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A33865 A collection of several treatises concerning the reasons and occasions of the penal laws Burghley, William Cecil, Baron, 1520-1598. Execution of justice in England.; Watson, William, 1559?-1603. Important considerations which ought to move all true and sound Catholikes. 1675 (1675) Wing C5192A; ESTC R11022 70,542 135

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Christendom with their noise and clamours of the dreadful Persecutions in England that Great man thought it not below him to write this Apology for the Execution of Justice here and to shew how reasonable just and moderate the Proceedings of the State were considering the height and insolence of the provocations and this was published in several Languages and dispersed in the Courts of Princes to undeceive them as to all the false reports of the Romish Emissaries who have taken upon them that publick Character of the Popes Ambassadors to lye abroad for his and their own advantage 2. But after that by the means of Cardinal Allen and others they had endeavoured to blast the reputation of that Apology and after the death of that great Minister of State the Secular Priests did publish their Important Considerations wherein they assert the Truth of what was said in the Apologie and vindicate the Honour and Justice of the Penal Laws which is the second Treatise here published and printed according to their own Copy and which hath been so much concealed or bought up by those of that Religion that it hath been heard of by sew and seen by fewer Protestants 3. And lest any should say that all those dangerous Principles to Government are since his Majesties happy Restauration utterly disowned by them I have added a third Treatise printed by one of their own Religion 1662. which charges the Jesuitical Party so deep with those Principles and Practices as to make them uncapable of any Favour If other persons will pursue the same method in retrieving such considerable Treatises as these are they may do more service to our Church and Nation than by writing Histories themselves and I shall desire the late Apologist to set these Authors of his own Church against the petty Historians he so punctually quotes on all occasions And we have so much the more reason to consider these things since in a very late Treatise called the Bleeding Iphigenia the Irish Rebellion is defended by one of the Titular Bishops to be a just and holy War and seeing they still think it lawful what can we imagine then that they want but another occasion to do the same things THE EXECVTION OF JUSTICE IN ENGLAND For maintenance of Publick and Christian Peace c. IT hath been in all Ages and in all Countries a common usage of all offenders for the most part both great and small to make defence of their lewd and unlawful facts by untruths and by colouring and covering their deeds were they never so vile with pretences of some other causes of contrary operations or effects to the intent not only to avoid punishment or shame but to continue uphold and prosecute their wicked attempts to the full satisfaction of their disordered and malicious appetites And though such hath been the use of all Offenders yet of none with more danger than of Rebels and Traytors to their lawful Princes Kings and Countries Of which sort of late years are specially to be noted certain persons naturally born Subjects in the Realm of England and Ireland who having for some good time professed outwardly their obedience to their Soveraign Lady Queen Elizabeth have nevertheless afterward been stirred up and seduced by wicked Spirits first in England sundry years past and secondly and of latter time in Ireland to enter into open Rebellion taking Arms and coming into the Field against her Majesty and her Lieutenants with their Forces under Banners displayed inducing by notable untruths many simple people to follow and assist them in their Traitorous actions And though it is very well known that both their intentions and manifest actions were bent to have deposed the Queens Majesty from her Crown and to have traiterously set in her place some other whom they liked whereby if they had not been speedily resisted they would have committed great bloodsheds and slaughters of her Majesties faithful Subjects and ruined their native Country Yet by Gods power given unto her Majesty they were so speedily vanquished as some few of them suffered by order of Law according to their deserts many and the greatest part upon Confession of their faults were pardoned the rest but they not many of the principal escaped into Foreign Countries and there because in none or few places Rebels and Traitors to their natural Princes and Countries dare for their Treasons challenge at their first muster open comfort or succour these notable Traitors and Rebels have falsly informed many Kings Princes and States and specially the Bishop of Rome commonly called the Pope from whom they all had secretly their first comfort to Rebell that the cause of their flying from their Countries was for the Religion of Rome and for maintenance of the said Popes Authority Whereas divers of them before their Rebellion lived so notoriously the most part of their lives out of all good rule either for honest manners or for any sense in Religion as they might have been rather familiar with Catalin or Favourers to Sardanapalus than accounted good Subjects under any Christian Princes As for some examples of the heads of these Rebellions out of England fled Charles Nevill Earl of Westmerland a person utterly wasted by looseness of life and by Gods punishment even in the time of his Rebellion bereaved of his Children that should have succeeded him in the Earldom and how his Body is now eaten with Ulcers of lewd causes all his Companions do see that no Enemy he had can wish him a viler punishment And out of Ireland ran away one Thomas Stukeley a defamed person almost through all Christendom and a faithless Beast rather than a Man fleeing first out of England for notable Piracies and out of Ireland for treacheries not pardonable which two were the first Ringleaders of the rest of the Rebels the one for England the other for Ireland But notwithstanding the notorious evil and wicked lives of these and others their Confederates void of all Christian Religion it liked the Bishop of Rome as in favour of their Treasons not to colour their offences as themselves openly pretend to do for avoiding of common shame of the World but flatly to animate them to continue their former wicked purposes that is to take Arms against their lawful Queen to invade her Realm with Foreign Forces to pursue all her good Subjects and their Native Countries with Fire and Sword for maintenance whereof there had some years before at sundry times proceeded in a thundring sort Bulls Excommunications and other publick Writings denouncing her Majesty being the lawful Queen and Gods anointed Servant not to be the Queen of the Realm charging and upon pains of Excommunication commanding all her Subjects to depart from their natural Allegiances whereto by birth and by Oath they were bound Provoking also and authorising all persons of all degrees within both the Realms to Rebell and upon this Antichristian Warrant being contrary to all
Ecclesiastical which opinions are nevertheless in some part by the Laws of the Realm punishable in some degrees and yet for none of these points have any persons been prosecuted with the charge of Treason or in danger of life And if then it be inquired for what cause these others have of late suffered Death it is truly 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 maintain the contents of the Popes Bull afore-mentioned which do import that her Majesty is not the lawful Queen of England the first and highest point of Treason and that all her Subjects are discharged of their Oaths and Obedience another high point of Treason and all warranted to disobey her and her Laws a third and a very large point of Treason And thereto is to be added a fourth point most manifest in that they would not disallow the Popes hostile proceedings in open Wars against her Majesty in her Realm of Ireland where one of their Company Dr. Sanders a lewd Scholar and Subject of England a Fugitive and a principal Companion and Conspirator with the Traitors and Rebels at Rome was by the Popes special Commission a Commander as in form of a Legate and sometime a Treasurer or Pay-Master for those Wars which Dr. Sanders in his Book of his Church Monarchy did afore his passing into Ireland openly by Writing gloriously avow the foresaid Bull of Pius Quintus against her Majesty to be lawful and affirmeth that by vertue thereof one Dr. Mooreton an old English Fugitive and Conspirator was sent from Rome into the North parts of England to stir up the first Rebellion there whereof Charles Nevill the late Earl of Westmerland was a Head Captain And thereby it may manifestly appear to all men how this Bull was the ground of the Rebellions both in England and Ireland and how for maintenance thereof and for sowing of Sedition by Warrant and allowance of the same these persons were justly condemned of Treason and lawfully Executed by the ancient Laws temporal of the Realm without any other matter than for their practices and Conspiracies both abroad and at home against the Queen and the Realm and for maintaining of the Popes foresaid Authority and Bull published to deprive her Majesty of her Crown and for withdrawing and reconciling of her Subjects from their natural allegiance due to her Majesty and to their Country and for moving them to Sedition and for no other causes or questions of Religion were these persons condemned although true it is that when they were charged and convinced of these points of Conspiracies and Treasons they would still in their answers colourably pretend their actions to have been for Religion but in deed and truth they were manifest for the procurement and maintenance of the Rebellions and Wars against her Majesty and her Realm And herein is now the manifest diversity to be seen and well considered betwixt the truth of her Majesties actions and the falshood of the blasphemous Adversaries that where the factious party of the Pope the principal Author of the Invasions of her Majesties Dominions do falsly alledge that a number of persons whom they term as Martyrs have died for defence of the Catholick Religion the same in very truth may manifestly appear to have died if they so will have it as Martyrs for the Pope and Traitors against their Soveraign and Queen in adhering to him being the notable and only open hostile Enemy in all actions of War against her Majesty her Kingdoms and People and that this is the meaning of all these that have so obstinately maintained the Authority and contents of this Bull the very words of the Bull do declare in this sort as Dr. Sanders reporteth them PIus Quintus Pontifex Maximus de Apostolicae potestatis plenitudine declaravit Elizabetham praetenso Regni jure necnon omni quocunque dominio dignitate privilegioque privatam Itemque Proceres subditos populos dicti regni ac caeteros omnes qui illi quomodocunque juraverunt à juramento hujusmodi ac omni fidelitatis debito perpetuo absolutos That is to say Pius Quintus the greatest Bishop of the fulness of the Apostolick Power declared Elizabeth to be bereaved or deprived of her pretended right of her Kingdom and also of all and whatsoever Dominion Dignity and Priviledge and also the Nobles Subjects and People of the said Kingdom and all others which had sworn to her any manner of ways to be absolved for ever from such Oath and from all debt or duty of fealty and so forth with many threatning Cursings to all that durst obey her or her Laws And for Execution hereof to prove that the effect of the Popes Bull and Message was a flat Rebellion it is not amiss to hear what Dr. Sanders the Popes firebrand in Ireland also writeth in his visible Church Monarchy which is thus Pius Quintus Pontifex Maximus Anno Domini 1569. reverendum presbyterum Nicolaum Mortonum Anglum in Angliam misit ut certis illustribus viris authoritate Apostolica denunciaret Elizabetham quae tunc rerum potiebatur haereticam esse ob eamque causam omni Dominio potestate excidisse impuneque ab illis velut ethnicam haberi posse ne● eos illius legibus aut mandatis deinceps obedire cogi That is to say Pius Quintus the greatest Bishop in the year of our Lord 1569. sent the reverend Priest Nicholas Morton an Englishman into England that he should denounce or declare by the Apostolick Authority to certain Noblemen Elizabeth who then was in possession to be an Heretick and for that cause to have fallen from all Dominion and Power and that she may be had or reputed of them as an Ethnick and that they are not to be compelled to obey her Laws or Commandments c. Thus you see an Ambassage of Rebellion from the Popes Holiness the Ambassadour an old doting English Priest a Fugitive and Conspirator sent as he saith to some Noblemen and those were the two Earls of Northumberland and Westmerland Heads of the Rebellion And after this he followeth to declare the success thereof which I dare say he was sorry it was so evil with these words Qua denuntiatione multi nobiles viri adducti sunt ut de fratribus liberandis cogitare auderent ac sperabant illi quidem Catholicos omnes summis viribus affuturos esse verùm etsi aliter quàm illi expectabant res evenit quià Catholici omnes nondum probè cognoverant Elizabetham haereticam esse declaratam tamen laudanda illorum Nobilium consilia erant That is By which denuntiation many Noblemen were induced or led that they were boldned to think of the freeing of their Brethren and they hoped certainly that all the Catholicks would have assisted them with all their strength but although the matter happened