Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n according_a law_n parliament_n 2,488 5 6.5410 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A28290 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 [sic] 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 ... Blackerby, Samuel, d. 1714. 1689 (1689) Wing B3069; ESTC R18715 230,149 164

There are 19 snippets containing the selected quad. | View lemmatised text

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
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
submit themselves to the Romish Bishops and Prelates and the Histories of those times acquaint us that they were the Professors of the true Religion afterwards called Protestants By Colour of this supposed Act certain persons that held that Images were not to be worshipped Co. Inst 3 d. fol. 40. and such like Doctrines which the Protestants now hold were detained and tormented in Prison till they were compelled before the Masters of Divinity as they called themselves to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God. This these Popish Bishops and Prelates did by vertue of this Law which indeed was none for it was onely signed by the King at the instance of the Bishops and Prelates and never assented to by the Commons and therefore in the next Parliament the Commons preferred a Bill reciting the said supposed Act and constantly affirmed that they never assented thereunto and therefore desired that the same might be made void for they protested that it was never their intent to be justified and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past whereto the King gave his Royal Assent in these words y pleist au Roy. But in the Proclamation of the Acts of that Parliament Co. 12.58 and 3. Inst f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. ca. 5. was continually printed and looked on as a Good Law and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print Such pious Frauds have been always practised by the Popish Clergy and always found necessary for the supporting of the credit of that Church CHAP. II. Hen. IV. THe Rage of the Popish Clergy against the Wicklivites or Professors of the true Religion increasing with the increase of the light of the Gospel and they fearing that the said contrivance might be detected to the end that they might be yet more able effectually if it were possible to suppress the truth when they had requited R. 2. for granting them that supposed Law with deposing him and assisting H. 4. to usurp the Crown they in the 2 d. H. 4. apply themselves to him for a further Law for the preservation of the Catholick Faith as they called it against Christ's true Religion by them miscalled Heresie and he in gratitude to them in assisting him in his coming to the Crown granted them a Law to their Hearts content which follows as it is printed in Rastal 's Statutes in these words Whereas it is shewed to our Soveraign Lord the King on the behalf of the Prelates and Clergy of this Realm of England in this present Parliament 2 H. 4. ca. 15. Rast Stat. f. 180. By this Law the Professors of the true Religion were to be burnt as Hereticks that although the Catholick Faith builded upon Christ and by his Apostles and the holy Church sufficiently determined declared and approved hath been hitherto by good and holy and most noble Progenitors of our Soveraign Lord the King in the said Realm amongst all the Realms of the World most devoutly observed and the Church of England by his said most noble Progenitors and Ancestors to the honour of God and of the whole Realm aforesaid laudably endowed and in her Rights and Liberties sustained without that that the same Faith or the said Church was hurt or grievously oppressed or else perturbed by any perverse Doctrine or Wicked Heretical or Erronious Opinions Yet nevertheless divers false and perverse people of a certain new Sect of the Faith of the Sacraments of the Church and the Authority of the same damnably thinking and against the Law of God and of the Church usurping the Office of Preaching do perversly and malitiously in divers places within the said Realm under the colour of dissembled Holiness preach and teach these dayes openly and privily divers new Doctrines and wicked heretical and eronious Opinions contrary to the same Faith and blessed determinations of the Holy Church And of such Sect and wicked Doctrine and Opinions they make unlawful Conventicles and Confederacies they hold and exercise Schools they make and write Books they do wickedly instruct and informe people and as much as they may excite and stir them to Sedition and Insurrection and maketh great strife and division among the people and other Enormities horribly to be heard daily do perpetrate and commit in subversion of the said Catholick Faith and Doctrine of the Holy Church in diminution of God's Honour and also in destruction of the Estates Rights and Liberties of the said Church of England by which Sect and wicked and false Preachings Doctrines and Opinions of the said false and perverse people not only most greatest peril of the Souls but also many other harts flanders and perils which God prohibit might come to this Realm unless it be the more plentifully and speedily holpen by the King's Majesty in this behalf namely whereas the Diocesans of the said Realm cannot by their Iurisdiction Spiritual without aid of the said Royal Majesty sufficiently correct the said false and perverse people nor refrain their malice because the said false and perverse people do go from Diocess to Diocess and will not appear before the said Diocesans but the same Diocesans and their Iurisdiction Spiritual and the Keys of the Church with the Censures of the same do utterly contemn and despise and so their wicked Preachings and Doctrines doth from day to day continue and exercise to the hatred of Right and Reason and utter destruction of Order and good Rule Vpon which Novelties and Excesses above rehersed the Prelates and Clergy aforesaid and also the Commons of the said Realm being in the said Parliament praying our Soveraign Lord the King that his Royal Highness would vouchsafe in the said Parliament to provide a convenient Remedy The same our Soveraign Lord the King gratiously considering the premises and also the laudable steps of his said most noble Progenitors and Ancestors for the conservation of the said Catholick Faith and sustentation of God's Honour and also the safeguard of the Estates Rights and Liberties of the said Church of England to the laud of God and merit of our said Soveraign Lord the King and prosperity and honour of all the said Realm and for the eschewing of such Dissentions divisions hurts slanders and perils in time to come and that this wicked Sect preachings doctrines and Opinions should from henceforth cease and be utterly destroyed by the assent of the States and other discreet men of the Realm being in the said Parliament hath Granted Established and Ordained from henceforth and firmly to be observed That none within the said Realm or any other Dominions subject to his Royal Majesty presume to preach openly
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 li●●● the Crown and bind the Succession Treason during the ●ucc●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
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 E●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 ●ean trying the Bishops for being guilty of a Misdemeanor i● 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 ann●●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 Off●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 Fa●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
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
other offences whatsoever abovesaid In the Act abovesaid as afore is said mentioned and all circumstances of the same and of every of them and thereupon according to the Tenour of the Act aforesaid to give Sentence or Judgment as upon good proof the Matter shall appear unto you And therefore we command you that you do at such certain days and places which you or the greater part of you shall for that purpose set and agree upon diligently proceed upon the premises in form aforesaid c. Mary Queen of Scots Tryed Camb. Annals f. 361. The Commissioners met at Fotheringay Castle the 11 th of October 1586. and Tryed Mary Queen of Scots the substance of the Tryal you may see in Cambdens Annals from Pag. 344 to 361. as he took the same out of the Commentaries and Memorials of Edward Barker principlal Register to the Queen Thomas Wheeler publick Notary Register of the Audience of Canturbury and other persons of Credit which were there present On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster to which place they had adjourned except the Earls of Shrewsbury and Warwick which were both of them sick at that time Sentence was pronounced which Sentence was this The Sentence By their unanimous assents and consents they do pronounce and deliver this their Sentence and Judgment at the day and place last above mentioned and say that since the conclusion of the aforesaid Session of Parliament in the Commission aforesaid specified namely since the first day of June in the 27 th Year aforesaid and before the date of the said Commission divers Marters have been compassed and imagined within this Realm of England by Anthony Babington and others with the Privity of the said Mary pretending a Title to the Crown of this Realm of England tending to the hurt death and destruction of the Royal Person of our said Lady the Queen And also that since the aforesaid first day of June in the 27 th Year aforesaid and before the date of the Commission aforesaid the aforesaid Mary pretending a Title to the Crown of this Realm of England hath compassed and imagined within this Realm of England divers Matters tending to the hurt death and destruction of the Royal Person of our Soveraign Lady the Queen contrary to the form of the Statute in the Commission aforesaid specified The Parliament 29. Eliz. Cap. 1. Rast Stat. 2. Part. f. 334. The twenty ninth of October following the Parliament met and the first Act they made was an Act for the confirmation of the Proscription of Thomas late Lord Paget Charles Paget Francis Englefeild Francis Throckmorton William Shelley Anthony Babington Thomas Salisbury Edward Jones Edward Abbington Charles Tilney Chidiock Tichbourn Robert Barnwell John Charnock and John Travers The Preamble of which Act of Parliament strengthening the Credit of the former History I have here incerted An Act of Parliament for proscribing Babington and the Rest In most humble wise beseecheth your Royal Majesty the Lords Spiritual and Temporal and all other your most Loving and Obedient Subjects the Commons of this your most High Court of Parliament Assembled That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of ●●ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes have most falsely and Treacherously committed perpetrated and done many unnatural detestable and abominable Treasons to the most fearful peril and danger of the destruction of your most Royal Person and to the utter loss disherison and destruction of this your Highnesses Realm of England if God of his infinite goodness had not in due time revealed and given knowledge to your Highness of their Trayterous intent of and for the which said Treasons being manifestly and plainly proved the said Traytors and Offenders before named have been lawfully indicted and some of them have been and are lawfully and by due process Out-Lawed and thereby justly attainted and some other by Tryal of the Country and their own confessions and judgment thereupon given lawfully and justly convicted and attainted according to the Laws of this your Realm as by the Records of their several attainders more plainly it doth and may appear and for the which several Offences some of the same Offenders have suffered pains of Death according to their demerits And then the Parliament Confirms their attainder and confiscates their Lands and Tenements Goods and Chattels The next thing this Parliament did was by their Votes to approve The Tryal and Condemnation of Mary Queen of Scots approved and Her Execution desired by the Parliament and their Reasons for it D' Ewes Journal 392 393 395 400 401 405 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots and desired it might be published the Reasons whereof were delivered in divers Speeches made in the House of Commons upon this occasion and which are to be seen in Sir Simon D' Ewes his Journal at large They were drawn from the dangers that threatned Religion the Queens Person and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Religion and sworn a confederate in the Holy League for the extirpation of the Protestant Religion had now for a long time Arrogated unto her self the Title of Queen of England while the Queen lived whom as being excommunicate she held it lawful to do mischief to as far as lay in her Power and to take away her life a thing meritorious One who had over-thrown and ruined sundry flourishing Families in the Kingdom and cherished all the Treasonable designs and Rebellions in England to spare her therefore were nothing else but to spoil the People who would take impunity in this Case much to heart and would not think themselves discharged of their Oath of Association unless she were punished according to her deserts and lastly they called to her remembrance how fearful the examples of Gods vengeance were upon King Saul for sparing Agag and upon King Ahab for sparing the Life of Benhaddad These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen and by her answer it appears what a great straight she was in D' Ewes Journal f. 400. Queen Eliz. in a great
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
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
continue your daily Plotting of so Tragical Stratagems against Recusants It is ordered that none of these Five knoweth who the other Four be for the better preventing the discovery of the rest if so any one by attempting and not performing should be apprehended It is also already agreed who shall first attempt it by shot and so who in order shall follow In accomplishing of it there is expected no other than assurance of Death yet it will willingly be embraced for the preventing of those general Calamities which by this your transcendent Authority and Grace with His Majesty are threatned unto us And indeed the difficulties herein are more easily to be digested since Two of the intended attempters are in that weak estate of Body that they cannot live above three or four Months The other Three are so distressed in themselves and their Friends as that their present griefs for being only Recusants do much dull all aprehensions of Death None is to be blamed in the true censuring of Matters for the undertaking hereof Nor are they to be blamed for it for we protest before God we have no other means left us in the World since it is manifest that you serve but as a Match to give Fire unto his Majesty to whom the worst that we wish is that he may be as great a Saint in Heaven as he is King on Earth for intending all mischiefs against the poor distressed Catholics Thus giving your Lordship this charitable admonition the which may perhaps be necessary hereafter for some others your inferiours at least in grace and favour if so they run on in their former inhumane and unchristian rage against us I cease putting you in mind For 't is true and Spiritual Resolution that where once True and Spiritual Resolution is there notwithstanding all dangers whatsoever the weak may take sufficient revenge of the great Your Lordships well admonishing Friends c. A. B. C. c. It may be your Lordship will take this but as some forged Letter of some Puritans thereby to incense you more against Recusants But we protest upon our Salvation it is not so Neither can any thing in humane likelihood prevent the effecting thereof but the change of your Course towards Recusants This Letter at the beginning affords fair seeming to detest the Gun-Powder-Plot as Watson did the Popish Treasons in Queen Elizabeths time and was hanged for Treason in the beginning of the Reign of King James but little credit is to be given to what they say if it be considered that the very design of it is to apoligize for Murther and that they therein assert that although they Murther Privy Counsellors yet the Murtherers may be good men nor are they to be blamed for it for it is a true and spiritual resolution What influence this Letter had the sequel will evince for the said Oath was immediately confirmed by Act of Parliament and the Papists injoyned to take it in the Circumstances and upon the Penalties in the Act for that purpose mentioned the sum and substance of which Act followeth it is Intitled An Act for the better discovering and repressing of Popish Recusants The Preamble of the Act runs thus 3. Jac. 1. c. 4. Rast Stat. f. 591. Papists must receive the Sacrament and take the Oath of Allegiance c. upon pecuniary mulcts if neglected FOrasmuch as it is found by daily Experience that many His Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Divelish Councel of Iesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance to the Kings Majesty and the Crown of England as they are ready to entertain and Execute any Treasonable Conspiracies and Practices as evidently appears by that more then barbarous and horrible Attempt to have blown up with Gun-powder the King Queen Prince Lords and Commons in the House of Parliament Assembled tending to the utter Subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in Advancement of their Religion by their Schollars Taught and Instructed by them to that purpose which Attempt by the only goodness of Almighty God was discovered and defeated And where divers Persons Popishly affected do nevertheless the better to cover and hide their false Hearts and with the more safety to attend the opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penalty of the Laws in that behalf provided Then for the better discovery of such Persons and their Evil affections to the Kings Majesty and to the State of the Realm to the end that being known their Evil Purposes might be the better prevented It was enacted that every Papist that Conforms shall Yearly receive the Sacrament upon twenty pounds Forfeiture upon the first Years neglect forty pounds the second sixty pounds the third and so forwards sixty pounds Yearly until he or she shall have received it That Papists their Children of Nine Years and Servants shall be once a Year presented at the general or Quarter Sessions Which presentments are to be recorded at the Sessions That the Iustices of Assize and Goal Delivery and Iustices of Peace shall hear and determine the Offence That Proclamation shall be made at the Assizes or Sessions for the Offender to render his body to the Sheriff Bayliff or Keeper of the Goal of the Liberty before the next Assizes or Sessions c. And if the Offender doth not he stands Convicted and forfeits twenty pounds a Month for every Month contained in the Indictment whereon he his Convicted That every Conviction shall be certified into the Exchequer that the King may refuse twenty pounds a Month and take two parts of the Papists Lands save their Mansion House That the Kings two parts shall not be Leased to Papists Noblemen and Noblewomen are excepted That the Oath of Allegiance shall be tendred to all Persons of the Age of Eighteen Years or above Convicted or Indicted for Recusancy for not going to Church for not receiving the Sacrament or that pass through any Country Shire or Liberty and unknown Who refuse taking this Oath incur a Premunire except Women covert who are to be Committed to the Common Goal without Bail or Mainprize till they take the Oath No Indictment or other Proceedings against the Papists shall be discharged or reversed for default of Form but Conformity discharges all Proceedings whatever Felony in any that go beyond Seas to serve any Forreign Prince c. or being there shall voluntarily serve such Prince not first having taken the Oath Felony in any Gentleman or Person of higher Degrée or any that is or hath born Office in Camp Army or Company of Souldiers to go beyond the Seas voluntarily to serve a Foreign Prince or shall voluntarily serve any Prince unless he first enters into Bond
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 embol●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 disable● 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
afterwards another Treaty was set on foot for Prince Henry with a Daughter of Spain What Religion the Spaniard was of is well known and what effect the Crown of England Matching into Popish Families abroad hath had is more to be lamented then remembred any other ways then to avoid the like mischiefs for the future In the 12 th Year of his Reign there were a generation about the Court Camb. f. 77. A Parliament called and dissolved because they complained of grievances and particularly of the increase of Papists that undertook for the calling such a Parliament as the King would have these were Men that presumed they had friends in every County and Borough who by their power among the People could make Election of such Men for Knights and Burgesses as should comply solely with the Kings desire and Somerset was the head and chief of these undertakers but these projects against the Fundamentals of the English Government proved an abortive for the Parliament meeting such Faces appeared there as was no ways pleasing to the Court who instead of contributing to the Kings wants lay open his wasts especially upon the Scots with whom they desire a share of Favour The Bread by our Saviour's Rule properly belongs to the Children of the Kingdom and they beseech his Majesty to stop the Current of future access of that Nation to make residence here having enough to eat up their own Crums they enquire into the Causes of the unexpected increase of Popish Recusants since the Gunpowder Plot the detestation whereof they thought should have utterly extinguished them and they attribute it to the admission of Popish Nobility into his Councels the silencing of many watchful and dilligent Ministers the divers Treaties his Majesty had entertained not only for the Marriage of Prince Henry but for Prince Charles with the Daughters of Popish Princes which disheartned the Protestant and encouraged the Papist they laid open with these many other miscarriages in Government the King desirous to conceal these Matters dissolves the Parliament and Committed to the Tower and other Prisons such as were most active for the common good and who can deny but that this must needs give encouragement to the Papists In the 15 th Year of his Reign he put out a Book to Tollerate Sports on the Lords Days this Book came out with a Command injoyning all Ministers to read it to their Parishoners and to approve of it A Book of Sports obtruded and those that did not were brought before the High Commission Imprisoned and Suspended This was a contrivance of the Papists and their adherents to trap the most Conscientious Men of the Church of England who were in all other matters exactly conformable and to lay them aside and good reason the Papists had for this because no Nation will ever receive their innovations in Matters of Religion where there is a Sound Orthodox Learned and Pious Clergy Wilsons Hist. f. 105. Wilson says that some of the Ministers that were Suspended said that they would Preach the Gospel in a Fools Coat rather then be silent for a Surplis and the Conjuring of them with the Cross in Baptism and the Circle of the Ring in Marriage could not make a well composed Reason and a sound Conscience then start at it But when so frighful an Aparition as the Dancing Book appeared some of the Ministers left all for fear others by force they were so terrified by it This I have set down in Willsons own words because it appears by this that the Men that were suspended were proceeded against not for Puritanism or Nonconformity to the discipline of the Church of England but for non-complying with things obtruded on them by right down Papists or those who whether they saw it or no I cannot tell were carrying on the Popish designs The King having all along had a design of Matching his Son Rushw Col. 1. part f. 11. either to Spain or France it is no wonder that the Priests and Jesuits swarm here and much less a wonder that they endeavour to promote their own Religion for if they will do it when the Edge of Justice is sharpned against them much more when he that should make use of the Sword is so merciful that let them do what they will he will not or so fearful he dares not strike As Prophanness by reason of the Book of Sports crept in by their means so did Idolotry and Superstition for their was now more enmity against Ministers of the Gospel then Popish Priests and no wonder for let a Peoples Morals be once throughly debauched and 't will not be very difficult to make them outwardly of what Religion you will. The Jesuits Jugling with the Boy of Bilson Wilsons Hist. f. 107. The Popish Priests and Jesuits having now more liberty then they had had for above fifty Years resolve to make much of their time and because they cannot much boast of real holiness pretended Miracles must recommend them to the People for this purpose the Boy of Bilson was set up by them as he himself afterwards confest to Act the part of one possest with a Divel and they were to come and disposes him that so it might appear how much Gods Power was exprest in their weakness and to difference the truth and holiness betwixt the Catholic Religion and the Heresie profest among Protestants such Godly cheats are they always making use of to deceive the Hearts of the simple This Boy Bishop Morton discovered to be an imposture and when he had made the discovery and the Boy found he was detected he confest the whole Matter to be thus That he was inticed to one Mr. Giffords House in Stafford-shire where there were four Romish Priests who gave him Mony and many fair words promising him great matters if he would be conformable to their instructions In three days time they had taught him to practice his tricks so well that they ventured him home to his Fathers to exercise them publickly He came home in a very distracted manner to his Parents amazement and in a short time the thing was noised and a great deal of Company coming to see him his Parents got Money by it which was an incouragement to him to persist so that when the Priests came to disposes him he would not be disposest but went on and as they had instructed him accused a poor Old Woman of Witchcraft for which she was Tryed and Condemned and had been Executed had it not been for Bishop Morton detecting this imposture The whole story you may read at large in Wilson from f. 106. to 111. Wilsons Hist. f. 130. Henry Earl of Northumberland who was Sentenced in the Star-Chamber Thirty Thousand Pounds and Imprisoned in the Tower for harbouring in his House the aforenamed Thomas Piercy his Kinsman who was one of the Plotters of the Gunpowder-Treason was in the Seaventeenth Year of this Kings Reign set at liberty The
Doctrine to their own Sex in England i. e. to Alienate their Hearts from their Soveraign if he be not of their Religion or will not at least connive at it to engage them in Plots Conspiracies and Treasons for the destroying Heretical i. e. Protestant Kings and Heresie that is Protestantism that they do or should defend This project took so as any thing doth that tends to promoting Mother Church that in a short time this Mrs. Ward by the Popes indulgence who will indulge any thing that tends to destroy what he calls Heresie became the Mother General of no less then two Hundred English Damsels of good Birth and Quallity whom she sent abroad to Preach This Story and many other Jesuitical exploits are more particularly related in Wadsworths Spanish Pilgrim to which I refer the Reader The Parliament meet Wilsons Hist f. 193. Rushw Coll. 1 pt f. 23. On the 30 th of January 1620. the Parliament met according to the Summons and notwithstanding the King 's smooth Speech to them they petitioned him for the due Execution of the Laws against Jesuits Seminary Priests and Papists which evidences that there was either none or at least a very slender Execution of those Laws They rip up Grievances They rip up many Grievances that the People had groaned under during the Intervals of Parliament by Monopoly Patents and otherwise punished the great Managers of them with exemplary Punishments and to make the Redress of these Grievances pass the more easily with the King they gave him two Subsidies which was very acceptable to him The Parliament adjourned without taking care of the Palatinate or Protestant Religion Rushw Coll. 1 pt f. 35. Wilsons Hist f. 164. He having got this Supply when the Parliament had sate about four Months he sent them word by the Lord Treasurer that he would have them adjourn as being more expedient than a Prorogation that he had redressed Corruption in Courts of Justice by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver Thread and cherished the Bill against Informers and Monopolies but not a word of Care taken to recover the Palatinate or putting the Laws in execution against the Papists The Commons take it amiss which the King resents and on the fourth of June 1621. in the ninteenth Year of his Reign Wilson saith till February he declared for an Adjournment till November following and that he will in the mean time of his own Authority redress Grievances The House of Commons immediately before this Recess taking to heart the Miseries of the Palatinate and knowing how much the Protestant Religion was concerned in it resolved that the drawing back in so good a Cause should not be charged on their Slackness and therefore made the Declaration following with an universal Consent The Commons Declaration touching the Palatinate Rushw Coll. 1 pt f. 36. Wilsons Hist f. 164. THE Commons assembled in Parliament taking into most serious Consideration the present State of the Kings Children abroad and general afflicted Estate of the true Professors of the same Christian Religion professed by the Church of England in foreign Parts and being touched with a true Sense and Fellow-feeling of their Distresses as Members of the same Body do with unanimous Consent in the Name of themselves and the whole Body of the Kingdom whom they represent declare unto His most Excellent Majesty and to the whole World their hearty Grief and Sorrow for the same and do not only joyn with them in their humble and devout Prayers to Almighty God to protect his true Church and to avert the Dangers now threatned but also with one Heart and Voice do solemnly protest That if His Majesties pious Endeavours by Treaty to procure their Peace and Safety shall not take that good Effect which is desired in Treaty wherefore they humbly beseech His Majesty not to suffer any longer Delay that then upon Signification of His Majesties Pleasure in Parliament they shall be ready to the utmost of their Powers both with their Lives and Fortunes to assist him so as that by the Divine Help of Almighty God which is never wanting unto those who in his Fear shall undertake the Defence of his own Cause he may be able to do that with his Sword which by a peaceable Course shall not be effected Soon after this the King was plyed from Spain and Rome The King plied for Favour to Papists to enlarge his Favours to Popish Recusants and it could not be otherwise expected so long as there was any thoughts of so near an Alliance between Spain and England The Parliament met again the twentieth of November The Parliament meet and because the House of Commons found that though the King declared for War he pursued Peace and resolved to close with Spain They resolved to try the Kings Spirit by the following Petition and Remonstrance wherein they laid open the Distempers of those Times with their Causes and Cures The Causes they told him were these The Vigilance and Ambition of the Pope A Remonstrance by the Parliament against Popery Wilson f. 167. Rushw Coll. 1 pt f. 40. and his Son the Spanish Prince The Devilish Doctrines of the Romish Church The distressed Estate of the Protestants abroad The disasterous Accidents to his a The Count Palatines Family Children abroad The strange Confederacy of the Popish Princes to subvert the Protestant Religion here The great Armies raised by the Spaniard The Papists Expectations of the Spanish Match Foreign Princes interposing for Favour to Papists here The Papists open Resort to Foreign Ambassadors Their Concourse to London and their Conventicles there The Education of their Children in Seminaries The Grants of their Forfeitures to Persons who take little or nothing of them The printing Popish Books The Swarms of Priests and Jesuits The common Incendiaries of all Christendom disperst in all parts of the Kingdom The growing Mischiefs to Church and State they told him were these The Popish Religion is incompatable with ours and draws with it an unavoidable Dependance on Foreign Princes It opens a wide Gap for Popularity to any who shall draw too great a Party b We have lately seen the Truth of this verified when the Papists from Connivance actually got a Toleration and that with an Equality and had got the Superiority and subverted our Religion had not God in his Providence interposed it hath a restless Spirit and will strive by these Gradations If it get but a Connivance it will press for a Toleration if that should be obtained they must have an Equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies proposed were That the King would take his Sword into his Hand that he would therewith assist the Protestants abroad not to rest upon a War in these Parts only but give a Diversion otherwise That this War
and to employ the Power he left him to restablish him in the Estate and Dignitys of his Father on the 27th of March in the Twenty third Year of his Reign he gave up the Ghost From what Account I have given of Matters relating to the making the Penal Laws and the Reasons of not putting them in Execution in this Kings Reign I gather these things 1. That there is no heed to be taken to any promises made Advice given nor Oaths taken by Papists for if the Interest of the Popish Religion Intervenes the Promises Advice yea even the Oaths themselves must give way and 't is Meritorious too 2. That when it is to serve the Popish Interest they are allowed to deny the plainest truths although confest by Men in Articulo Mortis at the very point of Death 3. That whenever they are detected of any Conspiracy or Treason they immediately set their Wits to work to throw the odium of it upon some sort of Protestants or other nay sometimes they make it an essential part of the Conspiracy it self 4. That when they found themselves lost as to more private Conspiracies they involved Christendom in War to destroy the Protestant Interest upon the Colour of the Elector Palatines having Usurped the Crown of Bohemia notwithstanding he was legally Elected and made use of the Cowardise of King James to carry on that Design 5. That they want not Arts to deceive even Protestants themselves if they look not narrowly to them so much can they transform themselves into the likeness of Truth 6. That the loss of the Palatinate the differences between King James the first and his Parliaments the Spanish Treaty and at last the compleating the French Match were all carried on by Popish Intregues and to serve the Popes turn Certainly then there was good reason for the making the Penal Laws in this Kings Reign and the Parliament are greatly justified in pressing an Execution of them which had it been granted a Man may with good reason believe all the Civil Wars in the succeeding Reign had been prevented And this might lead me to show the share the Popish Party had in the beginning managing and carrying on that unhappy and ever to be lamented War but my design being only to show the reasonableness of making the Penal Laws against the Papists and there being but one Law made against them in this unfortunate Princes Reign I shall only give the grounds of making that Law and pass on to the Reign of his Son King Charles the Second CHAP. IX K. Ch. I. King Charles 1. His Accession to the Crown Bakers Chron. f. 451. Rushw Coll. 1 Pt. f. 165 167 170. KIng James the First being dead King Charles the First was immdiately Proclaimed he buried his Father the 7th of May 1625. The 13th of June in the same Year the Match between him and the French Kings daughter was consummated here in England A Chappel at Sommerset House was built for the Queen and her Family with conveniences thereunto adjoyning for Capuchin Fryers who were therein placed and had permission to walk abroad in their Religious Habits Thence forwards greater multitudes of Seminary Priests and Jesuites repaired into England out of foreign Parts then before The Parliament meet The 18th day of June the Parliament opened they after the usual Proceedings at the first sitting down Petitioned the King concerning Religion and against Papists he by his Answer gave them assurance of his real performance of what they desired in every particular Papists Pardon'd contrary to promise Rushw Coll. 1 Pt. f. 280. But notwithstanding this soon after his Majesty granted a Pardon to one Alexander Baker a Jesuite and unto ten other Papists which was gotten as there was information given by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees. And divers Copys of Letters and other Papers found by two Justices of Peace in the House of one Mary Estmonds in Dorsetshire were stifled by the Secretarys means The Commons upon these passages made observations First that the Pardon was dated the very next day after his Answer to their Petition Secondly That the Pardon dispensed with several Laws as 21. and 27. Eliz. and 3. Jac. provided to keep the Subjects in due obedience Thirdly That the Pardon was signed by the Principal Secretary of State. The Commons therefore declared that these actings tended to the prejudice of true Religion his Majesties dishonour the discountenancing of Ministers of Justice the grief of the good People the animating of the Popish Party who by such Examples grew more proud and insolent and to the discouragement of the High Court of Parliament The Petition concerning Religion and the Kings Answer take as they are printed in Rushworths Collection First Part f. 281. To the King 's Most Excellent Majesty Most Gracious Sovereign IT being infallibly true that nothing can more establish the Throne and assure the Peace and Prosperity of the People then the unity and sincerity of Religion we your most humble and Loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled and hold themselves bound in Conscience and Duty to represent the same to your Sacred Majesty together with the dangerous consequences of the increase of Popery in this Land and what we conceive to be the principal cause thereof and what may be the Remedies The Dangers appear in these Particulars 1. In their desperate ends being both the Subversion of the Church and State and the restlessness of their Spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good Service 2. Their evident and strict dependency upon such Foreign Princes as no way affect the good of your Majesty and this State. 3. The opening a way of popularity to the Ambition of any who shall adventure to make himself head of so great a Party The Principal Cause of the increase of Papists 1. The want of the due Execution of the Laws against Jesuits Seminary Priests and Popish Recusants occasioned partly by the Connivency of the State partly by defects in the Laws themselves and partly by the manifold abuse of Officers 2. The interposing of Foreign Princes by their Ambassadors and Agents in favour of them 3. Their great Concourse to the City and frequent Conferences and Conventicles there 4. The open and usual resort to the House and Chappels of Foreign Ambassadors 5. the Education of their Children in Seminaries and Houses of their Religion in Foreign Parts which of late hath been greatly multiplied and enlarged for the entertaining of the English 6. That in some places of your Realm your People be not sufficiently Instructed in the Knowledge of the true Religion 7. The Licentious Printing and Dispersing of Popish and Seditious Books 8. The Employment of Men ill affected in Religion in
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 Yo●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 Off●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
but confidently appealed to Time and Success to prove who took their Measures rightest When it happened what I foresaw came to pass the good Father was a little surprised to see all the great Men mistaken and a little one in the Right and was pleased by Sir William Throckmorton to desire the Continuance of my Correspondence which I was mighty willing to comply with knowing the Interest of our King and in a more particular manner of my more immediate Master the * * James the Second Duke and his most Christian Majesty to be so inseparably united that it was impossible to divide them without destroying them all Upon this I shewed that our Parliament in the Circumstances it was managed by the timerous Councels of our Ministers who then governed would never be useful either to England France or Catholic Religion but that we should as certainly be forced from our Neutrality at their next Meeting as we had been from our active Alliance with France the last Year That a Peace in the Circumstances we were in was much more to be desired than the Continuance of the War and that the Dissolution of our Parliament would certainly procure a Peace For that the Confederates did more depend upon the Power they had in our Parliament than upon any thing else in the World And were more encouraged from them to the continuing of the War So that if they were Dissolved their measures would be all broken and they consequently in a manner necessitated to a Peace The good Father minding this Discourse somewhat more then the Court of France thought fit to do my former urg'd it so home to the King that his Majesty was pleased to give him Orders to signifie to his R. H. my Master that his Majesty was fully satisfied of his R. H's good intention towards him that he esteemed both their Interests but as one and the same That my Lord Arlington and the Parliament were both to be lookt upon as very unuseful to their Interest That if his R. H. would endeavour to dissolve this Parliament his most Christian Majesty would assist him with his Power and Purse to have a new one as should be for their purpose This and a great many more Expressions of kindness and confidence Father Ferryer was pleased to Communicate to Sir William Throckmorton and commanded them to send them to His Royal Hhighness and withal to beg his Royal Highness to propose to his most Christian Majesty what he thought necessary for his own Concern and the advantage of Religon and his Majesty would certainly do all he could to advance both or either of them This Sir William Throckmorton sent to me by an Express who left Paris the Second of June 1674. Stilo novo I no sooner had it but I Communicated it to his R. H. To which his R. H. commanded me to Answer as I did on the twenty ninth of the same Month That his R. H. was very sensible of his most Christian Majesties Friendship and that he would Labour to cultivate it with all the good Offices he was capable of doing for His Majesty That he was fully convinced that their Interests were both one That my Lord Arlington and the Parliament were not only unuseful but very dangerous both to England and France That therefore it was necessary that they should do all they could to dissolve it And that his R. H's opinion was that if his most Christian Majesty would write his thoughts freely to the King of England upon this Subject and make the same proffer to his Majesty of his Purse to dissolve this Parliament which he had made to his R. H. to Call another he did believe it very possible for him to succeed with the Assistance we should be able to give him here And that if this Parliament were dissolved there would be no great difficulty of getting a new one which would be more useful The Constitutions of our Parliaments being such that a new one can never hurt the Crown nor an old one do it good His R. H. being pleased to own these Propositions which were but only General I thought it reasonable to be more particular and come closer to the Point we might go the faster about the work and come to some issue before the time was too far spent I laid this for my Maxim The dissolving of our Parliament will certainly procure a Peace Which Proposition was granted by every Body I conversed withal even by Monsieur Rouvigny himself with whom I took Liberty of conversing so far but durst not say any thing of the Intelligence I had with Father Ferryer Next that a Sum of Money certain would certainly procure a Dissolution this some doubted but I am sure I never did For I knew perfectly well that the King had frequent Disputes with himself at that time whether he should dissolve or continue them And he several times declared that the Arguments were so strong on both sides that he could not tell to which to incline but was carried at last to the continuance of them by this one Argument if I try them once more they may possibly give me Money if they do I have gained my Point If they do not I can dissolve them then and be where I am now So that I have a possibility at least of getting Money for their continuance against nothing on the other side But if we could have turn'd this Argument and said Sir their Dissolution will certainly procure you Money when you have only a bare possibility of getting any by their continuance and have shewn how far that bare possibility was from being a Foundation to build any reasonable hope upon which I am sure His Majesty was sensible of And how much 300000 Pounds Sterling certain which was the Sum we propos'd was better than a bare possibility without any reason to hope that that could ever be Compassed of having half so much more which was the most he design'd to ask upon some vile dishonourable Terms and a thousand other hazards which he had great reason to be afraid of if I say we had had Power to have argued this I am most Confidently assured we could have Compassed it for Logick in our Court built upon Money has more powerful Charms than any other sort of reasoning But to secure his most Christian Majesty from any hazard as to that Point I propos'd His Majesty should offer that Sum upon that Condition and if the Condition were not perform'd the Money should never be due If it were and that a Peace would certainly follow thereupon which no Body doubted His Majesty would gain his Ends and save all the vast Expences of the next Campaign by which he could not hope to better his Condition or put himself into more advantagious Circumstances of Treaty then he was then in But might very probably be in a much worse considering the mighty opposition he was like to meet with and the uncertain Chances of
expence of Money to animate as many as they could against France Our Lord Treasurer Lord Keeper all the Bishops and such as called themselves Old Cavaliers who were all then as one Man were not less industrious against Popery and had the Purse at their Girdle too Which is an excellent Instrument to gain Friends with and all united against the Duke as Patron both of France and Catholick Religion To deal with all this Force we had no Money but what came from a few private hands And those so mean ones too that I dare venture to say that I spent more my particular self out of my own Fortune and upon my single Credit then all the whole Body of Catholicks in England besides Which was so inconsiderable in Comparison of what our Adversaries commanded and we verily believe did bestow in making their Party that it is not worth mentioning Yet notwithstanding all this we saw that by the help of the Non-conformists as Presbyterians Independants and other Sects who were as much afraid of Persecution as our selves and of the Enemies of the Ministers and particularly of the Treasurer who by that time had supplanted the Earl of Arlington and was grown sole Manager of all Affairs himself we sheuld be very able to prevent what they design'd against us and so render the Sessions ineffectual to their Ends though we might not be able to Compass our own Which were to make some brisk step in favour of his R. H. to shew the King that his Majesties Affairs in Parliament were not obstructed by reason of any Aversion they had to his R. H. Person or Apprehensions they had of him or his Religion But from Faction and Ambition in some and from a real Dissatisfaction in others that we have not had such Fruits and good Effects of of those great Sums of Money which have been formerly given as was expected If we could then have made but one such step the King would certainly have restored his R. H. to all his Commissions Upon which he would have been much greater than ever yet he was in his whole Life or could probably ever have been by any other Course in the World than what he had taken of becoming Catholick c. And we were so very near gaining this Point that I did humbly beg his R. H to give me leave to put the Parliament upon making an Address to the King that His Majesty would be pleased to put the Fleet into the hands of his R H. as the only Person likely to give a good Account of so important a Charge as that was to the Kingdom and shewed his R. H. such Reasons to perswade him that we could carry it that he agreed with me in it that he believ'd we could Yet others telling him how great a damage it would be to him if he should miss in such an undertaking which for my part I could not then see nor do I yet he was prevail'd upon not to venture though he was perswaded he could carry it I did Communicate this Design of mine to Monsieur Rouvigny who agreed with me that it would be the greatest advantage imaginable to his Master to have the Dukes Power and Credit so far advanced as this would certainly do if we could Compass it I shew'd him all the Difficulty we were like to meet with and what Helps we should have But that we should want one very material one Money to carry on the Work as we ought And therefore I do Confess I did shamefully beg his Masters help and would willingly have been in everlasting Disgrace with all the World if I had not with that Assistance of twenty thousand Pounds sterling which perhaps is not the tenth part of what was spent on the other side made it evident to the Duke that he could not have missed it Monsieur Rouvigny used to tell me that if he could be sure of succeeding in that Design his Master would give a very much larger Sum But that he was not in a Condition to throw away Money upon uncertainties I answered That nothing of that Nature could be so infallibly sure as not to be subject to some Possibilities of failing but that I durst venture to undertake to make it evident that there was as great an assurance of succeeding in it as any Husbandman can have of a Crop in Harvest who sowes his Gound in its due Season and yet it would be counted a very imprudent piece of wariness in any body to scruple the ventring so much seed in its proper time because it is possible it may be totally lost and no benefit of it found in Harvest He that minds the Winds and the Rains at that rate shall neither Sow nor Reap I take our Case to be much the same as it was the last Sessions If we can advance the Dukes Interest one step forward we shall put him out of the step of Chance for ever For he makes such a Figure already that cautious Men do not care to Act against him not always without him because they do not see that he is much out-power'd by his Enemies Yet is he not at such a pitch as to be quite out of danger or free from Opposition But if he could gain any considerable new addition of Power all would come over to him as to the only stedy Centre of our Government and no body would contend with him further Then would Catholics be at rest and his most Christian Majesty's Interest secured with us in England beyond all Apprehensions whatsoever In Order to this we have two great designs to attempt this next Sessions First that which we were about before viz. To put the Parliament upon making it their humble request to the King that the Fleet may be put into his R. H ' s. care Secondly to get an Act for general Liberty of Conscience If we carry these two or either of them we shall in effect do what we list afterwards And truly we think we do not undertake these great points very unreasonably but that we have good Cards for our Game Not but that we expect great opposition and have great reason to beg all the Assistance we can possibly get and therefore if his most Christian Majesty would stand by us a little in this Conjuncture and help us with such a Sum as 20000 l. Sterling which is no very great Matter to Venture upon such an undertaking as this I would be content to be Sacrificed to the utmost Malice of my Enemies if I did not succeed I have proposed this several times to Monsieur Rouvigny who seemed always of my Opinion and has often told me that he has writ into France upon this Subject and has desired me to do the like But I know not whether he will be as Zealous in that point as a Catholic would be because our prevailing in these things would give the greatest blow to the Protestant Religion here that ever it received since its Birth