Spiller Knight in Commission for Middlesex and Westminster and Deputy-Lieutenant Valentine Saunders Esq one of the Six Clerks both which are justly suspected to be ill-affected in Religion according to the Acts of State. Charles Jones Knight Deputy-Lieutenant and Justice of Peace George Milburne Esq Justice of Peace Edward Morgan Esq their Wives are all Popish Recusants William Jones Deputy-Lieutinant Justice of Peace his Wife suspected to be a Popish Recusant John Vaugban Captain of the Horse suspected for Recusancy Benedict Hall receiver and Steward of the Dutchy of Lancaster he and his Wife are Popish Recusants Sir Thomas Brudenel Knight and Baronet Deputy Lieutenant a Popish Recusant Cutbbert Heron Esq now Sheriff of Northumberland Justice of Peace his Wife a Recusant Sir William Selby Junior Knight Justice of Peace his Wife a Recusant Sir John Canning Knight Justice of Peace his Wife a suspected Recusant Sir Ephraim Widdrington Knight Justice of Peace suspected to be a Recusant Sir Thomas Ridall Knight Justice of Peace his Wife and Eldest Son are Recusants John Widdrington Esq who came out of the same County before his Majesties Proclamation was Published and is now at London attending the Council Table by Commandment and yet not dismist Sir Robert Pierpotnt Justice of Peace his Wife a Recusant Sir Anthony Brown Knight Justice of Peace thought to be a Recusant but not convict Sir Henry Beddingfeild Knight Deputy-Lieutenant and Justice in Oyer and Terminer and in Commission of Sewers Justice of Peace and Captain of a Foot Company his Wife nor any of his Children as is informed come to the Church Thomas Sayer Captain of the Horse his Wife comes not to Church Sir William Yelverton Baronet and Justice of Peace not suspect himself but his Eldest Son and one of his Daughters are known Recusants Sir Henry Minne Knight Justice of Peace and Quorum neither he his Wife or Daughters can be known to have received the Communion and have been presented at the Sessions for Non-conformity Robert Warren Clerk a Justice of Peace justly suspected and that for these Reasons 1. He being in trust for one Ratcliff of Bury Deceased for the Education of his Son he took him from the School at Twelve years Old and sent him beyond the Seas to be brought up there in a Popish Seminary where he hath remained six or seven years as was generally Reported 2. One of his Parishioners doubted in some points of Religion being Sick and desired to be satisfied by him who confirmed him in the Religion of the Church of Rome which he told to his Brothers before his Death who are ready to affirm the same but this was divers years since 3. There being Letters directed to four Knights of that County to call the Ministers and other Officers before them and to cause them to present all such as absented themselves from the Church and were Popishly affected he was desired to present those within his Parish Church of Welford which he accordingly did but left out at the least one half And being asked why he did so He Answered that he was no Informer And being asked of some particulas whether they come to the Church or not his Answer was they did not And why then did he not present them He said they might be Anabaptists or Brownists and would not present them and this certified by three Members of the House 4. He having a Brother dwelling in Sudbury that was presented for not coming to the Church he came to one of the Ministers and told him that he took it ill they presented his Brother Who Answered he did not but if he had known of it he would whereupon he replied he was glad he had a Brother of any Religion 5. One of his Parish named Fage having Intelligence that there was one of the said Parish that could inform of a private Place where Arms were in the Recusants House in the Parish came to some of the Deputy-Lieutenants in Commission for a Warrant to bring the same in form before them to be examined concerning the same And the said Fage delivered the Warrant to the Constable he carried him before the said M. Warren who rated the said Fage for that he did not come to him first telling him that he was a factious Fellow and laid him by the Heels for two hours which the said Fage is ready to affirm Sir Benjamin Tichburn Knight and Baronet Justice of Oyer and Terminer Justice of Peace and Deputy-Lieutenant and in Commission for the Subsidy his Wife Children and Servants Indicted for Popish Recusancy Sir Richard Tichburn Knight Justice of the Peace his Wife presented the last Sessions for having absented her self from the Church for the space of two Months Sir Henry Compton Knight Deputy-Lieutenant Justice of Peace and Commissioners for the Sewers Sir John Shelley Knight and Baronet himself and his Lady Recusants Sir John Gage Knight and Baronet a Papist Recusant Sir John Guldeford Knight their Ladies come not to Church Sir Edward Francis Knight their Ladies come not to Church Sir Garret Kempe Knight some of his Children come not to Church Edward Gage Esq a Recusant Papist Comissioner of the Sewers Thomas Middlemore comes not to Church Comissioner of the Sewers James Rolls William Scot Commissioners of Sewers both Recusants Papists Robert Spiller comes not to Church Sir Henry Guilford in Commission for Piracies and for the Sewers And John Thatcher Esq Commissioner for the Sewers they are either Persons convicted or justly suspected Sir Richard Sandford Knight Richard Brewthwait Esq Gawen Brewthwait Esq their Wives are Recusants Sir William Aubrey Knight Justice of Peace a Recusant Rees Williams Justice of Peace his Wife a convict Recusant and his Children Popishly bred as is informed Sir John Coney Knight a Justice of Peace and Deputy-Lieutenant his Wife a Popish Recusant Morgan Voyl Esq Justice of Peace his Wife presented for not coming to Church but whether she is Popish-Recusant is not known John Warren Captain of the Trained-Bands one of his Sons suspected to be Popishly affected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that increase both in Number and Power which by the Favour and Countenance of such like ill-affected Governours accreweth to the Popish Party but that according to your own wisdom goodness and Piety whereof they rest assured you will be graciouslly pleased to command that answer of your Majesties to be effectually observed and the Parties abovenamed and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England contrary to the Acts and Laws of States in that behalf The Parliament Dissolved upon the Duke of Buckinghams Account Another Parliament Summoned But the Parliament pressing hard upon the Duke of Buckingham the 15 th of June 1626. they were Dissolved before any Answer was given to this Petition and soon after
Spaniards gives the overture of the Match Rushw Col. part 1. f. 4. The King having had thoughts of a Match for Prince Charles with France and the Duke of Savoy having been before him and prevailed for his Son the Prince of Piedmount The Spaniard giving the overture of a Match King James embraceth it and Articles of Religion between the King of England and Spain were agreed on which were these c. Articles of Religion agreed upon between the Kings of England and Spain That the Popes Dispensation be first obtained by meer Act of the King of Spain That the Children of this Marriage be not constrained in Matters of Religion nor their Title prejudiced in case they prove Catholics That the Infanta's Family being Strangers may be Catholics and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious Persons may wear their own proper Habits That the Marriage shall be Celebrated in Spain by a Procurator according to the instructions of the Councel of Trent and after the Infanta's Arival in England such a Solemnation shall be used as may make the Marriage valid according to the Laws of this Kingdom That she shall have a competent number of Chaplains and a Confesser being Strangers one whereof shall have Power to Govern the Family in Religious Matters But none of the People of England but were averse to this Match except the Papists whose interest indeed it was to carry it on After the Bohemians had chosen the Count Palatine King of Bohemia he craved advice of his Father in Law King James touching the acceptation of that Royal dignity But before he could receive his advice he was prevailed upon to accept it Count Palatine chose King of Bohemia Wilsons Hist f. 132. Rushw Col. 1. part f. 12. because the emergency of the Cause would admit of no delay and afterwards sent to King James to excuse it When this important business of the Count Palatines accepting the Crown of Bohemia was related in the Kings Councel to evince of what advantage it was to the Protestant Cause I shall here insert Arch-Bishop Abbots Letter to Sir Robert Nauton the Kings Secretary the Arch-Bishops infirmities not permitting him at that time to attend the Councel That God hath set up this Prince his Majesties Son in Law Arch-Bishop Abbot's Letter touching the Count Palatines accepting the Crown of Bohemia as a mark of Honour throughout all Christendom to propagate the Gospel to help the oppressed that for his own part he dares not but to give advice to follow where God Leads apprehending the Work of God in this and that of Hungary that by Peece and Peece the Kings of the Earth that gave their Power to the Beasts shall leave the Whore and make her desolate that he was satisfied in Conscience the Bohemians had just cause to reject that Bloody Man who had taken a course to make that Kingdom not Elective in taking it by the donation of another the slighting of the Viscount Doncaster in his embassage gave cause of just displeasure and indignation therefore let not a Noble Son be forsaken for their sakes who regard nothing but their own ends our striking in will comfort the Bohemians Honour the Palsgrave strengthen the Princes of the Vnion draw on the United Provinces stir up the King of Denmark and the Palatines two Vncles the Prince of Orange and the Duke of Bovillon together with Termoville a rich Prince in France to cast in their shares The Parliament is the Old and honourable way for raising of Money and all that may be spared is to be returned this way and perhaps God provided the Jewels that were laid up in the Tower by the Mother for the preservation of the Daughter who like a Noble Princess hath professed that she will not leave her self one Jewel rather then not maintain so Religious and Righteous a Cause certainly if countenance be given to this Action many brave Spirits will offer themselves therefore let all our Spirits be gathered up to animate this business that the World may take notice that we are awake when God calls By this Letter it plainly appears that it was the Arch-Bishops Opinion that it tended much to the promoting the Reformation that the Count Palatine should accept the Crown of Bohemia and the Crown of England should stand by him in it and whoever reads the most impartial writers of those times will find that the Spanish Match which was then a foot and Popish Councels at home was the true Cause of the loss of the Palatinate and the ruine of that Protestant Prince and how could things be expected otherwise so long as Gondamor had so far the ascendant of the King that when the Earl of Essex solicited the King after the War was begun to send more Forces Gondamor obstructed it whatever he desired was done and few or none were well respected at Court but Spanish * Wilsons 144. Rushw 1. part f. 18. vide the private instructions to the Spanish Ambassador sent into England Pentioners under whom the Papists flourished After the Palatinate was lost the King outwardly seemed willing to assist towards the Recovery of it and therefore proposes it first to the Privy Councel and afterwards called a Parliament which was to meet the thirteenth of January in the 18 th Year of his Reign proposing to himself that the People for regaining the Palatinate would open their Purses which he might make use of and that a good agreement Between him and his People would induce his Brother of Spain to be more Active and so he should have supply from the one and dispatch from the other i. e. Mony and the Spanish Match were the ends he aimed at let the Palatinate Sink or Swim 't was no matter This the Jesuits and Seminary Priests knew well enough and therefore they Wilsons Hist. f. 151. rangeing up and down like Spirits let loose did not now as formerly creep into Corners using close and cunning Artifices but practised them openly having admission to our Councellors of State. And when Secretaries and such as manage the intimate Councels of Kings are Jesuits and Clients to the Pope there can be no tendency of affection to a contrary Religion or Policy Yet these were the Men that carried all before them at Court And the Protestant interest must needs flourish under such Ministers of State especially if it be considered that England was not only Man'd with Jesuits all Power now failing to oppose them but the Women also began to practice the Trade Women Jesuitrices calling themselves Jesuitrices This Order was first set on foot in Flanders by Mrs. Ward and Mrs. Twitty two English Gentlewomen who Cloathed themselves in Ignatian Habit and were Countenanced and Supported by Father Gerrard Rector of the English Colledge at Leige with Father Flack and Father More Their design was to Preach the Popish
An Historical ACCOUNT Of Making the PENAL LAWS By the PAPISTS against the PROTESTANTS And by the PROTESTANTS against the PAPISTS WHEREIN The true Ground and Reason of Making the Laws is given the PAPISTS most Barbarous Usuage of the PROTESTANTS here in England under a Colour of Law set forth and the Reformation Vindicated from the Imputation of being Cruel and Bloody unjustly cast upon it by those of the Romish Communion By Samuel Blackerby Barrister of Grays-Inn Summa est ratio quae pro Religione facit Co. 5.14 b. LONDON Printed for William Churchill at the Black-Lyon in St. Paul's Church-Yard and John Weld at the Crown between the Temple-Gates in Fleet-Street MDCLXXXIX Licensed By Command of the Right Honorable the Earl of Shrewsbury Principal Secretary of State. The 10 th of May 1689. JA. VERNON To the Right Honorable CHARLES EARL of MONMOUTH VISCOUNT MORDANT OF AVILAND BARON of RIGATE ONE of their MAJESTIES most Honorable PRIVY-COUNCIL And the FIRST of the LORDS COMMISSIONERS Of their MAJESTIES TREASURY c. This Historical Account of making these Penal Laws is most humbly Dedicated by the Author His Lordships Most Humble and most Obedient Servant AN HISTORICAL ACCOUNT Of making the Penal Laws By the Papists against the Protestants and by the Protestants against the Papists CHAP. I. Rich. II. BY the 1 Mirror of Justices f. 152. Common Law of England the punishment of Heresie was burning the Heretick by vertue of the Writ de Haeretico comburendo 2 Fitz. Natur. Brev. f. 269. which was first to issue What was accounted Heresie before the time of Ed. the 3 d I shall not enquire That the Church of Rome hath always termed those Hereticks who have opposed her Innovasions and Corruptions can't be denyed and is sufficient to my purpose The first of these that apppeared in England was John Wickliffe in the latter end of the Reign of King Ed. the 3 d in the year 1371. And therefore there was no occasion for putting the Law in Execution till his time but upon his appearance he Preaching and Teaching several Doctrines that tended to a Reformation the Romish Clergy fond of their Diana presently endeavours to silence him which they had done had not the favour of some great men at that time stopt their proceedings against him so that notwithstanding their Rage and Malice against him he at last dyed in his Bed But such an Implacable Hatred they bore to his Memory because he had begun to dispel those Clouds of Darkness and Ignorance with which this Church of England was then overspread that they 3 Ex actis Consilii Constan Procured a Decree of the Synod of Constance for the taking up his Body and Bones to be burnt one and forty years after he was buried for being an obstinate Heretick In obedience to which Decree the Popish Clergy in the time of King Richard the 2 d took up his Bones out of his Grave and burnt them and cast the Ashes into a River Such Enemies were they then to Christ's Religion that they would not suffer the Ashes of this great Luminary to rest lest as they were superstitious enough to think they should again revive to make a further discovery of their Works of Darkness In this 4 Trussel's Continuation of Daniel's History of England fol. 49. King's Reign execution by Fire was first put in practice within this Realm for opposing the Superstition and Idolatry of the Church of Rome Before this time there being no Statute to punish the Oppugners of the Romish Innovasions and Corruptions in matters of Doctrine and Worship The Clergy of the Romish Church made use of the weakness of R. 2. and prevailed with him to consent to the owning a supposititious Law of their own contriving and drawing up without the consent of the Commons Co. Inst 3. p. fol. 40 41. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to arrest such as should be certified into the Chancery by the Bishops and Prelates to be Preachers of Heresie and notorious Errors their Fautors Maintainers and Abettors and to hold them in strong Prison until they would justifie themselves to the Law of Holy Church Which Act of Parliament was the first that was made against them that preached against the Church of Rome under the Notion of their being Hereticks who were then called Wicklivites The Act it self I have here inserted as it is Printed in Rastal's Statutes 5 R. 2. Ca. 5. Rast Stat. f. 140. The Wicklivites to be imprisoned Forasmuch as it is openly known that there be divers evil persons within the Realm going from County to County and from Town to Town in certain habits under dissimulation of great Holyness and without the Lycens e of the Ordinacies of the places or other sufficient Authority Preaching daily not only in Churches and Church-yards but also in Markets Fairs and other open places where a great Congregation of people is divers Sermons containing Heresies and notorious Errors to the great embleamishing of the Christian Faith and destruction of the Laws and of the estate of Holy Church to the great peril of the souls of the people and of all the Realm of England as more plainly is found and sufficiently proved before the Reverend Father in God the Arch-Bishop of Canterbury and the Bishops and other Prelates Masters of Divinity and Doctors of canon and of civil Law and a great part of the Clergy of the said Realm especially assembled for this cause which persons do also preach divers matters of slander to engender discord and dissention betwixt divers Estates of the said Realm as well Spiritual as Temporal in exciting of the people to the great peril of all the Realm which Preachers cited or summoned before the Ordinaries of the places there to answer of that whereof they be Impeached will not obey to their Summons and Commandments nor care not for their Monitions nor Censures of the Holy Church but expresly despise them and moreover by their subtil and ingenious words do draw the people to hear their Sermons and do maintain them in their Errors by strong hand and by great Routs It is ordained and assented in this present Parliament that the King's Commissions be made and directed to the Sheriffs and other Ministers of our Soveraign Lord the King or other sufficient persons Learned and according to the Certifications of the Prelates thereof to be made in the Chancery from time to time to arrest all such Preachers and also their Fautors Maintainers and Abettors and to hold them in Arrest and strong Prison till they will justifie them according to the Law and Reason of Holy Church and the King will and commandeth That the Chancellor make such Commissions at all times that he by the Prelates or any of them shall be certified and thereof required as is aforesaid By this Act it appears that there were then several persons who would not
Treason This Act declares what shall not and what shall be Heresie Hist Ref. pt 2. ib. 3. f. 386. that no matter of Religion or cause Ecclesiastical within this Act shall be Heresie Schism or Schismatical Opinion nor any thing but what is so adjudged by the Canonical Scriptures and the four first general Council or other Councils by the true and genuine sence of the Holy Scriptures or what should afterwards be declared Heresie by the Parliament with the consent of the Convocation From which Act. I observe that altho' it was a Premunire before this Law to own a Foreign Jurisdiction as bringing in Bulls doth yet the Queen was willing to inflict a less punishment for the first offence to see if she could gain upon the Papists by Clemency and made it not high Treason till a conviction of the third offence and that Conviction to be according to the Antient Laws of the Land and not in an Arbitrary way which is much more mild than any of the Popish Laws were neither was this Law put in Execution against them till they grew troublesome to the State as I shall plainly make appear hereafter The next Law was for the uniformity of Common Prayer and service in the Church and administration of the Sacraments Whereby 1 Mar. ca. 2. is repealed 1 Eâ—iz ca. 2 Rast Stat. p. 2 f 5. An Act of Vniformity Camd. Annal. fol. 27. and the last Book of Common-prayer c. made in Ed. 6 th time is established with the alteration of some few things By which Law it is provided that spiritual persons that shall use any other service or deprave or speak against the use of that for the first offence being legally Convicted shall lose the profits of his Benefice for a Year and shall suffer six months Imprisonment for the second Offence shall be deprived ipso facto for the third not only deprived but suffer Imprisonment during his Life a Lay person offending in the Premisses shall for the first Offence suffer Imprisonment for a Year without Bail or mainprize and for the second Offence shall suffer Imprisonment during Life Every one that by Enterludes Plays Songs Rhimes or other open words shall speak against any thing in derogation depraving or despising of the same Book or shall any ways maintain any person c. in using any other Service c. or shall hinder or interrupt the use of this Book For the first Offence shall forfeit 100 Marks for the second Offence 400 Marks and for the third Offence shall forfeit all his Goods and Chattels and suffer Imprisonment during Life and for non payment of the 100 Marks in 6 Weeks after his Conviction shall suffer six Months Imprisonment and for non payment of the 400 Marks shall suffer 12 Months Imprisonment without Bail or Mainprize All persons are by this Act required having no reasonable Excuse to resort to their Parish Church or upon reasonable Let to some other place where the service is used upon Sundays and Holy-days upon the Penalty of punishment by the Censures of the Church and 12 d. for every Default And for due Execution of this Act the Queen il â—ean trying the Bishops for being guilty of a Misdemeanor iâ— not complying with a Popish Prince against this Law be justified the Lords Temporal and all the Commons in that Parliament assembled did in God's Name earnestly require and charge the Arch-Bishops Bishops and other Ordinaries that they should endeavour themselves to the utmost of their knowledges that the due and true Execution thereof might he had throughout their Diocess and charges as they would answer before God for such Evils and Plagues wherewith Almighty God might Iustly punish his People for neglecting that good and wholsome Law. All Laws for other Service are hereby made void But may the Papists say Are not imprisonment Premunire and High Treason very great Penalties What Greater To this I answer That there is not any of them inflicted for the first Offence But punishment for the first offence is still but a pecuniary molct The Penalty annâ—â—ed to this Law justified and extends to neither Pillory Loss of Ears striking off hands or death much less death by Fire and Fagor The second Offence is restraint of Liberty and that but Temporary except in one single Case where it is for Life The punishment for the first Offence is no where made a Premunire nor Treason and 't is but in one case that the Party offending is made Guilty of High Treason and that is upon being Convicted of the third Offence too and for that very Offâ—nce the Party incurr'd a Premunire by the Law before And if it be granted me that it is necessary that some kind of Penalties be annexed to inforce obedience to Laws which certainly cannot be denyed these being such gradual Penalties the Papists themselves cannot but own that they are reasonable 5 Eliz. ca. 1 Rast Stat. pt 2. f. 39. An Act to exclude the Popes Pretences to any Authority here in England The reasonableness of it and the Penalties annexed to it The next Act of Parliament I shall take notice of is the Act for the assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions by which Act it is provided That if any person dwelling inhabiting or resiant within the Queens Dominions should after 1 Apr. 1563 by writing c. advisedly and wittingly hold c. maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore usurped within this Realm being lawfully Convicted thereof within a Year should incur a Premunire for the first Offence and High Treason for the Second the like Penalties are annexed to the Refusal of the Oath of Supremacy The reason of the making which Law appears from the Preamble of the Act and the History of those times The Preamble takes notice that Hures Perils Dishonours Inconveniences had before time befallen the Queens Majesties Noble Progenitors Kings of this Realm and the whole estate thereof by means of the Jurisdiction of the See of Rome unjustly claimed and usurped within this Realm and the Dominions thereof and also takes notice of Dangers the Queen and state was then in by the Faâ—ters of the said usurped Power at that time grown to marvellous outrage and Licentious Boldness and therefore it was necessary to have more sharp restraint and correction of Laws then before in the time of the Queens Majesties most mild and merciful Reign had been establish'd Hence it plainly appears that the Parliament thought the Queens Person and the Kingdom in great Danger from the Papists who are all favourers of the Pope's Authority in England and if Cambden may be believed not without reason Cambd Annals fol. 58. for he tells us That Anno Domini 1562 in France the Professors of the Reformed Religion were most grievously afflicted And that thereupon the Papists in England muttered
notwithstanding Ridolphus plausible reasoning as he did also a Proposition made to him from Ross by Barker of surprising the Queen at unawares and interrupting the Parliament which was then sitting The Commentary of the Queen of Scots before mentioned being afterwards discovered there the Design appearing I have inserted what Cambden saith she therein discoursed viz. That the French approved of the Conference begun with the Scots and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth and that to no other end but that they might have the better pretence to deny the aid promised for her Restitution That the same French privately opposed her Marriage with Don John of Austria and highly favoured that with Norfolk in hatred to the Spaniards That the Duke of Alva did so far condemn the Design for sending back the Queen of Scots into Scotland that he thought it to be attended with the utter undoing of the Queen and the overthrow of the Catholick Religion in Britain for the Queen being returned into Scotland must of necessity either undergo the danger of being besieged or else hazard a Battel with the Rebels who with the help of the English would soon get her into their power before any foreign Forces could come to her assistance Seeing then she could not be safe in Scotland and from France there was swall hope that being embroiled with Wars within it self he thought it her best Course to fly to the Spaniards help who had proffered her Marriage with Don John of Austria which notwithstanding she would refuse having given her Faith that the Popish Religion in Brittain should be restored by Norfolk as also that her Son should be forthwith conveyed out of Scotland and sent into Spain for so he would be kept in safety and instructed in the Romish Religion from his very Childhood and withal all pretences would be taken from the Scots who Cloaked their Rebellion under his Name That to solicit these matters and to procure foreign assistance Ridolph was to be sent away presently who was to have private directions in any Case to conceal these things from the French. When the Council had received this Commentary and the Letters before mentioned Camb. Annals p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome and one Barker being apprehended had made a full Confession the Duke of Norfolk was committed to the Tower together with Bannister the Dukes Counsellor at Law the Earls of Arundel and South-hampton the Lord Lumley the Lord Cobham and Thomas his Brother Henry Piercy Lowder Powel Goodyear and others who every one of them even the Duke himself confessed the matter The Iniquity of these times and the Love of the Estates of England which were then assembled at Westminster towards their Prince and Country occasioned the making an Act of Parliament whereby certain Offences were made Treason Rast Stat. pt 2. fol. 136. To bold that the Laws and Statutes cannot liâ—â—â— the Crown and bind the Succession Treason during the â—uccâ—s Life and a Premunire ever after The Preamble of this Act takes notice that it was thought the Laws and Statutes of this Realm then in force were not sufficient for the preservation of the Queens person which ought to be provided for and by the Neglecting whereof the Government might be subverted And therefore it was Enacted and provided according to the Tenor of former Laws that if any should attempt the Destructeon or personal Hurt of the Queen or raise War or excite others to War against Her if any Man should affirm that she is not nor ought of right to be deemed Queen of this Realm but that the Kingdom is more justly due to another or should pronounce her to be an Heretick Schismatick or Infidel or should usurp the Right and Title of the Kingdom during her Life or affirm that any other hath right to the Crown or that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof Every such person should be guilty of High Treason during the Queens Life and that after her Death if any person held the Doctrine that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof he should incur a Premunire That if any Man during the Queens Life should by any Book written or printed expresly maintain that any person is or ought to be Heir or Successor to the Queen except the same be the Natural Issue of her Body or should wilfully publish print or utter any Books or Writings to that effect he and his Abettors should for the first Offence suffer Imprisonment for a Year and forfeit the one half of his Goods and for the second Offence incur the Penalty of a Premunire I confess that Keble saith in his Collection of Statutes that this Act of Parliament is expired but what ground he hath for it appears not any where that I can find Keble Stat. fol. 827. either in our History or Law Books so that I take it for so much as was to continue after her death it is in force still not being repealed by any subsequent Statute and therefore certainly who ever holds that Doctrine that the Right of the Crown and the succession thereof cannot be limited and determined by the Laws and Statutes of the Kingdom incurs a Premunire There was also another Act of Parliament made in the same Session the which is intituled an Act against the bringing in and putting in execution of Bulls writings or Instruments and other Superstitions from the See of Rome The Preamble of which Statute recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast Stat. pt 2 fol. 138. Against bringing in Bulls c. from Rome and reconciling and being reconciled to the See of Rome Touching the Abolishing of the Authority of the Bishop and See of Rome and setts out That yet nevertheless divers Seditious and evil disposed People minding not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the Thraldom and subjection of that Foreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange the Minds and Hearts of sundry of her Majesties Subjects from their Dutiful Obedience and raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome and his said See divers Bulls and Writings And sets forth the effect of the said Bull herein before particularly set forth and that by colour of the said Bulls and Writings the said wicked Persons very secretly and most seditiously in such parts of this Realm where the People for want of Instruction were most weak simple and ignorant and thereby furthest
from the good understanding of their Duty towards God the Queen had by their Lewd and subtle Practices and Perswasions so far wrought that sundry persons had been reconciled to the said usurpt Authority of the See of Rome and did take Absolution at the hands of the said naughty and subtle Practicers whereby there was grown great disobedience and boldness in many not only to withdraw and absent themselves from all Divine Service but also did think themselves discharged from all Obedience Duty and Allegiance to her Majesty that thereupon most wicked and unnatural Rebellion had ensued and to the further danger of this Realm was likely to be renewed if the ungodly attempts in that behalf were not by severity of Laws restrained and bridled This Law therefore provides that they who by Bulls or other Instruments of the Bishop of Rome should reconcile any person to the Church of Rome and those also who should be so reconciled should incur the Penalty of High Treason That those who should relieve such as did so reconcile Men or should bring into England any Agnus Dei's or any Crosses Pictures Beads or such like vain and superstitious Things Consecrated by the Bishop of Rome should undergo the Penalty of a Premunire That they who should not discover such as did so reconcile should be guilty of Misprision of Treason From the precedent History of Fact and the Preamble of these two Acts of Parliament and the Acts themselves I observe three things 1 st That the Kingdom of England is in it self a Free State exempt from all Foreign Jurisdiction whatever by the Common Law of this Kingdom 2 dly That there had been deep Designs on foot before the making of these Acts of Parliament for the inslaving this Kingdom to the Bishop and See of Rome subverting the Protestant Religion and introducing Popery and in order thereunto there were several Plots laid to destroy the person of the Queen 3 dly That these were all laid and carried on by the Pope and some Papists that were the Queens own Subjects and others their adherents and therefore certainly it must be granted that it was very necessary at that time to make these Laws against the Papists And that it was but reasonable to make them The Secular Priests own the Reasonableness of making these Laws Collection of several Treatises concerning the reasons and occasions of the Penal-Laws The 1st printed in 1583. the second in 1601. the third in 1662. and all reprinted in 1688. fol. 36. even the Secular Priests themselves have owned in their important Considerations They confess that Pius V. did practise her Majesties subversion that Ridolpho was sent hither by the Pope under Colour of Merchandize to sollicit a Rebellion That Pius V. moved the King of Spain to Joyn in this exploit That the Bull was devised purposely to further the intended Rebellion for depriving her Majesty from her Kingdom That the Pope and King of Spain assigned the Duke of Norfolk to be head of this Rebellion That the Pope gave order to Ridolpho to take 150000 Crowns to set forwards this Attempt That some of this money was sent to Scotland and some delivered to the Duke That King Philip at the Pope's Instance determined to send the Duke of Alva into England with all his forces out of the Low-Countries to assist the Duke of Norfolk which they confess in this manner That these things their Adversaries the Protestants Charged on them as true and that they were in hand whilst her Majesty dealt so mercifully with them and therefore ask'd them how they could excuse these designs so Unchristian so unpriestly so Treacherous and so unprince-like To which they answer that when they first heard the aforementioned particulars they did not believe them but would have laid their Lives they had been false but when they saw them printed in the Life of Pius V they appeal to God they were amazed Collection f. 37 and say they can say no more but that his Holiness was misinformed and indirectly drawn to these courses They confess that there being several persons in Prison when the Rebellion in the North before mentioned brake forth that it was known that the Pope had Excommunicated the Queen that there followed a great restraint of the Prisoners but none of them were put to death upon that occasion the Sword being then only drawn against such Catholicks as had risen up actually into open Rebellion wherein say they we cannot see what her Majesty did that any Prince in Christendom in such a case would not have done and confess these things to have been the occasion of making 13 Eliz. ca. 2. against bringing in Buls c. thus they express themselves Collection f. 38. we cannot but confess as reasonable men that the State had great Reasons to make some Laws against us except they should have shown themselves careless for the continuance of it but be the Law as any would have it never so extream yet surely it must be granted that the occasions of it were most outragious and likewise that the Execution of it was not so Tragical as many have since written and reported of it for whatsoever was done against us either upon the pretence of that Law or of any other would never we think have been attempted had not divers other preposterous occasions besides the Causes of that Law daily fallen out amongst us which procured matters to be urged more severely against us And afterwards they accuse Saunders the Jesuit for writing a Book in 1572 de visibili Monarchia and therein justifying the Excommunicating the Queen and the said Rebellion in the North and do themselves own that the persons that suffered upon that account were Arraigned Condemned and Executed by the Antient Laws of the Country for High Treason As to the Acts themselves It is not to be denyed but they are very severe yet not severe enough to deter the Papists from carrying on their designs against the Queen and the Protestant Religion as I shall by and by make appear but before I do that let us a little enquire Story 's Plot. Cambd. Hist li 2. fol 168. Dyer 13 Eliz. fol. 298. Baker 's Chron. fol. 343. The Duke of Norfolk executed what proceedings there were upon these Laws after they were thus made In the year 1571 't is true one John Story Doctor in Laws one of the Duke of Alva's Servants an Englishman and a Papist was Executed but it was for High Treason not Religion for having conspired the Queen's Death cursed her daily in his Grace at Meals and shewing the Duke of Alva's Secretary the way to Invade England to put Ireland into Rebellion and to excite the Scots to break into England all at once The Duke of Norfolk was also Tryed Convicted and Executed and after his Condemnation and before his Execution one Barney and Mather were Executed for conspiring with one Herle to make away some of the Council and
and Attempts against Her Majesties most Royal Person now for the explaining of all such Ambiguities and Questions which otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the Words or Meaning thereof Be it declared and enacted by the Authority of this present Parliament The Association approved and confirmed that the said Association and every Article and Sentence therein contained as well concerning the disallowing extending or disabling of any Persons that may or shall pretend any Title to come to the Crown of this Realm and also for the pursuing and taking Revenge of any Person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true Intent and Meaning of this Act not otherwise nor against any other Person or Persons The latter of the said two Acts of Parliament is intituled An Act against Jesuits Seminary Priests and such other like disobedient Persons The Preamble runs thus 27 Eliz. cap. 2. Rast Stat. 2. part f. 285. Treason for Priests and Jesuits to come into England Harbouring them Felony c. WHereas divers Persons called or professed Iesuits Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years come in and been sent and dayly do come and are sent into this Realm of England and other the Queens Majesties Dominions on purpose as it hath appeared as well by sundry of their own Examinations and Confessions as by divers other manifest Means and Proofs not only to withdraw Her Highnesses Subjects from their due Obedience to Her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same Her Highnesses Realms and Dominions to the great indangering of the Safety of her most Royal Person and to the utter Ruine Desolation and Overthrow of the whole Realm if the same be not the sooner by some good Means foreseen and prevented For reformation whereof it is enacted That all Iesuits Seminary Priests and other Priests whatsoever Ordained within or without the Queens Dominions by virtue of the Popes Authority should depart within forty Days That those who should afterwards return into the Kingdom should be guilty of High-Treason That he who should wittingly and willingly Harbour Relieve and Maintain them should be guilty of Felony that those who were brought up in Seminaries if they returned not within six Months after Notice given and submitted not themselves to the Queen before a Bishop or two Iustices should be guilty of High Treason and if any so submitting themselves should within ten years approach the Quéens Court or come within ten Miles thereof their Submission should be void That those who should by any Means whatsoever send or convey over any Money to Students in such Seminaries should incur the Penalty of a Premunire That if any of the Peers of the Realm that is Dukes Marquisses Earls Viscounts or Barons of Parliament should offend against these Laws he should be brought to his Tryal by his Peers That if any should know of any such Iesuits or other Priests above said lurking within the Realm and should not discover them within twelve Days he should be Fined and Imprisoned at the Queens Pleasure That if any Man should be suspected to be a Iesuit or Priest as aforesaid and not submit himself to Examination he should for his Contempt be imprisoned till he did submit himself That he who should send his Children or any others to Seminaries and Colledges of the Popish Profession should be fined in an hundred Pounds of English Money and that those who were so sent thither should not succeed as Heirs nor enjoy any Estates which should any way fall to them the like for all such as should not return home from the said Seminaries within a year unless they did conform themselves to the Church of England That if the Wardens or Officers of the Ports should permit any others besides Sea-men and Merchants to cross the Seas without Licence of the Quéen or six Privy Councellors they should be put out of their Places and the Masters of such Ships as carried them should forfeit their Ships and Goods and suffer Imprisonment for a whole Year Reflections upon the foregoing Plots Treasons and Acts of Parliament occasioned by them From which said Plots Conspiracies and Treasons and the said Acts of Parliament occasioned by the same I observe these things amongst many others observable 1. That there are no Villanies that can be imagined so bad but the Romish Clergy even the Pope himself will tell you is lawful to be Committed to carry on the interest of that Religion and instruments enough are to be found amongst Men of that Communion to undertake the Committing thereof one instance whereof we have in this Parry who did not only think it lawful but undertook it to murder his own Lawful Soveraign and had Authority so to do from the Pope himself and that he might sit in the House of Commons must needs be Guilty of a Wilful Perjury for by 13. Eliz. cap. 2. none could sit in that House but he who first had taken the Oath of Supremacy and that he did sit there is plain from the History and tho it doth not appear that he had a Dispensation for it yet 't is not to be doubted but that he was sure of a Pardon in case he had not a Dispensation 2. That the Protestants in those days thought it not only lawful but their Duty to Associate for the preservation of their Prince and of their Religion and having so done they were so far from being blamed by the Parliament that the Parliament did esteem it not only as a Lawful but a Commendable Act and added their Sanction to confirm what before they judged Lawful 3. That the Parliament in the 27 th Year of Queen Elizabeths Reign were so far from questioning their own power of determining and limiting the Crown and the Succession thereof that they did not only think it in their Power but reduced it into Act too to make the Successor Guilty of High Treason that should imbrue His or Her hands in the Blood of the Predecessor and hereby altered the Law 1. H. 7.4 Fitz. Abr. tit Parl. 3. Bro. Abr. tit Parl. 37. Plowd 238. b. that the Accession to the Crown purges the Treason because all Persons named in Acts of Parliament even the King himself are bound by such Acts of Parliament wherein they are named they being no ways alterable but by the same power not Persons that made them 4. That the severity of the Laws hitherto made did not actually deter the Papists from Plotting and Conspiring the Death of the Queen and the subverting the Protestant Religion Nor was it likely to
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do giâ—e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
Conspired his Death That it was a prime Rule and Precept for well Governing to be sparing of Blood that Blood cryeth for Blood That to use the extreamity of rigour towards her could not but seem a cruel and bloody Part. That the French King would do his best to repel and frustrate the Attemps of all Men whatsoever who should offer violence to the Queen and that the Guises the Queen of Scots near Kinsmen would engage themselves to do the like by Oath and Covenant under their hands who in Case she should be put to death would take it very hardly and haply not leave her unrevenged Lastly they required she might not be proceeded against according to so rigorous and extraordinary a Sentence Otherwise the French King could not but take very great displeasure thereat howsoever other Princes should hap to resent it The Answer to those Reasons To these Reasons Answer was made from Point to Point as followeth That the Queen of England trusted the most Christian King of France would have no less a regard and respect for her then he had for the Queen of Scots who had practised the destruction of an Innocent Princess her near Kinswoman and a Confederate with the French King. That it was expedient and necessary for Kings and Common-wealths that wicked attempts especially against Princes should not go unpunished That the English which acknowledged the Soveraign Authority of Queen Elizabeth only in England could not acknowledge two Supream free and absolute Princes in England at one time or account any other whomsoever equal to her in England as long as she lived Neither indeed did they see how the Queen of Scots and her Son who at present Reigneth can be reputed both at one time for Supream and Absolute Princes Whether the Queens safety would be exposed to greater danger upon her being Executed depended upon future Accidents and Contingences the Estates of England upon serious deliberations of the Matter thought otherwise there would never be occasions wanting for bad attempts especially when the Matter was now come to that pass that the one had no hope of safety unless the other were ruined and this saying they might call to Mind aut ego illam aut illa me either I must take away her Life or she will take away mine The shorter the time to come of her Life was the sooner and more eagerly would the Conspirators hasten the Queens danger That the Title which she claimed to the Crown of England she would not yet renounce and therefore she was with good reason detained in Prison and so to be detained though she came a Supplicant into England till she had renounced the same and the Crimes which she had committed since she was Prisoner she ought to suffer for whatever were the Cause of her first casting into Prison That the Queen had formerly most Graciously spared her Life when by unanimous consent of the Estates she was Condemned for a Rebellion raised about an intended Marriage between her and the Duke of Norfolk and to spare her again were but unadvised and cruel pity that no man was ignorant of that saying of the Lawyers A Man offending in anothers Territory and there found is punished in the Place of his Offence without regard of his Dignity Honour or Priviledge And that this was both justifiable by the Laws of England and by the Examples of Licinius Robert King of Scicily Bernard King of Italy Couradine Elizabeth Queen of Hungary Joan Queen of Naples and Dejotants for whom Tully pleading said it was no unjust thing that a King should be found Guilty and put to Death though it were not usual For thus the words run which I speak first touching a Kings forfeiture of Life and Estate which thing though it be not unjust especially when thy Life is in danger from him yet is it so unsual c. That she ought to be punished having been found Guilty upon a just and legal Tryal considering that what is just the same is honest and what is honest is also profitable and Expedient That the Story of Porsenna suited not with the present Case unless a Man should imagine a numerous Combinations of men to have laid wait for the Queens Life and should thereupon perswade her to let the Queen of Scots at Liberty without any hurt out of a fear of them with some regard to her own honour but none to her safety as Porsenna discharged Mutius after he had affirmed that three hundred like himself had Conspired and vowed his death Moreover Mutius attempted this against Porsenna in a just and declared War and when Mutius was let go Porsenna verily perswaded himself that all the danger was over but the Case here is quite otherwise That Blood indeed is to be spared but it must be inoncent Blood this God hath commanded True it is indeed that the voice of innocent Blood crieth for Blood and this can France both before and since the Massacre at Paris well witness and testifie That Death that is justly inflicted cannot seem Bloody as is neither Physic prapared duly and as it ought to be esteemed violent That howsoever the Guises the Queen of Scots Kinsmen might take the Matter yet it highly concerned the Queen to regard rather the safety of her self the Nobility and People of England upon whose love and affection she wholly depended then the displeasure of any whomsoever That the Matter was come to that pass that what was said of old concerning two Princes Couradine of Sicily and Charles of Anjou might now be spoken of two Queens it might now be truely said the Death of Mary is the Life of Elizabeth and the Life of Mary the Death of Elizabeth That the French King or the Guises promises could not secure the Queen and Realm much less make satisfaction for her Life if she should be made away That the French King could neither discover nor hinder secret Plots against himself at home much less was he like to hinder those against the Queen of England For Treason is plotted in secret and therefore hard to be prevented if the fact were once committed what would it avail to claim their Promises how should an incomparable Prince's death be made amends for and in so sad and woful a Confusion of all things what Remedy could be found for the languishing Common-wealth That the Obligations and Oaths of the Guises were of small value who judged it Meritorious to kill the Bishop of Rome's Adversaries and could easily procure Dispensations for their Oaths and what Englishman if Queen Elizabeth were slain and the Queen of Scots of the house of Guise advanced to the Crown durst accuse them of the Murther and if any should accuse them could they thereby make her alive again And the Ambassadors in calling this a rigorous and extraordinary Sentence have spoken rashly and unadvisedly for as much as they have neither seen Process nor Proofs and have more sharply then is fitting taxed the
People had possest our Souls in meekness and humility honoured Her Majesty born with the infirmity of the State suffered all things and dealt as true Catholic Priests If all of us we say had thus done most assuredly the State would have loved us or at least born with us where there is one Catholic there would have been ten There had been no Speeches amongst us of Racks and Tortures nor any cause to have used them for none were ever vexed that way simply for that he was either Priest or Catholic but because they were suspected to have had their hands in some of the said most Traiterous designments None of Her Majesties Enemies durst so really have attempted her State and Kingdom we had been in better friendship with those that seek now most to oppose themselves against us and to all Men as we are persuaded Bonus odor Christi odor vitae ad vitam Whereas by following the said new violent Spirits quasi turbae impellentes parietem we are become odor Mortis ad mortem non solum iis qui pereunt sed etiam iis qui salvi fiunt And therefore let us all turn over the Leaf and take another course then hitherto we have done CHAP. VIII K. Ja. I. AND now a Man might reasonably suppose that after the first Plottings of the Papists with the Guises the French King and the Pope on behalf and by the instigation of the Queen of Scots after Harding Saunders and S. P. busily exercising their Episcopal Power in England in 1568 after Ridolph's exciting Queen Elizabeth's Subjects to Rebellion sent hither by Pope Pius Quintus for that purpose after the Rebellion in the North fomented by Morton sent hither by the same Pope to that end headed by the Earls of Northumberland and Westmorland who were incouraged thereto by a Letter from the same Pope After Dacres his Rebellion in Cumberland after the Earl of Ormonds Brethren the Boâ—telers Rebellion in Ireland after Pope Pius Quintus his Bull declaring the Queen Excommunicate and her Subjects absolved from their Allegiance after the Earl of Twomonds Rebellion in Ireland after Storys Treason â—ir Edward Coke Attorny General to King James â—e First in oâ—ening the fact â—f the Gun-Powder-Plot at â—he Tryal of â—arnet the Jeâ—ite mentions â—â—ese Treasons â—nd Conspiraâ—es The Relaâ—tion of the â—ryal was Prinâ—â—d Anno â—606 which â—eing taken neâ—ce of whilst â—hings were â—resh in memoâ—y gives the â—reatest confirâ—ation to the â—ruth of them after the Spaniards the Pope and the Guises contrivances to kill the Queen and set up Mary Queen of Scots and introduce Popery after I say these things had occasioned the making the 13 Eliz. cap. 12 And after Stukelys Plot to invade Ireland and England at once After Fitz Morris his Rebellion in Ireland carried on after his Death by Desmond after another conspiracy in Ireland for the destruction of the Protestant Relligion after the erecting Seminarys abroad for the educating and bringing up Priests to be sent hither to alienate the Hearts of the Subject from their Soveraign and the Actual sending of Campian Parsons and others into England for that purpose who were detected in their attempts to compass such their wicked designs and Executed for Treason after I say these things had raised a greater jealousy of the Papists in the State and caused them to make the 23 El. cap. 1. And after Somervills Conspiracy to kill the Queen after Francis Throgmortons Conspiracy to depose the Queen by Foreign Force after a further design of the Pope the Spaniard and the Guises for invading England in order to destroy the Protestant Religion after Parry's Treason all which Conspiracies and Treasons extorted from the State the 27 Eliz. cap. 1. and 2. after Gilford Savage Babington and others design to kill the Queen and set up Mary Queen of Scots who was at the Bottom of this design her self and promised to reward the Actors in it for which she was Tryed Condemned and Executed after Staffords Conspiracy and Yorks Plot which Treasons occasioned the making the 29 Eliz. cap. 6. and after the Pope and the Spaniards design in 1588. to invade England and thereby destroy the Protestant Religion with its defender by a Force by them called the Invincible Armada and this begun and carryed on by English Priests and Lay-Papists after Heskets Plot to depose the Queen and set up the Lord Strange After Cullens Conspiracy to murther the Queen after Lopez his Conspiracy to poison the Queen for which the Spaniard was to pay 50000 Crowns which Treasons did as it were compel the State to make the 35 Eliz. cap. 2. for confining Papists with in five Miles of their dwelling I say after all these Plots Conspiracies Treasons and open Rebellions invented begun and carryed on by the Papists and all with so little Success and after their own Confession of the whole to be true and their own advice to turn over a new Leaf a man might reasonably suppose that they should have ceased any further Attempts by Treason Rebellion Plot or Conspiracy to introduce the Popish Religion into England But such is the inveterate Malice and implacable Hatred of the Pope and all that are of the Communion of the Church of Rome if I may call it a Church that even before the peaceable James the First of England and the Sixth of Scotland was placed upon the Throne by the unanimous consent of all the Protestant Subjects of England as appears by the Act of Recognition made in the first year of his Reign there were several Plots for the taking away his Life and in one Plot even Watson and Clark two secular Priests of the Romish Church the former whereof joyned with Bluet the Secular Priest in writing the Impotâ—nt considerations before mentioned wherein they acknowledge all the Plots Conspiracies Treasons and Rebellions before mentioned to have been committed by Papists but insinuate it to be done by the instigation of the Jesuits are found in a Plot against the said King James and Executed for it but before I mention any thing of that Plot I shall give a short Account of what designs were on foot against the said King James his Life before his accession to the Crown Queen Elizabeth being old and weak and as they thought The Papists plot against James the First before his coming to the Crown could not live long the Papists thought it needless to make any more attempts against her person least her death should anticipate their quickest Designs But she and the Kingdom having their Eye upon the said King James being a Protestant to succeed her their main drift was to prevent him if possible from succeeding Queen Elizabeth In order to this in the Year 1601. there was one Francis Mowbray Mowbray's Plot against King James the First Fowlis Hist. li. 10. cap. 1. f. 498. Son to the Laird Barnbowegal who had lived some while in the Infanta's Court at Brussels he they say
is the Center and perfection of all things For if they would leave and be ashamed of such new and gross Corruptions of theirs as themselves cannot maintain nor deny to be worthy of Reformation I would for my own part be content to meet them in the mid way so that all Novelties might be renounced on either side For as my Faith is the true Ancient and Apostolick Faith grounded upon the express word of God so will I ever yeild all reverence to Antiquity in the points of Ecclesiastical Policy And by that means shall I ever with Gods Grace keep my self from either being an Heretick in Faith or Shismatick in Matters of Policy But of one thing would I have the Papists of this Land to be admonished that they presume not so much upon my Lenity because I would be loath to be thought a Persecutor as thereupon to think it lawful for them daily to encrease their number and strength in this Kingdom whereby if not in my time at least in the time of my Posterity they may be in hope to erect their Religion again No As they were very lately let them assure themselves that as I am a Friend to their Persons if they be good Subjects so am I a vowed Enemy and do denounce Mortal War to their Errors And as I would be sorry to be driven by their ill Behaviour from the Protection and Conservation of their Bodies and Lives so I will never cease as far as I can Suffering the increase of Popery called by Jam. 1. a betraying England and Scotland to tread down their Errors and wrong Opinions For I could not permit the increase and growing of their Religion without betraying my self and my own Conscience and this whole Island as well the part I am come from as the part I remain in in betraying their Liberties and reducing them to the former slavish Yoke which both had cast off before I came among them as also the Liberty of the Crown in my Posterity which I should leave again under a new Slavery being left free to me by my Predecessors And therefore I would wish all good Subjects that are deceived with this Corruption if they find any beginnings in themselves of Knowledge and Love to the truth to foster the same by all lawful Means and to beware of quenching the Spirit that worketh within them And if they can find as yet no Motion tending that way to be studious to read and confer with Learned men and to use all such means as may further their resolutions assuring them that as long as they are disconformable in Religion to us they cannot be but half my Subjects be able to do but half service and I shall want the best half of them which is their Souls After which the Parliament considering the said Proclamation and Speech and that notwithstanding the Jesuites and Seminary Priests flockt over in great numbers into England made an Act of Parliament intituled 1 Jac. cap. 4. Rast Stat. 2. part f. 550. An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants c. By which it is Enacted THat all Statutes made against Iesuites Priests and Recusants should be put in due Execution but conforming himself should be discharged If the Heir of Papists be a Protestant An Act for puting the Laws against Papists in Execution and for punishing the Heirs of Papists he shall be discharged of all the Penalties Charges and Incumbrances happening upon Him or Her in respect or by reason of any of His or Her Ancestors Recusancy But if the Heir of a Papist shall happen to be within the Age of sixteen Years at the time of the Death of his Ancestor and shall after such Age be or become a Papist such Heir shall not be freed of the Penalty c. Unless He or She Conforms that the two parts of a Papists Lands shall go towards the satisfaction of the twenty pounds per Month forfeiture and after his Death shall remain in the Kings hands until the Arrears be satisfied that none shall send or cause to be sent any Person to any Colledge Seminary or house of Iesuites Priests or any other Papist Popish Order Professing or Calling whatsoever upon the Penalty of a hundred Pound forfeiture they that go or are sent are disabled to inherit purchase take have or enjoy any Estate whatever real or personal and all Estates or Terms conveyed to their Vse or in Trust for them are thereby made void and null That no Woman or Child under the Age of 21 Years shall go beyond Seas without License of the King or of six of the Privy Councel first had under their hands the Officer of the Port that suffers such to pass forfeits his Office and all his Goods and Chattels the Owner of the Ship his Ship and Tackle and the Master and Marriners their Goods and shall suffer twelve Months imprisonment without Bayl or Main prize Keeping School contrary to the Act forty Shillings forfeiture The Gunpowder-Treason in 1604. King James having by his Proclamation before the Parliament met and in his Speech at the opening of the Parliament thus freely declared against the Papists especially the Priests and Jesuites and the Parliament having made the said Law against them and they dispairing of any Tolleration in Matters of Religion which they had Petitioned for now to their old Work of Plotting again and a Plot they laid they did I say It was of that Nature that it is next to incredible that such a Complicated Villany should ever enter into the heart of Man quà Rational much more quà Christian but one would rather think it had been the product of a Consult in Hell amongst the Devils themselves and if degrees of wickedness can be allowed to be there amongst the worst of Devils too The Plot it self Foulis Hist l. 10. cap. 2. f. 507. Wilsons Hist f. 28. Bakers Chron. f. 507. The Actors in it The Plot was this with one blow to destroy King Queen Prince Nobles and Commons who were not Papists this is designed to be effected by blowing up the Parliament House when the King and Parliament were sitting and killing those of them who were not in the House The Persons concerned in this Plot were Robert Catesby the Contriver hereof Henry Garnet John Gerrard Oswald Tesmond and other Jesuites the Advisers thereto Thomas Piercy Robert Winter John Grant Ambrose Rookwood John Wright Francis Tresham Sir Everard Digby Guy Fauks Robert Keys Thomas Bates and others Assistants in carrying it on To carry on this Design when it was laid first an Oath of Secrecy was compiled and afterwards the Conspirators took the same and not only so but Garnet confest them and they afterwards received the Sacraments to bind them to the greater Secrecy the Oath was this You shall swear by the Blessed Trinity and by the Sacrament you now purpose to receive never to disclose directly or indirectly
they thought to have destroyed And yet so far hath both my Heart and Government been from any bitterness as almost never one of those sharp additions to the former Laws have ever yet been put in Execution And that ye may yet know further for the more convincing these Libellers of wilful Malice who impudently affirm that this Oath of Allegiance was devised for deceiving and intrapping of Papists in point of Conscience The truth is that the Lower-House of Parliament at the first framing of this Oath made it contain that the Pope had no Power to Excommunicateme which I caused them to reform only making it to conclude That no Excommunication of the Popes can warrant my Subjects to practice against my Person or State denying the deposition of Kings to be in the Popes lawful Power As indeed I take any such Temporal violence to be far without the Limits of such a spiritual Censure as Excommunication is So careful was I that nothing should be contained in this Oath except the profession of Natural Allegiance and Civil and Temporal obedience with a Promise to resist all contrary uncivil violence This Oath now grounded upon so great and just occasion set forth in so reasonable Terms and ordained only for making a true distinction between Papists of quiet dispotion and in all other things good Subjects and other Papists such as in their hearts maintained the like violent bloody Maxims that the Powder Traytor did * And here I can't but take notice that the very design of the Oath of Allegiance was to make a distinction between Papists of unquiet and turbulent and of quiet and peaceable Minds and had not in its original any influence upon the Protestants nor did at the time of making concern them and that after Protestants were enjoyned to take it the same was intended to no other purpose then to difference them from Papists and therefore the taking the new Oaths to their present Majesties cannot but be well consistent with the former Oath of Allegiance especially if it be considered that the late King is himself a Papist So that it is evident King James thought the said Plots Treasons Conspiracies and other unbecoming and undutiful words and practices was ground sufficient to make the said Law. And doubtless The Powder-Treason justifies the State in making another Act of Parliament the same Session Intitled An Act to prevent and avoid danger which may grow by Popish Recusants The preamble of which Act making it further to appear that the Powder-Treason was the occasion of making this Law I shall here insert the Preamble verbatim and then the substance of the Act. WHereas divers Iesuits 3 Jac. 1. ca. 5. Rast Stat. f. 597. Papists banished the Court and the City of London upon a pecuniary Mulct Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from their true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal obedience to his Majesty and have of late scretly perswaded divers Recusants and Papists and encouraged and embolâ—ned them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Common-wealth if God of his Goodness and Mercy had not within few hours before the intended time of the Execution thereof revealed and disclosed the same wherefore to discover and prevent such secret and damnable Conspiracies and Treasons as hereafter may be put in use by such evil disposed Persons if remedy be not therefore provided Then the Law provides That the discoverer of Iesuites or Priests or harbourers of them shall have the third Part of all that is recovered against them so as the same exceeds not One hundred and Fifty Pounds and Fifty Pounds only where it exceeds the sum of One hundred and Fifty Pounds No Papist shall come to Court upon the Penalty of a Hundred Pounds for every default Papists not to come into London nor ten Miles compass of the same upon forfeiture of One hundred Pounds Papists confined to their Houses or Places of above and not to remove above five Miles from thence Not to Travel without Licence how Licence to be obtain'd and no License to be given to enable them to the contrary but such as are prescribed by this Act His Majesty Three of the Privy-Council Four Iustices of the Peace with the Privity may License and assent of the Bishop Lieutenant or Deputy Lieutenant under Hand and Seal the cause of removing must be inserted in the Warant and Oath made of the truth of it Papists disabled from Practicing as Lawyers Common or Civil c. All Papists convict are disabled from practising as a Counsel Clark Attorney or Sollicitor Advocate or Proctor as Physician using the Trade of an Apothecary from being Iudge Minister Clark or Steward of or in any Court or keeping any Court or being Town Clark or other Minister or Officer in any Court from bearing any Office or Charge as Captain Lieutenant Corporal Serjeant Antient Bearer or other Officer in Camp Troop Band or Company of Souldiers from being Captain Master Governour or bearing any Office or Charge A Man having a Wife a Papist Convict is disabled from exercising any public Office or Charge Feme Covert Convict looses part of her Joynture c. of or in any Ship Castle or Fortress and forfeits one hundred pounds for every Offence besides the disability No Popish Recusant Convict nor any having a Wife being a Popish Recusant Convict shall exercise any public Office or Charge in the Common-wealth but are utterly disabled Feme Covert Convict looses two parts of her Ioynture and Dower is disableâ— from being Executrix or Administratrix to her Husband and to have any Part of his Goods or Chattels A Popish Recusant Convict is disabled as an Excommunicate Person But notwithstanding it he may sue for or concerning only such of his or her Lands c. or the issues thereof which are not to be seized or taken into the Kings Hands his Heirs or Successors by force of any Law for or concerning his or her Recusancy or any part thereof Every Man that is a Papist covict Marrying contrary to the Orders of the Church of England is disabled from being Tenant by the courtesie if any Lands c. of his Wives and if she hath no Lands forfeits a hundred Pounds a Woman Papist convict so marrying is disabled to Claim Dower Papists must Marry according to the usage of the Church of England Papists must Bapt. according to the usage of the Church of England Their Children must not be sent beyond Seas Papists shall not present to Livings Popish Books inhibited Papists to be disarmed Ioynture and Widows Estate and Franck Bank in customary Lands Papists must baptize their Children according to the Rites of the Church of England upon a hundred Pounds
the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and
Pretence of Charity or otherwise c. is disabled to sue to be Commitee of any Ward or Executor or Administrator is not capable of any Legacy or Deed of Gift or to bear any Office within the Realm forfeits all his Goods and Chattels forfeits his Lands and other real Estate for his Life In case of Conformity these Penalties are not to be incurred and in case the Lands have been seised they shall be restored And now I think I may appeal to the Reader himself whether there was not ground enough for the making this Law if there had been nothing more done in this Kings Reign then the Writing the Letter before mentioned which makes so full a Discovery of a Design they were driving on of subverting our Religion and introducing their own And if it be considered that there is no Penalty annexed to this Law that relates to the Loss of Life Member or Liberty it cannot be thought severe after such continued and restless Endeavors of that Party for our Destruction and bringing us back to our former Bondage under a foreign Yoke And let the Share they had in blowing up the Differences between King Charles I. and his Parliaments which at last ended in the late unnatural Civil War and in a Temporary Destruction of our Monarchy be considered that after Charles the First was beheaded Charles The Second they attempted the Perverting of his Sons when in Exile to the Idolatry and Superstition of the Romish Church And that they at last prevailed effectually with one at least to go over to their Communion and that it was known to the Parliament in the twenty fifth Year of the Reign of Charles the Second that he was so reconciled Let I say these things be considered and it cannot be thought hard that that Law passed the Parliament the Substance of which I have here inserted It is intitled An Act for preventing Dangers which may happen from Popish Recusants WHereby for preventing Dangers which might happen from Popish Recusants 25. Ca. 2. ca. 2. Papists made uncapable of any Place or Office of Profit or Trust in the Kingdom and quieting the Minds of His Majesties good Subjects it was enacted That all and every Person and Persons as well Peers as Commoners that should bear any Offices or Places of Trust or that received any Sallery from His Majesty or any his Predecessors or were in the Service or Employment of his Highness the Duke of Yoâ—k being within the City of London or thirty Miles distant from the same should take the Oaths of Allegiance and Supremacy in the Court of Chancery or Kings-Bench before the end of Trinity Term then next following or at the Quarter Sessions for the Place where they should reside and should likewise receive the Sacrament according to the Vsage of the Church of England at or before the first Day of August 1673. that all Persons who should be admitted into any Office or Place as aforesaid after the first Day of Easter Term to take the said Oaths either in the said Courts or in the Quarter Session for the County where he or they should reside and receive the Sacrament within three months after their Admittance to such Office c. And should deliver a Certificate into the Court where he takes the said Oaths of the receiving the Sacrament That whosoever should refuse to take the said Oaths should be adjudged incapable of any other Office and if after his Refusal he shall exercise any Office he shall not prosecute any Suit in Law Equity or be Guardian to any Child or Executor or Administrator of any Person or be capable of any Deed or Gift or to bear any Office and shall forfeit five hundred Pounds to whomsoever will sue for the same in any of His Majesties Courts where no Protection or Wager of Law should lye That the Names of all such Persons as should take the said Oaths be in the Courts of Chancery and Kings-Bench and Quarter Sessions inrolled with the Time of taking the same in Rolls for that purpose and that none should pay above the Sum of twelve Pence to any Officer for their Entry of the taking the said Oaths That no Person not bred up in the Popish Religion by his Parents should breed up or suffer his Children to be bred up in the Popish Religion under Penalty of being disabled from bearing any Office or Places of Trust and all such Children so brought up and educated shall be disabled from bearing any such Offâ—ces until they be reconciled to the Church of England take the Oaths of Supremacy and Allegiance and receive the Sacrament And that all Persons taking the said Oaths shall at the taking the same subscribe the Declaration following I A. B. do declare that I do believe that there is no Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Person whatsoever And of this Subscription a Register to be kept as of taking the Oaths this Act not to extend to prejudice the Peerage of the Realm or take away Creation or Bills of Impost or any Salary for Life or Years granted for sufficient Consideration nor to make void any Estates of Inheritance not being Offices or to make void any Pension granted to any Person instrumental in preserving the King at Worcester that all Persons refusing to take the Oaths having Offices of Inheritance must appoint Deputies to take the said Oaths and subscribe the said Declaration that all Peers may take the Oath in Parliament if the Parliament be sitting within the time for doing thereof No married Woman or Person under the Age of eighteen Years or being beyond the Seas or found to be Non Compos Mentis shall by Vertue of this Act lose or forfeit his or her Office other then such married Women during the Life of her Husband only for any Neglect of taking the Oaths so as the respective Persons within four Months after the Death of the Husband coming to the Age of eighteen Years returning into this Kingdom and becoming of sound Mind shall take the said Oaths in manner as is thereby appointed provided that any Person who by his or her Neglect or Refusal according to this Act should lose or forfeit any Office might be capable by a new Grant of the said Office or of any other and to have and hold the same again such Person taking the said Oaths and doing all other things required by this Act so as such Office be not granted to and actually enjoyed by some other Person at the time of the re-granting thereof This Act not to extend to Commission Officers in the Navy if they subscribe the Declaration This Act not to extend to prejudice the Earl of Bristol and his Lady in the Pensions granted to them Likewise not to extend to Constables Tything-men Church-Wardens or other like private inferior Officers Before this Act of Parliament was