have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
ten days if he may by any means for sickness and every Ordinary shall have sufficient Commissaries or Commissary dwelling in every County in a place notable so that if any such person so indicted be taken that the said Commissaries or Commissary may be warned in the notable place where he dwelleth by the Sheriff or his Officers to come to the King's Iayl in the same County there to receive the same persons so indicted by Indentures as before And that in the inquest in this case to be taken the Sheriffs and other Officers to whom it belongeth shall do to be Impannel'd good and sufficient persons not suspected nor procured that is to say that every of them which shall be so Empanell'd in such Inquest have within the Realm of England an hundred Shillings of Lands Tenements or of Rent by the year upon pain to lose to the King's use 10 l. and they which shall be Impannell'd in such Inquests in Wales every of them shall have to the value of 40 s. by year and if any such person be arrested be it by the Ordinary or by the King's Officers or Ministers and escape or break the prison before that he be acquit before the Ordinary the Goods and Chattels which he had the day of such arrest shall be forfeit to the King and his Lands and Tenements which he had the same day seized also in the King's hands the King shall have the profits thereof from the same day until he be yeilden to the prison from which he escaped and that the aforesaid Iustices have full power to enquire of all such Escapes breaking of Prison and also of Lands and Tenements Goods and Chattels of such persons so indicted provided also that if any such person indicted do not return to the said prison and dieth not convict it shall be lawful to his Heirs to enter into the Lands and Tenements of their Ancestor without any other pursuit making to the King for this cause and that all they which have Liberties and Franchises Royal in England as in the County of Chester the County and Liberty of Durham and other like and also the Lords which have Iurisdiction and Franchises Royal in Wales where the King's Writs do not run have power to execute and put in due execution these Articles in all points by them or by their Officers in like manner as the Iustices and other the King's Officers before declared should do By which Act it plainly appears that the Professors of the true Religion were not only to suffer in their own persons by being most inhumanly burnt but their very Wives and Children must feel the effects of Popish Cruelty having nothing left by this Law whereby to support their Families CHAP. IV. Hen. VIII THE three Laws in the precedent Chapters mentioned were put in severe Execution during the Reigns of R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. and to the twenty fifth year of Henry the 8 th during which time the Whore of Babylon made her self drunk with the Blood of the Saints not only halling them to prison but burning their Persons and ruining their whole Families In which time divers were Martyred purely to please and gratifie the Popish Clergy for whatever they said was Heresie must be so upon which Account they run the Persecution so high that in 25 H. 8. about which time the Professors of the true Religion were first called Protestants the Parliament began to consider That Heresie was no where defined and made an Act of Parliament for the Punishment of Heresie but by it repealed the Statute of 2 H. 4. ca. 15. the preamble of which Act doth declare That the Clergy did upon their suggestions obtain the said Act 25 H. 8. ca. 14. Rast Stat. fo 537. By this Law Protestants were to abjere or be burnt but that the same did not in any part thereof declare what was Heresie and that the word Canonical Sanctions are so general that it was difficult to avoid the Penalties of the Act in case he should be examined upon captious interrogatories as the Ordinaries did then use to persons suspect of Heresies and that all such proceedings were against the antient Laws of the Kingdom and for those reasons did repeal the said Act of 2 H. 4. ca. 15. and for redress of Heresie did establish 5 R. 2.5 and 2 H. 5.7 and did enact that Sheriffs in their Turns and Stewards in their Leets Rapes and Wapentakes should have Authority to enquire of Hereticks and every such Presentment made in any Turn Leet Co. Inst 2.658 Bulst 3.51 c. concerning Hereticks should be certified to the Ordinary and every person presented or indicted of any Heresie or duly accused by two lawful Witnesses might be cited arrested or taken by an Ordinary or other of the King's Subjects and committed to the Ordinary to answer in open Court and being convict should abjure his Heresies and refusing so to do or falling into a relapse should be burnt in an open place for Example of others By this Act indeed some part of the Common Law as to the Tryal of the Parties guilty seems to be restored but they could not yet think of parting with the severity of the Penalties I mean burning their Persons and confiscating their Estates and that the World might at length know who were deemed Hereticks and who not for before it was no where defined what Heresie was in the 31 st of H. 8. ca. 14. 31 H. 8. ca. 14. Rast Stat. fol. 652. By this Law Protestants are made Traytors Felons and guilty of a premunire An Act of Parliament was made called an Act for abolishing of Opinions in certain Articles concerning Christian Religion six Articles were agreed on and consented to viz. 1. That in the most Blessed Sacrament of the Altar by the strength and efficacy of Christ's mighty word it being spoken by the Priest is present really under the form of Bread and Wine the natural Body and Blood of our Saviour Jesu Christ Conceived of the Virgin Mary and that after the Consecration there remaineth no substance of Bread or Wine nor any other substance but the substance of Christ God and Man. 2. That the Communion in both kinds is not necessary ad salutem by the Law of God to all persons and that it is to be believed and not doubted of but that in the Flesh under the form of Bread is the very Blood and with the Blood under the form of Wine is the very Flesh as well a part as though they were both together 3. That Priests after the Order of Priesthood received may not marry by the Law of God. 4. That Vows of Chastity Widdowhood by Man or Woman made to God advisedly ought to be deserved by the Law of God and that it exempts them from other Liberties of Christian People which without that they might enjoy 5. That it is meet and necessary that private Masses be continued and
admitted in the King 's English Church and Congregations as whereby good Christian People ordering themselves accordingly do receive both Godly and goodly consolations and benefits and it is agreeable also to God's Law. 6. That Auricular Confession is expedient and necessary to be retained and continued used and frequented in the Church of God. He that by word of Mouth Writing Printing Cyphering or in any otherwise doth Publish Preach Teach Say Affirm Declare Dispute Argue or hold any Opinion contrary to the first Article is by that Act of 31 H. 8. ca. 14. Declared a Heretick to suffer Death by burning and to forfeit his Estate as in case of High Treason The publick Preaching and affirming in a Court of Justice any thing contrary to the other five Articles and Marrying after a vow of Chastity is declared Felony without Benefit of Clergy and to forfeit as in cases of Felony And if any Person by Words Writing Printing Cyphering or otherwise publish declare or hold Opinion contrary to the said five Articles he forfeits his Goods and Chattels for ever the Profits of his Lands Tenements and other his real Estate during his life his Spiritual Promotion shall be utterly void and his body imprisoned at the King's Pleasure for the first offence and for the second offence to be adjudg'd a Felon and suffer and forfeit as a Felon without Benefit of Clergy By which Act it plainly appears that the denying of Transubstantiation was by this Law made High Treason The publishing or holding the necessity of Receiving in both kinds the lawfulness of Priests Marrying the unlawfulness of vowing Chastity of private Masses and Auricular Confession was no less than Felony or at least a Premunire So that in a word to be a Protestant was to be a Traytor a Felon or subject to a Premunire And could they have found any punishment inflicted by our Laws that is worse they would no doubt have made the Protestants subject to it and that not as Offenders against the Polity of the Civil State but purely upon the Account of their Religion And therefore the next thing that is done by these destroyers of Souls as well as Bodies is to take away all means of Knowledge as well as to inhibit the Promulgation thereof upon such severe Penalties and for that purpose was the Act of 34 H. 8. ca. 1. made Whereby 34 H. 8. ca. 1. Rast Stat. p. 782. The means of Knowledge in Religion taken away by this Act from the Protestants All Books of the Old and New Testament in English being of Tindal's Translation or Comprising any matter of Christian Religion Articles of the Faith or holy Scripture contrary to the Doctrine aforesaid i. e. the Doctrine of Popery and set forth after the year 1540 or then to be set forth by the King were utterly abolished no Printer or Bookseller was to utter any of the aforesaid Books no person was to play in enterlude sing or rhyme contrary to the said Doctrine no person was to retain any English Books or Writings concerning matter against the Holy and Blessed Sacrament of the Altar i. e. the Mass or other Books abolished by the King's Proclamation there was to be no annotations or preambles in Bibles or New Testaments in English The Bible was not to be read in English in any Church no Women or Artificers Prentices Iourneymen Servingmen of the degrees of Yeomen or under Husbandmen nor Labourers should read the new Testament in English Nothing was to be taught or maintained contrary to the King's Instructions which were for the suppressing Heresie or Protestantism and if any Spiritual person should preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and should be thereof Convict he should for his first Offence recant for the second abjure and bear a Fagot and for his third should be adjudged an Heretick and be burnt and lose all his Goods and Chattels And whoever will take the pains to read over 1 Dr. Burnet the History of the Reformation together with 2 Fox the Book of Martyrs of which Book Dr. Burnet in his Preface to the first part of his History of the Reformation saith that he having compared his Acts and Monuments with the Records had never been able to discover any Errors or Prevarications in them but the utmost fidelity and exactness will find so many instances of putting all these bloody Laws before mentioned in Execution as I perswade my self that there are some Papists would e'en blush at and be throughly ashamed of and if they have any thing of Humanity in them must utterly abhor But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants the Reformation in King Edward the 6 th's time of Glorious Memory intervening I shall shew how the Reformers used the Papists in his Reign CHAP. V. Ed. VI. IT may be expected that I should say something of Henry the 8 th's Reformation But as to what was done in Henry the 8 th's time I shall not trouble the Reader with any thing because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good that he concludes his first part of the History of the Reformation Hist of the Reformation vol. 1. p. 362. with this speaking of Henry the 8 th I do not deny that he is to be numbred among the ill Princes yet I can't rank him with the worst Which Character certainly the preceeding account of the Laws made in his time against the Protestants does evidence to be very favourable to him I shall therefore begin with the Laws made in the Reign of King Edward the 6 th and the manner of introducing them King Edward the 6 th coming to the Crown young and Cranmer and others designing throughly to reform the Church of England from the Errors and Corruptions that were crept into Her during the time she was under the Popish Tyranny The first step that was set in order to it was the visiting the Clergy quite over England and compiling some wholesome Homilies Mild Methods us'd by King Ed. the 6th before any Laws made to supply the defect of Sermons by reason of the ignorance of the then Clergy and to prevent unnecessary Disputes in the Pulpits Their Articles and Injunctions for the Visitation were to be observed under the pains of Excommunication Sequestration or Deprivation not upon the Penalty of being burnt as a Heretick or forfeiture either of Lands in fee simple or Goods or Chattels or either or any of them This was done before the Parliament was called November the 4 th 1547. The Parliament met and the first Act of Parliament that was made was an Act against such as should unreverently speak against the Sacrament of the Altar and of the receiving thereof under both kinds which Act of Parliament in the Preamble takes notice That the King
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
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined tending to the Hurt of Her Majesties Royal Person by any Person or with the Privity of any Person that shall or may pretend Title to the Crown of this Realm That then by Her Majesties Commission under Her Great Seal the Lords and others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or any of Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all Her Highnesses Subjects shall and may lawfully by virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means any such detestable Fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid That the Lords and others Commissioners to try such Traitors in case the Queen should be killed which shall be of Her Majesties Privy Council at the time of such her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be Persons that may make any Title to the Crown those Persons which were Chief Iustices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner of such Her Majesties Death and what Persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that Behalf be needful and convenient but also to use all other Means and things possible and necessary for the maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or stirred in disturbance of the due Execution of this Law by any Person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the Effect and true Meaning of the same That then every Person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto them for assistance as is aforesaid in all things to be done and executed according to the Effect and Intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor of this Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions
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
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