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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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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. ❀ Imprinted at London 1583. ❧ The Execution of Iustice in England for maintenance of publique and Christian peace c. IT hath bene in all ages and in all countries a common vsage of all offendors for the most part both great and small to make defence of their lewd and vnlawfull facts by vntruthes and by colouring and couering their deedes were they neuer so vile with pretences of some other causes of contrarie operations or effectes to the intent not onely to auoid punishment or shame but to continue vphold prosecute their wicked attempts to y e full satisfaction of their disordered and malicious appetites And though such hath bene the vse of all offendors yet of none with more danger then of Rebels traitours to their lawfull Princes Kings and countries Of which sort of late yeeres are specially to be noted certaine persons naturally borne subiects in the Realme of England and Ireland who hauing for some good time professed outwardly their obedience to their soueraigne Lady Queene Elizabeth haue neuerthelesse afterward bene stirred vp and seduced by wicked spirites first in England sundry yeres past and secondly and of later time in Ireland to enter into open rebellion taking armes and comming into the field against her Maiestie and her Lieutenants with their forces vnder banners displayed inducing by notable vntruthes many simple people to followe assist them in their traiterous actions And though it is very well knowen that both their intentions and manifest actions were bent to haue deposed the Queenes Maiestie from her Crowne and to haue traiterously set in her place some other whom they liked whereby if they had not bene speedily resisted they would haue committed great bloodsheddes and slaughters of her Maiesties faithfull subiects and ruined their natiue countrey Yet by Gods power giuen vnto her Maiestie they were so speedily vanquished as some few of them suffered by order of Lawe according to their deserts many and the greatest part vpon confession of their faultes were pardoned y e rest but they not many of the principall escaped into forreine countries there because in none or few places rebels and traitours to their naturall Princes and countries dare for their treasons chalenge at their first muster open comfort or succour these notable traitors and rebels haue falsely informed many Kings Princes and States and specially the Bishoppe of Rome commonly called the Pope from whome they all had secretely their first comfort to rebell that the cause of their fleeing from their countries was for the religion of Rome and for maintenance of the said Popes authoritie Whereas diuers of them before their rebellion liued so notoriously the most part of their liues out of all good rule either for honest maners or for any sense in religion as they might haue bene rather familiar with Catalyn or fauourers to Sardanapalus then accōpted good subiectes vnder any Christian Princes As for some examples of the heads of these rebellions out of England fled Charles Neuill Earle of Westmerland a person vtterly wasted by loosenesse of life by Gods punishment euen in the time of his rebellion bereaued of his children that should haue succeeded him in the Earledome and how his bodie is nowe eaten with vlcers of lewde causes all his companions do see that no enemie he had can wish him a viler punishment And out of Ireland ranne away one Thomas Stukeley a defamed person almost through all Christendome a faithlesse beast rather then a man fleeing first out of England for notable piracies and out of Ireland for trecheries not pardonable which two were the first ringleaders of the rest of the rebelles the one for England the other for Ireland But notwithstanding the notorious euill and wicked liues of these and others their confederates voide of all Christian religion it liked the Bishop of Rome as in fauour of their treasons not to colour their offences as themselues openly pretend to do for auoyding of common shame of the worlde but flatly to animate them to continue their former wicked purposes that is to take armes against their lawfull Queene to inuade her realme with forreine forces to pursue al her good subiects and their natiue countries with fire sworde for maintenance whereof there had some yeres before at sundrie times proceeded in a thundring sort Bulles excommunications other publique writings denouncing her Maiestie being the lawfull Queene and Gods anoynted seruant not to be the Queene of the realme charging and vpon paines of excommunication commanding all her subiects to depart from their natural alleageances wherto by birth and by othe they were bounde Prouoking also and authorising all persons of al degrees within both the realmes to rebell and vpon this antichristian warrant being contrarie to all the Lawes of God and man nothing agreeable to a pasturall officer not onely all the rabble of the foresaid traitors that were before fled but also all other persons that had forsaken their natiue countries being of diuers conditions and qualities some not able to liue at home but in beggerie some discontented for lacke of preferments which they gaped for vnworthily in Vniuersities other places some banckerupt Marchants some in a sort learned to contentions being not contented to learne to obey the Lawes of the lande haue many yeres running vp and downe from Countrey to countrey practised some in one corner some in an other some with seeking to gather forces and money for forces some with instigation of Princes by vntruethes to make warre vpon their natural countrey some with inwarde practises to murder the GREATEST some with seditious writings and very many of late with publique infamous libels ful of despitefull vile termes and poysoned lyes altogether to vpholde the foresaide antichristian and tyrannous warrant of the Popes Bull. And yet also by some other meanes to furder these intentions because they could not readily preuayle by way of force finding forreine Princes of better consideration and not readily inclined to their wicked purposes it was deuised to erect vp certeine schooles which they called Seminaries to nourish bring vp persons disposed naturally to sedition to continue their race and trade and to become seedmen in their tillage of sedition them to send secretly into these the Q. Maiesties realmes of England Ireland vnder secret Maskes some of Priesthood some of other inferior orders with titles of Seminaries for some of the meaner sort of Iesuites for the stagers and ranker sort such like but yet so warely they crept into the land as none brought the marks of their priesthoode
with them but in diuers corners of her Maiesties Dominions these Seminaries or seedemen and Iesuites bringing with them certeine Romish trash as of their hallowed Waxe their Agnus dei many kinde of Beades and such like haue as tillage men laboured secretly to perswade the people to allowe of the Popes foresaid Bulles and warrantes and of his absolute authoritie ouer all Princes and Countries and striking many with prickes of conscience to obey the same whereby in proces of small time if this wicked and dangerous traiterous and craftie course had not bene by Gods goodnes espied and staied there had followed imminent danger of horrible vprores in the realmes and a manifest blooddy destruction of great multitudes of Christians For it cannot be denied but that so many as shoulde haue bene induced throughly perswaded to haue obeyed that wicked warrant of the Popes and the contents thereof should haue bene forthwith in their hearts and consciences secret traitors and for to be in deede errant and open traitours there shoulde haue wanted nothing but opportunitie to feele their strength and to assemble themselues in such nombers with Armour weapons as they might haue presumed to haue bene the greater part so by open ciuill warre to haue come to their wicked purposes But Gods goodnes by whome Kinges doe rule and by whose blast traitors are commonly wasted and cōfounded hath otherwise giuen to her Maiestie as to his handmayde and deare seruant ruling vnder him the spirit of wisdome and power whereby she hath caused some of these sedicious seedemen and sowers of rebellion to be discouered for all their secret lurkings and to be taken and charged with these former poyntes of high treason not being delt withall vpon questions of religion but iustly condemned as traitors At which times notwithstanding al maner gentle wayes of persuasions vsed to moue them to desist from such manifest traiterous courses and opiniōs yet was the canker of their rebellious humors so deepely entred and grauen into the heartes of many of them as they woulde not be remooued from their traiterous determinations And therefore as manifest traitours in maintayning and adhearing to the capitall enemy of her Maiestie and her Crowne who hath not only bene the cause of two rebellions alreadie passed in England and Ireland but in that of Ireland did manifestly wage and maintaine his owne people Captaines and Souldiours vnder the Banner of Rome against her Maiestie so as no enemy coulde doe more These I say haue iustly suffered death not by force or forme of any newe lawes established either for religion or against the Popes supremacie as the slaunderous libellers would haue it seeme to be but by the auncient temporall lawes of the realme and namely by the lawes of Parliament made in King Edward the thirds time about the yere of our Lorde .1330 which is aboue 200. yeres and moe past when the Bishops of Rome and Popes were suffered to haue their authoritie Ecclesiastical in this realme as they had in many other countries But yet of this kind of offenders as many of them as after their condemnations were contented to renounce their former traiterous assertions so many were spared from execution and doe liue stil at this day such was the vnwillingnes in her Maiestie to haue any blood spilt without this verie vrgent iust and necessary cause proceeding from themselues And yet neuerthelesse such of the rest of the traitors as remayne in forreyne partes continuing still their rebellious myndes and craftily keeping them selues aloofe off from dangers cease not to prouoke sundry other inferiour seditious persons newly to steale secretly into the realme to reuiue the former seditious practises to the execution of the Popes foresaid bulles against her Maiestie and the Realme pretending when they are apprehended that they came onely into the realme by the commandemēt of their superiours the heads of the Iesuites to whome they are bound as they say by othe against either king or countrie and here to informe or reforme mens consciences from errors in some poynts of religiō as they shal thinke meete but yet in very trueth the whole scope of their secret labours is manifestly proued to be secretly to winne all people with whom they dare deale so to allowe of the Popes said bulles and of his authoritie without exception as in obeying thereof they take themselues fully discharged of their alleageance and obedience to their lawfull Prince and countrey yea and to be well warranted to take armes to rebell against her Maiestie when they shall bee thereunto called and to be readie secretly to ioyne with any forreine force that can be procured to inuade the realme whereof also they haue a long time giuen and yet doe for their aduantage no small comfort of successe so consequently the effect of their labours is to bring the Realme not onely into a daungerous warre against the forces of strangers from which it hath bene free aboue xxiii or xxiiii yeres a case very memorable and hard to be matched with an example of the like but into a warre domesticall and ciuill wherein no blood is vsually spared nor mercie yeelded and wherin neither the vanqueror nor the vanquished haue cause of triumph And forasmuch as these are y e most euident perils that necessarily should follow if these kind of vermin were suffered to creepe by stealth into the Realme and to spreade their poyson within the same howsoeuer when they are taken like hipocrites they couloure and counterfeit the same with profession of deuotion in religion it is of all persons to be yeelded in reason that her Maiestie and all her gouernours and magistrates of Iustice hauing care to mantaine the peace of the Realme which God hath giuen in her time to continue longer then euer in any time of her progenitors ought of duetie to almightie God the author of peace and according to the naturall loue and charge due to their countrie and for auoiding of the floods of blood which in Ciuill warres are seene to runne and flowe by all lawful meanes possible aswell by the Sword as by Lawe in their seuerall seasons to impeache and repell these so manifest and daungerous coulourable practises and workes of sedition and rebellion And though there are many subiects knowen in the realme that differ in some opinions of religion from the Church of England and that doe also not forbeare to professe the same yet in that they doe also professe loyaltie and obedience to her Maiestie and offer readily in her Maiesties defence to impugne and resist any forreine force though it should come or be procured frō y e Pope himself none of these sort are for their cōtrary opinions in religiō prosecuted or charged w t any crymes or paines of treasō nor yet willingly searched in their consciences for their contrarie opinions that fauour not of treason And of these sortes there are a number of persons not
was a head captaine And thereby it may manifestly appeare to all men howe this Bull was the grounde of the rebellions both in England and Ireland and howe for maintenaunce thereof and for sowing of sedition by warrant and allowance of the same these persons were iustly condemned of treason and lawfully executed by the auncient lawes temporall of the Realme without any other matter then for their practizes and conspiracies both abroade and at home against the Queene and the realme and for maintaining of the Popes foresaid authoritie and Bull published to depriue her Maiestie of her crowne and for withdrawing and reconciling of her subiects from their naturall allegeaunce due to her Maiestie and to their countrie and for mouing them to sedition for no other causes or questions of religion were these persons condemned although true it is that when they were charged and conuinced of these poyntes of conspiracies and treasons they woulde still in their answeres colourably pretend their actions to haue bene for religion but in deede and trueth they were manifest for the procurement and maintenaunce of the rebellions and warres against her Maiestie and her realme And herein is nowe the manifest diuersitie to be seene and well considered betwixt the trueth of her Maiesties actions and the falshood of the blasphemous aduersaries that where the factious partie of the Pope the principall author of the inuasions of her Maiesties dominions doe falsely alleadge that a nomber of persons whome they terme as Martyrs haue dyed for defence of the catholique religion the same in very trueth may manifestly appeare to haue died if they so wil haue it as martyrs for the Pope and traitors against their soueraigne and Queene in adhering to him being the notable and onely open hostile enemie in all actions of warre against her Maiestie her kingdomes and people and that this is the meaning of all these that haue so obstinately maintayned the authoritie and contents of this Bull the very wordes of the Bull do declare in this sort as D. Sanders reporteth them Plus Quintus Pontifex Maximus de Apostolicae potestatis plenitudine declarauit Elizabetham praetenso Regni iure necnon omni quocunque dominio dignitate priuilegioque priuatam Itemque Proceres subditos populos dicti regni ac caeteros omnes qui illi quomodocunque iurauerunt à iuramento huiusmodi ac omni fidelitatis debito perpetuò absolutos That is to say Pius Quintus the greatest Bishop of the fulnesse of the Apostolique power declared Elizabeth to be bereued or depriued of her pretended right of her kingdome and also of all and whatsoeuer dominion dignitie priuiledge and also the Nobles subiects people of the said kingdome and all others which had sworne to her any maner of wayes to be absolued for euer from such othe and from all debt or duetie of fealtie and so forth with many threatning cursings to al that durst obey her or her lawes And for execution hereof to proue that the effect of the Popes bul message was a flat rebelliō it is not amisse to heare what D. Sanders the Popes firebrād in Ireland also writeth in his visible Church Monarchie which is thus Pius Quintus Pontifex Maximus Anno D. 1569. reuerendum praesbyterum Nicolaum Mortonum Anglum in Angliam misit vt certis illustribus viris authoritate Apostolica denunciaret Elizabetham quae tunc rerum potiebatur haereticam esse ob eamque causam omni Dominio potestate excedisse impuneque ab illis velut ethnicam haberi posse nec eos illius legibus aut mandatis deinceps obedire cogi That is to say Pius Quintus y e greatest Bishop in the yere of our Lord 1569. sent the reuerend priest Nicolas Morto an Englishmā into England y t he shuld denoūce or declare by y e Apostolique authority to certaine noble men Elizabeth who thē was in possessiō to be an heretike for y e cause to haue fallen frō al dominion power that she may be had or reputed of thē as an Ethnike and that they are not to be compelled to obey her lawes or commandements c. Thus you see an Ambassade of rebellion frō the Popes holines the Ambassadour an old doting English Priest a fugitiue and conspirator sent as he saieth to some noble men and those were the two Earles of Northumberland and Westmerland heads of the rebellion And after this he followeth to declare y e successe thereof which I dare say he was sory it was so euil w t these words Qua denuntiatione multinobiles viri adducti sunt vt de fratribus liberandis cogitare auderent ac sperabant illi quidem Catholicos omnes summis viribus affuturos esse verum etsialiter quàm illi expectabant res euenit quià Catholici omnes nondum probè cognouerant Elizabetham hereticam esse declaratam tamen laudanda illorum Nobilium consilia erant that is By which denuntiation many noble men were induced or ledde that they were boldened to thinke of the freeing of their brethren and they hoped certainly that all the Catholiques would haue assisted them with all their strength but although the matter happened otherwise then they hoped for because all the Catholiques knewe not that Elizabeth was declared to be an heritike yet the counsels intentes of those noble men were to be praysed A rebellion and a vanquishing of rebels very smoothly described This noble fact here mencioned was the rebellion in the North the noble mē were the Earles of Westmerland and Northumberland the lacke of the euent or successe was that the traitours were vanquished and the Queenes Maiestie and her subiects had by Gods ordinance the victorie and the cause why the rebels preuayled not was because all the Catholiques had not bene duely informed that the Queenes Maiestie was declared to be as they terme it an heretike which want of information to the intent to make the rebels mightier in nomber and power was diligently and cunningly supplyed by the sending into the realme of a great multitude of the Seminaries Iesuites whose special charge was to informe the people thereof as by their actions hath manifestly appeared And though D. Sanders hath thus written yet it may be said by such as fauoured the two notable Iesuites one named Robert Persons who yet hideth himself in corners to continue his Trayterous practise the other named Edmond Campion that was found out being disguised like a roister and suffered for his Treasons that D. Sanders treason is his proper treason in allowing of the sayde bull but not to be imputed to Persons and Campion Therefore to make it plaine y t these two by speciall authoritie had charge to execute the sentence of this bul these actes in writing following shall make manifest which are not fayned or imagined but are the verie writings taken about one of their complyces immediatly after Campions death Facultates
subiects auowing and obstinatly maintaining the same should according to iustice cause the offender to haue the reward due to such a fact and this was the first action of any capital punishmēt inflicted for matter sent from Rome to moue rebellion which was after her Maiestie had reigned about the space of twelue yeres or more Thirdly when the pope had risen vp out of his chaire in his wrath from words and writings to actions and had contrary to the aduise giuen by S. Barnard to his predecessor that is whē by his messages he left Verbum tooke ferrum that is left to feede by y e word and began to strike with y e sword and stirred her noble men people directly to disobedience and to open rebellion and that her lewde subiects by his commandement had executed y e same with al the forces which they could make or bring into the fielde who with common reason can disallow that her Maiestie vsed her Principall authoritie and by her forces lawfull subdued rebels forces vnlawful and punished the authors thereof no otherwise then the pope himselfe vseth to doe with his owne rebellious subiects in y e Patrimonie of his church And if any Prince of people in the world would otherwise neglect his office and suffer his rebels to haue their wils none ought to pitie him if for want of resistāce and courage he lost both his Crowne his head his life his kingdome Fourthly when her Maiestie beheld a further increase of the popes malice notwithstanding that y e first rebellion was in her North partes vanquished in that he interteined abroade out of this Realme the traytours rebelles that fledde for the rebellion and all the rable of other the fugitiues of the Realme and that he sent a number of the same in sorts disguised into both the Realmes of England and Ireland who there secretly allured her people to newe rebellions and at the same time spared not his charges to sende also out of Italy by sea certaine shippes with Captaines of his owne with their bandes of souldiers furnished with treasure munition victuals ensignes banners and all other things requisite to y e warre into her Realme of Ireland where the same forces with other auxilliar cōpanies out of Spaine landed and fortified themselues very strongly in the seaside and proclaymed open warre erecting the popes banner against her Maiestie may it be nowe asked of these persons fauourers of the Romish authoritie what in reason should haue bene done by her Maiestie otherwise then first to apprehend all such fugitiues so stolne into the Realme and dispersed in disguising habites to sowe sedition as some Priestes in their secrete profession but all in their apparell as roisters or ruffins some scholers like to the basest common people and them to committe to prisons and vpon their examinations of their trades and haunts to conuince them of their conspiracies abroade by testimonie of their owne companions and of sowing sedition secretly at home in the Realme What may be reasonablie thought was meete to be done with such seditious persons but by the lawes of y e Realme to try condemne and execute them and specially hauing regard to the dangerous time whē the popes forces were in the Realme of Ireland and more in preparation to followe as well into England as into Irelande to the resistance whereof her Maiestie and her Realme was forced to be at greater charges then euer she had bene since shee was Queene thereof And so by Gods power which hee gaue to her on the one part she did by her lawes suppresse the seditious stirrers of rebellion in her Realme of England and by her sword vanquished all the popes forces in her Realme of Ireland excepting certaine captaines of marke that were saued from the sworde as persons that did renounce their quarrel seemed to curse or to blame such as sent them to so vnfortunate desperate a voyage But though these reasons grounded vpon rules of naturall reason shall satisfie a great nomber of the aduersaries who will yeelde that by good order of ciuill and christian policie and gouernement her Maiestie could nor can do no lesse then she hath done first to subdue with her forces her rebelles and traytours and nexte by order of her lawes to correct the ayders abettors lastly to put also to the sword such forces as the pope sent into her dominions yet there are certaine other persons more nisely addicted to the pope that will yet seeme to bee vnsatisfied for that as they will terme the matter a nomber of sillie poore wretches were put to death as traytours being but in profession schollers or priestes by the names of seminaries Iesuites or simple scholemasters that came not into the Realme with any armour or weapon by force to aide the rebelles traitours either in England or in Ireland in their rebellions or warres of which sort of wretches y e comiseration is made as though for their contrary opinions in religion or for teaching of the people to disobey y e lawes of the Realme they might haue bene otherwise punished and corrected yet not with capitall peane These kinds of defēces tend only to find faule rather with the seueritie of their punishments thē to acquite them as Innocents or quiet subiects But for answere to the better satisfaction of these nyse and scrupulous fauorers of traitors it must be with reason demaunded of them if at least they will open their eares to reason whether they thinke that when a King beeing stablished in his Realme hath a rebellion first secretly practised and afterward openly raysed in his Realme by his owne seditious subiectes whē by a forreine potentate or enemie the same rebellion is mainteyned and the rebelles by messages and promises comforted to continue and their treasons against their naturall prince auowed consequently when the same potentate and enemie beeing authour of the said rebellion shall with his owne proper forces inuade the Realme and subiectes of the Prince that is so lawefully and peacebly possessed in these cases shal no subiect fauouring these rebelles and yeelding obedience to the enemie the inuador be committed or punished as a traitour but onely such of them as shall be found openly to carrie armour and weapon Shal no subiect that is a spial and an explorer for the rebell or enemie against his naturall Prince be taken and punished as a traitour because he is not found w t armour or weapon but yet is taken in his disguised apparell with writings or other manifest tokens to proue him a spie for traitors after he hath wandered secretly in his soueraigns campe region court or citie Shall no subiect be coūted a traitour that will secretly giue earnest and prest money to persons to be rebelles or enemies or that will attempt to poison the victual or the fountaines or secretly set on fire the ships or munition or