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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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spared nor mercy yielded and wherein neither the Vanqueror nor the vanquished have cause of triumph And forasmuch as these are the most evident perils that necessarily should follow if these kind of Vermine were suffered to creep by stealth into the Realm and to spread their poyson within the same howsoever when they are taken like Hypocrites they colour and counterfeit the same with profession of devotion in Religion it is of all persons to be yielded in reason that her Majesty and all her Governours and Magistrates of Justice having care to maintain the peace of the Realm which God hath given in her time to continue longer than ever in any time of her Progenitors ought of duty to Almighty God the Author of Peace and according to the natural love and charge due to their Country and for avoiding of the Floods of blood which in Civil Wars are seen to run and flow by all lawful means possible as well by the Sword as by Law in their several seasons to impeach and repel these so manifest and dangerous colourable practices and works of Sedition and Rebellion And though there are many Subjects known in the Realm that differ in some opinions of Religion from the Church of England and that do also not forbear to profess the same yet in that they do also profess Loyalty and Obedience to her Majesty and offer readily in her Majesties defence to impugn and resist any Foreign Force though it should come or be procured from the Pope himself none of these sort are for their contrary opinions in Religion prosecuted or charged with any crimes or pains of Treason nor yet willingly searched in their Consciences for their contrary opinions that savour not of Treason And of these sorts there are a number of persons not of such base and vulgar note as those were which of late have been executed as in particular some by name are well known and not unfit to be remembred The first and chiefest by Office was Dr. Heth that was Archbishop of York and Lord Chancellor of England in Queen Maries time who at the first coming of her Majesty to the Crown shewing himself a faithful and quiet Subject continued in both the said Offices though in Religion then manifestly differing and yet was he not restrained of his liberty nor deprived of his proper lands and goods but leaving willingly both his Offices lived in his own House and injoyed all his purchased Lands during all his natural life until by very age he departed this World and then left his House and living to his Friends an example of gentleness never matched in Queen Maries time The like did one Dr. Pool that had been Bishop of Peterborough an ancient grave person and a very quiet Subject There were also others that had been Bishops and in great estimation as Dr. Tunstal Bishop of Duresm a person also of very quiet behaviour There were also other Dr. White and Dr. Oglethorp one of Winchester the other of Carlisle Bishops and Dr. Thurleby and Dr. Watson yet living one of Ely the other of Lincoln Bishops not pressed with any capital pain though they maintained the Popes Authority against the Laws of the Realm and some Abbots as Mr. Fecknam yet living a person also of quiet and courteous behaviour for a great time Some also were Deans as Dr. Boxall Dean of Windsore a person of great modesty and knowledge Dr. Cole Dean of Pauls a person more earnest than wise Dr. Reynolds Dean of Exeter and many such others having born Office and Dignities in the Church and had made profession against the Pope which they began in Queen Maries time to change yet were they never to this day burdened with capital pains nor yet deprived of any their goods or proper livelyhoods but only removed from their Ecclesiastical Offices which they would not exercise according to the Laws And most of them for a great time were retained in Bishops Houses in very civil and courteous manner without charge to themselves or their friends until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm by stirring of Rebellion about which time only some of these aforenamed being found busier in matters of state tending to stir troubles than was meet for the common quiet of the Realm were removed to other more private places where such other wanderers as were men known to move sedition might be restrained from common resorting to them to increase trouble as the Popes Bull gave manifest occasion and yet without charging them in their Consciences or otherwise by any inquisition to bring them into danger of any capital Law so as no one was called to any capital or bloody question upon matters of Religion but have all injoyed their life as the course of nature would and such of them as yet remain may if they will not be Authors or Instruments of Rebellion or Sedition injoy the time that God and nature shall yield 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 Henry the Eight and King Edward the Sixth either by Preaching Writing reading or arguing taught all people to condemn and abhor the Authority of the Pope yea they had many times given their Oaths publickly against the Popes Authority and had also yielded to both the said Kings the Title of supream head of the Church of England next under Christ which title the Adversaries do most falsly write and affirm that the Queens Majesty doth now use a manifest lie and untruth And for proof that these foresaid Bishops and learned men had so long time disavowed the Popes Authority many of their Books and Sermons against the Popes Authority remain printed to be seen in these times to their great shame and reproof to change so often and specially in persecuting such as themselves have taught and established to hold the contrary There were also and yet be a great number of others being Lay-men of good possessions and Lands men of good credit in their Countries manifestly of late times seduced to hold contrary opinions in Religion for the Popes Authority and yet none of them have been sought hitherto to be impeached in any point or quarrel of Treason or of loss of Life Member or Inheritance so as it may plainly appear that it is not nor hath been for contrarious opinions in Religion or for the Popes Authority as the Adversaries do boldly and falsly publish that any persons have suffered Death since her Majesties Reign and yet some of these sort are well known to hold opinion that the Pope ought by Authority of Gods word to be Supream and only Head of the Catholick Church and only to rule in all causes Ecclesiastical and that the Queens Majesty ought not to be the Governour over all her Subjects in her Realm being persons 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