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
then called a Puritan and Sir Walter Raleigh a States-man and Souldier and Fowlis saith troubled with no more Religion than would serve his interest and turâ— The design it self Fowlis Hist. li. 10. ca. 1. f. 499 500. Bakers Chron. f. 405. VVilsons Hist f. 4. The design was to set the Crown on the Head of the Lady Arabella or to seize on the King and make him grant their desires and a Pardon to raise a Rebellion and alter Religion and Government and in order thereunto to procure aid and assistance from Foreign Princes to turn out of the Court such as they disliked and to place themselves in Offices Watson was to have been Lord Chancellor George Brook Lord Treasurer Sir Griffith Markham Secretary of State Lord Grey Master of the Horse and Earl Marshal of England for the more secure carrying on these designs Watson drew up an Oath of Secrecy which they all took But all is discovered they are Apprehended Examined and Tryed in November 1604 at their Tryal they insisted that this could not be Treason because the King was not then Crowned but this Plea was soon over-ruled and they legally Convicted of the Treason and Watson Clark and George Brook were Executed the rest finding Mercy the King being loath to soil his Throne with Blood and therefore spilt no more then was absolutely necessary The Lord Grey dyed in the Tower the last of that Line (a) Said to lose his Life to gratify Gondamor Bakers Chron. f. 516. Wilson f. 115 116 117. Raleigh was beheaded in 1618. The rest were discharged of Imprisonment but dyed miserably poor Markham and some others abroad but Cobham as we * Osborns Traditional Memoires of King James p. 12. are told in a Room ascended by a Ladder at a Poor Womans house in the Minories formerly his Landress dyed rather of Hunger than a Natural disease This Conspiracy gave occasion for the Kings looking about him and taking such measures as might secure his Person and Government against such attemps for the future and perceiving that swarms of Priests came every day over from the Foreign Seminarys he suspected some mischief was a hatching and therefore issued out his Royal Proclamation against Jesuits which I find related by Wilson in these Words Having after some time spent in setling the politick Affairs of this Realm of late bestowed no small Labour in Composing certain Differences we found among our Clergy about Rites and Ceremonies heretofore established in this Church of England King James 1st his Proclamation against Jesuits Wilsons Hist. f. 9. and reduced the same to such an Order or Form as we doubt not but every Spirit that is led only with Piety and not with Humour should be therein satisfied it appears unto us in debating these Matters that a greater Contagion to our Religion then could proceed from these light Differences was imminent by Persons common Enemies to them both Namely the great numbers of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to the Crown as of such as have resorted hither since using their Functions and Professions with greater Liberty then heretofore they durst have done Partly upon a vain Confidence of some Innovation in Matters of Religion to be done by us which we never intended nor gave any Man cause to suspect and Partly from the assurance of our general Pardon granted according to the Custom of our Progenitors at our Coronation for Offences past in the Days of the late Queen which Pardon 's many of the said Priests have procured under our Great Seal and holding themselves thereby free from Danger of the Laws do with great Audacity Exercise all Offices of their Profession both saying Masses and perswading our Subjects from the Religion established reconciling them to the Church of Rome and by Consequence seducing them from their Duty and Obedience to us wherefore we hold our selves obliged both in Conscience and Wisdom to use all good means to keep our Subjects from being affected with superstitious Opinions which are not only pernicious to their own Souls but the ready way to corrupt their Duty and Allegiance which cannot be any way so safely performed as by keeping from them the Instruments of that infection which are Priests of all sorts ordained in Foreign parts by Authority prohibited by the Laws of the Land concerning whom we have thought fit to publish unto all our Subjects this open Declaration of our Pleasure c. Willing and Commanding all manner of Jesuits Seminaries and other publick Priests having Ordination from any Authority by the Laws of this Realm prohibited to take notice that Our Pleasure is that they do before the nineteenth of March next depart forth of Our Realm and Dominions And to that purpose it shall be Lawful for all Officers of our Ports to suffer the said Priests to depart into foreign parts between this and the said nineteenth Day of March admonishing and assuring all such Jusuits Seminaries and Priests of what sort soever that if any of them after the said time be taken within this or any of our Dominions or departing now upon this our Pleasure signified shall hereafter return into this our Realm or any of our Dominions again they shall be left to the Penalty of the Laws here being in force concerning them without hope of any Favour or Remission from us c. Which tho' perhaps it may appear to some a great Severity towards that sort of Our Subjects Yet doubt we not when it shall be be considered with indifferent Judgment what Cause hath moved us to this Providence all Men will justifie us therein for to whom is it unknown into what peril our Person was like to be drawn and our Realm into Confusion not many Months since by Conspiracy First conceived by Persons of that sort Which when other Princes shall duly observe we assure our selves they will no way conceive that this Alteration proceedeth from any Change of Disposition but out of Providence to prevent the Perils otherwise inevitable considering their absolute Submission to foreign Jurisdiction at their first taking Orders doth leave so conditional an Authority to Kings over their Subjects as the same Power by which they were made may dispense at Pleasure with the strictest bond of Loyalty and Love between a King and his People Among which foreign Powers though we acknowledge our self personally so much beholden to the now Bishop of Rome for his kind Offices and private temporal Carriages towards us in many things as we shall be ever ready to requite the same towards him as Bishop of Rome in state and condition of a Secular Prince yet when we consider and observe the Course and Claim of that See We have no reason to imagine that Princes of our Religion and Profession can expect any assurance long to continue unless it might be asserted by Mediation of other Christian Princes that some good Course might be
of Parliament because they yet strengthen and confirm the Truth of the said Conspiracy and that they do so must be confest unless Men will fly in the Face of that Parliament I have here inserted as I find the same in Rastal's Statutes The First is Intituled An Act for publick Thanks-giving to Almighty God every Year on the Fifth Day of November FOrasmuch as Almighty God hath in all Ages shewed his Power and Mercy 3 Jac. 1. ca. 1. Rast Stat. 2. Part. f. 588. The Act for keeping the Fifth of November yearly as a Day of Thanks-giving in the Miraculous and Gracious Deliverance of his Church and in the Protection of Religious Kings and States and that no Nation of the Earth hath been blessed with greated Benefits than this Kingdom now enjoyeth having the true and free Profession of the Gospel under our most gracious Sovereign Lord King James the most Great Learned and Religious King that ever reigned therein enriched with a most hopeful and plentiful Progeny proceeding out of his Royal Loyns promising Continuance of this Happiness and Profession to all Posterity and the which many malignant and devilish Papists Iesuits and Seminary Priests much envying and fearing conspired most horribly when the Kings most excellent Majesty the Queen the Prince and all the Lords Spiritual and Temporal and Commons should have been assembled in the upper House of Parliament upon the fifth Day of November in the Year of our Lord 1605. suddenly to have blown up the said whole House with Gun-powder an Invention so inhuman barbarous and cruel as the like was never before heard of and was as some of the principal Conspirators thereof confess purposely devised and concluded to be done in the said House that where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously term cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once which would have turned to the utter Ruine of this whole Kingdom had it not pleased Almighty God by inspiring the Kings most excellent Majesty with a Divine Spirit to interpret some dark Phrases of a Letter shewed to His Majesty above and beyond all ordinary Construction thereby miraculously discovering this hidden Treason not many Hours before she appointed time for the Execution thereof therefore the Kings most excellent Majesty the Lords Spiritual and Temporal and all His Majesties faithful and loving Subjects do justly acknowledge this great and infinite Blessing to have proceeded meerly from God his great Merry and to his most Holy Name do ascribe all the Honour Glory and Praise And to the end this unfeigned Thankfulness may never be forgotten but be in a perpetual Remembrance that all Ages to come may yield Praises to his Divine Majesty for the same and have in Memory This joyful Day of Deliverance Be it therefore enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and Angular Ministers in every Cathedral and Parish Church or other usual Place for Common-prayer within this Realm of England and the Dominions of the same shall always upon the fifth Day of November say Morning-prayer and give unto Almighty God Thanks for this most happy Deliverance and that all and every Person and Persons inhabiting within this Realm of England and the Dominions of the same shall always upon that Day diligently and faithfully resort to the Parish Church or Chappel accustomed or to some usual Church or Chappel where the said Morning-prayer Preaching or other Service of God shall be used and then and there to abide orderly and soberly during the time of the the said Prayers Preaching or other Service of God there to be used and ministred And because all and every Person may be put in mind of this Duty and be the better prepared to the said Holy Service be it enacted by Authority aforesaid that every Minister shall give Warning to his Parishioners publickly in the Church at Morning-prayer the Sunday before every such fifth Day of November for the due Observation of the said Day And that after Morning-prayer or Preaching upon the said fifth Day of November they read publickly distinctly and plainly this present Act. The Second is intituled An Act for the Attainder of divers Offendors in the late most barbarous monstrous detestable and damnable Treasons The Preamble of which Act runs thus 3 Jac. 1. ca. 2. Rast Stat 2. part f. 589 An Act for the Attainder of the Conspirators IN most humble manner beseeching your most excellent Majesty your most Loyal Faithful and true Hearted Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That whereas Arthur Creswel Jesuite who at the time of his Profession to be a Iesuite took upon him the Name of Joseph Creswel Oswald Tesmond Jesuite and Thomas VVinter late of Huddington in the County of VVorcester Gent. the last Day of June in the four and fortieth Year of the late Queen Elizabeth of famous Memory at Valedolide within the Kingdom of Spain and at divers other days within the same four and fortieth Year of the said late Queen at Valedolide aforesaid and elsewhere within the same Kingdom of Spain by the Means Procurement and Privity of Robert Catesby late of Ashby in the County of Northampton Esq Francis Tresham late of Rushton in the said County of Northampton Esq and Henry Garnet Iesuite assuming upon him to be Superior of the Iesuits within this Ream of England and others being all natural born Subjects of this Realm did Traiterously and against the Duty of their Allegiance move and incite Philip then and yet King of Spain then being at open Enmity and Hostility with the said late Queen with Force to invade this Kingdom of England and to joyn with the Papists and discontented Persons wiâ—â—in this Realm of England to depose and overthrow the same late Queen of and 〈◊〉 her Crown and of and from all Her Royal Estate Title and Dignity and to suppress and abolish the true Religion of Almighty God truly and sincerely professed within this Kingdom and to restore the Superstitious Romish Religion within the same and to bring this Antient Famous and most renowned Kingdom to utter Ruine and miserable Captivity under Forreign Power and for that the greatest Impediment unto the same Invasion would be the want of Help of good Horses the said Thomas VVinter the rather to incourage the said King thereunto was to offer unto the same King on the Behalf of the Papists of England to give him Assistance presently upon the Landing of his Forces with one thousand five hundred or two thousand Horses and that for their better accomplishing thereof he should move the said King to furnish the Papists of England with a good Sum of Money partly to be employed to
continue your daily Plotting of so Tragical Stratagems against Recusants It is ordered that none of these Five knoweth who the other Four be for the better preventing the discovery of the rest if so any one by attempting and not performing should be apprehended It is also already agreed who shall first attempt it by shot and so who in order shall follow In accomplishing of it there is expected no other than assurance of Death yet it will willingly be embraced for the preventing of those general Calamities which by this your transcendent Authority and Grace with His Majesty are threatned unto us And indeed the difficulties herein are more easily to be digested since Two of the intended attempters are in that weak estate of Body that they cannot live above three or four Months The other Three are so distressed in themselves and their Friends as that their present griefs for being only Recusants do much dull all aprehensions of Death None is to be blamed in the true censuring of Matters for the undertaking hereof Nor are they to be blamed for it for we protest before God we have no other means left us in the World since it is manifest that you serve but as a Match to give Fire unto his Majesty to whom the worst that we wish is that he may be as great a Saint in Heaven as he is King on Earth for intending all mischiefs against the poor distressed Catholics Thus giving your Lordship this charitable admonition the which may perhaps be necessary hereafter for some others your inferiours at least in grace and favour if so they run on in their former inhumane and unchristian rage against us I cease putting you in mind For 't is true and Spiritual Resolution that where once True and Spiritual Resolution is there notwithstanding all dangers whatsoever the weak may take sufficient revenge of the great Your Lordships well admonishing Friends c. A. B. C. c. It may be your Lordship will take this but as some forged Letter of some Puritans thereby to incense you more against Recusants But we protest upon our Salvation it is not so Neither can any thing in humane likelihood prevent the effecting thereof but the change of your Course towards Recusants This Letter at the beginning affords fair seeming to detest the Gun-Powder-Plot as Watson did the Popish Treasons in Queen Elizabeths time and was hanged for Treason in the beginning of the Reign of King James but little credit is to be given to what they say if it be considered that the very design of it is to apoligize for Murther and that they therein assert that although they Murther Privy Counsellors yet the Murtherers may be good men nor are they to be blamed for it for it is a true and spiritual resolution What influence this Letter had the sequel will evince for the said Oath was immediately confirmed by Act of Parliament and the Papists injoyned to take it in the Circumstances and upon the Penalties in the Act for that purpose mentioned the sum and substance of which Act followeth it is Intitled An Act for the better discovering and repressing of Popish Recusants The Preamble of the Act runs thus 3. Jac. 1. c. 4. Rast Stat. f. 591. Papists must receive the Sacrament and take the Oath of Allegiance c. upon pecuniary mulcts if neglected FOrasmuch as it is found by daily Experience that many His Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Divelish Councel of Iesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance to the Kings Majesty and the Crown of England as they are ready to entertain and Execute any Treasonable Conspiracies and Practices as evidently appears by that more then barbarous and horrible Attempt to have blown up with Gun-powder the King Queen Prince Lords and Commons in the House of Parliament Assembled tending to the utter Subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in Advancement of their Religion by their Schollars Taught and Instructed by them to that purpose which Attempt by the only goodness of Almighty God was discovered and defeated And where divers Persons Popishly affected do nevertheless the better to cover and hide their false Hearts and with the more safety to attend the opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penalty of the Laws in that behalf provided Then for the better discovery of such Persons and their Evil affections to the Kings Majesty and to the State of the Realm to the end that being known their Evil Purposes might be the better prevented It was enacted that every Papist that Conforms shall Yearly receive the Sacrament upon twenty pounds Forfeiture upon the first Years neglect forty pounds the second sixty pounds the third and so forwards sixty pounds Yearly until he or she shall have received it That Papists their Children of Nine Years and Servants shall be once a Year presented at the general or Quarter Sessions Which presentments are to be recorded at the Sessions That the Iustices of Assize and Goal Delivery and Iustices of Peace shall hear and determine the Offence That Proclamation shall be made at the Assizes or Sessions for the Offender to render his body to the Sheriff Bayliff or Keeper of the Goal of the Liberty before the next Assizes or Sessions c. And if the Offender doth not he stands Convicted and forfeits twenty pounds a Month for every Month contained in the Indictment whereon he his Convicted That every Conviction shall be certified into the Exchequer that the King may refuse twenty pounds a Month and take two parts of the Papists Lands save their Mansion House That the Kings two parts shall not be Leased to Papists Noblemen and Noblewomen are excepted That the Oath of Allegiance shall be tendred to all Persons of the Age of Eighteen Years or above Convicted or Indicted for Recusancy for not going to Church for not receiving the Sacrament or that pass through any Country Shire or Liberty and unknown Who refuse taking this Oath incur a Premunire except Women covert who are to be Committed to the Common Goal without Bail or Mainprize till they take the Oath No Indictment or other Proceedings against the Papists shall be discharged or reversed for default of Form but Conformity discharges all Proceedings whatever Felony in any that go beyond Seas to serve any Forreign Prince c. or being there shall voluntarily serve such Prince not first having taken the Oath Felony in any Gentleman or Person of higher Degrée or any that is or hath born Office in Camp Army or Company of Souldiers to go beyond the Seas voluntarily to serve a Foreign Prince or shall voluntarily serve any Prince unless he first enters into Bond
by her Authority from any other whatsoever c. Dated at Rome at St. Peters c. 1. Feb 1608. Birket upon the Receipt of this Breve draws up and sends abroad this admonishing Letter To all the Reverend Secular Priests of ENGLAND Most Dearly beloved Brethren WHereas I have always desired to live without molesting or offending others Birkets Letter to the Popish Clergy against taking the Oath and going to Church Foulis Hist l. 10. cap. 3. f. 530. it cannot be but a wonderful corosive Sorrow and Grief unto me that against mine own inclination I am forced as you have seen by the Breve it self to prescribe a certain time for such as do find themselves to have been contrary to the Points which are touched in the said Breve concerning the Oath and going to Church that they may thereby return and conform themselves to the Doctrine declared by his Holiness both in this and the other former Breves And therefore now by this Present do give notice unto you all that the time which I prefix and prescribe for that purpose is the space of two Months next ensuing after the knowledge of this Admonition Within which time such as shall forbear to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein Yet signifying unto you withal that such as do not within the time prescribed give this Satisfaction I must tho much against my Will for fulfilling his Holinesses Commandments deprive them and denounce them to be deprived of all their Faculties and Priviledges granted by the See Apostolick or by any other Authority thereof unto them or to any of them and so by this Present do denounce hoping that there is no Man will be so wilful or disobedient to his Holinesses Order but will conform himself as becometh an obedient Child of the Catholick Church And so most heartily wishing this Conformity in us all and that we may Live and Labour together Unanimes in Domo Domini I pray God give us the Grace to effect that in our Actions whereunto we are by our Order and Profession obliged Your Servant in Christ George Birket Arch-Priest of England and Protonotary Apostolical This 2d of May 1608. There was by reason of these Bulls great Writing against the Lawfulness of Papists taking the Oath And it can't be but all of them who writ against it make this their Foundation That it takes away the Popes power of depriving Kings and absolving Subjects from their Allegiance So that certainly it was high time for the State to take care of the safety of their Religion and their Prince the Defender thereof The Parliament therefore in the Seventh Year of King James the First that they might know who were Friends to a Foreign power and consequently Enemies to the established Government made an Act of Parliament Intitled An Act for Administring the Oath of Allegiance and Reformation of married Women Recusants Which is the last Law I find made in this Kings Reign relating to the Papists The Preamble runs thus 7. Jac. 1. cap. 6. Rast Stat. 2. part f. 666. For taking the Oath of Allegiby Protestants as well as by Papists And Feme Courts Papists to Penalties VVHereas by a Statute made in the third Year of your Majesties Reign intituled An Act for the better discovering and repressing of Popish Recusants The form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by Bond of Allegiance but also by the Commandment of Almighty God ought to bear to your Majesty your Heirs and Successors which Oath such as are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof your Majesty hath heretofore undertaken and worthily performed to the great Contentment of all your Loving Subjects notwithstanding the Gain-sayings of contentious Adversaries And to shew how greatly your Loyal Subjects do approve the said Oath they prostrate themselves at your Majesties feet beseeching your Majesty that the same Oath may be Administred to all your Subjects To which end we do with all humbleness beseech your Highness that it may be Enacted And then To shew how greatly they approved the said Oath they desired it might be Administred to all the Subjects of England and accordingly it was Enacted That it should be taken by all Persons above the Age of eighteen Years The penalty for the refusâ—ing upon tender is Imprisonment without Bayl or Main-prize and disability to execute any place of Iudicature to bear any other Office to use or Practice the Common or Civil Law Physick or Chirurgery the Art of an Apothecary or any Liberal Science for His or Her gain By this Act a married Woman that is a Papist convict if she doth not within three Months after Conviction conform shall be committed to Prison without Bayl or Main-prize unless her Husband will pay ten Pounds a Mouth for the Wives offence or the third part of all his Lands c. for so long time as she remaining a Papist convict shall continue out of Prison during which time and no longer she may be at Liberty The Penal Laws in this Reign justified And certainly Watson and Clarks Plot the Gun-Powder Treason and the restless endeavours of the Pope and the Jesuits by his sending and their bringing over Bulls to alienate the Kings Subjects from their Allegiance will highly justifie the State in making these Laws against the Papists that were made in this Kings Reign And the more reasonable will they appear to be if it be considered that we do not find that he ever Executed one Person Priest Jesuit or other for Religion but all Died for Treason even Garnet himself was sorry that he could not Dye for Religion his guilt of Treason being so notorious And therefore these Plots Conspiracies and Treasons carry in the Face of them the greatest ingratitude imaginable The King in the Tenth Year of his Reign being affrighted with Henry the Fourth of France his being Stabbed by Ravilliac ventures upon a Proclamation King James his last Proclamation against the Jesuits Wilsons Hist f. 51 52. strictly commanding all Jesuits and Priests out of the Kingdom and all Recusants to their own Houses not to come within ten Miles of the Court and secures all the rest of his Subjects to him by an universal taking of the Oath of Allegiance which the Parliament both Lords and Commons then sitting began and the rest of the People followed (a) Wilsons Hist f. 25. Soon after this Parliament was Dissolved and Prince Henry was created Prince of Wales after which the Kings first Treaty for disposal of any of his Children was by his Leiger Ambassador in Spain with that King for the Lady Elizabeth (b) Wilsons Hist f. 91. Rushw Col. 1 part f. 1. and
Pretence of Charity or otherwise c. is disabled to sue to be Commitee of any Ward or Executor or Administrator is not capable of any Legacy or Deed of Gift or to bear any Office within the Realm forfeits all his Goods and Chattels forfeits his Lands and other real Estate for his Life In case of Conformity these Penalties are not to be incurred and in case the Lands have been seised they shall be restored And now I think I may appeal to the Reader himself whether there was not ground enough for the making this Law if there had been nothing more done in this Kings Reign then the Writing the Letter before mentioned which makes so full a Discovery of a Design they were driving on of subverting our Religion and introducing their own And if it be considered that there is no Penalty annexed to this Law that relates to the Loss of Life Member or Liberty it cannot be thought severe after such continued and restless Endeavors of that Party for our Destruction and bringing us back to our former Bondage under a foreign Yoke And let the Share they had in blowing up the Differences between King Charles I. and his Parliaments which at last ended in the late unnatural Civil War and in a Temporary Destruction of our Monarchy be considered that after Charles the First was beheaded Charles The Second they attempted the Perverting of his Sons when in Exile to the Idolatry and Superstition of the Romish Church And that they at last prevailed effectually with one at least to go over to their Communion and that it was known to the Parliament in the twenty fifth Year of the Reign of Charles the Second that he was so reconciled Let I say these things be considered and it cannot be thought hard that that Law passed the Parliament the Substance of which I have here inserted It is intitled An Act for preventing Dangers which may happen from Popish Recusants WHereby for preventing Dangers which might happen from Popish Recusants 25. Ca. 2. ca. 2. Papists made uncapable of any Place or Office of Profit or Trust in the Kingdom and quieting the Minds of His Majesties good Subjects it was enacted That all and every Person and Persons as well Peers as Commoners that should bear any Offices or Places of Trust or that received any Sallery from His Majesty or any his Predecessors or were in the Service or Employment of his Highness the Duke of Yoâ—k being within the City of London or thirty Miles distant from the same should take the Oaths of Allegiance and Supremacy in the Court of Chancery or Kings-Bench before the end of Trinity Term then next following or at the Quarter Sessions for the Place where they should reside and should likewise receive the Sacrament according to the Vsage of the Church of England at or before the first Day of August 1673. that all Persons who should be admitted into any Office or Place as aforesaid after the first Day of Easter Term to take the said Oaths either in the said Courts or in the Quarter Session for the County where he or they should reside and receive the Sacrament within three months after their Admittance to such Office c. And should deliver a Certificate into the Court where he takes the said Oaths of the receiving the Sacrament That whosoever should refuse to take the said Oaths should be adjudged incapable of any other Office and if after his Refusal he shall exercise any Office he shall not prosecute any Suit in Law Equity or be Guardian to any Child or Executor or Administrator of any Person or be capable of any Deed or Gift or to bear any Office and shall forfeit five hundred Pounds to whomsoever will sue for the same in any of His Majesties Courts where no Protection or Wager of Law should lye That the Names of all such Persons as should take the said Oaths be in the Courts of Chancery and Kings-Bench and Quarter Sessions inrolled with the Time of taking the same in Rolls for that purpose and that none should pay above the Sum of twelve Pence to any Officer for their Entry of the taking the said Oaths That no Person not bred up in the Popish Religion by his Parents should breed up or suffer his Children to be bred up in the Popish Religion under Penalty of being disabled from bearing any Office or Places of Trust and all such Children so brought up and educated shall be disabled from bearing any such Offâ—ces until they be reconciled to the Church of England take the Oaths of Supremacy and Allegiance and receive the Sacrament And that all Persons taking the said Oaths shall at the taking the same subscribe the Declaration following I A. B. do declare that I do believe that there is no Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Person whatsoever And of this Subscription a Register to be kept as of taking the Oaths this Act not to extend to prejudice the Peerage of the Realm or take away Creation or Bills of Impost or any Salary for Life or Years granted for sufficient Consideration nor to make void any Estates of Inheritance not being Offices or to make void any Pension granted to any Person instrumental in preserving the King at Worcester that all Persons refusing to take the Oaths having Offices of Inheritance must appoint Deputies to take the said Oaths and subscribe the said Declaration that all Peers may take the Oath in Parliament if the Parliament be sitting within the time for doing thereof No married Woman or Person under the Age of eighteen Years or being beyond the Seas or found to be Non Compos Mentis shall by Vertue of this Act lose or forfeit his or her Office other then such married Women during the Life of her Husband only for any Neglect of taking the Oaths so as the respective Persons within four Months after the Death of the Husband coming to the Age of eighteen Years returning into this Kingdom and becoming of sound Mind shall take the said Oaths in manner as is thereby appointed provided that any Person who by his or her Neglect or Refusal according to this Act should lose or forfeit any Office might be capable by a new Grant of the said Office or of any other and to have and hold the same again such Person taking the said Oaths and doing all other things required by this Act so as such Office be not granted to and actually enjoyed by some other Person at the time of the re-granting thereof This Act not to extend to Commission Officers in the Navy if they subscribe the Declaration This Act not to extend to prejudice the Earl of Bristol and his Lady in the Pensions granted to them Likewise not to extend to Constables Tything-men Church-Wardens or other like private inferior Officers Before this Act of Parliament was
ingaging him at the little River Gelt after very many of the said Leonard Dacre's Men were slain he left the Victory to the Lord Hunsdon and withdrew himself to the next part of Scotland from whence shortly after he Crossed the Seas into the Low Countries and dyed a poor Man at Lovain The Queen by publick Proclamation pardoned the Multitude whom he had excited to Rebellion The third Rebellion was in Ireland in the same Year beaded by the Botelers Cambd. Annals f. 137. The Reason of these Rebellions was Pope Pius Quintus his Bull. Camb. Annals fol. 145. Baker's Chro. fol. 34. Foulis li. 7. ca. 2. fol. 325. Collection f. 3. Pope Pius Quintus his Bull. Cambd. Annals fol. 146. Fowlis 331. And as the Papists gave Queen Elizabeth these disturbances here in England so they were not wanting in Embroiling of Ireland So ungrateful were they for all the favour and kindness that she had from time to time shewn them Edmond and Peter Boteler the Earl of Ormond's Brethren engaged themselves with the Bishop of Rome and the Spaniard for maintaining the Popish Religion and outing Queen Elizabeth of her Kingdom of Ireland But their Brother the Earl of Ormond quenched this Flame by perswading his Brethren to submit themselves who by that means saved their Lives And no wonder it is that the Papists thus Rebel against Queen Elizabeth when Pius Quintus Bishop of Rome who had from the time he came to the See been continually plotting against her had the year before by his Bull declaratory without any previous admonition or Citation excommunicated her and did afterwards cause the same to be openly published and set up upon the Gates of the Bishop of Londons Palace in these words A Sentence Declaratory of our Holy Lord Pope Pius Quintus against Elizabeth Queen of England and the Hereticks adhering unto her wherein also all her Subjects are declared to be absolved from the Oath of Allegiance and whatever other Duty they owe unto her And those that from henceforth shall obey her are involved in the same Curse or Anathema Pius Bishop Servant to God's Servants for a future Memorial of the matter He that raigneth on high to whom is given all Power in Heaven and in Earth hath Committed his one Holy Catholick and Apostolick Church out of which there is no Salvation to one alone upon Earth namely To Peter the Chief of the Apostles and to Peter's Successor the Bishop of Rome to be by him govern'd with plenary Authority Him alone hath he made Prince over all People and all Kingdoms to pluck up destroy scatter consume plant and build that he may preserve his faithful People knit together with the band of Charity in the Vnity of the Spirit and present them spotless and unblamable to their Saviour In discharge of which Function we who are by God's Goodness so called to the Government of the aforesaid Church do spare no pains labouring with all earnestness that unity and the Catholick Religion which the Author thereof hath for the tryal of his Childrens Faith and for our amendment suffered to be tossed with so great Afflictions might be preserved sincere But the number of the ungodly hath gotten such power that there is now no place in the whole world left which they have not assayed to corrupt with their most wicked Doctrines and amongst others Elizabeth the pretended Queen of England the Servant of Wickedness lendeth thereunto her helping hand with whom as in a Sanctuary the most pernicious persons have found a refuge This very Woman having seized on the Kingdom and monstrously usurped the place of Supream Head of the Church in all England and the chief Authority and Jurisdiction thereof hath again reduced the said Kingdom into a miserable and ruinous condition which was so lately reclaimed to the Catholick Faith and a thriving Condition For having by strong hand prohibited the exercise of the true Religion which Mary the lawful Queen of Famous Memory had by the help of this See restored after it had been formerly overthrown by Henry the Eighth a Revolter there-from and following and embracing the Errors of Hereticks she hath changed the Royal Council consisting of the English Nobility and filled it up with obscure Men being Hereticks suppressed the Embracers of the Catholick Faith Constituted lewd Preachers and Ministers of Impiety Abolished the Sacrifice of the Mass Prayers Fastings choice of Meats unmarried Life and the Catholick Rites and Ceremonies commanded Books to be read through the whole Realm containing manifest Heresie and appointed Impious Rites and Institutions by her self entertained and observed according to the Prescript of Calvin to be likewise observed by her Subjects presumed to eject Bishops Parsons of Churches and other Catholick Priests out of their Churches and Benefices and to bestow them and other Church Livings upon Hereticks and to determine of Church Causes prohibited the Prelates Clergy and People to acknowledge the Church of Rome or obey the Precepts or Canonical Sanctions thereof compelled most of them to condescend to her wicked Laws and to abjure the Authority and Obedience of the Bishop of Rome and to acknowledge her to be sole Lady in Temporal and Spiritual Matters and this by Oath imposed Penalties and Punishments upon those which obeyed not and exacted them of those which persevered in the Vnity of the Faith and their Obedience aforesaid cast the Catholick Prelates and Rectours of Churches into Prison where many of them being worn out with long languishing and sorrow miserably ended their Lives All which things being so manifest and notorious to all Nations and by the serious Testimony of very many so substantially proved that there is no place at all left for excuse defense or evasion We seeing that Impiety and Wicked Actions are multiplyed one upon another as also that the Persecution of the Faithful and Affliction for Religion groweth every day heavier and heavier through the instigation and by means of the said Elizabeth and since we understand her Heart to be so hardened and obdurate that she hath not only contemned the Godly Requests and Admonitions of Catholick Princes concerning her cure and Conversion but also hath not so much as suffered the Nâ—ncio's of this See to cross the Seas for this purpose into England are constrained of necessity to betake our selves to the Weapons of Justice against her being heartily grieved and sorry that we are compelled thus to punish one to whose Ancestors the whole State of Christendom hath been so much beholden Being therefore supported with his Authority whose pleasure it was to place us tho' unable for so great a burthen in this Supream Throne of Justice we do out of the fulness of our Apostolick Power declare the aforesaid Elizabeth as being an Heretick and a favourer of Hereticks and her adherents in the matters aforesaid to have incurr'd the Sentence of Excommunication and to be cut off from the unity of the body of Christ And moreover we do
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
the Seminary Priests then in England or which should after that timâ— have come hither had been of Mr. Morton and Mr. Saunders his mind before mentioned when the first Excommunication came out or of Mr. Saunders his second resolution being then in Arms against Her Majesty in Ireland or of Mr. Parsons The Parliament excused Traiterous disposition both to our Queen and Country The said Laws no doubt had carried with them a far greater shew of Justice But that was the Error of the State and yet not altogether for ought they knew improbable those times being so full of many dangerous designments and Jesuitical practices In this Year also divers other things fell out unhappily towards us poor Priests and other the graver sort of Catholics who had all of us single Hearts and disliked no man more all such factious enterprizes For notwithstanding the said Proclamation and Law Heywoods Practices Mr. Heywood a Jesuit came then into England and took so much upon him that Father Parsons fell out exceedingly with him and a great trouble grew amongst Catholics by their Brablings and Quarrels A Synod was held by him the said Mr. Heywood and sundry Ancient Customs were therein Abrogated to the offence of very many Campian answered as Sherwin did These Courses being understood after a sort by the State the Catholics and Priests in Norfolk felt the smart of it This Summer also in July Mr. Campian and other Priests were apprehended whose Answers upon their Examinations agreeing in effect with Mr. Sherwins before mentioned did greatly incense the State for amongst other Questions that were propounded unto them this being one viz. if the Pope do by his Bull or Sentence pronounce Her Majesty to be deprived and no Lawful Queen The Question propounded to Campian and others and her Subjects to be discharged of their Allegiance and Obedience unto Her and after the Pope or any other by his Appointment and Authority do Invade this Realm which part would you take or which part ought a good Subject of England to take some Answered that when the Case should happen they would then take Councel what were best for them to do Another that when that Case should happen he would Answer and not before Another that for the present he was not resolved what to do in such a Case Another that when the Case happeneth then he will Answer Another that if such deprivation and Invasion should be made for any Matter of his Faith he thinketh he were then bound to take part with the Pope Now what King in the World being in doubt to be invaded by his Enemies and fearing that some of his own Subjects were by indirect means drawn rather to adhere to them then to himself would not make the best Tryal of them he could for his better satisfaction whom he might trust to In which Tryal if he found any that either should make doubtful Answers or peremptorily affirm that as the Case stood betwixt him and his Enemies they would leave him their Prince and take part with them might he not justly repute them for Traitors and deal with them accordingly sure we are that no King or Prince in Christendom would like or tolerate any such Subjects within their Dominions if possibly they could be rid of them Thus much the secular Priests themselves Confess and certainly then 't is not to be denied but they own all the Treasons and Villanies that the Protestants charge upon the Papists only they would fain excuse themselves and the grave sort of Catholicks from having any hand in them And at the same time they justifie the State in their procedure against them because they have a Colour of reason to believe them all alike and know not but they are so But may the Papists say tho the States might have reason to make it a Capital offence to reconcile any of the Subjects of England to the See of Rome yet it seems hard to make a Man a Traitor for staying in or if a Man be out returning to his Native Countrey which 27 th Eliz. cap. 2. doth which Objections will be sufficiciently answered by the following Account of their Practices in the Queens Dominions from the twenty third year of her Reign to the twenty seventh The Papists had Writ so much against the Queen and other Excommunicate Princes that divers who had the Popes power in Esteem were perfectly drawn from their obedience and amongst others in the Year 1583 one Somervil Somervils Conspiracy Camb. Annals f. 289. Foulis Hist l. 7. cap. 4. f. 338. Bakers Chron. f. 361. who went to the Queens Court and breathing nothing but Blood against the Protestants furiously set upon one or two by the way with his drawn Sword and being apprehended Confessed that he designed to have killed the Queen with his own hands One Edward Arden Somervil's Wives Father his own Wife Somervil's Wife and one Hall a Priest were Arraigned and Condemned for this Conspiracy Somervil was three days after found strangled in Prison Arden was hanged and Quartered But so merciful was the Queen that she spared the Women and the Priest This unfortunate Gentleman Somervil was drawn into all this by the cunning of a Priest and cast by his Evidence saith Mr. Cambden In the Year 1584. Francis Throgmorton eldest Son of John Throgmorton a Justice of Peace in Cheshire Francis Throgmorton's Conspiracy Camb. Annals f. 294.298 Bakers Chron. f. 362. was Clapt up for being in a Conspiracy to bring in an Army of Foreigners and Deposing the Queen And no sooner was he Committed to Custody and had Confessed some things But Thomas Lord Paget and Charles Arundel a Courtier who joyned with him in the Conspiracy privily fled the Land and withdrew themselves into France And Mendoza the Spanish Ambassador who was likewise engaged in the same Design being greatly reprehended for it secretly Crost the Seas into France Throgmorton Confessed the Fact and afterwards denied it and after that cast himself upon the Queen's Mercy and in writing Confessed the same again at large But at the Gallows pretended to deny it again he being executed and the others fled that Conspiracy came to nothing Soon after this there was a further Discovery of the design of the Pope the Spaniard Camb. Annals f. 299. Foulis Hist l. 7. cap. 5. f. 345. The Earl of Arundel and Northumberland were ingaged Camb. Annals f. 310 311. there you will see the design was for delivering the Queen of Scots for the Conquering of England and the destruction of the Protestant Religion and the Guises for invading England which was Discovered in this manner One Chreighton a Scotch-man of the Society of Jesus passing into Scotland and being taken by some Netherland Pirates tore certain Papers in pieces the torn pieces being thrown over board were by the Wind blown back again and fell by chance into the Ship not without a Miracle as Chreighton himself said and Sir Willam
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do giâ—e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
other offences whatsoever abovesaid In the Act abovesaid as afore is said mentioned and all circumstances of the same and of every of them and thereupon according to the Tenour of the Act aforesaid to give Sentence or Judgment as upon good proof the Matter shall appear unto you And therefore we command you that you do at such certain days and places which you or the greater part of you shall for that purpose set and agree upon diligently proceed upon the premises in form aforesaid c. Mary Queen of Scots Tryed Camb. Annals f. 361. The Commissioners met at Fotheringay Castle the 11 th of October 1586. and Tryed Mary Queen of Scots the substance of the Tryal you may see in Cambdens Annals from Pag. 344 to 361. as he took the same out of the Commentaries and Memorials of Edward Barker principlal Register to the Queen Thomas Wheeler publick Notary Register of the Audience of Canturbury and other persons of Credit which were there present On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster to which place they had adjourned except the Earls of Shrewsbury and Warwick which were both of them sick at that time Sentence was pronounced which Sentence was this The Sentence By their unanimous assents and consents they do pronounce and deliver this their Sentence and Judgment at the day and place last above mentioned and say that since the conclusion of the aforesaid Session of Parliament in the Commission aforesaid specified namely since the first day of June in the 27 th Year aforesaid and before the date of the said Commission divers Marters have been compassed and imagined within this Realm of England by Anthony Babington and others with the Privity of the said Mary pretending a Title to the Crown of this Realm of England tending to the hurt death and destruction of the Royal Person of our said Lady the Queen And also that since the aforesaid first day of June in the 27 th Year aforesaid and before the date of the Commission aforesaid the aforesaid Mary pretending a Title to the Crown of this Realm of England hath compassed and imagined within this Realm of England divers Matters tending to the hurt death and destruction of the Royal Person of our Soveraign Lady the Queen contrary to the form of the Statute in the Commission aforesaid specified The Parliament 29. Eliz. Cap. 1. Rast Stat. 2. Part. f. 334. The twenty ninth of October following the Parliament met and the first Act they made was an Act for the confirmation of the Proscription of Thomas late Lord Paget Charles Paget Francis Englefeild Francis Throckmorton William Shelley Anthony Babington Thomas Salisbury Edward Jones Edward Abbington Charles Tilney Chidiock Tichbourn Robert Barnwell John Charnock and John Travers The Preamble of which Act of Parliament strengthening the Credit of the former History I have here incerted An Act of Parliament for proscribing Babington and the Rest In most humble wise beseecheth your Royal Majesty the Lords Spiritual and Temporal and all other your most Loving and Obedient Subjects the Commons of this your most High Court of Parliament Assembled That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of â—â—ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes have most falsely and Treacherously committed perpetrated and done many unnatural detestable and abominable Treasons to the most fearful peril and danger of the destruction of your most Royal Person and to the utter loss disherison and destruction of this your Highnesses Realm of England if God of his infinite goodness had not in due time revealed and given knowledge to your Highness of their Trayterous intent of and for the which said Treasons being manifestly and plainly proved the said Traytors and Offenders before named have been lawfully indicted and some of them have been and are lawfully and by due process Out-Lawed and thereby justly attainted and some other by Tryal of the Country and their own confessions and judgment thereupon given lawfully and justly convicted and attainted according to the Laws of this your Realm as by the Records of their several attainders more plainly it doth and may appear and for the which several Offences some of the same Offenders have suffered pains of Death according to their demerits And then the Parliament Confirms their attainder and confiscates their Lands and Tenements Goods and Chattels The next thing this Parliament did was by their Votes to approve The Tryal and Condemnation of Mary Queen of Scots approved and Her Execution desired by the Parliament and their Reasons for it D' Ewes Journal 392 393 395 400 401 405 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots and desired it might be published the Reasons whereof were delivered in divers Speeches made in the House of Commons upon this occasion and which are to be seen in Sir Simon D' Ewes his Journal at large They were drawn from the dangers that threatned Religion the Queens Person and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Religion and sworn a confederate in the Holy League for the extirpation of the Protestant Religion had now for a long time Arrogated unto her self the Title of Queen of England while the Queen lived whom as being excommunicate she held it lawful to do mischief to as far as lay in her Power and to take away her life a thing meritorious One who had over-thrown and ruined sundry flourishing Families in the Kingdom and cherished all the Treasonable designs and Rebellions in England to spare her therefore were nothing else but to spoil the People who would take impunity in this Case much to heart and would not think themselves discharged of their Oath of Association unless she were punished according to her deserts and lastly they called to her remembrance how fearful the examples of Gods vengeance were upon King Saul for sparing Agag and upon King Ahab for sparing the Life of Benhaddad These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen and by her answer it appears what a great straight she was in D' Ewes Journal f. 400. Queen Eliz. in a great
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)
Genserick and Henricus with their Arian Hereticks alluding to the State. Here we think both him and divers others that have written to the same effect very greatly to blame Sure we are that the general Cause of Religion for the which both we and they contend as oft we have said getteth no good but hurt by it and contrary to the Old saying be he never so bad yet let him have Justice tho some hard Courses have been taken by the State against us yet hath it not by many degrees been so extream as the Jesuits and that Crue have falsely written and reported of it nor indeed as they deserved Afterwards they inveigh against the Spanish Invasion against Parsons for a Book he writ and against him and Creswel for another they writ they go on thus Whilst the said Invasion was thus talked of and in preparation in Spain a shorter course was thought of Heskets Plot. it might have had success Mr. Hesket was set on by the Jesuits 1592. or thereabouts with Father Parsons consent or knowledge to have stirred up the Earl of Darby to Rebellion against Her Highness Cullen Not long after good Father Holt and others with him persuaded an Irish-man one Patrick Collen as he himself confessed to attempt the laying his violent and villanous hands upon Her Majesty Shortly after in the Year 1593. that Notable Stratagem was Plotted the whole State knoweth by whom for Dr. Lopez the Queens Physician to have Poysoned her Lopez for the which he was Executed the Year after This wicked designment being thus prevented by Gods providence the said Traiterous Jesuit York and Williams Holt and others did allure and animate one York and Williams to have accomplished that with their Bloody hands that the other purposed to have done with his Poyson we mean Her Majesties destruction Hereunto we might add the late Villanous attempt 1599. of Edward Squire animated and drawn thereto as he confessed by Wallpool that pernicious Jesuit Walpool But we must turn again to Father Parsons whose turnings and doublings are such as would trouble a right good Hound to Trace him For in the mean time that the said Traytors one after another were Plotting and Studying how best they might compass Her Majesties Death they cared not how nor by what means he the said Father Parsons so prevailed with the King as he attempted twice in two sundry Years his new Invasion meaning to have proceeded therein The Spaniard designed a Second Invasion not with such great preparation as he did at the first but only to have begun the same by taking some Port Westward Towards which he came so far onward as Silley with his Fleet. At both which times God who still hath fought for her Majesty and this Realm did notably prevent him by such Winds and Tempests as the most of his Ships and Men perished in the Sea as they were coming hitherward Furthermore the said good Father in the midst of all the said Trayterous enterprizes both at home and abroad devised and set forward by him and his Companions was ploding amongst his Papers and playing the herauld how if all his said wicked designments failed he might at the last Intitle the King of Spain and consequently the Infanta his Daughter to the Crown and Kingdom of England To which purpose he framed and after published a Book wherewith he acquainted the Students in those Seminaries in Spain and Laboured nothing more then to have their subscriptions to the said Infanta's Title therein promissing unto her their present Allegiance as unto their lawful Soveraign and that when they should be sent into their Country they should perswade the Catholics there to do the like without any further Expectation of the Queen of Englands Death As Mr. Charles Paget affirmeth in his Book against Parsons They confess in these words That the Jesuitical designments beyond the Seas Collect. 53 54. together with certain Rebellions and Traiterous attempts of some Catholics at home have been the cause of such Calamities and troubles as have happened to us far less we think then any Prince living in Her Majesties Case and so provoked would have inflicted upon us And after they tell us that divers of their Communion have owned so much I shall conclude this Reign with these words of theirs which fully justifie the making the Laws that were made in it We are fully persuaded in our Consciences and as Men besides our Learning Collect. 55 56 57. who have some experience that if the Catholics had never sought by indirect means to have vexed Her Majesty with their designments against her Crown if the Pope and King of Spain had never plotted with the Duke of Norfolk If the Rebels in the North had never been heard of if the Bull of Pius the V. had never been known if the said Rebellion had never been justified If neither Steukly nor the Pope had attempted any thing against Ireland if Gregory the Thirteenth had not renewed the said Excommunication if the Jesuits had never come into England if the Pope and the King of Spain had not practised with the Duke of Guise for his attempt against Her Majesty if Parsons and the rest of the Jesuits with other our Country-men beyond Seas had never been agents in these Traiterous and Bloody designments of Throckmorton Parry Collen York Willians Squire and such like if they had not by their Treatises and writings endeavoured to defame their Soveraign and their own Country labouring to have many of their Books Translated into divers Languages thereby to shew more their own disloyalty if Cardinal Allen and Parsons had not published the Renovation of the said Bull by Sixtus Quintus if thereunto they had not added their scurrillous and unmanly Admonition or rather most Prophane Libel against Her Majesty if they had not sought by false persuasions and ungodly Arguments to have allured the Hearts of Catholics from their Allegiance if the Pope had never been urged by them to have thrust the Kingdom of Spain into that Barbarous Action against the Realm if they themselves with the rest of that generation had not laboured greatly with the said King for the Conquest and Invasion of this Land by the Spaniards who are known to be the cruelest Tyrants that live upon the Earth If in all their Proceedings they had not from time to time depraved irritated and provoked both Her Majesty and the State with these and other such like their ungodly and unchristian practices But on the contrary if the Popes from time to time had sought her Majesty by kind Offices and gentle Persuasions never ceasing the prosecution of those and such-like courses of humanity and gentleness if the Catholics and Priests beyond the Seas had laboured continually the furtherance of those most Priest-like and Divine allurements and had framed their own proceedings in all their words and writings accordingly if we at home all of us both Priests and
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
reconciling Men at Confession to absolve every one particularly from all his Oaths of Allegiance and Obedience to the Queen just as the said Bull did absolve them all at once and in general And this seemed the easier to be effected because they promised withal absolution from all Mortal sins and the safer because it was pronounced more closely and under the Seal of Confession On the 16th day of January 1580. The Parliament Sir Simon D' Ewes his Journal of the House of Commons p. 266. being the time to which the same had been Prorogued and the 25th day of January Sr. Walter Mildmay made an excellent Speech a great part of which because it will give a confirmation to what hath been before said and evince the reasonableness of the Law that was made in that Session of Parliament against the Papists I have here inserted as it is in Sir Simon D. Ewes his Journal published by Paul Bowes Esquire The Principle Cause of our Assembly here Sir Walter Mildmay 's Speech Sir Simon D' Ewes f. 284. being to consult of Matters that do concern the Realm I have thought good with your Patience to remember you of such things as for the weight and necessity of them I take to be worthy of your consideration wherein I mean to note unto you what I have conceived first of the present state we be in next of the Dangers we may justly be in doubt of And lastly what provision ought to be made in time to prevent or resist them these shewed as briefly as the Matter will suffer I leave to your Judgment to proceed further as you shall find it Expedient That our most Gracious Queen did at her first Entry loosen us from the Yoke of Rome and did Restore unto this Realm the most pure and holy Religion of the Gospel which for a time was overshaddowed with Popery is known of all the World and felt of us to our singular Comfort But from hence as from the Root hath sprung that implacable Malice of the Pope and his Confederates against her whereby they have and do not seek only to trouble but if they could to bring the Realm again into a Thraldom the rather for that they hold this as a firm and setled opinion that England is the only setled Monarchy that most doth maintain and countenance Religion being the chief Sanctuary for the afflicted Members of the Church that fly thither from the Tyranny of Rome as Men being in danger of Shipwrack do from a raging and tempestuous Sea to a calm and quiet Haven This being so what hath not the Pope assayed to annoy the Queen and her State thereby as he thinketh to remove this great obstacle that standeth between him and the overflowing of the World again Popery for the proof whereof these may suffice The Northern Rebellion stir'd up by the Pope and the Quarrel for Popery Note These things were spoke soon after they happened whilst they were fresh in memory The Maintenance sithence of those Rebels and other Fugitives The Publishing of a most Impudent Blasphemous and Malicious Bull against our most rightful Queen The Invasion into Ireland by James Fitz Morris with the obstinacy of some English Rebels The raising of a dangerous Rebellion in Ireland by the Earl of Desmond and others intending thereby to make a general Revolt of all the whole Realm The late Invasion of Strangers into Ireland and their fortifying it The Pope turned thus the Venom of his Curses the Pens of his malitious Parasites into Men of War and Weapons to win that by force which otherwise he could not do And though all these are said to be done by the Pope and in his Name yet who seeth not that they be maintained under hand by some Princes his Confederates And if any Man be in doubt of that let him but note from whence the last Invasion into Ireland came of what Country the Ships and of what Nation the most part of the Souldiers were and by direction of whose Ministers they received their Victuals and Furniture For the Pope of himself at this present is far unable to make War upon any Prince of that Estate which Her Majesty is of having lost as you know many years by the Preaching of the Gospel those infinite Revenues which he was wont to have out of England Scotland Germany Switzerland Denmark and others and now out of France and the Low Countries so as we are to think that his Name only is used and all or the most part of the Charge born by others The Queen nevertheless by the Almighty Power of God standeth fast maugre the Pope and all his Friends having hitherto resisted all Attempts against her to her great Honour and their Shame as the Rebellion in the North suppressed without Effusion of Blood wherein her Majesty may say as Caesar did Veni Vidi Vici as expedite and as honourable was the Victory that God did give her by the Diligence and Valour of those Noble Men that had the conducting thereof The enterprize of James Fitz Morris defeated and himself slain The Italians pulled out by the Ears at Smirwick in Ireland and cut in pieces by the notable Service of a Noble Captain and valiant Souldiers Neither these nor any other Threatnings or Fears of Danger hath or doth make her to stagger or relent in the Cause of Religion but like a constant Christian Princess she still holdeth fast the Profession of the Gospel that hath so long upholden her and made us to live in Peace twenty two years and more under her most gracious Government free from those Troubles that our Neighbours have felt so as this now seemeth to be our present State a Blessed Peaceable and happy Time for the which we are most bound to God and to pray unto him for the continuance thereof But yet notwithstanding seeing our Enemies sleep not it behoveth us not to be careless as tho all were past but rather to think that there is but a piece of the Storm over and that the greater part of the Tempest remaineth behind and is like to fall upon us by the Malice of the Pope the most capital Enemy of the Queen and of this State the Determinations of the Councils of Trent and the Combinations of the Pope with other Monarchies and Princes devoted unto Rome assuring our selves That if their Powers be answerable to their Wills this Realm shall find at their Hands all the Miseries and Extremities that they can bring upon it And though by the late good Success which God hath given in Ireland these leud and malicious Enterprises seem for a time to be as it were at a stand yet let us be assured that neither their Attempts upon Ireland neither the Mischief intended against England will cease thus but if they find us negligent they will be ready with greater Forces then have been yet seen The certain Determination which the Pope and his combined Friends have to root
they thought to have destroyed And yet so far hath both my Heart and Government been from any bitterness as almost never one of those sharp additions to the former Laws have ever yet been put in Execution And that ye may yet know further for the more convincing these Libellers of wilful Malice who impudently affirm that this Oath of Allegiance was devised for deceiving and intrapping of Papists in point of Conscience The truth is that the Lower-House of Parliament at the first framing of this Oath made it contain that the Pope had no Power to Excommunicateme which I caused them to reform only making it to conclude That no Excommunication of the Popes can warrant my Subjects to practice against my Person or State denying the deposition of Kings to be in the Popes lawful Power As indeed I take any such Temporal violence to be far without the Limits of such a spiritual Censure as Excommunication is So careful was I that nothing should be contained in this Oath except the profession of Natural Allegiance and Civil and Temporal obedience with a Promise to resist all contrary uncivil violence This Oath now grounded upon so great and just occasion set forth in so reasonable Terms and ordained only for making a true distinction between Papists of quiet dispotion and in all other things good Subjects and other Papists such as in their hearts maintained the like violent bloody Maxims that the Powder Traytor did * And here I can't but take notice that the very design of the Oath of Allegiance was to make a distinction between Papists of unquiet and turbulent and of quiet and peaceable Minds and had not in its original any influence upon the Protestants nor did at the time of making concern them and that after Protestants were enjoyned to take it the same was intended to no other purpose then to difference them from Papists and therefore the taking the new Oaths to their present Majesties cannot but be well consistent with the former Oath of Allegiance especially if it be considered that the late King is himself a Papist So that it is evident King James thought the said Plots Treasons Conspiracies and other unbecoming and undutiful words and practices was ground sufficient to make the said Law. And doubtless The Powder-Treason justifies the State in making another Act of Parliament the same Session Intitled An Act to prevent and avoid danger which may grow by Popish Recusants The preamble of which Act making it further to appear that the Powder-Treason was the occasion of making this Law I shall here insert the Preamble verbatim and then the substance of the Act. WHereas divers Iesuits 3 Jac. 1. ca. 5. Rast Stat. f. 597. Papists banished the Court and the City of London upon a pecuniary Mulct Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from their true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal obedience to his Majesty and have of late scretly perswaded divers Recusants and Papists and encouraged and embolâ—ned them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Common-wealth if God of his Goodness and Mercy had not within few hours before the intended time of the Execution thereof revealed and disclosed the same wherefore to discover and prevent such secret and damnable Conspiracies and Treasons as hereafter may be put in use by such evil disposed Persons if remedy be not therefore provided Then the Law provides That the discoverer of Iesuites or Priests or harbourers of them shall have the third Part of all that is recovered against them so as the same exceeds not One hundred and Fifty Pounds and Fifty Pounds only where it exceeds the sum of One hundred and Fifty Pounds No Papist shall come to Court upon the Penalty of a Hundred Pounds for every default Papists not to come into London nor ten Miles compass of the same upon forfeiture of One hundred Pounds Papists confined to their Houses or Places of above and not to remove above five Miles from thence Not to Travel without Licence how Licence to be obtain'd and no License to be given to enable them to the contrary but such as are prescribed by this Act His Majesty Three of the Privy-Council Four Iustices of the Peace with the Privity may License and assent of the Bishop Lieutenant or Deputy Lieutenant under Hand and Seal the cause of removing must be inserted in the Warant and Oath made of the truth of it Papists disabled from Practicing as Lawyers Common or Civil c. All Papists convict are disabled from practising as a Counsel Clark Attorney or Sollicitor Advocate or Proctor as Physician using the Trade of an Apothecary from being Iudge Minister Clark or Steward of or in any Court or keeping any Court or being Town Clark or other Minister or Officer in any Court from bearing any Office or Charge as Captain Lieutenant Corporal Serjeant Antient Bearer or other Officer in Camp Troop Band or Company of Souldiers from being Captain Master Governour or bearing any Office or Charge A Man having a Wife a Papist Convict is disabled from exercising any public Office or Charge Feme Covert Convict looses part of her Joynture c. of or in any Ship Castle or Fortress and forfeits one hundred pounds for every Offence besides the disability No Popish Recusant Convict nor any having a Wife being a Popish Recusant Convict shall exercise any public Office or Charge in the Common-wealth but are utterly disabled Feme Covert Convict looses two parts of her Ioynture and Dower is disableâ— from being Executrix or Administratrix to her Husband and to have any Part of his Goods or Chattels A Popish Recusant Convict is disabled as an Excommunicate Person But notwithstanding it he may sue for or concerning only such of his or her Lands c. or the issues thereof which are not to be seized or taken into the Kings Hands his Heirs or Successors by force of any Law for or concerning his or her Recusancy or any part thereof Every Man that is a Papist covict Marrying contrary to the Orders of the Church of England is disabled from being Tenant by the courtesie if any Lands c. of his Wives and if she hath no Lands forfeits a hundred Pounds a Woman Papist convict so marrying is disabled to Claim Dower Papists must Marry according to the usage of the Church of England Papists must Bapt. according to the usage of the Church of England Their Children must not be sent beyond Seas Papists shall not present to Livings Popish Books inhibited Papists to be disarmed Ioynture and Widows Estate and Franck Bank in customary Lands Papists must baptize their Children according to the Rites of the Church of England upon a hundred Pounds