is the Center and perfection of all things For if they would leave and be ashamed of such new and gross Corruptions of theirs as themselves cannot maintain nor deny to be worthy of Reformation I would for my own part be content to meet them in the mid way so that all Novelties might be renounced on either side For as my Faith is the true Ancient and Apostolick Faith grounded upon the express word of God so will I ever yeild all reverence to Antiquity in the points of Ecclesiastical Policy And by that means shall I ever with Gods Grace keep my self from either being an Heretick in Faith or Shismatick in Matters of Policy But of one thing would I have the Papists of this Land to be admonished that they presume not so much upon my Lenity because I would be loath to be thought a Persecutor as thereupon to think it lawful for them daily to encrease their number and strength in this Kingdom whereby if not in my time at least in the time of my Posterity they may be in hope to erect their Religion again No As they were very lately let them assure themselves that as I am a Friend to their Persons if they be good Subjects so am I a vowed Enemy and do denounce Mortal War to their Errors And as I would be sorry to be driven by their ill Behaviour from the Protection and Conservation of their Bodies and Lives so I will never cease as far as I can Suffering the increase of Popery called by Jam. 1. a betraying England and Scotland to tread down their Errors and wrong Opinions For I could not permit the increase and growing of their Religion without betraying my self and my own Conscience and this whole Island as well the part I am come from as the part I remain in in betraying their Liberties and reducing them to the former slavish Yoke which both had cast off before I came among them as also the Liberty of the Crown in my Posterity which I should leave again under a new Slavery being left free to me by my Predecessors And therefore I would wish all good Subjects that are deceived with this Corruption if they find any beginnings in themselves of Knowledge and Love to the truth to foster the same by all lawful Means and to beware of quenching the Spirit that worketh within them And if they can find as yet no Motion tending that way to be studious to read and confer with Learned men and to use all such means as may further their resolutions assuring them that as long as they are disconformable in Religion to us they cannot be but half my Subjects be able to do but half service and I shall want the best half of them which is their Souls After which the Parliament considering the said Proclamation and Speech and that notwithstanding the Jesuites and Seminary Priests flockt over in great numbers into England made an Act of Parliament intituled 1 Jac. cap. 4. Rast Stat. 2. part f. 550. An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants c. By which it is Enacted THat all Statutes made against Iesuites Priests and Recusants should be put in due Execution but conforming himself should be discharged If the Heir of Papists be a Protestant An Act for puting the Laws against Papists in Execution and for punishing the Heirs of Papists he shall be discharged of all the Penalties Charges and Incumbrances happening upon Him or Her in respect or by reason of any of His or Her Ancestors Recusancy But if the Heir of a Papist shall happen to be within the Age of sixteen Years at the time of the Death of his Ancestor and shall after such Age be or become a Papist such Heir shall not be freed of the Penalty c. Unless He or She Conforms that the two parts of a Papists Lands shall go towards the satisfaction of the twenty pounds per Month forfeiture and after his Death shall remain in the Kings hands until the Arrears be satisfied that none shall send or cause to be sent any Person to any Colledge Seminary or house of Iesuites Priests or any other Papist Popish Order Professing or Calling whatsoever upon the Penalty of a hundred Pound forfeiture they that go or are sent are disabled to inherit purchase take have or enjoy any Estate whatever real or personal and all Estates or Terms conveyed to their Vse or in Trust for them are thereby made void and null That no Woman or Child under the Age of 21 Years shall go beyond Seas without License of the King or of six of the Privy Councel first had under their hands the Officer of the Port that suffers such to pass forfeits his Office and all his Goods and Chattels the Owner of the Ship his Ship and Tackle and the Master and Marriners their Goods and shall suffer twelve Months imprisonment without Bayl or Main prize Keeping School contrary to the Act forty Shillings forfeiture The Gunpowder-Treason in 1604. King James having by his Proclamation before the Parliament met and in his Speech at the opening of the Parliament thus freely declared against the Papists especially the Priests and Jesuites and the Parliament having made the said Law against them and they dispairing of any Tolleration in Matters of Religion which they had Petitioned for now to their old Work of Plotting again and a Plot they laid they did I say It was of that Nature that it is next to incredible that such a Complicated Villany should ever enter into the heart of Man quà Rational much more quà Christian but one would rather think it had been the product of a Consult in Hell amongst the Devils themselves and if degrees of wickedness can be allowed to be there amongst the worst of Devils too The Plot it self Foulis Hist l. 10. cap. 2. f. 507. Wilsons Hist f. 28. Bakers Chron. f. 507. The Actors in it The Plot was this with one blow to destroy King Queen Prince Nobles and Commons who were not Papists this is designed to be effected by blowing up the Parliament House when the King and Parliament were sitting and killing those of them who were not in the House The Persons concerned in this Plot were Robert Catesby the Contriver hereof Henry Garnet John Gerrard Oswald Tesmond and other Jesuites the Advisers thereto Thomas Piercy Robert Winter John Grant Ambrose Rookwood John Wright Francis Tresham Sir Everard Digby Guy Fauks Robert Keys Thomas Bates and others Assistants in carrying it on To carry on this Design when it was laid first an Oath of Secrecy was compiled and afterwards the Conspirators took the same and not only so but Garnet confest them and they afterwards received the Sacraments to bind them to the greater Secrecy the Oath was this You shall swear by the Blessed Trinity and by the Sacrament you now purpose to receive never to disclose directly or indirectly
without any evasion equivocation or mental reservation whatsoever and without any dispensation already granted me for this purpose by the Pope or any other Authority or Person whatsoever or without any hope of any such dispensation from any Person or Authority whatsoever or without thinking that I am or can be acquitted before God or Man or absolved of this Declaration or any Part thereof although the Pope or any other Person or Persons or Power whatsoever should dispence with or annul the same or declare that it was null and void from the beginning The same Oaths and Declarations to be made in every succeeding Parliament in full House that all members of Parliament not swearing and declaring as aforesaid and Popish Recusants convict are forbidden the Kings and Queens presence That if any Member of the House of Peers or Commons do any thing contrary to this Act or shall offend in any of the Cases aforesaid such Member should be thenceforth judged a Popish Recusant Convict and should be disabled to hold or execute any Office in any of his Majesties Dominions and likewise to sit and â—ote in either House of Parliament or make his Proxy in the House of Peers or in prosecute any suit in Law or Equity or to be Guardian to a Child or Executor or Administrator to any Person and uncapable of any Legacy Deed or Gift and should fofeit for every willful offence against this Act the sum of Five hundred Pounds to be recovered by whomsoever would sue for the same and to be prosecuted in any of his Majesties Courts where no Essoin Protection or Wager of Law should lye that either House of Parliament may cause any of their Members to swear and subscribe as aforesaid and upon their sitting without taking the same they should be adjudged disabled in Law to all intents whatsoever to sit or vote in the said Houses during that Parliament That the Places of Members of the House of Commons disabled to vote should be void and new Writs issue out for new Elections that the King and Queens sworn Servants should swear as aforesaid and subscribe the Declaration and that if after refusal of the same they presumed to come into their Majesties presence they should be disabled to hold any place and incur the Penalties aforesaid Nothing contained in this Act to relate to the Subjects of the King of Portugal being in the Queen Dowagers service not exceeding the number of eighteen at one time That during the taking the Oaths all proceedings in Parliament should cease and the Oaths c. and Names of the Persons who should take them should be entred in Parchment Rolls and for every such entry not above the sum of Twelve pence to be paid This Act not to extend to such who come into the King or Queens presence being Licensed by six Privy-Counsellors upon some urgent occasion therein to be expressed and such License not to exceed Ten days at a time and not above Thirty days in a Year That all offenders against this Act that shall take the said Oaths c. shall be discharged and freed from all Penalties and Incapacities incurred thereby but such freedom and discharge not to extend to restore any such person to any office or place filled upon voidance by this Act nor to any other Officer till after the Expiration of one Year from taking the said Oath c. nor to discarge the said forfeiture of Five hundred Pounds as aforesaid nothing in this Act to extend to the then Duke of York Thus I have given an Historical Account of the making of these Laws and of the Laws themselves and as they were highly reasonable in their Making so certainly it is as highly reasonable to continue them if the attemps of the Popish party under King James the Second be duly weighed which were carried so far that the Protestant Religion had been inevitably destroyed with the Professors thereof had not we been redeemed out of their hands by the Conduct and Valour of his present Majesty to whom under God we owe our Deliverance and therefore can never sufficiently express our gratitude He hath given sufficient Testimony of his Zeal for the Protestant Religion and therefore it is reasonable to believe that he will readily concur to the Making any Laws that shall be thought fit to preserve it I know of but one and that is Castration of all Priests and Jesuites when ever they are found here and breeding up the Children of Papists in the Protestant Religion Which I humbly offer to the Consideration of the Parliament for I believe this will terrify them more than Gallows or Galleys And how necessary it is for this Kingdom to rid themselves of this Vermin every one sees but they that are either Papists or so blinded with hopes or expectations of the late Kings return that they neither can nor will see And now methinks I hear some of the Church of England tell me I have shewn the reasonableness of the Laws against the Papists but have not said one word in vindication of the Laws against the Dissenters who have been as violent against the Church of England as ever the Papists were and the Laws against them are equally as just To this I give this Answer that I ways alwas of Opinion that the differences between the Church of England and the Dissenters have been made and carried on by the Papists And I wish there were not too much truth in it that the Papists influenced the Counsels when the Laws were made against the Dissenters I am sure a very Learned Pen * Dr. Sherlock of the Church England own'd the putting them in severe Execution the last seven or eight years to have proceeded from Popish Councils And I doubt not but the severe usage of the Church of England by the Dissenters when in Power was promoted by the same Party Since therefore the Papists can transform themselves into all shapes to promote differences amongst Protestants in order to their Ruine it can't certainly but be honest Policy for the Protestants in order to the preservation of the whole to unite against them as the common Enemy And therefore as we who are Lawyers never love to go to Law especially with one another so the Protestants in England under the denomination of the Church of England and Dissenter being now pretty even as to severities on both hands let them no more quarrel but shake hands and be friends which will tend more to the preservation of the true Religion amongst us than all the Laws that can be made FINIS
of Parliament because they yet strengthen and confirm the Truth of the said Conspiracy and that they do so must be confest unless Men will fly in the Face of that Parliament I have here inserted as I find the same in Rastal's Statutes The First is Intituled An Act for publick Thanks-giving to Almighty God every Year on the Fifth Day of November FOrasmuch as Almighty God hath in all Ages shewed his Power and Mercy 3 Jac. 1. ca. 1. Rast Stat. 2. Part. f. 588. The Act for keeping the Fifth of November yearly as a Day of Thanks-giving in the Miraculous and Gracious Deliverance of his Church and in the Protection of Religious Kings and States and that no Nation of the Earth hath been blessed with greated Benefits than this Kingdom now enjoyeth having the true and free Profession of the Gospel under our most gracious Sovereign Lord King James the most Great Learned and Religious King that ever reigned therein enriched with a most hopeful and plentiful Progeny proceeding out of his Royal Loyns promising Continuance of this Happiness and Profession to all Posterity and the which many malignant and devilish Papists Iesuits and Seminary Priests much envying and fearing conspired most horribly when the Kings most excellent Majesty the Queen the Prince and all the Lords Spiritual and Temporal and Commons should have been assembled in the upper House of Parliament upon the fifth Day of November in the Year of our Lord 1605. suddenly to have blown up the said whole House with Gun-powder an Invention so inhuman barbarous and cruel as the like was never before heard of and was as some of the principal Conspirators thereof confess purposely devised and concluded to be done in the said House that where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously term cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once which would have turned to the utter Ruine of this whole Kingdom had it not pleased Almighty God by inspiring the Kings most excellent Majesty with a Divine Spirit to interpret some dark Phrases of a Letter shewed to His Majesty above and beyond all ordinary Construction thereby miraculously discovering this hidden Treason not many Hours before she appointed time for the Execution thereof therefore the Kings most excellent Majesty the Lords Spiritual and Temporal and all His Majesties faithful and loving Subjects do justly acknowledge this great and infinite Blessing to have proceeded meerly from God his great Merry and to his most Holy Name do ascribe all the Honour Glory and Praise And to the end this unfeigned Thankfulness may never be forgotten but be in a perpetual Remembrance that all Ages to come may yield Praises to his Divine Majesty for the same and have in Memory This joyful Day of Deliverance Be it therefore enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and Angular Ministers in every Cathedral and Parish Church or other usual Place for Common-prayer within this Realm of England and the Dominions of the same shall always upon the fifth Day of November say Morning-prayer and give unto Almighty God Thanks for this most happy Deliverance and that all and every Person and Persons inhabiting within this Realm of England and the Dominions of the same shall always upon that Day diligently and faithfully resort to the Parish Church or Chappel accustomed or to some usual Church or Chappel where the said Morning-prayer Preaching or other Service of God shall be used and then and there to abide orderly and soberly during the time of the the said Prayers Preaching or other Service of God there to be used and ministred And because all and every Person may be put in mind of this Duty and be the better prepared to the said Holy Service be it enacted by Authority aforesaid that every Minister shall give Warning to his Parishioners publickly in the Church at Morning-prayer the Sunday before every such fifth Day of November for the due Observation of the said Day And that after Morning-prayer or Preaching upon the said fifth Day of November they read publickly distinctly and plainly this present Act. The Second is intituled An Act for the Attainder of divers Offendors in the late most barbarous monstrous detestable and damnable Treasons The Preamble of which Act runs thus 3 Jac. 1. ca. 2. Rast Stat 2. part f. 589 An Act for the Attainder of the Conspirators IN most humble manner beseeching your most excellent Majesty your most Loyal Faithful and true Hearted Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That whereas Arthur Creswel Jesuite who at the time of his Profession to be a Iesuite took upon him the Name of Joseph Creswel Oswald Tesmond Jesuite and Thomas VVinter late of Huddington in the County of VVorcester Gent. the last Day of June in the four and fortieth Year of the late Queen Elizabeth of famous Memory at Valedolide within the Kingdom of Spain and at divers other days within the same four and fortieth Year of the said late Queen at Valedolide aforesaid and elsewhere within the same Kingdom of Spain by the Means Procurement and Privity of Robert Catesby late of Ashby in the County of Northampton Esq Francis Tresham late of Rushton in the said County of Northampton Esq and Henry Garnet Iesuite assuming upon him to be Superior of the Iesuits within this Ream of England and others being all natural born Subjects of this Realm did Traiterously and against the Duty of their Allegiance move and incite Philip then and yet King of Spain then being at open Enmity and Hostility with the said late Queen with Force to invade this Kingdom of England and to joyn with the Papists and discontented Persons wiâ—â—in this Realm of England to depose and overthrow the same late Queen of and 〈◊〉 her Crown and of and from all Her Royal Estate Title and Dignity and to suppress and abolish the true Religion of Almighty God truly and sincerely professed within this Kingdom and to restore the Superstitious Romish Religion within the same and to bring this Antient Famous and most renowned Kingdom to utter Ruine and miserable Captivity under Forreign Power and for that the greatest Impediment unto the same Invasion would be the want of Help of good Horses the said Thomas VVinter the rather to incourage the said King thereunto was to offer unto the same King on the Behalf of the Papists of England to give him Assistance presently upon the Landing of his Forces with one thousand five hundred or two thousand Horses and that for their better accomplishing thereof he should move the said King to furnish the Papists of England with a good Sum of Money partly to be employed to
continue your daily Plotting of so Tragical Stratagems against Recusants It is ordered that none of these Five knoweth who the other Four be for the better preventing the discovery of the rest if so any one by attempting and not performing should be apprehended It is also already agreed who shall first attempt it by shot and so who in order shall follow In accomplishing of it there is expected no other than assurance of Death yet it will willingly be embraced for the preventing of those general Calamities which by this your transcendent Authority and Grace with His Majesty are threatned unto us And indeed the difficulties herein are more easily to be digested since Two of the intended attempters are in that weak estate of Body that they cannot live above three or four Months The other Three are so distressed in themselves and their Friends as that their present griefs for being only Recusants do much dull all aprehensions of Death None is to be blamed in the true censuring of Matters for the undertaking hereof Nor are they to be blamed for it for we protest before God we have no other means left us in the World since it is manifest that you serve but as a Match to give Fire unto his Majesty to whom the worst that we wish is that he may be as great a Saint in Heaven as he is King on Earth for intending all mischiefs against the poor distressed Catholics Thus giving your Lordship this charitable admonition the which may perhaps be necessary hereafter for some others your inferiours at least in grace and favour if so they run on in their former inhumane and unchristian rage against us I cease putting you in mind For 't is true and Spiritual Resolution that where once True and Spiritual Resolution is there notwithstanding all dangers whatsoever the weak may take sufficient revenge of the great Your Lordships well admonishing Friends c. A. B. C. c. It may be your Lordship will take this but as some forged Letter of some Puritans thereby to incense you more against Recusants But we protest upon our Salvation it is not so Neither can any thing in humane likelihood prevent the effecting thereof but the change of your Course towards Recusants This Letter at the beginning affords fair seeming to detest the Gun-Powder-Plot as Watson did the Popish Treasons in Queen Elizabeths time and was hanged for Treason in the beginning of the Reign of King James but little credit is to be given to what they say if it be considered that the very design of it is to apoligize for Murther and that they therein assert that although they Murther Privy Counsellors yet the Murtherers may be good men nor are they to be blamed for it for it is a true and spiritual resolution What influence this Letter had the sequel will evince for the said Oath was immediately confirmed by Act of Parliament and the Papists injoyned to take it in the Circumstances and upon the Penalties in the Act for that purpose mentioned the sum and substance of which Act followeth it is Intitled An Act for the better discovering and repressing of Popish Recusants The Preamble of the Act runs thus 3. Jac. 1. c. 4. Rast Stat. f. 591. Papists must receive the Sacrament and take the Oath of Allegiance c. upon pecuniary mulcts if neglected FOrasmuch as it is found by daily Experience that many His Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Divelish Councel of Iesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance to the Kings Majesty and the Crown of England as they are ready to entertain and Execute any Treasonable Conspiracies and Practices as evidently appears by that more then barbarous and horrible Attempt to have blown up with Gun-powder the King Queen Prince Lords and Commons in the House of Parliament Assembled tending to the utter Subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in Advancement of their Religion by their Schollars Taught and Instructed by them to that purpose which Attempt by the only goodness of Almighty God was discovered and defeated And where divers Persons Popishly affected do nevertheless the better to cover and hide their false Hearts and with the more safety to attend the opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penalty of the Laws in that behalf provided Then for the better discovery of such Persons and their Evil affections to the Kings Majesty and to the State of the Realm to the end that being known their Evil Purposes might be the better prevented It was enacted that every Papist that Conforms shall Yearly receive the Sacrament upon twenty pounds Forfeiture upon the first Years neglect forty pounds the second sixty pounds the third and so forwards sixty pounds Yearly until he or she shall have received it That Papists their Children of Nine Years and Servants shall be once a Year presented at the general or Quarter Sessions Which presentments are to be recorded at the Sessions That the Iustices of Assize and Goal Delivery and Iustices of Peace shall hear and determine the Offence That Proclamation shall be made at the Assizes or Sessions for the Offender to render his body to the Sheriff Bayliff or Keeper of the Goal of the Liberty before the next Assizes or Sessions c. And if the Offender doth not he stands Convicted and forfeits twenty pounds a Month for every Month contained in the Indictment whereon he his Convicted That every Conviction shall be certified into the Exchequer that the King may refuse twenty pounds a Month and take two parts of the Papists Lands save their Mansion House That the Kings two parts shall not be Leased to Papists Noblemen and Noblewomen are excepted That the Oath of Allegiance shall be tendred to all Persons of the Age of Eighteen Years or above Convicted or Indicted for Recusancy for not going to Church for not receiving the Sacrament or that pass through any Country Shire or Liberty and unknown Who refuse taking this Oath incur a Premunire except Women covert who are to be Committed to the Common Goal without Bail or Mainprize till they take the Oath No Indictment or other Proceedings against the Papists shall be discharged or reversed for default of Form but Conformity discharges all Proceedings whatever Felony in any that go beyond Seas to serve any Forreign Prince c. or being there shall voluntarily serve such Prince not first having taken the Oath Felony in any Gentleman or Person of higher Degrée or any that is or hath born Office in Camp Army or Company of Souldiers to go beyond the Seas voluntarily to serve a Foreign Prince or shall voluntarily serve any Prince unless he first enters into Bond
and to employ the Power he left him to restablish him in the Estate and Dignitys of his Father on the 27th of March in the Twenty third Year of his Reign he gave up the Ghost From what Account I have given of Matters relating to the making the Penal Laws and the Reasons of not putting them in Execution in this Kings Reign I gather these things 1. That there is no heed to be taken to any promises made Advice given nor Oaths taken by Papists for if the Interest of the Popish Religion Intervenes the Promises Advice yea even the Oaths themselves must give way and 't is Meritorious too 2. That when it is to serve the Popish Interest they are allowed to deny the plainest truths although confest by Men in Articulo Mortis at the very point of Death 3. That whenever they are detected of any Conspiracy or Treason they immediately set their Wits to work to throw the odium of it upon some sort of Protestants or other nay sometimes they make it an essential part of the Conspiracy it self 4. That when they found themselves lost as to more private Conspiracies they involved Christendom in War to destroy the Protestant Interest upon the Colour of the Elector Palatines having Usurped the Crown of Bohemia notwithstanding he was legally Elected and made use of the Cowardise of King James to carry on that Design 5. That they want not Arts to deceive even Protestants themselves if they look not narrowly to them so much can they transform themselves into the likeness of Truth 6. That the loss of the Palatinate the differences between King James the first and his Parliaments the Spanish Treaty and at last the compleating the French Match were all carried on by Popish Intregues and to serve the Popes turn Certainly then there was good reason for the making the Penal Laws in this Kings Reign and the Parliament are greatly justified in pressing an Execution of them which had it been granted a Man may with good reason believe all the Civil Wars in the succeeding Reign had been prevented And this might lead me to show the share the Popish Party had in the beginning managing and carrying on that unhappy and ever to be lamented War but my design being only to show the reasonableness of making the Penal Laws against the Papists and there being but one Law made against them in this unfortunate Princes Reign I shall only give the grounds of making that Law and pass on to the Reign of his Son King Charles the Second CHAP. IX K. Ch. I. King Charles 1. His Accession to the Crown Bakers Chron. f. 451. Rushw Coll. 1 Pt. f. 165 167 170. KIng James the First being dead King Charles the First was immdiately Proclaimed he buried his Father the 7th of May 1625. The 13th of June in the same Year the Match between him and the French Kings daughter was consummated here in England A Chappel at Sommerset House was built for the Queen and her Family with conveniences thereunto adjoyning for Capuchin Fryers who were therein placed and had permission to walk abroad in their Religious Habits Thence forwards greater multitudes of Seminary Priests and Jesuites repaired into England out of foreign Parts then before The Parliament meet The 18th day of June the Parliament opened they after the usual Proceedings at the first sitting down Petitioned the King concerning Religion and against Papists he by his Answer gave them assurance of his real performance of what they desired in every particular Papists Pardon'd contrary to promise Rushw Coll. 1 Pt. f. 280. But notwithstanding this soon after his Majesty granted a Pardon to one Alexander Baker a Jesuite and unto ten other Papists which was gotten as there was information given by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees. And divers Copys of Letters and other Papers found by two Justices of Peace in the House of one Mary Estmonds in Dorsetshire were stifled by the Secretarys means The Commons upon these passages made observations First that the Pardon was dated the very next day after his Answer to their Petition Secondly That the Pardon dispensed with several Laws as 21. and 27. Eliz. and 3. Jac. provided to keep the Subjects in due obedience Thirdly That the Pardon was signed by the Principal Secretary of State. The Commons therefore declared that these actings tended to the prejudice of true Religion his Majesties dishonour the discountenancing of Ministers of Justice the grief of the good People the animating of the Popish Party who by such Examples grew more proud and insolent and to the discouragement of the High Court of Parliament The Petition concerning Religion and the Kings Answer take as they are printed in Rushworths Collection First Part f. 281. To the King 's Most Excellent Majesty Most Gracious Sovereign IT being infallibly true that nothing can more establish the Throne and assure the Peace and Prosperity of the People then the unity and sincerity of Religion we your most humble and Loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled and hold themselves bound in Conscience and Duty to represent the same to your Sacred Majesty together with the dangerous consequences of the increase of Popery in this Land and what we conceive to be the principal cause thereof and what may be the Remedies The Dangers appear in these Particulars 1. In their desperate ends being both the Subversion of the Church and State and the restlessness of their Spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good Service 2. Their evident and strict dependency upon such Foreign Princes as no way affect the good of your Majesty and this State. 3. The opening a way of popularity to the Ambition of any who shall adventure to make himself head of so great a Party The Principal Cause of the increase of Papists 1. The want of the due Execution of the Laws against Jesuits Seminary Priests and Popish Recusants occasioned partly by the Connivency of the State partly by defects in the Laws themselves and partly by the manifold abuse of Officers 2. The interposing of Foreign Princes by their Ambassadors and Agents in favour of them 3. Their great Concourse to the City and frequent Conferences and Conventicles there 4. The open and usual resort to the House and Chappels of Foreign Ambassadors 5. the Education of their Children in Seminaries and Houses of their Religion in Foreign Parts which of late hath been greatly multiplied and enlarged for the entertaining of the English 6. That in some places of your Realm your People be not sufficiently Instructed in the Knowledge of the true Religion 7. The Licentious Printing and Dispersing of Popish and Seditious Books 8. The Employment of Men ill affected in Religion in
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
Bail or Mainprize and for the second offence twenty pounds and for want of payment should suffer six months Imprisonment without Bail or Mainprise and for the third offence should forfeit all his Goods and Chattels and suffer Imprisonment during his life time From which Act it is evident that all the mild Methods were taken that could be thought on to win over the Papists to the Reformed Religion for the Penalties incurred were not only suspended but the offender pardoned after they had been so long winkt at and the Penalties upon which Conformity was injoyned must be by all considering men adjudged reasonable to be inflicted upon those that remained obstinate after such kind usage and the rather for that it is apparent they made it their business to compel persons to go to Mass One thing I can't let pass without a remark That in this as well as the Statute of the 1 st of Edward the 6 th the tryal of the offence is to be according to the Antient Laws of the Land by a Jury and that till then they could incur none of the Penalties so careful were the Reformers for the Liberties even of Papists Hist Ref. pt 2. p. 115 116 117 118. Bâ—ker 's Ch on p. 303 304. But notwithstanding all this favour shewn to the Papists in one year they broke out into open Rebellion in four Counties in England viz. in Oxfordshire Devonshire Norfolk and Yorkshire So restless and unquiet are the Popish party and such implacable Enemies to the Protestants that if they be in power nothing but destroying them by Law will serve and if not then Plots Conspiracies and open Rebellions are their Methods Hist Ref. pt 2. p. 140. 3 4 E. 6. ca. 5. Rast Stat. f. 989. 34 E. 6. ca. 10. Images taken away Keeble's Stat. f. 676. Rast Stat. f. 994. these four Insurrections gave just occasion to make that severe Law against unlawful Assemblies and rising of the Subjects that if any to the number of twelve should meet together unlawfully for any matter of State and being required by any lawful Magistrate should not disperse themselves it should be Treason The next Act of Parliament that I shall take notice of and indeed but just touch it is the 3 d. and 4 th of Edward the 6 th ca. 10. Whereby divers Romish Books and Images were abolished and put away and that without any punishment of the Papists that used them but only a Penalty on the Officers and Ministers of Justice who did not put the said Law in Execution Thus things stood till the 6 th of Edward the 6 th and then an Act was made for the confirmation of the Liturgy which takes notice in the Preamble 5 6 E. 6. ca. 1. Keehâ—e 's Stat. f. 676. Rast Stat. f. 1009. The Liturgy confirmed That a great number of people in divers parts of the Realm following their own sensuality and living either without knowledge or due fear of God did wilfully and danmably before Almighty God abstain and refuse to come to their Parish Churches and other places where Common-Prayer Administration of the Sacraments and Preaching of the Word of God was used upon Sundaies and other daies ordained to be holy daies and doth thereby Enact that uniformity of Prayer and Administration of Sacraments shall be used in the Church requires Conformity thereunto and leaves them who come not to Church to be punished by the censures of the Church And Enacts March. Ref. 93. That all persons that are present at any other Common-Prayer or Sacraments for the first offence shall suffer six months Imprisonment without Bail or Mainprise for the second offence a years Imprisonment and for the third Imprisonment during life But none to have this inflicted but they who are legally convicted according to the Laws of the Land which cannot be esteemed severe seeing they were occasioned by the Treasons and Rebellions of them upon whom they were inflicted CHAP. VI. Q. Mary HAving shewn how kind and merciful King Edward the 6 th was to the Papists all his Reign notwithstanding their severe usage of the Protestants in his Predecessours Reigns Queen Mary her accession to the Crown and how she used the Protestants before she had a Parliament 35 H. 8. ca. 1. Rast Stat. f. 835. Hist Ref. 2. pt li. 2. p. 235. and their Treasons and Rebellions against himself and the then Established Government I shall now give an Account what usage the Protestants had in the Reign of his Successour Queen Mary Upon the Death of King Edward the Crown devolved upon Queen Mary according to the settlement of it by 35 H. 8. but she being a Papist and King Ed. the 6 th having by his Letters Patents limited the Crown to the Lady Jane Daughter of Frances Dutchess of Suffolk who was a Protestant the Council Proclaimed the Lady Jane Queen which Proclamation sets forth that the late King had settled the Crown as aforesaid and declared that it should not descend to his two Sisters since they were both Illegitimate in the Spiritual Courts and by Acts of Parliament and were only his Sisters by the half blood who tho' it were granted they had been Legitimate are not Inheritable by the Law of England it was added that there was also great cause to fear that the King's Sisters might marry Strangers and so change the Laws of the Kingdom and subject it to the Tyranny of the Bishops of Rome and other Foreign Laws for these Reasons they were excluded from the Succession and the said Lady Jane was Proclaimed Queen as aforesaid she promising to be most Benign and Gracious to all her people to maintain God's Holy Word and the Lavvs of the Land requiring all the Subjects to obey and acknowledge her And now all had been well and the Reformed Religion was in a likely way to flourish could the Protestants have been all of a mind and the common sort of People been as well satisfied as the Council great part of the Nobility and all the Judges but one were in what was done But oh the Calamities that divisions bring upon a Kingdom Suffolk and No folk 's mens kindness to Queen Mary Hist Reform part 2. p. 233.237 Baker 's Chro. p. 312. The Earl of Arundel having given Queen Mary notice of the Death of her Brother and the design of setting up the Lady Jane she retires to Framlingham Castle in the County of Suffolk whither many from Norfolk and a great body of Suffolk men gathered about her who were notwithstanding all for the Reformation they before they would assist her desired to know of her whether she would alter the Religion set up in King Edward's days to whom she gave full assurances that she would never make any Innovation or Change but be contented with the Private Exercise of her own Religion upon this they were all possest with such a belief of her sincerity that it made them resolve to hazard their Lives and
709. Queen Mary Recognized in Parliament and the Laws for the Reformation repealed Act of Repeal of the Laws made in the time of King Edward the sixth whereby the Reformation was Established several whereof that were made with Penalties I have before mentioned viz. 1 E. 6. ca. 1.1 E. 6. ca. 2.2 and 3 E. 6. ca. 1.3 and 4 E. 6. ca. 10.5 and 6 E. 6. ca. 1. Besides those there were several Laws necessary for the promoting the Reformation which were likewise repealed by the said Act viz. 2 E. 6.21 for taking away all positive Laws made against the Marriage of Priests 3 E. 6.12 made for the ordering of Ecclesiastical Ministers 5 E. 6.3 made for the keeping of holy days and feasting days and 5 E. 6.12 touching the Marriage of Priests and Legitimation of their Children and then Establish'd the Mass Book and all the Popish Service and so Established iniquity by a Law. Queen Mary having before inhibited Preaching without License and to be sure the Protestants must have none and having Repealed the said Laws now begins to think of some effectual way to promulge the Popish Tenets and in order to this an Act of Parliament was made against affronting her Priests of the Romish Church Intituled however An Act against offendours of Preachers and other Ministers in the Church 1 Mary ca. 3. Rast Stat. f. 1069. Keeble 709. Popish Priests must not be disturbed in their preaching i. e. such as were Licensed by her Highness which to be sure must be Popish to this effect that none should by any Overt Act molest or disquiet any Preachers because of his Office or for any Sermon that he might have Preached their Preaching being so ridiculous that it gave cause of suspicion that some would serve them so nor should any way disturb them when they were in any parts of the Divine Offices Which they had reason to fear because the People had been used to a more Decent and Christian way of Worship The penalty was three Months Imprisonment Queen Mary's third Parliament desires to reconcile the Kingdom to the See of Rome Hist Ref. 2 pt p. 291 293. On December the 6 th the 1 st of Mary this Parliament was Dissolved because the House of Commons was displeased with the Match with Spain On the 11 th of November the 1 st and 2 d of Philip and Mary the third Parliament was summoned without putting in the Title of Supream Head of the Church and met which Parliament so Summoned petitioned to be Reconciled to the See of Rome and Cardinal Pool accepts it and absolves them and now they are ready cut and dryed for butchering Work. 1 2 Ph. and Mary ca. 3. Rast Stat. 1100. Keble 719. The first severe Law we meet with is an Act against Seditious Words and Rumours which confirms 13 E. 1.33 and 2 R. 2.5 touching telling of News as if they were resolved good people nothing should be done but what they had President for But what doth that Law add Why That if any person should be Convicted or Attainted for speaking Maliciously of his own Imaginations any False Seditious and Slanderous News sayings or tales of the King or Queen for she was then married to King Philip The Protestants must not speak against the King or Queen Pillory less of Ears striking off band imprisonment during Life the punishments inflicted for the first Offence he was to be set on the Pillory in some Market Town near where the words were spoken and have both his Ears cut off unless he paid 100 l. to the Queen within a Month after Judgment given and should be 3 Months Imprisoned If 〈◊〉 reported any such News from another then to stand in the Pillory and lose one Ear unless he paid a hundred Marks within a Month and should be a Month Imprissoned and if he should do it by Book Rhime Ballad Letter or Writing he was to have his Right hand cut off and for the second Offence should suffer Imprisonment during his Life and forfeit all his Goods and Chattels Is this a Law made by the kind Queen Mary Who in the preamble to the first Act of Parliament made in the first year of her Reign declared so much against making Men Offenders for a word and driving her Subjects to Obedience by severe Punishments and Penalties Yes it is the very same Queen Mary But now the Penal Laws are repealed and she appears in her Popish Colours now Pillory and cutting off Ears striking off Hands and perpetual Imprisonment with loss of Goods and Chattels is better than Hereticks deserve as you will find by subsequent Laws But these Penalties are not all that the poor Protestants must expect from Popish Rulers if we look but a little further even in the same Year 1 2 Ph. and Mary ca. 6. Rast Stat. f. 1103. Keble 721. The Laws for Burning the Protestants as Hereticks revived and the proceedings of the same Parliament we shall find another Law made to unbind the Papists hands that H. 8. had in part Tyed up by 25 H. 8. ca. 14. and Ed. 6. had bound fast up by 2 Ed. 6.12 which two Acts of Parliament had Repealed 5. R. 2.5 Concerning Arresting of Heretical Preachers 2 H. 4.15 concerning Repressing of Heresie and punishing of Hereticks and 2 H. 5.7 Concerning the enormity of Heresie and Lollardy and the suppression thereof by Heresie and Hereticks and Lollardy and Lollards is always to be understood the Professors of the true Religion By this Act of Queen Mary the said Act of 25 H. 8. ca. 14. and 2 Ed. 6.12 are repealed and those three Bloody Laws are reviv'd what those Laws are you may see at large in the beginning of this Treatise only observe this that least they should not prove in force in the Statute of Revivor Printed by Rastal all hree Acts of Parliament are inserted Verbatim And that the World might not think them short in their return to Rome or that they were not hearty in it an Act was made to Repeal all Laws whatsoever that had been made against the See of Rome by which Act is set forth 1 2 Ph. and Mary ca. 8. Rast Stat. fol. 1107 Keble f. 703. The Kingdom reconciled to the See of Rome Hist Reform part 2. fol. 294. their former Schism from the See of Rome and their reconciliation to it upon which all Acts passed since the 20 th of H. 8. against that See were enumerated and repealed there it is said That for the removing of all Grudges that might arise they desired that the following Articles might through the Cardinals Intercession be Established by the Pope's Authority 1 st That all Bishopricks Cathedrals or Colledges established might be confirmed for ever 2 d. That Marriages made within such Degrees as are not contrary to the Law of God but only to the Laws of the Church might be confirmed and the Issues by them declared Legitimate 3 d. That all Institutions into
Benefices might be confirm'd 4 th That all judicial Process might be confirmed And at last a Proviso that all the Settlements of the Lands of any Bishopricks Monasteries or other Religious Houses might continue as they were without any trouble by the Ecclesiastical Censures and Laws So hard a matter is it to dispossess men of Temporal advantages when once they are possest of them that altho' this Parliament would be reconciled to the See of Rome as to Religious Rites and persecuting the Protestants yet they could not be brought to part with the Church Lands By this Parliament another worse Law was made whereby it was Enacted that if any Person should pray or desire that God would shorten the Queens Days or take her out of the Way or any such Malicious Prayer 1 2 Ph. and Mary ca. 9. Rast Stat. f. 1115. Keble 731. Treason to pray against the Queen amounting to the same Effect He his Procurators and Abettors should be Traytors I don't find in History that the Protestants in any of their Prayers or otherwise used any such kind of Expressions against Queen Mary and therefore can assign no reason why she should make this Law unless she was Conscious to her self that what Severities she had already acted what she had made preparation for and was further designing might force such Prayers and Expressions from the poor Oppressed and Persecuted Protestants that what the Wise Man said might be verified Oppression makes a Wise Man mad and truly nothing but a Mad Man can be supposed to utter such Expressions much less make such Prayers I find no more Laws made in her time relating to Religion and indeed one would think that the Repeal of the Laws that were made for the Establishing the Reformation and the reviving all the Bloody Laws that were made against the Protestants together with the additional ones above mentioned had been sufficient to have gratified the most Barbarous Blood-thirsty and Cruel Tyrant But O Popery when wilt thou be satisfied with Cruelties Will not the Blood of Rogers Hist Ref. part 2. f. 305. King Philip's dislike of Popish Guilty Hooper Sanders and Taylor spilt by virtue of these Laws satisfie thee King Philip it did so far as that upon the dislike the Nation shewed of spilling the Blood of those four Ministers he cleared himself of having any hand in it and Alphonsus a Franciscan Fryer that was his Confessor in a Sermon before him the 10 th of February 1655. preached largely against the taking away peoples Lives for Religion which I shall hereafter evince can't be justly laid to the Charge of the Protestants and in plain Terms inveighed against the Bishops for doing of it he said they had not learnt it in Scripture which taught Bishops the Spirit of Meekness to instruct those that opposed them and not to burn them for their Consciences This startled the Bishops since it was now plain that the Spaniards disowned these extream Courses and hereupon there was a stop for several Weeks put to any further severities But the Popish Clergy being once engaged in Blood have been always observed to become the most Brutally cruel of any sort of men so that it was not easie to restrain them and therefore they Resolved rather than the Hereticks i. e. Protestants should not be persecuted to take the Blame avowedly on themselves Queen Mary encourageth the Popish Priests Cruelty to the Protestants Hist Ref. p. 2. f. 242. And no wonder when they were countenanced and encouraged in it by the Queen her self as is plain from this very instance that in August after she came to the Crown there being a Conference about bringing Popery in again in what time by what means and to what height on the one hand Gardiner and all his Party were for bringing Religion back to what it had been at King Henry's death and afterwards by slow Degrees to raise it up to what it had been before his Breach with the Papacy But on the other hand the Queen of her own Inclination was much disposed as another of the same Perswasion lately was no doubt to return immediately to the Union of the Catholick Church as she called it and to evidence it after a Petition sent to her Hist Ref. pt 2. fol. 305 306 307. from some beyond Sea who were out of her Power against Persecuting the Members of Christ instead of hearkening to it she was the more enraged by it and the Popish Clergy were set on work to write Arguments to justifie the persecuting of Hereticks Which they accordingly did This being the Temper of this Queen no wonder they proceeded soon after to burn Thomas Tomkins William Hunter Causton and Highed William Pigot Stephen Knight all Lay men and John Lawrence a Priest The Clergies way of proceeding against the Protestants In all the Popish Bishops proceedings against the Protestants they brought no Witnesses against them but did only exhibit Articles against them according to the way of those Courts and our late High Commission Court called ex Officio and required them to make answer and upon their Answers which were Judged Hereticks they were Condemned so that all this was singly for their Consciences without the pretence of any other matter The next that suffered in this way was Ferrar Bishop of St. Davids and after him one Rawlins White a Fisher-man and George March a Priest the next were Cardmaker a Prebendary at Bath John Warne an Upholsterer the next to him was one that was burnt as it were in Effigie the story is so remarkable I cannot let it pass A Felon proceeded against for Heresie after he was hang'd One Tooly being Executed for a Robbery did at his death say something that savoured of Heresie upon which the Council writ to Bonner which must be at the Queens Instigation to inquire into it and to proceed according to the Ecclesiastical Laws he thereupon formed a Process and cited the dead Body to answer the Points objected to him but he to be sure neither appearing nor answering was condemned and burnt The next that followed were Thomas Hawk John Simson and John Ardly John Wats Nicholas Chamberlaine Thomas Ormond and William Bainford all Lay-men Then followed Bradford Ridley and Latimer Philpot Cranmer and abundance more which you may read of and the full Account of their Martyrdom in Fox's Acts and Monuments the third Part and more briefly in Dr. Burnet's History of the Reformation from f. 305. to 340. But notwithstanding all these Instruments of Cruelty they had framed they could not be satisfied unless they raised it to the very height of all Barbarity that the Church of Rome did ever pretend to and that was the setting up the Inquisition here in England A Commission extraordinary for proceeding against the Protestants Hist Ref. pt 2. fol. 247. and in February 1557. they had made a good step towards it for a Commission was given to divers Popish Lords Spiritual and
Temporal and others which mentions that since many false Rumors were published amongst the Subjects and many Heretical i. e. Protestant Opinions were also spread among them therefore they or any three of them were to enquire into those either by Presentments by Witnesses or any other Politick Way they could Devise and to search after all Heresies the Bringers in the Sellers or Readers of all Heretical Books they were to Examin and Punish all Misbehaviours or negligences in any Church or Chappel and to try all Priests that did not preach of the Sacrament of the Altar all Persons that did not hear Mass or come to their Parish Church to Service that would not go in Procession or did not take Holy Bread or Holy Water And if they found any that did obstinately persist in such Heresies they were to put them into the hands of their Ordinaries to be proceeded against according to the Laws giving them full power to proceed as their Discretions and Consciences should direct them and to use all such means as they could invent for the searching of the premises empowring them also to call before them such Witnesses as they pleased and to Force them to make Oath of such things as might discover what they sought after This Commission at large you may find in the Collection of the Records annexed to Dr. Burnet's History of the Reformation second part Lib. 2. Num. 33. It shews how high they intended to raise the Persecution when a Power of such a Nature was put into the hands of any three of a number so selected Besides this there were many subordinate Commissions issued out and after this a Commission was given to the Archbishop the Bishop suffragan of Hull and divers others to the same effect but with this limitation that if any thing appeared to them so intricate that they could not determine it they were to refer it to the 1 Bonner Bishop of London and his Collegues who had a much larger Commission and great reason he should because they were sure he would spare none that came before him And now all was done that could be devised for extirpating of Heresie except Courts of Inquisition had been set up which doubtless had been done Queen Mary's Death Fox had that Blood-sucking Queen lived a little longer But it pleased God to take her away after she had burnt 72 the first year of her Persecution 94 the second 79 the third and 39 the last in all 284 according to Fox But Dr. Burnet gives this further Account Hist Ref. pt 2. fol. 364. that he that writ the Preface to Bishop Ridley's Book de Carne Domini who is supposed to be Grindal afterwards Arch-bishop of Canterbury says that in the two first years of this Queens Persecution there were above 800 put to most cruel kinds of Death for Religion By which it seems Fox hath come far short in his account I cannot omit the Account that Dr. Burnet gives of the Method The Methods of the Persecution of Protestants in this Reign of the Persecutions of this Reign Saith he At first the Bishops dealt earnestly with those that were brought before them to recant and were ready at any time to receive them The Queens Pardon was also sent to them as they were ready to be tyed to the Stake if they would then turn But now it was far otherwise For in the Council Books there is an Entry made of a Letter written the 1st of August 1558 to Sir Richard Pexhall Sheriff of Hampshire signifying That the Queen thought it very strange that he had delayed the Execution of one Bembridge Condemned of Heresie because he had recanted Requiring him to Execute it out of hand and if he still continued in the Catholick Faith which he outwardly pretended he was then to suffer such Divines as the Bishop of Winchester should appoint to have access to him for confirming him in the Faith and to 〈◊〉 on him at his Death that he might dye God's Servant And as soon as the Sheriff had thus burnt him he was to come to the Council and answer for his Presumption in deferring it so long The matter of Fact was thus Bembridge being had to the Stake and the Fire taking hold of him he through the violence of it yielded and cryed out I recant upon which the Sheriff made the Fire to be put out and Bembridge signed such a Recantation as Dr. Seton who was near him writ for him But for all that upon this Order of Council he was burnt and the Sheriff was put in the Fleet. So that now it appeared that it was not so much the Conversion of those they called Hereticks as their Destruction that the Bishops desired and I think the Instance of Burning Arch Bishop Cranmer after he had recanted Hist Ref. pt 2. fol. 333. upon the Promise of a Pardon is as pregnant an instance as this which you may see related by Dr. Burnet Hist Ref. part 2. fol. 333. And sure it will be no wonder that there was such a severe Persecution during this Reign Hist Ref. 2 pt ◠370 371. If it be considered that the Bishops besides the other Cannons binding them to proceed against them they called Hereticks were by the words of the Oath of Obedience which they sware to the Pope at their Consecration engaged to oppose and persecute the Hereticks with all their might so that their giving severe Counsels and the Queens following them flowed mainly from the Principles of their Religion and can any thinking man imagine they are altered since in which the sowerness of the Queen's Temper made it the more easie to perswade her to a compliance to those courses to which her own inclinations led her without any such motives And now they that can expect any better usage from the Bishops and Prelates of the Church of Rome under a Prince of that perswasion must I think have forfeited their Reason and are fitter to converse with Wolves and Tygers than men much less the most refined of them those who are sincerely of the Reformed Religion commonly called Protestants My design in being thus long in setting forth the cruel Penal Laws that were made or revived and put in Execution in this Reign was that the Reader might compare the Penal Laws in Edward the 6 th's time with the Penal Laws in Queen Mary's and then judge whether his are not merciful compared with these especially respecting the Execution there being not one put to Death for Religion in all King Edward the 6 th's Reign that so the Moderation of the one may be admir'd and the Cruelty of the other abhor'd And not as any Reason why the Penal Laws against the Papists in Queen Elizabeth's Time were made upon such severe Penalties for I shall shew that they were made upon quite different reasons than in revenge as the Papists maliciously suggest for the severe usage of the Protestants in this Reign CHAP. VII Q.
Eliz. QUeen Mary dyed the 17 th of November Queen Elizabeth's Birth-Day Anno Domini 1558. Whose Death put an end to this severe Persecution The Parliament then assembled in the sixth and last year of her Reign Queen Elizabeth her Accession is the Crown and her râ—â—â—eâ—â—ete calling of a Parliament D'Ewes Journal of Q. Eliz. Reign f. 1. Cambd. Anceâ—s f. 12. Hist R. f. 2 pt f. 373. being by her demise Dissolved The thrice Excellent and Prudent Princess Queen Elizabeth according to her Right and Hereditary Title saith Sir Simon D'Ewes true and lawful Heir to the Crown according to the Act of Succession of 35 H. 8. saith Cambden the next and indisputed Heir to the Crown saith Doctor Burnet and Heath the then Lord Chancellour so called her without any opposition or difficulty King Philip being then very happily beyond the Seas succeeded to all the Realms and Dominions of Mary her Sister excepting Calais and those other inestimable places in France which had been most dishonourably and vainly lost in the time and towards the end of the Reign of the said Queen Mary and finding also the Innocent Blood of God's Saints Arch-Bishop Cranmer Bishop Ridley Bishop Hooper and the rest shed for the Witness of the Truth to have stained the former Government with the just brand and stygma of Persecuting and Tyrannical and that her Realms and Dominions were much impoverished and weakned as Doctor Burnet in his Letters hath made evident almost all places abroad are where Popery is the prevailing Religion Popery and Slavery being inseparable Companions she therefore in the very entrance of her Reign applyed her first are to the restoring of the Protestant Religion which she verily perswaded her self was most true Cambd. Hist f. 13. and consonant to the Sacred Scriptures and the sincerity of the Primitive Church and well considering and foreseeing that the surest and safest way to establish the Truth to abolish all Foreign and Usurpt Authority to repair the weaknesses and breaches of her said Realms and Dominions to strengthen her Kingdom with Shipping and Munition and to revive the decayed Trade thereof was by the common Advice and Counsel and with the publick Assent did summon her first Parliament to begin on Munday the 23 d day of January in the first year of her Reign But before I give any Account of what Laws were thereby made relating to the Papists I shall 1 st Shew how the Law stood at to the Papists when she came to the Crown 2 d. I shall show that the Protestant Religion was restored by much more lenil and mild Methods towards the Papists in Queen Elizabeth's time than the Popish Religion was introduced by in Queen Mary's 3 d. I shall make it fully appear that they gave just occasion for making the severe Laws against them that were made in Queen Elizabeth's time and when in time the occasion was given and the Laws made which last thing will run through the whole thread of the following account As to the first whoever will give himself the trouble to consult our Statute and Law-Books will find 1 How the Laws stood as to the Papists before any new ones were made 25 F. 3. ca. 2. that long before her Reign it was Treason to compass or imagine the death of the King the Queen or their Eldest Son and Heir or to levy War against the King or to adhere to the King's Enemies or to give to them Aid or Comfort 2 Rog. Hov. in Hen. 2. 13 R. 2. sta 2. ca. 2 Co. Inst 3.100 ca. 36. That it was Treason and afterwards Felony to bring or send into this Kingdom or the King's Power which is the same with Dominions any Summons Sentence or Excommunication against any person of what Condition soever he be 3 16 R. 2 ca. 5.3 Inst 120 121 126.12 Co. 37.40 Davis 84. that he incurr'd a Premunire that purchased Bulls from Rome and that the Crown of England even in the Popish times was subject to none 4 Co. Rep. 5. f. 12 15 17 21 22 23 27 28. and Co. Inst 3. Ca. 36. It was of old Treason by the Common Law of the Land to procure or bring in any Bull of Excommunication against any Subject much more certainly against the King or Queen because it gives way to Foreign Authority 5 Co. Inst 3. ca. 67. f. 144. And by the Laws of England all Subjects are prohibited to take any Pension c. of any Foreign King Prince or State without the King's License altho' in League with England Thus stood the Laws when that Glorious Queen of ever Blessed Memory ascended the Throne and one would have thought these would have guarded her against all attempts of the Papists and 't is not unreasonable to believe that she her self was of that mind if we consider 2 ly That the Methods taken by Queen Elizabeth for restoring the Protestant Religion were much milder than those taken by Queen Mary to introduce the Popish This will appear by the Laws themselves of which I come now to give an account and of the occasion of their making The first is That which restores to the Crown 1 Eliz. ca. 1. Rast Stat. 2. part f. 1. The Crown restored to its Antient Jurisdiction in causes Ecclesiastical a power given to delegate the exercise of it the Oath of Supremacy and what shall be taken for Heresie ascertained the Antient Iurisdiction over the Estate Ecclesiastical and Spiritual and abolisheth all Foreign Powers repugnant to the same Which it doth by reviving the Laws of Henry the 8th against the See of Rome and of Edward the 6th for the Protestants Which Laws were repealed by Queen Mary and Laws for Convicting and Burning Hereticks i. e. Protestants in an Arbitrary way revived which had been Repealed in Edward the 6th's time This Law therefore particularly repeals 5 R. 2.5 5 H. 4.15 2 H. 5.7 made against the Protestants then called Hereticks and Lollards and then doth abolish Foreign Iurisdiction wherein it is but declarative of the Antient Laws of the Kingdom and annereth Ecclesiastical Iurisdiction to the Crown and gives a power of delegating the Exercise of it establisheth the Oath of Supremary but in tenderness to the Papists leaves out Supream Head of the Church and provides that all Ecclesiastical Persons Temporal Iudges Iustices Mayors or other say or temporal Officers and every other person having her Highness Fee or Wages shall take the said Oath upon the penalty of forfeiting their places Ecclesiastical or Temporal upon an obstinate refusal and disability to hold the same for the future the penalty of maliciously maintaining a Foreign Iurisdiction is for the first offence the loss of Goods and Chattels only and if he be not worth 20 l. then over and above the forfeiture of his Goods and Chattels he shall suffer twelve Months Imprisonment without Bail or Mainprize the second offence is made a premunire the third offence high
Treason This Act declares what shall not and what shall be Heresie Hist Ref. pt 2. ib. 3. f. 386. that no matter of Religion or cause Ecclesiastical within this Act shall be Heresie Schism or Schismatical Opinion nor any thing but what is so adjudged by the Canonical Scriptures and the four first general Council or other Councils by the true and genuine sence of the Holy Scriptures or what should afterwards be declared Heresie by the Parliament with the consent of the Convocation From which Act. I observe that altho' it was a Premunire before this Law to own a Foreign Jurisdiction as bringing in Bulls doth yet the Queen was willing to inflict a less punishment for the first offence to see if she could gain upon the Papists by Clemency and made it not high Treason till a conviction of the third offence and that Conviction to be according to the Antient Laws of the Land and not in an Arbitrary way which is much more mild than any of the Popish Laws were neither was this Law put in Execution against them till they grew troublesome to the State as I shall plainly make appear hereafter The next Law was for the uniformity of Common Prayer and service in the Church and administration of the Sacraments Whereby 1 Mar. ca. 2. is repealed 1 Eâ—iz ca. 2 Rast Stat. p. 2 f 5. An Act of Vniformity Camd. Annal. fol. 27. and the last Book of Common-prayer c. made in Ed. 6 th time is established with the alteration of some few things By which Law it is provided that spiritual persons that shall use any other service or deprave or speak against the use of that for the first offence being legally Convicted shall lose the profits of his Benefice for a Year and shall suffer six months Imprisonment for the second Offence shall be deprived ipso facto for the third not only deprived but suffer Imprisonment during his Life a Lay person offending in the Premisses shall for the first Offence suffer Imprisonment for a Year without Bail or mainprize and for the second Offence shall suffer Imprisonment during Life Every one that by Enterludes Plays Songs Rhimes or other open words shall speak against any thing in derogation depraving or despising of the same Book or shall any ways maintain any person c. in using any other Service c. or shall hinder or interrupt the use of this Book For the first Offence shall forfeit 100 Marks for the second Offence 400 Marks and for the third Offence shall forfeit all his Goods and Chattels and suffer Imprisonment during Life and for non payment of the 100 Marks in 6 Weeks after his Conviction shall suffer six Months Imprisonment and for non payment of the 400 Marks shall suffer 12 Months Imprisonment without Bail or Mainprize All persons are by this Act required having no reasonable Excuse to resort to their Parish Church or upon reasonable Let to some other place where the service is used upon Sundays and Holy-days upon the Penalty of punishment by the Censures of the Church and 12 d. for every Default And for due Execution of this Act the Queen il â—ean trying the Bishops for being guilty of a Misdemeanor iâ— not complying with a Popish Prince against this Law be justified the Lords Temporal and all the Commons in that Parliament assembled did in God's Name earnestly require and charge the Arch-Bishops Bishops and other Ordinaries that they should endeavour themselves to the utmost of their knowledges that the due and true Execution thereof might he had throughout their Diocess and charges as they would answer before God for such Evils and Plagues wherewith Almighty God might Iustly punish his People for neglecting that good and wholsome Law. All Laws for other Service are hereby made void But may the Papists say Are not imprisonment Premunire and High Treason very great Penalties What Greater To this I answer That there is not any of them inflicted for the first Offence But punishment for the first offence is still but a pecuniary molct The Penalty annâ—â—ed to this Law justified and extends to neither Pillory Loss of Ears striking off hands or death much less death by Fire and Fagor The second Offence is restraint of Liberty and that but Temporary except in one single Case where it is for Life The punishment for the first Offence is no where made a Premunire nor Treason and 't is but in one case that the Party offending is made Guilty of High Treason and that is upon being Convicted of the third Offence too and for that very Offâ—nce the Party incurr'd a Premunire by the Law before And if it be granted me that it is necessary that some kind of Penalties be annexed to inforce obedience to Laws which certainly cannot be denyed these being such gradual Penalties the Papists themselves cannot but own that they are reasonable 5 Eliz. ca. 1 Rast Stat. pt 2. f. 39. An Act to exclude the Popes Pretences to any Authority here in England The reasonableness of it and the Penalties annexed to it The next Act of Parliament I shall take notice of is the Act for the assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions by which Act it is provided That if any person dwelling inhabiting or resiant within the Queens Dominions should after 1 Apr. 1563 by writing c. advisedly and wittingly hold c. maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore usurped within this Realm being lawfully Convicted thereof within a Year should incur a Premunire for the first Offence and High Treason for the Second the like Penalties are annexed to the Refusal of the Oath of Supremacy The reason of the making which Law appears from the Preamble of the Act and the History of those times The Preamble takes notice that Hures Perils Dishonours Inconveniences had before time befallen the Queens Majesties Noble Progenitors Kings of this Realm and the whole estate thereof by means of the Jurisdiction of the See of Rome unjustly claimed and usurped within this Realm and the Dominions thereof and also takes notice of Dangers the Queen and state was then in by the Faâ—ters of the said usurped Power at that time grown to marvellous outrage and Licentious Boldness and therefore it was necessary to have more sharp restraint and correction of Laws then before in the time of the Queens Majesties most mild and merciful Reign had been establish'd Hence it plainly appears that the Parliament thought the Queens Person and the Kingdom in great Danger from the Papists who are all favourers of the Pope's Authority in England and if Cambden may be believed not without reason Cambd Annals fol. 58. for he tells us That Anno Domini 1562 in France the Professors of the Reformed Religion were most grievously afflicted And that thereupon the Papists in England muttered
many and Great matters in secret talk amongst Companies of suppressing in like manner the Protestants in England And every one that is acquainted with the History of those times knows that at the same time that these things were bruited about the Papists here the Guises in France and the Queen of Scots that restless and unwearied Enemy of the Protestant Religion were plotting and Contriving against the Queen and that those Plots and Contrivances of the Queen of Scots were never at an end till the Axe put a period to her Life and them together And how forward the Priests of the Romish Church especially of the Order of Jesuits are to assert the Pope's jurisdiction and bring in and Execute his Bulls here in England is well known amongst Protestants And that this is laid by the secular Priests themselves to the Charge of the Jesuits I shall hereafter make appear So that certainly it must be owned that there was very good reason to make this Law and as for the Penalties they were annexed in terrorem rather than with any design to be inflicted to the ruine of them against whom the Laws were made as plainly appears from the History of the first 12 years of this Queens Reign during which time the Persons of the Papists The Queens mild usage of the Papists notwithstanding these Laws remained in the Kingdom quiet and undisturbed till they themselves gave just occasion for putting these and the Antient Laws of the Kingdom in Execution against them and making further provision by the adding new Laws with more severe Penalties or rather inforcing the Execution of the old ones 1 Foulis Hist of Romish Treasons li. 7. cap. 2. fol. 325. The secular Priests in their important considerations confess not above 12 in 10 years and of those 12 some were attainted of Treason Collections f. 41. Lord Treasurer Burleigh hasserts the same f. 28. Abr. Bzov. de Rom. Pontif. c. 46. p. 621. We don't read in our English Histories of twelve Papists that suffered Death in the 10 first Years of the Reign of Q. Elizabeth nor of any that at any time were executed purely for exercising their Religion But those of them that have been executed have dyed for Treason and Rebellion and Mr. Fowlis tells us that it is confest by Bzovius their Papal Champion that there was not any that suffered in Queen Elizabeths time but did teach the dangerous doctrine that the Pope could depose Kings That the Papists both Clergy and Laity were used by the Queen in the Beginning of her Reign with all the kindness and even tenderness imaginable must be believed if one of the greatest Statesmen of his Age and one of the Wisest Persons this Nation ever bred viz. The Lord Treasurer Burleigh who writ in this Queens Reign can challenge any Credit he saith thus 2 Execution for Treason not for Religion p. 6.7 And though there are many Subjects known in the Realm that differ in some Opinions of Religion from the Church of England and that do also not forbear to profess the same yet in that they do also profess Loyalty and Obedience to her Majesty and offer readily in her Majesties Defence to impugn and resist any foreign force tho' it should come or be procured from the Pope himself none of these sort are for their contrary Opinions in Religion prosecuted or charged with any Crimes or Pains of Treason nor yet willingly searched in their Consciences for their contrary Opinions that savour not of Treason They were not Closetted 3 Dr. Burnet in his Hist of the Ref. gives much the same Account of the usage of these Men. pt 2d lib. 3. f. 396. Cambd. doth so likewise fol. 28 29. his Annals And he instances in several Dr. Heath Arch Bishop of York and Lord Chancellor of England in Queen Mary's time who saith he at the first coming of her Majesty to the Crown shewing himself a faithful and quiet Subject was continued in both the said Offices tho' in Religion then manifestly differing and yet was he not restrained of his Liberty nor deprived of his proper Lands and Goods but leaving willingly both his Offices lived in his own House and enjoyed all his purchased Lands during all his natural Life until by very Age he departed this World and then left his House and Living to his Friends An Example of gentleness never matched in Queen Mary's days The Like did Dr. Pool who had been Bishop of Peterborough Dr. Tonstall Bishop of Duresme these of quiet behavior There were others he tells us Dr. White and Dr. Oglethorp the one Bishop of Winchester the other of Carlisle and Dr. Thurlby and Dr. Watson one Bishop of Ely the other of Lincoln not pressed with any Capital Pain though they maintain'd the Pope's Authority against the Laws of the Realm Mr. Fecknam an Abbot is also Instanced in Some Deans as Dr. Boxall Dean of Windsor a Person of great Modesty and Knowledge Dr. Cole Dean of Pauls a Person more earnest than Wise Dr. Reynolds Dean of Exeter and many such others having born Office and Dignities in the Church and had made profession against the Pope which they began in Queen Mary's time to change yet were they never to this day burdned with Capital pains nor yet deprived of any of their Goods or proper Livelyhoods but only remov'd from their Ecclesiastical Offices which they would not Exercise according to the Laws And most of them for a great while were retained in Bishops houses not in Cole-holes and Dungeons as Bonner entertained the Protestants in the Marian daies in very civil and curteous manner without charge to themselves or their Friends until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm by stirring of Rebellion about which time only some of those aforenamed being found busier in Matters of State tending to stir troubles than was meet for the common quiet of the Realm were removed to other more private places not into Smithfield to be burnt after a pretended Conviction of Heresie in an Arbitrary and Illegal manner Cambd. Annals f. 28. In all England where there are 9400 Ecclesiastical Promotions there were turned out of their Livings Dignities and Bishopricks not above 800 Parsons of Churches 50 Prebendaries 15 Presidents of Colledges 12 Archdeacons as many Deans 6 Abbots and Abbesses 14 Bishops Baker 's Chron. f. 395. Until the twentieth year of Queen Elizabeth's Reign the Papists in England were mercifully connived at while they solemnized their own Rites within their private houses tho' that also were against the Laws The Priests confess the Queen 's mild usage of Papists Lord Burleighs Execution for Treason The Secular Priests important considerations and the Jesuits reasons unreasonable f. 34. The Secular Priests themselves Watson and Bluet confess in their important Considerations wherein they make the Jesuits Plottings and Treasons to be the occasion of making and Executing the
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.
Parsons presently fell to his Jesuitical Courses and so be-laboured both himself and others in matters of State how he might set her Majesties Crown upon another Head as appeareth by a letter of his own to a certain Earl that the Catholics themselves threatned to deliver him into the hands of the Civil Magistrate except he desisted from such kind of practices In these tumultuous and rebellious proceedings by sundry Catholics both in England and Ireland it could not be expected but that the Queen and the State would be greatly incensed with indignation against us We had some of us greatly approved the said Rebellion highly extoll'd the Rebels and pitifully bewailed their Ruin and Over-throw Many of our affections were knit to the Spaniards and for our Obedience to the Pope we all do profess it The attempts both of the Pope and Spaniard failing in England his Holiness as a temporal Prince The Popes Banner displayed in Ireland to depose the Queen displayed his Banner in Ireland This Plot was to deprive Her Highness first from that Kingdom if they could and then by degrees to depose her from this In all these Plots none were more forward then many of us that were Priests The Layity if we had opposed our selves to these designments would out of doubt have been over-ruled by us How many of our Calling were addicted to these Courses the State knew not In which Case the premises discreetly considered there is no King or Prince in the World disgusting the See of Rome and having either force or Metal in him The Queen Vindicated and commended that would have indured us if possible he could have been revenged but rather as we think have utterly rooted us out of his Territories as Traytors and Rebels both to him and his Country And therefore we may rejoyce unfeignedly that God hath blessed this Kingdom with so gracious and merciful a Soveraign who hath not dealt in this sort with us Assuredly if she were a Catholic she might be accounted the Mirrour of the World but as she is both we and all other Catholics her natural Subjects deserve no longer to live then we hereafter shall Honour her from our Hearts obey her in all things so far as possibly we may pray for her Prosperous Reign and long Life and to our Powers defend and Protect both her and our Country against any whatsoever that shall by force of Arms attempt to damnifie either of them for in the said Garboils and very undutiful Proceedings how hath her Highness dealt with us From the time of the said Rebellion and Parliament The Papists themselves confess not above twelve Executed in ten years there were few above twelve that in ten Years had been Executed for their Consciences as we hold altho our Adversaries say for Treason and of those twelve some parhaps can hardly be drawn within our Account having been tainted with matters of Rebellion The most of the said number were Seminary Priests who if they had come over with the like intents that some others have done might very worthily have been used as they were But in our Consciences nay some of us do know it that they were far from those Seditious humours being Men that intended nothing else then simply the good of our Country and the Conversion of Souls Marry to say the Truth as we have Confessed before how could either her Majesty or the State know so much They had great Cause as politic Persons to suspect the worst Besides to the further Honour of Her Majesty we may not Omit that the States of the whole Realm Assembled in Parliament Anno 1576. Were pleased to pass us over and made no Laws at that time against us The Antient Prisoners that had been restrained more narrowly in the Year 1570. were notwithstanding the said Enterprizes in Ireland again restored to their former Liberty to continue with their Friends as they had done before such as were not suspected to have been Dealers or Abettors in the said Treasonable Accounts were used with that humanity which could not well be expected But when the Jesuits were come and that the State had notice of the said Excommunication there was then within a while great alteration for such were the Jesuits proceedings and with so great boldness as tho all had been theirs and that the State should presently have been changed Her Majesty had seen what followed in her Kingdom upon the first Excommunication and was therefore in all worldly Policy to prevent the like by the second The Jealousie also of the State was much increased by Mr. Sherwin's answer upon his Examination The Jesuits indirect answering of plain Questions above Eight Months before the Apprehension of Mr. Campian For being asked whether the Queen was his lawful Soveraign notwithstanding any Sentence of the Popes he prayed that no such Question might be demanded of him and would not further thereunto Answer Two or three other Questions much to the like effect were likewise propounded unto him which he also refused to Answer Matters now sorting on this fashion there was a greater restraint of Catholics then at any time before many both Priests and Gentlemen were sent into the Isle of Ely and other places there to be more safely kept and looked unto The Queen's Proclamation upon the coming over of the Jesuits Seminary Priests This is a Mistake for the Law made by this Parliament was 23. Eliz. Cap. 1. that made it Treason in converter and converted to the Church of Rome and the Law here mentioned is 27. Eliz. Cap. 2. In January following 1581. according to the general Computation a Proclamation was made for the Calling home of Her Majesties Subjects beyond the Seas such especially as were trained up in the Seminaries pretending that they Learned little there but disloyalty and that none after that time should harbour or relieve them with sundry other Points of hard intendment toward us The same Month also a Parliament ensued wherein a Law was made agreeable in effect to the said Proclamation But with a more severe punishment annexed for it was a Penalty of Death for any Jesuit or Seminary Priest to repair into England and for any to receive or entertain them which fell out according to Bishop Watsons former Speeches or prediction what mischiefs the Jesuits would bring upon us We could here as well as some others have done shew our dislike with some bitterness of the said Law and Penalty But to what purpose should we do so It had been a good Point of Wisdom in two of three Persons that have taken that course to have been silent and rather to have thought by gentleness and sweet Carriage of themselves to have prevented the more sharp Execution of that Law then by exclaiming against it when it was too late to have provoked the State to a greater severity against us And to confess something to our disadvantage and to excuse the said Parliament If all
and Attempts against Her Majesties most Royal Person now for the explaining of all such Ambiguities and Questions which otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the Words or Meaning thereof Be it declared and enacted by the Authority of this present Parliament The Association approved and confirmed that the said Association and every Article and Sentence therein contained as well concerning the disallowing extending or disabling of any Persons that may or shall pretend any Title to come to the Crown of this Realm and also for the pursuing and taking Revenge of any Person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true Intent and Meaning of this Act not otherwise nor against any other Person or Persons The latter of the said two Acts of Parliament is intituled An Act against Jesuits Seminary Priests and such other like disobedient Persons The Preamble runs thus 27 Eliz. cap. 2. Rast Stat. 2. part f. 285. Treason for Priests and Jesuits to come into England Harbouring them Felony c. WHereas divers Persons called or professed Iesuits Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years come in and been sent and dayly do come and are sent into this Realm of England and other the Queens Majesties Dominions on purpose as it hath appeared as well by sundry of their own Examinations and Confessions as by divers other manifest Means and Proofs not only to withdraw Her Highnesses Subjects from their due Obedience to Her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same Her Highnesses Realms and Dominions to the great indangering of the Safety of her most Royal Person and to the utter Ruine Desolation and Overthrow of the whole Realm if the same be not the sooner by some good Means foreseen and prevented For reformation whereof it is enacted That all Iesuits Seminary Priests and other Priests whatsoever Ordained within or without the Queens Dominions by virtue of the Popes Authority should depart within forty Days That those who should afterwards return into the Kingdom should be guilty of High-Treason That he who should wittingly and willingly Harbour Relieve and Maintain them should be guilty of Felony that those who were brought up in Seminaries if they returned not within six Months after Notice given and submitted not themselves to the Queen before a Bishop or two Iustices should be guilty of High Treason and if any so submitting themselves should within ten years approach the Quéens Court or come within ten Miles thereof their Submission should be void That those who should by any Means whatsoever send or convey over any Money to Students in such Seminaries should incur the Penalty of a Premunire That if any of the Peers of the Realm that is Dukes Marquisses Earls Viscounts or Barons of Parliament should offend against these Laws he should be brought to his Tryal by his Peers That if any should know of any such Iesuits or other Priests above said lurking within the Realm and should not discover them within twelve Days he should be Fined and Imprisoned at the Queens Pleasure That if any Man should be suspected to be a Iesuit or Priest as aforesaid and not submit himself to Examination he should for his Contempt be imprisoned till he did submit himself That he who should send his Children or any others to Seminaries and Colledges of the Popish Profession should be fined in an hundred Pounds of English Money and that those who were so sent thither should not succeed as Heirs nor enjoy any Estates which should any way fall to them the like for all such as should not return home from the said Seminaries within a year unless they did conform themselves to the Church of England That if the Wardens or Officers of the Ports should permit any others besides Sea-men and Merchants to cross the Seas without Licence of the Quéen or six Privy Councellors they should be put out of their Places and the Masters of such Ships as carried them should forfeit their Ships and Goods and suffer Imprisonment for a whole Year Reflections upon the foregoing Plots Treasons and Acts of Parliament occasioned by them From which said Plots Conspiracies and Treasons and the said Acts of Parliament occasioned by the same I observe these things amongst many others observable 1. That there are no Villanies that can be imagined so bad but the Romish Clergy even the Pope himself will tell you is lawful to be Committed to carry on the interest of that Religion and instruments enough are to be found amongst Men of that Communion to undertake the Committing thereof one instance whereof we have in this Parry who did not only think it lawful but undertook it to murder his own Lawful Soveraign and had Authority so to do from the Pope himself and that he might sit in the House of Commons must needs be Guilty of a Wilful Perjury for by 13. Eliz. cap. 2. none could sit in that House but he who first had taken the Oath of Supremacy and that he did sit there is plain from the History and tho it doth not appear that he had a Dispensation for it yet 't is not to be doubted but that he was sure of a Pardon in case he had not a Dispensation 2. That the Protestants in those days thought it not only lawful but their Duty to Associate for the preservation of their Prince and of their Religion and having so done they were so far from being blamed by the Parliament that the Parliament did esteem it not only as a Lawful but a Commendable Act and added their Sanction to confirm what before they judged Lawful 3. That the Parliament in the 27 th Year of Queen Elizabeths Reign were so far from questioning their own power of determining and limiting the Crown and the Succession thereof that they did not only think it in their Power but reduced it into Act too to make the Successor Guilty of High Treason that should imbrue His or Her hands in the Blood of the Predecessor and hereby altered the Law 1. H. 7.4 Fitz. Abr. tit Parl. 3. Bro. Abr. tit Parl. 37. Plowd 238. b. that the Accession to the Crown purges the Treason because all Persons named in Acts of Parliament even the King himself are bound by such Acts of Parliament wherein they are named they being no ways alterable but by the same power not Persons that made them 4. That the severity of the Laws hitherto made did not actually deter the Papists from Plotting and Conspiring the Death of the Queen and the subverting the Protestant Religion Nor was it likely to
be effected so long as the Jesuits Seminary Priests and other Priests were tollerated here for it hath been observed by some with a great deal of Truth that there was never yet a Plot against the Government but the Popish Priests had their share in it It was therefore thought necessary to follow the example of Swedeland the State of Venice and other Countries who have banisht the Jesuits and wisely to carry it a little further and banish Priests too they being such Disturbers of the State which was accordingly done by 27. Eliz. cap. 2. But least the Papists should again object against the Authorities I cite for the History of the Fact I shall here insert the very Words of their Secular Priests in their important Considerations whereby the truth of the Fact is Confest the Words are these About the time of the overthrow of the Popes Forces in Ireland The Secular Priests confess the truth of all the foregoing Account Collect. f. 44. The Popes Plot with King of Spain and Duke of Guise Mendoza his Holiness by the false instigation of the Jesuits plotted with the King of Spain for the assistance of the Duke of Guise to enterprize upon the sudden a very desperate design against Her Majesty and for the Delivery and advancement to the Crown of the Queen of Scotland For the better asserting whereof Mendoza the Jesuit and Ledger for the King of Spain in England set on work a worthy Gentleman otherwise one Mr. Francis Throckmorton and divers others And whilst the same was Contriving as afterwards Mr. Throckmorton himself Confessed 1584 the Jesuitical humour had so possessed the hearts of sundry Catholics as we do unfeignedly rue in our hearts the remembrance of it and are greatly ashamed that any Person so intitl'd should ever have been so extreamly bewitched Two Gentlemen about that time also viz. Anno 1583. Mr. Arden and Mr. Somervil were convicted by the Laws of the Realm Throgmortons Confession you have Printed Camb. Annal l. 3. f. 297. Arden and Somervil Dr. Parry Earl of Northumberland for having purposed and contrived how they might have laid violent hands upon Her Majesties sacred Person Mr. Somervils Confession therein was so notorious as it may not be either quallified or denied And Dr. Parry the same Year was plotting with Jesuits how he might have effected the like Villany How the worthy Earl of Northumberland was about this time brought into the said Plot by the Duke of Guise then still in hand we will pretermit Mr. Parsons that was Actor in it could tell the Story very roundly at Rome it wrought the Earls overthrow in 1585 which may justly be ascribed to the Jesuitical Practices of the Jesuite Mendoza and others of that Crew They mentioned several other Treasons which I shall not here take Notice of but reserve them till I come to give the further Account of their Treasons and only set down the Conclusion of this Paragraph These things say they we would not have touched had they not been known in effect to this part of the World and that we thought it our Duties to shew our own dislike of them and to clear Her Majesty so far as we may from such imputations of more then barbarous Cruelty towards us as the Jesuits in their Writings have cast by Heaps upon her They themselves as we still think in our Consciences and before God having been from time to time the very Causes of all the Calamities which any of us have endured in England since Her Majesties Reign which we do not write simply to excuse Her Highness altho we must Confess we can be contented to indure much rather then to seek her Dishonour but for that we think few Princes living being perswaded in Religion as Her Majesty is and so provoked as she hath been would have dealt more mildly with such their Subjects all Circumstances considered then she hath done with us Let us now see what reason can be given for making the rest of the Penal Laws that were made against the Papists in this Queens Reign The Earl of Arund tryed and fined only Camb. Annals f. 330. He was in 1589. tryed for high Treason and Condemned but the Queen spared him Camb. Annals f. 424.429 The first thing I meet with remarkable after the making these Laws forementioned is the fining the Earl of Arundel 5000 pounds in 586. for holding Correspondence with Allen and Parsons the Jesuit the Queens Enemies for that publickly in writing he had questioned the Justice of the Kingdom and that he had intentions of departing the Realm without License The Earl protesting his obedience to the Queen and his Love to his Countrey modestly excused himself by his Love to the Catholic Religion and his ignorance of the Law Confessed his fault and submitted In the * Gifford Savage Ballard and others Plot to kill the Q. Camb. Annals f. 336. Foulis Hist l. 7. cap. 5. sec 1. f. 343. Bakers Chron. f. 367. same year a very dangerous Conspiracy was discovered against Queen Elizabeth in the English Seminary at Rheimes there were some who were so bigotted to the Popish Religion that they thought the Pope could by his Authority do any thing and that the aforementioned Bull of Pius Quintus for deposing the Queen was dictated by the Holy Ghost and thought it a Meritorious Act to take away her Life and doubted not of a Canonisation as Martyrs if they fell in the Attempt William Gifford Doctor in Divinity Gilbert Gifford and one Hodgson Priests did so infuse this treasonable Doctrine into the mind of one John Savage a Bastard as was reported that he readily Vowed to kill the Queen One Ballard an English Priest at Rheimes bestirs himself in England and Scotland for carrying on the Design and for that purpose prepares Disciples then goeth into France and treats with Mendoza before named Charles Paget and others about invading of England judging they could never have a fairer opportunity then at that Juncture of time forasmuch as the Pope the Spaniard the Duke of Guise and the Prince of Parma were all resolved to set upon England thereby to divert the War from the Netherlands Having delivered the Message there he returns for England to promote the design here gets to London where in a Souldiers habit under the false Name of Captain Fescue he agitates the Plot. Babington and divers other Gentlemen engaged in this design of taking off the Queen At London he discovered this Affair to one Mr. Anthony Babington of Dethick in Derbyshire a young Gentleman greatly addicted to the Romish Religion and who had in France Commenced an Acquaintance with the Bishop of Glascow the Queen of Scots Ambassador and one Thomas Morgan an English Fugitive and a busie Agent for her Babington at first was of opinion that as long as the Queen lived an Invasion would signifie little or nothing but when he understood that Savage had undertaken to remove that
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do giâ—e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
other offences whatsoever abovesaid In the Act abovesaid as afore is said mentioned and all circumstances of the same and of every of them and thereupon according to the Tenour of the Act aforesaid to give Sentence or Judgment as upon good proof the Matter shall appear unto you And therefore we command you that you do at such certain days and places which you or the greater part of you shall for that purpose set and agree upon diligently proceed upon the premises in form aforesaid c. Mary Queen of Scots Tryed Camb. Annals f. 361. The Commissioners met at Fotheringay Castle the 11 th of October 1586. and Tryed Mary Queen of Scots the substance of the Tryal you may see in Cambdens Annals from Pag. 344 to 361. as he took the same out of the Commentaries and Memorials of Edward Barker principlal Register to the Queen Thomas Wheeler publick Notary Register of the Audience of Canturbury and other persons of Credit which were there present On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster to which place they had adjourned except the Earls of Shrewsbury and Warwick which were both of them sick at that time Sentence was pronounced which Sentence was this The Sentence By their unanimous assents and consents they do pronounce and deliver this their Sentence and Judgment at the day and place last above mentioned and say that since the conclusion of the aforesaid Session of Parliament in the Commission aforesaid specified namely since the first day of June in the 27 th Year aforesaid and before the date of the said Commission divers Marters have been compassed and imagined within this Realm of England by Anthony Babington and others with the Privity of the said Mary pretending a Title to the Crown of this Realm of England tending to the hurt death and destruction of the Royal Person of our said Lady the Queen And also that since the aforesaid first day of June in the 27 th Year aforesaid and before the date of the Commission aforesaid the aforesaid Mary pretending a Title to the Crown of this Realm of England hath compassed and imagined within this Realm of England divers Matters tending to the hurt death and destruction of the Royal Person of our Soveraign Lady the Queen contrary to the form of the Statute in the Commission aforesaid specified The Parliament 29. Eliz. Cap. 1. Rast Stat. 2. Part. f. 334. The twenty ninth of October following the Parliament met and the first Act they made was an Act for the confirmation of the Proscription of Thomas late Lord Paget Charles Paget Francis Englefeild Francis Throckmorton William Shelley Anthony Babington Thomas Salisbury Edward Jones Edward Abbington Charles Tilney Chidiock Tichbourn Robert Barnwell John Charnock and John Travers The Preamble of which Act of Parliament strengthening the Credit of the former History I have here incerted An Act of Parliament for proscribing Babington and the Rest In most humble wise beseecheth your Royal Majesty the Lords Spiritual and Temporal and all other your most Loving and Obedient Subjects the Commons of this your most High Court of Parliament Assembled That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of â—â—ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes have most falsely and Treacherously committed perpetrated and done many unnatural detestable and abominable Treasons to the most fearful peril and danger of the destruction of your most Royal Person and to the utter loss disherison and destruction of this your Highnesses Realm of England if God of his infinite goodness had not in due time revealed and given knowledge to your Highness of their Trayterous intent of and for the which said Treasons being manifestly and plainly proved the said Traytors and Offenders before named have been lawfully indicted and some of them have been and are lawfully and by due process Out-Lawed and thereby justly attainted and some other by Tryal of the Country and their own confessions and judgment thereupon given lawfully and justly convicted and attainted according to the Laws of this your Realm as by the Records of their several attainders more plainly it doth and may appear and for the which several Offences some of the same Offenders have suffered pains of Death according to their demerits And then the Parliament Confirms their attainder and confiscates their Lands and Tenements Goods and Chattels The next thing this Parliament did was by their Votes to approve The Tryal and Condemnation of Mary Queen of Scots approved and Her Execution desired by the Parliament and their Reasons for it D' Ewes Journal 392 393 395 400 401 405 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots and desired it might be published the Reasons whereof were delivered in divers Speeches made in the House of Commons upon this occasion and which are to be seen in Sir Simon D' Ewes his Journal at large They were drawn from the dangers that threatned Religion the Queens Person and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Religion and sworn a confederate in the Holy League for the extirpation of the Protestant Religion had now for a long time Arrogated unto her self the Title of Queen of England while the Queen lived whom as being excommunicate she held it lawful to do mischief to as far as lay in her Power and to take away her life a thing meritorious One who had over-thrown and ruined sundry flourishing Families in the Kingdom and cherished all the Treasonable designs and Rebellions in England to spare her therefore were nothing else but to spoil the People who would take impunity in this Case much to heart and would not think themselves discharged of their Oath of Association unless she were punished according to her deserts and lastly they called to her remembrance how fearful the examples of Gods vengeance were upon King Saul for sparing Agag and upon King Ahab for sparing the Life of Benhaddad These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen and by her answer it appears what a great straight she was in D' Ewes Journal f. 400. Queen Eliz. in a great
judgment as not to see mine own danger before mine Eyes nor so indiscreet as to sharpen a Sword to cut my own Throat nor so egregiously careless as not to provide for the safty of mine own Life This I consider with my self that many a Man would hazzard his own Life to save the Life of a Princess but I am not of their opinion these things have I many times thought upon seriously with my self But since so many have both written and spoken against me give me leave I pray you to say somewhat in mine own defence that ye may see what manner of Woman I am for whose safety and preservation you have taken such extraordinary care wherein as I do with a most thankful heart discern and read your great vigilancy so I am sure I shall never requite it had I as many lives as all you together When first I took the Scepter into my hand I was not unmindful of God the giver and therefore I began my Reign with securing his Service and the Religion I have been both born-in bred in and I trust shall dye in And though I was not ignorant how many dangers I should meet withal at home for my altering Religion and how many great Princes abroad of a contrary Profession would in that respect bear an Hostile mind towards me yet was I no whit dismayed thereat knowing that God whom alone I eyed and respected would defend both me and my Cause Hence it is that so many Treacheries and Conspiracies have been attempted against me that I might well admire to find my self alive at this present day were it not that Gods holy hand hath still protected me beyond all Expectations Next to the end I might make the better progress in the Art of Ruling well I had long and serious Consultations with my self what things were most worthy and becoming Kings to do and I found it absolutely necessary that they should be compleatly furnished with those prime Capital Vertues Justice Temperance Prudence and Magnanimity Of the two latter I will not boast my self my Sex doth not permit it they are proper to Men but for the two former and less rough I dare say and that without ostentation I never made a difference of Persons but high and low had equally right done them I never preferred any for favour whom I thought not fit and worthy I never was forward to believe Storys at the first telling nor was I so rash as to suffer my Judgement to be forestalled with prejudice before I had heard the Cause I will not say but many reports might happily be brought me too much in favour of the one side or the other for a good and wary Prince may sometimes be bought and sold whilst we cannot hear all our selves yet this I dare say boldly my Judgment as far as I could understand the Case ever went with truth And as Alcibiades advised his friend not to give any answer till he had run over the Letters of the whole Alphabet so have I never used rash and sudden resolutions in any thing And therefore as touching your Councils and Consultations I acknowledge them to have been with such care and Providence and so advantageous for the preservation of my Life and to proceed from hearts so sincere and devoted to me that I shall endeavour what lyes in my power to give you cause to think your pains not ill bestowed and strive to shew my self worthy of such Subjects And now for your Petition I desire you for the present to content your selves with an answer without answer your Judgement I condemn not neither do I mislike your reason but I must desire you to excuse those thoughtful doubts and cares which as yet perplex my Mind and so rest satisfied with the profession of my thankful esteem of your affections and the answer I have given if you take it for any answer at all if I should say I will not do what you request I might say perhaps more than I intend and if I should say I would do it I might plunge my self into as bad inconveniencies as you endeavour to perswade me from which I am confident your wisdom and discretions would not that I should if you consider the circumstances of place time and the manner and conditions of Men. In December 1586. the Parliament was prorogued saith Cambden D' Ewes Jour f. 407. Adjourned saith D' Ewes to the 15th of February and thence ajourned to the 22 of February and soon after notice was given to the Queen of Scots of her Sentence which she received joyfully and seemed to Triumph that she was taken for an instrument for introducing Popery But a Bishop and Dean of the Church of England Queen of Scots carriage to a Bishop and Dean of the Church of England Camb. Annals f. 308. being commended to her to fit her for Death she rejected them and sharply taxed the English Nation saying that the English had many times put their own Kings to death no marvel therefore if they now also shewed their cruelty upon her who was issued from the Blood of their Kings After her Sentence was published before any Warrant for her Execution People vented their several Opinions some for it some against it I shall Wave all but the then French Ambassadours Reasons on the behalf of the Queen of Scots and the Answer to those Reasons as they are related by Cambden as follows That it very much concerned the most Christian King of France and all other Kings The French Ambassadours Reasons against executing the Queen of Scots Camb. Annals f. 374. that a Queen a free and absolute Princess should not be put to death That the Queens safety would not be more endangered by the death of Queen Mary then it would be by her Life That if she were delivered out of Prison she could probably attempt nothing against the Queen being now in a sickly condition and having but a short time to live That although she had laid claim to the Crown of England she was not to be blamed for it but it was wholly to be imputed to her young and tender Years and to bad Councellors That she came at first a supplicant into England and therefore having been unjustly detained she was now at length to be either ransomed or mercifully dealt withal Moreover that an absolute Prince was not to be called in question which made Tully say So unsual a thing it is for a King to be put to death for any Crime that before this time it was never so much as heard of That if she were Innocent she were not to be punished if Guilty she was to be spared for this would turn to far greater honour and advantage and would be recorded eternally as an example of the English Clemency That the story of Porsenna in this Case was to be remembred who snatched the right hand of Mutius Scaevola out of the Fire and set him at Liberty though he had
Conspired his Death That it was a prime Rule and Precept for well Governing to be sparing of Blood that Blood cryeth for Blood That to use the extreamity of rigour towards her could not but seem a cruel and bloody Part. That the French King would do his best to repel and frustrate the Attemps of all Men whatsoever who should offer violence to the Queen and that the Guises the Queen of Scots near Kinsmen would engage themselves to do the like by Oath and Covenant under their hands who in Case she should be put to death would take it very hardly and haply not leave her unrevenged Lastly they required she might not be proceeded against according to so rigorous and extraordinary a Sentence Otherwise the French King could not but take very great displeasure thereat howsoever other Princes should hap to resent it The Answer to those Reasons To these Reasons Answer was made from Point to Point as followeth That the Queen of England trusted the most Christian King of France would have no less a regard and respect for her then he had for the Queen of Scots who had practised the destruction of an Innocent Princess her near Kinswoman and a Confederate with the French King. That it was expedient and necessary for Kings and Common-wealths that wicked attempts especially against Princes should not go unpunished That the English which acknowledged the Soveraign Authority of Queen Elizabeth only in England could not acknowledge two Supream free and absolute Princes in England at one time or account any other whomsoever equal to her in England as long as she lived Neither indeed did they see how the Queen of Scots and her Son who at present Reigneth can be reputed both at one time for Supream and Absolute Princes Whether the Queens safety would be exposed to greater danger upon her being Executed depended upon future Accidents and Contingences the Estates of England upon serious deliberations of the Matter thought otherwise there would never be occasions wanting for bad attempts especially when the Matter was now come to that pass that the one had no hope of safety unless the other were ruined and this saying they might call to Mind aut ego illam aut illa me either I must take away her Life or she will take away mine The shorter the time to come of her Life was the sooner and more eagerly would the Conspirators hasten the Queens danger That the Title which she claimed to the Crown of England she would not yet renounce and therefore she was with good reason detained in Prison and so to be detained though she came a Supplicant into England till she had renounced the same and the Crimes which she had committed since she was Prisoner she ought to suffer for whatever were the Cause of her first casting into Prison That the Queen had formerly most Graciously spared her Life when by unanimous consent of the Estates she was Condemned for a Rebellion raised about an intended Marriage between her and the Duke of Norfolk and to spare her again were but unadvised and cruel pity that no man was ignorant of that saying of the Lawyers A Man offending in anothers Territory and there found is punished in the Place of his Offence without regard of his Dignity Honour or Priviledge And that this was both justifiable by the Laws of England and by the Examples of Licinius Robert King of Scicily Bernard King of Italy Couradine Elizabeth Queen of Hungary Joan Queen of Naples and Dejotants for whom Tully pleading said it was no unjust thing that a King should be found Guilty and put to Death though it were not usual For thus the words run which I speak first touching a Kings forfeiture of Life and Estate which thing though it be not unjust especially when thy Life is in danger from him yet is it so unsual c. That she ought to be punished having been found Guilty upon a just and legal Tryal considering that what is just the same is honest and what is honest is also profitable and Expedient That the Story of Porsenna suited not with the present Case unless a Man should imagine a numerous Combinations of men to have laid wait for the Queens Life and should thereupon perswade her to let the Queen of Scots at Liberty without any hurt out of a fear of them with some regard to her own honour but none to her safety as Porsenna discharged Mutius after he had affirmed that three hundred like himself had Conspired and vowed his death Moreover Mutius attempted this against Porsenna in a just and declared War and when Mutius was let go Porsenna verily perswaded himself that all the danger was over but the Case here is quite otherwise That Blood indeed is to be spared but it must be inoncent Blood this God hath commanded True it is indeed that the voice of innocent Blood crieth for Blood and this can France both before and since the Massacre at Paris well witness and testifie That Death that is justly inflicted cannot seem Bloody as is neither Physic prapared duly and as it ought to be esteemed violent That howsoever the Guises the Queen of Scots Kinsmen might take the Matter yet it highly concerned the Queen to regard rather the safety of her self the Nobility and People of England upon whose love and affection she wholly depended then the displeasure of any whomsoever That the Matter was come to that pass that what was said of old concerning two Princes Couradine of Sicily and Charles of Anjou might now be spoken of two Queens it might now be truely said the Death of Mary is the Life of Elizabeth and the Life of Mary the Death of Elizabeth That the French King or the Guises promises could not secure the Queen and Realm much less make satisfaction for her Life if she should be made away That the French King could neither discover nor hinder secret Plots against himself at home much less was he like to hinder those against the Queen of England For Treason is plotted in secret and therefore hard to be prevented if the fact were once committed what would it avail to claim their Promises how should an incomparable Prince's death be made amends for and in so sad and woful a Confusion of all things what Remedy could be found for the languishing Common-wealth That the Obligations and Oaths of the Guises were of small value who judged it Meritorious to kill the Bishop of Rome's Adversaries and could easily procure Dispensations for their Oaths and what Englishman if Queen Elizabeth were slain and the Queen of Scots of the house of Guise advanced to the Crown durst accuse them of the Murther and if any should accuse them could they thereby make her alive again And the Ambassadors in calling this a rigorous and extraordinary Sentence have spoken rashly and unadvisedly for as much as they have neither seen Process nor Proofs and have more sharply then is fitting taxed the
Estates of the Realm of England choice Men for their Nobility Vertue Prudence and Piety Yea they have very inconsiderately uttered such Words in the French Kings Name as if they meant by threats to terrifie the Queen and the Estates of the Land. The English-men use not to be terrified by the French-mens threats from taking Courses to secure their own Tranquility when they in the mean time could direct them no proper way to avoid the instant and threatning Dangers The Answer to these Reasons not leaving the French Ambassador Room for a Reply from Words he was resolved to fall to Blows and that he might save one Queens Life enters into a Plot to take away anothers A Plot by the French Ambassador to take away the Queens Life Camb. Annal. f. 377. Stafford engaged in it but refused it and proposed one Moody who undertook it And in order to this he at first more closely tampers with one William Stafford a young Gentleman whose Mother and Brother were Servants to the Queen the former of the Queens Bed Chamber the Latter Ambassador in France and afterwards more plainly and openly by Trappy his Secretary who promised him if he would effect it not only great Glory and vast Riches but special favour with the Pope the Duke of Guise and all the Papists Stafford refused to do it himself but recommended one Moody who undertook the Matter and as to the Manner propounded to do it either by Poison or by a bag of Gunpowder of twenty pounds weight to be conveyed under her Bed and secretly fired But soon after Stafford discovered the whole Trappy was taken and Confessed the Matter the Ambassador was sent for and rebuked but he insisted that he being an Ambassador was not bound to make any Discovery to any but his Master Camb. Annal. f. 379. Bakers Chron. f. 371. The Queen privately signed a Warrant to execute the Queen of Scots and delivered the same to Davison Camb. Annal. f. 387 389 383. Bakers Chron. f. 371. Davison Acquaints the Council with it The Councel execute her before the Queen knew it Queen Elizabeth Resents it Camb. Annal. f. 388. Bakers Chron. f. 372. At this time there were divers Rumors and terrifying Reports spread over England viz. that the Spanish Fleet was already arrived at Milford Haven that the Scots were broken into England that the Duke of Guise was Landed in Sussex with a strong Army that the Queen of Scots was escaped out of Prison and had raised an Army that the Northern Parts were up in Rebellion that there was a new Conspiracy on foot to kill the Queen and set the City of London on Fire These Reports hastned on the Queens signing a Warrant for the Execution of the Queen of Scots to do which she being by her Courtiers as before she had been by the Parliament pressed both by Reasons and also by Examples did command a Warrant to be drawn up for her Execution which Command she delivered in Writing to Davison one of her Secretaries but commanded him to acquaint no Man therewith But the next Day having changed her Mind she commanded Davison by William Killigrew that the Warrant should not be drawn He came presently to the Queen and told her that it was drawn and under the Seal already whereat she was greatly moved but notwithstanding he acquainted the Council with it and they believing that the Queen commanded it should be Executed without any delay sent down and had it done on the 8 th Day of February 1586. As soon as the Report was brought to Queen Elizabeths Ears who little thought of such a thing that the Queen of Scots was put to Death she heard it with great Indignation her Countenance altered her Speech faltered and failed her and through excessive Sorrow she stood in a manner astonished insomuch as she gave her self over to passionate Grief puting her self into mourning Habit and shed abundance of Tears Her Council she sharply rebuked and commanded them out of her Sight causing them to be Examined Davison she commanded to appear and be tryed in the Star Chamber A great fine in those days Her Councel she forgave but Davison was tryed fined a thousand Pounds and imprisoned during the Queens pleasure Yorks Plot. Camb. Annal. f. 397. Foulis Hist l. 7. cap. 7. f. 356. Bakers Chron. f. 373. After the Queen of Scots was executed the first piece of Treasonable Practice of the Papists I meet with is that of York who drew Stanley to betray Deventer a strong and wealthy Place to the Spaniards contrary to Oath solemnly taken to Leicester and to satisfie his Conscience against the imputations of Treason he pretended that he had restored that place to the true Lord and Owner which had been kept from him by Rebels and being a ranck Papists he soon after sent for Papists to instruct his Regiment consisting of thirteen hundred English and Irish in the Popish Religion giving out that this should be a Seminary Regiment of Souldiers to defend the Romish Religion by their Swords as the Seminary Priests did by their Writings And for this purpose Allen who was not long after made Cardinal not only dispatcht Priests to him with all expedition but set forth a Book also wherein according to Pius Quintus his Bull against Queen Elizabeth he both commended the Treason and excited others to the like perfidiousness as if they were neither bound to serve nor obey an Excommunicate Queen And now let us see what the Parliament are doing after the Death of the Queen of Scots That great Root of Rebellion and Treason even in their opinion At the meeting of the Parliament 22 d. of February to which the same was adjourned the Queen acquainted them by Sr. Christopher Hatton that the Nation was in great danger and what the danger was you will find laid down in an excellent Speech The Parliament met 22d Feb. 28 29. Eliz. made in the House of Commons by the said Sr. Christopher Hatton which I have here inserted that you may see that tho' the Queen of Scots was dead yet the Papists were not but as active against the Queen and the Protestant Religion as ever The Speech take as it is set down in Sr. Simon D' Ewes his journal which is as followeth That it was Her Majesties pleasure to have dangers disclosed and to have the House know that she thanked God for the Goodness of the House Sr. Christopher Hattons Speech D'Ewes journal f. 408. that she wished the Session mistaken for Meeting to be short that Men of Government might go home for matter of Government Hospitality and Defence and to take another time for making of Laws saving such as be now of necessity The dangers which Her Majesty meaneth proceed of ancient Malice and are to be prepared for and God called for Aid The Principal Heads of the Dangers The Catholics abroad the Pope the King of Spain the Princes of the League the Papists
at home and their Ministers The Principal Root hereof The Councel of Trent which agreed to extirpate Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn Manner Pope Pius Quintus sent his Excommunication against Her Majesty Dr. Mourton and Mendoza a Spanish Ambassador bestirred them a Northren Rebellion was bred the Pope and the rest Practiced for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the thirteenth proceeds and sends Jesuites and Seminaries to England and Ireland and they proceed to inveagle the the Subjects and disswade them from obedience Viska beginneth a Rebellion in Ireland James Fitz Morris furthereth the Execution thereof Doctor Saunders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill Her Majesty and perswaded it was Meritorious Pope Sixtus the fifth imitateth the other Popes to execute their former Devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice Chamberlain honourably termed the glorious Gospel and therefore moved them to joyn with the Princes of the League and to practice to win the King of Scots and to set up the Scottish Queen in England and make his reckoning of the Cantons that were Popish the Switzers the Duke of Savoy they Duke of Ferara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will joyn to overthrow England and make known the effect of his Labour to the Pope Invasion should have been made into England and Ireland the last year and not like to be unattempted this year The Pope Excommunicateth the King of Navar the Pope accounteth not of Popish Preaching and perswasions that way But nevertheless moveth all to use the Word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuites Seminaries and divers other Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of Heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers Credit by using our Treasure and Force to get St. Quintines but he soon made his advantage of it and regarded not our Territories in France But suffered the loss of Calice and all our Territories and after the Death of Queen Mary what he could Her Majesty sought for his Good-will sending the Lord Mountague the Lord Cobham Sr. Thomas Chamberlain Knight Mr. Maun and others and they were but hardly used some of them were offered great indignity and Mr. Mauns Son forced by strength to do a kind of Pennance He comforted the Queens Enemies he giveth Colour of Wars he Chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with the countenancing Mounsieur with many at Cambray with sending her Nobility with him into the Low Countries with the Actions of Sr. Francis Drake with assistance of the Low Countries Of the purpose of the Combined Princes Their shew is to deal with the King of Navar to extirpate him but their drift is to ruinate Religion not only there but to set upon and to work the ruin of it here also Wherein the King of Spain and Guise are now very busie Their Malice is the more for the executing the Scottish Queenâ— But their hope is the less The King of Spain his Designments are to invade England and Ireland His Preparations Three hundred sixty Sail of Spain Eighty Gallies from Venice and Genoua one Galliass with six hundred armed Men from the Duke of Florence Twelve thousand Men maintained by Italy and the Pope Six thousand by the Spanish Clergy twelve thousand by his Nobility and Gentlemen of Spain It is reported that ten thousand of these be Horsemen I think it not all true but something there is We must look to the Papists at home and abroad It hath touched us in the Blood of the Nobility and the Blood of many Subjects They practice to frame Subjects against all Duty and bring in Doctrine of Lawfulness and Merit to kill the Queen and have sent their Instruments abroad to that purpose Notwithstanding things stood thus yet the Parliament having made so many Laws thought convenient to make but one Law this Session against the Papists which was not made Provisory of any new Remedy against them but to enforce the Execution only of a former Law. It is entitled An Act for the more speedy and due Execution of certain Branches of the Stat. 23. Eliz. intitled An Act to retain the Queens Majesties Subjects in their due obedience 29. Eliz. cap. 6 Rast Stat. 2. Part. f. 338. An Act to enforce the Execution of 23. Eliz. By which Act For the avoiding all Frauds and Delays in hinderance of the Execution of the said Act it is provided that certain assurances made by Papists shall be void against the Queen That the Conviction shall be at the Kings Bench or at the Assizes or general Goal Delivery and certified into the Exchequer The twenty pounds a month for not going to Church is to be paid into the Exchequer every Easter and Michaelmas Term In default of Payment the Queen may take all the Goods and two parts of the Lands and Leases of the Offenders The indictment sufficient tho it mentions not the Parties being within the Realm Vpon Proclamation made if the party renders not his Body he stands Convicted no forfeiture if the party submits or dies Assurances made bona fide not to be impeached nor Lands for Life or in the Wives right after the Offendors Death Thus did the Plots and Conspiracies of the Papists from time to time force the State to make either New Laws against them or else Laws for the more effectual executing the old for the truth of the Plots and Conspiracies before mentioned I shall here insert the very words of the Secular Priests in their important Considerations as hereunto followeth The Secular Priests Confession of the Plots before-mentioned Collect. f. 45. Babingtons Plot. We might add the notable Treasons of Mr. Anthony Babington and his Complices in the Year 1586. Which were so apparent as we were greatly abashed at the shameless Boldness of a young Jesuit who to excuse the said Traitors and qualifie their offences presumed in a kind of supplication to Her Majesty to ascribe the Plotting of all that mischief to Mr. Secretary Walfingham the Treachery also of Sr. William Stanley the year following 1587. in falsifying his Faith to Her Majesty and in betraying the trust Committed unto him by the Earl of Leicester who had given him the honourable Title of Knighthood as it was greatly prejudicial to us that were Catholicks at home Stanley's Treason so was the defence of that Disloyalty made by a
Manuel Andrada a Portugal Lopez his Confession an Agitator under Don Bernardino Mendoza the Spanish Ambassador in France 2. That the said Andrada brought him from Christophero de Mora a Portuguese but a great favorite of King Philips and an especial instrument for reducing Portugal under the Spanish Crown a Rich Jewel an encouragement from Philip himself 3. That he was informed of the King of Spains hopes of him not only by Andrada but by Roderique Marques a Portuguese also but employed by the Spaniard on such wicked designs 4. That he the said Lopez did assent to these wicked Councels 5. That he did secretly advertise the Spaniards divers times of such affairs of the Queens as he could learn. 6. That he did also assent to take away the Queens Life by Poyson upon a reward promised him of 50000 Crowns 7. That he sent Andrada to confer with Count Fuentez about it 8. That he directed Stephano Ferreira de Gama to write Letters to Stephano Iberra that he would undertake as he had promised to destroy the Queen by Poyson provided that he might have the said 50000 Crowns 9. That he sent these Letters by one Gomez Davilla a Portugal that the reason why the Murther was not Executed according to promise was because he perceived the delivery of the 50000 Crowns defer'd tho promised him from day to day That to take away this delay of the Execution Count Fuentez by the King of Spains Order did sign and deliver Bills of Exchange for the said Mony. A Nunnery founded with the very Mony that was given to Poyson Queen Eliz. Tho Robinsons Anatomy of the Nunnery of Lisborn p. 9. * This Mony or part of it for security to Lopez was delivered to the Custody of the English Nuns then at Roan in France which Money the Plot failing and Lopez Executed was given to the said Nuns who carried it with them to Lisbon in Portugal where they settled themselves in a Nunnery as appears by their Register Book These Plots and Conspiracies against the Queens Person and for the Extirpating Heresie as they called the Protestant Religion moved the Queen to call a Parliament which she did in the thirty fifth Year of her Reign A Parliament called to secure the Queens Person and the Protestant Religion against the Plots and Conspiracies of the Papists and recommended the preservation of her Person and the Protestant Religion to them that they would put her into a posture of defending her self and these Kingdoms against any further attempts that might be made by the Pope the Spaniard or any other which was done by giving her large supplies and making an additional Act to the many that had been before made against the Papists which is Intituled an Act for restraining of Popish recusants to some certain places of abode The preamble runs thus For the better discovering and avoiding all Traiterous and most dangerous conspiracies and attempts as are daily devised and practised against our most Gracious Soveraign Lady the Queens Majesty 35. Eliz. c. 2. Rast Stat. part 2. f. 399. Papists not to remove above 5 miles from the place of their abode and the happy State of this Common-weal by sundry wicked and seditious Persons who terming themselves Catholics and being indeed Spies and Intelligencers not only for her Majesties Foreign Enemies but also for Rebellious and Trayterous Subjects Born within her Highnesses Realms and Dominions and hiding their most detestable and divelish purposes under a false pretext of Religion and Conscience do secretly wander and shift from place to place within this Realm to corrupt and seduce her Majesties Subjects and to stir them to Sedition and Rebellion Then it is enacted that every Papist Convict dwelling or having a place of abode should repair to such his dwelling house or place of abode and not remove above five miles from thence upon the penalty of forfeiting his Goods and Chattels absolutely and his Lands Tenements and Hereditaments and his Annuities during his Life and they that have none are to repair to the places where they were Born or where their Father or Mother should be living upon the same penalty Popish Coppy-holders convict to forfeit their Coppy-hold to the Lord if he be not a Papist if he be a Papist then to the Queen Papists shall notifie their coming within Twenty days after their coming and present themselves and deliver their true Names in writing to the Minister or Curate and Constable c. which is to be certified to the Sessions and Inrolled there All Persons not being Feme Covert and not having Free hold Lands of twenty Marks per annum above all charges or Goods and Chattels above the vallue of Forty Pounds If they do not obey this Act by repairing to their places of abode c. shall abjure the Realm and the abjuration shall be entred on Record and certified Refusing to abjure or after abjuration not going away within the time appointed is made Felony A Jesuit Seminary or Massing Priest refusing to Answer directly whether he be so or no shall be imprisoned till he do make Answer There is a saving in the Act to Persons Licensed or Commanded by the Kings Process or bound to yield their Persons to the Sheriff Vpon open submission the offendor is to be discharged the submission to be entred into a Book by the Minister he that relapseth shall be in the same condition he was before such submission Married Women are bound by this Act save in the Case of abjuration Cullens Treason Foulis Hist l. 7. c. 7. f. 356. At the same time that Lopez was dealing withal about the Queens Murther the Papists to make more sure persuaded one Patrick Cullen an Irishman and a Fencer to commit the same Villany against her Royal Person In this Treason Stanley was very active who with Sherwood and Holt two Jesuits confirmed him in the lawfulness of the action giving him thirty Pounds towards his Journey into England being then in the Low-Countries but he was taken confessed all and is Executed York and Williams Conspiracy to kill the Queen Fouils Hist l. 7. c. 7. f. 356. Camb. Annals f. 495. Bakers Chron. 382. Their Confession The English fugitives beyond Seas persuaded one Edmund York and one Richard Williams with others to kill the Queen And this wicked Treason was agitated the same time that Lopez and Cullen were consulting about theirs But these Traytors were also seized on and suffer'd The truth of which Conspiracy appears from their own confession which take as followeth 1. They confessed that for an encouragement Hugh Owen a noted Traytor at Bruxells had an assignation subscribed by Ibara the Spanish Secretary of 40000 Crowns to be given them if they would kill the Queen 2. That the said assignation was delivered to Holt the Jesuit who shewed also the same to York and produced the Sacrament and kissed it swearing that he would pay the said Monies when the Murther
People had possest our Souls in meekness and humility honoured Her Majesty born with the infirmity of the State suffered all things and dealt as true Catholic Priests If all of us we say had thus done most assuredly the State would have loved us or at least born with us where there is one Catholic there would have been ten There had been no Speeches amongst us of Racks and Tortures nor any cause to have used them for none were ever vexed that way simply for that he was either Priest or Catholic but because they were suspected to have had their hands in some of the said most Traiterous designments None of Her Majesties Enemies durst so really have attempted her State and Kingdom we had been in better friendship with those that seek now most to oppose themselves against us and to all Men as we are persuaded Bonus odor Christi odor vitae ad vitam Whereas by following the said new violent Spirits quasi turbae impellentes parietem we are become odor Mortis ad mortem non solum iis qui pereunt sed etiam iis qui salvi fiunt And therefore let us all turn over the Leaf and take another course then hitherto we have done CHAP. VIII K. Ja. I. AND now a Man might reasonably suppose that after the first Plottings of the Papists with the Guises the French King and the Pope on behalf and by the instigation of the Queen of Scots after Harding Saunders and S. P. busily exercising their Episcopal Power in England in 1568 after Ridolph's exciting Queen Elizabeth's Subjects to Rebellion sent hither by Pope Pius Quintus for that purpose after the Rebellion in the North fomented by Morton sent hither by the same Pope to that end headed by the Earls of Northumberland and Westmorland who were incouraged thereto by a Letter from the same Pope After Dacres his Rebellion in Cumberland after the Earl of Ormonds Brethren the Boâ—telers Rebellion in Ireland after Pope Pius Quintus his Bull declaring the Queen Excommunicate and her Subjects absolved from their Allegiance after the Earl of Twomonds Rebellion in Ireland after Storys Treason â—ir Edward Coke Attorny General to King James â—e First in oâ—ening the fact â—f the Gun-Powder-Plot at â—he Tryal of â—arnet the Jeâ—ite mentions â—â—ese Treasons â—nd Conspiraâ—es The Relaâ—tion of the â—ryal was Prinâ—â—d Anno â—606 which â—eing taken neâ—ce of whilst â—hings were â—resh in memoâ—y gives the â—reatest confirâ—ation to the â—ruth of them after the Spaniards the Pope and the Guises contrivances to kill the Queen and set up Mary Queen of Scots and introduce Popery after I say these things had occasioned the making the 13 Eliz. cap. 12 And after Stukelys Plot to invade Ireland and England at once After Fitz Morris his Rebellion in Ireland carried on after his Death by Desmond after another conspiracy in Ireland for the destruction of the Protestant Relligion after the erecting Seminarys abroad for the educating and bringing up Priests to be sent hither to alienate the Hearts of the Subject from their Soveraign and the Actual sending of Campian Parsons and others into England for that purpose who were detected in their attempts to compass such their wicked designs and Executed for Treason after I say these things had raised a greater jealousy of the Papists in the State and caused them to make the 23 El. cap. 1. And after Somervills Conspiracy to kill the Queen after Francis Throgmortons Conspiracy to depose the Queen by Foreign Force after a further design of the Pope the Spaniard and the Guises for invading England in order to destroy the Protestant Religion after Parry's Treason all which Conspiracies and Treasons extorted from the State the 27 Eliz. cap. 1. and 2. after Gilford Savage Babington and others design to kill the Queen and set up Mary Queen of Scots who was at the Bottom of this design her self and promised to reward the Actors in it for which she was Tryed Condemned and Executed after Staffords Conspiracy and Yorks Plot which Treasons occasioned the making the 29 Eliz. cap. 6. and after the Pope and the Spaniards design in 1588. to invade England and thereby destroy the Protestant Religion with its defender by a Force by them called the Invincible Armada and this begun and carryed on by English Priests and Lay-Papists after Heskets Plot to depose the Queen and set up the Lord Strange After Cullens Conspiracy to murther the Queen after Lopez his Conspiracy to poison the Queen for which the Spaniard was to pay 50000 Crowns which Treasons did as it were compel the State to make the 35 Eliz. cap. 2. for confining Papists with in five Miles of their dwelling I say after all these Plots Conspiracies Treasons and open Rebellions invented begun and carryed on by the Papists and all with so little Success and after their own Confession of the whole to be true and their own advice to turn over a new Leaf a man might reasonably suppose that they should have ceased any further Attempts by Treason Rebellion Plot or Conspiracy to introduce the Popish Religion into England But such is the inveterate Malice and implacable Hatred of the Pope and all that are of the Communion of the Church of Rome if I may call it a Church that even before the peaceable James the First of England and the Sixth of Scotland was placed upon the Throne by the unanimous consent of all the Protestant Subjects of England as appears by the Act of Recognition made in the first year of his Reign there were several Plots for the taking away his Life and in one Plot even Watson and Clark two secular Priests of the Romish Church the former whereof joyned with Bluet the Secular Priest in writing the Impotâ—nt considerations before mentioned wherein they acknowledge all the Plots Conspiracies Treasons and Rebellions before mentioned to have been committed by Papists but insinuate it to be done by the instigation of the Jesuits are found in a Plot against the said King James and Executed for it but before I mention any thing of that Plot I shall give a short Account of what designs were on foot against the said King James his Life before his accession to the Crown Queen Elizabeth being old and weak and as they thought The Papists plot against James the First before his coming to the Crown could not live long the Papists thought it needless to make any more attempts against her person least her death should anticipate their quickest Designs But she and the Kingdom having their Eye upon the said King James being a Protestant to succeed her their main drift was to prevent him if possible from succeeding Queen Elizabeth In order to this in the Year 1601. there was one Francis Mowbray Mowbray's Plot against King James the First Fowlis Hist. li. 10. cap. 1. f. 498. Son to the Laird Barnbowegal who had lived some while in the Infanta's Court at Brussels he they say
undertook to take this rub out of the way by killing the King to which purpose he went for Scotland but took England in his way At London one Daniel an Italian Fencing Master discovers the Plot to the Queen she seized them and sent them into Scotland Mowbray supposed Guilty is cast into Edenburgh Castle whence thinking one Night to escape out of a Window by his Bed sheets they proved too short and he fell upon the Rocks and so dyed his Body was hanged for sometime then quartered 1601. and set upon the Gates and several places of the City This Design failing another is in hand in Italy A design to poyson King James the First Ferdinando I. the Grand Duke of Tuscany by the intercepting some Letters discovereth a Plot to poyson the said King James The Duke by what reasons induced is not material but 't is conjectured in hopes to convert him rather pervert him to the Romish Religion resolved to discover and prevent it At this time one Mr. Henry Wotton sojourned in Florence 1602. and was well acquainted with Seigniour Vietta the Dukes Secretary upon whose Commendations Wotton is pitched on to be the Messenger The Letters and excellent Antidotes against Poyson such as were not then known in Scotland were delivered to him who disguised under an Italian Garb and Name of Octavio Baldi hasteth into Scotland cometh to the King discovereth himself and the Conspiracy and after some stay returneth to Florence he was afterwards Knighted by King James As the Popes are never without Designs for promoting some of their Nephews The Pope designs to exclude King James the First so Clement the VIII the then Pope in these Designs against the said King James his succeeding Queen Elizabeth was not wanting intending the Crown of England for some of his friends and perceiving that some in England English Papists to be sure were tampering to promote the Interest of the Lady Arabella in this case he thought it best to deal warily he was very desirous that the Duke of Parma should wear the Crown of England but finding that this was not feasible by reason Arabella's Interest was too strong for him he steers another course and thinks of Cardinal Farnese who being unmarried might take to Wife Arabella and so unite Forces and Interests to carry the Crown To carry on this design it was advised that all the Romanists in England should unite that their Cause might not suffer by any dissentions about this Succession amongst themselves a good Caution may hence be given to all Protestants in England that they do not divide upon their present Majesty's King William and Queen Mary's accession to the Crown who under God are the preservers of the Protestant Religion amongst us for vis unita fortior and nothing but division can hurt us to promote this union the Romish Clergy who then had and still have a great awe and authority over the Layety were exhorted by the Pope to be all of a Mind as to this Succession and to press it home upon the Layety that so the Layety might not be divided To which purpose it was concluded that there should be an Arch Priest who should have a Jurisdiction over the rest who are to â—it according to his Rules and Directions and in these designs Father Parsons who was not yet advanc'd according to his merit was a main stickler and contriver the Pope also had drawn up some Bulls and sent to his Nuncio in the Netherlands to Divulge and spread them abroad at convenient times wherein he declared that not any though never so near in blood should after Queen Elizabeths death be admitted to the Crown but such an one as would not only tollerate the Roman Religion but would swear to promote and resettle it and that in the mean time Cardinal Farnese might in this Island have the greatest vogue the Pope made him Protector of England as Pope Pius V. had before made Mary Queen of Scots Queen of England to carry on the same design as he was of other Countrys Nay rather then fail the same Pope had formerly exhorted the French and Spaniards to unite invade England and divide it between them nor did they neglect to instigate the Family of the Pools to have a Right Divers other Attempts were made by Winton Desmond and other Priests and Jesuits to exclude King James the First but all proved abortive as did the Treasons plotted against him after his Accessions to the Throne Queen Elizabeth's death Camb Annals f. 651. Bakers Chron. f. 403. On the 24th of March 1603. the Virgin Queen Elizabeth of every Glorious Memory exchanged her corruptible for an incorruptible Crown after she had Reigned Forty four Years and Four Months and in the Seventieth Year of her Age of whom her Successor gave this Character that she was one who in wisdom and felicity of Government surpassed all the Princes since the days of Augustus King James the First Proclaimed Camb. Annals f. 661. Bakers Chron. f. 403. A Conspiracy against him She being dead some few hours after King James was Proclaimed King of England the First of Scotland the Sixth and no sooner is he set upon his Throne even before he could well get the Crown upon his Head but we find a Plot laid against his Life for though the Papists could not keep him from the Throne they were resolved if possible that he should not sit long there This Plot I must confess is prima facie of a strange Complection but when 't is well viewed if we look upon the Majority of the Persons concerned we shall find them to be Romish Priests and Lay Papists and therefore if a thing may take its denomination from the greater part this may sure and we may safely call it a Popish Conspiracy for although some Protestants were inveigled into it Yet they were the smaller number and at that time under a discontent (a) Bakers Chron. f. 404. VVilsons History of Great Brittain f 4. which oftentimes carries Men beyond the Principles of their Religion and to do things contrary to the Rules of right Reason Whither their discontent was well grounded or not is not my purpose to enquire but taking it for granted they were Male-contents I shall now give an account of who were Actors in this Design and what the Design it self was The Names of the Conspirators Fowlis Hist li. 10. cap. 1. f. 499. VVilsons Hist. f. 4. Bakers Chron. f. 404. The main Actors in this Conspiracy were William Watson and Clark who had both writ against the Jesuits for their Treasons and Conspiracies Sir Griffin Markham Count Aremberg Ambassador from the Arch Duke of Austria Mathew de Lawrency a Merchant but an Instrument employed by Aremberg all zealous Papists Sir Edward Parham a Papist Bartholomew Roskesby and Anthony Coply Papists Henry Brook Lord Cobham and George Brook his Brother who seemed to be Protestants Thomas Lord Grey of Wilton a Protestant
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
provide and furnish the Horses and partly in Pensions to be employed upon some such as were to be prepared for that Service all which the said Thomas VVinter did relate to the said King of Spain who the said Kingdoms of England and Spain then standing in Hostility took that Offer in very good part saying that he would respect and account of the Catholicks of England meaning the Papists as of his own Castilians and thereupon agreed that he would make Invasion and set foot in England about the Spring then next following and would by way of Exchange send over unto the Papists of England one hundred thousand Crowns to be paid at two several Days agreed upon all which particulars are extant in the Confession of some of the chief Offenders at which time sundry Papists of England did extraordinarily furnish themselves by the traiterous and wicked Perswasions and Means of sundry Iesuits both with Horse and Armour But before these things could be effected Almighty God called the said late Queen to his mercy Immediately after whose decease that is to say in the same Month of March wherein she departed out of this World Christopher Wright late of London Gentleman was imployed by the said Robert Catesby Francis Tresham Henry Garnet and others into Spain to Negotiate with the said King of Spain by the means of the said Creswel the Iesuit and others to proceed in that Invasion which the said Thomas Winter had before Negotiated with him And afterwards on the two and Twentyeth day of June in the first Year of your Majesties Reign over this Realm of England Sir William Stanley Kt. Hugh Owen Esq William Baldwin Iesuit and others did by and with the Traiterous procurement and consent of the Offendors aforesaid from and out of Handers in the parts beyond the Seas under the Government of the Arch-Duke Traiterously employ and send Guy Fauks sate of London Genelman unto the said King of Spain to Negotiate with him on the behalf of the said Papists of England for Invasion to be had against this Realm of England to the same effect as was committed to the said Christopher Wright as is aforesaid And the said Guy Fauks and Christopher Wright though they had all the furtherance of the said Creswel the Iesuit that he could give yet finding no such entertainment with the said King who as by the sequel appeareth grew into detestation with the said Propositions and Negotiations as they expected or desired But being wholly disappointed of all their hopes concerning that Matter the said Robert Catesby and divers other Persons within this Realm did send over the said Thomas Winter into the said Country of Flanders to procure the said Guy Fauks a Natural Born Subject of this Realm and yet a most Traiterous desperate and cloudy minded Person then serving as a Souldier in the Low-Countries to come over into this Realm and by and with the Traiterous conspiracy and consent of the said Henry Garnet Oswald Tesmond John Garrard and other Iesuits and Thomas Pearcy late of London Esq John Wright late of London Gent. the said Christopher Wright Francis Tresham Robert Winter late of Huddington aforesaid Esq John Grant late of Norbrook in the County of Warwick Esq Ambrose Rookwood late of Staningfeild in the County of Suffolk Esq Everard Digby late of Gorehurst in the County of Buckingham Kt. Robert Keys late of London Gentlman and Thomas Bates late of London Yeoman to undertake the Execution of the most wicked Barbarous execrable and abominable Treason that ever could enter into the Heart of the most wicked Man by blowing up with Gun-Powder the House of Parliament at such time as your most excellent Majesty and your dearest Consort the Queen and the most Noble Prince Henry together with the Lords Spiritual and Temporal the Iudges of the Realm and the Knights Citizens and Burgesses of Parliament should be in said Parliament-House Assembled for which most Traiterous and Barbarous purpose there were secretly laid in a Vault or Cellar under the Parliament-House Thirty six Barrels of Gun-Powder or thereabouts to the utter overthrow and subversion of the whole State of this flourishing and renouned Kingdom If God of his infinite Mercy had not most Miraculously by your Majesties blessed direction Discovered the same in finding out the said Barrels of Gun-Powder in the said Vault or Cellar but few hours before the time appointed for the Execution thereof All which most Heinous Horrid and Damnable Treasons are most manifest and apparent by the voluntary confession and acknowledgments of the Offenders themselves Of which most Barbarous Bloody and detestable Treason for Conspiring and preparing to blow up the Parliament-House with Gun-Powder The said Robert Winter Thomas Winter Guy Fauks Robert Keyes Ambrose Rookwood John Graunt and Thomas Bates have been lately indicted and during this present Sessions of Parliament Arraigned convicted by Verdict and thereupon attainted And the said Sir Everard Digby Kt. hath likewise been indicted and during this present Sessions of Parliament Convicted and Attainted by his own confession of Record upon his Arraignment according to the Laws of this your Majesties Realm as by the Records of their several Indictments and Attainders it doth and may more plainly appear and for the which Offences the said Sir Everard Digby Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes and Thomas Bates have suffered pains of Death according to their demerits And the said Robert Catesby Thomas Piercy John Wright and Cristopher Wright were Slain in open Rebellion by them and others the said most wicked Traytors moved and stirred within divers Parts and Counties of this Realm shortly after the Discovery of their most detestable and Damnable Treason in Conspiring and preparing to blow up the said Parliament-House as aforesaid and the said Hugh Owen doth of purpose and for fear of condign punishment according to his demerit reside and kéep himself beyond the Seas by means whereof he cannot in respect of such his voluntary absence be Arraigned and publickly by due Tryal of Law upon apparent Testimony and proof against him be proceeded with for such his hainous and abominable Treasons and the said Francis Tresham being one of the said most detestable Traitors and being apprehended and imprisoned in the Tower of London having by sundry his Examinations confest himself a principal Traytor in all the said most abominable Treasons Dyed in the Tower during the time of his said imprisonment and before he could be Indicted of the said Treasons They therefore desired that the King of his blessed care and disposition to and for the continuance of Gods true Religion and Service and for that preservation and safety of his Person the Queen the Prince and the rest of the Royal Progeny and for the intire Love and Affection that his Majesty had always thentâ—fore born and did then bear to the Common-wealth and safety of this Realm of England to the end that all others might then
after fear to enter into any cogitation to attempt the like Barbarous and detestable Treasons that the Convictions and Attainder of the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby might be confirmed which was confirmed by Authority of Parliament accordingly and then it was Enacted that as well the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby as also the said Robert Catesby Thomas Piercy John Wright Hugh Owen and Francis Tresham should be attainted of High Treason and forfeit as in Cases of High Treason according to their several and respective Convictions and Attainders When the Parliament had thus first acknowledged Gods goodness in this deliverance and made the said Act of Attainder The consideration of the Treachery and Villany of this Gun-Powder-Plot undertaken under the pretence of maintaining and restoreing Popery engaged the State to consult the preservation of the Government and the Protestant Religion and considering the furious Zeal and wicked Principles of the Papists in affirming the lawfulness of deposing and killing all Heretical Kings and such they esteem all Protestant Kings to be that the Pope had Power to deprive Temporal Princes absolve Subjects from their Obedience and such-like Villanous Positions with the many wicked Practices against the Crown and Life of Queen Elizabeth and King James Upon these and such like considerations after several serious deliberations and consultations in Parliament to prevent the like mischiefs they thought fit to draw up a solemn Oath whereby every one should Abjure such Treasonable Doctrines and Swear for the future to behave themselves as became good Subjects which Oath was this The Oath of Allegiance Anno Tertio Jacobi primi Foulis Hist. l. 10. c. 2. f. 522. I A. B. Do truly and sincerely acknowledge profess Testifie and Declare in my Conscience before God and the World that our Soveraign Lord King is Lawful and is Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King. Or to dispose any of his Majesties Kingdoms or Dominions Or to Authorize any Forreign Prince to Invade or annoy him or his Countries Or to discharge any of his Subjects of their Allegiance and Obedience to His Majesty Or to give License or leave to any of them to bear Arms raise troubles c. Or to offer any Violence or Hurt to his Majesties Royal Person or Government or to any of his Majesties Subjects within his Majesties Dominions As also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bare Faith and true Allegiance unto his Majesty his Heirs and Successors And him and them will defend to the utmost of my Power against all Conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by Reason or Colour of any such Sentence or Declaration or otherwise And will do my best endeavour to disclose and make known unto His Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further Swear that I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrine and Position that Princes which be Excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope or any Person whatsoever hath Power to Absolve me of this Oath or any part thereof Which I acknowledge by good and full Authority to be Lawfully Ministred unto me And do Renounce all Pardons and Dispensations to the Contrary And all these things I do plainly and sincerely acknowledge and Swear according to the express Words by me spoken according to the plain and common sence and understanding of the same words without any Equivocation or Mental Evasion or Secret Reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God. A. B. Unto which Oath so taken the said Person shall subscribe His or Her Name or Mark. The Papists lookt upon the (a) Cecil Earl of Salisbury principal Secretary of State to be the chief promoter of the Oath of Allegiance and therefore used all their endeavours to deter him from Prosecuting it thinking that if they could take him off these Parliamentary transactions would fall to the ground they therefore sent the following Letter to him viz. My Lord VVHereas the late unapproveable and must wicked design The Papists threatning Letter to the Earl of Salibury Foulis Hist l. 10. c. 3. f. 521. for destroying of his Majesty the Prince and Nobility with many other of worth and quality attempted through the undertaking Spirits of some more fiery and turbulent then Zealous and dispassionate Catholics hath made the general State of our Catholic Cause so scandalous in the Eye of such whose corrupted Judgments are not able to fan away and sever the fault of the Professor from the profession its self as that who now is found to be of that Religion is persuaded at least in mind to allow tho God knoweth as much abhoring as any Puritan whatsoever the said former most inhumane and Barbarous project And whereas some of His Majesties Councel but especially your Lordship as being known to be as the Philosopher termeth it a Primus Motor in such uncharitable proceedings are determined as it is feared by taking advantage of so foul a scandal to root out all the Memory of Catholic Religion either by suddain Banishment Massacre Imprisonment or some such unsupportable vexations and pressures and perhaps by decreeing in this next Parliament some more cruel and horrible Laws against Catholics then already are made In regard of the premises there are some good Men Good men and Roman Catholics who through their earnest desire for the continuing the Catholic Religion and for saving many Souls both of this present and of all future posterity are resolved to prevent so great a mischief tho with a full assurance aforehand of the loss of their dearest Lives You are therefore hereby to be admonished May Murther Privy Councillors that at this present there are Five who have severally undertaken your Death and have vowed the performance thereof by taking already the Blessed Sacrament if you
to the King not to the use of the King Conditioned not to be reconciled to Rome nor to enter into any Plot against the King or Government But after Knowledge thereof to Reveal the same the Bond to be taken and the Ooth Administred by the Customer and Controuler of every Port Haven or Créek or one of them Which Bond and Oath are to be certifyed into the Exchequer once a Year upon Penalty of five pounds for every Bond and twenty pounds for every Oath not certifyed Treason in Reconciler and Reconciled to the Church of Rome All Persons reconciling and reconciled to the See of Rome are Traytors Every Person that Maintains Retains Relieves Kéeps or Harbours in his or their House any Servant Sojourner or Stranger that absents from Church for a Month forfeits ten pounds the same Forfeiture for Retaining or Keeping in his her or their Service Fee or Livery any such Person or Persons Father Mother Wards and Persons Committed by Authority are excepted Sheriffs and other Officers may break open Doors to Apprehend Papists Excommunicate No Forfeiture for the Wives Offence The Lords of the Privy Councel or any six of them whereof the Lord Chancellor Lord Treasurer or the principal Secretary to be one are impowred to Administer the said Oaths before mentioned to any Noble Man or Noble Woman above the Age of Eighteen Years refusing to take them they incur a Premunire In the Cinque Ports the Lord Warden of the Cinque Ports are to take the said Bond and Oaths What cause there was for the compiling this Oath and imposing it upon the Papists King James himself tells us in his Apology for the Oath of Allegiance take it in his own words But now having sacrificed if I may say so to the Manes of my late Predecessor Queen Elizabeth whose Government and Moderation he vindicates I may next with St. Paul justly vindicate my own fame from those innumerable calumnies spread against me This King declares his favourableness towards the Papists and their ingratitude to him Apol. p. 18 19 20. in testifying the truth of my behaviour towards the Papists wherein I may truly affirm that whatsoever was her just and merciful Government over the Papists in her time my Government over them since hath so far exceeded hers in mercy and clemency as not only the Papists themselves grew to that height of pride in confidence of my mildness as they did directly expect and assuredly promise to themselves Liberty of Conscience and equality with other of my Subjects in all things but even a number of the best and faithfullest of my said Subjects were cast in great fear and amazement of my Course and Proceedings ever Prognosticating and justly suspecting that sowr Fruit to come of it which shewed it self clearly in the Powder-Treason How many did I honour with Knighthood of known and open Recusants how indifferently did I give audience and access to both sides bestowing equally all Favours and Honours on both Professions How free and continual access had all ranks and degrees of Papists in my Court and Company and above all how frankly and freely did I free Recusants of their ordinary payments Besides it is evident what strait order was given out of my mouth to the Judge to spare Execution of all Priests notwithstanding their Conviction joyning thereunto a Gracious Proclamation whereby all Priests that were at Liberty and not taken might go out of the Country by such a day my general Pardon having been extended to all Priests in Prison whereupon they were set at Liberty as good Subjects and all convicted Priests that were taken after sent over and set at Liberty there But Time and Paper will fail me to make ebnumeration of the benefits and favours that I bestowed in general and particular upon Papists in recounting whereof every scrape of my Pen would serve but for a blot of the Popes ingratitude and injustice in meeting me with so hard a measure for the same Yet notwithstanding all this Mildness and Clemency exercised towards them by the King he himself in his Monotory Preface to all Christian Monarchs tells us That Monotory Preface p. 6 7 8 9. The never-enough wondred at and abhorred Powder-Treason though the Repetition thereof grieveth I know the gentle hearted Jesuite * The same Parsons that I have before taken notice of and who had the good luck all this while to scape the Gollows Parsons This Treason I say being not only intended against me and my posterity but even against the whole House of Parliament plotted only by Papists and they only led thereto by a preposterous zeal for the advancement of their Religion some of them continuing so obstinate that even at their death they would not acknowledg their fault but in their last words immediately before the expiring of their breath refused to condemn themselves and crave pardon for their deed except the Romish Church should first condemn it And soon after it being discovered that a great number of my Popish Subjects of all Ranks and Sexes both Men and Women as well within as without the Country had a confused Notion and an obscure knowledge that some great thing was to be done in that Parliament for the weal of the Church altho for secrecys cause they were not acquainted with the particulars certain Forms of Prayer having likewise been set down and used for the good success of the great Errand Adding hereunto that divers times and from divers Priests the Arch Traytors themselves received the Sacrament for confirmation of their heart and observation of Secresie Some of the principal Jesuites likewise being found Guilty of the foreknowledge of the Treason it self of which number some fled from their Tryal others were apprehended as holy Garnet himself and Oldcorn were and justly Executed upon their own plain Confession of Guilt If this Treason now clad with these circumstances did not minister a just occasion to that Parliament House whom they thought to have destroyed couragiously and zealously at their next sitting down to use all means of Tryal whether any more of that mind were yet left in the Country I leave it to you i.e. the Emperors Kings and Princes to judge whom God hath appointed his highest Deputy Judges upon Earth And amongst other things for this purpose this Oath of Allegiance so unjustly impugned was then devised and enacted And in case any sharper Laws were then made against the Papists that were not obedient to the former Laws of the Country if ye will consider the time place and persons it will be thought no wonder seeing that occasion did so justly exasperate them to make severer Laws then otherwise they would have done The Time I say being the very next sitting of the Parliament after the Discovery of that abominable Treason The Place being the same where they should all have been blown up and so bringing it freshly into their Memory again The Persons being those very Parliament Men whom
a Commission Issued to compound with Papists for their Forfeitures A Parliament was Summoned to meet the 17 th of March 1627. and a little before this Parliament Assembled a Society of Papists were taken in Clerkenwel divers of them were Jesuits and the House wherein they were taken was designed to be a Colledge of that Order Amongst their Papers was found a Copy of this Letter written to their Father Rector at Bruxells discovering their designs upon this State and their judgment of the temper thereof with a conjecture of the success of the ensuing Parliament which Letter because it contains Matter that justifies the making of the Law that was made against the Papists in this Sessions of Parliament as I find it Printed in Rushworth f. 474. I have here inserted A Letter from a Jesuit concerning the ensuing PARLIAMENT Father Rector LET not the damp of astonishment seize upon your Ardent and Zealous Soul A Letter from a Jesuit concerning the ensuing Parliament Rushw Coll. 1. pt f. 474. in apprehending the suddain and unexpected calling of a Parliament We have not opposed but rather furthered it so that we hope as much in this Parliament as ever we feared any in Queen Elizabeths days You must know the Council is engaged to assist the King by way of Prerogative in Case the Parliament any way should fail You shall see this Parliament will resemble the Pelican which takes a pleasure to dig out with her Beak her own Bowels The Election of Knights and Burgesses hath been in such confusion of apparent faction as that which we were wont to procure heretofore with much Art and Industry when the Spanish Match was in Treaty now breaks out naturally as a botch or boyl and spews out its own Rankor and Venom You remember how that famous and immortal Statesman the Connt of Gondomar fed King James his fancy and Rocked him asleep with the soft sweet sound of Peace to keep up the Spanish Treaty likewise we were much bound to some Statesmen of our own Country for gaining time by procuring the most advantageous Cessation of Arms in the Palatinate and advancing the Honour and integrity of the Spanish Nation and villifying the Hollanders remonstrating to King James that the State was most ungrateful both to his Predecessor Queen Elizabeth and his Sacred Majesty that the States were more obnoxious then the Turk and perpetually injured his Majesties Loving Subjects in the East-Indies and likewise they have usurped from his Majesty the Regality and unvaluable profit of the narrow Seas in fishing upon the English Coasts c. This great Statesman had but one principal means to further their great and good designs which was to set on King James that none but the Puritan Faction which plotted nothing but Anarchy and his Confusion were averse to this most happy Vnion We Steered on the same Course and have made great use of this Anarchical Election and have prejudicated and anticipated the great one that none but the Kings Enemies and his are chosen of this Parliament c. We have now many Strings to our Bow and have strongly Fortified our Faction and have added two Bulwarks more For when King James lived you know he was very violent against Arminianism and interrupted with his pestilent Wit and Learning our strong designs in Holland and was a great Friend to that Old Rebel and Heretick the Prince of Orange Now we have planted that Soveraign drug Arminianism which we hope will purge the Protestants from their Heresie and it Flourisheth and beareth Fruit in due Season The Materials which build up our Bulwark are the Projectors and Beggars of all Ranks and Qualities howsoever both these Factions co-operate to destroy the Parliament and to introduce a new Species and Form of Government which is Oliargchy Those serve as direct Mediums and Instruments to our End which is the Vniversal Catholick Monarchy Our Foundation must be Mutation and Mutation will cause a Relaxation which will serve as so many violent Diseases as the Stone Gout c. to the speedy Distraction of our perpetual and insufferable Anguish of Body which is worse than Death it self We proceed now by Councel and mature Deliberation how and when to work upon the Dukes Jealousie and Revenge and in this we give the Honour to those which merit it which are the Church Catholics There is another Matter of Consequence which we take much into our Consideration and Tender care which is to stave off Puritans that they hang not in the Dukes Ears they are impudent subtil People And it is to be feared least they should negotiate a Reconciliation between the Duke and the Parliament at Oxford and Westminster but now we assure our Selves we have so handled the Matter that both Duke and Parliament are irreconcileable For the better prevention of the Puritans the Arminians have already lockt up the Dukes Ears and we have those of our own Religion which stand continually at the Dukes Chamber to see who goes in and out we cannot be too circumspect and careful in this Regard I cannot chuse but laugh to see how some of our Coat have accoutred themselves you would scarce know them if you saw them and 't is admirable how in Speech and Gesture they act the Puritans The Cambridge Schollars to their woful Experience shall see we can act the Puritan a little better than they have done the Jesuites They have abused our sacred Patron St. Ignatius in jest but we will make them smart for it in earnest I hope you will excuse my merry Digression for I confess unto you I am at this time transported with Joy to see how happily all Instruments and Means as well great as less co-operate unto our Purposes But to return unto the main Fabrick our Foundation is Arminianism The Arminians and Projectors as it appears in the Premises affect Mutation this we second and enforce by probable Arguments in the first place we take into Consideration the Kings Honour and present Necessity and we shew how the King may free himself of his Word as Lewis the Eleventh did and for his great Splendor and Lustre he may raise a vast Revenue and not be beholden to his Subjects which is by way of Imposition and Excise then our Church Catholicks proceed to show the Means how to settle this Excise which must be by a mercenary Army of Horse and Foot. For the Horse we have made that sure they shall be Forreigners and Germans who will eat up the Kings Revenues and spoil the Country where-ever they come though they should be well paid what Havock will they make there when they get no Pay or are not duly paid they will do more Mischief then we hope the Army will do We are provident and careful that this mercenary Army of two thousand Horse and twenty thousand Foot shall be taken on and in Pay before the Excise be setled In forming the Excise the Country is most likely to rise If