the Lord Viscount Colchester after Earl of Rivers the Lord Peter the Lord Morley the Lord Windsor the Lord Eure the Lord Wotton the Lord Teinham the Lord Scroop who was Lord President of the North and which they omitted the Earl of Northampton Lord President of Wales who married his Children to Papists and permitted them to be bred up in Popery Sir William Courtney Sir Thomas Brudnell Sir Thomas Somerset Sir Gilbert Ireland Sir Francis Stonners Sir Anthony Brown Sir Francis Howard Sir William Powel Sir Francis Lacon Sir Lewis Lewkner Sir William Awbury Sir John Gage Sir John Shelly Sir Henry Carvell Sir Thomas Wiseman Sir Thomas Ge●rard Sir John Filpot Sir Thomas Russel Sir Henry Beddingfield Sir William Wrey Sir John Counwey Sir Charles Jones Sir Ralph Conyers Sir Thomas Lamplough Sir Thomas Savage Sir William Mosely Sir Hugh Beston Sir Thomas Riddall Sir Marmaduke Nivell Sir John Townesend Sir William Norris Sir Philip Knevet Sir John Tasborough Sir William Selbie Sir Richard Titehborn Sir John Hall Sir George Perkins Sir Thomas Penrodduck Sir Nicholas Saunders Knights besides several Esquires popishly addicted either in their own Persons or by means of their Wives too tedious to be expressed here and these were dispersed and seated in every County who were not only in Office and Commission but had Countenance from Court by which they grew up and flourished so that their Exuberancy hindred the Growth of any Goodness or Piety their Malice pleased to drop upon Soon after which the Parliament was adjourned after they had made thirty five publick Acts and seventy three private ones but nothing was done with relation to the Papists Rushw Coll. 1 pt f. 154 155. VVilson f. 277. saith the King desired this Match above all Earthly Blessings The King admiring the Alliance of mighty Kings though of a contrary Religion desired the Match with France unmeasurably notwithstanding his Promise to the Parliament which the French perceived and though they were very forward before yet now abated of that Forwardness And whereas they were at first very modest in their Demands in favour of the Papists yet now inlarged those Demands and strained the King to the Concession of such Immunities as he had promised the Parliament he would never grant In August 1624. this Match was concluded and in November the Articles were sworn unto by King James Prince Charles and the French King the Articles concerning Religion were not much short of those for the Spanish Match Papists encouraged by the Treaty with France Rushw Coll. 1 pt f. 154. The Papists formerly daunted by the Breach of the Spanish Match were now again revived by the Marriage Treaty with France And at this time upon the Death of William titular Bishop of Calcedon most of the English Secular Priests did petition the Pope that another Bishop might be sent over into England there to ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Killison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this Matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo the President of the English Benedictines of Doway wrote a Letter in their Behalf at the Congregation at Rome named of the Propagation of the Faith. Dated the 12 th of December 1624. In which Letter was this Passage That there were above sixty Benedictine Monks in England and that it is not to be doubted said he for that it is already seen the good Success under the first Bishop that another Bishop being constituted there would be more joyful Fruits within two Years in the English Mission than hitherto hath been for sixty years now lapsed But not long after the Episcopal party of the Romish Church prevailing Pope Vrban the VIII created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions The Close of this Kings Reign Rushw Coll. f. 155. And now I am come to the Close of this Kings Reign for after he had notwithstanding all his connivance at the Papists out of either Ambition or Cowardise recommended the Protection of the Church of England to the then Prince of Wales Charles the First advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter
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
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
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
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
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
after fear to enter into any cogitation to attempt the like Barbarous and detestable Treasons that the Convictions and Attainder of the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby might be confirmed which was confirmed by Authority of Parliament accordingly and then it was Enacted that as well the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby as also the said Robert Catesby Thomas Piercy John Wright Hugh Owen and Francis Tresham should be attainted of High Treason and forfeit as in Cases of High Treason according to their several and respective Convictions and Attainders When the Parliament had thus first acknowledged Gods goodness in this deliverance and made the said Act of Attainder The consideration of the Treachery and Villany of this Gun-Powder-Plot undertaken under the pretence of maintaining and restoreing Popery engaged the State to consult the preservation of the Government and the Protestant Religion and considering the furious Zeal and wicked Principles of the Papists in affirming the lawfulness of deposing and killing all Heretical Kings and such they esteem all Protestant Kings to be that the Pope had Power to deprive Temporal Princes absolve Subjects from their Obedience and such-like Villanous Positions with the many wicked Practices against the Crown and Life of Queen Elizabeth and King James Upon these and such like considerations after several serious deliberations and consultations in Parliament to prevent the like mischiefs they thought fit to draw up a solemn Oath whereby every one should Abjure such Treasonable Doctrines and Swear for the future to behave themselves as became good Subjects which Oath was this The Oath of Allegiance Anno Tertio Jacobi primi Foulis Hist. l. 10. c. 2. f. 522. I A. B. Do truly and sincerely acknowledge profess Testifie and Declare in my Conscience before God and the World that our Soveraign Lord King is Lawful and is Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King. Or to dispose any of his Majesties Kingdoms or Dominions Or to Authorize any Forreign Prince to Invade or annoy him or his Countries Or to discharge any of his Subjects of their Allegiance and Obedience to His Majesty Or to give License or leave to any of them to bear Arms raise troubles c. Or to offer any Violence or Hurt to his Majesties Royal Person or Government or to any of his Majesties Subjects within his Majesties Dominions As also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bare Faith and true Allegiance unto his Majesty his Heirs and Successors And him and them will defend to the utmost of my Power against all Conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by Reason or Colour of any such Sentence or Declaration or otherwise And will do my best endeavour to disclose and make known unto His Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further Swear that I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrine and Position that Princes which be Excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope or any Person whatsoever hath Power to Absolve me of this Oath or any part thereof Which I acknowledge by good and full Authority to be Lawfully Ministred unto me And do Renounce all Pardons and Dispensations to the Contrary And all these things I do plainly and sincerely acknowledge and Swear according to the express Words by me spoken according to the plain and common sence and understanding of the same words without any Equivocation or Mental Evasion or Secret Reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God. A. B. Unto which Oath so taken the said Person shall subscribe His or Her Name or Mark. The Papists lookt upon the (a) Cecil Earl of Salisbury principal Secretary of State to be the chief promoter of the Oath of Allegiance and therefore used all their endeavours to deter him from Prosecuting it thinking that if they could take him off these Parliamentary transactions would fall to the ground they therefore sent the following Letter to him viz. My Lord VVHereas the late unapproveable and must wicked design The Papists threatning Letter to the Earl of Salibury Foulis Hist l. 10. c. 3. f. 521. for destroying of his Majesty the Prince and Nobility with many other of worth and quality attempted through the undertaking Spirits of some more fiery and turbulent then Zealous and dispassionate Catholics hath made the general State of our Catholic Cause so scandalous in the Eye of such whose corrupted Judgments are not able to fan away and sever the fault of the Professor from the profession its self as that who now is found to be of that Religion is persuaded at least in mind to allow tho God knoweth as much abhoring as any Puritan whatsoever the said former most inhumane and Barbarous project And whereas some of His Majesties Councel but especially your Lordship as being known to be as the Philosopher termeth it a Primus Motor in such uncharitable proceedings are determined as it is feared by taking advantage of so foul a scandal to root out all the Memory of Catholic Religion either by suddain Banishment Massacre Imprisonment or some such unsupportable vexations and pressures and perhaps by decreeing in this next Parliament some more cruel and horrible Laws against Catholics then already are made In regard of the premises there are some good Men Good men and Roman Catholics who through their earnest desire for the continuing the Catholic Religion and for saving many Souls both of this present and of all future posterity are resolved to prevent so great a mischief tho with a full assurance aforehand of the loss of their dearest Lives You are therefore hereby to be admonished May Murther Privy Councillors that at this present there are Five who have severally undertaken your Death and have vowed the performance thereof by taking already the Blessed Sacrament if you
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
Your Majesty and States on the other part for private Men to accomplish their corrupt Ends. His Majesties ANSWER to the Fourth ARTICLE TO the fourth Article His Majesty is most willing to punish for the time past and prevent for the future any of the Deceits and Abuses mentioned in this Article and will account it a good Service in any that will inform himself his Privy Council Officers of his Revenue Judges or learned Council of any thing that may reveal this Mystery of Iniquity and His Majesty doth strictly command every one of them to whom such Information shall be brought that they suffer not the same to dye but do their utmost Endeavour to effect a clear Discovery and bring the Offenders to Punishment and to the intent no concealed Toleration may be effected His Majesty leaves the Laws to their Course 5. Article THat as the Persons of Ambassadors from Foreign Princes and their Houses be free for the Exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto Your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great Offence of Almighty God and Scandal of Your Majesties People loyally and religiously affected that either the Concourse of Recusants to such Places may be restrained or at least such a vigilant Watch set upon them at their return from those Places as they may be apprehended and severely proceeded withal Vt qui palam in Luce peccant in Luce puniantur His Majesties ANSWER to the Fifth ARTICLE TO the fifth His Majesty is well pleased to prohibit and restrain their coming and Resort to the Houses of Ambassadors and will command a vigilant Watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this Your Majesties Kingdom or any Ships of Your Majesties 6. Article or which shall be employed in Your Majesties Service be committed to Popish Recusants or to Non-communicants by the Space of a Year past or to any such Persons as according to Direction of former Acts of State are justly to be suspected as the Place and Authority of Lords Lieutenants Deputy Lieutenants Justices of the Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third Year of the Reign of Your Father of Blessed Memory and that such as by Connivance have crept into such Places may by Your Majesties Royal Command be discharged of the same His Majesties ANSWER to the Sixth ARTICLE TO the Sixth His Majesty is perswaded that this Article is already observed with good Care nevertheless for the avoiding as much as may be all Errors and escapes in that kind His Majesty will give Charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the State of their several Circuits if any such as are mentioned in this Article be in the Commission of the Peace that due Reformation be made thereof and will likewise give Order to the Lord Admiral and such other to whom it shall appertain to make diligent Inquiry and certificate to His Majesty if any such be in place of Authority and Command in His Ships or Service THat all Your Majesties Judges Justices and Ministers of Justice unto whose Care and Trust Execution which is the Life of Your Majesties Laws is committed may 7. Article by Your Majesties Proclamation not only be commanded to put in speedy Execution those Laws which stand in force against Jesuits Seminary Priests and Popish Recusants but that Your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict Account of their Proceedings at their Returns out of their Circuits unto the Lord Keeper by the Lord Keeper to be presented unto Your Majesty His Majesties ANSWER to the Seventh ARTICLE TO the seventh His Majesty doth fully grant it 8. Article AND for a fair and clear Eradication of all Popery for the future and for the breeding and nursing up of a Holy Generation and a peculiar People sanctified unto the true Worship of Almighty God that until a Provisional Law be made for the Training and Educating of the Children of Popish Recusants in the Grounds and Principles of our Holy Religion which we perceive will be of more Power and Force to unite Your People unto You in fastness of Love Religion and Loyal Obedience then all Pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into Your Princely Care and Consideration these our humble Petitions proceeding from Hearts and Affections Loyally and Religiously devoted to God and Your Majesties Service and to the Safety of Your Majesties Sacred Person we most zealously present to Your Princely Wisdom craving Your Majesties chearful and gracious Approbation His Majesties ANSWER to the Eighth ARTICLE TO the eighth His Majesty doth well approve it as a Matter of necessary Consideration and the Parliament now sitting he recommendeth to both Houses the Preparation of a fitting Law to that effect And His Majesty doth further declare that the Mildness that hath been used towards those of the Popish Religion hath been upon Hope that Foreign Princes thereby might be induced to use Moderation towards their Subjects of the Reformed Religion but not finding that good Effect which was expected His Majesty resolveth unless he shall very speedily see better Fruits to add a further degree of Severity to that which in that Petition is desired The Parliament after this made a Law against the Papists Intituled An Act to restrain the Passing or Sending of any to be Popishly bred beyond the Seas The Substance whereof take as followeth That 3 Car. 1. ca 2. Keebles Stat. f. 1098. By this Law Papists are prohibited sending their Children or others beyond Seas to be instructed in the Popish Religion FOrasmuch as divers ill affected Persons to the true Religion within this Realm had sent their Children into Foreign Parts to be bred up in Popery notwithstanding the Restraint of it by 1 Jac. 1. It was enacted That that Law should be put in Execution and further that if any Person or Persons being Subjects should pass over or go convey or send or cause to be sent or conveyed any Children or other Person beyond Seas to the Intent and Purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or Houses of Iesuits Priests or in any Private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or should convey or send or cause to be conveyed or sent any sum or other thing towards the maintenance of any already gone or sent under any
War. But admitting that His Majesty could by his great Strength and Conduct maintain himself in as good a Condition to Treat the next Year as he was then in which was as much as could then reasonably be hoped for he should have saved by this Proposal as much as all the Men he must needs lose and all the Charges he should be in a Year would be valued to amount to more than 300000 Pounds Sterling and so much more in Case his Condition should decay as it should be worse than it was when this was made And the Condition of his R. H. and of the Catholick Religion here which depends very much upon the success of his most Christian Majesty delivered from a great wany frights and real hazards Father Ferryer seemed to be very sensible of the benefit all Parties would gain by this Proposal But yet it was unfortunately delayed by an unhappy and tedious Fit of Sickness which kept him so long from the King in the France Comte and made him so unable to wait on His Majesty after he did return to Paris But so soon as he could compass it he was pleased to acquaint His Majesty with it and wrote to the Duke himself and did me the Honour to write unto me also the 15 th of Septemb. 1674. and sent his Letter by Sir William Throckmorton who came Express upon that Errand In these Letters he gave his R. H. fresh assurance of his most Christian Majesties Friendship and of his Zeal and readiness to comply with every thing his R. H. had or should think fit to propose in favour of Religion or the business of Money And that he commanded Monsieur Rouvigny as to the latter to Treat and deal with his R. H. and to receive and observe his Orders and Directions but desired that he might not at all be concerned as to the former but that his R. H. would cause what Proposition he should think fit to be made about Religion to be offered either to Father Ferryer or Monsieur Pompone These Letters came to us about the middle of September and his R. H. expected daily when Monsieur Rouvigny should speak to him about the Subject of that Letter But he took no notice at all of any thing till the 29 th of September the evening before the King and the Duke went to Newmarket for a Fortnight and then only said that he had Commands from his Master to give his R. H. the most firm assurance of his Friendship imaginable or something to that purpose making his R. H. a general Complement but made no mention of any particular Orders relating to Father Ferryer's Letter The Duke wondring at this Proceeding and being obliged to stay a good part of October at Newmarket and soon after his coming back hearing of the Death of Father Ferryer he gave over all other further prosecuting of the former Project But I believe I saw Monsieur Rouvigny's Policy all along who was willing to save his Masters Money upon assurance that we would do all we could to stave off the Parliament for our own sakes that we would struggle as hard without Money as with it And we having by that time upon our own Interest prevailed to get the Parliament Prorogued to the 13 th of April he thought that Prorogation being to a day so high in the Spring would put the Confederates so far beyond their measures as that it might procure a Peace and be as useful to France as a Dissolution Upon these Reasons I suppose he went. I had several Discourses with him and did so far open my self to him as to say I could wish his Master would give us leave to offer to our Master 300000 Pounds for the Dissolution of the Parliament And shewed him that a Peace would most certainly follow a Dissolution which he agreed with me in and that we desired not the Money from his Master to excite our Wills or to make us more industrious to use our utmost Powers to procure a Dissolution but to strengthen our Power and Credit with the King and to render us more capable to succeed with his Majesty as most certainly we should have done had we been fortified with such an Argument To this purpose I press'd Monsieur Pompone frequently by Sir William Throckmorton who returned hence again into France on the 10 th of November the Day our Parliament should have met but was Prorogued Monsieur Pompone as I was informed by Sir William did seem to approve the thing But yet had two Objections against it First that the Sum propos'd was great and could be very ill spar'd in the Circumstances his most Christian Majesty was in To which we answer'd That if by his Expending that Sum he could procure a Dissolution of our Parliament and thereby a Peace which every Body agreed would necessarily follow His most Christian Majesty would gain his Ends and save five or ten times a greater Sum and so be a good Husband by his Expence And if we did not procure a Dissolution he should not be at that Expence at all For that we desired him only to promise upon that Condition which we were content to be obliged to perform first The second Objection was the Duke did not move nor appear in it himself To that we answer'd That he did not indeed to Monsieur Pompone because he had found so ill an effect of the Negotiation with Father Ferryer when it came into Monsieur Rouvigny's hands But that he had concern'd himself in it to Father Ferryer Yet I continued to prosecute and press the Dissolution of the Parliament detesting all Prorogations as only so much loss of time and a means of strengthening all those who depend upon it in opposition to the Crown the interest of France and Catholick Religion in the Opinion they had taken that our King durst not part with his Parliament apprehending that another would be much worse Second that he could not live long without a Parliament therefore they must suddenly meet The longer he kept them off the greater his necessity would grow and consequently their Power to make him do what they listed would increase accordingly And therefore if they could but maintain themselves a while the Day would certainly come in a short time in which they should be able to work their Wills. Such Discourses as these kept the Confederates and our Male-contents in heart and made them weather on the War in spight of all our Prorogations Therefore I press'd as I have said a Dissolution until February last when our Circumstances were so totally Changed that we were forced to change our Councels too and be as much for the Parliaments sitting as we were before against it Our Change was thus before that time the Lord Arlington was the only Minister in Credit who thought himself out of all danger of the Parliament He having been accused before them and justified and therefore was Zealous for their Sitting And to increase his
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
minding the Governance and Order of his most loving Subjects 1 Ed. 6. ca. 1. Rast Stat. f. 902. The Administration of the Lords Supper restored and the punishment inflicted on despisers and neglecters of it more moderate than what the Papists inflicted on the Protestants to be in most perfect unity and concord in all things and in especial in the true Faith and Religion of God and wishing the same to be brought about with all Clemency and Mercy on his Highness part towards them as his most Princely Serenity and Majesty hath already declared by evident proof to the intent that his most loving Subjects provoked by Clemency and Goodness of their Prince and King should study rather for love than fear to do their duties first to Almighty God and then to him and the Commonwealth nourishing concord and love amongst themselves yet considered and perceived that in a Multitude all were not of that sort that Reason and the Knowledge of their Duty could move them from Offences but many had need of some bridle of fear and that same were men most contentious and arrogant for the most part or else most dlind and ignorant by the means of which sort of men many things well and godly instituted and to the Edification of many were perverted and abused and turned to their own and others great loss and hindrance and sometime to extream destruction the which doth appear in nothing more or sooner than in matters of Religion and in the great and high Mysteries thereof and particularly instanceth in the most comfortable Sacrament of the body and blood of our Saviour Iesus Christ and sets forth that the same was Instituted by Christ himself the words of the Institution and for what end and then saith that notwithstanding this the said Sacrament had been marvelously abused by such manner of men before rehearsed who of wickedness or else of ignorance and want of learning for certain abuses then-to-fore committed of some in misusing thereof had condemned in their hearts and speech the whole thing and contemptuously depraved despised or reviled the same most holy and blessed Sacrament and not only disputed and reasoned unreverently and ungodly of that most high Mystery but also in their Sermons Preachings Readings Lectures Communications Arguments Talks Songs Plays or Iests name or call it by such vile and unseemly words as Christian Ears do abhor to hear rehearsed From this preamble I gather that the Popish Clergy had been greatly guilty of defaming the administration of the Sacrament of the Lord's Supper as used by the Protestants according to our Saviour's Institution and that this Law was made to inhibit such defamations and to effect the same with as much Clemency and Gentleness as the nature of the thing and the circumstances of time would bear as will appear by what was Enacted for Reformation of such abuse which was That whoever was guilty of the like abuse after the time in the Act for that purpose mentioned should be imprisoned and make fine and ransome at the King's Will and Pleasure That three Justices of the Peace at least whereof one to be of the Quorum should have power to take Informations and Accusations by the Oaths and Depositions of two able honest and lawful Persons at the least and then to trye the party accused by a Jury at their Quarter Sessions From which I observe First that the Reformers did not make any Offence relating to the Sacrament high Treason as the Papists had done denying Transubstantiation 2. That they did not leave it to the Clergy to examine in a Summary way and convict and then deliver the Offender over to the Secular power to be burnt but left the Party to be accused by Legal Witnesses and Tryed by a Jury of Honest and Legal Men according to the Fundamental Laws of the Kingdom Nay 3 dly They were so far from restraining the party accused of his Liberty That it is particularly provided by the said Statute that they might take Bail for his appearance After which it was Enacted by the same Act and which I desire you to take in Doctor Burnet's own words That it being more agreeable to Christ's first Institution and the practice of the Church for five hundred years after Christ Hist Reform pt 2. p. 41. that the Sacrament should be given in both the kinds of Bread and Wine than in one kind only it should be commonly given in both kinds except necessity did otherwise require and it being also more agreeable to the first Institution and the Primitive Practice that the People should receive with the Priest than that the Priest should receive it alone Therefore the day before every Sacrament an Exhortation was to be made to the People to prepare themselves for it in which the benefits and dangers of worthy and unworthy Receiving were to be expressed and the Priests were not without a lawful Cause to deny it to any who humbly asked it From which I observe That this Act was made to restore the Administration of the Lords Supper to its Antient and Primitive usage in both kinds with the Priest and that the Priest had not power to refuse giving it to any without just ground and that however here is no Penalty annexed either Spiritual or Temporal Several other Laws were made in order to carrying on the Reformation which inflicted no Penalty upon the Popish Clergy or Layety but were made for the well governing the Church of England as it stood then Reformed and put it out of the power of the Papists to hurt them Rast Stat. f. 904. as the 1 E. 6.2 for the Election of Bishops 1 Ed. 6.12 for repealing 5 R. 2.6 2 H. 5.7.25 H. 8.14.31 H. 8.14 34 H. 8.1 and 35 H. 8.5 Which were the severe Laws that the Popish Bishops and Prelates had obtained against the Professors of the true Religion whom they had nick-named in derision Lollards Hereticks and Gospellers When the Reformation in Edward the 6 th's time had restored the right Administration of the Sacrament of the Lord's Supper they rested for two years before they reformed the Liturgy to the end they might by degrees and with all Acts of Clemency and Kindness draw the Papists off from their Innovations and Corruptions but finding that would not do in the 3 d. year of Ed. 6. An Act for Vniformity of Service and Administration of the Sacraments throughout the Realm was made and enjoyned upon much milder penalties than any Laws relating to Religion that were made by the Papists for the Excellency of the Preamble of which Act and that the truth of the Penalties may appear I have inserted both 23 E. 6. Ca. 1. Rast Stat. f. 932. An Act for Vniformity upon mild Penaltus injoyned Whereas long time there hath been had in this Realm of England and in Wales divers forms of Common-Prayer commonly called the Service of the Church that is to say the use of Sarum of York of
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. B●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. Keeh●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
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
from the good understanding of their Duty towards God the Queen had by their Lewd and subtle Practices and Perswasions so far wrought that sundry persons had been reconciled to the said usurpt Authority of the See of Rome and did take Absolution at the hands of the said naughty and subtle Practicers whereby there was grown great disobedience and boldness in many not only to withdraw and absent themselves from all Divine Service but also did think themselves discharged from all Obedience Duty and Allegiance to her Majesty that thereupon most wicked and unnatural Rebellion had ensued and to the further danger of this Realm was likely to be renewed if the ungodly attempts in that behalf were not by severity of Laws restrained and bridled This Law therefore provides that they who by Bulls or other Instruments of the Bishop of Rome should reconcile any person to the Church of Rome and those also who should be so reconciled should incur the Penalty of High Treason That those who should relieve such as did so reconcile Men or should bring into England any Agnus Dei's or any Crosses Pictures Beads or such like vain and superstitious Things Consecrated by the Bishop of Rome should undergo the Penalty of a Premunire That they who should not discover such as did so reconcile should be guilty of Misprision of Treason From the precedent History of Fact and the Preamble of these two Acts of Parliament and the Acts themselves I observe three things 1 st That the Kingdom of England is in it self a Free State exempt from all Foreign Jurisdiction whatever by the Common Law of this Kingdom 2 dly That there had been deep Designs on foot before the making of these Acts of Parliament for the inslaving this Kingdom to the Bishop and See of Rome subverting the Protestant Religion and introducing Popery and in order thereunto there were several Plots laid to destroy the person of the Queen 3 dly That these were all laid and carried on by the Pope and some Papists that were the Queens own Subjects and others their adherents and therefore certainly it must be granted that it was very necessary at that time to make these Laws against the Papists And that it was but reasonable to make them The Secular Priests own the Reasonableness of making these Laws Collection of several Treatises concerning the reasons and occasions of the Penal-Laws The 1st printed in 1583. the second in 1601. the third in 1662. and all reprinted in 1688. fol. 36. even the Secular Priests themselves have owned in their important Considerations They confess that Pius V. did practise her Majesties subversion that Ridolpho was sent hither by the Pope under Colour of Merchandize to sollicit a Rebellion That Pius V. moved the King of Spain to Joyn in this exploit That the Bull was devised purposely to further the intended Rebellion for depriving her Majesty from her Kingdom That the Pope and King of Spain assigned the Duke of Norfolk to be head of this Rebellion That the Pope gave order to Ridolpho to take 150000 Crowns to set forwards this Attempt That some of this money was sent to Scotland and some delivered to the Duke That King Philip at the Pope's Instance determined to send the Duke of Alva into England with all his forces out of the Low-Countries to assist the Duke of Norfolk which they confess in this manner That these things their Adversaries the Protestants Charged on them as true and that they were in hand whilst her Majesty dealt so mercifully with them and therefore ask'd them how they could excuse these designs so Unchristian so unpriestly so Treacherous and so unprince-like To which they answer that when they first heard the aforementioned particulars they did not believe them but would have laid their Lives they had been false but when they saw them printed in the Life of Pius V they appeal to God they were amazed Collection f. 37 and say they can say no more but that his Holiness was misinformed and indirectly drawn to these courses They confess that there being several persons in Prison when the Rebellion in the North before mentioned brake forth that it was known that the Pope had Excommunicated the Queen that there followed a great restraint of the Prisoners but none of them were put to death upon that occasion the Sword being then only drawn against such Catholicks as had risen up actually into open Rebellion wherein say they we cannot see what her Majesty did that any Prince in Christendom in such a case would not have done and confess these things to have been the occasion of making 13 Eliz. ca. 2. against bringing in Buls c. thus they express themselves Collection f. 38. we cannot but confess as reasonable men that the State had great Reasons to make some Laws against us except they should have shown themselves careless for the continuance of it but be the Law as any would have it never so extream yet surely it must be granted that the occasions of it were most outragious and likewise that the Execution of it was not so Tragical as many have since written and reported of it for whatsoever was done against us either upon the pretence of that Law or of any other would never we think have been attempted had not divers other preposterous occasions besides the Causes of that Law daily fallen out amongst us which procured matters to be urged more severely against us And afterwards they accuse Saunders the Jesuit for writing a Book in 1572 de visibili Monarchia and therein justifying the Excommunicating the Queen and the said Rebellion in the North and do themselves own that the persons that suffered upon that account were Arraigned Condemned and Executed by the Antient Laws of the Country for High Treason As to the Acts themselves It is not to be denyed but they are very severe yet not severe enough to deter the Papists from carrying on their designs against the Queen and the Protestant Religion as I shall by and by make appear but before I do that let us a little enquire Story 's Plot. Cambd. Hist li 2. fol 168. Dyer 13 Eliz. fol. 298. Baker 's Chron. fol. 343. The Duke of Norfolk executed what proceedings there were upon these Laws after they were thus made In the year 1571 't is true one John Story Doctor in Laws one of the Duke of Alva's Servants an Englishman and a Papist was Executed but it was for High Treason not Religion for having conspired the Queen's Death cursed her daily in his Grace at Meals and shewing the Duke of Alva's Secretary the way to Invade England to put Ireland into Rebellion and to excite the Scots to break into England all at once The Duke of Norfolk was also Tryed Convicted and Executed and after his Condemnation and before his Execution one Barney and Mather were Executed for conspiring with one Herle to make away some of the Council and
a Committee to prepare Bills And that Session there was an Act of Parliament made that is intituled 23 Eliz. ca. 1. Rast Stat. 2. part f. 243. An Act to retain the Queens Majesties Subjects in their due Obedience which Act recites That where since the making of the 13th of the Queen Ca. 2. divers evil affected Persons have promised contrary to the meaning of the said Statutes by other means then by Bulls or Instruments written or printed to withdraw divers the Queens Majesties Subjects from their natural Obedience to Her Majesty and to obey the usurped Authority of Rome and in respect of the same to perswade great Numbers to withdraw their due Obedience to Her Majesties Laws established for the due Service of Almighty God. It is thereby enacted that they should be guilty of High Treason Treason in Reconciler and Reconciled to the Church of Rome who should diswade the Subjects from their Obedience to their Prince and from the Religion established in England or should reconcile them to the Church of Rome as also those who should be diswaded or reconciled those also who should say Mass were to be fined 200 Marks and to suffer Imprisonment for a Year or longer if they paid not the Money they who should be wittingly and willingly present at Mass were to be fined 100 Marks and to suffer Imprisonment likewise for a Year and they who refused to frequent Divine Service are to forfeit 20 Pounds a Month but there must in every Case a legal Conviction precede From the History of the Papists Conspiracies and the Queens Carriage towards them during these last ten Years whereof I have given an Account I cannot but observe 1. That the Papists are a most perverse and disingenuous Generation of Men who never have lived nor is it to be believed ever will in Obedience to any Prince who is not of their own Religion 2. That notwithstanding their many Treasons and Rebellions in England and Ireland against Queen Elizabeth yet in ten years time there were not above five executed upon any of the Penal Laws made against them and that she was hardly prevailed upon to execute any of them although for the most apparent Treason and would not have yielded but that it appeared necessary for the Preservation of her self her Protestant Subjects and the Protestant Religion 3. That therefore the Penal Laws were not made so much with design to offend the Papists as to defend the Queen and her Government from the Treasons Rebellions Outrages and Violences every where committed by the Papists stirred up and egged on by the Seminary Priests Jesuits and sent hither for that very Purpose 4. That notwithstanding all their Plots and Contrivances there was no restraint upon their exercising their Religion in their own private Families nor no Prohibitions of saying or hearing Mass till this last Act of Parliament was made which was extorted from the State by their horrid Abuse of their former Liberty So that he that denies the Reasonableness of those Penal Laws against Papists must one would think offer Violence to his own Reason But yet least the Papists should object and any weak Protestant think with too great Colour of Reason that these Facts are the Relation of Protestant Historians who will be sure to write all things with the greatest plausibleness and shew of Reason and Justice on their own side and will be sure to blacken and villifie the Papists as much as they are able although they have never so little reason so to do I shall to back what I have related from our own Historians and to convince all mankind that it is true subjoyn what the Seeular Priests themselves in their important Considerations have owned was the true ground and reason of making this Act of Parliament of 23 Eliz. Cap. 1. and because the Papists shall not say I bely mis-construe or misrepresent them take it in their own Words Col. f. 39. The Secular Priests Confession Of the Pope the Spaniard and Duke of Norfolk's Plot. Steukley's Plot. Furthermore about the coming out of the said Book of Mr. Saunders they had been in the Paragraph before complaining of Mr. Saunders his Writing a Book De visibili Monarchia whereby he justified the Bull of Pope Pius Quintus and the Rebellion in the North and many other such like things the whole Plots before mentioned of the Pope and the King of Spain with the Duke of Norfolk for the Disinheritance of her Majesty and other intended Mischiefs fell out to be fully disclosed afterwards within some four or five years it was also commonly known to the Realm what Attempts were in hand by Mr. Steukley assisted with Mr. Saunders and other Catholics both English Irish and Italians for an Enterprise by force in Ireland under a pretence to advance the Catholic Religion which for that time through some Defect succeeding not the Pope himself The Popes Invading Ireland in 1579. in the Year 1579. abused still by false Pretences did set forward that Course and sending thither certain Forces Mr. Saunders too much Jesuited did thrust himself in Person into that Action as a chief Ring-leader and to perswade the Catholics when he should come into Ireland to joyn with the Popes said Forces for the better assisting certain Rebels then in Arms against their Soveraign Now whilst these Practises were in hand in Ireland The Queen Excommunicated by Gregory 13th Gregory the Thirteenth reneweth the said Bull of Pius Quintus and denounceth her Majesty to be excommunicated with Intimations of all other particulars in the former Bull mentioned which was procured we doubt not by Surreptions the false Jesuits our Country-men daring to attempt any thing by untrue Suggestions and any leud Surmises that may serve their turns This Stratagem accomplisht and ground laid whereupon they imagined to work great Matters these good Fathers as the Devil would have it came into England and intruded themselves into our Harvest being the Men in our Consciences we mean both them and others of that Society with some of their Adherents who have been the chief Instruments of all the Mischiefs that have been intended against her Majesty since the beginning of her Reign and of the Miseries which we or any other Catholics have upon these Occasions sustained Their first repair hither was Anno 1580. when the Realm of Ireland was in great Combustion Parsons and Campians coming into England in 1580. and then they entred viz. Mr. Campian the Subject and Mr. Parsons the Provincial like a Tempest with sundry such great Brags and Challenges as divers of the gravest Clergy then living in England Dr. Watson Bishop of Lincoln and others did greatly dislike them and plainly foretold that as things then stood their Proceedings after that fashion would certainly urge the State to make some sharp Laws which should not only touch them but likewise all others both Priests and Catholics upon their Arrival and after these brags Mr.
Manuel Andrada a Portugal Lopez his Confession an Agitator under Don Bernardino Mendoza the Spanish Ambassador in France 2. That the said Andrada brought him from Christophero de Mora a Portuguese but a great favorite of King Philips and an especial instrument for reducing Portugal under the Spanish Crown a Rich Jewel an encouragement from Philip himself 3. That he was informed of the King of Spains hopes of him not only by Andrada but by Roderique Marques a Portuguese also but employed by the Spaniard on such wicked designs 4. That he the said Lopez did assent to these wicked Councels 5. That he did secretly advertise the Spaniards divers times of such affairs of the Queens as he could learn. 6. That he did also assent to take away the Queens Life by Poyson upon a reward promised him of 50000 Crowns 7. That he sent Andrada to confer with Count Fuentez about it 8. That he directed Stephano Ferreira de Gama to write Letters to Stephano Iberra that he would undertake as he had promised to destroy the Queen by Poyson provided that he might have the said 50000 Crowns 9. That he sent these Letters by one Gomez Davilla a Portugal that the reason why the Murther was not Executed according to promise was because he perceived the delivery of the 50000 Crowns defer'd tho promised him from day to day That to take away this delay of the Execution Count Fuentez by the King of Spains Order did sign and deliver Bills of Exchange for the said Mony. A Nunnery founded with the very Mony that was given to Poyson Queen Eliz. Tho Robinsons Anatomy of the Nunnery of Lisborn p. 9. * This Mony or part of it for security to Lopez was delivered to the Custody of the English Nuns then at Roan in France which Money the Plot failing and Lopez Executed was given to the said Nuns who carried it with them to Lisbon in Portugal where they settled themselves in a Nunnery as appears by their Register Book These Plots and Conspiracies against the Queens Person and for the Extirpating Heresie as they called the Protestant Religion moved the Queen to call a Parliament which she did in the thirty fifth Year of her Reign A Parliament called to secure the Queens Person and the Protestant Religion against the Plots and Conspiracies of the Papists and recommended the preservation of her Person and the Protestant Religion to them that they would put her into a posture of defending her self and these Kingdoms against any further attempts that might be made by the Pope the Spaniard or any other which was done by giving her large supplies and making an additional Act to the many that had been before made against the Papists which is Intituled an Act for restraining of Popish recusants to some certain places of abode The preamble runs thus For the better discovering and avoiding all Traiterous and most dangerous conspiracies and attempts as are daily devised and practised against our most Gracious Soveraign Lady the Queens Majesty 35. Eliz. c. 2. Rast Stat. part 2. f. 399. Papists not to remove above 5 miles from the place of their abode and the happy State of this Common-weal by sundry wicked and seditious Persons who terming themselves Catholics and being indeed Spies and Intelligencers not only for her Majesties Foreign Enemies but also for Rebellious and Trayterous Subjects Born within her Highnesses Realms and Dominions and hiding their most detestable and divelish purposes under a false pretext of Religion and Conscience do secretly wander and shift from place to place within this Realm to corrupt and seduce her Majesties Subjects and to stir them to Sedition and Rebellion Then it is enacted that every Papist Convict dwelling or having a place of abode should repair to such his dwelling house or place of abode and not remove above five miles from thence upon the penalty of forfeiting his Goods and Chattels absolutely and his Lands Tenements and Hereditaments and his Annuities during his Life and they that have none are to repair to the places where they were Born or where their Father or Mother should be living upon the same penalty Popish Coppy-holders convict to forfeit their Coppy-hold to the Lord if he be not a Papist if he be a Papist then to the Queen Papists shall notifie their coming within Twenty days after their coming and present themselves and deliver their true Names in writing to the Minister or Curate and Constable c. which is to be certified to the Sessions and Inrolled there All Persons not being Feme Covert and not having Free hold Lands of twenty Marks per annum above all charges or Goods and Chattels above the vallue of Forty Pounds If they do not obey this Act by repairing to their places of abode c. shall abjure the Realm and the abjuration shall be entred on Record and certified Refusing to abjure or after abjuration not going away within the time appointed is made Felony A Jesuit Seminary or Massing Priest refusing to Answer directly whether he be so or no shall be imprisoned till he do make Answer There is a saving in the Act to Persons Licensed or Commanded by the Kings Process or bound to yield their Persons to the Sheriff Vpon open submission the offendor is to be discharged the submission to be entred into a Book by the Minister he that relapseth shall be in the same condition he was before such submission Married Women are bound by this Act save in the Case of abjuration Cullens Treason Foulis Hist l. 7. c. 7. f. 356. At the same time that Lopez was dealing withal about the Queens Murther the Papists to make more sure persuaded one Patrick Cullen an Irishman and a Fencer to commit the same Villany against her Royal Person In this Treason Stanley was very active who with Sherwood and Holt two Jesuits confirmed him in the lawfulness of the action giving him thirty Pounds towards his Journey into England being then in the Low-Countries but he was taken confessed all and is Executed York and Williams Conspiracy to kill the Queen Fouils Hist l. 7. c. 7. f. 356. Camb. Annals f. 495. Bakers Chron. 382. Their Confession The English fugitives beyond Seas persuaded one Edmund York and one Richard Williams with others to kill the Queen And this wicked Treason was agitated the same time that Lopez and Cullen were consulting about theirs But these Traytors were also seized on and suffer'd The truth of which Conspiracy appears from their own confession which take as followeth 1. They confessed that for an encouragement Hugh Owen a noted Traytor at Bruxells had an assignation subscribed by Ibara the Spanish Secretary of 40000 Crowns to be given them if they would kill the Queen 2. That the said assignation was delivered to Holt the Jesuit who shewed also the same to York and produced the Sacrament and kissed it swearing that he would pay the said Monies when the Murther
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
afterwards another Treaty was set on foot for Prince Henry with a Daughter of Spain What Religion the Spaniard was of is well known and what effect the Crown of England Matching into Popish Families abroad hath had is more to be lamented then remembred any other ways then to avoid the like mischiefs for the future In the 12 th Year of his Reign there were a generation about the Court Camb. f. 77. A Parliament called and dissolved because they complained of grievances and particularly of the increase of Papists that undertook for the calling such a Parliament as the King would have these were Men that presumed they had friends in every County and Borough who by their power among the People could make Election of such Men for Knights and Burgesses as should comply solely with the Kings desire and Somerset was the head and chief of these undertakers but these projects against the Fundamentals of the English Government proved an abortive for the Parliament meeting such Faces appeared there as was no ways pleasing to the Court who instead of contributing to the Kings wants lay open his wasts especially upon the Scots with whom they desire a share of Favour The Bread by our Saviour's Rule properly belongs to the Children of the Kingdom and they beseech his Majesty to stop the Current of future access of that Nation to make residence here having enough to eat up their own Crums they enquire into the Causes of the unexpected increase of Popish Recusants since the Gunpowder Plot the detestation whereof they thought should have utterly extinguished them and they attribute it to the admission of Popish Nobility into his Councels the silencing of many watchful and dilligent Ministers the divers Treaties his Majesty had entertained not only for the Marriage of Prince Henry but for Prince Charles with the Daughters of Popish Princes which disheartned the Protestant and encouraged the Papist they laid open with these many other miscarriages in Government the King desirous to conceal these Matters dissolves the Parliament and Committed to the Tower and other Prisons such as were most active for the common good and who can deny but that this must needs give encouragement to the Papists In the 15 th Year of his Reign he put out a Book to Tollerate Sports on the Lords Days this Book came out with a Command injoyning all Ministers to read it to their Parishoners and to approve of it A Book of Sports obtruded and those that did not were brought before the High Commission Imprisoned and Suspended This was a contrivance of the Papists and their adherents to trap the most Conscientious Men of the Church of England who were in all other matters exactly conformable and to lay them aside and good reason the Papists had for this because no Nation will ever receive their innovations in Matters of Religion where there is a Sound Orthodox Learned and Pious Clergy Wilsons Hist. f. 105. Wilson says that some of the Ministers that were Suspended said that they would Preach the Gospel in a Fools Coat rather then be silent for a Surplis and the Conjuring of them with the Cross in Baptism and the Circle of the Ring in Marriage could not make a well composed Reason and a sound Conscience then start at it But when so frighful an Aparition as the Dancing Book appeared some of the Ministers left all for fear others by force they were so terrified by it This I have set down in Willsons own words because it appears by this that the Men that were suspended were proceeded against not for Puritanism or Nonconformity to the discipline of the Church of England but for non-complying with things obtruded on them by right down Papists or those who whether they saw it or no I cannot tell were carrying on the Popish designs The King having all along had a design of Matching his Son Rushw Col. 1. part f. 11. either to Spain or France it is no wonder that the Priests and Jesuits swarm here and much less a wonder that they endeavour to promote their own Religion for if they will do it when the Edge of Justice is sharpned against them much more when he that should make use of the Sword is so merciful that let them do what they will he will not or so fearful he dares not strike As Prophanness by reason of the Book of Sports crept in by their means so did Idolotry and Superstition for their was now more enmity against Ministers of the Gospel then Popish Priests and no wonder for let a Peoples Morals be once throughly debauched and 't will not be very difficult to make them outwardly of what Religion you will. The Jesuits Jugling with the Boy of Bilson Wilsons Hist. f. 107. The Popish Priests and Jesuits having now more liberty then they had had for above fifty Years resolve to make much of their time and because they cannot much boast of real holiness pretended Miracles must recommend them to the People for this purpose the Boy of Bilson was set up by them as he himself afterwards confest to Act the part of one possest with a Divel and they were to come and disposes him that so it might appear how much Gods Power was exprest in their weakness and to difference the truth and holiness betwixt the Catholic Religion and the Heresie profest among Protestants such Godly cheats are they always making use of to deceive the Hearts of the simple This Boy Bishop Morton discovered to be an imposture and when he had made the discovery and the Boy found he was detected he confest the whole Matter to be thus That he was inticed to one Mr. Giffords House in Stafford-shire where there were four Romish Priests who gave him Mony and many fair words promising him great matters if he would be conformable to their instructions In three days time they had taught him to practice his tricks so well that they ventured him home to his Fathers to exercise them publickly He came home in a very distracted manner to his Parents amazement and in a short time the thing was noised and a great deal of Company coming to see him his Parents got Money by it which was an incouragement to him to persist so that when the Priests came to disposes him he would not be disposest but went on and as they had instructed him accused a poor Old Woman of Witchcraft for which she was Tryed and Condemned and had been Executed had it not been for Bishop Morton detecting this imposture The whole story you may read at large in Wilson from f. 106. to 111. Wilsons Hist. f. 130. Henry Earl of Northumberland who was Sentenced in the Star-Chamber Thirty Thousand Pounds and Imprisoned in the Tower for harbouring in his House the aforenamed Thomas Piercy his Kinsman who was one of the Plotters of the Gunpowder-Treason was in the Seaventeenth Year of this Kings Reign set at liberty The
Doctrine to their own Sex in England i. e. to Alienate their Hearts from their Soveraign if he be not of their Religion or will not at least connive at it to engage them in Plots Conspiracies and Treasons for the destroying Heretical i. e. Protestant Kings and Heresie that is Protestantism that they do or should defend This project took so as any thing doth that tends to promoting Mother Church that in a short time this Mrs. Ward by the Popes indulgence who will indulge any thing that tends to destroy what he calls Heresie became the Mother General of no less then two Hundred English Damsels of good Birth and Quallity whom she sent abroad to Preach This Story and many other Jesuitical exploits are more particularly related in Wadsworths Spanish Pilgrim to which I refer the Reader The Parliament meet Wilsons Hist f. 193. Rushw Coll. 1 pt f. 23. On the 30 th of January 1620. the Parliament met according to the Summons and notwithstanding the King 's smooth Speech to them they petitioned him for the due Execution of the Laws against Jesuits Seminary Priests and Papists which evidences that there was either none or at least a very slender Execution of those Laws They rip up Grievances They rip up many Grievances that the People had groaned under during the Intervals of Parliament by Monopoly Patents and otherwise punished the great Managers of them with exemplary Punishments and to make the Redress of these Grievances pass the more easily with the King they gave him two Subsidies which was very acceptable to him The Parliament adjourned without taking care of the Palatinate or Protestant Religion Rushw Coll. 1 pt f. 35. Wilsons Hist f. 164. He having got this Supply when the Parliament had sate about four Months he sent them word by the Lord Treasurer that he would have them adjourn as being more expedient than a Prorogation that he had redressed Corruption in Courts of Justice by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver Thread and cherished the Bill against Informers and Monopolies but not a word of Care taken to recover the Palatinate or putting the Laws in execution against the Papists The Commons take it amiss which the King resents and on the fourth of June 1621. in the ninteenth Year of his Reign Wilson saith till February he declared for an Adjournment till November following and that he will in the mean time of his own Authority redress Grievances The House of Commons immediately before this Recess taking to heart the Miseries of the Palatinate and knowing how much the Protestant Religion was concerned in it resolved that the drawing back in so good a Cause should not be charged on their Slackness and therefore made the Declaration following with an universal Consent The Commons Declaration touching the Palatinate Rushw Coll. 1 pt f. 36. Wilsons Hist f. 164. THE Commons assembled in Parliament taking into most serious Consideration the present State of the Kings Children abroad and general afflicted Estate of the true Professors of the same Christian Religion professed by the Church of England in foreign Parts and being touched with a true Sense and Fellow-feeling of their Distresses as Members of the same Body do with unanimous Consent in the Name of themselves and the whole Body of the Kingdom whom they represent declare unto His most Excellent Majesty and to the whole World their hearty Grief and Sorrow for the same and do not only joyn with them in their humble and devout Prayers to Almighty God to protect his true Church and to avert the Dangers now threatned but also with one Heart and Voice do solemnly protest That if His Majesties pious Endeavours by Treaty to procure their Peace and Safety shall not take that good Effect which is desired in Treaty wherefore they humbly beseech His Majesty not to suffer any longer Delay that then upon Signification of His Majesties Pleasure in Parliament they shall be ready to the utmost of their Powers both with their Lives and Fortunes to assist him so as that by the Divine Help of Almighty God which is never wanting unto those who in his Fear shall undertake the Defence of his own Cause he may be able to do that with his Sword which by a peaceable Course shall not be effected Soon after this the King was plyed from Spain and Rome The King plied for Favour to Papists to enlarge his Favours to Popish Recusants and it could not be otherwise expected so long as there was any thoughts of so near an Alliance between Spain and England The Parliament met again the twentieth of November The Parliament meet and because the House of Commons found that though the King declared for War he pursued Peace and resolved to close with Spain They resolved to try the Kings Spirit by the following Petition and Remonstrance wherein they laid open the Distempers of those Times with their Causes and Cures The Causes they told him were these The Vigilance and Ambition of the Pope A Remonstrance by the Parliament against Popery Wilson f. 167. Rushw Coll. 1 pt f. 40. and his Son the Spanish Prince The Devilish Doctrines of the Romish Church The distressed Estate of the Protestants abroad The disasterous Accidents to his a The Count Palatines Family Children abroad The strange Confederacy of the Popish Princes to subvert the Protestant Religion here The great Armies raised by the Spaniard The Papists Expectations of the Spanish Match Foreign Princes interposing for Favour to Papists here The Papists open Resort to Foreign Ambassadors Their Concourse to London and their Conventicles there The Education of their Children in Seminaries The Grants of their Forfeitures to Persons who take little or nothing of them The printing Popish Books The Swarms of Priests and Jesuits The common Incendiaries of all Christendom disperst in all parts of the Kingdom The growing Mischiefs to Church and State they told him were these The Popish Religion is incompatable with ours and draws with it an unavoidable Dependance on Foreign Princes It opens a wide Gap for Popularity to any who shall draw too great a Party b We have lately seen the Truth of this verified when the Papists from Connivance actually got a Toleration and that with an Equality and had got the Superiority and subverted our Religion had not God in his Providence interposed it hath a restless Spirit and will strive by these Gradations If it get but a Connivance it will press for a Toleration if that should be obtained they must have an Equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies proposed were That the King would take his Sword into his Hand that he would therewith assist the Protestants abroad not to rest upon a War in these Parts only but give a Diversion otherwise That this War
Places of Government who do shall or may Countenance the Popish Party The Remedies against this Outragious and dangerous Disease we conceive to be these ensuing 1. That the Youth of this Realm be carefully Educated by careful and Religious Schoolmasters and they to be enjoyned to Catechize and Instruct their Schollars in their Grounds and Principles of true Religion And whereas by many Complaints from divers Parts of the Kingdom it doth plainly appear That sundry Popish Schollars dissembling their Religion have craftily crept in and obtained the Places of Teaching in divers Counties and thereby infected and perverted their Schollars and so fitted them to be Transported to the Popish Seminaries beyond the Seas that therefore there be great care in choice and admitting Schoolmasters and that the Ordinaries make diligent enquiries of their Demeanours and proceed to the removing of such as shall be faulty or justly suspected His Majesties Answer THis is well allowed of and for the better performance of what is desired Letters shall be Written to the two Archbishops and from them Letters to go to all the Ordinaries of their several Provinces to see this done the several Ordinaries to give account of their doings herein to the Archbishops respectively and they to give account to his Majesty of their Proceedings herein 2. That the Antient Discipline of the Universities be restored being the famous Nurseries of Literature and Vertue Answ This is approved by his Majesty and the Chancellor of each University shall be required to cause due Execution of it 3. That special care be taken to enlarge the Word of God through all the Parts of your Majesties Dominions as being the most powerful means for planting of true Religion and rooting out of the Contrary to which end among other things let it please your Majesty to Advice your Bishops by fatherly intreaty and tender usage to reduce to the peaceable and orderly Service of the Church such able Ministers as have been formerly silenced that there may be a profitable use of their Ministry in these needful and dangerous times and that Non-residencies Pluralities and Commendams may be moderated where we cannot forbear most humbly to thank your Majesty for diminishing the Number of your own Chaplains not doubting of the like Princely care for the well bestowing of the rest of your benefices both to the Comfort of the People and the incouragement of the Universities being full of grave and able Ministers unfurnished of livings Answ This his Majesty likes well so as it be applied to such Ministers as are peaceable orderly and Conformable to the Church Government For Pluralties and Non-residencies they are now so moderated that the Arch Bishops affirm there be now no dispensations for Pluralities granted nor no Man now is allowed above two benefices and those not above thirty Miles distant and for avoiding Non-residence the Cannon in that case provided shall be duly put in Execution For Commendams they shall be sparingly granted only in such case where the exility and smalness of the Bishopprick requireth also his Majesty will cause that the Benefices belonging to him shall be well bestowed and for the better propagating of Religion his Majesty recommendeth to the House of Parliament that care may be taken and provision made that every Parish shall allow a Competent Maintenannce for an able Minister and that the owners of Parsonages Impropriate would allow to the Vicars and Ministers Curates in Villages and places belonging to their Parsonage sufficient stipend and allowance for Preaching Ministers 4. That there may be stricct provision against Transporting of English Children to the Seminaries beyond the Seas and for the recalling of them who are already there placed and for the Punishment of such your Subjects as are maintainers of those Seminaries or of the Schollars considering that besides the seducing of your People great sums of Money are yearly expended upon them to the impoverishing of this Kingdom Answ The Law in this Case shall be put in Execution and further there shall be Letters written to the Lord Treasure and also to the Lord Admiral that all the Ports of this Realm and the Creeks and Members thereof be strictly kept and strait searches made to this end A Proclamation shall be to recal both the Children of Noblemen and the Children of any other Men and they to return by a day also maintainers of Seminaries of Schollars there shall be punished according to Law. 5. That no Popish Recusant be permitted to come within the Court unless your Majesty be pleased to call him upon special occasion agreeable to the Statue of 3. Jac. and whereas your Majesty for the preventing of apparent mischiefs both to your Majesty and the State hath in your Princely wisdom taken order that none of your natural born Subjects not professing the true Religion as by Law established be admitted into the Service of your Royal Consort the Queen we give your Majesty most humble thanks and desire that your order herein may be observed Answ If his Majesty shall find or be informed of any concourse of Recusants to the Court the Law shall be strictly followed And his Majesty is pleased that by a Proclamation the Brittish and Irish Subjects shall be put in the same Case and as his Majesty hath provided in his Treaty with France so his purpose is to keep it that none of his Subjects shall be admitted into his Service or into the Service of his Royal Consort the Queen that are Popish Recusants 6. That all the Laws now standing in force against Jesuites Seminary Priests and others having taken Orders by Authority derived from the See of Rome be put in due Execution and to the intent they may not pretend to be surprised that a speedy and certain day be prefixed by your Majesties Proclamation for their departure out of this Realm and all other your Dominions and not to return upon the severest Penalties of the Laws now in force against them and that all your Majesties Subjects may be thereby admonished not to receive comfort entertain or conceal any of them upon the Penalties which may be lawfully inflicted and that all such Papists Jesuites and Recusants who are and shall be imprisoned for Recusancy or any other cause may be so strictly restrained as that none shall have conference with them thereby to avoid the Contagion of their corrupt Religion and that no Man that shall be suspected of Popery be suffered to be a Keeper of any of his Majesties Prisons Answ The Law in this case shall be put in Execution and a Proclamation shall be to the effect desired and such restraint shall be made as is desired and no Man that is justly suspected of Popery shall be suffered to be a Keeper of any of his Majesties Prisons 7. That your Majesty be pleased to take such order as to your Princely Wisdom shall be expedient that no natural born Subject or strange Bishops nor any other by Authorty from the
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
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 Yo●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 Off●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 ●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
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
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
expence of Money to animate as many as they could against France Our Lord Treasurer Lord Keeper all the Bishops and such as called themselves Old Cavaliers who were all then as one Man were not less industrious against Popery and had the Purse at their Girdle too Which is an excellent Instrument to gain Friends with and all united against the Duke as Patron both of France and Catholick Religion To deal with all this Force we had no Money but what came from a few private hands And those so mean ones too that I dare venture to say that I spent more my particular self out of my own Fortune and upon my single Credit then all the whole Body of Catholicks in England besides Which was so inconsiderable in Comparison of what our Adversaries commanded and we verily believe did bestow in making their Party that it is not worth mentioning Yet notwithstanding all this we saw that by the help of the Non-conformists as Presbyterians Independants and other Sects who were as much afraid of Persecution as our selves and of the Enemies of the Ministers and particularly of the Treasurer who by that time had supplanted the Earl of Arlington and was grown sole Manager of all Affairs himself we sheuld be very able to prevent what they design'd against us and so render the Sessions ineffectual to their Ends though we might not be able to Compass our own Which were to make some brisk step in favour of his R. H. to shew the King that his Majesties Affairs in Parliament were not obstructed by reason of any Aversion they had to his R. H. Person or Apprehensions they had of him or his Religion But from Faction and Ambition in some and from a real Dissatisfaction in others that we have not had such Fruits and good Effects of of those great Sums of Money which have been formerly given as was expected If we could then have made but one such step the King would certainly have restored his R. H. to all his Commissions Upon which he would have been much greater than ever yet he was in his whole Life or could probably ever have been by any other Course in the World than what he had taken of becoming Catholick c. And we were so very near gaining this Point that I did humbly beg his R. H to give me leave to put the Parliament upon making an Address to the King that His Majesty would be pleased to put the Fleet into the hands of his R H. as the only Person likely to give a good Account of so important a Charge as that was to the Kingdom and shewed his R. H. such Reasons to perswade him that we could carry it that he agreed with me in it that he believ'd we could Yet others telling him how great a damage it would be to him if he should miss in such an undertaking which for my part I could not then see nor do I yet he was prevail'd upon not to venture though he was perswaded he could carry it I did Communicate this Design of mine to Monsieur Rouvigny who agreed with me that it would be the greatest advantage imaginable to his Master to have the Dukes Power and Credit so far advanced as this would certainly do if we could Compass it I shew'd him all the Difficulty we were like to meet with and what Helps we should have But that we should want one very material one Money to carry on the Work as we ought And therefore I do Confess I did shamefully beg his Masters help and would willingly have been in everlasting Disgrace with all the World if I had not with that Assistance of twenty thousand Pounds sterling which perhaps is not the tenth part of what was spent on the other side made it evident to the Duke that he could not have missed it Monsieur Rouvigny used to tell me that if he could be sure of succeeding in that Design his Master would give a very much larger Sum But that he was not in a Condition to throw away Money upon uncertainties I answered That nothing of that Nature could be so infallibly sure as not to be subject to some Possibilities of failing but that I durst venture to undertake to make it evident that there was as great an assurance of succeeding in it as any Husbandman can have of a Crop in Harvest who sowes his Gound in its due Season and yet it would be counted a very imprudent piece of wariness in any body to scruple the ventring so much seed in its proper time because it is possible it may be totally lost and no benefit of it found in Harvest He that minds the Winds and the Rains at that rate shall neither Sow nor Reap I take our Case to be much the same as it was the last Sessions If we can advance the Dukes Interest one step forward we shall put him out of the step of Chance for ever For he makes such a Figure already that cautious Men do not care to Act against him not always without him because they do not see that he is much out-power'd by his Enemies Yet is he not at such a pitch as to be quite out of danger or free from Opposition But if he could gain any considerable new addition of Power all would come over to him as to the only stedy Centre of our Government and no body would contend with him further Then would Catholics be at rest and his most Christian Majesty's Interest secured with us in England beyond all Apprehensions whatsoever In Order to this we have two great designs to attempt this next Sessions First that which we were about before viz. To put the Parliament upon making it their humble request to the King that the Fleet may be put into his R. H ' s. care Secondly to get an Act for general Liberty of Conscience If we carry these two or either of them we shall in effect do what we list afterwards And truly we think we do not undertake these great points very unreasonably but that we have good Cards for our Game Not but that we expect great opposition and have great reason to beg all the Assistance we can possibly get and therefore if his most Christian Majesty would stand by us a little in this Conjuncture and help us with such a Sum as 20000 l. Sterling which is no very great Matter to Venture upon such an undertaking as this I would be content to be Sacrificed to the utmost Malice of my Enemies if I did not succeed I have proposed this several times to Monsieur Rouvigny who seemed always of my Opinion and has often told me that he has writ into France upon this Subject and has desired me to do the like But I know not whether he will be as Zealous in that point as a Catholic would be because our prevailing in these things would give the greatest blow to the Protestant Religion here that ever it received since its Birth
which perhaps he would not be very glad to see especially when he believes there is another way of doing his Masters business well enough without it Which is by a Dissolution of the Parliament upon which I know he mightily depends and concludes that if that comes to be Dissolved it will be as much as he needs care for proceeding perhaps upon the same manner of Discourse which he had this time twelve Months But with submission to his better Judgment I do think that our Case is extreamly much altered to what it was in relation to a Dissolution for then the Body of our Governing Ministers all but the Earl of Arlington were intirely United to the Duke and would have govern'd his way if they had been free from all fear and controul as they had been if the Parliament had been removed But they having since that time engaged in quite different Councels and Embarkt themselves and Interests upon other Bottoms having declared themselves against Popery c. To dissolve the Parliament simply and without any other step made will be to leave them to Govern what way they list which we have reason to suspect will be to the prejudice of France and the Catholic Religion And their late Declarations and Actions have Demonstrated to us that they take that for the most popular way for themselves and likliest to keep them in absolute Power Whereas if the Duke should once get above them after the Tricks they have plaid with him they are not sure he will totally forget the usage he has had at their hands Therefore it imports us now to advance our Interest a little further by some such Project as I have named before we dissolve the Parliament Or else perhaps we shall but change Masters a Parliament for Ministers and continue still in the same Slavery and Bondage as before But one such step as I have proposed being well made we may safely see them Dissolved and not fear the Ministers but shall be Established and stand firm without any Opposition for every body will then come over to us and worship the Rising Sun. I have here given you the History of three years as short as I could though I am affraid it will seem very long and troublesome to your Reverence among the multitude of affairs you are concern'd in I have also shewn you the present State of our Case which may by Gods providence and good Conduct be made of such advantage to Gods Church that for my part I can scarce believe my self awake or the thing real when I think on a Prince in such an Age as we live in converted to such a degree of Zeal and Piety as not to regard any thing in the World in comparison of God * * The bringing in Idolatry and Superstition the invading of Liberty and Property and the inslaving the Nation Almighties Glory the Salvation of his own Soul and the Conversion of our poor Kingdom Which has been a long time opprest and miserably harrast with Heresie and Schism I doubt not but your Reverence will consider our Case and take it to heart and afford us what help you can both with the King of Heaven by your Holy Prayers and with his most Christian Majesty by that great Credit which you most justly have with him And if ever his Majesties affairs or your own can ever want the Service of so inconsiderable a Creature as my self you shall never find any Body readier to Obey your Commands or faithfuller in the Execution of them to the best of his power than Your Most Humble and Obedient Servant Coleman's Coleman's Second Letter The Copy of the Letter Written to Monsieur Le Chese the French Kings Confessor which Mr. Coleman confessed he himself wrote and Counterfeited in the Dukes Name ●oleman's ●ryal p. 66. THe second of June last past his most Christian Majesty offered me most generously his Friendship and the use of his Purse to the Assistance against the Designs of my Enemies and his and protested unto me that his interest and mine were so closely link'd together that those that oppose the one should be lookt upon as Enemies to the other and told me moreover his Opinion of my Lord Arlington and the Parliament which is that he is of Opinion that neither the one nor the other is in his Interest or mine And thereupon he desired me to make such propositions as I should think fit in this conjuncture All was transacted by the means of Father Ferrier who made use of Sir William Throgmorton who is an honest Man and of truth who was then at Paris and hath held correspondence with Coleman one of my Family in whom I have great confidence I was much satisfied to see his most Christian Majesty altogether of my Opinion so I made him Answer the 29 th of June by the same means he made use of to write to me that is by Coleman who addrest himself to Father Ferrier by the Forementioned Knight and entirely agreed to his most Christian Majesty as well to what had respect to the Union of our Interest as the unusefulness of my Lord Arlington and the Parliament in order to the Service of the King my Brother and his most Christian Majesty and that it was necessary to make use of our joynt and utmost Credits to prevent the success of those evil designs resolved on by the Lord Arlington and the Parliament against his most Christian Majesty and my self which of my side I promise really to perform of which since that time I have given reasonable good proof Moreover I made some proposals which I thought necessary to bring to pass what we were obliged to undertake assuring him that nothing could so firmly establish our Interest with the King my Brother as that very same offer of the help of his Purse by which means I had much reason to hope I should be enabled to perswade to this Dissolving of the Parliament and to make void the designs of my Lord Arlington who works incessantly to advance the Interest of the Prince of Orange and the Hollanders and to lessen that of the King your Master notwithstanding all the protestations he hath made to this hour to render him Service But as that which was proposed was at a stand by reason of the sickness of Father Ferrier so our affairs succeeded not according to our designs only Father Ferrier wrote to me the 15 th of the last Month that he had Communicated those propositions to his most Christian Majesty and that they had been very well liked of but as they contained things that had regard to the Catholic Religion and to the offer and use of his Purse he gave me to understand he did not desire I should Treat with Monsieur Rouvigny upon the first but as to the last and had the same time acquainted me that Monsieur Rouvigny had order to grant me whatsoever the conjuncture of our affairs did require and have expected