ten days if he may by any means for sickness and every Ordinary shall have sufficient Commissaries or Commissary dwelling in every County in a place notable so that if any such person so indicted be taken that the said Commissaries or Commissary may be warned in the notable place where he dwelleth by the Sheriff or his Officers to come to the King's Iayl in the same County there to receive the same persons so indicted by Indentures as before And that in the inquest in this case to be taken the Sheriffs and other Officers to whom it belongeth shall do to be Impannel'd good and sufficient persons not suspected nor procured that is to say that every of them which shall be so Empanell'd in such Inquest have within the Realm of England an hundred Shillings of Lands Tenements or of Rent by the year upon pain to lose to the King's use 10 l. and they which shall be Impannell'd in such Inquests in Wales every of them shall have to the value of 40 s. by year and if any such person be arrested be it by the Ordinary or by the King's Officers or Ministers and escape or break the prison before that he be acquit before the Ordinary the Goods and Chattels which he had the day of such arrest shall be forfeit to the King and his Lands and Tenements which he had the same day seized also in the King's hands the King shall have the profits thereof from the same day until he be yeilden to the prison from which he escaped and that the aforesaid Iustices have full power to enquire of all such Escapes breaking of Prison and also of Lands and Tenements Goods and Chattels of such persons so indicted provided also that if any such person indicted do not return to the said prison and dieth not convict it shall be lawful to his Heirs to enter into the Lands and Tenements of their Ancestor without any other pursuit making to the King for this cause and that all they which have Liberties and Franchises Royal in England as in the County of Chester the County and Liberty of Durham and other like and also the Lords which have Iurisdiction and Franchises Royal in Wales where the King's Writs do not run have power to execute and put in due execution these Articles in all points by them or by their Officers in like manner as the Iustices and other the King's Officers before declared should do By which Act it plainly appears that the Professors of the true Religion were not only to suffer in their own persons by being most inhumanly burnt but their very Wives and Children must feel the effects of Popish Cruelty having nothing left by this Law whereby to support their Families CHAP. IV. Hen. VIII THE three Laws in the precedent Chapters mentioned were put in severe Execution during the Reigns of R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. and to the twenty fifth year of Henry the 8 th during which time the Whore of Babylon made her self drunk with the Blood of the Saints not only halling them to prison but burning their Persons and ruining their whole Families In which time divers were Martyred purely to please and gratifie the Popish Clergy for whatever they said was Heresie must be so upon which Account they run the Persecution so high that in 25 H. 8. about which time the Professors of the true Religion were first called Protestants the Parliament began to consider That Heresie was no where defined and made an Act of Parliament for the Punishment of Heresie but by it repealed the Statute of 2 H. 4. ca. 15. the preamble of which Act doth declare That the Clergy did upon their suggestions obtain the said Act 25 H. 8. ca. 14. Rast Stat. fo 537. By this Law Protestants were to abjere or be burnt but that the same did not in any part thereof declare what was Heresie and that the word Canonical Sanctions are so general that it was difficult to avoid the Penalties of the Act in case he should be examined upon captious interrogatories as the Ordinaries did then use to persons suspect of Heresies and that all such proceedings were against the antient Laws of the Kingdom and for those reasons did repeal the said Act of 2 H. 4. ca. 15. and for redress of Heresie did establish 5 R. 2.5 and 2 H. 5.7 and did enact that Sheriffs in their Turns and Stewards in their Leets Rapes and Wapentakes should have Authority to enquire of Hereticks and every such Presentment made in any Turn Leet Co. Inst 2.658 Bulst 3.51 c. concerning Hereticks should be certified to the Ordinary and every person presented or indicted of any Heresie or duly accused by two lawful Witnesses might be cited arrested or taken by an Ordinary or other of the King's Subjects and committed to the Ordinary to answer in open Court and being convict should abjure his Heresies and refusing so to do or falling into a relapse should be burnt in an open place for Example of others By this Act indeed some part of the Common Law as to the Tryal of the Parties guilty seems to be restored but they could not yet think of parting with the severity of the Penalties I mean burning their Persons and confiscating their Estates and that the World might at length know who were deemed Hereticks and who not for before it was no where defined what Heresie was in the 31 st of H. 8. ca. 14. 31 H. 8. ca. 14. Rast Stat. fol. 652. By this Law Protestants are made Traytors Felons and guilty of a premunire An Act of Parliament was made called an Act for abolishing of Opinions in certain Articles concerning Christian Religion six Articles were agreed on and consented to viz. 1. That in the most Blessed Sacrament of the Altar by the strength and efficacy of Christ's mighty word it being spoken by the Priest is present really under the form of Bread and Wine the natural Body and Blood of our Saviour Jesu Christ Conceived of the Virgin Mary and that after the Consecration there remaineth no substance of Bread or Wine nor any other substance but the substance of Christ God and Man. 2. That the Communion in both kinds is not necessary ad salutem by the Law of God to all persons and that it is to be believed and not doubted of but that in the Flesh under the form of Bread is the very Blood and with the Blood under the form of Wine is the very Flesh as well a part as though they were both together 3. That Priests after the Order of Priesthood received may not marry by the Law of God. 4. That Vows of Chastity Widdowhood by Man or Woman made to God advisedly ought to be deserved by the Law of God and that it exempts them from other Liberties of Christian People which without that they might enjoy 5. That it is meet and necessary that private Masses be continued and
admitted in the King 's English Church and Congregations as whereby good Christian People ordering themselves accordingly do receive both Godly and goodly consolations and benefits and it is agreeable also to God's Law. 6. That Auricular Confession is expedient and necessary to be retained and continued used and frequented in the Church of God. He that by word of Mouth Writing Printing Cyphering or in any otherwise doth Publish Preach Teach Say Affirm Declare Dispute Argue or hold any Opinion contrary to the first Article is by that Act of 31 H. 8. ca. 14. Declared a Heretick to suffer Death by burning and to forfeit his Estate as in case of High Treason The publick Preaching and affirming in a Court of Justice any thing contrary to the other five Articles and Marrying after a vow of Chastity is declared Felony without Benefit of Clergy and to forfeit as in cases of Felony And if any Person by Words Writing Printing Cyphering or otherwise publish declare or hold Opinion contrary to the said five Articles he forfeits his Goods and Chattels for ever the Profits of his Lands Tenements and other his real Estate during his life his Spiritual Promotion shall be utterly void and his body imprisoned at the King's Pleasure for the first offence and for the second offence to be adjudg'd a Felon and suffer and forfeit as a Felon without Benefit of Clergy By which Act it plainly appears that the denying of Transubstantiation was by this Law made High Treason The publishing or holding the necessity of Receiving in both kinds the lawfulness of Priests Marrying the unlawfulness of vowing Chastity of private Masses and Auricular Confession was no less than Felony or at least a Premunire So that in a word to be a Protestant was to be a Traytor a Felon or subject to a Premunire And could they have found any punishment inflicted by our Laws that is worse they would no doubt have made the Protestants subject to it and that not as Offenders against the Polity of the Civil State but purely upon the Account of their Religion And therefore the next thing that is done by these destroyers of Souls as well as Bodies is to take away all means of Knowledge as well as to inhibit the Promulgation thereof upon such severe Penalties and for that purpose was the Act of 34 H. 8. ca. 1. made Whereby 34 H. 8. ca. 1. Rast Stat. p. 782. The means of Knowledge in Religion taken away by this Act from the Protestants All Books of the Old and New Testament in English being of Tindal's Translation or Comprising any matter of Christian Religion Articles of the Faith or holy Scripture contrary to the Doctrine aforesaid i. e. the Doctrine of Popery and set forth after the year 1540 or then to be set forth by the King were utterly abolished no Printer or Bookseller was to utter any of the aforesaid Books no person was to play in enterlude sing or rhyme contrary to the said Doctrine no person was to retain any English Books or Writings concerning matter against the Holy and Blessed Sacrament of the Altar i. e. the Mass or other Books abolished by the King's Proclamation there was to be no annotations or preambles in Bibles or New Testaments in English The Bible was not to be read in English in any Church no Women or Artificers Prentices Iourneymen Servingmen of the degrees of Yeomen or under Husbandmen nor Labourers should read the new Testament in English Nothing was to be taught or maintained contrary to the King's Instructions which were for the suppressing Heresie or Protestantism and if any Spiritual person should preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and should be thereof Convict he should for his first Offence recant for the second abjure and bear a Fagot and for his third should be adjudged an Heretick and be burnt and lose all his Goods and Chattels And whoever will take the pains to read over 1 Dr. Burnet the History of the Reformation together with 2 Fox the Book of Martyrs of which Book Dr. Burnet in his Preface to the first part of his History of the Reformation saith that he having compared his Acts and Monuments with the Records had never been able to discover any Errors or Prevarications in them but the utmost fidelity and exactness will find so many instances of putting all these bloody Laws before mentioned in Execution as I perswade my self that there are some Papists would e'en blush at and be throughly ashamed of and if they have any thing of Humanity in them must utterly abhor But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants the Reformation in King Edward the 6 th's time of Glorious Memory intervening I shall shew how the Reformers used the Papists in his Reign CHAP. V. Ed. VI. IT may be expected that I should say something of Henry the 8 th's Reformation But as to what was done in Henry the 8 th's time I shall not trouble the Reader with any thing because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good that he concludes his first part of the History of the Reformation Hist of the Reformation vol. 1. p. 362. with this speaking of Henry the 8 th I do not deny that he is to be numbred among the ill Princes yet I can't rank him with the worst Which Character certainly the preceeding account of the Laws made in his time against the Protestants does evidence to be very favourable to him I shall therefore begin with the Laws made in the Reign of King Edward the 6 th and the manner of introducing them King Edward the 6 th coming to the Crown young and Cranmer and others designing throughly to reform the Church of England from the Errors and Corruptions that were crept into Her during the time she was under the Popish Tyranny The first step that was set in order to it was the visiting the Clergy quite over England and compiling some wholesome Homilies Mild Methods us'd by King Ed. the 6th before any Laws made to supply the defect of Sermons by reason of the ignorance of the then Clergy and to prevent unnecessary Disputes in the Pulpits Their Articles and Injunctions for the Visitation were to be observed under the pains of Excommunication Sequestration or Deprivation not upon the Penalty of being burnt as a Heretick or forfeiture either of Lands in fee simple or Goods or Chattels or either or any of them This was done before the Parliament was called November the 4 th 1547. The Parliament met and the first Act of Parliament that was made was an Act against such as should unreverently speak against the Sacrament of the Altar and of the receiving thereof under both kinds which Act of Parliament in the Preamble takes notice That the King
Bangor and of Lincoln and besides the same now of late much more divers and sundry forms and fashions have been used in the Cathedral and Parish Churches of England and Wales as well concerning the Mattens or Morning Prayer and the Even-Song as concerning the Holy Communion commonly called the Mass with divers and sundry Rites and Ceremonies concerning the same and in the administration of other Sacraments in the Church and as the Doers and Executors of the said Rights and Ceremonies in other form than of late years they have been used were pleased therewith so others not using the same Rites and Ceremonies were thereby greatly offended and albeit the King's Majesty with the Advice of his most entirely beloved Vncle the Lord Protector and other of his Highness Council hath therefore divers times assayed to stay Innovations or new Rites concerning the premises yet the same hath not had such good success as his Highness required in that behalf whereupon his Highness by the most prudent advice aforesaid being pleased to bear with the frailty and weakness of his Subjects in that behalf of his great Clemency hath not been only content to abstain from punishment of those that have offended in that behalf for that his Highness taketh that they did it of a good Zeal but also to the intent an uniform quiet and Godly Order should be had concerning the premises hath appointed the Arch-Bishop of Canterbury and certain of the most learned and Discreet Bishops and other Learned Men of this Realm to consider and ponder the premises and there upon having as well eye and respect to the most sincere and pure Christian Religion taught by the Scripture as to the usages in the Primitive Church should draw and make one convenient and meet order right and fashion of Common and open Prayer and Administration of the Sacraments to be had and used in his Majesties Realm of England and in Wales the which at this time by the aid of the Holy Ghost with one Vniform Agreement is of them concluded set forth and delivered to his Highness to his great comfort and quietness of mind in a Book intituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies after the use of the Church of England From which Preamble I observe 1 st That notwithstanding all the endeavours used by the King and his Council to stay Innovations and throughly to reform the Administration of the Sacraments of the Lord's Supper divers of his Subjects would not comply 2 dly That their non-complyance was attributed to their frailty and weakness And 3 dly that his Clemency was such towards them that he abstained from punishing them because he took it that they did it of a good Zeal This Book of Common-Prayer being compiled further to shew tenderness to the Papists it was Enacted That all and singular person and persons that had offended concerning the premises other then such person and persons as were then in the Tower of London or in the Fleet should be pardoned thereof and that all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales Callis and in the Marches of the same or other the King's Dominions should from and after the Feast of Pentecost then next coming be bounden to say and use the Matins Evensong celebration of the Lord's Supper commonly called the Mass and Administration of each of the Sacraments and all their common and open Prayer in such Order and Form as is before mention'd in the said Book and none other or otherwise and it was further Enacted That if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common-Prayer mentioned in the said Book or Minister the Sacraments should after the time therein prefixt refuse to use the said Common-Prayers or to Minister the Sacraments in such Cathedral or Parish Church or other places as he should or minister the same in such Order and Form as they be mentioned and set forth in the said Book or should use wilfully and obstinately standing in the same any other Rite Ceremony Order Form or manner of Mass openly or privily or Mattins Evensong Administration of the Sacraments or other open Prayer then is mentioned and set forth in the said Book Open Prayer in and throughout this Act is meant that Prayer which is for others to come unto or heat either in common Churches or private Chappels or Oratories commonly called the Service of the Church or should Preach Declare or speak any thing in derogation or depraving of the said Book or any thing therein contained or of any part thereof and should be thereof lawfully convicted according to the Laws of this Realm by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact should lose and forfeit to the King's Highness his Heirs and Successors for his first Offence the profits of such one of his Spiritual Benefites or Promotions as it shall please the King's Highness to Assign or appoint coming or arising in one whole year next after this Conviction And also should suffer six Months Imprisonment without Bail or Mainprize And should for his second offence suffer a years Imprisonment and be deprived ipso facto of all his Spiritual Promotions and that it should be lawful to all Patrons Donors and Grantors of all and singular the same Spiritual Promotions to present to the same any other able Clerk in like manner and form as though the Party so offending were dead And for the third offence should suffer Imprisonment during his life And that Lay persons offending in the premises should for the first offence suffer Imprisonment during six Months without Bail or Mainprize and for his second offence suffer Imprsonment during his Life And it is further thereby Enacted that if any person should in any Interludes Plays Songs Rhymes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or should by open Fact Deed or by open thréatnings compel or cause or otherwise procure or Maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chappel or in any other place to sing or to say any common or open Prayer or to Minister any Sacrament otherwise or in any other manner or form than is mentioned in the said Book or that by any of the said means shall lawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing and say common and open prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book they should forfeit to the King our Soveraign Lord his Heirs and Successors ten pounds for the first offence and for non-payment should suffer three months Imprisonment without
minding the Governance and Order of his most loving Subjects 1 Ed. 6. ca. 1. Rast Stat. f. 902. The Administration of the Lords Supper restored and the punishment inflicted on despisers and neglecters of it more moderate than what the Papists inflicted on the Protestants to be in most perfect unity and concord in all things and in especial in the true Faith and Religion of God and wishing the same to be brought about with all Clemency and Mercy on his Highness part towards them as his most Princely Serenity and Majesty hath already declared by evident proof to the intent that his most loving Subjects provoked by Clemency and Goodness of their Prince and King should study rather for love than fear to do their duties first to Almighty God and then to him and the Commonwealth nourishing concord and love amongst themselves yet considered and perceived that in a Multitude all were not of that sort that Reason and the Knowledge of their Duty could move them from Offences but many had need of some bridle of fear and that same were men most contentious and arrogant for the most part or else most dlind and ignorant by the means of which sort of men many things well and godly instituted and to the Edification of many were perverted and abused and turned to their own and others great loss and hindrance and sometime to extream destruction the which doth appear in nothing more or sooner than in matters of Religion and in the great and high Mysteries thereof and particularly instanceth in the most comfortable Sacrament of the body and blood of our Saviour Iesus Christ and sets forth that the same was Instituted by Christ himself the words of the Institution and for what end and then saith that notwithstanding this the said Sacrament had been marvelously abused by such manner of men before rehearsed who of wickedness or else of ignorance and want of learning for certain abuses then-to-fore committed of some in misusing thereof had condemned in their hearts and speech the whole thing and contemptuously depraved despised or reviled the same most holy and blessed Sacrament and not only disputed and reasoned unreverently and ungodly of that most high Mystery but also in their Sermons Preachings Readings Lectures Communications Arguments Talks Songs Plays or Iests name or call it by such vile and unseemly words as Christian Ears do abhor to hear rehearsed From this preamble I gather that the Popish Clergy had been greatly guilty of defaming the administration of the Sacrament of the Lord's Supper as used by the Protestants according to our Saviour's Institution and that this Law was made to inhibit such defamations and to effect the same with as much Clemency and Gentleness as the nature of the thing and the circumstances of time would bear as will appear by what was Enacted for Reformation of such abuse which was That whoever was guilty of the like abuse after the time in the Act for that purpose mentioned should be imprisoned and make fine and ransome at the King's Will and Pleasure That three Justices of the Peace at least whereof one to be of the Quorum should have power to take Informations and Accusations by the Oaths and Depositions of two able honest and lawful Persons at the least and then to trye the party accused by a Jury at their Quarter Sessions From which I observe First that the Reformers did not make any Offence relating to the Sacrament high Treason as the Papists had done denying Transubstantiation 2. That they did not leave it to the Clergy to examine in a Summary way and convict and then deliver the Offender over to the Secular power to be burnt but left the Party to be accused by Legal Witnesses and Tryed by a Jury of Honest and Legal Men according to the Fundamental Laws of the Kingdom Nay 3 dly They were so far from restraining the party accused of his Liberty That it is particularly provided by the said Statute that they might take Bail for his appearance After which it was Enacted by the same Act and which I desire you to take in Doctor Burnet's own words That it being more agreeable to Christ's first Institution and the practice of the Church for five hundred years after Christ Hist Reform pt 2. p. 41. that the Sacrament should be given in both the kinds of Bread and Wine than in one kind only it should be commonly given in both kinds except necessity did otherwise require and it being also more agreeable to the first Institution and the Primitive Practice that the People should receive with the Priest than that the Priest should receive it alone Therefore the day before every Sacrament an Exhortation was to be made to the People to prepare themselves for it in which the benefits and dangers of worthy and unworthy Receiving were to be expressed and the Priests were not without a lawful Cause to deny it to any who humbly asked it From which I observe That this Act was made to restore the Administration of the Lords Supper to its Antient and Primitive usage in both kinds with the Priest and that the Priest had not power to refuse giving it to any without just ground and that however here is no Penalty annexed either Spiritual or Temporal Several other Laws were made in order to carrying on the Reformation which inflicted no Penalty upon the Popish Clergy or Layety but were made for the well governing the Church of England as it stood then Reformed and put it out of the power of the Papists to hurt them Rast Stat. f. 904. as the 1 E. 6.2 for the Election of Bishops 1 Ed. 6.12 for repealing 5 R. 2.6 2 H. 5.7.25 H. 8.14.31 H. 8.14 34 H. 8.1 and 35 H. 8.5 Which were the severe Laws that the Popish Bishops and Prelates had obtained against the Professors of the true Religion whom they had nick-named in derision Lollards Hereticks and Gospellers When the Reformation in Edward the 6 th's time had restored the right Administration of the Sacrament of the Lord's Supper they rested for two years before they reformed the Liturgy to the end they might by degrees and with all Acts of Clemency and Kindness draw the Papists off from their Innovations and Corruptions but finding that would not do in the 3 d. year of Ed. 6. An Act for Vniformity of Service and Administration of the Sacraments throughout the Realm was made and enjoyned upon much milder penalties than any Laws relating to Religion that were made by the Papists for the Excellency of the Preamble of which Act and that the truth of the Penalties may appear I have inserted both 23 E. 6. Ca. 1. Rast Stat. f. 932. An Act for Vniformity upon mild Penaltus injoyned Whereas long time there hath been had in this Realm of England and in Wales divers forms of Common-Prayer commonly called the Service of the Church that is to say the use of Sarum of York of
in one Week viz. in May 1606 who though he won his Wager yet was a Looser never getting his Winnings Piercy Wright c. who now lurked about London to expect the fatal Blow informed of the Discovery takes Horse making what haste they can to their Companions appointed to be at the Rendezvous on Dunsmore in brief according to their Abilities they run into open Rebellion but to their own Destruction The high Sheriffs with other Magistrates and Loyal Subjects so hunting them that they were either all dispersed slain or taken and the Chief of them afterwards condemned and executed Proceedings against Garnet and his Confederates printed by Robert Barker Printeâ— to the Kings most excellent Majesty 1606. to prevent untrue and incoherent Reports and Relations of their Tryals as the Epistle to the Book informs us And for the Confirmation of the Truth of these things I shall here insert the Heads of Sir Edward Coke's Speech at the Tryal of Robert Winter and divers others for their Treason in Westminster-Hall before the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Devonshire the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Peter Warburton Knight one of the Justices of the Court of Common-Pleas Lords Commissioners for that purpose On the 27 th of January 1605. were arraigned upon one Indictment Robert Winter Esq Thomas Winter Gent. Guy Fawks Gent. John Garnet Esq Ambrose Rookwood Esq Robert Keys Gent. and Thomas Bates upon another Indictment Sir Everard Digby At the Tryal of Winter and the rest upon the first Indictment * The Heads of the Speech of Sir Edward Coke at the Tryal of some of the Conspirators Sir Edward Coke than Attorney General made a very long and learned Speech wherein he first answered the Clamor that the Papists and their Adherents had then made because they were not sooner tryed Then he opened the Hainousness of the Crime in all the Aggravating Circumstances of it He said that as the Powder-Treason was of its self prodigious and unnatural so was it in its Conception and Birth most monstrous as arising out of the dead Ashes of former Treasons and then takes notice of very many if not all the Treasons before mentioned I think in this Speech and the Speech he made at Garnets Tryal all I am sure the most are taken in He then considered the Powder-Plot it self with regard to the Persons by whom the same was conspired And they were Clergy and Laity of the Roman Communion The Laity Gentlemen of good Houses of excellent Parts however most perniciously seduced abused corrupted and Jesuited of very competent Fortunes and Estates It being then said that there was never a Religious Man in the Action saith he in answer I never yet knew a Treason without a Romish Priest and names as ingaged in this Henry Garnet alias Wally the Superior of the Jesuits Legier here in England Father Creswel Legier Jesuit in Spain Father Baldwin Legier in Flanders as Parsons at Rome besides their Cursory Men as Gerrard Oswald Tesmond alias Greenway Hamond and Hall then he opened the Doctrines and Practices of the Jesuits and other Priests of the Romish Church which he proves from Simanca Creswels Philopater and other Books Then he considered the Persons against whom this Treason was conspired the King the Queen the Royal Issue Male the most honourable and prudent Councellors and all the true hearted and worthy Nobles all the Reverend and Learned Bishops all the Grave Judges and Sages of the Law all the principal Knights Citizens and Burgeesss of Parliament the Flower of the whole Realm Then he considered that this was designed notwithstanding the King had used so great Lenity toward the Papists that by the space of a whole Year and four Months he took no Penalties of them due upon the Statutes and besides this divers of the Papists were greatly preferred Then he considered the House of Parliament which they pretended they chose because there the Penal Laws were made against them which he answered by briefly showing what Laws were made against them and that their own Treasons were the true Grounds of making them Then he considered the End of this Conspiracy which was to bring a final and fatal Confusion upon the State and this is to be effected by damnable Means by mineing by thirty six Barrels of Powder having Crows of Iron Stone and Wood laid upon the Barrels to have made the Breach the greater Then he considered the Secresie of the Contrivance and Carriage of this Treason in three Respects the first that Catesby had Recommendation for a Regiment of Horse in the Low-Countries that under that Pretence he might furnish this Treason with Horse without Suspicion The Second was the Oath before mentioned The Third the Sacrament He then took notice of the admirable Discovery of this Treason and proceeded to make nine several Observations upon the whole which were these First The Mine had never been discovered had not the Cellar been hired 2. The Kings Directing the Search to be made there from those dark Words A Terrible Blow 3. Catesby Rookwood and Grants their narrow Escapes having a few Days before they were taken been in very great Danger of being blown up by Gun-powder 4. Gun-powder was the Invention of a Fryar 5. Binham was sent to the Pope to give notice of this Blow and to crave his Direction and Aid 6. Notwithstanding their rising in open Rebellion and giving out that the Catholics Throats would be cut not one Man came in to take their Parts but their own Company 7. The Sheriff immediately supprest them 8. The Discovery was made a few hours before it was to have been put in Execution 9. That there never was any Protestant Minister in any Treason and Murther that had been then attempted within the Realm Then he compared this Plot with that of Raleigh and Watson and Clark. 1. They had both one end 2. Both to be effected by Popish and discontented Persons Priests and Laymen 3. They all played at Hazzard the Priests were at the By Raleigh at the Main but these in at all purposing to destroy King Issue whole State. 4. All obliged by the same Oath and Sacrament 5. The same Proclamation after the Fact for Reformation of Abuses 6. The like Army provided for Invading 7. The same Pension of Crows promised 8. The Agreeing of the Times which was when the Constable of Spain was coming hither which was intended a Colour to the Invasion that it might not be suspected After Sir Edward Coke had ended his Speech The Evidence against the Traitors the Examinations of Winter and the rest subscribed by themselves were shown particularly to every one of them and acknowledged by them to be their own and true and in their Examinations every one had confest the Treason which Confessions were afterwards openly and distinctly read by
brought their Designs about and the Palatinate was irretrievably lost they broke off the Match and left the King and Prince in the Lurch Right Popish Jugling After this Treaty was dissolved the King thinks of a Match with France The French Match Rushw Coll. 1 pt f. 114. A Parliament called and the Lord Kensington was sent Ambassadot into France to feel the Pulse of that Court touching it and gives an Account that it would be accepted soon after which a Parliament was called to meet the twelfth of February in the 21 st year of this King 1623. and now the King is of the Mind to take the Parliaments Advice about his Sons Match as he told them and is grieved for the Increase of Popery if after all the foregoing Passages it be to be believed and promises a great deal and porforms never a whit And here I cannot omit what Wilson saith speaking of this Parliaments Petition against Papists and the Kings Answer both which he hath printed at large f. 272.273 274 275. to which I refer the Reader If the King saith he had seriously and really considered the very last Clause of this Petition wherein the Glory of God and the Safety of his Kingdoms so much consisted as the Parliament wisely express and foresee and which the King saith is the best Advice in the World and which he promised so faithfully to observe in the next Treaty of Marriage for his Son it might perhaps have kept the Crown upon the head of his Posterity But when Princes break with the People A good Caution for all Christian Princes and States in those Promises that concern the Honour of God God will let their People break with them to their Ruine and Dishonour And this Maxim holds in all Powers whether Kingdoms or Common-wealths as they are established by Justice so the Justice of Religion which tends most to the Glory of God is principally to be observed The Parliament followed the Chase close The Parliament displaceth Papists and bolted out divers of the Nobility and Gentry of Eminency popishly affected that had earthed themselves in Places of high Trust and Power in the Kingdom as if they meant to undermine the Nation Their Names Wilson saith were these Francis Earl of Rutland the Duke of Buckinghams Wives Father Sir Thomas Compton Their Names VVilson's Hist f. 276. that was married to the Dukes Mother and the Countess her self who was the Cynosure they all steered by the Earl of Castle-haven the Lord Herbert after Earl of Worcester the Lord Viscount Colchester after Earl of Rivers the Lord Peter the Lord Morley the Lord Windsor the Lord Eure the Lord Wotton the Lord Teinham the Lord Scroop who was Lord President of the North and which they omitted the Earl of Northampton Lord President of Wales who married his Children to Papists and permitted them to be bred up in Popery Sir William Courtney Sir Thomas Brudnell Sir Thomas Somerset Sir Gilbert Ireland Sir Francis Stonners Sir Anthony Brown Sir Francis Howard Sir William Powel Sir Francis Lacon Sir Lewis Lewkner Sir William Awbury Sir John Gage Sir John Shelly Sir Henry Carvell Sir Thomas Wiseman Sir Thomas Geâ—rard Sir John Filpot Sir Thomas Russel Sir Henry Beddingfield Sir William Wrey Sir John Counwey Sir Charles Jones Sir Ralph Conyers Sir Thomas Lamplough Sir Thomas Savage Sir William Mosely Sir Hugh Beston Sir Thomas Riddall Sir Marmaduke Nivell Sir John Townesend Sir William Norris Sir Philip Knevet Sir John Tasborough Sir William Selbie Sir Richard Titehborn Sir John Hall Sir George Perkins Sir Thomas Penrodduck Sir Nicholas Saunders Knights besides several Esquires popishly addicted either in their own Persons or by means of their Wives too tedious to be expressed here and these were dispersed and seated in every County who were not only in Office and Commission but had Countenance from Court by which they grew up and flourished so that their Exuberancy hindred the Growth of any Goodness or Piety their Malice pleased to drop upon Soon after which the Parliament was adjourned after they had made thirty five publick Acts and seventy three private ones but nothing was done with relation to the Papists Rushw Coll. 1 pt f. 154 155. VVilson f. 277. saith the King desired this Match above all Earthly Blessings The King admiring the Alliance of mighty Kings though of a contrary Religion desired the Match with France unmeasurably notwithstanding his Promise to the Parliament which the French perceived and though they were very forward before yet now abated of that Forwardness And whereas they were at first very modest in their Demands in favour of the Papists yet now inlarged those Demands and strained the King to the Concession of such Immunities as he had promised the Parliament he would never grant In August 1624. this Match was concluded and in November the Articles were sworn unto by King James Prince Charles and the French King the Articles concerning Religion were not much short of those for the Spanish Match Papists encouraged by the Treaty with France Rushw Coll. 1 pt f. 154. The Papists formerly daunted by the Breach of the Spanish Match were now again revived by the Marriage Treaty with France And at this time upon the Death of William titular Bishop of Calcedon most of the English Secular Priests did petition the Pope that another Bishop might be sent over into England there to ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Killison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this Matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo the President of the English Benedictines of Doway wrote a Letter in their Behalf at the Congregation at Rome named of the Propagation of the Faith. Dated the 12 th of December 1624. In which Letter was this Passage That there were above sixty Benedictine Monks in England and that it is not to be doubted said he for that it is already seen the good Success under the first Bishop that another Bishop being constituted there would be more joyful Fruits within two Years in the English Mission than hitherto hath been for sixty years now lapsed But not long after the Episcopal party of the Romish Church prevailing Pope Vrban the VIII created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions The Close of this Kings Reign Rushw Coll. f. 155. And now I am come to the Close of this Kings Reign for after he had notwithstanding all his connivance at the Papists out of either Ambition or Cowardise recommended the Protection of the Church of England to the then Prince of Wales Charles the First advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter
the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and