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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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Master the Emperour Henry and that in following their ungodly Counsels he had brought upon him Gods heavy and just Judgments And so Henry the Emperour prevailing by Gods power caused Gregory the Pope by a Synod in Italy to be deposed as in like times before him his Predecessor Otho the Emperour had deposed one Pope John for many hainous crimes and so were also within a short time three other Popes namely Sylvester Bennet and Gregory the Sixth used by the Emperour Henry the Third about the year of our Lord 1047. for their like presumptuous attempts in temporal actions against the said Emperours Many other examples might be shewed to the Emperours Majesty and the Princes of the holy Empire now being after the time of Henry the Fourth as of Henry the Fifth and after him of Frederick the First and Frederick the Second and then of Lewis of Bavar all Emperours cruelly and tyrannously persecuted by the Popes and by their Bulls Curses and by open Wars and likewise to many other the great Kings and Monarchs of Christendom of their noble Progenitors Kings of their several Dominions whereby they may see how this kind of tyrannous Authority in Popes to make Wars upon Emperours and Kings and to command them to be deprived took hold at the first by Pope Hildebrand though the same never had any lawful example or warrant from the Laws of God of the Old or New Testament but yet the successes of their tyrannies were by Gods goodness for the most part made frustrate as by Gods goodness there is no doubt but the like will follow to their confusions at all times to come And therefore as there is no doubt but the like violent tyrannous proceedings by any Pope in maintenance of Traiters and Rebels would be withstood by every Soveraign Prince in Christendom in defence of their Persons and Crowns and maintenance of their Subjects in Peace so is there at this present a like just cause that the Emperours Majesty with the Princes of the holy Empire and all other Soveraign Kings and Princes in Christendom should judge the same to be lawful for her Majesty being a Queen and holding the very place of a King and a Prince Soveraign over divers Kingdoms and Nations she being also most lawfully invested in her Crown and as for good governing of her People with such applause and general allowance loved and obeyed of them saving a few ragged Traiters or Rebels or persons discontented whereof no other Realm is free as continually for these twenty five years past hath been notably seen and so publickly marked even by strangers repairing into this Realm as it were no cause of disgrace to any Monarchy and King in Christendom to have her Majesties felicity compared with any of theirs whatsoever and it may be there are many Kings and Princes could be well contented with the fruition of some proportion of her felicity And though the Popes be now suffered by the Emperor in the Lands of his own peculiar Patrimony and by the two great Monarchs the French King and the King of Spain in their Dominions and Territories although by other Kings not so allowed to continue his Authority in sundry cases and his glorious Title to be the universal Bishop of the World which Title Gregory the Great above nine hundred years past called a profane Title full of Sacriledge and a Preamble of Antichrist yet in all their Dominions and Kingdoms as also in the Realm of England most notably by many ancient Laws it is well known how many ways the tyrannous Power of this his excessive Authority hath been and still is restrained checked and limited by Laws and Pragmatiques both ancient and new a very large field for the Lawyers of those Countries to walk in and discourse And howsoever the Popes Canonists being as his Bombarders do make his Excommunications and Curses appear fearful to the multitude and simple people yet all great Emperours and Kings aforetime in their own cases of their Rights and Royal Preheminences though the same concerned but a City or a poor Town and sometime but the not allowance of some unworthy Person to a Bishoprick or to an Abbey never refrained to despise all Popes Curses or Forces but attempted always either by their Swords to compel them to desist from their furious actions or without any fear of themselves in body soul or conscience stoutly to withstand their Curses and that sometime by force sometime by Ordinances and Laws the ancient Histories whereof are too many to be repeated and of none more frequent and effectual than of the Kings of France But leaving those that are ancient we may remember how in this our own present or late Age it hath been manifestly seen how the Army of the late noble Emperour Charles the Fifth Father to King Philip that now reigneth was not afraid of his Curses when in the year of our Lord 1527. Rome it self was besieged and sacked and the Pope then called Clement and his Cardinals to the number of about thirty three in his Mount Adrian or Castle S. Angelo taken Prisoners and detained seven months or more and after ransomed by Don Vgo di Moncada a Spaniard and the Marquess of Grasto at about four hundred M. Duckats besides the ransoms of his Cardinals which was very great having not long before-time been also notwithstanding his Curses besieged in the same Castle by the Family of the Colonesi and their Fautors his next Neighbours being then Imperialists and forced to yield to all their demands Neither did King Henry the Second of France Father to Henry now King of France about the year 1550. fear or regard the Pope or his Court of Rome when he made several straight Edicts against many parts of the Popes Claims in prejudice of the Crown and Clergy of France retracting the Authority of the Court of Rome greatly to the hinderance of the Popes former profits Neither was the Army of King Philip now of Spain whereof the Duke of Alva was General stricken with any fear of cursing when it was brought afore Rome against the Pope in the year of our Lord 1555. where great destruction was made by the said Army and all the delicate Buildings Gardens and Orchards next to Rome-Walls overthrown wherewith his Holiness was more terrified than he was able to remove with any his Curses Neither was Queen Mary the Queens Majesties late Sister a person not a little devoted to the Roman Religion so afraid of the Popes cursings but that both she and her whole Council and that with the assent of all the Judges of the Realm according to the ancient Laws in favour of Cardinal Pool her Kinsman did forbid the entry of his Bulls and of a Cardinal Hat at Callis that was sent from the Pope for one Fryer Peyto whom the Pope had assigned to be a Cardinal in disgrace of Cardinal Pool neither did Cardinal Pool himself at the same time
A COLLECTION OF SEVERAL TREATISES CONCERNING The Reasons and Occasions OF THE PENAL LAWS VIZ. I. The Execution of JUSTICE in England not for Religion but for Treason 17 Dec. 1583. II. Important Considerations by the Secular Priests Printed A.D. 1601. III. The Jesuits Reasons Unreasonable 1662. LONDON Printed for Richard Royston Bookseller to His Most Sacred Majesty M. DC LXXV THE PREFACE THE design of publishing these Treatises is to vindicate the Honour and Justice of our Laws from the rude aspersions which have been lately cast upon them by such who are better versed in Hollinshead and Stow than in the true Reasons and Occasions of those Laws This is the present method of dealing with our Church and Laws when our Adversaries have been quite tired with scolding they betake themselves to throw dirt in the face of them and I am sorry the weakness or imprudence of any late Historians among us should furnish them with dunghils for this purpose But since we have to deal with such who have no advantage but what the weakness and mistakes of their Adversaries give them it were heartily to be wished that some effectual course were taken that the History of our Church since the Reformation might be delivered to Posterity with greater care and sincerity than hath yet been used about it It hath been thought the wisdom of some of the best governed Nations in the World to take a great care of their Histories by whom and in what manner they were written Josephus saith That none but the High-Priests and the Prophets were allowed to write the Histories of the Jewish Nation the like others say of the Chaldeans Egyptians and Persians who all looked upon the History of their Country as a Sacred thing and which none ought to presume to meddle with but such as were appointed for it and whose imployment was supposed to free them from the suspicion of flattery or falshood But above all Nations the Chineses as they were most remarkable for Political Wisdom were the most punctual in this matter no man durst attempt any thing of History among them besides him whose publick Office it was which he was bound to perform with all fidelity for his won time but not to call in question or correct any thing before him by which means the History of that mighty Empire though written by multitudes of Authors is one continued and entire Story without any variety or contradiction It is very well known that the old Romans suffered none but the Pontifex Maximus to make up the Annals of every Year which himself was only intrusted with the keeping of that the People might upon resort to his house have full satisfaction in all their doubts and these were called the Annales Maximi and although some make this custom as old as the foundation of that Government yet Vopiscus more probably makes it to be one of the wise Constitutions of Numa Dion saith That while the Roman Senate continued its Authory the Actions of every year were solemnly read out of the Publick Commentaries to the Senate and People and although particular persons would write Histories according to their own inclinations yet the Truth might be discerned out of the Publick Records and although he very much laments the uncertainty of their Histories afterwards when the Emperours would not endure the Truth to be written yet there were persons who would write though they died for it which was the case of Cremutius Cordus and Titus Labienus which made Seneca say Res nova insueta supplicia de studiis sumi but it seems by what follows in him the World may bear the loss of such Writings for rejoycing that this Persecution of Wits began after Cicero's time he saith Dii melius quòd eo seculo ista ingeniorum supplicia coepèrunt quo ingenia desiêrunt And it appears by Tacitus that the custom of Publick Annals was preserved to his time for the greater Affairs and the Diurna Acta Urbis for lesser occurrences and Tertullian frequently appeals to the Archives and Publick Commentaries Which custom of preserving publick Records of History did likewise obtain in most well-governed Cities as Plutarch often quotes the Delphick and Laconick Commentaries These things I only mention that it may not be thought below the wisdom of a Nation to take care of the History of it and not to suffer it to be profaned or corrupted by every mean peevish or indiscreet Writer that hath so little wit and judgment as to think himself fit to write the History either of his own or former times None are fit for such a work but persons of great judgment and capacity and such who have had the best portunities of understanding Affairs and have the greatest reputation for integrity to report them And we want not some such as these who are so well known that I need not name them but they are but few in comparison with others It was complained of among the Romans that L. Octacilius being but a Libertine though he were Pompey's Master should presume to write a History that being a Work proper for the wisest Senators and Learned men have long wished for a perpetual Edict against scribbling Historians as great debauchers of Truth and corrupters of the Faith of History I wish it were as easie to remedy as to complain of these things but those of us who are concerned for the Honour of our Church and Nation find the continual and growing inconveniences of this mischief when we see all the false or indiscreet passages of the worst Historians picked up and upon all occasions made use of as the best Weapons against our Church But thanks be to God things are not yet so bad with us but we have sufficient evidence left to clear our selves of these reproaches without being put to defend the weaknesses of every trisling Historian What if Hollinshead or Stow or Speed or any later men have let fall some passages which the Enemies of our Church make use of to its disadvantage Must things presently be concluded to be just as such men have said without searching farther Must we be judged by them rather than by such who were in the top of business and knew all the first grounds and Reasons of Things rather than by those who were as much concerned to have found out all reproaches against our Penal Laws and yet acknowledge them to have had such Reasons for them that no Government in the World but upon the same provocations would have done the same things This is that particular part of our History which I have endeavoured to clear by these following Treatises which have these advantages to recommend them to the Readers Consideration 1. That the first of them was penned by the direction of one of the Greatest Statesmen of his Age and one of the Wisest Persons this Nation hath ever bred viz. the Lord Treasurer Burleigh For when the Jesuits and their Party had filled the Courts of the Princes in