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
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
which it appeared that Bates was resolved for what he undertook in this Powder-Treason being therein warranted by the Jesuits Also that Hamond the Jesuite the 7 th of November after the Discovery confest and absolved them The Confessions of Watson and Clark Seminary Priests upon their Apprehension was also taken notice of who affirmed that there was some Treason intended by the Jesuits and then in hand After the reading their several Examinations Confessions Their Conviction Condemnation and Execution and voluntary Declarations as well of themselves as of some of their dead Confederates they were all found guilty and having nothing to say for themselves were comdemned and executed Sir Everad Digby having likewise confest the same was found guilty condemned and executed for the same Treason Garnets Arraignment Tryal and Confeson Proceedings printed in 1606. Foulis l. 10. c. 2. f. 514 517. Henry Garnet Superior of the Jesuits in England was arraigned and tryed for the same Treason on Friday the 28 th of March 1606. at Guild Hall in London before Sir Leonard Holiday Lord Mayor the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Christopher Yelverton Knight one of his Majesties Justices of the Kings-Bench Lords Commissioners for that purpose He was a grand Agitator in this Plot and did himself at last confess thus much That Catesby had told him of the Plot but not by way of Confession that Greenwel had told him of this not as a Fault for how could they do so that approved it as meritorious but as a thing that he had Intelligence of and told it him by way of Consultation that Catesby and Greenwel came together to him to be resolved that Tesmond and he had Conference of the Particulars of the Powder-Treason in Essex that Greenwel asked him who should be Protector Garnet said that was to be deferred till the Blow was past that he ought to have revealed it to the King that nothing deterred him from the Discovery so much as his Unwillingness to betray Catesby that he had greatly sinned against God the King and the Kingdom in not revealing it of whom he heartily begged Pardon and Forgiveness Garnet Condemned and Executed Foulis Hist lib. 10. cap. 2. f. 514. Proceedings And for this Treason he was condemned and after his Condemnation he himself said That the Sentence was justly passed on him The third of May following he was executed at the West End of St. Paul's Church-Yard where he appeared in a troubled and amazed Condition still prying and peeping about for a Pardon although Henry Montague Recorder of the City pitying his Perplexedness assured him there would be none granted And thus died this Garnet after he had confirmed the Matters contained in the Confessions of them that had been before executed by this Confession of his own And that none that are willing to receive Truth as it is which ingenuous Men always are may remain in doubt take the true reason of his Confession from himself at Foulis relates it The reason of Garnets Confession Foulis Hist lib. 10. cap. 2. f. 515. The Jesuits being not a little offended that he should any way confess himself guilty which with some might be a Blot both to himself and their Order Garnet to vindicate himself to them and to shew the Folly of denying any longer thus writes to them What should I do First of all the rest of the Confederates have accused me Secondly Catesby always made use of my Authority amongst them whereby most of them were perswaded to have a good Opinion of the Enterprize so that all knew I was in it Thirdly two set on purpose heard me discourse the whole business with Oldcorn and tell him how I thought to answer all Objections Fourthly My Letters writ with the Juice of Orange to Mrs. Anne Anne Vaux are I know not how fallen into their Hands whereby I plainly enough discovered my Knowledge of it Whence I gather that the Jesuits did sufficiently tamper with him to conceal his Guilt and that he would have concealed it if he could and all that have writ in Justification of him are sufficiently answered by his own Confession and the four Reasons above mentioned that induced him thereunto to which add his further Confession That he had often vowed both by Words and Writings to the Lay Conspirators that he would never discover or betray any of them and his acknowledging his Offence wishing it were in his Power to undo that which was done and that if the whole World were his he would willingly give it to quit himself from the Guilt of Treason which now troubled his Conscience Moreover he himself owned in a Letter to Mrs Anne Vaux That he was sorry he could not die for Religion but for Treasons These Instances are certainly sufficient to convince any unbyassed Reader but to put the Matter out of doubt and if it be possible to convince even the Papists Thuanus himself one of their own Communion Privy-Councellor to the French King and President of the Supream Senate of that Kingdom was so fully convinced of the Truth of this Conspiracy and that all the Conspirators before named were ingaged in it that he writ a most ingenuous Narrative of the whole in Latin which was in the year 1674. faithfully rendred into English and printed where the Papists that do not understand Latine may if they please receive ample Satisfaction So detestable it seems this Conspiracy was to some of the English Colledge at Rome that being informed of the Discovery of this Plot sixteen of them abhorring such jugling and bloody Designs forsook the Colledge slipt into France Translation of Thuanus f. 1. and thence some of them came into England and turned Protestants But nothing will convince some Papists for notwithstanding all the Confessions aforesaid and Convictions Foulis Hist l. 10. cap. 2. f. 510. and Executions upon those Confessions there are not a few who would perswade the World to believe that all this was but a mear Cheat a Trick of Salisbury the then Secretary And Foulis saith he once heard a Story very gravely told that one lurking under the Council-Table concealed by the long Carper heard much of the Contrivance a Tale so absurd and ridiculous that after what hath been already said to endeavour to confute it would argue more impertinence then they were guilty of who broached the Story This Conspiracy being discovered in so wonderful a manner and the Deliverance attended with so many amazing Circumstances the Parliament took the same into their Consideration and in the first place made a Law for keeping an Anniversary Day of Thanks-giving on the Fifth of November and enacted the same Law should be read in the Churches publickly upon the same Day and then made an Act for the Attainder of the Offenders Which Acts
made the Papists were ingaged in a most Horrid Plot against the Protestant Religion and the Parliament having now made this Act whereby the Papists are excluded from all Places of Profit and Trust it is not hard to believe that their Malice was thereby greatly heightned and their Rage very much increased against the Protestants and their Actings put it beyond doubt that it was so For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction and so inhumane were they that notwithstanding the late King Charles the Second's Kindness to them yet unless he would fully comply with them in the butchering his Protestant Subjects extirpating the Protestant Religion which they called a * Coleman's Tryal p. 69. Pestilent Heresie and the introducing of the Romish Superstition and Idolatry he must be taken out of the way to make room for one that would I confess I have met with very many that have owned the Dis-believing of any such Design but when I seriously reflect upon the Letters that were produced against Mr. Coleman and owned by himself to be his when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot that was discovered in 1678. and the Agreement that there is in the Substance of the thing although there may be some Variations as to Circumstances when I consider the Witnesses were Strangers to one another that did so agree in their Testimony and that the Discovery was so sudden and the Witnesses came in so quick one after another after the Discovery that it is not to be presumed there could be any Subornation when I consider the Credit they had with the King himself and with four Parliaments when I consider the great Attempts notwithstanding to take the Odium off the Papists and cast it upon the Protestants when I consider the unwearied Pains taken by the Papists and some that are much worse because they espoused their Cause under a Protestant Vizar to lay the Murther of Sir Edmond-Bury-Godfrey at the Protestants Door and to wipe off the Stain thereof from the Papists when I consider the Methods that were taken in the late King James the Seconds his Reign so exactly pursuant to what was designed in case Charles the Second had fallen as was contrived * Either by Shooting Poison or Stobing the first of which Methods was by granting a general †The Declaration for Liberty of Conscience Designed to be published in case the Popish Plot had then taken effect you may find printed in Coleman's Trial p. 58. Liberty of Conscience and thereby deluding divers Protestants to serve a Popish Interest although against their Wills it is to me matter of Amazement that there should remain the least doubt of the Truth of that Plot in the Minds of any that are really Protestants especially when I consider that there wanted nothing in the late King James's Reign but a Parliament to take off the Penal Laws and Tests to bring that Popish Plot to the highest Perfection that the Papists ever designed and what Endeavors there were to obtain that is sufficiently known To run through the whole Series of that Popish Plot would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its Design can warrant which is the publick Good and therefore as a Confirmation of the Truth of that Plot and to refresh the Memory of those who perhaps are willing to forget it I shall here only insert Coleman's Letters as you will find them printed in his Tryal and also Bedloes Depositions as they were taken before and printed by Sir Francis North then Lord Chief Justice of the Common-Pleas and afterwards made Lord Keeper of the Great Seal of England for the good Services he had done the Crown Coleman's Letters are as followeth Mr. Coleman's First Letter SInce Father St. German has been so kind to me Coleman 's Tryal p. 44. as to recommend me to your Reverence so advantagiously as to encourage you to accept of my Correspondency I will own to him that he has done me a Favour without consulting me greater than I could have been capable of if he had advised with me because I could not then have had the Confidence to have permitted him to ask it on my Behalf And I am so sensible of the Honour you are pleased to do me that though I cannot deserve it yet to shew at least the Sense I have of it I will deal as freely and openly with you this first time as if I had had the Honour of your Acquaintance all my Life And shall make no Apology for so doing but only tell you that I know your Character perfectly well though I am not so happy as to know your Person and that I have an Opportunity of putting this Letter into the Hands of Father St. Germans Nephew for whose Integrity and Prudence he has undertaken without any sort of Hazard In order then Sir to the plainness I profess I will tell you what has formerly passed between your Reverences Predecessor Father Ferryer and my self About three Years ago when the King my Master sent a Troop of Horse Guards into his most Christian Majesties Service under the Command of my Lord Durass he sent with it an Officer called Sir William Throckmorton with whom I had a particular Intimacy and who had then very newly imbraced the Catholic Religion to him did I constantly write and by him address my self to Father Farryer The first thing of great Importance I presumed to offer him not to trouble you with lesser Matters or what passed here before and immediately after the fatal Revolution of the Kings Declaration for Liberty of Conscience to which we owe all our Miseries and Hazards was in July August and September 1673. when I constantly inculcated the great Danger the Catholic Religion and his most Christian Majesties Interest would be in at our next Sessions of Parliament which was then to be in October following at which I plainly foresaw that the King my Master would be forced to something in prejudice to his Alliance with France Which I saw so evidently and particularly that we should make Peace with Holland that I urged all the Arguments I could which to me were Demonstrations to convince your Court of that Mischief and pressed all I could to perswade his most Christian Majesty to use his utmost Endeavor to prevent that Session of our Parliament and proposed Expedients how to do it But was answered so often and so positively that his most Christian Majesty was so well assured by his Embassador here our Embassador there the Lord Arlington and even the King himself that he had no such Apprehensions at all but was fully satisfied to the contrary and looked upon what I offered as a very zealous Mistake that I was forced to give over arguing though not believing as I did
submit themselves to the Romish Bishops and Prelates and the Histories of those times acquaint us that they were the Professors of the true Religion afterwards called Protestants By Colour of this supposed Act certain persons that held that Images were not to be worshipped Co. Inst 3 d. fol. 40. and such like Doctrines which the Protestants now hold were detained and tormented in Prison till they were compelled before the Masters of Divinity as they called themselves to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God. This these Popish Bishops and Prelates did by vertue of this Law which indeed was none for it was onely signed by the King at the instance of the Bishops and Prelates and never assented to by the Commons and therefore in the next Parliament the Commons preferred a Bill reciting the said supposed Act and constantly affirmed that they never assented thereunto and therefore desired that the same might be made void for they protested that it was never their intent to be justified and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past whereto the King gave his Royal Assent in these words y pleist au Roy. But in the Proclamation of the Acts of that Parliament Co. 12.58 and 3. Inst f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. ca. 5. was continually printed and looked on as a Good Law and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print Such pious Frauds have been always practised by the Popish Clergy and always found necessary for the supporting of the credit of that Church CHAP. II. Hen. IV. THe Rage of the Popish Clergy against the Wicklivites or Professors of the true Religion increasing with the increase of the light of the Gospel and they fearing that the said contrivance might be detected to the end that they might be yet more able effectually if it were possible to suppress the truth when they had requited R. 2. for granting them that supposed Law with deposing him and assisting H. 4. to usurp the Crown they in the 2 d. H. 4. apply themselves to him for a further Law for the preservation of the Catholick Faith as they called it against Christ's true Religion by them miscalled Heresie and he in gratitude to them in assisting him in his coming to the Crown granted them a Law to their Hearts content which follows as it is printed in Rastal 's Statutes in these words Whereas it is shewed to our Soveraign Lord the King on the behalf of the Prelates and Clergy of this Realm of England in this present Parliament 2 H. 4. ca. 15. Rast Stat. f. 180. By this Law the Professors of the true Religion were to be burnt as Hereticks that although the Catholick Faith builded upon Christ and by his Apostles and the holy Church sufficiently determined declared and approved hath been hitherto by good and holy and most noble Progenitors of our Soveraign Lord the King in the said Realm amongst all the Realms of the World most devoutly observed and the Church of England by his said most noble Progenitors and Ancestors to the honour of God and of the whole Realm aforesaid laudably endowed and in her Rights and Liberties sustained without that that the same Faith or the said Church was hurt or grievously oppressed or else perturbed by any perverse Doctrine or Wicked Heretical or Erronious Opinions Yet nevertheless divers false and perverse people of a certain new Sect of the Faith of the Sacraments of the Church and the Authority of the same damnably thinking and against the Law of God and of the Church usurping the Office of Preaching do perversly and malitiously in divers places within the said Realm under the colour of dissembled Holiness preach and teach these dayes openly and privily divers new Doctrines and wicked heretical and eronious Opinions contrary to the same Faith and blessed determinations of the Holy Church And of such Sect and wicked Doctrine and Opinions they make unlawful Conventicles and Confederacies they hold and exercise Schools they make and write Books they do wickedly instruct and informe people and as much as they may excite and stir them to Sedition and Insurrection and maketh great strife and division among the people and other Enormities horribly to be heard daily do perpetrate and commit in subversion of the said Catholick Faith and Doctrine of the Holy Church in diminution of God's Honour and also in destruction of the Estates Rights and Liberties of the said Church of England by which Sect and wicked and false Preachings Doctrines and Opinions of the said false and perverse people not only most greatest peril of the Souls but also many other harts flanders and perils which God prohibit might come to this Realm unless it be the more plentifully and speedily holpen by the King's Majesty in this behalf namely whereas the Diocesans of the said Realm cannot by their Iurisdiction Spiritual without aid of the said Royal Majesty sufficiently correct the said false and perverse people nor refrain their malice because the said false and perverse people do go from Diocess to Diocess and will not appear before the said Diocesans but the same Diocesans and their Iurisdiction Spiritual and the Keys of the Church with the Censures of the same do utterly contemn and despise and so their wicked Preachings and Doctrines doth from day to day continue and exercise to the hatred of Right and Reason and utter destruction of Order and good Rule Vpon which Novelties and Excesses above rehersed the Prelates and Clergy aforesaid and also the Commons of the said Realm being in the said Parliament praying our Soveraign Lord the King that his Royal Highness would vouchsafe in the said Parliament to provide a convenient Remedy The same our Soveraign Lord the King gratiously considering the premises and also the laudable steps of his said most noble Progenitors and Ancestors for the conservation of the said Catholick Faith and sustentation of God's Honour and also the safeguard of the Estates Rights and Liberties of the said Church of England to the laud of God and merit of our said Soveraign Lord the King and prosperity and honour of all the said Realm and for the eschewing of such Dissentions divisions hurts slanders and perils in time to come and that this wicked Sect preachings doctrines and Opinions should from henceforth cease and be utterly destroyed by the assent of the States and other discreet men of the Realm being in the said Parliament hath Granted Established and Ordained from henceforth and firmly to be observed That none within the said Realm or any other Dominions subject to his Royal Majesty presume to preach openly
have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
many and Great matters in secret talk amongst Companies of suppressing in like manner the Protestants in England And every one that is acquainted with the History of those times knows that at the same time that these things were bruited about the Papists here the Guises in France and the Queen of Scots that restless and unwearied Enemy of the Protestant Religion were plotting and Contriving against the Queen and that those Plots and Contrivances of the Queen of Scots were never at an end till the Axe put a period to her Life and them together And how forward the Priests of the Romish Church especially of the Order of Jesuits are to assert the Pope's jurisdiction and bring in and Execute his Bulls here in England is well known amongst Protestants And that this is laid by the secular Priests themselves to the Charge of the Jesuits I shall hereafter make appear So that certainly it must be owned that there was very good reason to make this Law and as for the Penalties they were annexed in terrorem rather than with any design to be inflicted to the ruine of them against whom the Laws were made as plainly appears from the History of the first 12 years of this Queens Reign during which time the Persons of the Papists The Queens mild usage of the Papists notwithstanding these Laws remained in the Kingdom quiet and undisturbed till they themselves gave just occasion for putting these and the Antient Laws of the Kingdom in Execution against them and making further provision by the adding new Laws with more severe Penalties or rather inforcing the Execution of the old ones 1 Foulis Hist of Romish Treasons li. 7. cap. 2. fol. 325. The secular Priests in their important considerations confess not above 12 in 10 years and of those 12 some were attainted of Treason Collections f. 41. Lord Treasurer Burleigh hasserts the same f. 28. Abr. Bzov. de Rom. Pontif. c. 46. p. 621. We don't read in our English Histories of twelve Papists that suffered Death in the 10 first Years of the Reign of Q. Elizabeth nor of any that at any time were executed purely for exercising their Religion But those of them that have been executed have dyed for Treason and Rebellion and Mr. Fowlis tells us that it is confest by Bzovius their Papal Champion that there was not any that suffered in Queen Elizabeths time but did teach the dangerous doctrine that the Pope could depose Kings That the Papists both Clergy and Laity were used by the Queen in the Beginning of her Reign with all the kindness and even tenderness imaginable must be believed if one of the greatest Statesmen of his Age and one of the Wisest Persons this Nation ever bred viz. The Lord Treasurer Burleigh who writ in this Queens Reign can challenge any Credit he saith thus 2 Execution for Treason not for Religion p. 6.7 And though there are many Subjects known in the Realm that differ in some Opinions of Religion from the Church of England and that do also not forbear to profess the same yet in that they do also profess Loyalty and Obedience to her Majesty and offer readily in her Majesties Defence to impugn and resist any foreign force tho' it should come or be procured from the Pope himself none of these sort are for their contrary Opinions in Religion prosecuted or charged with any Crimes or Pains of Treason nor yet willingly searched in their Consciences for their contrary Opinions that savour not of Treason They were not Closetted 3 Dr. Burnet in his Hist of the Ref. gives much the same Account of the usage of these Men. pt 2d lib. 3. f. 396. Cambd. doth so likewise fol. 28 29. his Annals And he instances in several Dr. Heath Arch Bishop of York and Lord Chancellor of England in Queen Mary's time who saith he at the first coming of her Majesty to the Crown shewing himself a faithful and quiet Subject was continued in both the said Offices tho' in Religion then manifestly differing and yet was he not restrained of his Liberty nor deprived of his proper Lands and Goods but leaving willingly both his Offices lived in his own House and enjoyed all his purchased Lands during all his natural Life until by very Age he departed this World and then left his House and Living to his Friends An Example of gentleness never matched in Queen Mary's days The Like did Dr. Pool who had been Bishop of Peterborough Dr. Tonstall Bishop of Duresme these of quiet behavior There were others he tells us Dr. White and Dr. Oglethorp the one Bishop of Winchester the other of Carlisle and Dr. Thurlby and Dr. Watson one Bishop of Ely the other of Lincoln not pressed with any Capital Pain though they maintain'd the Pope's Authority against the Laws of the Realm Mr. Fecknam an Abbot is also Instanced in Some Deans as Dr. Boxall Dean of Windsor a Person of great Modesty and Knowledge Dr. Cole Dean of Pauls a Person more earnest than Wise Dr. Reynolds Dean of Exeter and many such others having born Office and Dignities in the Church and had made profession against the Pope which they began in Queen Mary's time to change yet were they never to this day burdned with Capital pains nor yet deprived of any of their Goods or proper Livelyhoods but only remov'd from their Ecclesiastical Offices which they would not Exercise according to the Laws And most of them for a great while were retained in Bishops houses not in Cole-holes and Dungeons as Bonner entertained the Protestants in the Marian daies in very civil and curteous manner without charge to themselves or their Friends until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm by stirring of Rebellion about which time only some of those aforenamed being found busier in Matters of State tending to stir troubles than was meet for the common quiet of the Realm were removed to other more private places not into Smithfield to be burnt after a pretended Conviction of Heresie in an Arbitrary and Illegal manner Cambd. Annals f. 28. In all England where there are 9400 Ecclesiastical Promotions there were turned out of their Livings Dignities and Bishopricks not above 800 Parsons of Churches 50 Prebendaries 15 Presidents of Colledges 12 Archdeacons as many Deans 6 Abbots and Abbesses 14 Bishops Baker 's Chron. f. 395. Until the twentieth year of Queen Elizabeth's Reign the Papists in England were mercifully connived at while they solemnized their own Rites within their private houses tho' that also were against the Laws The Priests confess the Queen 's mild usage of Papists Lord Burleighs Execution for Treason The Secular Priests important considerations and the Jesuits reasons unreasonable f. 34. The Secular Priests themselves Watson and Bluet confess in their important Considerations wherein they make the Jesuits Plottings and Treasons to be the occasion of making and Executing the
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
declare her to be deprived of her pretended Title to the Kingdom aforesaid and of all Dominion Dignity and Priviledge whatsoever and also the Nobility Subjects and People of the said Kingdom and all others who have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience and we also do by Authority of these Presents absolve them and do deprive the said Elizabeth of her pretended Title to the Kingdom and all other things before named And we do command and charge all and every the Noblemen Subjects People and others aforesaid that they presume not to obey her or her Orders Mandates and Laws And those which shall do the contrary we do include them in the like Sentence of Anathema And because it would be a difficult matter to convey these Presents to all places wheresoever it shall be needful Our Will is that the Copies thereof under a Publick Notaries hand and Sealed with the Seal of an Ecclesiastical Prelate or of his Court shall carry altogether the same credit with all men judicially and extrajudicially as these Presents should do if they were exhibited or shewed Given at Rome at St. Peters in the year of the Incarnation of our Lord 1569 the fifth of the Calends of March and of our Popedome the fifth year Cae. Glorierius One Felton hung up this Bill upon the Bishop of London's Palace Gates Cambd. Annals f. 148. Fowlis Hist lib 2. ca. 3. f. 327. Collections f. 24 Felton hanged as a Traytor for publishing the Bull. and scorning to seek an escape boldly vindicates the Pope and himself in what was done defying the Queen and her Authority for which he was Arraigned Condemned and Hanged near the same place in St. Paul's Church-yard Now for any thus to contemn and villifie his Soveraign nul her Authority renounce his Allegiance and so far to submit himself to a Foreign Jurisdiction even in Temporalities as to declare his own Soveraign deprived and deposed from her Kingdom what punishment this man incurr'd let the Reader Judge provided he will also consider That had a Protestant thus renounc'd his Obedience in Queen Mary's daies the party must have dyed for it and those who commend Felton would have called the other Traytors and yet Felton did it to procure a National Rebellion Besides this in the beginning of the 13 th year of the Reign of Queen Elizabeth The 4 th Rebellion was in Ireland begun in the beginning of 13 Eliz. by Conogher O Brien Earl of Twomond Cambd. Annals f. 153. in Ireland Conogher O Brien Earl of Twomond closely contrived a Rebellion which just as it was ready to break forth was by meer chance blown over and Thomas Steukley an Englishman a Ruffian a notorious Spendthrift and a notable vaporer who having consumed his Estate fled over into Ireland after he had first vomited forth most undeserved disgraces against his Princess to whom he was extraordinarily bounden soon after slipt out of Ireland into Italy to Pius V. Bishop of Rome where incredible it is into how great grace and favour he wrought himself by his Flatteries with that old man who breathed after the destruction of Queen Elizabeth This Steukley saith the Lord Treasurer Burleigh was a defamed person almost thro' all Christendom and a faithless Beast rather than a Man Collections f. 2 3 fleeing first out of England for notable Piracies and out of Ireland for Treacheries not pardonable and that he and the said Charles Nevil Earl of Westmerland were the Ring-Leaders of the rest of the Rebels the one for England the other for Ireland But notwithstanding the notorious evil and wicked Lives of these and others their confederates void of all Christian Religion it liked the Bishop of Rome as in favour of their Treasons to animate them to take Arms against their lawful Queen to invade her Realm with Foreign Forces to pursue all her good Subjects and their Native Country with Fire and Sword for maintenance whereof the Bull aforesaid had proceeded And the Pope the Guises the King of Spain Contrivances by the Pope the King of Spain the Guises and the Queen of Scots against Queen Elizabeth and the Protestant Religion Fowlis p. 330 331. Cambd. Annals lib. 2. f. 154. and the rest of the confederates against the Queen and the Protestant Religion the better to carry on their designs did soon after Queen Elizabeth came to the Crown set up a Title thereto in the Queen of Scots as aforesaid which was one principal cause that there were so many Plots and Conspiracies during her Reign tho' none gave her any great trouble till about the 10 th or 11 th year of her Reign It appears by Letters from the Pope to the Queen of Scots written in the year 1571. 13 Eliz. that there was a design on Foot to introduce Popery and to subvert the Protestant Religion here in England which Letter was delivered by Ridolpho the Florentine before mentioned his means to the Queen of Scots And Ridolpho by his own particular Letters to the Queen of Scots desired her to acquaint the Duke of Norfolk and her Friends with the Design but there being at that time a Treaty begun in order to her being restored to her Kingdom of Scotland whereof she was at that time dispossest she defer'd answering the Letter but the Treaty afterwards coming to nothing she privately sent a large commentary or draught of her Counsels and Affairs to the Duke of Norfolk before mentioned written in Cyphers known only to them two as also other Letters to be conveyed by Ridolpho to the Pope and the Spaniard Camd. Hist lib. 2. fol. 157. Baker's Chron. f. 344. Ridolpho greatly pressed the Duke to enter into the Confederacy and as an encouragement affirmed That the Pope so that the Catholick i. e. the Popish Religion might be promoted would bear the charge of the whole War and that he had to that purpose laid down 1 Some Writers say 150000. Crowns an hundred thousand Crowns the last year when the Bull was Published whereof twelve thousand he the said Ridolpho had distributed amongst the English Fugitives He promised that the Spaniard would supply him with 4000 Horse and 6000 Foot which might be sent over to Harwich near whereunto the Duke had many Potent Adherents and that most commodiously and without suspicion in the beginning of Summer when the Duke of Medina Caeli was to come with a strong Fleet into the Netherlands And concluded that such Caution might be used that the Duke might be cleared from all Suspition of affecting the Crown and the Queen of England safely might be provided for so as she would Embrace or tollerate the Romish Religion and give her assent to the Queen of Scots Marriage with the Duke Which Conspiracy the Duke at that time refused to enter into Cambd. Annals p. 158. Baker Chron. fol. 844. Camb. Annals li. 2. fol. 162.
notwithstanding Ridolphus plausible reasoning as he did also a Proposition made to him from Ross by Barker of surprising the Queen at unawares and interrupting the Parliament which was then sitting The Commentary of the Queen of Scots before mentioned being afterwards discovered there the Design appearing I have inserted what Cambden saith she therein discoursed viz. That the French approved of the Conference begun with the Scots and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth and that to no other end but that they might have the better pretence to deny the aid promised for her Restitution That the same French privately opposed her Marriage with Don John of Austria and highly favoured that with Norfolk in hatred to the Spaniards That the Duke of Alva did so far condemn the Design for sending back the Queen of Scots into Scotland that he thought it to be attended with the utter undoing of the Queen and the overthrow of the Catholick Religion in Britain for the Queen being returned into Scotland must of necessity either undergo the danger of being besieged or else hazard a Battel with the Rebels who with the help of the English would soon get her into their power before any foreign Forces could come to her assistance Seeing then she could not be safe in Scotland and from France there was swall hope that being embroiled with Wars within it self he thought it her best Course to fly to the Spaniards help who had proffered her Marriage with Don John of Austria which notwithstanding she would refuse having given her Faith that the Popish Religion in Brittain should be restored by Norfolk as also that her Son should be forthwith conveyed out of Scotland and sent into Spain for so he would be kept in safety and instructed in the Romish Religion from his very Childhood and withal all pretences would be taken from the Scots who Cloaked their Rebellion under his Name That to solicit these matters and to procure foreign assistance Ridolph was to be sent away presently who was to have private directions in any Case to conceal these things from the French. When the Council had received this Commentary and the Letters before mentioned Camb. Annals p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome and one Barker being apprehended had made a full Confession the Duke of Norfolk was committed to the Tower together with Bannister the Dukes Counsellor at Law the Earls of Arundel and South-hampton the Lord Lumley the Lord Cobham and Thomas his Brother Henry Piercy Lowder Powel Goodyear and others who every one of them even the Duke himself confessed the matter The Iniquity of these times and the Love of the Estates of England which were then assembled at Westminster towards their Prince and Country occasioned the making an Act of Parliament whereby certain Offences were made Treason Rast Stat. pt 2. fol. 136. To bold that the Laws and Statutes cannot liâ—â—â— the Crown and bind the Succession Treason during the â—uccâ—s Life and a Premunire ever after The Preamble of this Act takes notice that it was thought the Laws and Statutes of this Realm then in force were not sufficient for the preservation of the Queens person which ought to be provided for and by the Neglecting whereof the Government might be subverted And therefore it was Enacted and provided according to the Tenor of former Laws that if any should attempt the Destructeon or personal Hurt of the Queen or raise War or excite others to War against Her if any Man should affirm that she is not nor ought of right to be deemed Queen of this Realm but that the Kingdom is more justly due to another or should pronounce her to be an Heretick Schismatick or Infidel or should usurp the Right and Title of the Kingdom during her Life or affirm that any other hath right to the Crown or that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof Every such person should be guilty of High Treason during the Queens Life and that after her Death if any person held the Doctrine that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof he should incur a Premunire That if any Man during the Queens Life should by any Book written or printed expresly maintain that any person is or ought to be Heir or Successor to the Queen except the same be the Natural Issue of her Body or should wilfully publish print or utter any Books or Writings to that effect he and his Abettors should for the first Offence suffer Imprisonment for a Year and forfeit the one half of his Goods and for the second Offence incur the Penalty of a Premunire I confess that Keble saith in his Collection of Statutes that this Act of Parliament is expired but what ground he hath for it appears not any where that I can find Keble Stat. fol. 827. either in our History or Law Books so that I take it for so much as was to continue after her death it is in force still not being repealed by any subsequent Statute and therefore certainly who ever holds that Doctrine that the Right of the Crown and the succession thereof cannot be limited and determined by the Laws and Statutes of the Kingdom incurs a Premunire There was also another Act of Parliament made in the same Session the which is intituled an Act against the bringing in and putting in execution of Bulls writings or Instruments and other Superstitions from the See of Rome The Preamble of which Statute recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast Stat. pt 2 fol. 138. Against bringing in Bulls c. from Rome and reconciling and being reconciled to the See of Rome Touching the Abolishing of the Authority of the Bishop and See of Rome and setts out That yet nevertheless divers Seditious and evil disposed People minding not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the Thraldom and subjection of that Foreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange the Minds and Hearts of sundry of her Majesties Subjects from their Dutiful Obedience and raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome and his said See divers Bulls and Writings And sets forth the effect of the said Bull herein before particularly set forth and that by colour of the said Bulls and Writings the said wicked Persons very secretly and most seditiously in such parts of this Realm where the People for want of Instruction were most weak simple and ignorant and thereby furthest
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
but confidently appealed to Time and Success to prove who took their Measures rightest When it happened what I foresaw came to pass the good Father was a little surprised to see all the great Men mistaken and a little one in the Right and was pleased by Sir William Throckmorton to desire the Continuance of my Correspondence which I was mighty willing to comply with knowing the Interest of our King and in a more particular manner of my more immediate Master the * * James the Second Duke and his most Christian Majesty to be so inseparably united that it was impossible to divide them without destroying them all Upon this I shewed that our Parliament in the Circumstances it was managed by the timerous Councels of our Ministers who then governed would never be useful either to England France or Catholic Religion but that we should as certainly be forced from our Neutrality at their next Meeting as we had been from our active Alliance with France the last Year That a Peace in the Circumstances we were in was much more to be desired than the Continuance of the War and that the Dissolution of our Parliament would certainly procure a Peace For that the Confederates did more depend upon the Power they had in our Parliament than upon any thing else in the World And were more encouraged from them to the continuing of the War So that if they were Dissolved their measures would be all broken and they consequently in a manner necessitated to a Peace The good Father minding this Discourse somewhat more then the Court of France thought fit to do my former urg'd it so home to the King that his Majesty was pleased to give him Orders to signifie to his R. H. my Master that his Majesty was fully satisfied of his R. H's good intention towards him that he esteemed both their Interests but as one and the same That my Lord Arlington and the Parliament were both to be lookt upon as very unuseful to their Interest That if his R. H. would endeavour to dissolve this Parliament his most Christian Majesty would assist him with his Power and Purse to have a new one as should be for their purpose This and a great many more Expressions of kindness and confidence Father Ferryer was pleased to Communicate to Sir William Throckmorton and commanded them to send them to His Royal Hhighness and withal to beg his Royal Highness to propose to his most Christian Majesty what he thought necessary for his own Concern and the advantage of Religon and his Majesty would certainly do all he could to advance both or either of them This Sir William Throckmorton sent to me by an Express who left Paris the Second of June 1674. Stilo novo I no sooner had it but I Communicated it to his R. H. To which his R. H. commanded me to Answer as I did on the twenty ninth of the same Month That his R. H. was very sensible of his most Christian Majesties Friendship and that he would Labour to cultivate it with all the good Offices he was capable of doing for His Majesty That he was fully convinced that their Interests were both one That my Lord Arlington and the Parliament were not only unuseful but very dangerous both to England and France That therefore it was necessary that they should do all they could to dissolve it And that his R. H's opinion was that if his most Christian Majesty would write his thoughts freely to the King of England upon this Subject and make the same proffer to his Majesty of his Purse to dissolve this Parliament which he had made to his R. H. to Call another he did believe it very possible for him to succeed with the Assistance we should be able to give him here And that if this Parliament were dissolved there would be no great difficulty of getting a new one which would be more useful The Constitutions of our Parliaments being such that a new one can never hurt the Crown nor an old one do it good His R. H. being pleased to own these Propositions which were but only General I thought it reasonable to be more particular and come closer to the Point we might go the faster about the work and come to some issue before the time was too far spent I laid this for my Maxim The dissolving of our Parliament will certainly procure a Peace Which Proposition was granted by every Body I conversed withal even by Monsieur Rouvigny himself with whom I took Liberty of conversing so far but durst not say any thing of the Intelligence I had with Father Ferryer Next that a Sum of Money certain would certainly procure a Dissolution this some doubted but I am sure I never did For I knew perfectly well that the King had frequent Disputes with himself at that time whether he should dissolve or continue them And he several times declared that the Arguments were so strong on both sides that he could not tell to which to incline but was carried at last to the continuance of them by this one Argument if I try them once more they may possibly give me Money if they do I have gained my Point If they do not I can dissolve them then and be where I am now So that I have a possibility at least of getting Money for their continuance against nothing on the other side But if we could have turn'd this Argument and said Sir their Dissolution will certainly procure you Money when you have only a bare possibility of getting any by their continuance and have shewn how far that bare possibility was from being a Foundation to build any reasonable hope upon which I am sure His Majesty was sensible of And how much 300000 Pounds Sterling certain which was the Sum we propos'd was better than a bare possibility without any reason to hope that that could ever be Compassed of having half so much more which was the most he design'd to ask upon some vile dishonourable Terms and a thousand other hazards which he had great reason to be afraid of if I say we had had Power to have argued this I am most Confidently assured we could have Compassed it for Logick in our Court built upon Money has more powerful Charms than any other sort of reasoning But to secure his most Christian Majesty from any hazard as to that Point I propos'd His Majesty should offer that Sum upon that Condition and if the Condition were not perform'd the Money should never be due If it were and that a Peace would certainly follow thereupon which no Body doubted His Majesty would gain his Ends and save all the vast Expences of the next Campaign by which he could not hope to better his Condition or put himself into more advantagious Circumstances of Treaty then he was then in But might very probably be in a much worse considering the mighty opposition he was like to meet with and the uncertain Chances of