Bail or Mainprize and for the second offence twenty pounds and for want of payment should suffer six months Imprisonment without Bail or Mainprise and for the third offence should forfeit all his Goods and Chattels and suffer Imprisonment during his life time From which Act it is evident that all the mild Methods were taken that could be thought on to win over the Papists to the Reformed Religion for the Penalties incurred were not only suspended but the offender pardoned after they had been so long winkt at and the Penalties upon which Conformity was injoyned must be by all considering men adjudged reasonable to be inflicted upon those that remained obstinate after such kind usage and the rather for that it is apparent they made it their business to compel persons to go to Mass One thing I can't let pass without a remark That in this as well as the Statute of the 1 st of Edward the 6 th the tryal of the offence is to be according to the Antient Laws of the Land by a Jury and that till then they could incur none of the Penalties so careful were the Reformers for the Liberties even of Papists Hist Ref. pt 2. p. 115 116 117 118. Bâ—ker 's Ch on p. 303 304. But notwithstanding all this favour shewn to the Papists in one year they broke out into open Rebellion in four Counties in England viz. in Oxfordshire Devonshire Norfolk and Yorkshire So restless and unquiet are the Popish party and such implacable Enemies to the Protestants that if they be in power nothing but destroying them by Law will serve and if not then Plots Conspiracies and open Rebellions are their Methods Hist Ref. pt 2. p. 140. 3 4 E. 6. ca. 5. Rast Stat. f. 989. 34 E. 6. ca. 10. Images taken away Keeble's Stat. f. 676. Rast Stat. f. 994. these four Insurrections gave just occasion to make that severe Law against unlawful Assemblies and rising of the Subjects that if any to the number of twelve should meet together unlawfully for any matter of State and being required by any lawful Magistrate should not disperse themselves it should be Treason The next Act of Parliament that I shall take notice of and indeed but just touch it is the 3 d. and 4 th of Edward the 6 th ca. 10. Whereby divers Romish Books and Images were abolished and put away and that without any punishment of the Papists that used them but only a Penalty on the Officers and Ministers of Justice who did not put the said Law in Execution Thus things stood till the 6 th of Edward the 6 th and then an Act was made for the confirmation of the Liturgy which takes notice in the Preamble 5 6 E. 6. ca. 1. Keehâ—e 's Stat. f. 676. Rast Stat. f. 1009. The Liturgy confirmed That a great number of people in divers parts of the Realm following their own sensuality and living either without knowledge or due fear of God did wilfully and danmably before Almighty God abstain and refuse to come to their Parish Churches and other places where Common-Prayer Administration of the Sacraments and Preaching of the Word of God was used upon Sundaies and other daies ordained to be holy daies and doth thereby Enact that uniformity of Prayer and Administration of Sacraments shall be used in the Church requires Conformity thereunto and leaves them who come not to Church to be punished by the censures of the Church And Enacts March. Ref. 93. That all persons that are present at any other Common-Prayer or Sacraments for the first offence shall suffer six months Imprisonment without Bail or Mainprise for the second offence a years Imprisonment and for the third Imprisonment during life But none to have this inflicted but they who are legally convicted according to the Laws of the Land which cannot be esteemed severe seeing they were occasioned by the Treasons and Rebellions of them upon whom they were inflicted CHAP. VI. Q. Mary HAving shewn how kind and merciful King Edward the 6 th was to the Papists all his Reign notwithstanding their severe usage of the Protestants in his Predecessours Reigns Queen Mary her accession to the Crown and how she used the Protestants before she had a Parliament 35 H. 8. ca. 1. Rast Stat. f. 835. Hist Ref. 2. pt li. 2. p. 235. and their Treasons and Rebellions against himself and the then Established Government I shall now give an Account what usage the Protestants had in the Reign of his Successour Queen Mary Upon the Death of King Edward the Crown devolved upon Queen Mary according to the settlement of it by 35 H. 8. but she being a Papist and King Ed. the 6 th having by his Letters Patents limited the Crown to the Lady Jane Daughter of Frances Dutchess of Suffolk who was a Protestant the Council Proclaimed the Lady Jane Queen which Proclamation sets forth that the late King had settled the Crown as aforesaid and declared that it should not descend to his two Sisters since they were both Illegitimate in the Spiritual Courts and by Acts of Parliament and were only his Sisters by the half blood who tho' it were granted they had been Legitimate are not Inheritable by the Law of England it was added that there was also great cause to fear that the King's Sisters might marry Strangers and so change the Laws of the Kingdom and subject it to the Tyranny of the Bishops of Rome and other Foreign Laws for these Reasons they were excluded from the Succession and the said Lady Jane was Proclaimed Queen as aforesaid she promising to be most Benign and Gracious to all her people to maintain God's Holy Word and the Lavvs of the Land requiring all the Subjects to obey and acknowledge her And now all had been well and the Reformed Religion was in a likely way to flourish could the Protestants have been all of a mind and the common sort of People been as well satisfied as the Council great part of the Nobility and all the Judges but one were in what was done But oh the Calamities that divisions bring upon a Kingdom Suffolk and No folk 's mens kindness to Queen Mary Hist Reform part 2. p. 233.237 Baker 's Chro. p. 312. The Earl of Arundel having given Queen Mary notice of the Death of her Brother and the design of setting up the Lady Jane she retires to Framlingham Castle in the County of Suffolk whither many from Norfolk and a great body of Suffolk men gathered about her who were notwithstanding all for the Reformation they before they would assist her desired to know of her whether she would alter the Religion set up in King Edward's days to whom she gave full assurances that she would never make any Innovation or Change but be contented with the Private Exercise of her own Religion upon this they were all possest with such a belief of her sincerity that it made them resolve to hazard their Lives and
An Historical ACCOUNT Of Making the PENAL LAWS By the PAPISTS against the PROTESTANTS And by the PROTESTANTS against the PAPISTS WHEREIN The true Ground and Reason of Making the Laws is given the PAPISTS most Barbarous Usuage of the PROTESTANTS here in England under a Colour of Law set forth and the Reformation Vindicated from the Imputation of being Cruel and Bloody unjustly cast upon it by those of the Romish Communion By Samuel Blackerby Barrister of Grays-Inn Summa est ratio quae pro Religione facit Co. 5.14 b. LONDON Printed for William Churchill at the Black-Lyon in St. Paul's Church-Yard and John Weld at the Crown between the Temple-Gates in Fleet-Street MDCLXXXIX Licensed By Command of the Right Honorable the Earl of Shrewsbury Principal Secretary of State. The 10 th of May 1689. JA. VERNON To the Right Honorable CHARLES EARL of MONMOUTH VISCOUNT MORDANT OF AVILAND BARON of RIGATE ONE of their MAJESTIES most Honorable PRIVY-COUNCIL And the FIRST of the LORDS COMMISSIONERS Of their MAJESTIES TREASURY c. This Historical Account of making these Penal Laws is most humbly Dedicated by the Author His Lordships Most Humble and most Obedient Servant AN HISTORICAL ACCOUNT Of making the Penal Laws By the Papists against the Protestants and by the Protestants against the Papists CHAP. I. Rich. II. BY the 1 Mirror of Justices f. 152. Common Law of England the punishment of Heresie was burning the Heretick by vertue of the Writ de Haeretico comburendo 2 Fitz. Natur. Brev. f. 269. which was first to issue What was accounted Heresie before the time of Ed. the 3 d I shall not enquire That the Church of Rome hath always termed those Hereticks who have opposed her Innovasions and Corruptions can't be denyed and is sufficient to my purpose The first of these that apppeared in England was John Wickliffe in the latter end of the Reign of King Ed. the 3 d in the year 1371. And therefore there was no occasion for putting the Law in Execution till his time but upon his appearance he Preaching and Teaching several Doctrines that tended to a Reformation the Romish Clergy fond of their Diana presently endeavours to silence him which they had done had not the favour of some great men at that time stopt their proceedings against him so that notwithstanding their Rage and Malice against him he at last dyed in his Bed But such an Implacable Hatred they bore to his Memory because he had begun to dispel those Clouds of Darkness and Ignorance with which this Church of England was then overspread that they 3 Ex actis Consilii Constan Procured a Decree of the Synod of Constance for the taking up his Body and Bones to be burnt one and forty years after he was buried for being an obstinate Heretick In obedience to which Decree the Popish Clergy in the time of King Richard the 2 d took up his Bones out of his Grave and burnt them and cast the Ashes into a River Such Enemies were they then to Christ's Religion that they would not suffer the Ashes of this great Luminary to rest lest as they were superstitious enough to think they should again revive to make a further discovery of their Works of Darkness In this 4 Trussel's Continuation of Daniel's History of England fol. 49. King's Reign execution by Fire was first put in practice within this Realm for opposing the Superstition and Idolatry of the Church of Rome Before this time there being no Statute to punish the Oppugners of the Romish Innovasions and Corruptions in matters of Doctrine and Worship The Clergy of the Romish Church made use of the weakness of R. 2. and prevailed with him to consent to the owning a supposititious Law of their own contriving and drawing up without the consent of the Commons Co. Inst 3. p. fol. 40 41. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to arrest such as should be certified into the Chancery by the Bishops and Prelates to be Preachers of Heresie and notorious Errors their Fautors Maintainers and Abettors and to hold them in strong Prison until they would justifie themselves to the Law of Holy Church Which Act of Parliament was the first that was made against them that preached against the Church of Rome under the Notion of their being Hereticks who were then called Wicklivites The Act it self I have here inserted as it is Printed in Rastal's Statutes 5 R. 2. Ca. 5. Rast Stat. f. 140. The Wicklivites to be imprisoned Forasmuch as it is openly known that there be divers evil persons within the Realm going from County to County and from Town to Town in certain habits under dissimulation of great Holyness and without the Lycens e of the Ordinacies of the places or other sufficient Authority Preaching daily not only in Churches and Church-yards but also in Markets Fairs and other open places where a great Congregation of people is divers Sermons containing Heresies and notorious Errors to the great embleamishing of the Christian Faith and destruction of the Laws and of the estate of Holy Church to the great peril of the souls of the people and of all the Realm of England as more plainly is found and sufficiently proved before the Reverend Father in God the Arch-Bishop of Canterbury and the Bishops and other Prelates Masters of Divinity and Doctors of canon and of civil Law and a great part of the Clergy of the said Realm especially assembled for this cause which persons do also preach divers matters of slander to engender discord and dissention betwixt divers Estates of the said Realm as well Spiritual as Temporal in exciting of the people to the great peril of all the Realm which Preachers cited or summoned before the Ordinaries of the places there to answer of that whereof they be Impeached will not obey to their Summons and Commandments nor care not for their Monitions nor Censures of the Holy Church but expresly despise them and moreover by their subtil and ingenious words do draw the people to hear their Sermons and do maintain them in their Errors by strong hand and by great Routs It is ordained and assented in this present Parliament that the King's Commissions be made and directed to the Sheriffs and other Ministers of our Soveraign Lord the King or other sufficient persons Learned and according to the Certifications of the Prelates thereof to be made in the Chancery from time to time to arrest all such Preachers and also their Fautors Maintainers and Abettors and to hold them in Arrest and strong Prison till they will justifie them according to the Law and Reason of Holy Church and the King will and commandeth That the Chancellor make such Commissions at all times that he by the Prelates or any of them shall be certified and thereof required as is aforesaid By this Act it appears that there were then several persons who would not
have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
admitted in the King 's English Church and Congregations as whereby good Christian People ordering themselves accordingly do receive both Godly and goodly consolations and benefits and it is agreeable also to God's Law. 6. That Auricular Confession is expedient and necessary to be retained and continued used and frequented in the Church of God. He that by word of Mouth Writing Printing Cyphering or in any otherwise doth Publish Preach Teach Say Affirm Declare Dispute Argue or hold any Opinion contrary to the first Article is by that Act of 31 H. 8. ca. 14. Declared a Heretick to suffer Death by burning and to forfeit his Estate as in case of High Treason The publick Preaching and affirming in a Court of Justice any thing contrary to the other five Articles and Marrying after a vow of Chastity is declared Felony without Benefit of Clergy and to forfeit as in cases of Felony And if any Person by Words Writing Printing Cyphering or otherwise publish declare or hold Opinion contrary to the said five Articles he forfeits his Goods and Chattels for ever the Profits of his Lands Tenements and other his real Estate during his life his Spiritual Promotion shall be utterly void and his body imprisoned at the King's Pleasure for the first offence and for the second offence to be adjudg'd a Felon and suffer and forfeit as a Felon without Benefit of Clergy By which Act it plainly appears that the denying of Transubstantiation was by this Law made High Treason The publishing or holding the necessity of Receiving in both kinds the lawfulness of Priests Marrying the unlawfulness of vowing Chastity of private Masses and Auricular Confession was no less than Felony or at least a Premunire So that in a word to be a Protestant was to be a Traytor a Felon or subject to a Premunire And could they have found any punishment inflicted by our Laws that is worse they would no doubt have made the Protestants subject to it and that not as Offenders against the Polity of the Civil State but purely upon the Account of their Religion And therefore the next thing that is done by these destroyers of Souls as well as Bodies is to take away all means of Knowledge as well as to inhibit the Promulgation thereof upon such severe Penalties and for that purpose was the Act of 34 H. 8. ca. 1. made Whereby 34 H. 8. ca. 1. Rast Stat. p. 782. The means of Knowledge in Religion taken away by this Act from the Protestants All Books of the Old and New Testament in English being of Tindal's Translation or Comprising any matter of Christian Religion Articles of the Faith or holy Scripture contrary to the Doctrine aforesaid i. e. the Doctrine of Popery and set forth after the year 1540 or then to be set forth by the King were utterly abolished no Printer or Bookseller was to utter any of the aforesaid Books no person was to play in enterlude sing or rhyme contrary to the said Doctrine no person was to retain any English Books or Writings concerning matter against the Holy and Blessed Sacrament of the Altar i. e. the Mass or other Books abolished by the King's Proclamation there was to be no annotations or preambles in Bibles or New Testaments in English The Bible was not to be read in English in any Church no Women or Artificers Prentices Iourneymen Servingmen of the degrees of Yeomen or under Husbandmen nor Labourers should read the new Testament in English Nothing was to be taught or maintained contrary to the King's Instructions which were for the suppressing Heresie or Protestantism and if any Spiritual person should preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and should be thereof Convict he should for his first Offence recant for the second abjure and bear a Fagot and for his third should be adjudged an Heretick and be burnt and lose all his Goods and Chattels And whoever will take the pains to read over 1 Dr. Burnet the History of the Reformation together with 2 Fox the Book of Martyrs of which Book Dr. Burnet in his Preface to the first part of his History of the Reformation saith that he having compared his Acts and Monuments with the Records had never been able to discover any Errors or Prevarications in them but the utmost fidelity and exactness will find so many instances of putting all these bloody Laws before mentioned in Execution as I perswade my self that there are some Papists would e'en blush at and be throughly ashamed of and if they have any thing of Humanity in them must utterly abhor But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants the Reformation in King Edward the 6 th's time of Glorious Memory intervening I shall shew how the Reformers used the Papists in his Reign CHAP. V. Ed. VI. IT may be expected that I should say something of Henry the 8 th's Reformation But as to what was done in Henry the 8 th's time I shall not trouble the Reader with any thing because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good that he concludes his first part of the History of the Reformation Hist of the Reformation vol. 1. p. 362. with this speaking of Henry the 8 th I do not deny that he is to be numbred among the ill Princes yet I can't rank him with the worst Which Character certainly the preceeding account of the Laws made in his time against the Protestants does evidence to be very favourable to him I shall therefore begin with the Laws made in the Reign of King Edward the 6 th and the manner of introducing them King Edward the 6 th coming to the Crown young and Cranmer and others designing throughly to reform the Church of England from the Errors and Corruptions that were crept into Her during the time she was under the Popish Tyranny The first step that was set in order to it was the visiting the Clergy quite over England and compiling some wholesome Homilies Mild Methods us'd by King Ed. the 6th before any Laws made to supply the defect of Sermons by reason of the ignorance of the then Clergy and to prevent unnecessary Disputes in the Pulpits Their Articles and Injunctions for the Visitation were to be observed under the pains of Excommunication Sequestration or Deprivation not upon the Penalty of being burnt as a Heretick or forfeiture either of Lands in fee simple or Goods or Chattels or either or any of them This was done before the Parliament was called November the 4 th 1547. The Parliament met and the first Act of Parliament that was made was an Act against such as should unreverently speak against the Sacrament of the Altar and of the receiving thereof under both kinds which Act of Parliament in the Preamble takes notice That the King
Eliz. QUeen Mary dyed the 17 th of November Queen Elizabeth's Birth-Day Anno Domini 1558. Whose Death put an end to this severe Persecution The Parliament then assembled in the sixth and last year of her Reign Queen Elizabeth her Accession is the Crown and her râ—â—â—eâ—â—ete calling of a Parliament D'Ewes Journal of Q. Eliz. Reign f. 1. Cambd. Anceâ—s f. 12. Hist R. f. 2 pt f. 373. being by her demise Dissolved The thrice Excellent and Prudent Princess Queen Elizabeth according to her Right and Hereditary Title saith Sir Simon D'Ewes true and lawful Heir to the Crown according to the Act of Succession of 35 H. 8. saith Cambden the next and indisputed Heir to the Crown saith Doctor Burnet and Heath the then Lord Chancellour so called her without any opposition or difficulty King Philip being then very happily beyond the Seas succeeded to all the Realms and Dominions of Mary her Sister excepting Calais and those other inestimable places in France which had been most dishonourably and vainly lost in the time and towards the end of the Reign of the said Queen Mary and finding also the Innocent Blood of God's Saints Arch-Bishop Cranmer Bishop Ridley Bishop Hooper and the rest shed for the Witness of the Truth to have stained the former Government with the just brand and stygma of Persecuting and Tyrannical and that her Realms and Dominions were much impoverished and weakned as Doctor Burnet in his Letters hath made evident almost all places abroad are where Popery is the prevailing Religion Popery and Slavery being inseparable Companions she therefore in the very entrance of her Reign applyed her first are to the restoring of the Protestant Religion which she verily perswaded her self was most true Cambd. Hist f. 13. and consonant to the Sacred Scriptures and the sincerity of the Primitive Church and well considering and foreseeing that the surest and safest way to establish the Truth to abolish all Foreign and Usurpt Authority to repair the weaknesses and breaches of her said Realms and Dominions to strengthen her Kingdom with Shipping and Munition and to revive the decayed Trade thereof was by the common Advice and Counsel and with the publick Assent did summon her first Parliament to begin on Munday the 23 d day of January in the first year of her Reign But before I give any Account of what Laws were thereby made relating to the Papists I shall 1 st Shew how the Law stood at to the Papists when she came to the Crown 2 d. I shall show that the Protestant Religion was restored by much more lenil and mild Methods towards the Papists in Queen Elizabeth's time than the Popish Religion was introduced by in Queen Mary's 3 d. I shall make it fully appear that they gave just occasion for making the severe Laws against them that were made in Queen Elizabeth's time and when in time the occasion was given and the Laws made which last thing will run through the whole thread of the following account As to the first whoever will give himself the trouble to consult our Statute and Law-Books will find 1 How the Laws stood as to the Papists before any new ones were made 25 F. 3. ca. 2. that long before her Reign it was Treason to compass or imagine the death of the King the Queen or their Eldest Son and Heir or to levy War against the King or to adhere to the King's Enemies or to give to them Aid or Comfort 2 Rog. Hov. in Hen. 2. 13 R. 2. sta 2. ca. 2 Co. Inst 3.100 ca. 36. That it was Treason and afterwards Felony to bring or send into this Kingdom or the King's Power which is the same with Dominions any Summons Sentence or Excommunication against any person of what Condition soever he be 3 16 R. 2 ca. 5.3 Inst 120 121 126.12 Co. 37.40 Davis 84. that he incurr'd a Premunire that purchased Bulls from Rome and that the Crown of England even in the Popish times was subject to none 4 Co. Rep. 5. f. 12 15 17 21 22 23 27 28. and Co. Inst 3. Ca. 36. It was of old Treason by the Common Law of the Land to procure or bring in any Bull of Excommunication against any Subject much more certainly against the King or Queen because it gives way to Foreign Authority 5 Co. Inst 3. ca. 67. f. 144. And by the Laws of England all Subjects are prohibited to take any Pension c. of any Foreign King Prince or State without the King's License altho' in League with England Thus stood the Laws when that Glorious Queen of ever Blessed Memory ascended the Throne and one would have thought these would have guarded her against all attempts of the Papists and 't is not unreasonable to believe that she her self was of that mind if we consider 2 ly That the Methods taken by Queen Elizabeth for restoring the Protestant Religion were much milder than those taken by Queen Mary to introduce the Popish This will appear by the Laws themselves of which I come now to give an account and of the occasion of their making The first is That which restores to the Crown 1 Eliz. ca. 1. Rast Stat. 2. part f. 1. The Crown restored to its Antient Jurisdiction in causes Ecclesiastical a power given to delegate the exercise of it the Oath of Supremacy and what shall be taken for Heresie ascertained the Antient Iurisdiction over the Estate Ecclesiastical and Spiritual and abolisheth all Foreign Powers repugnant to the same Which it doth by reviving the Laws of Henry the 8th against the See of Rome and of Edward the 6th for the Protestants Which Laws were repealed by Queen Mary and Laws for Convicting and Burning Hereticks i. e. Protestants in an Arbitrary way revived which had been Repealed in Edward the 6th's time This Law therefore particularly repeals 5 R. 2.5 5 H. 4.15 2 H. 5.7 made against the Protestants then called Hereticks and Lollards and then doth abolish Foreign Iurisdiction wherein it is but declarative of the Antient Laws of the Kingdom and annereth Ecclesiastical Iurisdiction to the Crown and gives a power of delegating the Exercise of it establisheth the Oath of Supremary but in tenderness to the Papists leaves out Supream Head of the Church and provides that all Ecclesiastical Persons Temporal Iudges Iustices Mayors or other say or temporal Officers and every other person having her Highness Fee or Wages shall take the said Oath upon the penalty of forfeiting their places Ecclesiastical or Temporal upon an obstinate refusal and disability to hold the same for the future the penalty of maliciously maintaining a Foreign Iurisdiction is for the first offence the loss of Goods and Chattels only and if he be not worth 20 l. then over and above the forfeiture of his Goods and Chattels he shall suffer twelve Months Imprisonment without Bail or Mainprize the second offence is made a premunire the third offence high
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
was taken a Year after and put to the Rack and afterwards being brought forth to Dispute he scarcely answered the expectation raised of him Neither wanted there others also of the Popish Faction for Religion was then grown into faction as it was very lately here in England who Laboured Tooth and Nail at Rome and elsewhere in Princes Courts to raise War against their own Country Yea they published also in Print that the Bishop of Rome and the Spaniard had Conspired together to Conquer England and expose it for a Spoil and Prey And this they did on purpose to give Courage to their own Party and to terrifie others from their Allegiance to their Prince and Country This forced a Manifesto from the Queen Camb. Annals f. 247. wherein after acknowledgment of the goodness of God towards her She declareth that she had attempted nothing against any Prince but for preservation of her own Kingdom nor had she Invaded the Provinces of any other tho she had been sundry times thereunto both provoked by Injuries and invited by Opportunities that if any Prince go about to attempt ought against her she doubts not but to be able by the Blessing of God to defend her People and to that purpose she had Mustered her Forces both by Sea and Land and had them now in readiness against any Hostile Invasion her faithful Subjects she Exhorts to continue immoveable in their Allegiance and Duty towards God and their Prince the Minister of God not their absolute Supream Lord to dispose of them and theirs according to will and pleasure the rest who had shaken off their Love to their Country and their Obedience to their Prince she commands to carry themselves modestly and peaceably and not provoke the severity of Justice against themselves for she would no longer be so imprudent as by sparing the Bad to prove cruel to her self and her good Subjects By this Manifesto all Men may see how tender and compassionate the Queen was to her worst Subjects even them who had renounced their Allegiance to her and very hardly was she brought to put the Laws in Execution against them although they so justly deserved it of which take the following account from Mr. Cambden Camb. Annals f. 270. The Queen to take away the fear which had possest many Minds that Religion would be altered and Popery tollerated being overcome by importunate Intreaties permitted not furiously Commanded as if she thirsted after Blood That Edmund Campian aforesaid of the Society of Jesus Ralph Sherwin Luke Kirby and Alexander Briant Priests should be Arraigned who being Indicted upon the Act for Treason made 25 Ed. 3. and charged to have compassed and imagined the destruction of the Queen and Realm to have adhered to the Bishop of Rome the Queens Enemy to have come into England to disturb the Peace and Quiet of the Realm and to have raised forces to that end were condemned to dye and persisting obstinately to defend the Popes Authority against the Queen were Executed And not for professing the Popish Religion or exercising it barely as some of the Romanists and a few ignorant Protestants pretend For Campian after he was condemned being askt first whether Queen Elizabeth were a true and lawful Queen refused to answer then whether he would take part with the Queen or the Pope if he should send Forces against the Queen he openly professed and testified under his hand that he would stand for the Pope Afterwards some others also were Executed for the same Reasons whereas in full ten Years time after the Northern Rebellion But five Papists put to death in ten Years there had been no more then five Papists put to death But such now were the times that the Queen who never was of opinion that Mens Consciences were to be forced complained many times that she was driven of necessity to take these Courses unless she would suffer the ruin of her self and her Subjects upon some Mens pretence of Conscience and the Catholic Religion i. e. the Abby Lands and a Cardinals Cap yet for the greater part of these silly Priests she did not at all believe them guilty of Plotting the destruction of their Country but their Superiors were they she held Camb. Annals f. 271. Lord Burleigh saith the same thing Collection f. 28. to be the Instruments of this villany for these inferior Emissaries committed the full and free disposure of themselves to their Superiors And when those of the Superiors that were then and afterwards taken were asked whether by the Authority of the Bull of Pius V. Bishop of Rome the Subjects were so absolved from their Oath of Allegiance towards the Queen that they might take up Arms against her whether they thought her to be a lawful Queen whether they would subscribe to Saunders and Bristow's opinion concerning the Authority of that Bull whether if the Bishop of Rome should wage War against the Queen they would joyn with her or him they answered some of them so ambiguously some so resolutely and some by prevarication or silence shifted off the matter in such a manner that divers ingenious Papists which are rare to find in thâ—t Age began to suspect they fostered some treacherous disloyalty and John Bishop a Man otherwise devoted to the Bishop of Rome wrote against them and solidly proved that that Constitution obtruded under the Name of the Lateran Council upon which the whole Authority of absolving Subjects from their Allegiance and deposing Princes is founded is no other then a Decree of Innocent the III. and was never admitted in England yea that the said Council was no Council at all nor was it at all there decreed by the Fathers But of the Priests themselves owning all this I shall give a further account hereafter Camb. Annals f. 272. Suspicions were daily increased by the great number of Priests creeping more and more into England who privately felt the Minds of Men spread abroad that Princes Excommunicate were to be deposed notwithstanding their former prohibition of Preaching that Doctrine and whispered in Corners The Popish Terets spread abroad that such Princes as professed not the Romish Religion had forfeited their Regal Title and Authority that those who had taken holy Orders were by a certain Ecclesiastical priviledge exempted from all jurisdiction of Princes and not bound by their Laws nor ought they to reverence or regard their Majesty that the Bishop of Rome hath supream Authority and absolute Power over the whole World yea in Temporal Matters that the Magistrates of England were no lawful Magistrates and therefore not to be accounted for Magistrates yea that whatsoever was done by the Queens authority since the time the Bull declaratory of Pius V. was published against her was by the Laws of God and Man altogether void and to be esteemed as of no validity and some of them were not ashamed to own that they were returned into England with no other intent then by
Vsurper Obstinate and Impenitent and so no good to be expected unless she be deprived Therefore Pope Sixtus Quintus moved by his own and his Predecessors Zeal and the vehement Desire of some principal English-men hath used great Diligence with divers Princes especially with the Spanish King to use all his Force that she might be turned out of her Dominions and her Adherents punished And all this for good Reasons Because she is an Heretick Schismatick is excommunicated by former Popes is Contumacious Disobedient to the Roman Bishop and hath taken to her self the Ecclesiastical Jurisdiction over the (a) No such thing Souls of Men. Because she hath against all Law and Right usurped the Kingdom seeing none forsooth must be Monarchs of England but by the Leave and Consent of the Pope Because she hath committed many Injuries Extortions and other Wrongs against her Subjects Because she hath stirred up Sedition and Rebellion between the Inhabitans of Neighbouring Countries Because she hath entertained (b) What did the Pope and Spaniard do Fugitives and Rebels of other Nations Because she sent and procured the (c) A Slanderous Vntruth Turk to invade Christendom Because she persecuted the English Romanists Cut of the (d) And very justly as appears by the Relation before given Queen of Scots and abolished the Roman Religion Because she hath rejected and excluded the Antient Nobility and promoted to Honour obscure People (e) A damn'd Lye. and also useth Tyranny Wherefore seeing these Offences some of them rendring her uncapable of the Kingdom others unworthy to live His Holiness by the Power of God and the Apostles reneweth the Censure of Pius V. and Gregory XIII against her excommunicates and deprives her of all Royal Dignity Titles Rites and Pretences to England and Ireland declares her illegitimate and Vsurper of the Kingdom and absolves all her Subjects from their Obedience and Oaths of Allegiance due to her So he commandeth all under Pain and Penalty of Gods Wrath to yield her no Obedience Aid or Favour whatsoever but to employ all their Power against her and to Joyn themselves with the Spanish Forces who will not hurt the Nation nor alter their Laws nor Priviledges only punish the wicked (f) Protestants he means Hereticks Therefore by these Presents we declare that it is not only Lawful but Commendable to lay Hands on the said Usurper and other her Adherents and for so doing they shall be well rewarded And lastly to all these Roman Assistants is liberally granted a Plenary Indulgence and Remission of all their Sins The Queen to defend her self set forth a good Fleet of Ships Queen Elizabeths Preparation to defend her self Camb. Annal. f. 405. under the Command of Charles Lord Howard of Effingham Lord High Admiral and Drake Vice-admiral she prepared two Armies one of one thousand Horse and twenty two thousand Foot under the Command of the Earl of Leicester The other of thirty four thousand Foot and two thousand Horse under the Command of the Lord Hunsdon And the Nation being jealous of the Papists the Queen was perswaded to commit divers to Wisbich Castle but could not be prevailed upon to execute any one not so much as a Priest notwithstanding the severe Laws then in being against them and this great Preparation made against her for the Conquering of England and the bringing in of Popery The Papists seeing such Preparations made by the Queen A Trick of the Spaniards Camb. Annals l. 3. f. 407 408 409 410. set on foot a Treaty for Peace and in February Commissioners went into Flanders and the 12 th of April 1588 the Spanish Commissioners met the English near Ostend and the Treaty was carried on by the Spanrards with design if possible to make England secure and so to surprise them for they dallied with the English till the Spanish Fleet was come upon the Coast of England and the Thundring of the Ordinance was heard from the Sea. The 21 st of May 1588. the Spanish Fleet set sail out of Tayo The Spanish Fleet at first disperst by Tempest Camb. An. from 411. to 418. The Fleets engage The Spaniard beaten and was totally scattered and disperst by a very great Tempest but being come together again the 12 th of July the whole Fleet set Sail again and the 21 st both Fleets engaged and after four several Sea-fights the First the 21 st the Second the 23 d. the Third the 25 th and the Last on the 27 th or 28 th of July thy Spanish Fleet the last Day of the same Month was driven Northwards and machischeir Escape by Flight This great Armada which had been three Years in Riggâ—â—g and Preparing with infinite Expence was within a Months space four times fought with and at the last overthrown with the Slaughter of many Men not an Hundred of the English being missing and but one Ship lost and after it had been driven round about all Brittain by Scotland the Orcades and Ireland grievously tossed and very much distressed impaired and mangled by Storms and Wrecks and indured all manner of Miseries at length returned Home with Shame and Disgrace The Prince of Parma never joyned them for which he was sufficiently reviled by the Spaniards As for Cardinal Allen he was born in Lancashire of good Parentage Foulis Hist l. 7. cap. 6. f. 351 352. Camb. Annals f. 490. Bakers Chron. f. 381. was bred up at Oxford in Oriel Colledge where he was Proctor was prefered to a Cannonship in York In Queen Elizabeths Days he quitted England became a Pensioner to the Spaniard to carry on whose Designs against his Queen and Country he was very industrious for which Service Sixtus V. created him a Cardinal 1587. and he died at Rome 1594. Oct. 16. He hath told us himself who were the chief Promoters of this Invasion as Mr. Foulis tells us and quotes for it Quodlibets Pag. 40 41 57. his own Words as he relates it are these The King of Spain at length as well by his Holiness's Authority and Exhortations as by his own unspeakable Zeal and Piety moved also not a little by my humble and continual Suit together with the afflicted and banished Catholicks of our Nation of all and every Degree who have been by his special Compassion and Regal Munificency principally supported in this our long Exile hath condescended at last to take upon him this so holy and glorious an Act c. And then proceeds to encourage nay and threaten too the English to take up Arms against their Queen and to joyn with the Spaniards and other Invaders If you will avoid the Popes the Kings and other Princes high Indignation let no Man of what Degree soever obey abet aid defend or acknowledge her c. Adding That otherwise they should incur the Angels Curse and Malediction and be as deeply excommunicated as any because that in taking her part they should fight against God against their Lawful King (a)
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
See of Rome confer any Ecclesiastical function whatsoever toward or upon your Majesties natural Subjects within your Dominions Answ This is fit to be ordered according as is provided and it shall be so published by Proclamation 8. That your Majesties learned Councel may receive Order and Commandment to consider of all former Grants of Recusants Lands that such of them may be avoided as are made to the Recusants use or interest out of which the Recusant receiveth any benefit which are either void or voidable by the Law. Answ The King will give Order to his learned Councel to consider of the Grants and will do according as is desired 9. That your Majesty will be likewise pleased strictly to command all your Judges and Ministers of Justice Ecclesiastical and Temporal to see the Laws of this Realm against Popish Recusants to be duly executed and namely that the censure of Excommunication be declared and certified against them and that they be not absolved upon publick satisfaction by yielding to Conformity Answ His Majestys leaves the Laws to their course and will order in the point of Excommunication as is desired 10. That your Majesty will be pleased to remove from Places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ ' This his Majesty thinks fit and will give order for it 11. That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesty's Privy Councel upon reason of State. Answ The Laws and Acts in this Case shall be followed and put in due Execution 12. That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe Execution of the Laws that they retire themselves to their several Countrys there to remain confined within five Miles of their Places Answ ' For this the Laws in Force shall be forthwith Executed 13. And whereas your Majesty hath strictly commanded and taken Order that none of the natural born Subjects repair to the hearing of Masses or other Supersttious Services at the Chappels or Houses of foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the offenders herein may be punished according to the Laws Answ The King gives consent thereto and will see that observed which herein hath been commanded by him 14. That all such insolencies as any that are Popishly affected have lately Committed or shall hereafter commit to the dishonour of our Religion or to the wrong of the true Professors thereof be exemplarily Punished Answ ' This shall be done as is desired 15. That the Statute of 1 Eliz. for the payment of twelve pence every Sunday by such as shall be absent from Divine Service in the Church without a lawful excuse may be put in due Execution the rather for that the penalty by Law is given to the Poor and therefore not to be dispensed withal Answ It is fit that this Statute be Executed and the Penalties shall not be dispensed withal 16. Lastly that your Majesty would be pleased to extend your princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion there Answ His Majesties Cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus Most Gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their Peace and Prosperity we have made a Faithful Declaration of the present Estate the Causes and Remedies of this encreasing disease of Popery Humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our Late Soveraign of Famous Memory upon the like Petition did give us great comfort of Reformation but your Majesties most Gracious Promises made in that kind do give us confidence and assurance of the continual performance thereof in which comfort and confidence reposing our selves we most Humbly pray for your Majesties long continuance in all Princely felicity Rushw Coll. 1 pt 191. The 10 th of August the King sends to the Commons to have a present supply and promises to let them meet again in Winter and redress their greivances then they insist to have both go on together The Parliament dissolved but withal make a most submisive Declaration of their affection and duty to him Which notwithstanding he by Commission 12 August 1625. dissolved them Rushw Coll. 1. pt f. 191.192 The King soon after issued out a Proclamation to call home Papists Children and soon after Disarmed the Papists but as this was pleasing so his Letter soon after sent to the Leivetenants for the loan of Money upon Privy Seals and other things of the like kind were as distastful to the People A Parliament called Papists proceeded against But these Courses not having the wisht for success and the King being pressed with his own necessities summoned a Parliament to meet in February and enjoyned the Arch-Bishops and Bishops in both Provinces to proceed by Examination and other Church censures with the utmost severity against the Papists and those more especially who were Popishly affected and did encourage and advance the growth of Popery and issued out a Proclamation to confine Convicted Papists to their dwelling Houses or within five Miles thereof On Candlemas Day he was Crowned and at the time of his Coronation took the Coronation Oath in manner following Sir says the Arch-Bishop will you grant and keep K. Charles 1. Crowned The Coronation Oath Rushw Coll. 1. part f. 200. Arch-Bishop and by your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the Glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the ancient Customs of the Realm I Grant and Promise to keep them Sir Will you keep Peace and Godly Agreement according to your Power both to God The Kings Answer the Holy Church the Clergy and the People I Will keep it Sir Will you to your Power cause Law Justice and Discretion to Mercy and Truth to be executed to your Judgment I Will. Sir Will you grant to hold and keep the Laws and Rightful Customs which the Commonalty of this your Kingdom have and will you defend and uphold them to
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
minding the Governance and Order of his most loving Subjects 1 Ed. 6. ca. 1. Rast Stat. f. 902. The Administration of the Lords Supper restored and the punishment inflicted on despisers and neglecters of it more moderate than what the Papists inflicted on the Protestants to be in most perfect unity and concord in all things and in especial in the true Faith and Religion of God and wishing the same to be brought about with all Clemency and Mercy on his Highness part towards them as his most Princely Serenity and Majesty hath already declared by evident proof to the intent that his most loving Subjects provoked by Clemency and Goodness of their Prince and King should study rather for love than fear to do their duties first to Almighty God and then to him and the Commonwealth nourishing concord and love amongst themselves yet considered and perceived that in a Multitude all were not of that sort that Reason and the Knowledge of their Duty could move them from Offences but many had need of some bridle of fear and that same were men most contentious and arrogant for the most part or else most dlind and ignorant by the means of which sort of men many things well and godly instituted and to the Edification of many were perverted and abused and turned to their own and others great loss and hindrance and sometime to extream destruction the which doth appear in nothing more or sooner than in matters of Religion and in the great and high Mysteries thereof and particularly instanceth in the most comfortable Sacrament of the body and blood of our Saviour Iesus Christ and sets forth that the same was Instituted by Christ himself the words of the Institution and for what end and then saith that notwithstanding this the said Sacrament had been marvelously abused by such manner of men before rehearsed who of wickedness or else of ignorance and want of learning for certain abuses then-to-fore committed of some in misusing thereof had condemned in their hearts and speech the whole thing and contemptuously depraved despised or reviled the same most holy and blessed Sacrament and not only disputed and reasoned unreverently and ungodly of that most high Mystery but also in their Sermons Preachings Readings Lectures Communications Arguments Talks Songs Plays or Iests name or call it by such vile and unseemly words as Christian Ears do abhor to hear rehearsed From this preamble I gather that the Popish Clergy had been greatly guilty of defaming the administration of the Sacrament of the Lord's Supper as used by the Protestants according to our Saviour's Institution and that this Law was made to inhibit such defamations and to effect the same with as much Clemency and Gentleness as the nature of the thing and the circumstances of time would bear as will appear by what was Enacted for Reformation of such abuse which was That whoever was guilty of the like abuse after the time in the Act for that purpose mentioned should be imprisoned and make fine and ransome at the King's Will and Pleasure That three Justices of the Peace at least whereof one to be of the Quorum should have power to take Informations and Accusations by the Oaths and Depositions of two able honest and lawful Persons at the least and then to trye the party accused by a Jury at their Quarter Sessions From which I observe First that the Reformers did not make any Offence relating to the Sacrament high Treason as the Papists had done denying Transubstantiation 2. That they did not leave it to the Clergy to examine in a Summary way and convict and then deliver the Offender over to the Secular power to be burnt but left the Party to be accused by Legal Witnesses and Tryed by a Jury of Honest and Legal Men according to the Fundamental Laws of the Kingdom Nay 3 dly They were so far from restraining the party accused of his Liberty That it is particularly provided by the said Statute that they might take Bail for his appearance After which it was Enacted by the same Act and which I desire you to take in Doctor Burnet's own words That it being more agreeable to Christ's first Institution and the practice of the Church for five hundred years after Christ Hist Reform pt 2. p. 41. that the Sacrament should be given in both the kinds of Bread and Wine than in one kind only it should be commonly given in both kinds except necessity did otherwise require and it being also more agreeable to the first Institution and the Primitive Practice that the People should receive with the Priest than that the Priest should receive it alone Therefore the day before every Sacrament an Exhortation was to be made to the People to prepare themselves for it in which the benefits and dangers of worthy and unworthy Receiving were to be expressed and the Priests were not without a lawful Cause to deny it to any who humbly asked it From which I observe That this Act was made to restore the Administration of the Lords Supper to its Antient and Primitive usage in both kinds with the Priest and that the Priest had not power to refuse giving it to any without just ground and that however here is no Penalty annexed either Spiritual or Temporal Several other Laws were made in order to carrying on the Reformation which inflicted no Penalty upon the Popish Clergy or Layety but were made for the well governing the Church of England as it stood then Reformed and put it out of the power of the Papists to hurt them Rast Stat. f. 904. as the 1 E. 6.2 for the Election of Bishops 1 Ed. 6.12 for repealing 5 R. 2.6 2 H. 5.7.25 H. 8.14.31 H. 8.14 34 H. 8.1 and 35 H. 8.5 Which were the severe Laws that the Popish Bishops and Prelates had obtained against the Professors of the true Religion whom they had nick-named in derision Lollards Hereticks and Gospellers When the Reformation in Edward the 6 th's time had restored the right Administration of the Sacrament of the Lord's Supper they rested for two years before they reformed the Liturgy to the end they might by degrees and with all Acts of Clemency and Kindness draw the Papists off from their Innovations and Corruptions but finding that would not do in the 3 d. year of Ed. 6. An Act for Vniformity of Service and Administration of the Sacraments throughout the Realm was made and enjoyned upon much milder penalties than any Laws relating to Religion that were made by the Papists for the Excellency of the Preamble of which Act and that the truth of the Penalties may appear I have inserted both 23 E. 6. Ca. 1. Rast Stat. f. 932. An Act for Vniformity upon mild Penaltus injoyned Whereas long time there hath been had in this Realm of England and in Wales divers forms of Common-Prayer commonly called the Service of the Church that is to say the use of Sarum of York of
Treason This Act declares what shall not and what shall be Heresie Hist Ref. pt 2. ib. 3. f. 386. that no matter of Religion or cause Ecclesiastical within this Act shall be Heresie Schism or Schismatical Opinion nor any thing but what is so adjudged by the Canonical Scriptures and the four first general Council or other Councils by the true and genuine sence of the Holy Scriptures or what should afterwards be declared Heresie by the Parliament with the consent of the Convocation From which Act. I observe that altho' it was a Premunire before this Law to own a Foreign Jurisdiction as bringing in Bulls doth yet the Queen was willing to inflict a less punishment for the first offence to see if she could gain upon the Papists by Clemency and made it not high Treason till a conviction of the third offence and that Conviction to be according to the Antient Laws of the Land and not in an Arbitrary way which is much more mild than any of the Popish Laws were neither was this Law put in Execution against them till they grew troublesome to the State as I shall plainly make appear hereafter The next Law was for the uniformity of Common Prayer and service in the Church and administration of the Sacraments Whereby 1 Mar. ca. 2. is repealed 1 Eâ—iz ca. 2 Rast Stat. p. 2 f 5. An Act of Vniformity Camd. Annal. fol. 27. and the last Book of Common-prayer c. made in Ed. 6 th time is established with the alteration of some few things By which Law it is provided that spiritual persons that shall use any other service or deprave or speak against the use of that for the first offence being legally Convicted shall lose the profits of his Benefice for a Year and shall suffer six months Imprisonment for the second Offence shall be deprived ipso facto for the third not only deprived but suffer Imprisonment during his Life a Lay person offending in the Premisses shall for the first Offence suffer Imprisonment for a Year without Bail or mainprize and for the second Offence shall suffer Imprisonment during Life Every one that by Enterludes Plays Songs Rhimes or other open words shall speak against any thing in derogation depraving or despising of the same Book or shall any ways maintain any person c. in using any other Service c. or shall hinder or interrupt the use of this Book For the first Offence shall forfeit 100 Marks for the second Offence 400 Marks and for the third Offence shall forfeit all his Goods and Chattels and suffer Imprisonment during Life and for non payment of the 100 Marks in 6 Weeks after his Conviction shall suffer six Months Imprisonment and for non payment of the 400 Marks shall suffer 12 Months Imprisonment without Bail or Mainprize All persons are by this Act required having no reasonable Excuse to resort to their Parish Church or upon reasonable Let to some other place where the service is used upon Sundays and Holy-days upon the Penalty of punishment by the Censures of the Church and 12 d. for every Default And for due Execution of this Act the Queen il â—ean trying the Bishops for being guilty of a Misdemeanor iâ— not complying with a Popish Prince against this Law be justified the Lords Temporal and all the Commons in that Parliament assembled did in God's Name earnestly require and charge the Arch-Bishops Bishops and other Ordinaries that they should endeavour themselves to the utmost of their knowledges that the due and true Execution thereof might he had throughout their Diocess and charges as they would answer before God for such Evils and Plagues wherewith Almighty God might Iustly punish his People for neglecting that good and wholsome Law. All Laws for other Service are hereby made void But may the Papists say Are not imprisonment Premunire and High Treason very great Penalties What Greater To this I answer That there is not any of them inflicted for the first Offence But punishment for the first offence is still but a pecuniary molct The Penalty annâ—â—ed to this Law justified and extends to neither Pillory Loss of Ears striking off hands or death much less death by Fire and Fagor The second Offence is restraint of Liberty and that but Temporary except in one single Case where it is for Life The punishment for the first Offence is no where made a Premunire nor Treason and 't is but in one case that the Party offending is made Guilty of High Treason and that is upon being Convicted of the third Offence too and for that very Offâ—nce the Party incurr'd a Premunire by the Law before And if it be granted me that it is necessary that some kind of Penalties be annexed to inforce obedience to Laws which certainly cannot be denyed these being such gradual Penalties the Papists themselves cannot but own that they are reasonable 5 Eliz. ca. 1 Rast Stat. pt 2. f. 39. An Act to exclude the Popes Pretences to any Authority here in England The reasonableness of it and the Penalties annexed to it The next Act of Parliament I shall take notice of is the Act for the assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions by which Act it is provided That if any person dwelling inhabiting or resiant within the Queens Dominions should after 1 Apr. 1563 by writing c. advisedly and wittingly hold c. maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore usurped within this Realm being lawfully Convicted thereof within a Year should incur a Premunire for the first Offence and High Treason for the Second the like Penalties are annexed to the Refusal of the Oath of Supremacy The reason of the making which Law appears from the Preamble of the Act and the History of those times The Preamble takes notice that Hures Perils Dishonours Inconveniences had before time befallen the Queens Majesties Noble Progenitors Kings of this Realm and the whole estate thereof by means of the Jurisdiction of the See of Rome unjustly claimed and usurped within this Realm and the Dominions thereof and also takes notice of Dangers the Queen and state was then in by the Faâ—ters of the said usurped Power at that time grown to marvellous outrage and Licentious Boldness and therefore it was necessary to have more sharp restraint and correction of Laws then before in the time of the Queens Majesties most mild and merciful Reign had been establish'd Hence it plainly appears that the Parliament thought the Queens Person and the Kingdom in great Danger from the Papists who are all favourers of the Pope's Authority in England and if Cambden may be believed not without reason Cambd Annals fol. 58. for he tells us That Anno Domini 1562 in France the Professors of the Reformed Religion were most grievously afflicted And that thereupon the Papists in England muttered
many and Great matters in secret talk amongst Companies of suppressing in like manner the Protestants in England And every one that is acquainted with the History of those times knows that at the same time that these things were bruited about the Papists here the Guises in France and the Queen of Scots that restless and unwearied Enemy of the Protestant Religion were plotting and Contriving against the Queen and that those Plots and Contrivances of the Queen of Scots were never at an end till the Axe put a period to her Life and them together And how forward the Priests of the Romish Church especially of the Order of Jesuits are to assert the Pope's jurisdiction and bring in and Execute his Bulls here in England is well known amongst Protestants And that this is laid by the secular Priests themselves to the Charge of the Jesuits I shall hereafter make appear So that certainly it must be owned that there was very good reason to make this Law and as for the Penalties they were annexed in terrorem rather than with any design to be inflicted to the ruine of them against whom the Laws were made as plainly appears from the History of the first 12 years of this Queens Reign during which time the Persons of the Papists The Queens mild usage of the Papists notwithstanding these Laws remained in the Kingdom quiet and undisturbed till they themselves gave just occasion for putting these and the Antient Laws of the Kingdom in Execution against them and making further provision by the adding new Laws with more severe Penalties or rather inforcing the Execution of the old ones 1 Foulis Hist of Romish Treasons li. 7. cap. 2. fol. 325. The secular Priests in their important considerations confess not above 12 in 10 years and of those 12 some were attainted of Treason Collections f. 41. Lord Treasurer Burleigh hasserts the same f. 28. Abr. Bzov. de Rom. Pontif. c. 46. p. 621. We don't read in our English Histories of twelve Papists that suffered Death in the 10 first Years of the Reign of Q. Elizabeth nor of any that at any time were executed purely for exercising their Religion But those of them that have been executed have dyed for Treason and Rebellion and Mr. Fowlis tells us that it is confest by Bzovius their Papal Champion that there was not any that suffered in Queen Elizabeths time but did teach the dangerous doctrine that the Pope could depose Kings That the Papists both Clergy and Laity were used by the Queen in the Beginning of her Reign with all the kindness and even tenderness imaginable must be believed if one of the greatest Statesmen of his Age and one of the Wisest Persons this Nation ever bred viz. The Lord Treasurer Burleigh who writ in this Queens Reign can challenge any Credit he saith thus 2 Execution for Treason not for Religion p. 6.7 And though there are many Subjects known in the Realm that differ in some Opinions of Religion from the Church of England and that do also not forbear to profess the same yet in that they do also profess Loyalty and Obedience to her Majesty and offer readily in her Majesties Defence to impugn and resist any foreign force tho' it should come or be procured from the Pope himself none of these sort are for their contrary Opinions in Religion prosecuted or charged with any Crimes or Pains of Treason nor yet willingly searched in their Consciences for their contrary Opinions that savour not of Treason They were not Closetted 3 Dr. Burnet in his Hist of the Ref. gives much the same Account of the usage of these Men. pt 2d lib. 3. f. 396. Cambd. doth so likewise fol. 28 29. his Annals And he instances in several Dr. Heath Arch Bishop of York and Lord Chancellor of England in Queen Mary's time who saith he at the first coming of her Majesty to the Crown shewing himself a faithful and quiet Subject was continued in both the said Offices tho' in Religion then manifestly differing and yet was he not restrained of his Liberty nor deprived of his proper Lands and Goods but leaving willingly both his Offices lived in his own House and enjoyed all his purchased Lands during all his natural Life until by very Age he departed this World and then left his House and Living to his Friends An Example of gentleness never matched in Queen Mary's days The Like did Dr. Pool who had been Bishop of Peterborough Dr. Tonstall Bishop of Duresme these of quiet behavior There were others he tells us Dr. White and Dr. Oglethorp the one Bishop of Winchester the other of Carlisle and Dr. Thurlby and Dr. Watson one Bishop of Ely the other of Lincoln not pressed with any Capital Pain though they maintain'd the Pope's Authority against the Laws of the Realm Mr. Fecknam an Abbot is also Instanced in Some Deans as Dr. Boxall Dean of Windsor a Person of great Modesty and Knowledge Dr. Cole Dean of Pauls a Person more earnest than Wise Dr. Reynolds Dean of Exeter and many such others having born Office and Dignities in the Church and had made profession against the Pope which they began in Queen Mary's time to change yet were they never to this day burdned with Capital pains nor yet deprived of any of their Goods or proper Livelyhoods but only remov'd from their Ecclesiastical Offices which they would not Exercise according to the Laws And most of them for a great while were retained in Bishops houses not in Cole-holes and Dungeons as Bonner entertained the Protestants in the Marian daies in very civil and curteous manner without charge to themselves or their Friends until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm by stirring of Rebellion about which time only some of those aforenamed being found busier in Matters of State tending to stir troubles than was meet for the common quiet of the Realm were removed to other more private places not into Smithfield to be burnt after a pretended Conviction of Heresie in an Arbitrary and Illegal manner Cambd. Annals f. 28. In all England where there are 9400 Ecclesiastical Promotions there were turned out of their Livings Dignities and Bishopricks not above 800 Parsons of Churches 50 Prebendaries 15 Presidents of Colledges 12 Archdeacons as many Deans 6 Abbots and Abbesses 14 Bishops Baker 's Chron. f. 395. Until the twentieth year of Queen Elizabeth's Reign the Papists in England were mercifully connived at while they solemnized their own Rites within their private houses tho' that also were against the Laws The Priests confess the Queen 's mild usage of Papists Lord Burleighs Execution for Treason The Secular Priests important considerations and the Jesuits reasons unreasonable f. 34. The Secular Priests themselves Watson and Bluet confess in their important Considerations wherein they make the Jesuits Plottings and Treasons to be the occasion of making and Executing the
notwithstanding Ridolphus plausible reasoning as he did also a Proposition made to him from Ross by Barker of surprising the Queen at unawares and interrupting the Parliament which was then sitting The Commentary of the Queen of Scots before mentioned being afterwards discovered there the Design appearing I have inserted what Cambden saith she therein discoursed viz. That the French approved of the Conference begun with the Scots and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth and that to no other end but that they might have the better pretence to deny the aid promised for her Restitution That the same French privately opposed her Marriage with Don John of Austria and highly favoured that with Norfolk in hatred to the Spaniards That the Duke of Alva did so far condemn the Design for sending back the Queen of Scots into Scotland that he thought it to be attended with the utter undoing of the Queen and the overthrow of the Catholick Religion in Britain for the Queen being returned into Scotland must of necessity either undergo the danger of being besieged or else hazard a Battel with the Rebels who with the help of the English would soon get her into their power before any foreign Forces could come to her assistance Seeing then she could not be safe in Scotland and from France there was swall hope that being embroiled with Wars within it self he thought it her best Course to fly to the Spaniards help who had proffered her Marriage with Don John of Austria which notwithstanding she would refuse having given her Faith that the Popish Religion in Brittain should be restored by Norfolk as also that her Son should be forthwith conveyed out of Scotland and sent into Spain for so he would be kept in safety and instructed in the Romish Religion from his very Childhood and withal all pretences would be taken from the Scots who Cloaked their Rebellion under his Name That to solicit these matters and to procure foreign assistance Ridolph was to be sent away presently who was to have private directions in any Case to conceal these things from the French. When the Council had received this Commentary and the Letters before mentioned Camb. Annals p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome and one Barker being apprehended had made a full Confession the Duke of Norfolk was committed to the Tower together with Bannister the Dukes Counsellor at Law the Earls of Arundel and South-hampton the Lord Lumley the Lord Cobham and Thomas his Brother Henry Piercy Lowder Powel Goodyear and others who every one of them even the Duke himself confessed the matter The Iniquity of these times and the Love of the Estates of England which were then assembled at Westminster towards their Prince and Country occasioned the making an Act of Parliament whereby certain Offences were made Treason Rast Stat. pt 2. fol. 136. To bold that the Laws and Statutes cannot liâ—â—â— the Crown and bind the Succession Treason during the â—uccâ—s Life and a Premunire ever after The Preamble of this Act takes notice that it was thought the Laws and Statutes of this Realm then in force were not sufficient for the preservation of the Queens person which ought to be provided for and by the Neglecting whereof the Government might be subverted And therefore it was Enacted and provided according to the Tenor of former Laws that if any should attempt the Destructeon or personal Hurt of the Queen or raise War or excite others to War against Her if any Man should affirm that she is not nor ought of right to be deemed Queen of this Realm but that the Kingdom is more justly due to another or should pronounce her to be an Heretick Schismatick or Infidel or should usurp the Right and Title of the Kingdom during her Life or affirm that any other hath right to the Crown or that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof Every such person should be guilty of High Treason during the Queens Life and that after her Death if any person held the Doctrine that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof he should incur a Premunire That if any Man during the Queens Life should by any Book written or printed expresly maintain that any person is or ought to be Heir or Successor to the Queen except the same be the Natural Issue of her Body or should wilfully publish print or utter any Books or Writings to that effect he and his Abettors should for the first Offence suffer Imprisonment for a Year and forfeit the one half of his Goods and for the second Offence incur the Penalty of a Premunire I confess that Keble saith in his Collection of Statutes that this Act of Parliament is expired but what ground he hath for it appears not any where that I can find Keble Stat. fol. 827. either in our History or Law Books so that I take it for so much as was to continue after her death it is in force still not being repealed by any subsequent Statute and therefore certainly who ever holds that Doctrine that the Right of the Crown and the succession thereof cannot be limited and determined by the Laws and Statutes of the Kingdom incurs a Premunire There was also another Act of Parliament made in the same Session the which is intituled an Act against the bringing in and putting in execution of Bulls writings or Instruments and other Superstitions from the See of Rome The Preamble of which Statute recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast Stat. pt 2 fol. 138. Against bringing in Bulls c. from Rome and reconciling and being reconciled to the See of Rome Touching the Abolishing of the Authority of the Bishop and See of Rome and setts out That yet nevertheless divers Seditious and evil disposed People minding not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the Thraldom and subjection of that Foreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange the Minds and Hearts of sundry of her Majesties Subjects from their Dutiful Obedience and raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome and his said See divers Bulls and Writings And sets forth the effect of the said Bull herein before particularly set forth and that by colour of the said Bulls and Writings the said wicked Persons very secretly and most seditiously in such parts of this Realm where the People for want of Instruction were most weak simple and ignorant and thereby furthest
to deliver the Duke out of Prison 14 Eliz. ca. 1. Rast Stat. p. 2. fol. 188. Divers other Conspiracies and Practices there were for delivering the Duke which occasioned a Parliament and the Parliaments making two Acts. One that those who should surprize demolish or burn any of the Queen's Forts should be guilty of Felony And that those who should hold the same by Force against the Queen burn her Ships or stop up her Havens should be guilty of High Treason Another against such as should conspire or practice the inlargement of any Prisoner committed for High Treason which as it is Printed by Rastal is as followeth 14 Eliz. ca. 2. Rast Stat. pt 2. f. 188 Against Conspâ—ring to deliver any imprisoned for Treason Forasmuch as great danger may ensue to the Queens Majesties person and great trouble to the State of the Realm by unlawful Conspiracies Devises and Imaginations to inlarge and set at Liberty such persons as be or shall be committed to any Prison Gard or Custody for any Treason touching the Royal Person of our said Soveraign Lady against which Devices Conspiracies and Imaginations sufficient remedy by the Laws of this Realm hath not been heretofore had nor provided unless the same Conspiracies Imaginations and Devises were Executed and brought to effect Be it therefore Enacted by our said Soveraign Lady the Queen the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that if any person or persons at any time after the end of this present Session of Parliament shall imagine conspire devise invent or go about unlawfully or malitiously to inlarge or set at liberty any person or persons committed or to be committed to any prison gard or custody by her Highness special Commandment for any Treason or suspition of Treason concerning the person of our said Soveraign Lady the Queen before any indictment of such person so sought or intended to be set at large or liberty as is aforesaid and the same conspiracies imaginations devices or inventions shall by express words writing or other matter or act expresly or manifestly set forth utter or declare that then every person so offending shall incur the penalty and forfeiture of Misprision of Treason and that all and every Offence and Offences to be comitted and done as is aforesaid shall be deemed and taken for Misprision of Treason And be it also Enacted by the Authority aforesaid that if any person or persons at any time after the end of this present Session of Parliament shall imagine conspire devise invent or go about unlawfully and malitiously to inlarge or set at liberty any person or persons committed or to be committed to any prison gard or custody being or which hereafter shall be induced of any Treason in any wise concerning the Person of our said Soveraign Lady the Queen and the same conspiracies imaginations devises or inventions shall by express words writing or other matter or act expresly or manifestly set forth utter or declare that then every such person so offending shall be deemed and adjudged a Felon and suffer lose and forfeit as in cases of Felony by the due course of the Laws of this Realm And be it further Enacted by the Authority aforesaid that if any person or persons at any time after the end of this present Session of Parliament shall imagine conspire devise invent or go about unlawfully and malitiously to inlarge or set at liberty any person or persons being committed to any prison gard or Custody after the same person or persons is or shall be attainted or convicted of any Treason in any wise concerning the Royal Person of our said Soveraign Lady the Queen and the same conspiracies imaginations devices or inventions shall by express words written matter or act as is aforesaid set forth utter or declare that then every person so offending shall be deemed and adjudged an High Traitor and shall suffer lose and forfeit as in cases of High Treason by the Laws and Statutes of this Realm This Act was to indure during the Queen's Majesties Life only In the year 1572 Camb. Annals fol. 188. Baker's Chron. f. 347. the Earl of Northumberland was also Executed for his Treason in the Northern Rebellion before mentioned But I find that altho' several Persons were apprehended for offending against 13 Eliz 2. which was made against bringing in Bulls Agnus Dei c. as private Tokens of Papal Obedience and against reconciling any to the See of Rome yet not one was Executed till 1577 which was almost twenty years after the Queen's Accession to the Crown The first that was convicted upon this Law was one Cuthbert Mayne a Priest Cambd. Annals f. 224 225 who being an obstinate Maintainer of the Pope's Power against his Princess was put to Death at St. Stephens Fane commonly called Launston in Cornwel and one Trugion a Gentleman that had harboured him was turned out of his Estate and condemned in perpetual Imprisonment and after him Hanse and Nelson and one Sherwood all for maintaining that the Queen was a Schismatick and Heretick and ought to be Deposed so that from the time of making 13 Eliz. ca. 2. in 1571 to this year of 1577 fair and calm weather shone upon the Papists in England who by a merciful connivance served God according to their own way of Worship in their private Houses in a manner without any Punishment altho ' it were prohibited by the Law by which a pecuniary Mulct was to be inflicted on them neither did the Queen in all this time offer violence to their Consciences nor was she easily to be induced to believe any thing amiss of the people much less to inflict punishments upon them for differing in Opinion being wont to say That she could believe nothing of her people which Parents would not believe of their Children And was not this Clemency and Kindness sufficient to prevail with the Papists to leave off their Plots and Contrivances against her and the Protestant Religion Were not these Laws severe enough to keep them within the bounds of their Duty Will neither Love allure them to Obedience nor threatnings upon so severe penalties as the loss of Life and Estate deter them from offending one might reasonably have expected it Steukly 's Plot. Cambd. Annals f. 230. Baker 's Chron. f. 354. But instead thereof in 1578 for Invading Ireland and England both at once and deposing of Q. Elizabeth who was the strongest Bulwark of the Reformed Religion both the Spaniard and Gregory the thirteenth Bishop of Rome entred into a Confederacy at and by the instigation of one Thomas Steukly a Fugitive herein before mentioned but that design by the Providence of God being defeated In the year 1579 one James Fitz-Morris a Fugitive raised a Rebellion in Ireland Fitz-Morris his Plot. Camb. Annals f. 336. the same James who had not long before been in a Rebellion and was upon
Gregory the 13 th which alwaies afforded new supplies of Priests for England when the old ones failed whose business it was privately to spread the Seeds of Popery here amongst us From whence the Colledges had the name of Seminaries and they called Seminary Priests who were bred up in them In these Seminaries amongst other disputations it was concluded that the Pope hath such fulness of Power by Divine Right over the whole Christian World both in Ecclesiastical and Secular Matters that by vertue thereof it is lawful for him to Excommunicate Kings absolve their Subjects from the Oath of Allegiance and to deprive them of their Kingdoms Out of these Seminaries were sent forth into divers parts of England and Ireland at first a few young men and afterwards more according as they grew up who were entered over-hastily into holy Orders and instructed in the above mentioned Principles They pretended only to administer the Sacraments of the Romish Religion and to preach to Papists but the Queen and her Council soon found that they were sent over underhand to seduce the Subjects from their Allegiance and Obedience due to their Prince to oblige them by reconciliation to perform the Pope's Command to stir up intestine Rebellions under the Seal of Confession and flatly to execute the Sentence of Pius V. against the Queen to the end that Way might be made for the Pope and the Spaniard who had designed the Conquest of England To these Seminaries were sent daily out of England by the Papists in contempt and dispight of the Laws great numbers of Boys and young Men of all sorts and admitted into the same making a Vow to return into England Others also crept secretly from thence into the Land and more were daily expected with the Jesuits who at that time came first into England This occasioned the Queen to issue out a Proclamation Camb. Annals f. 245. Collection f. 42. That whosovever had any Children Wards Kinsmen or other Relations in the parts beyond the Seas should after 10 days give in their Names to the Ordinary and within four Months call them home again and when they were returned should forthwith give notice of the same to the said Ordinary That they should not directly or indirectly supply such as refused to return with any Money That no man should entertain in his House or harbor any Priests sent forth from the aforesaid Seminaries or Jesuits or cherish and relieve them and that whoever did to the contrary should be accounted a favourer of Rebels and Seditious Persons and proceeded against according to the Laws of the Land. Camb. Annals f. 246. Before such time as this was proclaimed the Papists pretended that they were sensible too late of the Inconveniencies by the said Bull and that they were ill pleased that ever it came forth A defence of the same written by the said Nicholas Sanders they cunningly supprest and prohibited the Question concerning the power of the Bishop of Rome in Excommunicating and Deposing of Princes to be publickly disputed Which notwithstanding brake forth every day hotter and hotter amongst them Robert Parsons also and Edmund Campian English-Men and of the Society of Jesus being now ready to come over to advance the Romish affairs in England obtained Power from Gregory the Thirteenth Bishop of Rome for moderating that severe Bull Parsons and Campian sent into England by the Pope to promote the Popish interest here The Faculties themselves are Printed verbatim in English and Latin by the L. Burligh in his Examination for Treason Col. f. 12 13. And by Foulis in his History f. 337. The Character of Parsons and Campian Cambd. An. f. 246. Bakers Chron. f. 356. and that in these words Let there be humbly prayed of our most Holy Lord who is generally the most wicked of the whole Court of Cardinals an Explanation of the Bull Declaratory set forth by Pius the V. against Elizabeth and her adherents to give her the Title of Queen after she was excommunicated would have been to disown their own Doctrine of the Lawfulness to depose and kill Princes which Bull the Catholics i. e. the Romish Rebels and Traytors do desire may be understood in this manner that it may always bind Her and the Hereticks i. e. the Protestants and their Protestants Queen but in no way the Catholicks as matters now stand for they were wise enough to carry on their Cruel Designs and knew well enough that whatever Cruelties they used they should be commended for it whether they had any orders for it or not but only hereafter when publick Execution of the said Bull may be had they doubted not of effecting their enterprize for washing their hands in the Blood of the Protestants these Graces aforesaid the Bishop hath granted to Father Robert Parsons and Edmund Campian who are now to take their Journey into England the Fourteenth day of April 1580. in the Presence of Father Oliver Manarcus Assistant This Parsons was of Somerset-shire a violent fierce natur'd Man and of rough behaviour Campian was a Londoner of a sweet disposition and a well pollish'd Man both of them were by Education Oxford Men and known there to Cambden himself as he avers Campian being of St. John's Colledge bare the Office of Proctor of the University in the Year 1568. and being made Deacon made a shew of the Protestant Religion he withdrew himself out of England they can turn themselves into all shapes to carry on their Barbarous and Cruel Conspiracies against the Protestants and the true Religion which they profess Modern Instances of this we have not a few Parsons was of Balliol Colledge wherein he openly professed the Protestant Religion until he was for his loose carriage Expell'd with disgrace and went over to the Papists and it hath been observed by many and that very truly that they who go over from the Protestant to the Popish Religion are generally Men of very vitious and loose Lives These two coming privately into England Travelled up and down the Country and to Popish Gentlemens Houses Covertly and in the disguised Habits sometimes of Souldiers sometimes of Gentlemen sometimes of Ministers of the Word and sometimes of Apparitors diligently performing what they had in Charge both in word and writing Parsons who was Constituted Superior being a Man of a Seditious and Turbulent Spirit and Armed with a Confident Boldness tampered so far with the Papists about deposing the Queen that some of them Cambden saith he speaks upon their own Credit thought to have delivered them into the Magistrates hands Campian the more modest yet by a written Paper Challenged the Ministers of the English Church to a Disputation and published a Neat well-pen'd Book in Latine called Ten Reasons in Defence of the Doctrine of the Church of Rome And Parsons put out another virulent Book in English against Clark who had soberly written against Campian's Challenge but to Campian's Reasons Whitaker gave a solid Answer Campian himself
a Committee to prepare Bills And that Session there was an Act of Parliament made that is intituled 23 Eliz. ca. 1. Rast Stat. 2. part f. 243. An Act to retain the Queens Majesties Subjects in their due Obedience which Act recites That where since the making of the 13th of the Queen Ca. 2. divers evil affected Persons have promised contrary to the meaning of the said Statutes by other means then by Bulls or Instruments written or printed to withdraw divers the Queens Majesties Subjects from their natural Obedience to Her Majesty and to obey the usurped Authority of Rome and in respect of the same to perswade great Numbers to withdraw their due Obedience to Her Majesties Laws established for the due Service of Almighty God. It is thereby enacted that they should be guilty of High Treason Treason in Reconciler and Reconciled to the Church of Rome who should diswade the Subjects from their Obedience to their Prince and from the Religion established in England or should reconcile them to the Church of Rome as also those who should be diswaded or reconciled those also who should say Mass were to be fined 200 Marks and to suffer Imprisonment for a Year or longer if they paid not the Money they who should be wittingly and willingly present at Mass were to be fined 100 Marks and to suffer Imprisonment likewise for a Year and they who refused to frequent Divine Service are to forfeit 20 Pounds a Month but there must in every Case a legal Conviction precede From the History of the Papists Conspiracies and the Queens Carriage towards them during these last ten Years whereof I have given an Account I cannot but observe 1. That the Papists are a most perverse and disingenuous Generation of Men who never have lived nor is it to be believed ever will in Obedience to any Prince who is not of their own Religion 2. That notwithstanding their many Treasons and Rebellions in England and Ireland against Queen Elizabeth yet in ten years time there were not above five executed upon any of the Penal Laws made against them and that she was hardly prevailed upon to execute any of them although for the most apparent Treason and would not have yielded but that it appeared necessary for the Preservation of her self her Protestant Subjects and the Protestant Religion 3. That therefore the Penal Laws were not made so much with design to offend the Papists as to defend the Queen and her Government from the Treasons Rebellions Outrages and Violences every where committed by the Papists stirred up and egged on by the Seminary Priests Jesuits and sent hither for that very Purpose 4. That notwithstanding all their Plots and Contrivances there was no restraint upon their exercising their Religion in their own private Families nor no Prohibitions of saying or hearing Mass till this last Act of Parliament was made which was extorted from the State by their horrid Abuse of their former Liberty So that he that denies the Reasonableness of those Penal Laws against Papists must one would think offer Violence to his own Reason But yet least the Papists should object and any weak Protestant think with too great Colour of Reason that these Facts are the Relation of Protestant Historians who will be sure to write all things with the greatest plausibleness and shew of Reason and Justice on their own side and will be sure to blacken and villifie the Papists as much as they are able although they have never so little reason so to do I shall to back what I have related from our own Historians and to convince all mankind that it is true subjoyn what the Seeular Priests themselves in their important Considerations have owned was the true ground and reason of making this Act of Parliament of 23 Eliz. Cap. 1. and because the Papists shall not say I bely mis-construe or misrepresent them take it in their own Words Col. f. 39. The Secular Priests Confession Of the Pope the Spaniard and Duke of Norfolk's Plot. Steukley's Plot. Furthermore about the coming out of the said Book of Mr. Saunders they had been in the Paragraph before complaining of Mr. Saunders his Writing a Book De visibili Monarchia whereby he justified the Bull of Pope Pius Quintus and the Rebellion in the North and many other such like things the whole Plots before mentioned of the Pope and the King of Spain with the Duke of Norfolk for the Disinheritance of her Majesty and other intended Mischiefs fell out to be fully disclosed afterwards within some four or five years it was also commonly known to the Realm what Attempts were in hand by Mr. Steukley assisted with Mr. Saunders and other Catholics both English Irish and Italians for an Enterprise by force in Ireland under a pretence to advance the Catholic Religion which for that time through some Defect succeeding not the Pope himself The Popes Invading Ireland in 1579. in the Year 1579. abused still by false Pretences did set forward that Course and sending thither certain Forces Mr. Saunders too much Jesuited did thrust himself in Person into that Action as a chief Ring-leader and to perswade the Catholics when he should come into Ireland to joyn with the Popes said Forces for the better assisting certain Rebels then in Arms against their Soveraign Now whilst these Practises were in hand in Ireland The Queen Excommunicated by Gregory 13th Gregory the Thirteenth reneweth the said Bull of Pius Quintus and denounceth her Majesty to be excommunicated with Intimations of all other particulars in the former Bull mentioned which was procured we doubt not by Surreptions the false Jesuits our Country-men daring to attempt any thing by untrue Suggestions and any leud Surmises that may serve their turns This Stratagem accomplisht and ground laid whereupon they imagined to work great Matters these good Fathers as the Devil would have it came into England and intruded themselves into our Harvest being the Men in our Consciences we mean both them and others of that Society with some of their Adherents who have been the chief Instruments of all the Mischiefs that have been intended against her Majesty since the beginning of her Reign and of the Miseries which we or any other Catholics have upon these Occasions sustained Their first repair hither was Anno 1580. when the Realm of Ireland was in great Combustion Parsons and Campians coming into England in 1580. and then they entred viz. Mr. Campian the Subject and Mr. Parsons the Provincial like a Tempest with sundry such great Brags and Challenges as divers of the gravest Clergy then living in England Dr. Watson Bishop of Lincoln and others did greatly dislike them and plainly foretold that as things then stood their Proceedings after that fashion would certainly urge the State to make some sharp Laws which should not only touch them but likewise all others both Priests and Catholics upon their Arrival and after these brags Mr.
Parsons presently fell to his Jesuitical Courses and so be-laboured both himself and others in matters of State how he might set her Majesties Crown upon another Head as appeareth by a letter of his own to a certain Earl that the Catholics themselves threatned to deliver him into the hands of the Civil Magistrate except he desisted from such kind of practices In these tumultuous and rebellious proceedings by sundry Catholics both in England and Ireland it could not be expected but that the Queen and the State would be greatly incensed with indignation against us We had some of us greatly approved the said Rebellion highly extoll'd the Rebels and pitifully bewailed their Ruin and Over-throw Many of our affections were knit to the Spaniards and for our Obedience to the Pope we all do profess it The attempts both of the Pope and Spaniard failing in England his Holiness as a temporal Prince The Popes Banner displayed in Ireland to depose the Queen displayed his Banner in Ireland This Plot was to deprive Her Highness first from that Kingdom if they could and then by degrees to depose her from this In all these Plots none were more forward then many of us that were Priests The Layity if we had opposed our selves to these designments would out of doubt have been over-ruled by us How many of our Calling were addicted to these Courses the State knew not In which Case the premises discreetly considered there is no King or Prince in the World disgusting the See of Rome and having either force or Metal in him The Queen Vindicated and commended that would have indured us if possible he could have been revenged but rather as we think have utterly rooted us out of his Territories as Traytors and Rebels both to him and his Country And therefore we may rejoyce unfeignedly that God hath blessed this Kingdom with so gracious and merciful a Soveraign who hath not dealt in this sort with us Assuredly if she were a Catholic she might be accounted the Mirrour of the World but as she is both we and all other Catholics her natural Subjects deserve no longer to live then we hereafter shall Honour her from our Hearts obey her in all things so far as possibly we may pray for her Prosperous Reign and long Life and to our Powers defend and Protect both her and our Country against any whatsoever that shall by force of Arms attempt to damnifie either of them for in the said Garboils and very undutiful Proceedings how hath her Highness dealt with us From the time of the said Rebellion and Parliament The Papists themselves confess not above twelve Executed in ten years there were few above twelve that in ten Years had been Executed for their Consciences as we hold altho our Adversaries say for Treason and of those twelve some parhaps can hardly be drawn within our Account having been tainted with matters of Rebellion The most of the said number were Seminary Priests who if they had come over with the like intents that some others have done might very worthily have been used as they were But in our Consciences nay some of us do know it that they were far from those Seditious humours being Men that intended nothing else then simply the good of our Country and the Conversion of Souls Marry to say the Truth as we have Confessed before how could either her Majesty or the State know so much They had great Cause as politic Persons to suspect the worst Besides to the further Honour of Her Majesty we may not Omit that the States of the whole Realm Assembled in Parliament Anno 1576. Were pleased to pass us over and made no Laws at that time against us The Antient Prisoners that had been restrained more narrowly in the Year 1570. were notwithstanding the said Enterprizes in Ireland again restored to their former Liberty to continue with their Friends as they had done before such as were not suspected to have been Dealers or Abettors in the said Treasonable Accounts were used with that humanity which could not well be expected But when the Jesuits were come and that the State had notice of the said Excommunication there was then within a while great alteration for such were the Jesuits proceedings and with so great boldness as tho all had been theirs and that the State should presently have been changed Her Majesty had seen what followed in her Kingdom upon the first Excommunication and was therefore in all worldly Policy to prevent the like by the second The Jealousie also of the State was much increased by Mr. Sherwin's answer upon his Examination The Jesuits indirect answering of plain Questions above Eight Months before the Apprehension of Mr. Campian For being asked whether the Queen was his lawful Soveraign notwithstanding any Sentence of the Popes he prayed that no such Question might be demanded of him and would not further thereunto Answer Two or three other Questions much to the like effect were likewise propounded unto him which he also refused to Answer Matters now sorting on this fashion there was a greater restraint of Catholics then at any time before many both Priests and Gentlemen were sent into the Isle of Ely and other places there to be more safely kept and looked unto The Queen's Proclamation upon the coming over of the Jesuits Seminary Priests This is a Mistake for the Law made by this Parliament was 23. Eliz. Cap. 1. that made it Treason in converter and converted to the Church of Rome and the Law here mentioned is 27. Eliz. Cap. 2. In January following 1581. according to the general Computation a Proclamation was made for the Calling home of Her Majesties Subjects beyond the Seas such especially as were trained up in the Seminaries pretending that they Learned little there but disloyalty and that none after that time should harbour or relieve them with sundry other Points of hard intendment toward us The same Month also a Parliament ensued wherein a Law was made agreeable in effect to the said Proclamation But with a more severe punishment annexed for it was a Penalty of Death for any Jesuit or Seminary Priest to repair into England and for any to receive or entertain them which fell out according to Bishop Watsons former Speeches or prediction what mischiefs the Jesuits would bring upon us We could here as well as some others have done shew our dislike with some bitterness of the said Law and Penalty But to what purpose should we do so It had been a good Point of Wisdom in two of three Persons that have taken that course to have been silent and rather to have thought by gentleness and sweet Carriage of themselves to have prevented the more sharp Execution of that Law then by exclaiming against it when it was too late to have provoked the State to a greater severity against us And to confess something to our disadvantage and to excuse the said Parliament If all
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined tending to the Hurt of Her Majesties Royal Person by any Person or with the Privity of any Person that shall or may pretend Title to the Crown of this Realm That then by Her Majesties Commission under Her Great Seal the Lords and others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or any of Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all Her Highnesses Subjects shall and may lawfully by virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means any such detestable Fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid That the Lords and others Commissioners to try such Traitors in case the Queen should be killed which shall be of Her Majesties Privy Council at the time of such her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be Persons that may make any Title to the Crown those Persons which were Chief Iustices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner of such Her Majesties Death and what Persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that Behalf be needful and convenient but also to use all other Means and things possible and necessary for the maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or stirred in disturbance of the due Execution of this Law by any Person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the Effect and true Meaning of the same That then every Person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto them for assistance as is aforesaid in all things to be done and executed according to the Effect and Intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor of this Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions
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
* Allen before named worthy Man but by the perswasions as they think of Parsons greatly disliked of many both Wise and Learned And especially it was wondred at a while until the Drift thereof appeared more manifestly in the year 1588 that the said worthy Person laid down this for a ground in justifying the said Stanley viz. that in all Wars which may happen for Religion every Catholick Man is bound in Conscience to employ his Person and Force by the Popes Direction viz. how for when and where either at home or abroad he may and must break with his Temporal Soveraign Let us now see what was further doing by the Pope and the Papists against the Protestant Queen and the Protestant Religion in England in the Year 1588 and we shall doubtless see very good reason for making the Statute of 35 Eliz. Ca. 2. which was the last Law that was made against them in Queen Elizabeths time The Pope some Religious Persons in Spain and several English Fugitives The Pope plotting again Camb. Annal. f. 402. Baker's Chron. f. 374. had called back the Spaniard to his former Designs for the Conquest of England which had been interrupted by the Portugal Wars earnestly exhorting him that seeing God had given him Success in laying Portugal and the East-Indies to his Dominions he would do something which should be acceptable to God and becoming the Grandeur and Majesty of the Catholic King that nothing could be more then the propagating and enlarging the Church of God which could not be more gloriously nor more meritoriously done then by the Conquest of England re-planting the Roman Catholic Religion and abolishing Heresie there They suggested that this War would be just because it was necessary as also because it was for the Maintainance of Christs Religion in regard That the Queen of England being excommunicate persisted contumaciously against the Church of Rome supported his Rebels in the Netherlands annoyed the Spaniards by continual Depredations suppressed and sackt his Towns in Spain and America and had very lately put the Queen of Scots to Death violating thereby the Majesty of all Kings That it would be no less profitable than just for so he should add to his Empire those three Kingdoms quell the Rebellion in the Low Countries secure his Voyages to the Indies without the Expence of Convoys To prove this they suggested that the Spanish Navy did far exceed the English in Number Largeness of Ships and Strength especially considering the Addition of the Portugal Fleet that England had no Forts nor defences that it was unprovided of Commanders Souldiers Cavalry and Munition bare of Wealth and Friends that there were many Papists who would presently joyn with him that so great was the Strength of Spain and so unmatchable their Valour that none durst oppose them and confidently assured themselves of Victory That this Opportunity was offered by God himself a Peace being then concluded with the Turk and the French embroiled in a Civil War That the Conquest of England would be far easier than the Netherlands in respect the Cut from Spain to England was much more short and convenient than from Spain to the Netherlands That in order to the Conquest of the Netherlands it was necessary first to conquer England and that England being once conquered the Low-Countries must of necessity be subdued The Spanish King being perswaded to believe all this resolves on the Attempt The Contrivance of the Spanish Invasion Camb. Annal f. 403 404. and the next thing considered was in what Way and Means to effect it And the Method agreed on was to do it with a well-provided Army from Spain and the Low-Countries to be landed by a powerful Navy at the Thames Mouth in order to surprize the City of London by a sudden Assault this being resolved on the Preparation was made which was so great throughout all Spain Italy and Scicily that the Spaniards themselves were amazed at it and named it the Invincible Armada Their Cause the Armada and Army they recommended to the Pope and to the Prayers of the Catholics to God and the Saints and set forth a Book in Print for a Terror wherein the whole Preparation was set down The Prince of Parma also in the Netherlands by the Spanish Kings Command built Ships and many Flat-bottomed Boats and other great Preparations in the Sea Towns of Flanders he had an Army of an hundred and three Companies of Foot and four thousand Horse amongst which were one thousand English Fugitives who of all others were least esteemed neither was * Sir William Stanley before named Stanley who had the Command of them nor others who offered their Service and Council once heard but for their unnaturalness to their Country they were debarred from all access and as most inauspicious Persons worthily and with Detestation rejected The Spanish Navy in the whole consisted of one hundred and thirty Ships whereof Galliasses and Galleons seventy two in which were Souldiers nineteen thousand two hundred and ninety Camb. Annal. f. 410. Baker's Chron. f. 374. The Number of the Armada Marriners eight thousand three hundred and fifty Gally Slaves two thousand and eighty great Ordinance two thousand six hundred and thirty for the greater Holiness of their Action twelve of their Ships were called the twelve Apostles the chief Commanders were Don Alphonso Duke of Medina and John Recalde a great Sea-man Sixtus Quintus Curseth Queen Elizabeth Foulis Hist li. 7. ca. 6. f. 350. Camb. Annals f. 410. Sixtus Quintus the Pope that he might not seem to be wanting in so good a Cause did not only assist with his (a) Ant. Cicarella in vità Sexti V. Allen sent into the Netherlands to carry on the Design Treasure but his Papal Curse to boot whereby he excommunicated the Queen dethroned her absolved her Subjects from all Allegiance and published his Croisado in Print as it were against Turks and Infidels wherein out of the Treasure of the Church he granted plenary Indulgences to all that gave their Help and Assistance with this goodly Stuff William Allen a little before made a Cardinal an English-man and an old Traitor to the Queen was sent into the Netherlands the better to encourage the English Romanists to Rebellion Allen pulls out his Papal Tool which he forgeth into a Pamphlet in the English Language which he prints at Antwerp calling it The Declaration of the Sentence of Sixtus Quintus Their Methods And as a farther Interpretation of the Papal Intent and the better to ingage the English to Rebellion he joyns a second Part to it called An Admonition to the Nobility and People of England And that the Reader may better understand the Honesty of the Paper take the Sum of it thus Em. Meteram Hist Belg. lib. 15. p. 473 474. Sam. Purchas Pilgrims vol. 4. l. 10. c. 11. p. 1895 1896. It begins with Calling the Queens Government impious and unjust her self an
penalty twenty Pounds forfeiture for not burying according to the Rites of the Church of England Children sent beyond Seas without Lycense are disinherited and disabled to take any Lands or Personalty by Gift Conveyance Descent Devise or otherwise till they take the Oath of Allegiance a hundred Pound penalty for sending them Soldiers Marriners Merchants their Apprentices or Factors excepted Popish Recusants convict are disabled to dispose of any of their Ecclesiastical Livings but the Chancellor and Schollars of Oxford and Cambridge have the right of Presentation Nomination c. but none to be presented who hath a Benefice with cure of Souls Papists are disablede from being Executors Administrators Guardians No Person to bring from beyond Sea Print Sell or Buy any Popish Primers Ladies Psalters c. upon the Penalty of Forty shillings for every such Book two Iustices of Peace within their Iurisdiction Bayliffs and chief Officers of Cities and Towns may search for popish Books and what are found they may burn Papists Armor shall be seized other then what is Iudged by the Iustices absolutely necessary for the defence of their Houses If they refuse to permit a Search to delivet Armor or Munition when t is found they forfeit the Armor and Munition and are to suffer three Months imprisonment without Bayl or Main-prize they must maintain their Armor notwithstanding it be taken away Ecclesiastical Censures are saved Vid. Roger Widdringtons Theological Disputation Epist Dedicat. to Pope Paul 5. S. 6. No sooner was this Oath and these Acts of Parliament made and published but the Romish Priests fall a Caballing Consulting what they and their Friends ought to do in this Case Of these George Blackwell was Chief his Title ran thus George Blackwell by the Grace of God and the Ordinance of the See Apostolick Arch-Priest of England He and several other Priests agreed the Oath was Lawful and might with a safe Conscience be taken by Papists But this was opposed by certain Jesuites and some other Priests which begot a great Feud and Contest amongst their own Party The Pope and his Assistants were against taking the Oath as if it were enough to overthrow their whole Religion and out thunders the Pope a Breve Right or Wrong expresly Commanding the English not to take the said Oath upon any Account whatsoever part of which Breve is Printed in Foulis in English and Latine which take as it is there The Popes 1st Bull against taking the Oath of Allegiance Foulis Hist l. 10. cap. 3. f. 927. Dilecti filli Salutem Apostolicam Benedictionem MAgno Animi maerore nos semper affecerunt tribulationes calamitates quas pro retinenda Catholica fide jugitur sustinvistis Sed cum intelligamus omnia hoc tempore magis exacerbari afflictio nostra mirum in modum aucta est c. Non potestis absque evidentissima gravissimaque divini honoris injuria obligare vos juramento quod fimiliter maximo cum cordis nostri dolore audivimus propositum vobis fuisse Prestandum Here was inserted the Oath it self infra scripti Tenoris viz. Ego A. B. c. Quae cum ita sint vbis ex verbis ipsis perspicuum esse debet quod bujusmodi juramentum salva fide Catholica salute animarum vestrarum perstari non potest cum multa contineat quae fidei saluti aperte adversantur propterea admonemus vos ut ab hoc atque similibus juramentis prestandis omnino caveatis quod quidem eo acrius exigemus à vobis quia experti vestrae fidei constantiam quae tanquam aurum in fornace perpetuae tribulationis igne probatum est Procomperto habemus vos alacri aâ—imo subituros esse quaecunque atrociora tormenta ac mortem denique ipsam constanter appetituros potius quam Dei Majestatem ulla in re taedatis c. Precipimus vobis ut illarum Litterarum verba ad amussim servetis simpliciter prout sonant jacent accipitis intelligatis sublata omni facultate illa aliter interpretandi c. Datum Romae apud Sanct. Marcum sub Annulo Piscatoris X. Kalend. Octob. 1606. Pontificatus nostri Anno Secundo Dearly beloved Sons Greeting and Apostolical Benediction THe Tribulations and Calamities which you have continually sustained for the keeping of the Catholick Faith hath always afflicted us with great Grief of mind but forasmuch as we understand that at this time all things are more grievous our affliction hereby is wonderfully encreased c. You cannot without most evident and grievous wronging of Gods honour bind your selves by the Oath which in like manner we have heard with very great Grief of heart is admitted unto you of the Tenor following viz. I A. B. c. Which things since they are thus it must evidently appear to you that such an Oath cannot be taken without wrong to the Catholick Faith and the Salvation of your Souls seeing it contains many things plainly contrary to Faith and Salvation wherefore we admonish you that you do utterly abstain from taking this and the like Oaths Which thing we the more earnestly require of you because we have experience of the Constancy of your Faith which is tryed like Gold in the Fire of perpetual Tribulation we do well know that you will chearfully undergo all kind of cruel Torments whatsoever yea and constantly endure Death it self rather then you will in any thing offend the Majesty of God c. We Command you that you do exactly observe the words of those Letters and that you take and understand them simply as they Sound and as they Lye all Power to interpret otherwise being taken away c. Dated at Rome at St. Marks under the Signet of the Fisher the 22 d. of Septemb. 1606. the 2 d. Year of our Popedom This Breve was presently sent into England notwithstanding it was High Treason to bring it but divers of the Papists having then taken the Oath were unwilling to believe that the Pope himself sent it but that it was * Foulis f. 527. Surreptitiously procured without the Popes knowledge whereupon the Pope to let them know that tho' the Pope might die yet the Bloody and barbarous Tenets and Doctrines of the Popedom were as lasting as the Popedom it self to satisfie those who doubted of the Reality of the former he sent another into England which follows as Foulis relates it Dilecti filii Salutem Apostolicam Benedictionem REnunciatum est nobis reperiri non nullos apud vos qui cum satis Declaraverimus per literas nostras Anno superiore X. Kalend. Octob. in forma Brevis datas vos tuta Conscientia prestare non posse juramentum quod a vobis tunc exigebatur praeterea triste preceperimus ne ullo modo illud praestaretis Nunc dicere audent hujusmodi literas de prohibitione juramenti non ex amini nostri Sententia nostraque propria voluntate scriptas fuisse sed potius aliorum
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
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
without any evasion equivocation or mental reservation whatsoever and without any dispensation already granted me for this purpose by the Pope or any other Authority or Person whatsoever or without any hope of any such dispensation from any Person or Authority whatsoever or without thinking that I am or can be acquitted before God or Man or absolved of this Declaration or any Part thereof although the Pope or any other Person or Persons or Power whatsoever should dispence with or annul the same or declare that it was null and void from the beginning The same Oaths and Declarations to be made in every succeeding Parliament in full House that all members of Parliament not swearing and declaring as aforesaid and Popish Recusants convict are forbidden the Kings and Queens presence That if any Member of the House of Peers or Commons do any thing contrary to this Act or shall offend in any of the Cases aforesaid such Member should be thenceforth judged a Popish Recusant Convict and should be disabled to hold or execute any Office in any of his Majesties Dominions and likewise to sit and â—ote in either House of Parliament or make his Proxy in the House of Peers or in prosecute any suit in Law or Equity or to be Guardian to a Child or Executor or Administrator to any Person and uncapable of any Legacy Deed or Gift and should fofeit for every willful offence against this Act the sum of Five hundred Pounds to be recovered by whomsoever would sue for the same and to be prosecuted in any of his Majesties Courts where no Essoin Protection or Wager of Law should lye that either House of Parliament may cause any of their Members to swear and subscribe as aforesaid and upon their sitting without taking the same they should be adjudged disabled in Law to all intents whatsoever to sit or vote in the said Houses during that Parliament That the Places of Members of the House of Commons disabled to vote should be void and new Writs issue out for new Elections that the King and Queens sworn Servants should swear as aforesaid and subscribe the Declaration and that if after refusal of the same they presumed to come into their Majesties presence they should be disabled to hold any place and incur the Penalties aforesaid Nothing contained in this Act to relate to the Subjects of the King of Portugal being in the Queen Dowagers service not exceeding the number of eighteen at one time That during the taking the Oaths all proceedings in Parliament should cease and the Oaths c. and Names of the Persons who should take them should be entred in Parchment Rolls and for every such entry not above the sum of Twelve pence to be paid This Act not to extend to such who come into the King or Queens presence being Licensed by six Privy-Counsellors upon some urgent occasion therein to be expressed and such License not to exceed Ten days at a time and not above Thirty days in a Year That all offenders against this Act that shall take the said Oaths c. shall be discharged and freed from all Penalties and Incapacities incurred thereby but such freedom and discharge not to extend to restore any such person to any office or place filled upon voidance by this Act nor to any other Officer till after the Expiration of one Year from taking the said Oath c. nor to discarge the said forfeiture of Five hundred Pounds as aforesaid nothing in this Act to extend to the then Duke of York Thus I have given an Historical Account of the making of these Laws and of the Laws themselves and as they were highly reasonable in their Making so certainly it is as highly reasonable to continue them if the attemps of the Popish party under King James the Second be duly weighed which were carried so far that the Protestant Religion had been inevitably destroyed with the Professors thereof had not we been redeemed out of their hands by the Conduct and Valour of his present Majesty to whom under God we owe our Deliverance and therefore can never sufficiently express our gratitude He hath given sufficient Testimony of his Zeal for the Protestant Religion and therefore it is reasonable to believe that he will readily concur to the Making any Laws that shall be thought fit to preserve it I know of but one and that is Castration of all Priests and Jesuites when ever they are found here and breeding up the Children of Papists in the Protestant Religion Which I humbly offer to the Consideration of the Parliament for I believe this will terrify them more than Gallows or Galleys And how necessary it is for this Kingdom to rid themselves of this Vermin every one sees but they that are either Papists or so blinded with hopes or expectations of the late Kings return that they neither can nor will see And now methinks I hear some of the Church of England tell me I have shewn the reasonableness of the Laws against the Papists but have not said one word in vindication of the Laws against the Dissenters who have been as violent against the Church of England as ever the Papists were and the Laws against them are equally as just To this I give this Answer that I ways alwas of Opinion that the differences between the Church of England and the Dissenters have been made and carried on by the Papists And I wish there were not too much truth in it that the Papists influenced the Counsels when the Laws were made against the Dissenters I am sure a very Learned Pen * Dr. Sherlock of the Church England own'd the putting them in severe Execution the last seven or eight years to have proceeded from Popish Councils And I doubt not but the severe usage of the Church of England by the Dissenters when in Power was promoted by the same Party Since therefore the Papists can transform themselves into all shapes to promote differences amongst Protestants in order to their Ruine it can't certainly but be honest Policy for the Protestants in order to the preservation of the whole to unite against them as the common Enemy And therefore as we who are Lawyers never love to go to Law especially with one another so the Protestants in England under the denomination of the Church of England and Dissenter being now pretty even as to severities on both hands let them no more quarrel but shake hands and be friends which will tend more to the preservation of the true Religion amongst us than all the Laws that can be made FINIS