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A18320 The execution of iustice in England for maintenaunce of publique and Christian peace, against certeine stirrers of sedition, and adherents to the traytors and enemies of the realme, without any persecution of them for questions of religion, as is falsely reported and published by the fautors and fosterers of their treasons xvii. Decemb. 1583. Burghley, William Cecil, Baron, 1520-1598. 1583 (1583) STC 4902; ESTC S104905 27,520 41

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of such base and vulgare note as those were which of late haue bene executed as in particular some by name are well knowen and not vnfit to bee remembred The first and chiefest by office was D. Heth that was Archbishop of Yorke and lord Chaunceler of England in Queene Maries time who at the first comming of her Maiestie to y e Crowne shewing himself a faithfull quiet subiect continued in both the sayde offices though in religion then manifestly differing and yet was he not restrayned of his libertie nor depriued of his proper lands and goods but leauing willingly both his offices liued in his owne house and inioyed all his purchased lands during all his naturall life vntill by very age he departed this world and then left his house liuing to his friendes an example of gentlenes neuer matched in Queene Maries time The like did one D. Poole that had bene Bishop of Peterborough an auncient graue person and a verie quiet subiect There were also others that had bene Bishoppes and in great estimation as D. Tunstall Bishop of Duresme a person also of very quiet behauiour There were also other D. White and D. Oglethorpe one of Winchester the other of Carlile Bishops and D. Thurleby and D. Watson yet liuing one of Ely the other of Lincolne Bishops not pressed with any capitall payne though they maintayned the Popes authoritie against the lawes of the realme and some Abbots as M. Fecknam yet liuing a person also of quiet courteous behauiour for a great time Some also were Deanes as D. Boxall Deane of Windsore a person of great modestie and knowledge D. Cole Deane of Paules a person more earnest then wise D. Reinolds Deane of Exceter and many such others hauing borne office and dignities in the Church and had made profession against the Pope which they began in Queene Maries time to change yet were they neuer to this day burdened with capitall peanes nor yet depriued of any their goods or proper liueloods but onely remoued from their Ecclesiasticall offices which they would not exercise according to the Lawes And most of them for a great time were retayned in Bishops houses in very ciuill and courteous maner without charge to themselues or their friends vntill the time that the Pope began by his Buls and messages to offer trouble to the realme by stirring of rebellion about which time onely some of these aforenamed being found busier in matters of state tending to stirre troubles then was meete for the common quiet of the Realme were remooued to other more priuate places where such other wanderers as were men knowen to moue sedition might bee restrained from common resorting to them to increase trouble as the Popes Bull gaue manifest occasion and yet without charging them in their consciences or otherwise by any inquisition to bring them into dāger of any capital law so as no one was called to any capitall or bloody question vpon matters of religion but haue all inioyed their life as the course of nature woulde and such of them as yet remayne may if they will not be authors or instruments of rebellion or sedition inioye the time that GOD and nature shall yeelde them without danger of life or member And yet it is worthy to be well marked that the chiefest of all these and the most of them had in the time of King Henrie the eight and King Edward the sixt either by preaching writing reading or arguing taught all people to condemne and abhorre the authoritie of the Pope yea they had many times giuen their othes publiquely against the Popes authoritie and had also yelded to both the said Kings the title of supreame head of the Church of England next vnder Christ which title the aduersaries doe most falsly write and affirme that the Queenes Maiestie doeth nowe vse a manifest lie and vntrueth And for proofe that these foresaide Bishoppes and learned men had so long time disauowed the Popes authoritie many of their bookes sermons against the Popes authoritie remayne printed to be seene in these times to their great shame and reproofe to change so often and specially in persecuting such as themselues haue taught and stablished to holde the contrary There were also and yet be a great nomber of others being lay men of good possessions and lands men of good credite in their countries manifestly of late time seduced to hold contrary opinions in religion for the Popes authoritie and yet none of them haue bene sought hitherto to be impeached in any poynt or quarrel of treason or of losse of life member or inheritance so as it may plainely appeare that it is not nor hath bene for contrarious opinions in religion or for the Popes authoritie as the aduersaries doe boldely and falsly publish that any persons haue suffered death since her Maiesties reigne and yet some of these sort are well knowen to holde opinion that the Pope ought by authoritie of Gods worde to be supreame and only head of the Catholique Church and onely to rule in all causes Ecclesiasticall and that the Queenes Maiestie ought not to be the gouernour ouer all her subiectes in her realme being persons Ecclesiasticall which opinions are neuerthelesse in some part by the laws of the realme punishable in some degrees yet for none of these poyntes haue any persōs bene prosecuted w t the charge of treasō or in danger of life And if thē it be inquired for what cause these others haue of late suffered death it is truely to be answered as afore is often remembred that none at all are impeached for treason to the danger of their life but such as do obstinately maintaine the contents of the Popes Bull afore mentioned which do import that her Maiestie is not the lawfull Queene of England the first and highest poynt of treason that al her subiects are discharged of their othes and obedience mother high poynt of treason and all warranted to disobey her and her laws a third and a very large poynt of treason And thereto is to be added a fourth poynt most manifest in that they would not disalow the Popes hostile proceedings in open warres against her Maiestie in her realme of Ireland where one of their companie D. Sanders a lewde scholler and subiect of England a fugitiue a principall companion and conspirator with the traitors and rebels at Rome was by the Popes speciall commission a commaunder as in forme of a Legate and sometime a treasorer or paymaster for those warres which D. Sanders in his booke of his Church monarchie did afore his passing into Ireland openly by writing gloriously auowe the foresaid Bull of Pius Quintus against her Maiestie to be lawfull and affirmeth that by vertue thereof one D. Mooreton an olde English fugitiue and conspirator was sent from Rome into the North partes of England to stirre vp the first rebellion there whereof Charles Neuill the late Earle of Westmerland
that will secretly search sound the hauens and creekes for landing or measure the depth of ditches or height of townes walles because these offenders are not founde with armour or weapon The answere I thinke must needes be yeelded if reason and experience shall haue rule with these aduersaries that all these and such like are to be punished as traitours and the principall reason is because the actions of all these are necessarie accessaries and adherents proper to further and continue all rebellions and warres But if they wil denie that none are traitours that are not armed they wil make Iudas no traitour that came to Christ without armour colouring his treason with a kisse Nowe therefore it resteth to applie the factes of these late malefactours that are pretended to haue offended but as scholers or bookemen or at the most but as persons that onely in wordes and doctrine and not with armour did fauour and helpe the rebels the enemies For which purpose let these persons be termed as they list scholers schoolemasters bookemen seminaries priestes Iesuites fryers beademen romanistes pardoners or what else you wil neyther their tytles nor their apparel doth make them traitours but their traiterous secret motions practises their persons make not the warre but their directions and counsels haue set vp the rebellions The very causes final of these rebellions warres haue bene to depose her Maiestie from her crowne the causes instrumentall are these kinde of seminaries and seedemen of sedition the fruites and effectes thereof are by rebellion to shedde the blood of all her faithful subiectes the rewardes of the inuadours if they could preuaile should be the disinheriting of al the nobilitie the clergie and the whole comminaltie y t would as they are bounde by y e lawes of God by their birth othes defend their naturall gracious Queene their natiue country their wiues their children their family and their houses And now examine these which you cal your vnarmed schollers and priestes wherefore they liued and were conuersant in companie of the principall rebels and traitours at Rome and in other places where it is proued that they were partakers of their conspiracies Let it bee answered why they came thus by stealth into the realme why they haue wandered vp and downe in corners in disguised sort changing their tytles names maner of apparel Why they haue intised and sought to perswade by their secrete false reasons the people to allowe and beleeue all the actions and attempts whatsoeuer the pope hath done or shal do to be lawful Why they haue reconciled withdrawen so manie people in corners from the lawes of the realme to the obedience of the pope a forreyne potentate and open enemy whom they know to haue already declared the Queene to be no lawful Queene to haue mayntayned the knowne rebels and traitours to haue inuaded her Maiesties dominions with open warre Examine further how these vagarant disguised vnarmed spies haue answered whē they were taken and demanded what they thought of the Bul of pope Pius Quintus which was published to depriue the Queenes Maiestie and to warrant her subiectes to disobey her whether they thought that all subiectes ought to obey the same bull and so to rebell Secondly whether they thought her Maiestie to be y e lawful Queene of the realme notwithstanding the said bull or any other bull of the pope Thirdly whether the pope might giue such licence as he did to the Earles of Northumberland Westmerland and other her Maiesties subiectes to rebel as they did or giue power to D. Sanders a natural borne subiect but an vnnaturall worne priest to take armes and moue warred as he did in Ireland Fourthly whether the pope may discharge y e subiectes of her Maiestie or of any other princes christened of their othes of obediēce Fiftly whether the sayd traiterous priest D. Sanders or one Bristowe a rebellious fugitiue did in their bookes write truely or falsly in approuing the said bull of Pius quintus and the contentes thereof Lastly what were to be done if the pope or any other assigned by him would inuade y e realme of England and what part they would take or what part any faithful subiect of her Maiesties ought to take To these questions very apt to trie the trueth of falshoode of any such sedicious persons being iustly before condemned for their disloyaltie these lewde vnarmed traytours I say would no wise answere directly hereto as all other faithful subiectes to any prince christian ought to doe And as they vpon refusall to answere directly to these questions onely might haue bene iustly conuinced as guiltie of treason so yet were they not thereupon condemned but vpon all their other former actions committed both abroade and in the Realme which were no lesse traiterous then the actions of all other the spyes and traitours and of Iudas him selfe afore remembred which had no armour nor weapon and yet at all times ought to be adiudged traitours For these disguised persons called schollars or Priestes hauing bene first conuersant of long time with the Traitours beyonde the sea in all their conspiracies came hither by stealth in time of warre and rebellion by commaundement of the Capitall enemie the Pope or his Legates to be secret espialles explorers in the Realme for the pope to deliuer by secret Romish tokens as it were an earnest or prest to them that shoulde be in readines to ioyne with rebels or open enemies and in like sort with their hallowed baggages from Rome to poyson the sences of the subiectes powring into their hearts malicious and pestilent opinions against her Maiestie and the Lawes of the Realme and also to kindle and set on fire the hearts of discontented subiectes with the flames of rebellion and to search and sound the depthes and secretes of all mens inwarde intentions either against her Maiestie or for her and finally to bring into a beadroll or as it were into a muster roll the names and powers with the dwellings of all them that shoulde be readie to rebell and to ayd the forrein inuasion These kinds of seditious actions for the seruice of the pope and the traitours and rebels abroade haue made them traitours not their bookes nor their beades no not their cakes of waxe which they call Agnus dei nor other their reliques nor yet their opinions for the ceremonies or rites of the Church of Rome and therefore it is to be certainly cōcluded that these did iustly deserue their capital punishmēts as traitors though they were not apprehended with opē armour or weapon Nowe if this latter repetition as it were of all the former causes and reasons afore recited may not serue to stop the boisterous mouthes and the pestiferous tongues and venimous breathes of these that are infected with so grosse errors as to defende seditious subiectes stirrers of rebellion against their naturall Prince countrey then are they to be